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HomeMy WebLinkAbout072407 CC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting v.ill enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JULY 24, 2007 - 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. - Closed Session of the City Council and Redevelopment Agency pursuant to Government Code Section: 1. Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of existing litigation: City of Temecula v. Jerry R. Morter and Linda C. Morter, Trustees, etc., et al. - Riverside County Superior court Case No. RIC 412298 (Assessor's Parcel No. 921-040-028). 2. Conference with City Attorney pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and City related entities based on existing facts and circumstances. With respect to such matter, the City Council will also meet pursuant to Government Code Section 54956.9(c) to decide whether to initiate litigation. 3. Conference with real property negotiator pursuant to Government Code Section 54956.8 regarding the following real property: (a) Real Property owned by Temecula Town Center Associates, LP, and under lease the FC Temecula, Inc., which consists of approximately three acres of real property located within the southeasterly portion of the Temecula Promenade Mall between Macy's and Edwards Cinemas. The Council and Agency will provide direction to the City of TemeculalAgency negotiators: Shawn Nelson, City Manager; Bill Hughes, Director of Public Works; and Peter Thorson, City Attorney regarding instructions to negotiators concerning price and terms of the Owner Participation Agreement and the Ground Sublease between the Redevelopment Agency of the City of Temecula and Towne Center Associates, LP, and FC Temecula, Inc. City negotiators may negotiate with the property owners Town Center Associates, LP, and FC Temecula, Inc. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 07-08 Resolution: 07-60 CALL TO ORDER: Mayor Chuck Washington Prelude Music: Musicians Workshop Children's Chorus Invocation: Rabbi Yitzchok Hurwitz of Chabad of Temecula Valley Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTA TIONS/PROCLAMA TIONS Proclamation for Bob Tavlor Proclamation for Linda Kissam Vail Ranch Restoration Association Presentation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. 2 CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adootion Procedure RECOMMENDATION: 1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of June 26, 2007. 2.2 Approve the minutes of July 10,2007. 3 Resolution Aoorovina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Citv Treasurer's Statement of Investment Policv RECOMMENDATION: 4.1 Adopt the Treasurer's Statement of Investment Policy as proposed by staff which provides safety, liquidity, compliance, and yield for City funds. 5 Authorization of Soecial Tax Levv in Communitv Facilities District No. 88-12 !Ynez Corridor) RECOMMENDATION: 5.1 Adopt a resolution entitled: 3 RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) 6 ADDrove the SDonsorshiD Reauest for the 2007 Temecula OnStaae Event RECOMMENDATION: 6.1 Approve the event sponsorship agreement for actual City-support costs in the amount up to $6,135 for Temecula OnStage and authorize the Mayor to execute the agreement. 7 ADDrove the SDonsorshiD Reauest for the 2007 Inland EmDire Affiliate of Susan G. Komen for the Cure RECOMMENDATION: 7.1 Approve the event sponsorship and funding agreement in the amount of $25,000 cash, City-support costs in the amount of approximately $13,708, and promotional services valued at $11 ,292 for the Inland Empire Affiliate of Susan G. Komen for the Cure. 8 AcceDt the Offer of Dedication and execute a Quitclaim Deed wherebv the Citv arants to Riverside Countv Flood Control and Water Conservation District (RCFC&WCD) a drainaae easement for the Roval Crest Place Storm Drain (Tract MaD No. 24188-3 - Paseo Del Sol DeveloDment) RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE OFFER OF DEDICATION AND EXECUTING THE QUITCLAIM DEED WHEREBY THE CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC&WCD) A DRAINAGE EASEMENT FOR ROYAL CREST PLACE STORM DRAIN (TRACT MAP NO. 24188-3) 9 Award a Contract for ReDlacement of Overhead Street Name Sians on Route 79 South - Proiect No. PW06-13 RECOMMENDATION: 9.1 Award a contract to DBX, Inc. to furnish and install Internally Illuminated Street Name Signs (IISNS), mast arms, and sign equipment on Route 79 South, in the amount of $67,300 and authorize the Mayor to execute the contract; 4 9.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $6,730, which is equal to ten percent (10%) of the contract amount. 10 Aareement for Consultina Services between the Citv of Temecula and ESA Associates for the DreDaration of a SuDDlemental EnvironmentallmDact ReDort for the Temecula Reaional HosDital Proiect RECOMMENDATION: 10.1 Approve a Contract with ESA Associates to prepare a Supplemental Environmental Impact Report (SEIR) for the Temecula Regional Hospital project in the amount of $67,500; 10.2 Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $6,750, which is equal to 10% of the agreement amount. 11 Certification of California State Office of Librarv Construction Interest in the Temecula Public Librarv RECOMMENDATION: 11 .1 Approve in substantial form the Certification of California State Library Office of Library Construction Interest in the Temecula Public Library as Authorized by Education Code Section 19999 and 5 Cal Code Regs. Section 20438(d) and direct staff to have the document recorded by the Riverside County Recorder. 12 Communitv Grant Aareement with the Temecula Sister Citv Association RECOMMENDATION: 12.1 Approve a grant in the amount of $7,500 for the Temecula Sister City Association for fiscal year 2007-2008. 13 First Amendment to the Fire/EMS Protection Aareement for Fiscal Year 2007-08 RECOMMENDATION: 13.1 Approve the First Amendment to the Cooperative Agreement with the County of Riverside to provide fire protection, fire prevention, and rescue services for Fiscal Year 2007-2008, amending Exhibit A describing contract staffing costs. 5 14 Amendment NO.2 to CooDerative Aareement with Friends of the T emecula Children's Museum RECOMMENDATION: 14.1 Approve Amendment No.2, extending the term of the agreement to June 30, 2010, to the Cooperative Agreement with the Friends of the Temecula Children's Museum for the operation of the museum gift shop. ******'14 _" RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, CITY OF TEMECULA REDEVELOPMENT AGENCY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ******'14 _" 6 7 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 07-01 Resolution: No. CSD 07-11 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CSD CONSENT CALENDAR 15 Minutes RECOMMENDATION: 15.1 Approve the minutes of July 10, 2007. 16 AmDhitheater Namina RECOMMENDATION: 16.1 Consider renaming the Community Recreation Center Amphitheater (CRC) the "CRC Foundation Amphitheater". 8 17 Consultant Services Aareement for Murrieta Creek Multi-Puroose Trail - Proiect No. PW01- 27 RECOMMENDATION: 17.1 Approve the Consultant Agreement with Kimley-Horn and Associates, Inc. in the amount of $40,886 to provide as needed Bid and Construction Phase Engineering and Design Services. CSD BUSINESS 18 Cancellation of Service Level C Election RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. CSD 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA CANCELING THE SPECIAL MAIL BALLOT ELECTION SCHEDULED FOR AUGUST 28, 2007 18.2 Direct and authorize the District Manager to send a letter to the property owners subject to the Special Mail Ballot Election notifying them of the cancellation of the Special Mail Ballot Election and explaining the reason for the cancellation; 18.3 Direct and authorize the District Manager to take such actions as are necessary and appropriate to initiate the procedures necessary to enable the Board of Directors to again consider the proposed increase to the Rates and Charges for Service Level C and to decide whether to submit the proposed increase to the property owners at the next available Mail Ballot Election date of March 4, 2008. CSD DEPARTMENTAL REPORT 19 Communitv Services District DeDartment Monthlv ReDort CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, August 14, 2007, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula, California. g TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 07-01 Resolution: No. RDA 07-05 CALL TO ORDER: Chair Person Maryann Edwards ROLL CALL AGENCY MEMBERS: Comerchero, Naggar, Roberts, Washington, Edwards RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. RDA CONSENT CALENDAR 20 Minutes RECOMMENDATION: 20.1 Approve the minutes of July 10, 2007. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BUSINESS 21 Temecula Promenade Mall East Parkina Facilitv Owner ParticiDation Aareement. Ground Sublease. Rina Road Enhancement Aareement. and Parkina Manaaement Aareement RECOMMENDATION: 21.1 The City Council adopt a resolution entitled: 10 RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS FOR THE PURCHASE OF THE EAST PUBLIC PARKING FACILITY PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 21.2 The City Council adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT, A GROUND SUBLEASE, AND A PARKING MANAGEMENT AGREEMENT FOR THE EAST PARKING FACILITY, AND APPROVING THE RING ROAD ENHANCEMENT AGREEMENT FOR THE PROMENADE MALL 21.3 The Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 07-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS BY THE AGENCY FOR THE PURCHASE OF THE EAST PUBLIC PARKING FACILITY PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 21.4 The Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 07-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT, A GROUND SUBLEASE FOR THE EAST PARKING FACILITY, AND A PARKING MANAGEMENT AGREEMENT FOR THE EAST PARKING FACILITY 21.5 The Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 07-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DESIGNATING CONSULTANTS IN CONNECTION WITH THE PROPOSED ISSUANCE OF TAX ALLOCATION BONDS FOR PARKING FACILITIES AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO RDA DEPARTMENTAL REPORT 11 22 RedeveloDment DeDartment Monthlv ReDort RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, August 14, 2007, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula, California. 12 TEMECULA PUBLIC FINANCING AUTHORITY Next in Order: Ordinance: No. TPFA 07-01 Resolution: No. TPFA 07-06 CALL TO ORDER: Chair Person Chuck Washington ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Roberts Washington TPFA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Temecula Public Financing Authority on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 23 Minutes RECOMMENDATION: 23.1 Approve the minutes of June 26, 2007. 24 Authorization of SDecial Tax Levv in Communitv Facilities District No. 03-1 (Crowne Hilll, RECOMMENDATION: 24.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 07-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) 13 25 Authorization of SDecial Tax Levv in Communitv Facilities District No. 01-2 !Harveston) RECOMMENDATION: 25.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 07-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON) 26 Authorization of SDecial Tax Levv in Communitv Facilities District No. 03-6 !Harveston II) RECOMMENDATION: 26.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 07-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-6 (HARVESTON II) 27 Authorization of SDecial Tax Levv in Communitv Facilities District No. 03-2 !RoriDauah Ranch) RECOMMENDATION: 27.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 07-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-2 (RORIPAUGH RANCH) 28 Authorization of SDecial Tax Levv in Communitv Facilities District No. 03-3 !wolf Creek) RECOMMENDATION: 28.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 07-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-3 (WOLF CREEK) 14 RECONVENE TEMECULA CITY COUNCIL COUNCIL BUSINESS 29 Ordinance No. 07- Prima Facie SDeed Limits on Certain Streets RECOMMENDATION: 29.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS 30 Amendment to Cable. Video. and Telecommunications Ordinance RECOMMENDATION: 30.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 5.12 ("CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICES PROVIDERS") OF TITLE 5 OF THE TEMECULA MUNICIPAL CODE BY ADDING A NEW ARTICLE 8 31 An Ordinance to amend the Drovisions of Ordinance No. 07-04 reaulatina smokina in multi- unit residences and to amend the Drovisions of Ordinance No. 07-05 reaulatina smokina in Public Places and the WorkDlace RECOMMENDATION: 31.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 8.36.020, 8.36.030, AND 17.30.020 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO SMOKING 15 31.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 8.36.020, 8.36.030, AND 17.30.020 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO SMOKING 32 Old Town Local Review Board ADDointment RECOMMENDATION: 32.1 Appoint an applicant to serve an un-expired term on the Old Town Local Review Board through June 15, 2008. DEPARTMENTAL REPORTS 33 Plannina DeDartment Monthlv ReDort 34 Citv Council Travel/Conference ReDort - June 2007 35 Police DeDartment Monthlv ReDort 36 Public Works DeDartment Monthlv ReDort 37 Buildina and Safetv DeDartment Monthlv ReDort CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, August 14, 2007, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. 16 PROCLAMA TIONS AND PRESENTATIONS The City of Temecula PROCLAMATION WHEREAS, Bob Taylor lived in Temecula for over 30 years and was recognized as an icon in Old Town Temecula; and WHEREAS, Bob and his wife, Bea, were known as "Old Town Temecula Greeters". They attended numerous City events as volunteers for the Temecula Valley Chamber of Commerce; and WHEREAS, they dressed as Santa and Mrs. Claus every Christmas for 16 years. Bob was known as Santa even throughout the rest ofthe year; and WHEREAS, dressed in bib overalls, Bob offered short tours ofthe historic district, answered visitor's questions, and handed out maps of Old Town; and WHEREAS, in 1996, Bob and Bea were presented with the lifetime achievement award by the Chamber of Commerce for promoting Temecula and in 1999, the Taylors were honored for their extraordinary contributions to the City by having their names added to the Wall of Honor; and WHEREAS, Bob will always be remembered for his generous and warm spirit he bestowed to the City of Temecula and he will be deeply missed. NOW, THEREFORE, I, Chuck Washington, on behalf ofthe City Council ofthe City of Temecula, hereby proclaim July 24,2007, to be "Bob Taylor Day" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal ofthe City of Temecula to be affixed this 24th day of July, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula PROCLAMATION WHEREAS, Linda Kissam has served as Executive Director of the Temecula Valley Winegrower's Association, and was an active marketing partner ofthe City of Temecula for the past eight years; and WHEREAS, Linda was instrumental in managing the growth of the Temecula Valley wine region and laying the groundwork for the arrival of additional wineries; and WHEREAS, Linda was involved in the collaborative marketing efforts between the Temecula Valley Winegrower's Association and the City of Temecula on special events, familiarization tours, advertising, and trade shows, thus, leveraging assets and allowing Temecula to maintain market share in the tourism industry; and WHEREAS, Linda is a true "Visionary" whose passion and vision helped define Temecula as one of the premier tourist destinations in Southern California; and WHEREAS, Linda has left an indelible mark on the development of expanding tourism awareness in Temecula; and WHEREAS, we appreciate Linda's involvement and her many contributions to the community and we wish her every future happiness and success. NOW, THEREFORE, I, Chuck Washington, on behalf ofthe City Council ofthe City ofTemecula, hereby proclaim July 24, 2007, to be "Linda Kissam Day" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal ofthe City of Temecula to be affixed this 24th day of July, 2007. Chuck Washington, Mayor Susan W. Jones, MMC, City Clerk CONSENT CALENDAR I~-- . , II ITEM NO.1 II , II - . . . I I II II __. . I I~-- . , II ITEM NO.2 II , II - . . . I I II II __. . I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JUNE 26, 2007 The City Council convened in Closed Session at 6:00 p.m. and its regular meeting commenced at 7:00 p.m., on Tuesday, June 26, 2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Roberts, and Mayor Washington. Absent: Council Member: None. PRELUDE MUSIC The Prelude Music was provided by Eve Craig. INVOCATION The invocation was provided by Pastor Wells of Mountain View Community Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Mayor Pro Tem Naggar. PRESENTA TIONS/PROCLAMA TIONS Jazz Month Proclamation Advising that the City of Temecula has put its name on the roadmap of American Jazz Festivals that honors the history and importance of American Jazz Music as an art form, Mayor Washington proclaimed the month of July as Jazz Month. Certificate of Achievement to Trevor Enerina for beina a Motor Officer for a Dav Recognizing Trevor Enering for being a Motor Officer for a Day, Mayor Washington presented him with a Certificate of Achievement. Representing the Make a Wish Foundation, Ms. Beverly Stone gave special thanks to the following organizations and individuals for it:;generous support D City of Temecula Motor Officers D Lieutenant Pino D Sergeant Southern D Bianchi International D Bacon Holster Company D Ivy Leather Works D Boot Barn D Straight Edge Custom Painting D Temecula Motor Sports D City of Temecula D Tony Turska RIMinutesl062607 D Too Hot Active Wear and Uniforms D Cathy Zalasco D Toys-R-Us. Ms. Beverly Stone advised that the Make a Wish Foundation will be hosting its first organizational meeting on July 11, 2007, at Paradise Chevrolet at 6:00 p.m. Federal Leaislation UDdate Representing the City of Temecula, Lobbyist David Turch updated the Council with regard to governmental issues and thanked the City Council for allowing his firm to serve the City. PUBLIC COMMENTS A. Mr. Dan Allenbach, Widomar, representing Kal Pacific & Associates relayed his concern with regard to the inequities of the City's permit process. For Mr. Allenbach, City Manager Nelson relayed that he will address his concern. CITY COUNCIL REPORTS A. Council Member Roberts updated the Council on San Diego Association of Governments (SANDAG) Draft 2007 Regional Transportation Plan and its new plan for public private partnership financing. B. Council Member Comerchero congratulated Mayor Washington on his election as Chairman of the Western Riverside Council of Governments (WRCOG). C. Relaying the importance of engaging in the regions infrastructure, Mayor Washington thanked Council Member Comerchero for his praise. Mayor Washington invited the public to attend the Mayor's Ball at Temecula Creek Inn on Saturday, June 30, 2007. Mayor Washington also invited the public to the Star Spangled 4th of July Parade on Wednesday, July 4, 2007, in Old Town, at 10:00 a.m. CONSENT CALENDAR 1 Standard Ordinance and Resolution AdoDtion Procedure RECOMMENDATION: 1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. RIMinutesl062607 2 2 Resolution aDDrovina List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 07 -52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Minutes RECOMMENDATION: 3.1 Approve the minutes of May 22, 2007. 4 Purchasina Authorization for TemDorarv Staffina over $30k for FY 07/08 RECOMMENDATION: 4.1 Approve the purchasing authorization of the following for temporary staffing during FY 07/08: 1. AppleOne, for an annual amount of $165,000 2. Manpower, for an annual amount of $110,000 3. Kimco, for an annual amount of $55,000 4. TriStaff, for an annual amount of $55,000 5 Printer Tonerllnk Cartridae Purchase RECOMMENDATION: 5.1 Authorize the purchase of Printer Tonerllnk cartridges for the total amount of $40,000 from GCS Supplies, which includes shipping and applicable sales tax. 6 Accela/Permits Plus Maintenance Aareement RECOMMENDATION: 6.1 Authorize the purchase of the annual maintenance support agreement for the following AccelalPermits Plus Applications: Permits Plus Base, Client Server, Workflow, and Wireless Modules, for the total amount of $34,713.99. 7 Eden Software SuDDort Aareement RECOMMENDATION: 7.1 Approve the purchase of annual Financials and Payroll Software Support from Eden Systems, Inc., for the Fiscal Year 2007/08 for the total amount of $32,570.31; 7.2 Authorize the City Manager to approve the contingency amount of $3,257.03, which is equal to 10% of the contract amount. RIMinutesl062607 3 8 AcceDt the Grant Deed for Wolf Creek Linear Park South RECOMMENDATION: 8.1 Authorize acceptance of the Grant Deed for the Wolf Creek Linear Park South, located in the Wolf Creek development and direct staff to proceed with the necessary actions to cause the deed to be recorded. 9 Amendment NO.4 to License Aareement with Safe Alternatives for Evervone (SAF.E.) RECOMMENDATION: 9.1 Approve Amendment NO.4 to the License Agreement with Safe Alternatives for Everyone (SAF.E.). 10 Amendment NO.5 to Aareement with LPA. Inc. for Architectural Services - Temecula Public Librarv Proiect No. PWOO-07 RECOMMENDATION: 10.1 Approve Amendment NO.5 to the Agreement with LPA, Inc. in an amount not to exceed $18,848 to provide necessary construction support services to complete the Temecula Public Library. 11 Arts Council of Temecula Vallev SDecial Event Communitv Grant Aareement RECOMMENDATION: 11.1 Approve a Special Event Community Grant Agreement between the City of Temecula and the Arts Council of Temecula Valley (Arts Council) in the amount of $20,000. 12 Aareement for Parkina Citation Processina RECOMMENDATION: 12.1 Approve the Professional Services Agreement between the City of Temecula and Data Ticket, Inc. for Parking Citation Processing in the amount of $7,000 for fiscal year 2006-07, and $45,000 for fiscal year 2007-08, for a total amount of $52,000. RIMinutesl062607 4 13 AcceDtance of Ynez Road Bridpe Widenina over Santa Gertrudis Creek into the Citv- Maintained Svstem as Dart of the Harveston II CFD No. 03-06 RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 07 -53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING THE YNEZ ROAD BRIDGE WIDENING OVER SANTA GERTRUDIS CREEK INTO THE CITY-MAINTAINED SYSTEM AS PART OF THE HARVESTON II CFD NO. 03-06 14 AcceDtance of certain Public Streets into the Citv-Maintained Svstem within Tract MaD Nos. 23143-7 and 23143-9 !located at the intersection of Crowne Hill Drive and Roval Crest Place - within the Crowne Hill Subdivision) RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 07 -54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NOS. 23143-7 AND 23143-9) 15 Authorize Temporarv Street Closure of Old Town Front Street between Moreno Road and 2nd Street: Main Street from Bridae to Old Town Front Street: 2nd Street: 3rd Street: 4th l3treet: 5th Street: 6th Street: and Mercedes Street between Moreno Road and 2nd Street for the "Star SDanaled 4th of Julv Parade" and Deleaate Authoritv to Issue SDecial EventslStreet Closures Permit to the Director of Public Works RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 07 -55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF OLD TOWN FRONT STREET BETWEEN MORENO ROAD AND 2ND STREET; MAIN STREET FROM THE BRIDGE TO OLD TOWN FRONT STREET; 2ND STREET; 3RD STREET; 4TH STREET; 5TH STREET; 6TH STREET; AND MERCEDES STREET BETWEEN MORENO ROAD AND 2ND STREET FOR THE "STAR SPANGLED 4TH OF JULY PARADE" AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES RIMinutesl062607 5 16 Authorize Temp'orarv Street Closure of Pauba Road between Marparita Road and Showalter Road for the "Julv 4th. 2007 Fireworks Show" and Deleaate Authoritv to Issue SDecial EventslStreet Closures Permit to Director of Public Works RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 07 -56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF PAUBA ROAD BETWEEN MARGARITA ROAD AND SHOWALTER ROAD FOR THE "JULY 4TH 2007, FIREWORKS SHOW", AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKSICITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES ITEM NO. 17 WAS CONSIDERED UNDER SEPARATE DISCUSSION 17 Authorize TemDorarv Street Closure of a Dortion of Main Street on Julv 14th. 2007 for the "Temecula Vallev International Jazz Festival" and Deleaate Authoritv to Issue a SDecial EventslStreet Closures Permit to the Director of Public Works RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 07 -57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF A PORTION OF MAIN STREET ON JULY 14TH, 2007 FOR THE "TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL" EVENT AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 18 Professional Consultant Services for Sianina and StriDina ImDrovements - Various Locations for FY06-07 RECOMMENDATION: 18.1 Approve the professional consultant services agreement with ME Incorporated in the amount of $64,830.00 to provide Citywide Signing and Striping Improvements at various locations for Fiscal Year 2006-2007 and authorize the Mayor to execute the agreement. RIMinutesl062607 6 19 First Amendment to Professional Services Aareement for LandscaDe Plan Check and InsDection Services for Various CaDitallmDrovement Proiects for FY2007-2008 RECOMMENDATION: 19.1 Approve the First Amendment with Community Works Design Group in the amount of $60,000.00 to provide as needed landscape plan check and inspection services for Fiscal Year 2007-2008. 20 Second Amendment to a Professional Services Aareement. Maintenance Facilitv Field ODerations Center - Phase II. Proiect No. PW03-06 RECOMMENDATION: 20.1 Approve the Second Amendment to the Agreement with MTGL, Inc., for geotechnical and material testing and special inspections, in an amount not to exceed $10,234.75 for the Maintenance Facility Field Operations Center - Phase II, Project No. PW03-06, and authorize the Mayor to execute the Amendment. 21 Second Amendment to Construction Contract for Fiscal Year 2007-2008 Citvwide Street StriDina Proaram - Proiect No. PW05-02 RECOMMENDATION: 21.1 Approve the Second Amendment to the Construction Contract with Pacific Striping, Inc. for Fiscal Year 2007-2008 Citywide Street Striping, Project No. PW05-02 for an amount of $250,000.00 and authorize the Mayor to execute the amendment. 22 Sixth Amendment to Contract Aareement for On-Call Traffic Sianal Maintenance Services for Fiscal Year 2007-2008 RECOMMENDATION: 22.1 Approve the Sixth Amendment to the Contract Agreement with Republic ITS (formerly Republic Electric) to perform additional On-Call Traffic Signal Maintenance Services and traffic related projects for Fiscal Year 2007-2008, for an amount not to exceed $50,000.00, extend the contract term to June 30, 2008 and authorize the Mayor to execute the agreement. 23 Fifth Amendment for Consultant Services for French Vallev Parkwavllnterstate 15 Over- Crossina and Interchanae ImDrovements - Proiect No. PW02-11 RECOMMENDATION: 23.1 Approve the Fifth Amendment to the consultant agreement with Moffatt & Nichol Engineers in an amount not to exceed $169,000.00 for additional services necessary to complete the Project Report and Environmental Document for the French Valley Parkway I Interstate 15 Over-Crossing and Interchange Improvements - Project No. PW02-11; and authorize the Mayor to execute the amendment to the agreement. RIMinutesl062607 7 24 ComDletion and AcceDtance of the Temecula Librarv - Proiect No. PWOO-07 RECOMMENDATION: 24.1 Accept the construction of the Temecula Library, Project No. PWOO-07 as complete; 24.2 Release the Performance Bond and accept a one year Maintenance Bond in the amount of 10% of the contract amount; 24.3 Release the Materials and Labor Bond seven months after filing the Notice of Completion if no liens have been filed. 25 Second Readina of Ordinance No. 07-07 RECOMMENDATION: 25.1 Adopt an Ordinance entitled: ORDINANCE NO. 07-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 3.28.130, 3.28.250, AND 3.28.290 OF THE TEMECULA MUNICIPAL CODE CONCERNING PURCHASES OF SUPPLIES AND EQUIPMENT TO BE MADE BY FORMAL BID ABOVE A MINIMUM AMOUNT TO BE SET BY CITY COUNCIL RESOLUTION MOTION: Council Member Edwards moved to approve Consent Calendar Item Nos. 1-14 and 18-25. Council Member Comerchero seconded the motion and electronic vote reflected unanimous aooroval (Item No. 17 was considered under separate discussion; see page 8.) 17 Authorize TemDorarv Street Closure of a Dortion of Main Street on Julv 14th. 2007 for the "Temecula Vallev International Jazz Festival" and Deleaate Authoritv to Issue a SDecial EventslStreet Closures Permit to the Director of Public Works RECOMMENDATION: 17.2 Adopt a resolution entitled: RESOLUTION NO. 07 -57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF A PORTION OF MAIN STREET ON JULY 14TH, 2007 FOR THE "TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL" EVENT AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES Referencing the City's Annual Jazz Festiva, Council Member Comerchero advised that the street closure (Main Street) will take place east of the Children's Museum. RIMinutesl062607 8 MOTION: Council Member Comerchero moved to approve Consent Calendar Item No. 17. Council Member Edwards seconded the motion and electronic vote reflected unanimous aooroval. At 7:45 p.m. the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:52 p.m. the City Council resumed with regular business. COUNCIL BUSINESS 34 Plannina Commission ADDointments RECOMMENDATION: 34.1 Appoint two applicants to serve full three-year terms on the Planning Commission through June 15, 2010. City Clerk Jones provided a brief staff report (of written material), relaying that a subcommittee comprised of both Mayor Washington and Mayor Pro Tem Naggar have recommended the reappointment of Commissioners Telesio and Harter. MOTION: Council Member Roberts moved to appoint Commissioner Telesio and Commissioner Harter. Council Member Edwards seconded the motion and electronic vote reflected unanimous aooroval. DEPARTMENTAL REPORTS 35 Citv Council TravellConference ReDort - Mav 2007 36 Public Works DeDartment Monthlv ReDort 37 Plannina DeDartment Monthlv ReDort CITY MANAGER REPORT No additional comments. CITY ATTORNEY REPORT Wittregard to Closed Session, City Attorney Thorson advised that there was no action to report under Closed Session. RIMinutesl062607 g ADJOURNMENT At 7:53 p.m. the City Council meeting was formally adjourned to Tuesday, July 10, 2007, at 5:30 P.M., for a Closed Session with regular session commencing at 7:00 p.m. in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] RIMinutesl062607 10 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL July 10, 2007 The City Council convened in Closed Session at 6:00 p.m. and its regular meeting commenced at 7:00 p.m., on Tuesday, July 10, 2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Washington, Roberts Absent: Council Member: Naggar. PRELUDE MUSIC The Prelude Music was provided by Southwest Youth Chorus & Pianist Shanti Ryle. INVOCATION The invocation was provided by City Manager Nelson. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Roberts. PRESENTA TIONSIPROCLAMA TIONS On behalf of the City Council and staff, Mayor Washington wished Mr. and Mrs. Ward a Happy Birthday. PUBLIC COMMENTS A. Mr. Kevin Ives, Temecula, invited the City Council and public to attend a Cultural Event to be held at the Inka Grill on Saturday, July 28, 2007, at 1 :00 p.m., noting that music and festivities will be provided. B. Mr. Bob Mejia, Crown Hill resident, expressed concern with the developer of Crown Hill, noting that certificates of occupancy are being released prior to the developer meeting all the Conditions of Approval. For Mr. Mejia, Mayor Washington noted that the City Manager will address his concern. CITY COUNCIL REPORTS No comments. RIMinutesl071 007 CONSENT CALENDAR 1 Standard Ordinance and Resolution AdoDtion Procedure RECOMMENDATION: 1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of June 12, 2007. 3 Resolution aDDrovina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 07 -58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Citv Treasurer's ReDort as of Mav 31. 2007 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of May 31, 2007. 5 AcceDtance of certain Public Streets into the Citv-Maintained Svstem within Tract MaD Nos. 30669. 30669-1 and 30669-2 (located southeast of the intersection of Harveston Drive and Lakeview Road within the Harveston Subdivision) RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 07 -59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NOS. 30669, 30669-1 AND 30669-2) RIMinutesl071 007 2 6 Replacement of the Book DroD Returns and Carts for the Temecula Public Librarv - Proiect No. PWOO-07 RECOMMENDATION: 6.1 Approve an agreement with Vernon Library Supplies, Inc. (dba Integrated Technology Group) for the replacement of the existing Book Drop Returns and Carts at the Temecula Library with a higher quality, fully contained book return unit furnished by Vernon Library Supplies, Inc., (dba Integrated Technology Group) for $10,007.99 and authorize the City Manager to execute the agreement on behalf of the City. 7 ComDletion and AcceDtance of Route 79 South Medians between 1-15 and Butterfield Staae Road. Proiect No. PW02-14 RECOMMENDATION: 7.1 Accept the Route 79 South Medians Project between 1-15 and Butterfield Stage Road, Project No. PW02-14, as complete; 7.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 7.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. 8 Aareement with Caltrans to install nine freeway sipj1s alona Interstate 15. addina Temecula Parkwav to Hiahwav 79 South - Proiect No. PW06-13 RECOMMENDATION: 8.1 Approve an agreement in the amount of $57,918.70 with Caltrans, District 8, to install 9 freeway signs along Interstate 15 adding the name Temecula Parkway; and authorize the Mayor to sign the agreement. 9 Amendment to Contract with Mever & Associates for the TCC ExDansion RECOMMENDATION: 9.1 Approve the first amendment to the agreement with Meyer & Associates in the amount of $70,052.50, plus 10% contingency of $7,005.00. CONSENT CALENDAR ITEM NO. 10 CONTINUED TO THE JULY 24.2007. CITY COUNCIL MEETING 10 Amendment NO.2 to CooDerative Aareement with Friends of the T emecula Children's ~useun:! RECOMMENDATION: 10.1 Approve Amendment No.2, extending the term of the agreement to June 30, 2010, to the Cooperative Agreement with the Friends of the Temecula Children's Museum for the operation of the museum gift shop. RIMinutesl071 007 3 11 Aareement for DUI Drua and Alcohol Screenina RECOMMENDATION: 11.1 Approve the Agreement for Consultant Services between the City of Temecula and Bio-Tox Laboratories for DUI Drug and Alcohol Screening in the amount of $8,000 for fiscal year 2006-07, and $42,000 for fiscal year 2007-08, for a total amount of $50,000. 12 Agreement for Architectural Consultina Services between the Citv of Temecula and Roaer Cantrell (Contract Extension) RECOMMENDATION: 12.1 Approve a Contract with Roger Cantrell for architectural plan review services in the amount of $120,000.00 for fiscal year 2007-08. 13 Formation of a Citv Council Transit Sub-Committee RECOMMENDATION: 13.1 Appoint Council Members Roberts and Comerchero to the City Council Transit Subcommittee in an effort to focus on improving commuter transit opportunities between the Temecula Valley and north San Diego County. MOTION: Council Member Comerchero moved to approve the Consent Calendar subject to the continuation of Item NO.1 O. Council Member Roberts seconded the motion and electronic vote reflected aooroval with the exceotion of Mayor Pro Tem Naggar who was absent. At 7:20 p.m. the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:34 p.m. the City Council resumed with regular business. CITY MANAGER REPORT No additional comments. CITY ATTORNEY REPORT With regard to Closed Session, City Attorney Thorson advised that the City Council gave direction to staff with regard to a real estate matter, noting that when the negotiations are complete, the matter will be forwarded to the City Council for approval of the purchase agreement in Open Session. RIMinutesl071 007 4 ADJOURNMENT At 7:35 p.m. the City Council meeting was formally adjourned to Tuesday, July 24, 2007, at 5:30 P.M., for a Closed Session with regular session commencing at 7:00 p.m. in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] RIMinutesl071 007 5 I~-- . , II ITEM NO.3 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager V /JIZ (J(0 CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: Genie Roberts, Director of Finance DATE: July 24, 2007 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Yonker, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: Resolution List of Demands RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $4,352,939.48. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day ofJu Iy, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of July, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 07/05/2007 TOTAL CHECK RUN: $ 138,574.21 07/12/2007 TOTAL CHECK RUN: 3,680,496.18 07/12/2007 TOTAL PAYROLL RUN: 533,869.09 TOTAL LIST OF DEMANDS FOR 07/24/2007 COUNCIL MEETING: $ 4,352,939.48 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 2,523,058.48 165 RDA LOW /MOD - 20% SET ASIDE 14,475.01 190 TEMECULA COMMUNITY SERVICES DISTRICT 427,291.36 192 TCSD SERVICE LEVEL B 176.94 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 86,669.13 194 TCSD SERVICE LEVEL D 1,284.88 196 TCSD SERVICE LEVEL "L" LAKEPARKMAINT. 11,773.81 197 TEMECULA LIBRARY FUND 18,067.31 210 CAPITAL IMPROVEMENT PROJECTS FUND 600,884.24 280 REDEVELOPMENT AGENCY - CIP PROJECT 17,87306 300 INSURANCE FUND 3,085.28 310 VEHICLES FUND 191.43 320 INFORMATION SYSTEMS 48,798.34 330 SUPPORT SERVICES 23,235.79 340 FACILITIES 42,136.33 460 CFD 88-12 DEBT SERVICE FUND 69.00 $ 3,819,070.39 001 GENERAL FUND $ 324,328.50 165 RDA LOW/MOD - 20% SET ASIDE 5,211.59 190 TEMECULA COMMUNITY SERVICES DISTRICT 152,393.75 192 TCSD SERVICE LEVEL B 156.38 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 6,431.82 194 TCSD SERVICE LEVEL D 1,004.88 196 TCSD SERVICE LEVEL "L" LAKEPARKMAINT. 706.08 197 TEMECULA LIBRARY FUND 57.07 280 REDEVELOPMENT AGENCY - CIP PROJECT 3,297.1 0 300 INSURANCE FUND 1,325.85 320 INFORMATION SYSTEMS 28,105.94 330 SUPPORT SERVICES 3,318.65 340 FACILITIES 7,531.48 533,869.09 TOTAL BY FUND: $ 4,352,939.48 apChkLst Final Check List Page: 1 07/0512007 8:53:04AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 116968 07/05/2007 001104 ARMA Membership:S.Jones/G. Flores 440.00 440.00 116969 07/05/2007 000936 AMERICAN RED CROSS Misc supplies:aquatics prgrm 725.00 725.00 116970 07/05/2007 001561 ARCH WIRELESS Jun-Sept paging/rental svcs 279.12 279.12 116971 07/05/2007 003466 BASKET & BALLOONS TOO! coffee baskets:every 15 min pgrm 309.69 309.69 116972 07/05/2007 004040 BIG FOOT GRAPHICS TCSD instructor earnings 665.00 TCSD instructor earnings 210.00 875.00 116973 07/05/2007 001264 COSTCO WHOLESALE supplies:every 15 minutes pgrm 199.21 199.21 116974 07/05/2007 010650 CRAFTSMENT PLUMBING & plumbing svcs:Paloma del Sol Park 85.00 85.00 HVACINC 116975 07/05/2007 005431 DAVIS, BARBARA W FY 02/03 CFD 88-12 reimbursement 938.58 938.58 116976 07/05/2007 000523 EASTERN MUNICIPAL WATER new dvlpmt review: Civic Center 2,000.00 2,000.00 DIST 116977 07/05/2007 003747 FINE ARTS NETWORK Production:A Funny Thing Happened 5,913.44 5,913.44 116978 07/05/2007 003347 FIRST BANKCARD CENTER LEAGUE OF CALIF CITIES CW Regist:07Mayors Conf:7/25-28 470.00 DEEP SURPLUS CABLES TT Misc computer cables 226.15 PICK-UP STIX DU Refreshments:Plan Comm Mtg 157.40 SPELLWONDER.COM TT Web Site Spell Ck 1 yr license 149.95 PAT & OSCARS RESTAURANT DU Refreshments:After-hrs Mtg 58.D7 TT Bank svc charges 35.00 1,096.57 116979 07/05/2007 000795 FRED PRYOR SEMINARS- Mgmt Skills 7/24 K.Simpkins Ontario 179.00 179.00 CAREERTRAC 116980 07/05/2007 000186 HANKS HARDWARE INC Hardware supplies: PW Maint 1,595.99 1,595.99 116981 07/05/2007 007618 HOT AUGUST NIGHT Community Concert 7/12107 1,200.00 1,200.00 Page:1 apChkLst Final Check List Page: 2 07/0512007 8:53:04AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 116982 07/05/2007 006914 INNOVATIVE DOCUMENT copier maintlrepair/usage:citywide 6,126.33 6,126.33 SOLUTIONS 116983 07/05/2007 004546 KING, JIM Entertainment: CRC 7/5/07 1,400.00 1,400.00 116984 07/05/2007 004412 LEANDER, KERRY D. TCSD instructor earnings 3,222.45 3,222.45 116985 07/05/2007 011129 MIDDLECAMP, TAMRA Reimb:ICSC Conf:5/18-24:NV 521.51 521.51 116986 07/05/2007 001171 ORIENTAL TRADING COMPANY Misc supplies:4th of July parade 98.92 98.92 INC 116987 07/05/2007 000249 PETTY CASH Petty Cash Reimbursement 511.23 511.23 116988 07/05/2007 009161 POLETTI, GUSTAVO TCSD Instructor Earnings 63.00 63.00 116989 07/05/2007 004519 PYRO SPECTACULARS INC Fireworks display:4th of July 15,750.00 15,750.00 116990 07/05/2007 004529 QUAID TEMECULA HARLEY- May Police motorcycles repair/maint 3,263.06 3,263.06 DAVIDSON 116991 07/05/2007 004029 R J M DESIGN GROUP INC Ldscp design:redhawk park implY 1,028.27 1,028.27 116992 07/05/2007 002176 RANCHO CALIF BUS PK ASSOC Jul-Sep bus.park assoc.dues:Diaz Rd 1,751.72 Jul-Sep bus.park assoc.dues:City Hall 1,273.98 Jul-Sep bus.park assoc.dues:Field Op 1,051.03 4,076.73 116993 07/05/2007 002072 RANCHO CALIF WATER DIST- plan check fee:Habitat for Humanity 1,500.00 1,500.00 FEES 116994 07/05/2007 000262 RANCHO CALIF WATER DISTRICT Jun 01-02-98010-0 Fire Stn 84 466.63 June 01-04-10033-2 Margarita Rd 51.77 Jun 01-02-98000-0 Fire Stn 84 13.17 531.57 116995 07/05/2007 000907 RANCHO TEMECULA CAR WASH May City vehicles detailing svcs 262.50 262.50 116996 07/05/2007 004857 RHINO LININGS OF RIVERSIDE Vehicle Bed Liner:Fire Prevention 350.00 350.00 116997 07/05/2007 000353 RIVERSIDE CO AUDITOR May 07 parking citation April 07 parking citation 11,923.94 10,925.75 22,849.69 Page2 apChkLst Final Check List Page: 3 07/0512007 8:53:04AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 116998 07/05/2007 000406 RIVERSIDE CO SHERIFFS DEPT RY 06/07 Field Training Svcs 32,684.80 32,684.80 116999 07/05/2007 004907 RIVERSIDE CO 1/1/07-3/31/07 Svc:Frwy Strategic Study 528.84 528.84 TRANSPORTATION 117000 07/05/2007 001365 RIVERSIDE COUNTY OF MSU permits:Theater/Library 788.00 788.00 117001 07/05/2007 006365 RUBIN, STEVEN P. TCSD Instructor Earnings 1,176.00 1,176.00 117002 07/05/2007 000537 SO CALIF EDISON June 2-00-397-5042 City Hall 8,294.31 June 2-00-397-5067 various mtrs 1,669.05 June 2-29-223-8607 Old Twn PED 1,609.97 June 2-20-817-9929 Police aT Stn 352.55 11,925.88 117003 07/05/2007 001212 SO CALIF GAS COMPANY Jun 095-167-7907-2 Fire Stn 84 182.35 Jun 101-525-1560-6 Fire Stn 73 95.59 277.94 117004 07/05/2007 001972 STANLEY R HOFFMAN May Fiscal Study:Sphere Of Influence 6,975.00 6,975.00 ASSOCIATES 117005 07/05/2007 000305 TARGET BANK BUS CARD Cultural Arts recreation supplies 397.D7 office supplies:PW Depts 363.95 Misc supplies:Every 15 Minute pgrm 260.41 Misc supplies:F.I.T. pgrm 239.52 Hospitality supplies:Theater 165.67 recreation supplies:Teen prgms 161.58 Misc supplies:Skate Park 149.45 Hospitality supplies:Theater 108.61 Misc supplies:SMART pgrm 107.21 Misc supplies:SMART pgrm 69.02 Misc supplies:Every 15 Minute pgrm 38.70 2,061.19 117006 07/05/2007 000307 TEMECULA TROPHY COMPANY Plaque: field recognition PBSP 3,154.92 3,154.92 117007 07/05/2007 005970 TEMECULA VALLEY PLAYERS Parallel Lives theater prod. 6/21-23/07 1,092.50 1,092.50 117008 07/05/2007 010276 TIME WARNER CABLE July high speed internet CW 54.95 54.95 117009 07/05/2007 000325 UNITED WAY Balance of EE contributions 9.99 9.99 117010 07/05/2007 004261 VERIZON Jun xxx-5696 Sports Complex 33.07 Jun xxx-2676 general usage 33.07 Jun xxx-7786 C. Washington 31.76 97.90 Page:3 apChkLst 07/0512007 8:53:04AM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 117011 07/05/2007 010193 WOOLSTENHULME, LUCIA 117012 07/05/2007 000348 ZIGLER, GAIL Final Check List CITY OF TEMECULA (Continued) Description Amount Paid Page: 4 Check Total TCSD Instructor Earnings 69.30 69.30 285.14 138,574.21 Reimb:Team PACElYouth Master Plan 285.14 Grand total for UNION BANK OF CALIFORNIA: Page:4 apChkLst 07/0512007 8:53:04AM Final Check List CITY OF TEMECULA Page: 5 45 checks in this report. Grand Total All Checks: 138,574.21 PageS apChkLst Final Check List Page: 1 07/1212007 2:28:31 PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 886 07/0212007 003577 CALIF STATE BOARD OF Sales & Use Tax Retum Jan-Dec 06 45,272.56 45,272.56 887 07/1212007 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 10,226.46 10,226.46 888 07/1212007 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 7,373.92 7,373.92 NATIONWIDE RETIREMENT 889 07/1212007 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 122,088.91 122,088.91 RETIREMENT) 890 07/1212007 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 23,055.33 23,055.33 SOLUTION 891 07/1212007 000283 INSTATAX (IRS) Federal Income Taxes Payment 98,481.66 98,481.66 892 07/1212007 000444 INSTATAX (EDD) State Disability Ins Payment 24,305.12 24,305.12 893 07/1212007 000245 PERS - HEALTH INSUR PREMIUM PERS Health Admin Cost Payment 74,786.99 Blue Shield HMO Payment 0.00 74,786.99 117013 07/09/2007 002185 POSTMASTER Postage:Srvc L\II C Election Ballot 625.00 625.00 117014 07/10/2007 002185 POSTMASTER addl postage:addl docs-Svc L\II C ballots 1,687.38 1,687.38 117015 07/1212007 011008 E + C EQUIPMENT INC Gym Equipment:fire stn 92 24,973.24 24,973.24 117016 07/1212007 004594 2 HOT ACTIVEWEAR Activewear & uniforms: Police 558.15 Activewear & uniforms: Police 371.74 Activewear & uniforms: Police 413.76 Activewear & uniforms: Police 25.86 1,369.51 117017 07/1212007 003552 AFLAC AFLAC Cancer Payment 2,981.16 2,981.16 117018 07/1212007 004973 ABACHERLI, L1NDI TCSD instructor earnings 840.00 840.00 117019 07/1212007 000434 ACCELA.COM User Cf Garden Grove:Harris/Ball 1,798.00 1,798.00 117020 07/1212007 000434 ACCELA.COM User Cf Garden Grove M.Amezcua 899.00 899.00 117021 07/1212007 010851 ADAMIAK, DAWN Reimb:umbrellas 4th July Parade 239.63 239.63 Page:1 apChkLst Final Check List Page: 2 07/1212007 2:28:31 PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 117022 07/1212007 003679 AEI CASC ENGINEERING May permit review: PW 19,737.34 19,737.34 117023 07/1212007 003859 ALL ABOUT SELF STORAGE Storage Units G702/C332:TCSD 284.00 284.00 117024 07/1212007 000747 AMERICAN PLANNING Mb:APAlCIES 07/08 Damko,C 265.00 265.00 ASSOCIATION 117025 07/1212007 008279 AMERICOMP IN FOSYSTEMS INC misc computer equip: IS Library 193.95 misc computer equip: IS Library 87.28 281.23 117026 07/1212007 005772 AMTEK INC Cellular Accessories: City Staff 183.46 183.46 117027 07/1212007 000101 APPLE ON E INC Temp Help ppe 6/16 Knorr, M 232.81 232.81 117028 07/1212007 001323 ARROWHEAD WATER INC Bottled wtr svcs: Skate Park 8.61 Bottled wtr svcs: Ch Museum 36.51 Bottled wtr svcs: Theater 23.76 Bottled wtr svcs: TV Museum 35.47 Bottled wtr svcs: CRC 98.35 Bottled wtr svcs: Maint Facility 203.60 Bottled wtr svcs: TCC 10.65 Bottled wtr svcs: City Hall 42.01 Bottled wtr svcs: TES Pool 43.75 Bottled wtr svcs: Smart Program 221.66 Bottled wtr svcs: Library 137.67 Bottled wtr svcs: City Hall 275.41 Bottled wtr svcs: Aquatics 35.95 1,173.40 117029 07/1212007 005335 ARTIST TOUCH STUDIO framing svcs bus.articles:EcnDev 499.62 poster framing:cultural arts pgrm SOO.OO office framing svcs: Johnson, B 467.01 1,466.63 117030 07/1212007 003203 ARTISTIC EMBROIDERY Promo t-shirts:4th of July parade 1,492.34 1,492.34 117031 07/1212007 003376 ARTS COUNCIL, THE Community cultural arts grant 10,000.00 10,000.00 117032 07/1212007 006209 ASSOCIATION OF CHILDREN'S Annual Membership:Robin Gilliland 775.00 775.00 117033 07/1212007 002648 AUTO CLUB OF SOUTHERN Mb:077080614 Osvold, H 47.00 47.00 CALIF 117034 07/1212007 006594 B B K PERFORMANCE INC Refund: MSHCP fee 5.00 5.00 Page2 apChkLst Final Check List Page: 3 07/1212007 2:28:31 PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 117035 07/1212007 001168 BANK OF AMERICA FY 05/06 cfd 88-12 reimbursement 2,275.26 2,275.26 117036 07/1212007 010806 BARNEYS TIRE AND WHEEL vehicle maint:fire prevention 482.16 482.16 117037 07/1212007 003466 BASKET & BALLOONS TOO! promotional baskets:econ dev 76.94 promotional baskets:econ dev 26.16 103.10 117038 07/1212007 003221 BEAL, KELLI Reimb:DCC Conf:6/25-28:TN 204.56 204.56 117039 07/1212007 011142 BEARDSHEAR, SARAH Employee Computer Purchase Pgm 1,943.49 1,943.49 117040 07/1212007 002381 BEAUDOIN, LINDA Retirement Medical Payment 719.20 719.20 117041 07/1212007 004040 BIG FOOT GRAPHICS graphic design logos: TCSD 350.00 350.00 117042 07/1212007 004262 BIO-TOX LABORATORIES DUI drug & alcohol screening:Police 413.55 DUI drug & alcohol screening:Police 439.50 853.05 117043 07/1212007 011157 BREWSTER, MITCH lost material: 1001 Things 26.95 26.95 117044 07/1212007 011146 BRITTON, DANIEL Refund:Security Deposit CRC 6/22 150.00 150.00 117045 07/1212007 003222 BROCKMEIER, CAROL Retirement Medical Payment 719.20 719.20 117046 07/1212007 000128 BROWN & BROWN OF CALIF INC Ins Policy Renewal 7/1/06-7/1/07 92.00 92.00 117047 07/1212007 002103 CA P 10 CAPIO Mb: Middlecamp, Tamra 175.00 175.00 117048 07/1212007 009082 C B C TECHNICAL INC Tape supplies: Theater 502.33 Misc supplies: Theater 133.04 635.37 117049 07/1212007 002363 CCPOA Crime Prevention: CSO L.Salazar 30.00 30.00 117050 07/1212007 003138 CAL MAT PW patch truck materials 218.56 PW patch truck materials 646.94 PW patch truck materials 644.99 PW patch truck materials 224.77 PW patch truck materials 649.52 PW patch truck materials 774.94 PW patch truck materials 257.74 PW patch truck materials 671.82 4,089.28 Page:3 apChkLst Final Check List Page: 4 07/1212007 2:28:31 PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 117051 07/1212007 003769 CAL OLYMPIC GLOVE & SAFETY Equipment:fire stn 73 2,116.93 2,116.93 CO 117052 07/1212007 005384 CALIF BAGEL BAKERY & DELI refreshments:pw budget mtg 42.50 42.50 117053 07/1212007 001054 CALIF BUILDING OFFICIALS Code Acdmy trng:bldg inspctrs 1,485.00 Code Acdmy Rcho Brndo:Jensen,R 300.00 1,785.00 117054 07/1212007 006614 CALIF CITY MANAGEMENT CCMF membership: Nelson, Shawn 375.00 375.00 117055 07/1212007 010349 CALIF DEPT OF CHILD SUPPORT Support Payment case # DF099118 25.00 25.00 117056 07/1212007 004248 CALIF DEPT OF JUSTICE- Apr drug/alcohol analysis:Police 1,470.00 1,470.00 ACCTING 117057 07/1212007 000933 CALIF DEPT OF Install 9 signs 1-15:Temecula Pkwy 57,918.70 57,918.70 TRANSPORTATION 117058 07/1212007 000152 CALIF PARKS & RECREATION MB:004842 07/08 McCarthy,C 125.00 SOC Mb:024449 07/08 Harrington, K 125.00 Mb:014371 07/08 Pelletier, Julie 130.00 Mb:019942 07/08 Parker, Herman 415.00 795.00 117059 07/1212007 002520 CALIF T'S SCREEN PRINTING screenprinting svcs:smart prgm 649.08 649.08 117060 07/1212007 004228 CAMERON WELDING SUPPLY Helium tanks rental/refill:TCSD 39.40 39.40 117061 07/1212007 004971 CANON FINANCIAL SERVICES, July Copier Lease: Citywide 4,744.84 4,744.84 INC 117062 07/1212007 008644 CANTRELL, ROGER, AlA, AICP May archtl plan review:Planning 955.00 955.00 117063 07/1212007 000387 CAREER TRACK SEMINARS #59182 Bus. Writing:Simpkins, K 89.00 89.00 117064 07/1212007 010434 CATERERS CAFE refreshments litigation mtg: CM 148.31 148.31 117065 07/1212007 009539 CHARLES ABBOTT ASSOCIATES May plan ck svcs:fire prevention 1,226.55 1,226.55 INC 117066 07/1212007 005417 CINTAS FIRST AID & SAFETY First aid supplies: Maint Facility 73.30 First aid supplies: PW 126.35 199.65 Page:4 apChkLst Final Check List Page: 5 07/1212007 2:28:31 PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 117067 07/1212007 002989 CLEAR IMAGE WINDOW window cleaning: library 1,768.00 1,768.00 CLEANING 117068 07/1212007 010955 CLEARCOMM radio rentals 7/4 parade: TCSD 435.00 435.00 117069 07/1212007 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 107.05 107.05 117070 07/1212007 000447 COMTRONIX OF HEMET Kenwood 800 MHZ Portable TK-480SK 3,791.72 3,791.72 117071 07/1212007 006303 CONDUIT NETWORKS, INC dep cable/security sys:field op ctr 58,335.05 58,335.05 117072 07/1212007 001264 COSTCO WHOLESALE misc supplies: Theater 275.13 275.13 117073 07/1212007 004524 CRAFCO INC-ABSOLUTE temp asphalt pot hole repairs:PW 1,230.51 1,230.51 ASPHALT 117074 07/1212007 010650 CRAFTSMENT PLUMBING & Plumbing svcs: MPSC 287.50 HVACINC Plumbing svcs: Theater 107.50 Plumbing svcs: Fire Stn 84 383.11 778.11 117075 07/1212007 010212 CREATIVE BUSINESS GRAPHICS Brochure: Theater programs 6,202.73 6,202.73 117076 07/1212007 009524 CREATIVE HANDS ART SCHOOL TCSD instructor earnings 378.00 TCSD instructor earnings 693.00 TCSD instructor earnings 63.00 1,134.00 117077 07/1212007 008758 CROSSROADS SOFTWARE INC Upgrade Crossroads System:PD 1,700.00 1,700.00 117078 07/1212007 008810 CROSSTOWN ELECTRICAL & May/Jun traffic camera maint:PW 2,990.00 2,990.00 DATA 117079 07/1212007 004408 CUB SCOUT PACK refund:security deposit crc 215/07 150.00 150.00 117080 07/1212007 003272 DAISYWHEEL RIBBON Plotter Paper and Ink: GIS 946.05 946.05 COMPANY INC 117081 07/1212007 001393 DATA TICKET INC May parking citation svcs:Police 3,644.25 3,644.25 117082 07/1212007 011161 DECKER, DANIEL Reimb:Adv Gang Invest Cf:4/29-5/3 132.98 132.98 PageS apChklst Final Check List Page: 6 07/1212007 2:28:31 PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 117083 07/1212007 011027 DEL RIO ENTERPRISE INC. concrete canst svcs:fire stn 73 7,650.00 7,650.00 117084 07/1212007 003945 DIAMOND ENVIRONMENTAL portable restrooms 7/4:0Id Tovvn 738.94 SRVCS portable restrooms 7/4:RRSP 2,428.92 3,167.86 117085 07/1212007 011148 DISTASI, ANN Refund: Del Mar Fair Excursion 10.00 10.00 117086 07/1212007 011149 DOUGLAS, MICHAEL Refund:Security Deposit CRC 11/7 400.00 400.00 117087 07/1212007 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: Planning 401.35 INC Fuel for City vehicles: PWfTCSD 173.20 Fuel for City vehicles: B&S 469.86 Fuel for City vehicles: Police 79.78 Fuel for City vehicles: PW Maint 1,922.92 Fuel for City vehicles: TCSD 1,595.93 Fuel for City vehicles: PWTraffic 35.51 Fuel for City vehicles: PW land Dv 612.82 Fuel for City vehicles: PWCIP 108.46 5,399.83 117088 07/1212007 001669 DUNN EDWARDS CORPORATION Graffiti pgrm supplies:pw maint 372.47 painting supplies: TCSD Parks 141.37 513.84 117089 07/1212007 002528 EAGLE GRAPHIC CREATIONS City mug for new employee: HR 19.40 19.40 INC 117090 07/1212007 000523 EASTERN MUNICIPAL WATER plan ck dep pw06-D7:Civic Ctr 2,000.00 2,000.00 DIST 117091 07/1212007 000161 EDEN SYSTEMS INC Training svcs: HR 150.00 150.00 117092 07/1212007 010977 EICHBERGER-HARNED, JOANNE Refund:Security Deposit CRC 5/10 150.00 150.00 117093 07/1212007 005692 ELMO, ANTHONY Retirement Medical Payment 719.20 719.20 117094 07/1212007 011150 EVENT TEAM, THE Refund:Security Deposit RRSP 6/25 150.00 150.00 Page:6 apChkLst Final Check List Page: 7 07/1212007 2:28:31 PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 117095 07/1212007 001056 EXCEL LANDSCAPE Jun Indscp maint: TCSD fac/Fire 8,336.11 Idscp impr: old town 335.55 Idscp rehab: old town 5,298.47 irrigation repairs: medians/parks 963.17 irrigation repairs: medians/parks 225.00 irrigation repairs: slop es 128.85 irrigation repairs: slop es 733.51 drainline:paloma del sol park 1,720.00 replace fIowers:embassy suites 155.04 Idscp implV: City Hall 380.29 Jun Indscp maint: medians 11,482.78 Jun Indscp maint:south slopes 41,021.18 Jun Indscp maint:sprts pks 44,371.22 Jun Indscp maint:north slopes 29,372.80 144,523.97 117096 07/1212007 010985 EXTEX INC misc supplies: SMART pgrm 321.36 321.36 117097 07/1212007 000478 FAST SIGNS park banners: smart program 1,003.71 beautification truck 10gos:Code Enf 379.36 Exhibit Signs:history museum 49.55 1,432.62 117098 07/1212007 000165 FEDERAL EXPRESS INC 5/29-6/14 express mail svcs 372.30 372.30 117099 07/1212007 000206 FEDEX KINKOS INC paper/office supplies: Cntrl Svcs 25.63 paper/office supplies: Cntrl Svcs 381.15 406.78 117100 07/1212007 010804 FEHR & PEERS ASSOCIATES May Old Town Pkg study:RDA 766.47 766.47 117101 07/1212007 008784 FIRE ENGINEERING Fire magazine 1yr:G.Everhart 29.95 29.95 117102 07/1212007 009484 FIRST AMERICAN REAL ESTATE Real estate svcs: PW 600.00 600.00 117103 07/1212007 000166 FIRST AMERICAN TITLE COMPANY Lot Bk Rpt:30532 Bridgeview Cr 75.00 lot book rpt:43122 Calle Veronica 75.00 150.00 Page:? apChkLst Final Check List Page: 8 07/1212007 2:28:31 PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 117104 07/1212007 003347 FIRST BANKCARD CENTER GRAINGER H P Refrigerator motor 264.45 U-HAUL CO. HP T.Museum moving truck rental 78.45 EXPEDIA.COM HP Hotel cancellation:G.de la Rosa -408.42 TOXCO INC. HP 5 pk Recycle Big Green Boxes 174.00 SO CAL CINEMAS H P Day Camp movie excurison 1,111.00 RED LOBSTER GY Refreshments:Trff Safety Mtg 51.83 CLAIM JUMPER RESTAURANT GY Refreshments: Union Mtg 62.63 COMFORT INN JC Hotel:NLCC Cf:6/13-16:CT 129.23 HERTZ RENT-A-CAR JC CarRentalNLCC Cf:6/13-16:CT 113.35 HYATT JC Hotel :NLCC Cf:6/13-16:CT 288.96 NORTHWEST AIRLlNES/KLM JC Airfare fees:NLCC Cf:6/13-16:CT 30.00 LINDBERGH PARKING SAN JC Airprt Prkg:NLCC Cf:6/13-16:CT 66.00 DIEGO ONTARIO AIRPORT RR Airprt Prkg:APTA Conf:6/2-7:Cnda 90.00 SHERATON HOTEL RR Hotel:APTA Conf:6/2-7:Cnda 1,461.60 RR Bank fees 43.84 DELTA AIRLINE INC JC Airfare:NLCC Cf:6/13-16:CT 627.60 LORTON DATA INC H P Outdoor Signs 421.32 SOUTH COAST WINERY, INC. HP Refund Dpst:Rental/Catering:2/27 -1,500.43 EXPEDIA.COM HP Airfare:SCAN NATOA Cf:BS/PR 563.04 SOUTH COAST CONTROLS, INC H P Time Clock parts:Harveston Prk 44.00 PA YPAL HP RegistSCAN NATOA Cf:BS/PR 250.00 RANCHO FORD LINCOLN HP Vehicle parts:mirror asy 143.10 MERCURY PICK N PERSONALIZE, LLC GR Credit:Returned merchandise -23.76 GR Reverse bank charges -35.00 CALIF DEBT & INVESTMENT GR Refund:Overcharged -25.00 GR Credit Bank Charges -35.11 BUSTER'S BEACH HOUSE GR staff team bldg event 529.24 4,515.92 117105 07/1212007 010325 FORT DEARBORN LIFE Voluntary Supp Life Insurance Payment 759.90 759.90 Page:8 apChklst Final Check List Page: 9 07/1212007 2:28:31 PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 117106 07/1212007 011145 FOSTER, JILL C. TCSO Instructor Earnings 35.00 TCSO Instructor Earnings 35.00 70.00 117107 07/1212007 002982 FRANCHISE TAX BOARD Support Payment case # 452379267 75.00 75.00 117108 07/1212007 009097 FULL COMPASS SYSTEMS misc supplies: theater 301.63 301.63 117109 07/1212007 000172 GASB 2007 Assessment Support 500.00 500.00 117110 07/1212007 010326 G E 10NICS INC 01 tanks osmosis washer: Fire 21.55 Jun maint osmosis washer: Fire 50.00 71.55 117111 07/1212007 000173 GENERAL BINDING binding covers/combs: Cntrl Svc 75.00 CORPORATION binding/lamination supplies:Ctrl Svcs 1,981.27 2,056.27 117112 07/1212007 000177 GLENNIES OFFICE PRODUCTS Office supplies: Cntrl Svcs 848.45 INC Office supplies: PW land Ov 132.54 Office Supplies: TCSO Rec Pgms 397.65 Office supplies: HR 249.30 Office supplies: Finance 339.14 Office supplies: Library 95.72 Office supplies: Records 293.D7 Office supplies: City Clerk 247.63 misc event supplies:mpsclrec 408.52 Office supplies: B&S 385.48 Office supplies: Theater 170.80 3,568.30 117113 07/1212007 005947 GOLDEN STATE OVERNIGHT 6/1-15 express mail svc:Fire Prey 67.18 6/19-30 express mail svc:Fire Prey 38.72 105.90 117114 07/1212007 011151 GOLSTEIN, LAINIE Refund:Library Room Rental 6/24 140.00 Refund:Library Room Rental 6/14 140.00 280.00 117115 07/1212007 008361 GRAPE STOMPERS SQ DANCE TCSO instructor earnings 63.00 CLUB TCSO instructor earnings 59.50 TCSO instructor earnings 70.00 TCSO instructor earnings 56.00 TCSO instructor earnings 161.00 TCSO instructor earnings 311.50 721.00 117116 07/1212007 004670 GUARANTY FEDERAL BANK FY 04/05 cfd 88-12 reimbursement 4,530.48 4,530.48 117117 07/1212007 000378 HAFELI, THOMAS Reimb:OCC Conf:6/25-28:TN 440.97 440.97 Page:9 apChkLst Final Check List Page: 10 07/1212007 2:28:31 PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 117118 07/1212007 000186 HANKS HARDWARE INC Hardware supplies: Aquatics 5.25 Hardware supplies: Parks 438.65 Hardware supplies:Smart Prgm 365.23 Hardware supplies: B&S 16.98 Hardware supplies: Fire 855.14 Hardware supplies:TCSD/Fire 360.74 Hardware supplies: PW Maint 162.79 Hardware supplies: TCSD 1,406.11 Hardware supplies: Theater 32.39 Hardware supplies: Smart Pgm 52.15 Hardware supplies: TCSD Parks 482.14 Hardware supplies: Fire 833.32 Hardware supplies: CRC 15.43 Hardware supplies: B&S 38.71 Hardware supplies: Library 9.42 5,074.45 117119 07/1212007 011152 HARKSEN, BEATRICE Refund:Del Mar Fair Excursion 10.00 10.00 117120 07/1212007 001135 HEALTH POINTE MEDICAL pre-employment physicals: HR 445.00 GROUP INC pre-employment physicals: HR 25.00 pre-employment physicals: HR 100.00 pre-employment physicals: HR 458.00 1,028.00 117121 07/1212007 011153 HERRICK, WILLIAM C. Refund:grading dep 27416 Jefferson 65,000.00 65,000.00 117122 07/1212007 011154 HETZNER, RONALD Refund: fee overpayment 63.00 63.00 117123 07/1212007 010150 HIGH QUALITY PAINTING INC res implY pgm :paint ext-Kuipers 2,300.00 2,300.00 117124 07/1212007 007792 HINTON, BEVERLY L. TCSD instructor earnings 329.70 329.70 117125 07/1212007 011158 HOANG, DUC Refund:Andrew/Ethan Day Camp 420.00 420.00 117126 07/1212007 005748 HODSON, CHERYL A. Support Payment 13.02 13.02 117127 07/1212007 000963 HOGAN, DAVID Retirement Medical Payment 719.20 719.20 117128 07/1212007 010954 HORNBLOWER YACHTS INC Harbor Excurion 7/18:Smart Pgm 453.00 453.00 117129 07/1212007 003624 HOWELL, ANN MARIE Photography: Econ Dev 1,680.90 1,680.90 Page:10 apChkLst Final Check List Page: 11 07/1212007 2:28:31 PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 117130 07/1212007 010557 HULL, REX ANDREW Entertainment: Inti Jazz Festival 750.00 750.00 117131 07/1212007 001060 HYATT Accela Cf Garden Grove:M.Amezcua 877.48 877.48 117132 07/1212007 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 14,635.03 14,635.03 303355 117133 07/1212007 004833 IMPERIAL PAVING COMPANY INC repair paving parking lot:City Hall 20,000.00 20,000.00 117134 07/1212007 006914 INNOVATIVE DOCUMENT Canon fax/copier supplies:Ctrl Svc 874.34 SOLUTIONS copier/fax toner cartridges:Ctrl SVc 999.99 1,874.33 117135 07/1212007 006713 INTEGRATED MEDIA SYSTEMS Audio Visual Sys equip: Stn 84 3,878.86 Extron Amplifier w/Audio: IS 645.94 4,524.80 117136 07/1212007 001407 INTER VALLEY POOL SUPPLY pool sanitizing chemicals:crcltes 426.66 INC pool sanitizing chemicals:crcltes 185.33 pool sanitizing chemicals:crcltes 345.97 pool sanitizing chemicals:crcltes 437.34 1,395.30 117137 07/1212007 003296 INTL CODE COUNCIL Mb:06/07 IPC Plbg Insp Formoe, G 59.00 59.00 117138 07/1212007 003296 INTL CODE COUNCIL Mb:Class A Citrus Belt Harold, M 25.00 25.00 117139 07/1212007 010119 IRS-OIC Sup Pmt Offer # 1000497587 452379267 140.11 140.11 117140 07/1212007 001186 IRWIN, JOHN TCSD instructor earnings 504.00 TCSD instructor earnings 449.40 953.40 117141 07/1212007 003860 JOE'S SHEET METAL II repair utility boxes:medic vehicle 312.48 312.48 117142 07/1212007 003046 K FRO G 95.1 FM RADIO Broadcasting:St Painting Festival 1,002.00 1,002.00 117143 07/1212007 000820 K R W & ASSOCIATES Jun eng plan ck svcs: PW 1,960.00 1,960.00 117144 07/1212007 011147 KENNEDY, SHANNON L. Entertainment: Inti Jazz Festival 1,500.00 1,500.00 117145 07/1212007 001091 KEYSER MARSTON ASSOCIATES Jun real estate appraisals: rda 3,540.00 3,540.00 INC 117146 07/1212007 001282 KNORR SYSTEMS INC chemicals/pumps: crc pool 2,926.94 2,926.94 Page:11 apChkLst Final Check List Page: 12 07/1212007 2:28:31 PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 117147 07/1212007 007321 KOPP, JON R. (RANDY) install sound box: CRC 6,681.00 6,681.00 117148 07/1212007 011155 KOSTA, STEVE Refund: overpayment vendor fee 50.00 50.00 117149 07/1212007 000209 L & M FERTILIZER INC equip supplies: PW & Fire 982.80 982.80 117150 07/1212007 010569 L A CAD AutoCAD Conf 8/6-9 Becerra, W 1,200.00 1,200.00 117151 07/1212007 010120 L G C INLAND INC May geotech material svcs: PW 8,934.25 8,934.25 117152 07/1212007 006486 LAKE ELSINORE BALLET TCSD Instructor Earnings 297.50 FOLKLORIC TCSD Instructor Earnings 262.50 TCSD Instructor Earnings 245.00 805.00 117153 07/1212007 004412 LEANDER, KERRY D. TCSD instructor earnings 2,387.00 2,387.00 117154 07/1212007 009388 LETS GET PERSONAL Fire promo items:sister cities 1,185.25 1,185.25 117155 07/1212007 010656 LEUSCHEN, AI DEE TCSD Instructor Earnings 472.50 472.50 117156 07/1212007 003726 LIFE ASSIST INC medical supplies: paramedics 1,007.06 1,007.06 117157 07/1212007 004998 LINFIELD SCHOOL Refund:Security Depost RRSP 6/11 150.00 150.00 117158 07/1212007 004087 LOWES INC hardware supplies: Theater 10.62 10.62 117159 07/1212007 011156 LUJAN, PATRICIA Refund: overpayment vendor fees 75.00 75.00 117160 07/1212007 011112 LYON, MEGAN Refund:Security Deposit 6/24 150.00 150.00 117161 07/1212007 004776 M P SIGNS City vehicle lettering:Fire stn 73 350.00 350.00 117162 07/1212007 004141 MAINTEX INC custodial supplies:Old Town 690.62 690.62 Page:12 apChklst Final Check List Page: 13 07/1212007 2:28:31 PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 117163 07/1212007 004068 MANALlLI, AILEEN TCSD Instructor Earnings 169.75 TCSD Instructor Earnings 73.50 TCSD Instructor Earnings 169.75 TCSD Instructor Earnings 96.25 TCSD Instructor Earnings 190.75 TCSD Instructor Earnings 203.00 903.00 117164 07/1212007 001967 MANPOWER TEMPORARY temp help ppe 06/17 DC/MSlAC/l T 2,232.77 SERVICES temp help ppe 06/24 J.A.lM.S. 1,532.47 3,765.24 117165 07/1212007 002693 MATROS, ANDREA TCSD Instructor Earnings 45.50 TCSD Instructor Earnings 126.00 171.50 117166 07/1212007 003796 MEDIEVAL TIMES DINNER- Smr Day Camp excursion 6/28/07 2,109.00 2,109.00 TOURN. 117167 07/1212007 006571 MELODY'S AD WORKS reimb exp:Street Painting Festival 414.00 Jul Hot Summer Nights Campaign 4,500.00 4,914.00 117168 07/1212007 011166 MEN ERA, CLAUDIA refund:picnic shltr/Harv.Comm.Prk 140.00 140.00 117169 07/1212007 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 7,855.92 7,855.92 117170 07/1212007 007210 MIDORI GARDENS irrigation repairs:PBSP 5/17/07 1,946.25 Jun Idscp maintneighborhood parks 67,139.28 irrigation repairs:Vail Ranch Park 5/14 260.64 irrigation repairs:Serena Park 5/30 275.42 2 trees planted:Vail Ranch Park 6/20 160.00 Install plants:Veteran's/Sam Hicks Parks 322.56 Idscp maint:Harveston lake 434.28 70,538.43 117171 07/1212007 008091 MILLMORE'S WAA CREW City vehicles detailing svcs:PW Depts 125.00 City vehicle detailing svcs:Planning 20.00 145.00 117172 07/1212007 001384 MINUTEMAN PRESS business cards:R. Johnson 116.96 letterhead stationery: city mgr office 383.11 500.07 117173 07/1212007 010103 MIRAN ENTERPRISES INC creditglass top/conference tbl:Library -454.30 fireplace glass doors/glass tbl tops:Libr 2,544.65 2,090.35 117174 07/1212007 010990 MOORE IACOFANO GOLTSMAN May consulting srvcs:youth master plan 9,527.05 9,527.05 INC 117175 07/1212007 007011 MORRIS MYERS MAINTENANCE Jun restroom janitorial svcs:Parks 5,955.00 5,955.00 117176 07/1212007 005872 MUNICIPAL INFO SYS ASSN OF M.I.S.A.C. mbrshp dues T.Thorson 240.00 240.00 CAL Page:13 apChkLst Final Check List Page: 14 07/1212007 2:28:31 PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 117177 07/1212007 000230 MUNIFINANCIAL Svc level C Election services 5,163.00 5,163.00 117178 07/1212007 010984 MURRIETA VALLEY FUNERAL Body Bags:Every 15 Minutes Prgm 223.94 223.94 HOME 117179 07/1212007 010168 MYERS & SONS HeWAY SAFETY barricade supplies:pw traffic div 2,494.20 2,494.20 INC 117180 07/1212007 002925 NAPA AUTO PARTS maint supplies:PW Maint Div 64.61 maint supplies:Paramedics 14.22 maint supplies:Paramedics 69.32 148.15 117181 07/1212007 005333 NATIONAL ASSOC CITIZENS- annual membership dues:Police CAP 175.00 175.00 PATROL 117182 07/1212007 000233 NELSON, SHAWN reimb:Jun Intemet srvcs 44.95 44.95 117183 07/1212007 010504 NEXTEL COMMUNICATIONS May 26-Jun 25 cellular usage/equip 1,359.72 Police cell phone usage/equip 131.41 1,491.13 117184 07/1212007 010244 NO LIMITS SILK SCREEN Sports awards:Sports Pgrm 1,039.22 Sports awards:Sports Pgrm 1,433.62 2,472.84 117185 07/1212007 002139 NORTH COUNTY TIMES Jun recruitment ads:human res. 617.70 Jun public ntcs:Pln/City Clerk 474.60 Jun Street Painting ads:RDA 994.19 advertising:every 15 min pgrm 1,412.83 3,499.32 117186 07/1212007 009570 o C B REPROGRAPHICS Dup blueprints:Pech.Pkwy Street Imprv 49.65 Map room copier toner supplies 570.84 Map room copier toner supplies 1,141.68 Map room copier toner add'l supplies 1,141.68 Dup blueprints:Pech. Pkwy Str ImplY 20.95 2,924.80 117187 07/1212007 003964 OFFICE DEPOT BUSINESS SVS white copy paper: Central Services 1,361.96 DIV misc office supplies:Cntrl Svc 370.18 misc office supplies:PD OT Storefront 498.26 2,230.40 117188 07/1212007 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 471.56 City Vehicle Repair/Maint SVcs 356.10 City Vehicle Repair/Maint SVcs 98.39 City Vehicle Repair/Maint SVcs 94.71 1,020.76 117189 07/1212007 001171 ORIENTAL TRADING COMPANY misc supplies: teen programs 218.09 INC misc supplies: SMART pgrm 720.51 938.60 117190 07/1212007 010547 PARKS, RON Retirement Medical Payment 719.20 719.20 Page:14 apChkLst Final Check List Page: 15 07/1212007 2:28:31 PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 117191 07/1212007 001320 PELLETIER, JULIE reimb:4th of July supplies 206.70 206.70 117192 07/1212007 001958 PERS LONG TERM CARE PERS Long Term Care Payment 300.92 300.92 PROGRAM 117193 07/1212007 000249 PETTY CASH Petty Cash Reimbursement 326.76 Petty Cash Reimbursement 263.75 590.51 117194 07/1212007 010510 PFF BANK & TRUST ret.lescrow:W.C.Fire Stn/R.C.Constr 31,947.96 31,947.96 117195 07/1212007 007484 PHILIPS MEDICAL SYSTEMS INC Cost share:AED's for TVUSD 32,669.80 Cost share:AED's for TVUSD 18,005.45 50,675.25 117196 07/1212007 000253 POSTMASTER Express Mail & Postal Svcs 61.40 61.40 117197 07/1212007 002185 POSTMASTER Srvc L\II C return ballots postage 1,325.00 1,325.00 117198 07/1212007 002185 POSTMASTER renew mailing permit #5:Cntrl Srvcs 175.00 175.00 117199 07/1212007 005820 PRE-PAID LEGAL SERVICES INC PrePaid Legal Services Payment 512.15 512.15 117200 07/1212007 010274 PREMIER COMMERCIAL BANK retention/escrow:79S Medians/Seador 53,101.43 retention/escrow:79S Medians/Seador -2,578.10 retention/escrow:79S Medians/Seador 2,008.39 52,531.72 117201 07/1212007 000254 PRESS ENTERPRISE COMPANY Jun recruitment ads:Human Resource 1,783.39 1,783.39 INC 117202 07/1212007 004529 QUAID TEMECULA HARLEY- Jun motorcycle maint srvcs:Police 1,013.42 1,013.42 DAVIDSON 117203 07/1212007 009748 R K R MEDIA ASSOCIATES INC Uniform shirts:T.Citizen Corp 1,991.88 1,991.88 117204 07/1212007 002072 RANCHO CALIF WATER DIST- Addt dept:PW01-11 Wolf Crk Stn 1,211.76 1,211.76 FEES 117205 07/1212007 000262 RANCHO CALIF WATER DISTRICT Various PWWater Meters 1,331.64 Various RDA Water Meters 64.64 Various Fire Water Meters 475.05 Various TCSD Water Meters 35,796.10 Jun 01-08-38009-0 Fire Stn 92 97.86 37,765.29 117206 07/1212007 002654 RANCHO FORD LINCOLN City vehicle maint srvcs:Code Enf 31.53 31.53 MERCURY Page:15 apChkLst Final Check List Page: 16 07/1212007 2:28:31 PM CITY OF TEMECUlA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 117207 07/1212007 000907 RANCHO TEMECUlA CAR WASH Jun City vehicles detailing svcs 252.00 252.00 117208 07/1212007 007122 REDHAWK COMMUNTIES, INC. Refund:Application fees/909370018 20.00 20.00 117209 07/1212007 004584 REGENCY LIGHTING electrical supplies:library 129.02 electrical supplies:library 18.16 electrical supplies:City facilities 2,005.88 2,153.06 117210 07/1212007 000526 REGENTS OF UNIVERSITY OF "Fund & Prgm Trans Prjts" 10130-31 G.B. 195.00 195.00 CALIF 117211 07/1212007 002110 RENTAL SERVICE equipment rental:PW Maint 27.51 27.51 CORPORATION 117212 07/1212007 004498 REPUBLIC INTELLIGENT Traffic signal LED Ughts:PW 6,654.33 Reinstall sign:79S1Ave.de Missionas 414.00 7,068.33 117213 07/1212007 002412 RICHARDS WATSON & GERSHON May 2007 legal services 131,637.15 131,637.15 117214 07/1212007 000268 RIVERSIDE CO HABITAT Jun '07 K-Rat payment 390.00 390.00 117215 07/1212007 000406 RIVERSIDE CO SHERIFFS DEPT 3/29 - 4/25/07:law enforcement 1,229,899.35 1,229,899.35 117216 07/1212007 004907 RIVERSIDE CO 7/1/06-9/30/06 we Frwy strategic study 14,297.93 14,297.93 TRANSPORTATION 117217 07/1212007 001365 RIVERSIDE COUNTY OF mold/indoor air quality assmnt Stn 73 1,522.86 1,522.86 117218 07/1212007 000271 ROBERT BEIN VVM FROST & Apr profsrvcs:I-15179S Ult. Intrchg 5,670.25 5,670.25 ASSOC 117219 07/1212007 010203 ROBERT CLAPPER CONST May prgs #9:W.C.Fire Stn pw01-11 319,479.66 SRVCSINC ret.w/h pmt# 9:W.C. Fire stn pw01-11 -31,947.96 287,531.70 117220 07/1212007 001309 RUSE, PHYLLIS Reimb: SCANTOA Conf:5/23:CA 42.58 42.58 117221 07/1212007 000277 S & S ARTS & CRAFTS INC misc supplies:tiny tot pgrm 300.65 misc supplies:tiny tot pgrm 248.30 misc supplies:youth activities pgrm 696.16 misc supplies:teen pgrm 315.89 1,561.00 117222 07/1212007 001942 S C SIGNS May-Jun public ntc sign posting:Pln 1,360.00 1,360.00 Page:16 apChkLst Final Check List Page: 17 07/1212007 2:28:31 PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 117223 07/1212007 009196 SACRAMENTO THEATRICAL eq ui p/sup pi i es:Th eater 4,043.78 LIGHTING misc supplies:theater 850.27 4,894.05 117224 07/1212007 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 1,131.31 1,131.31 117225 07/1212007 006815 SAN DIEGO, COUNTY OF Support Payment acct # 581095025 12.50 12.50 117226 07/1212007 009980 SANBORN, GWYN entertainment Smr Concert Series 7/19 1,800.00 1,800.00 117227 07/1212007 011169 SCHWARTZ, SANDRA refund:room rental/Library Apr/May 140.00 140.00 117228 07/1212007 010089 SECURITAS SECURITY SRVCS 6/15-21/07 security svcs:Fire Stn 95 1,040.24 USA 6/8-14/07 security svcs:Fire Stn 95 1,160.58 2,200.82 117229 07/1212007 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment LO File # 2005033893 150.00 150.00 117230 07/1212007 004609 SHREDFORCE INC 6/15 doc.shredding svcs:PD OT Stn 32.50 Jun doc.shredding svcs:Rcrds Mgmt 110.00 Jun doc.shredding svcs:CRC 22.50 Jun doc.shredding svcs:PD Mall Stn 24.00 6/22 doc.shredding svcs:PD OT Stn 32.50 221.50 117231 07/1212007 009746 SIGNS BY TOMORROW 2 reclaimed water signs for landscape 215.98 vehicle identity signs:4th of July 662.66 878.64 117232 07/1212007 011165 SMALL, REMEDIOS refund:sec.depositlCRC 06/23/07 87.00 87.00 117233 07/1212007 000645 SMART & FINAL INC refreshments:youth activities pgrm 117.63 misc supplies:Team PACE events 80.03 F.IT Program supplies 139.36 Misc supplies: Teen program 134.49 misc supplies:cultural arts pgrm 280.62 misc supplies:teen pgrm 294.96 refreshments:youth activities pgrm 241.45 1,288.54 117234 07/1212007 003477 SMITH, BARBARA Reimb: SCANTOA Conf:5/23:CA 126.81 126.81 117235 07/1212007 000824 SO CALIF ASSN OF FY07-08 City membership dues 7,825.00 7,825.00 GOVERNMENTS Page:17 apChkLst Final Check List Page: 18 07/1212007 2:28:31 PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 117236 07/1212007 000537 SO CALIF EDISON Jul 2-28-583-2937 Hwy-79 PED 17.59 Jul 2-29-479-2981 Hwy 79S 9.46 Jul 2-05-791-8807 various mtrs 9,307.37 Jul 2-02-351-5281 CRC 8,672.01 Jun 2-29-458-7548 WolfCrk PED 130.66 Jun 2-29-295-3510 Wolf Vlly 85.75 Jun 2-27-805-3194 Theater 6,177.46 Jun 2-20-798-3248 C. Museum 1,804.79 Jun 2-02-502-8077 Maint Fac 2,112.49 Jun 2-28-629-0507 Library 10,219.25 38,536.83 117237 07/1212007 001212 SO CALIF GAS COMPANY Jun 091-085-1632-0T.E.S. Pool 1,236.38 1,236.38 117238 07/1212007 005244 SOCIETY FOR HUMAN 10/1/07-9130/08 m brshp: B. Gutierrez 160.00 RESOURCE MGM Mb:07/08 SHRM Lanier, 0 160.00 320.00 117239 07/1212007 002503 SOUTH COAST AIR QUALITY FY 06/07 AQMD fee:Fire stn 84 136.60 FY 06/07 AQMD fee:City Hall 136.60 FY 06/07 AQMD fee:CRC 136.60 409.80 117240 07/1212007 007851 SOUTH COAST HEATING & AIR HVAC repair & maint:CRC gym 245.00 HVAC repair:Fire Stn 84 591.00 836.00 117241 07/1212007 007906 SOUTHWEST CHRISTIAN refund:sec.depositlpicnic shltr 6/10/07 150.00 150.00 CHURCH 117242 07/1212007 005786 SPRINT May 26 - Jun 25 cellular usage/equip 9,255.31 9,255.31 117243 07/1212007 000293 STADIUM PIZZA INC refreshments:Team PACE event 267.20 267.20 117244 07/1212007 007762 STANDARD OF OREGON Mandatory Life Insurance Payment 10,816.21 10,816.21 117245 07/1212007 002015 STAR WAY PRODUCTIONS audio svcs:Jazz Festival 7/12-15/07 900.00 900.00 117246 07/1212007 002366 STEAM SUPERIOR CARPET inv.adj/carpet c1eaning:Fire Stn 84 20.00 CLEANING carpet c1eaning:Fire stn 84 528.00 548.00 117247 07/1212007 006145 STENO SOLUTIONS Jun transcription srvcs: Police 1,868.00 1,868.00 TRANSCRIPTION 117248 07/1212007 010956 STRESSFREE SLEEPING Furniture:Fire stn 92 6,482.07 6,482.07 Page:18 apChkLst Final Check List Page: 19 07/1212007 2:28:31 PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 117249 07/1212007 010215 T & T JANITORIAL Jun janitorial SIYcs:TCC 708.00 Jun janitorial sIYcs:MPSC 737.76 Jun janitorial sIYcs:Library 4,080.00 Jun janitorial SIYcs:C. Museum 912.00 Jun janitorial sIYcs:T.Museum 864.00 7,301.76 117250 07/1212007 003599 T Y L1N INTERNATIONAL 5/5/07-6/1/07 svcs:Rrpgh/Btrfld Bridges 6.72 6.72 117251 07/1212007 000305 TARGET BANK BUS CARD SRVCS misc supplies:youth activities pgrm 233.68 misc supplies:youth activities pgrm 111.30 misc supplies:youth activities pgrm 12.82 357.80 117252 07/1212007 001547 TEAMSTERS LOCAL 911 Union Dues Payment 5,276.00 5,276.00 117253 07/1212007 009500 TEMEC ELECTRONICS, INC Jun electrical supplies:parks 6.30 misc computer supplies:Library 68.22 74.52 117254 07/1212007 010679 TEMECULA AUTO City vehicle maint:Fire Prev 116.92 REPAIR/RADIATOR City vehicle maint:Fire Prev 254.18 City vehicle maint:Paramedics 96.93 468.03 117255 07/1212007 011057 TEMECULA COLLISION CENTER City vehicle maint:Code Enforcement 4,285.06 4,285.06 INC 117256 07/1212007 000168 TEMECULA FLOWER CORRAL Jun Sunshine Fund 272.45 272.45 117257 07/1212007 000307 TEMECULA TROPHY COMPANY PlaquelWall of Honor recogn:G.Thomhill 185.38 recreation supplies:Sports Prgm 580.77 766.15 117258 07/1212007 004873 TEMECULA VALLEY HISTORICAL refund:sec.depositlCRC 06/24/07 150.00 150.00 SOC 117259 07/1212007 000919 TEMECULA VALLEY UNIFIED Mar-Apr '07 City vehicles fuel usage 1,693.40 1,693.40 SCHOOL 117260 07/1212007 011164 TERRA MANOR, INC. refund:sec.depositlpicnic shltr 6/10/07 150.00 150.00 117261 07/1212007 000316 THORNHILL, GARY Retirement Medical Payment 571.55 571.55 117262 07/1212007 000319 TOMARK SPORTS INC Sports equip:PBSP 645.60 645.60 117263 07/1212007 011167 TOMAYO, EMILYN M. refun d : "Eleph ants"lI i b rary 19.94 19.94 Page:19 apChkLst Final Check List Page: 20 07/1212007 2:28:31 PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 117264 07/1212007 003031 TRAFFIC CONTROL SERVICE INC Jun street maint supplies:PW 2,691.76 2,691.76 117265 07/1212007 010417 TRI CITI ELECTRIC Add'llight installation:Library 33,683.14 33,683.14 117266 07/1212007 010347 TRIPLE THREAT ACADEMY Joseph/Dreamcoat prod.Thtr stlmnt 7,910.94 7,910.94 117267 07/1212007 004759 TWIN GRAPHICS City vehicle graphics:Police Units 511.81 511.81 117268 07/1212007 009501 U T P GROUP INC Temp help PPE 06/28 M.C.lH.M. 463.72 463.72 117269 07/1212007 007766 UNDERGROUND SERVICE ALERT Jun undrgrnd svcs alert tickets:PW 462.40 462.40 117270 07/1212007 008517 UNITED SITE SERVICES OF 6/21-7/18/07 fence rental:Main St Bridge 26.40 26.40 CA,INC 117271 07/1212007 000325 UNITED WAY United Way Charities Payment 73.00 73.00 117272 07/1212007 004261 VERIZON Jun xxx-3526 fire alarm 99.22 Jun xxx-0049 general usage 43.96 Jun xxx-9897 general usage 89.68 Jun xxx-1999 general usage 38.23 Jun xxx-5509 general usage 146.69 417.78 117273 07/1212007 004279 VERIZON CALIFORNIA INC. Jun-Jul access-(E05) CRC phone line 357.44 Jun-Jul access-(EQN) C. Mus.phone line 660.59 1,018.03 117274 07/1212007 009663 VERNON LIBRARY SUPPLIES INC RFID qtrly maint & support pmt:l.S.lLlBR 18,384.00 18,384.00 117275 07/1212007 010245 VILLA, DOLORES Retirement Medical Payment 557.10 557.10 117276 07/1212007 011168 VVARTENBERG,RUTH refund:sr excursion/Del Mar Fair 7/2 10.00 10.00 117277 07/1212007 010963 WATER PRODUCTS DIST INC Maint srvcs:Harveston Lake Park 2,266.84 2,266.84 117278 07/1212007 001342 VVAXIE SANITARY SUPPLY INC custodial supplies:T. Museum 4.53 custodial supplies:City facilities 1,037.29 1,041.82 117279 07/1212007 003730 WEST COAST ARBORISTS INC 6/1-15/07 Citywide tree maint svc:PW 684.00 684.00 Page20 apChkLst Final Check List Page: 21 07/1212007 2:28:31 PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 117280 07/1212007 000339 WEST PUBLISHING CORP 5/21-6/20/07 C.H. Law Library updates 213.36 213.36 117281 07/1212007 007949 WESTERN ARTS ALLIANCE Ann'l Cf 8/27-30/07 Portland,OR B.Beers 360.00 360.00 117282 07/1212007 002841 WESTERN OILFIELDS SUPPLY Irrigation rental:4th of July Fireworks 4,990.49 4,990.49 CO, DBA: RAIN FOR RENT 117283 07/1212007 000621 WESTERN RIVERSIDE COUNCIL Jun '07 TUMF Payment 434,807.88 434,807.88 OF 117284 07/1212007 008402 WESTERN RIVERSIDE COUNTY Jun '07 MSHCP payment 45,592.08 45,592.08 117285 07/1212007 002109 WHITE CAP INDUSTRIES INC Jun equipment:Fire Stn 84/PW Maint 831.25 831.25 117286 07/1212007 007588 WOLNICK, GLORIA reimb:DCH Auto Grp mtg supplies 7/9 75.12 75.12 117287 07/1212007 003776 ZOLL MEDICAL CORPORATION purchaselupgrd monitor:Medic Coord 18,371.38 18,371.38 117288 07/1212007 005195 ZOOLOGICAL SOCIETY Excursion:SMART pgrm 6/27 852.50 852.50 Grand total for UNION BANK OF CALIFORNIA: 3,680,496.18 Page21 apChkLst 07/1212007 2:28:31 PM Final Check List CITY OF TEMECULA Page: 22 284 checks in this report. Grand Total All Checks: 3,680,496.18 Page22 I~-- . , II ITEM NO.4 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager V 1112 (J(L, CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: Genie Roberts, Director of Finance DATE: July 24, 2007 SUBJECT: City Treasurer's Statement of Investment Policy PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: That the City Council adopt the Treasurer's Statement of Investment Policy as proposed by staff which provides safety, liquidity, compliance, and yield for City funds. BACKGROUND: Prior to the 2003-04 Budget Act, California Government Code Section 53646 required the Treasurer or Chief Fiscal Officer of California local governments to render an annual statement of investment policy and quarterly reports containing specified information regarding investments and deposits to the chief executive officer and the legislative body of the local agency. These requirements were intended to provide the legislative body the ability to meet its fiduciary obligations as a trustee and to increase the exposure of the public agency's investment activities to those outside the agency. Even though local governments are no longer mandated they are encouraged to render an annual statement of investment policy and quarterly reports. The attached Treasurer's Statement of Investment Policy conforms to the requirements and guidelines established by the California Municipal Treasurer's Association (CMT A) and the California Society of Municipal Finance Officers (CSMFO). The City of Temecula has a majority invested in the State of California Local Agency Investment Fund (LAIF). This investment is consistent with the City's investment policy that prioritizes safety and liquidity, while currently providing a favorable yield. While investing in LAIF remains a viable option for the City, staff continues to diversify the portfolio and manage investments in an effort to maximize returns while preserving our principal objective of protecting the City's treasury within the parameters of prudent risk management. The attached investment policy reflects certain technical changes from the previous policy adopted by the City Council on July 26, 2006, which include reference to additional governing statutes and minor corrections to descriptions of certain authorized investments to better conform to the language of the statutes. FISCAL IMPACT: ATTACHMENTS: None. Proposed Statement of Investment Policy CITY OF TEMECULA Investment Policy I INTRODUCTION: I The intent of this Investment Policy is to establish the limits within which the City's Investment Program shall be conducted. Investment goals and objectives are defined. Authorized investments and reporting requirements are identified. The City's Broker/Dealer Questionnaire is included. The monies entrusted to the City Treasurer will be referred to as the "Fund" throughout the remainder of this document. I OBJECTIVES: I The investment policies and practices of the City of Temecula are based upon State law and prudent money management. The primary goals of these policies include: 1. To protect the principal monies entrusted to this office. Safety of principal is the foremost objective of the City of Temecula. Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker-dealer default, or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk. Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing only with issuers whose financial strength and reputation can be verified to be the highest as rated by nationally known rating agencies, and by diversifying the investment portfolio so that the failure of anyone issuer would not unduly harm the City's cash flow. Market risk, the risk of market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by (a) structuring the portfolio so that securities mature earlier than or concurrent with the timing of major cash outflows, thus eliminating the need to sell securities prior to their maturity: (b) prohibiting the use of leverage and margin accounts: and (c) prohibiting the taking of short positions - that is, selling securities which the City does not own. It is explicitly recognized herein, however, that in a diversified portfolio, occasional measured losses are inevitable, and must be considered within the context of the overall investment return. 2. To provide sufficient liauiditv to meet normal operatina and unexpected expenditures. The portfolio will be structured with sufficient liquidity to allow the City to meet expected cash requirements. This will be accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands. Since all possible cash demands cannot be anticipated, the portfolio will maintain a liquidity buffer and invest primarily in securities with active secondary and resale markets. 3. To assure comoliance with all Federal. State. and Local laws aovernina the investment of monies under the control of the City Treasurer. The legal basis forthe City's investment activities is the City of Temecula Municipal Code, Chapter 3.04, Revenue and Finance, Fiscal Provisions Generally and Government Code Sections 5922, 16429.1, 53600 to 53609, and 53630 to 53686, which include parameters for authorized investments, report of investments and investment authority. Last Revised: July, 2007 ICity of Temecula INVESTMENT POLICY Page 21 4. To aenerate a maximum amount of investment income within the Darameters of Drudent risk manaaement and consistent with the above Dolicies. The City's investment portfolio shall be designed to attain a market-average rate of return through economic cycles. The market-average rate of return is defined as the average return on three- month U.S. Treasury bills. Whenever possible, and consistent with risk limitations and prudent investment principles, the Treasurer shall seek to augment returns above the market average rate of return. The policy will also address risk management because it is such an integral part of the investment policy. To concentrate only on maximizing return would be dangerous. Therefore, policy issues will be directed to: 1) limiting the Fund's exposure to each issue and issuer of debt, and 2) determining a minimum credit requirement that firms must have in order to hold City money. I SCOPE: This investment policy applies to all funds under the control of the City Treasurer, including but not limited to the general fund, special revenue funds, enterprise funds, debt service funds, capital improvement funds, trust funds and proceeds of bonds sale in the custody of the Treasurer and any other funds under his control. California Government Code Section 53601 (I) permits money from bond proceeds, obligations under a lease, installment sales or other agreements to be invested in any security that meets the statutory provisions governing the issuance of the bond or other agreements made by the issuing agency. Furthermore, California Government Code Section 5922(d) provides that notwithstanding any other provision of law, proceeds of bonds and any moneys set aside and pledged to secure payment of the bonds or certain other contracts specified in Section 5922, may be invested in securities or obligations described in the ordinance, resolution, indenture, agreement, or other instrument providing for the issuance of the bonds or the contract. I INVESTMENT AUTHORITY: I The City of Temecula Municipal Code delegates to the City Treasurer the authority to invest and reinvest moneys of the city, to sell or exchange securities, and to deposit them and provide for their safekeeping. The City Treasurer is responsible for daily management of the investment program, including: ,f Establishing procedures for operation consistent with the investment policy. ,f Approving daily investment transactions. ,f Developing projections of the City's cash requirements for operating needs. ,f Reviewing the liquidity position of the investment portfolio. ,f Ensuring that the City's cash position is consistent with operating requirements. ,f Preparing appropriate investment reports. ,f Developing, implementing and monitoring controls over investments. ,f Developing record keeping for investment transactions. The City Treasurer may delegate investment authority to qualified and competent officials and City employees such as the Finance Director, Assistant Finance Director, or Revenue Manager. All persons authorized to make investment decisions on behalf of the City are trustees of the public funds and therefore fiduciaries subject to the following prudent investor standard as defined in California Government Code Section 53600.3: Last Revised: July, 2007 ICity of Temecula INVESTMENT POLICY Page 31 When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law. I SAFEKEEPING OF SECURITIES: I To protect against potential losses by collapse of individual securities dealers, all securities owned by the City, including collateral on repurchase agreements, shall be held in safekeeping by a third party bank trust department, acting as agent for the City under the terms of a custody agreement executed by the bank and by the City. All securities will be received and delivered using standard delivery versus payment procedures (i.e., the City's safekeeping agent will only release paymentfor a security after the security has been properly delivered). This section is intended to comply with Government Code Sections 53601 and 53608. I REPORTING: I The City Treasurer shall render a monthly report to the City Manager and City Council showing the type of investment, issuing institution, selling institution, date of maturity, par and dollar amount of deposit, current market value for all securities, return on the City's investment portfolio expressed as an annual percentage rate, yield to maturity, cash flow information demonstrating that the City can meet its upcoming financial obligations, and such data as may be required by the City Council. The report shall also state its relationship to this statement of investment policy, as directed under the Code. The Treasurer shall annually submit a recommended updated Investment Policy to be reviewed and approved by the City Council. The City's investment reporting policy meets or exceeds the requirements of Section 53646 of the California Government Code. I QUALIFIED DEALERS: I The City shall transact investments only with banks, savings and loans, state-licensed investment security broker-dealers, the State of California Local Agency Investment Fund, or brokerage firms designated as primary government dealers by, and regularly reporting to, the New York Federal Reserve Bank. Investment staff shall investigate dealers who wish to do business with the City in order to determine if they are adequately capitalized, market securities appropriate to the City's needs, and are recommended by managers of portfolios similar to the City's. The City's BrokerlDealer Questionnaire (Attachment A) will be used in this investigation. The City shall at least annually send a copy of the current investment policy to all dealers approved to do business with the City. Confirmation of receipt of this policy shall be considered as evidence that the dealer understands the City's investment policies, and intends to show the City only appropriate investments. I AUTHORIZED INVESTMENTS: Investments shall be made in the context of the "prudent investor" rule, which states: "Investments shall be made with judgment and care, under circumstances then Last Revised: July, 2007 ICity of Temecula INVESTMENT POLICY Page 41 prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, notfor speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." The City is further governed by the California Government Code, Sections 5922, 16429.1, and 53600 et seq. Within the context of these limitations, the following investments are authorized, as further limited herein: United States Treasurv Bills. Bonds. and Notes. or those for which the full faith and credit of the United States are Dledaed for Davment of DrinciDal and interest. There is no limitation as to the percentage of the portfolio that can be invested in this category. Maturity is not to exceed the projected dates of the City's cash needs or five years, whichever is less. Obliaations issued bv the Federal Farm Credit Bank Svstem (FFCBI. the Federal Home Loan Bank Board (FHLBI. the Federal Home Loan Mortaaae Corporation (FHLMCI. the Federal National Mortaaae Association (FNMAI. and other United States aaencv obliaations with maturities of five vears or less. Although there is no percentage limitation on the dollar amount that can be invested in these issues, the "prudent investor" rule shall apply for a single agency name. Maturity is not to exceed the projected dates of the City's cash needs or five years, whichever is less. Bills of exchanae or time drafts drawn on and accepted bv a commercial bank. otherwise known as banker's acceptances. Banker's acceptances purchased may not exceed 180 days to maturity or40% of the market value of the portfolio. No more than 10% of the market value of the portfolio may be invested in banker's acceptances issued by any one bank. Commercial paper rankina of the hiahest letter and number ratina bv a nationallv recoanized statistical ratina oraanization (NRSROI. and issued bv a domestic corooration havina assets in excess of $500.000.000 and havina an "A-1" or better ratina on its lona-term debentures as provided bv a NRSRO. Purchases of eligible commercial paper may not exceed 15% of the market value of the portfolio. No more than 10% of the market value of the portfolio may be invested in commercial paper issued by any one corporation. The City may invest in no more than 10% of a single corporation. The City may invest in no more than 10% of a single corporation's commercial paper. Maturity is not to exceed 180 days. Neaotiable certificates of deposit issued bv nationallv or state-chartered banks or state or federal savinas and loan associations. Negotiable certificates of deposit (NCDs) differ from other certificates of deposit by their deposit liquidity. They are issued against funds deposited for specified periods of time and earn specified or variable rates of interest. NCDs are traded actively in secondary markets. When feasible, an independent trading service will be used as part of the evaluation process. Issuers must be rated "B" or better by Thomson Bank Watch or equivalent rating service, or rated A-1 for deposits by Standard & Poors, or P-1 for deposits by Moodys or comparably rated by a national rating agency. Transactions in NCDs shall not collectively exceed 30% of the total portfolio in effect immediately after any such investment is made. Repurchase Aareements. The City may invest in repurchase agreements with banks and dealers with which the City has entered into a master repurchase agreement which specifies terms and conditions of repurchase agreements. Transactions shall be limited to Last Revised: July, 2007 ICity of Temecula INVESTMENT POLICY Page 51 the primary dealers and the top banking institutions according to the rating agency based on liquidity, profitability, and financial strength. The maturity of repurchase agreements shall not exceed 30 days. The market value of securities used as collateral for repurchase agreements shall be monitored daily by the investment staff and will not be allowed to fall below 102% of the value of the repurchase agreement plus the value of collateral in excess of the value of the repurchase agreement. In order to conform with provisions of the Federal Bankruptcy Code which provide for the liquidation of securities held as collateral for repurchase agreements, the only securities acceptable as collateral shall be certificates of deposit, eligible bankers' acceptances, or securities that are direct obligations of, or that are fully guaranteed as to principal and interest by, the United States or any agency of the United States. No more than 50% of the portfolio may be invested in repurchase agreements, and a "perfected security interest" shall always be maintained in the securities subject to a repurchase agreement. Local Aaencv Investment Fund. The City may invest in the Local Agency Investment Fund (LAIF) established by the State Treasurer for the benefit of local agencies up to the maximum permitted by State law. Time DeDosits. As to the deposits of non-surplus funds, the City may invest in non- negotiable time deposits collateralized in accordance with the California Government Code (including, but not limited to, entering into a contract with the depository institution pursuant to California Government Code Section 53649) in those banks and savings and loan associations that meet the requirements for investment in negotiable certificates of deposit. Since time deposits are not liquid, no more than 15% of the portfolio may be invested in this category. The depository institution should have been in existence for at least five years. The City may waive the first $1 00,000 of collateral security for such deposits if the institution is insured pursuant to federal law. In order to secure the uninsured portions of such deposits, an institution shall maintain at least 10% in excess of the total amount deposited. Real estate mortgages may not be accepted as collateral. The maximum term for deposits shall be one year. In general, the depository institution must have a minimum 6% net worth to assets ratio or the minimum ratio established by the Comptroller of the Currency. The depository institution's operation must have been profitable during their last reporting period. Monev Market Funds. The City may invest in money market funds that invest solely in U.S. Treasuries, obligations of the U.S. Treasury, and repurchase agreements relating to such treasury obligations. To be eligible, the money market fund must have attained the highest ranking available as evaluated by a nationally recognized rating service and retained an investment advisor with not less than five years experience and that is registered with the SEC, and which advisor has assets under management in excess of $500 million. Except as otherwise noted, this list of authorized investments is intended to apply to the investment of all operating and surplus funds. The investment of bond proceeds shall be governed by the permitted investments as specified in the official statement for each bond issue. I INELIGIBLE INVESTMENTS: Investments not described herein, including, but not limited to, reverse repurchase agreements, mutual funds (other than money market funds), zero coupon bonds, inverse floaters, mortgage- derived securities, common stocks and corporate notes and bonds are prohibited from use in the City's investment portfolio. Last Revised: July, 2007 ICity of Temecula INVESTMENT POLICY Page 61 I SWAPPING OF SECURITIES: I A swap is the movement from one security to another and may be done for a variety of reasons, such as to increase yield, lengthen or shorten maturities, to take a profit, or to increase investment quality. The purchase transaction and the sale transaction must each be recorded separately and any losses or gains on the sale must be recorded. I PORTFOLIO ADJUSTMENTS: Should an investment percentage-of-portfolio limitation be exceeded due to an incident such as fluctuation in portfolio size, the affected securities may be held to maturity to avoid losses. When no loss is indicated, the Treasurer shall consider reconstructing the portfolio basing his or her decision, in part, on the expected length of time the portfolio will be unbalanced. I POLICY REVIEW: This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. The City Council shall be responsible for maintaining guidance over this investment policy to ensure that the City can adapt readily to changing market conditions, and shall approve any modification to the investment policy prior to implementation. I ETHICS AND CONFLICT OF INTEREST: I Officers and employees involved in the investment process shall refrain from personal business activity that conflicts with the proper execution of the investment program or impairs their ability to make impartial investment decisions. In addition, no funds shall be invested in negotiable certificates of deposit issued by, or non-negotiable time deposits under contract with a State or Federal credit union if a member of the City Councilor any person with investment decision making authority in the administrative office, manger's office, budget office, auditor-controller's office, or treasurer's office of the City also serves on the board of directors, or any committee appointed by the board of directors, orthe credit committee or the supervisory committee of the State or Federal credit union issuing the negotiable certificates of deposit or in which the non-negotiable time deposit is proposed to be deposited. Additionally, officers and staff involved in the investment of public funds are required to annually file a Fair Political Practices Commission Statement of Economic Interest form. Last Revised: July, 2007 CITY OF TEMECULA Broker/Dealer Questionnaire FIRM INFORMA TION Firm Name: Address: Phone No: ( ) Firm is (select one): D Broker D Dealer REPRESENTATIVE INFORMA TION Sales Representative: Title: Phone No: ( ) Supervising Representative: Title: Phone No: ( ) BUSINESS ST A TUSIHISTORY YES NO Is your firm a primary dealer in U.S. Government securities? 0 0 If yes, for how long? Are the following instruments regularly offered by your firm? T-Bills 0 0 T-Notes/Bonds 0 0 Banker's Acceptances (Domestic) 0 0 Banker's Acceptances (Foreign) 0 0 Commercial Paper 0 0 Certificates of Deposit 0 0 Medium Term Notes 0 0 Mutual Funds (eligible for public investment) 0 0 Agencies (please specify) 0 0 Have any of your firm's public sector clients sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of a financial instrument that was recommended by and purchased through your firm? (If yes, please explain on a separate sheet.) 0 0 Have any of your firm's public sector clients claimed, in writing, that your firm was responsible for any investment losses? (If yes, please explain on a separate sheet.) 0 0 Has your firm been subject to any litigation, arbitration or regulatory proceedings, either pending, adjudicated or settled, that involved allegations of improper, fraudulent, disreputable or unfair activities related to the sale of securities or to the purchase of securities from institutional clients? (If yes, please explain on a separate sheet.) 0 0 Has your firm been subject to a regulatory, state or federal agency investigation for alleged improper, fraudulent, disreputable, or unfair activities related to the purchase or sale of securities? (If yes, please explain on a separate sheet.) 0 0 What is the net capitalization of your firm? What are your wire and delivery instructions? TRADING PERSONNEL Please identify all personnel who will be trading with or quoting levels to the City of Temecula: NAME: TITLE: PHONE: #YRSW/FIRM Do each of the above individuals currently hold valid licenses to YES NO trade securities on behalf of the institution? 0 0 REFERENCES Please identify your most closely comparable governmental local agency clients in our geographical area: AGENCY: CONTACT: PHONE: # YRS CLIENT CERTIFlCA TION I hereby certify that I have personally read the City of Temecula's Investment Policy and the California Government Codes pertaining to the investments of the City of Temecula, and have implemented reasonable procedures and a system of controls designed to preclude imprudent investment activities arising out of transactions conducted between our firm and the City of Temecula's investment objectives, strategies and risk constraints whenever we are so advised. We pledge to exercise due diligence in informing the City Treasurer staff of all foreseeable risks associated with financial transactions conducted with our firm. We further pledge not to offer the City of Temecula any types of securities not authorized by both the City of Temecula's Investment Policy and California Law. I attest to the accuracy of our responses to your questionnaire. Additionally, all sales personnel will be routinely informed of your investment objectives, horizon, outlook, strategies, and risk constraints whenever we are so advised. We will notify you immediately by telephone and in writing in the event of material adverse change in our financial condition. The supervising officer agrees to exercise due diligence in monitoring the activities of other officers and subordinate staff members engaged in transaction with the City of Temecula. SIGNED: PRINTED NAME: TITLE: DATED: This section must be countersigned by the Managing Director or by the most senior person in charge of the government securities operations sections. SIGNED: PRINTED NAME: TITLE: DATED: I~-- . , II ITEM NO.5 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager V /JIZ CJG..- CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: Genie Roberts, Director of Finance DATE: July 24, 2007 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 88-12 (Ynez Corridor) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) BACKGROUND: The County of Riverside (the "County") established Community Facilities District No. 88-12 (the "District") in 1989 to finance the acquisition of a park site and improvements to Ynez Road, the Overland Drive overcrossing and other related public improvements. In 1992, the County issued special tax bonds forthe District in the principal amount of $18,325,000 (the "Bonds") to finance a portion of the improvements. Effective December 1, 1997, responsibility for the District was transferred from the County to the City. On May 12, 1998, the City Council approved a resolution authorizing the issuance of special tax refunding bonds. On June 25, 1998, special tax refunding bonds in the amount of $18,690,000 were issued. This refunding will result in savings in debt service costs of approximately$2.3 million over twenty years. The refunding bonds are special, limited obligations payable solely from special taxes levied on property in the District and moneys held under the refunding bond documents. The refunding bonds are in no way general obligations of the City. Each fiscal year a special tax is required to be levied in an amount to meet the total amount of principal and interest payable on the bonds, the estimated amount to be incurred for administrative expenses, and the amount necessary to replenish any reserve funds. This amount will be calculated and divided by the total number of acres of taxable property in the District. The resulting amount per acre will be multiplied by the number of acres in each parcel to produce the amount of the special tax for such parcel forthe fiscal year. The calculated special tax, calculated by the City's Special Tax Consultant, required to be levied for the 2007-08 fiscal year is $1,574,103.14. FISCAL IMPACT: year is $1,574,103.14. The calculated special tax required to be levied forthe 2007-08 fiscal ATTACHMENTS: Resolution No. 07-_ Cost Recovery Analysis RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City Of Temecula is the legislative body for Community Facilities District No. 88-12 (Ynez Corridor), created pursuant to the Mello- Roos Community Facilities District Act of 1982, as amended (the "Act"). Section 2. The Board of Supervisors of the County of Riverside has enacted Ordinance No. 690 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD Section 3. The City Council has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. 98-41 and County of Riverside Ordinance No. 690, there is to be levied an aggregate special tax of $1,574,103.14 on the parcels which comprise the CFD for Fiscal Year 2007-08 as set forth on a magnetic tape to be provided by NBS to the Auditor-Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by County of Riverside Ordinance No. 690, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. 98-41 and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 7. The Auditor-Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 88-12 (Ynez Corridor)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The City Clerk shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of July , 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of July, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA Community Facilities District No. 88-12 (Ynez Corridor) Fiscal Year 2007/08 Cost Recovery Analysis Description 2007/08 Amount 2006/07 Amount Incr Principal $895,00000 $850,00000 $45,00000 Interest 633 492.50 677 692.50 44200.00 Subtotal $1,528,49250 $1,527,69250 $800.00 Agency administrative costs $30,00000 $30,00000 $0.00 Trustee/Paying Agent costs 3,30000 3,30000 0.00 County collection fees(1) 187.20 290.00 (102.80) Arbitrage calculation costs 0.00 0.00 0.00 Continuing disclosure/dissemination 1,33250 1,25000 82.50 Sales Tax Admin 5,00000 5,00000 0.00 Administration costs 5,61000 5,50000 110.00 Administration expenses 150.00 500.00 (350.00) Other costs 0.00 0.00 0.00 Subtotal $45,57970 $45,840 00 ($260.30) Delinquency management charges $30.00 $0.00 $30.00 Manual adjustments 0.00 0.00 0.00 Construction Fund credit 0.00 0.00 0.00 Reserve Fund credit 0.00 0.00 0.00 Redemption Fund credit 0.00 0.00 0.00 Rounding adjustment 0.94 (344) 4.38 Subtotal $30.94 ($344) $34.38 Total Annual Levy $1,574,103.14 $1,573,529.06 $574.08 Coun A ortionment 2 $1,573,915.94 $1,573,239.06 Parcels levied 520 521 (1) Total Annual Levy will be reduced by the collection fee taken by the County Auditor-Controller. County collection charge was reduced to 36 cents per parcel for FY 2007/08. (2) Amount to be disbursed by Tax Collector if 100% collection is made. I Fund/Account I 6/30/07 Balance I 5/31/06 Balance I Notes I Special Tax Fund $0.00 $0.00 General Acct Imp. Fund 1,373,98353 0.00 Admin Expense Fund 0.00 366,20114 Delinquency Maintenance Fund 1,226,57453 Bond Fund 1,446,25236 1,169,83240 Reserve Fund 1,531,46876 1,531,47093 ITotal I $4,351,704.65 I $4,294,079.00 I I Levv Approval Signature Date I~-- . , II ITEM NO.6 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager V /JIZ (J(0 CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: Aaron Adams, Assistant City Manager DATE: July 24, 2007 SUBJECT: Approve the Sponsorship Request for the 2007 Temecula OnStage Event PREPARED BY: Gloria Wolnick, Marketing Coordinator RECOMMENDATION: That the City Council approve the event sponsorship agreement for actual city-support costs in the amount up to $6,135 for Temecula OnStage and authorize the Mayor to execute the following agreement. BACKGROUND: Staff has received a sponsorship requestforthe Temecula OnStage event. The City of Temecula has previously sponsored this event. The City of Temecula hosts a wide array of special events year-round all adding to its rich qualityof life. Residents and visitors look forward to attending these popular events each year and the events help make Temecula the unique community that it is. The Temecula OnStage event increases tourism revenue for the City's restaurants, hotels, shopping centers and wineries. Due to the fact that this special event promotes tourism in Temecula, the City support services would come from the General Fund's budget. There will be no commissions, consultant fees andlor salaries paid to any party from the City of Temecula's sponsorship. 2007 Temecula OnStaQe Staff has received a request from the Theatre Foundation to provide city support costs in the amount up to $6,135 for the Temecula OnStage event which will be held in Old Town Temecula on Saturday, September 1,2007. Specific locations in Old Town include: Main Street and the Bob & Jeanne Burns Courtyard atthe Old Town Community Theater. The porch of the Children's Museum will be utilized for the VIP area and the silent auction will take place in the Mercantile Building. This venue will require the closure of Main Street on Saturday, September 1, 2007. The street closure will be brought back to Council for separate action prior to the event. The area's top chefs and wine makers will be showcased along with a variety of performance arts including local musicians, vocalists, actors and dancers. Blood, Sweat and Tears will be the headliner entertainment for the event. Participating restaurants include: Baily's, Delytes, Gourmet Italia, Killarney's, Rosa's Cantina, The Forge, and Temecula Olive Oil Company. Participating wineries include: Callaway Coastal, Frangipani Estate Winery, Keyways, Leonesse Cellars, Palumbo FamilyVineyards, Ponte Family Estate, Rancho de Andallusia Vineyard & Winery, Stuart Cellars, Temecula Hills & Oak Mountain Winery, Wiens and Wilson Creek Winery. Temecula OnStage is expected to draw 500 guests. This event will serve as a fundraiser for the resident companies of the Old Town Temecula Community Theater. The promotional program will include mailed invitations, several e-mail blasts to residents, e-mail blasts through Ticketmaster, print advertising in the daily, weekly and monthly publications throughout the Inland Empire, radio advertising, direct mail through the Chamber newsletter and Theater Foundation Newsletter and an aggressive public relations campaign. 2006 Temecula OnStaae Hiahliahts The 2006 Temecula OnStage event had approximately 425 guests in attendance. Attendance was down from the previous year due to the extreme warm weather leading up to and including the event. This coupled with the decrease in sponsorship dollars and some unexpected expenses, the event, for the first time showed a loss of $6,500. For each of the other 4 years of this event, The Theater Foundation showed a net profit ranging from $7,500 to $17,000. Despite the financial results not being consistent with previous years, the organization is confident that with additional marketing and promotional efforts the event will succeed again. Participation for the 2006 event included local wineries and specialty food items were prepared and served by chefs from 6 local restaurants. Live musical entertainment was provided throughout the evening on two stages and in the Mercantile building. Performers included: Richard Street, former lead singer of the Temptations, Sounds of the Supremes, Michael Paulo, Aunt Kizzy'z Boyz and Joelle James. Comedian Ronnie Schell was part of the Temecula OnStage lineup at the Old Town Community Theater. Marketing and publicity for the 2006 event included: invitations, event flyers, direct mail to Theater Foundation list, print advertising in The Californian, The Press-Enterprise, Neighbors, and Entertainment Roundup. Radio advertising consisted of: KMYT, Q103.1, KATY and PSAs were distributed to KOLA, K-Earth, KSPA, and KHRM. In addition, 300,000 e-mail blasts were sent through Ticketmaster. Publications targeted included local and regional magazines, in-room publications, and other general interest magazines. FISCAL IMPACT: The city-support costs of $6,135 for Temecula OnStage are included in the FY 2007-08 Operating Budget of the various support departments. ATTACHMENTS: Temecula OnStaae Attachment A - Sponsorship Benefits Attachment B - Estimated City Support Services and Costs Attachment C - 2007 Event & Media Promotions Attachment D - 2006 Temecula OnStage Recap Attachment E - 2007 Sponsorship Agreement 2007 TEMECULA ONSTAGE Attachment A Sponsorship Benefits TEMECULA ONSTAGE Attachment A Premier Sponsorship Benefits (Level $10,000) Main Stage Signage Recognition Name & Logo - Front Cover of Program City Advertisement in Event Program City Logo on Event Tickets City Logo on Invitations City Logo on Event Flyers City Logo on Event Posters City Logo in The Press-Enterprise & Valley Business Journal Print Advertising Press Releases Internet Banner Link 10 Complimentary Tickets to Temecula OnStage Stage Mentions 2007 TEMECULA ONSTAGE Attachment B Estimated City Support Services and Costs TEMECUL.A ONSTAGE ATTACHMENT B Estimated City Support Services and Costs Based on the input from City departments we received estimated cost projections for the 2007 Temecula OnStage event. The following expenses can be anticipated for this event: Police: $2,200 Fire: $1,200 Public Works: $ 950 Community Services: $1 ,425 Code Enforcement: $ 360 TOTAL: $6,135 2007 TEMECULA ONSTAGE Attachment C Event & Media Promotions ENTERTAINMENT Blood Sweat & Tears Matthew Fagan Sherry Williams Michael Paulo Joelle James Jimmy Patton Quartet RESTAURAIII:rs '."5' Bally's \; Delyle's '."; JIi -(;<,1" Gourmet ltalia\ ";' Killamey.s ~i Rosa's Cantina The Forge Temecula Olive 011 CO. WINERIES Callaway Vineyard & Winery Frangipani Estate Winery Keyways Vineyard & Winery Leonesse Cellars Palumbo Family Vineyards & Winery Ponte Family Winery Rancho de Andallusia Vineyard & Winery Stuart Cellars Temecula Hills & Oak Mountain Winery Wiens Family Cellars Wilson Creek Winery & Vineyard A', ,;}/7- . 'a!rad/68 /., _.~r.:I'::'Wfjnl~, W. V. 1'" f1II& 1/d,tg6 '" Y...J "-'_0.-.. !J@senstein & :Hitzeman M_"__'-Co<_ II WESCOM Credit Union ~~~;ngpro';d'dbY ~ im~!!~ce X- ~ LENNAR.COM Application Page 3 Please respond to the following questions. ) Event I. Provide information on your proposed event, goals, promotional program, budget, expected attendance, funding recipients, and location of event. If event venues are held at multiple locations, please list. The 2007 Temecula OnStage will be held on Main Street and the Bob & Jeanne Bums Courtyard at the Old Town Temecula Community Theater. Based on last year's success we will utilize the porch of the Children's Museum for purposes of a VIP area. The silent auction will take place in the Mercantile Building. Our goal is to raise $15,000 which will be used to subsidize the resident companies of the Old Town Temecula Community Theater. The budget in cash expenditures is $75,000 with another $35,000 of in-kind sponsorships. We expect 500 guests in attendance. Our promotional program will include - mailed invitations, several e-mail blasts to residents, e-mail blasts through Ticketmaster, print advertising in the daily, weekly and monthly publications throughout the Inland Empire, radio advertising, direct mail through the Chamber newsletter and Theater Foundation Newsletter and an aggressive public relations campaign. (""') , 2. How will the event profits be utilized? The profits from the event will be used to support the resident companies of the Old Town Temecula Community Theater. 3. Explain how your organization has worked well with the community to mitigate event impacts? . The street remains open to foot traffic. . We place "Stores Open" signs around the area. . We encourage the Old Town merchants to stay open during the event to expose their stores to the 500 people we expect to be in attendance. . We communicate with the Merchants so they are aware of the timing of the event. 4. PI ease describe yoUr fiilliribial reporting. The Theater Foundation utilizes an accrual basis with our fiscal year ruuning concurrent to the calendar year. 5. If your organization received City ofTemecula funding in the previous year, please provide a brief recap of the event, atten<jance, accomplishments and its economic benefit to Temecula. Explain if the event, P"0~!". .marketing program, and attendance were consistent with what was proposed to me City. The 2006 Temecula OnStage event had approximately 425 in attendance. Participation included local wineries and guest chefs from 6 local restaurants. Live musical entertainment was provided throughout the evening on iwo stages and in the Mercantile building. Our attendance was down from the previous year due to the extreme :warmth the days leading up to and including the event. This coupled with the decrease in sponsorship dollars and some unexpected expenses, the event, for the first time showed a loss of $6,500. For each of the other 4 years of this event we showed a net profit ranging from $7,500 to $17,000. Despite the financial results not being consistent with previous years, we are confident that with additional marketing and promotional efforts that the event will succeed once again. 2007 Temecula OnStage Budget Advertising Decor - backdrop Flowers Entertainment Event Mgmt Event Permits Food & Bev Postage Printing Printing - program Rental - Allies Rental - pottys Sound & Stage Security Entertainment - Merc I 2nd stage Entertainment - stilt walker TOTAL 2007 $1,500 $575 $500 $31,000 $4,300 $550 $7,500 $800 $3,000 $1,300 $5,000 $750 $13,000 $1,000 $1,500 $300 $72,575 I FINANCIAL STATEMENTS Application Page 2 This Page Must Be Completed And Submitted (Based on your organization's last fiscal year) ( ) This form serves as a guideline of the fmancial information requested. If your organization has fmancial statements (balance sheet & income statement) please attach. In addition, please attach the organization's current budget for the proposed event. Balance Sheet as of I 2...1 n ro ( Assets Cash and Investments $ 2."i3'=6,"3 'is D Receivables (detail) tjs \'315 Inventory - Fixed Assets Other Assets \,o3Cj"l(ol , I 1'1> (132.1 ; SZ7. Total Assets ') Event Income Statement for the Year Ended June 30, 2006 ~~Dr+fcQ -tV., cr(O<;::;, Income Fundraising $ U Z'OS , Grants $ Cash Sponsorships $ 2 Sj .oSQ In-Kind Sponsorships $ '.2, Z- , q "2. 0- City Funds $ $ $ I 122- $ '34,(o-c.S Souvenirs Vendors Other Sources (TickeVbeverage sales, entry fees, parking fees, etc.) TOTAL $100,00'2- Audited: Yes No~ Liabilities & Fund Balance Current PayabIes $ \lIS--(~ Notes Payable ~ Fund Balance \ ~ Il ,q Lj-4 I Total Liabilities & Fund Balance $ \ :3Z9SZ-L Exnenses Salaries $ '-") SOU 1 $.3,ir.k-~ $ i'b't.llo Operating Expenses Advertising! Promotions Entertainment $ ZTIo4S '5 I P 30 4s4 Rentals $ InsurancelPennit Fees$ Other Expenses $ TOTAL $ II 2'::>3 Please note with an asterisk (*) any amounts that require additional explanation, and comment on these items. \\San3\city manager\ Wolnickg\Applications\E.D. Funding Program H Special Events.doc 2007 TEMECULA ONSTAGE Attachment D Event Recap r) { Theatre Foundation A cooperative effort to build a community theater for the Temecula Valley Dan Stephenson President Bobbi Boes Joann Markham Vice Presidents John Fonseca Chief Financial Officer Martha Minkler Grant Advisor Harry Clark Golden Circle Lisa Ferguson Executive Director () Directors: Sam Alhadeff Greg Brown Melody Brunsting Robert Bums Patti Drew Maryann Edwards Kathy Forbes Cindy Gilmore Bill Harker Hamilton Jones Karel Lindemans Stewart Morris Bill Paisner Julie Pitruzzello Joan Sparkman Beverly Stephenson Jeff Stone Jack Stouse Tony Turski Aubrey Walker Chuck Washington Sherry Williams-Fletcher Theatre Foundation A Non-Profit Corporation Tax ID #33-0871 I 29 41391 Kalmia St. Suite 200 MUlTi eta, CA 92562 909.834-9802 - phone 909.834.9801 - fax TEMECULA ON STAGE STATEMENT DESCRIPTION: Temecula OnStage is an upscale, ticketed event designed to bring the finest entertainment, food and wine that the valley has to offer. Two stages at opposite ends of Main Street (one at Front and Main and one at Murrieta Creek) will host four bands and one stage performance. Rock 'n Roll, Jazz and Dance Party music will be played by the various bands. In the center of the street/and event, an exhibition-style food booth (utilizing trusses and spotlights) will highlight area chefs as they prepare their cuisine. The ticket price of $85 includes all wine and food sampling. Proceeds benefit the Theatre Foundation. Organization: Theatre Foundation Event: Temecula On Stage Location: Main Street between Murrieta Creek Bridge and Front Street Attendance: Approximately 300-400 guests Representative: Melody Brunsting (951) 252-5649 Lisa Ferguson (951) 699-6820 TIMES: EVENT HOURS: 6 p.m. to II p.m. VOLUNTEERS: Approximately 15-20 volunteers helping with LDs, tickets, policing the area, cleanup and operations. ,f'?" () (.).. \. , Theatre Foundation MARKETING AND PUBLIC RELATIONS Marketing and publicity began in April with the Theater Foundation's Newsletter and continued through the event September 2, 2006. Press releases were distributed to long lead media beginning in April with calendar announcements and continuing through August 30. Publications targeted included regional magazines such as RV Journal, Inland Empire Magazine, San Diego Magazine, in-room publications, and other general interest regional magazines. Three months out publicity was sent to local monthlies including Valley Living Magazine, Inland Empire Entertainment, Entertainment Round Up, Country Review Magazine, Under the Sun Magazine, and 951 Magazine. Weekly and Daily Publications received publicity beginning in June with the announcement of the entertainment lineup and continuing through the event weekend. Advertisine for the event included Posters Flyers Direct Mail to Foundation List Advertisements for three weeks in The Californian Advertisements for 5 days in The Press-Enterorise Advertisements for July, August in NeilEhhors Advertisements for July, August, September in Entertainment Rounduo Radio advertising on KMYT (94.5 Jazz) 8/17-8/28/06 56 spots QI03.1 8/29-9/2 20 Spots KATY 101.3 Radio, 10 spots 8/25-92 PSAs were also distributed to KOLA 99.9 FM, K-Earth, KSP A, and KHRM. Ticketmaster 300,000 e-mail program/ticket alert for the event to 300,000 Southern California customers from Los Angeles to San Diego WEB SITE BANNERS/LINKS: KMYT 94.5 Jazz Q103.1 Katy 101.3 2007 TEMECULA ONSTAGE Attachment E Sponsorship Agreement SPONSORSHIP AGREEMENT BETWEEN CITY OF TEMECULA AND THE THEATER FOUNDATION This Agreement, made this 24th day of ~ulv. 2007, by and between the CITY OF TEMECULA, (hereinafter referred to as "City"), and THEATER FOUNDATION, a California nonprofit corporation. A. The Theater Foundation will operate the Temecula OnStage event on September 1st, 2007. The Temecula OnStage is a special event which will be held on Saturday evening from 6:00 pm - 11 :00 pm in Old Town Temecula. Specific locations in Old Town include: Main Street and the Bob & Jeanne Burns Courtyard at the Old Town Community Theater. The porch of the Children's Museum will be utilized for the VIP area and the silent auction will take place in the Mercantile Building. The event will showcase the area's top chefs and wineries along with a variety of performance arts including local musicians, vocalists, actors and dancers. Last year's event drew approximately 425 attendees. Attendance was down from the previous year due to the extreme warm weather experienced last summer. This coupled with the decrease in sponsorship dollars and some unexpected expenses, the event, for the first time showed a loss of $6,500. For each of the other 4 years of this event, The Theater Foundation showed a net profit ranging from $7,500 to $17,000. Despite the financial results not being consistent with previous years, the organization is confident that with additional marketing and promotional efforts the event will succeed again. Expected attendance for the 2007 event is 500. B. The City of Temecula desires to be a "Premier Sponsor" of the 2007 Temecula OnStage event. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. In exchange for providing for the Temecula OnStage event of approximately $6,135 for all city-support costs of Public Works, Community Services, Fire and Police, listed in Attachment A, the City of Temecula shall be designated as a "Premier Sponsor" of the 2007 Temecula OnStage event. In the event that City support services exceeds $6,135, the sponsor may seek City authorization for payment above that amount. In exchange for being a Premier Sponsor, the City of Temecula will receive the benefits as listed in Attachment B. B. Within 60 days following the Temecula OnStage, The Theater Foundation shall prepare and submit to the Assistant City Manager a written report evaluating the Temecula OnStage, its attendance, and describing the materials in which the City was listed as a Premier Sponsor. The report should also include samples of media press clippings, flyers, pamphlets, etc. in a presentation notebook format. In addition, a complete financial statement to include a balance sheet and income statement of the Temecula OnStage event must be included. C. The Theater Foundation shall file Temporary Use Permit and Special Event Permit applications with the City of Temecula no later than 60 days preceding the first day of the Temecula OnStage event. D. Once the Temporary Use Permit and Special Event Permit applications have been submitted and the event agreement has been executed in final form, the Theater Foundation will receive authorization to receive City Support Services for the Temecula OnStage as outlined in the agreement. E. The Theater Foundation agrees that it will defend, indemnify and hold the City and its elected officials, officers, agents, and employees free and harmless from all claims for damage to persons or by reason of The Theater Foundation's acts or omissions or those of The Theater Foundation's employees, officers, agents, or invites in connection with the Temecula OnStage to the maximum extent allowed by law. F. The Theater Foundation shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability in which the City is named insured or is named as an additional insured with The Theater Foundation and shall furnish a Certificate of Liability by the City. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall; 1. Include the City as the insured or named as an additional insured covering all claims arising out of, or in connection with, the Temecula OnStage event. 2. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with Temecula OnStage event. 3. Minimum Scope of Insurance. Coverage shall be at least as broad as: (A) Insurance Services Office Commercial General Liability coverage provided on ISO-CGL Form No. CG 00 01 11 85 or 88. (B) Insurance Services Office Business Auto Coverage form CA 0001 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned endorsement to the General Liability policy described above is acceptable. 4. Minimum Limits of Insurance. The Theater Foundation shall maintain limits no less than: (A) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (8) Liquor Liability: One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. 5. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from the Temecula OnStage event. 6. Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 7. If insurance coverage is canceled or, reduced in coverage or in limits the Theater Foundation shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the charges to or cancellation of the policy. 8. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or The Theater Foundation shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. G. Should any litigation be commenced between the parties, hereto, concerning the provisions of this Agreement, the prevailing party concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. DATED: THE THEATER FOUNDATION 43180 Business Park Dr., Suite 105 Temecula, CA 92590 CITY OF TEMECULA BY: Dan Stephenson President Chuck Washington Mayor ATTEST: Susan W. Jones, MMC City Cierk APPROVED AS TO FORM: Peter Thorson, City Attorney TEMECULA ONST AGE ATTACHMENT A Estimated City Support Services and Costs Based on the input from City departments we received estimated cost projections for the 2007 Temecula OnStage event. The following expenses can be anticipated for this event: Police: $2,200 Fire: $1,200 Public Works: $ 950 Community Services: $1,425 Code Enforcement: $ 360 TOTAL: $6,135 TEMECULA ONSTAGE Attachment B Premier Sponsorship Benefits (Level $10,000) Main Stage Signage Recognition Name & Logo - Front Cover of Program City Advertisement in Event Program City Logo on Event Tickets City Logo on Invitations City Logo on Event Flyers City Logo on Event Posters City Logo in The Press-Enterprise & Valley Business Journal Print Advertising Press Releases Internet Banner Link 10 Complimentary Tickets to Temecula OnStage Stage Mentions I~-- . , II ITEM NO.7 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager ~ /J/2 ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: July 24, 2007 SUBJECT: Approve the Sponsorship Request for the 2007 Inland Empire Affiliate of Susan G. Komen for the Cure PREPARED BY: Gloria Wolnick, Marketing Coordinator RECOMMENDATION: That the City Council approve the event sponsorship and funding agreement in the amount of $25,000 cash, city-support costs in the amount of approximately $13,708, and promotional services valued at $11,292 for the Inland Empire Affiliate of Susan G. Komen for the Cure. BACKGROUND: Staff has received a sponsorship request and grant funding request from the Inland Empire Affiliate of Susan G. Komen for the Cure event. The City of Temecula has previously sponsored this event. The City of Temecula hosts a wide array of special events year-round all adding to its rich qualityof life. Residents and visitors look forward to attending these popular events each year and the events help make Temecula the unique community that it is. The Race for the Cure event increases tourism revenue for the City's restaurants, hotels, shopping centers and wineries. Due to the fact that this special event promotes tourism in Temecula, the City support services would come from the General Fund's budget. There will be no commissions, consultant fees and/or salaries paid to any party from the City of Temecula's sponsorship. Inland Empire Affiliate of Susan G. Komen for the Cure Staff has received a request from the Inland Empire Affiliate of Susan G. Komen for the Cure, to provide City-support costs in the amount of approximately $13,708 and $25,000 cash which will help pay for breast exams, counseling and other services for under served Temecula citizens. In addition, Komen has requested the City to provide an outline and estimated value of promotional services that the City provides for this event. The estimated value of these services is $11 ,292. The 9th annual Inland Empire Race will be held at the Promenade Mall in Temecula, corner ofYnez and Winchester Roads, on Sunday, October 21, 2007. This event is family-oriented, with something for everyone. In addition to the Team Competition, the schedule includes Women's and Coed 5K Run/Walks, a family one-mile Fun Run/Walk, live entertainment, exhibits, Kids' Expo, Sleep in forthe Cure and Komen Expo. A special ceremony will be held that pays tribute to the hundreds of breast cancer survivors expected to participate. The Race for the Cure will serve as a fundraiserforthe Inland Empire Affiliate Susan G. Komen for the Cure, a non-profit organization that was established in 1996. 75% of the net Race proceeds will fund local breast health education programs to spread the lifesaving message of early detection to thousands of Inland Empire men and women. The remaining 25% of the net Race proceeds is designated to Susan G. Komen for the Cure Foundation Award and Research Grant Program, which funds groundbreaking breast cancer research, meritorious awards and educational and scientific programs around the world. For the last eight years, the Komen Inland Empire Race for the Cure has been held in Temecula and proved to be successful. The 2006 Race for the Cure had 10,544 race participants, 424 Sleep- In for the Cure participants, 541 breast cancer survivors and 700 volunteers. The 2007-2008 Grant Recipients include: Breast Cancer Survivors, Desert Cancer Foundation, Kids Connected, Inland Agency, Michelle's Place, Neighborhood Healthcare, Quinn Community Outreach Corp., and The Foundation for Community and Family Health. Funding for the recipients totals $652,500. The Inland Empire Affiliate funds non-duplicative, community-based breast health education and breast cancer screening and treatment projects for the medically underserved in Riverside and San Bernardino counties. In 2006/2007, the Inland Empire Affiliate funded $535,000 to local community programs for the medically underserved in Riverside and San Bernardino counties. In addition, $181,942 was awarded to the Susan G. Komen Award and Research Grant Program. Promotion for the 2007 Race consists of newspaper, television/radio advertising, Internet blasts, sponsorship packets, entry forms and community outreach. National sponsors include Yoplait, American Airlines, Coldwater Creek, Energizer, Ford, New Balance and Quilted Northern. FISCAL IMPACT: The Inland Empire Affiliate of Susan G. Komen forthe Cure funding of $25,000 cash is appropriated in Community Support (Council Discretionary) Account #001-1 01-999- 5285. The City-support costs of $13,708 and costs for promotional services valued at $11 ,292 for The Race for the Cure event are included in the FY2007-08 Operating Budget of the various support departments. ATTACHMENTS: Inland Emoire Affiliate of Susan G. Komen for the Cure Attachment A - Sponsorship Benefits Attachment B - Estimated City Support Services and Costs Attachment C - Value of City Promotional Services Attachment 0 - 2007 Event & Media Promotions Attachment E - 2006 Race for the Cure Event & Grant Recap Attachment F - 2007 Sponsorship and Funding Agreement KOMEN FOR THE CURE Attachment A Sponsorship Benefits In exchange for providing $25,000 cash and approximately $13,708 for all city- support costs of Public Works, Fire and Police and City promotional services valued at $11,292 for the 2007 Inland Empire Affiliate of Susan G. Komen for the Cure, the City of Temecula shall receive the following benefits. . City log%r name will appear on flyers, advertisements, and program relating to the event. . The City log%r name will appear on event t-shirts, posters, banners and promotional items relating to the 2007 event. . Recognition at Awards Ceremony . Free booth space at event: 10 x 10 booth space for City booth at Expo and 10 x 10 booth space for the Imagination Workshop Children's Museum at the Children's Expo . 4 City banners displayed . City name on all press releases . Complimentary team photo . Complimentary Sponsor Appreciation Dinner tickets (10) . Commemorative sponsor award . City logo/name on Inland Empire Web Site . 10 Race entries and tee shirts . Logo in "Thank You" ad "Life i$ Worth Fighting For" Sponsorship Opportunities Cash and in-kind contributions are gratefully accepted at all levels. 75% of the net proceeds from the Race for the Cure @, stay in our local communities for grants that support breast health education, screening and treatment programs for the medically underserved, while 25% supports the Komen Award and Research Grant Program through Komen Headquarters in Dallas, Texas. Join us in our promise: to save lives and end breast cancer forever by empowering people, ensuring quality of care for all and energizing science to find the cures. Your contribution helps offset Race expenses, keeping our costs down and allows for additional funding in our community and impacts research on a global level. 1. Choose a sponsorship level that offers the benefits and visibility that you prefer. 2. In-Kind support includes, but not limited to: Pledge Prizes - Printing - Collateral - Signage - Postage - Advertising - Entertainment - Food & Beverages - Awards & Plaques 3. Call us to help "CUSTOMIZE" your sponsorship. We will help you maximize your sponsorship. 4. After your sponsorship level has been determined, sign the SPONSOR CONTRACT, making sure to provide all pertinent information, and return it to the Komen office. All sponsor materials should arrive to the Komen office no later than June 29th. For further information please contact us at 951-304-9500 or email us at sponsor@komenie.org. ::':;O:':b:" "~~).~~,: ".'; "'-.0 . ?,::ai:o' 'g~.o.'\ o. CD u)' F/(jr The m:O", ~gb Cure! Eq lo.,;O .>>0 l,.;;0 2:0 ~'o <1> ,'~ .co Q)o (/)lJ)- "<1>,0 ",0 E~ >'",,~ >,. .~ -00< ._It) :J~ ::U') '-('.I ~ - "i::<Lt) 0", W'" 0:'" Vl '" u'" "';;; LL'" Logo Start/Finish Banner II Logo on Race Bib II Company Official Starts Race Event II II Company Banner on Start/Finish Scaffold II II Name in allRadio Promotion II II II Name in all Press Releases II II II II II Logo on Printed Material Logo Logo Logo Logo Logo Logo/Name on Website Logo Logo Logo Logo Logo Name Use of Race/Media Logo with Pre-Approval Race Race Media Media Media Media Logo/Name on Race T-shirt Logo Logo Logo Logo Logo Logo Name Complimentary Booth Space at Expo II II II II II II II II Logo/Name on Race Posters Logo Logo Logo Logo Logo Logo Name Name Complimentqry Team Tailgate Booth II II II II II II II II Logo/Name on Race Entry Form Logo Logo Logo Logo Logo Logo Name Name Name Company Banners Displayed 5 4 4 3 3 2 2 1 1 Complimentary Team Photo II II II II II II II II II II Spon~or Appreciation Dinner Tickets 12 12 10 10 8 6 4 4 2 2 Race Entries and T-shirts 12 12 10 8 6 4 2 2 2 2 Commi;lmorativeSponsor AWqrd/Certificate Award Award Award Award Award Award Award Award Cert Cert Logo/Name in newspaper "Thank You" Ad Logo Logo Logo Logo Logo Logo Name Name Name Name KOMEN FOR THE CURE Attachment B Estimated City Support Services and Costs Based on the input from City departments we received estimated cost projections for the 2007 Inland Empire Susan G. Kamen for the Cure. The following expenses can be anticipated for this event: Police: $ 5,898 Fire: 1,500 Public Works: 5,350 Code Enforcement: 960 Community Services: No Cost TOTAL: $13,708 KOMEN FOR THE CURE Attachment C Value of Promotional Services Provided by The City of Temecula The estimated cost value for promotional services provided by The City of Temecula for the 2007 Inland Empire Affiliate of Susan G. Komen for the Cure is as follows: Item Display of Existing Komen Street Banners along Rancho California & Winchester Roads Event Listing in City Newsletter Mailed to Residents Event Listing on City Web site Event Listing on Temecula Auto Mall Marquee Event Listing Displayed at City Council Meeting Broadcasts TOTAL: Valne 6,000 1,000 1,000 3,000 292 $11,292 KOMEN FOR THE CURE Attachment D 2007 Event and Media Promotions susan G.l(omen race FOR THE cure Presented by ~~~ NATIONAL SERIES SPONSORS AVA Coldwater CreeK Energizer _~... . ~ """ -".",,_ new balance ~ Komen Inland Empire Race for the Cure@ 2007 Sponsorship Opportunities Worth Fightifi,g"c' October 21, 2007 "Life is Worth Fighting For" Susan G. Komen for the Cure promise: to save lives and end breast cancer forever by empowering people, ensuring quality of care for all and energizing science to find the cures. Komen for the Cure was founded on a promise between two sisters, Susan Goodman Komen and Nancy Brinker. Suzy was diagnosed with breast cancer in 1978, a time when little was known about the disease and it was rarely discussed in public. 2007 Breast Cancer Facts . 1 in 8 women will be diagnosed in their lifetime . All women are at risk for breast cancer . Majority of those diagnosed have no family history . Breast Cancer is the leading cause of death in American women between the ages of 40 and 59 . It is the most common cancer among American women . In 2007 - 178,480 new invasive breast cancers and 62,030 new in situ breast cancers are expected to be diagnosed in women; 40,460 will die . 2,030 American men will be diagnosed; 450 will die . When breast cancer is found early, your chance of survival is the greatest 2007-2008 Grant Recipients Breast Cancer Survivors Desert Cancer Foundation Kids Konnected Inland Agency Michelle's Place Neighborhood Healthcare Quinn Community Outreach Corporation The Foundation for Community and Family Health Total Funding $652,500.00 Before she died at the age of 36, Suzy asked her sister to do everything possible to bring an end to breast cancer. Nancy kept her promise by establishing Susan G. Komen for the Cure in 1982 in Suzy's memory. 2006 Race Stats Number of Participants Sleep-In for the Cure@ Breast Cancer Survivors Race Volunteers Largest Team (Pechanga Resort & Casino) Most Money Raised by a Team Riverside County Sheriff/EDA Participant Entry & Pledges Sponsor Cash Sponsor In-Kind 10,544 424 541 700 372 $29,717 $560,000 $275,000 $777,897 ..Life is Worth Fighting For" About The Race Since its origination in 1982, the Komen Race for the Cure@ Series has grown from one local Race with 800 participants in Dallas, Texas, to a series of more than 100 Races. Today, the Race Series is the world's largest and most successful education and fundraising event for breast cancer. Over 1 million race participants are expected in 2007. The Komen Race for the Cure@ Series celebrates breast cancer survivorship and honors those who have lost their battle with the disease. For many participants, the Race is much more than just running or walking a 5K, it is an act of support, love and commitment to someone who is Teams T.E.A.M. (means "Together Everyone Achieves More,") and leadership is essential to build a great team. You can organize a team for the Komen Inland Empire Race for the Cure@ and help save lives and end breast cancer forever! Team participation is essential to the success of the Race. From walking with family, friends and co-workers, to barbecuing in the Team Tailgate area, the memories and support that comes from building a team are priceless. Participating as a team is simple! Designate a team captain and he/she will organize a group of 10 or more individuals. COlporations, agencies, organizations, families, schools, friends, churches, or any combination thereof can form a team. Prizes will be awarded to the team captain whose team raises the most money, and to the captain whose team registers the most participants. Team T-Shirt Contest There will be 2 awards given, Race Chairs Choice and Public Choice. On Race day, t-shirts will be on display and every dollar put into a clear ballot box is considered a vote (Public Choice Award). The Public Choice Award and the Race Chair Award will be announced at 10:30 a.m. on main stage. Submit your team's T-Shirt to the Komen office by September 27. Send to: Race for the Cure, c/o Team T-Shirt Contest, 26765 Madison Ave., #108, Murrieta, CA 92562. or has battled breast cancer. Proceeds from the Komen Race for the Cure@ Series help fund important breast cancer research and breast health initiatives on a localleve!. 75 percent of the net proceeds remain in the Inland Empire to help support breast health education, breast cancer screening and treatment programs for the medically underserved. These programs are based upon a "Community Profile" needs assessment performed by each Kamen Affiliate. 25 percent of Race proceeds help fund breast cancer research and project grants awarded through Komen Headquarters. Sleep In for the Cure@ Out oftown on Race Day? Work nights? Attending church? Or just want to sleep in on a Sunday morning? Sleep In for the Cure@ is the perfect way to show your support for the Race and the fight against breast cancer. Sign up for Sleep In for the Cure@ and receive a Race T-Shirt and a commemorative Sleep In for the Cure@ Pillow Case. Want to increase the size of your team? Have relatives, friends and co-workers who are out of town or unavailable on Race day sign up with your team for Sleep In for the Cure@. www.komenie.org Volunteers Susan G. Komen for the Cure is a grassroots, volunteer, survivor and activist organization. We would like to share with you our core values: Inclusion to embrace the uniqueness of every individual Stewardship to be accountable for our performance, individually and collectively Honesty to foster a community of trust and integrity Openness to seek out new ideas and new ways of thinking Passion to demonstrate personal commitment to our Promise Empowerment to entrust others and hold yourself accountable If you share these values, if you have time and talents to share with us, if you would like to "give back" within the Inland Empire, please consider volunteering. Volunteers are the heart and soul of our organization! For additional information orto volunteer, please call 951-304-9500 or email volunteer@komenie.org. Komen Inland Empire Affiliate I Race for the Cure Page I of2 . susan G. ----D Komen"'" FOR THE cure INLAND EMPIRE Home Grants Survivors Kids for Komen I Breast Cancer News Race for the Cure@ Sunday, October 21, 2007 Breast Health Resources Race Schedule: I 6:30am I 6:30am to Noon !7:15am 7:30am 8:15am 9:00am 9:45am 10:30am Schedule of Events Sunday October 21, 2007 Registration Opens Expo/Kids' Expo Survivor Photo Parade of Pink A Tribute to Survivors Timed 5K Run/Men, Women and Survivors** 'ONL Y TIMED EVENTS FOR WOMEN, MEN AND SURVIVOR AWARDS. Awards available after Race results are posted. Team/Co-ed 5K Run/Walk* Non-competitive Family 1 Mile Run/Walk Non-competitive Survivor Awards, Pledge Prize Drawings, and I Contest Winner Announced *Aerobic warm-up 15 minutes prior to race. Survivor Wall of Hope Survivors, family members and friends are invited to watch the unv~ in Macy's entrance of The Promenade immediately following theaw Inland Empire Affiliate. 26765 Madison Ave. Ste. 108, Murrieta, CA 92562 ,951.30. Home I Grants I Survivors I Promise/Mission I Resources I Events I Donations I Vo(untee http://www.iekomen.org/Race.html 6/2012007 () ISusan G. Komen for the Cure I Race for the Cure 2007 I Projected Budget 2007 1 _''''..<,......,~.:... ~, ", ,., """" ,~'.~ ^~ .~, _,.'",.7 INCOME 39001 SlJonsorshlos 290000 40100 Event Fee Race Entry Fees Race PledQes Less Returned Checks 40004 Merchandise 225000 225000 -2500 16000 . 49019-1 Other Income I Exeo Booth 1 K4i<1ScriDlOther I Team Photo I TeamTail!1ate I I Total Income IEXPENSE I 51000lAdvertlslng I 52010 Bank Charaes-Credlt Cards 1 Isank Chartles-Other I 53000 Entry Forms I 53100 Race Bibs I 53200lRace Course Production I I Race Course Sanctioninu I Race CoulSe Pmductian , Balloons I Event Services-Fencing' I TCS Radio Group I Rlphlwav I Allied Traffic I Race Dav Electric I Trtnlty Tents I RebelRen~ I Speakers in Exoo I WB Productions I 1 Klntera Total Race Course ProcIuction ($60350) ! 53300 Troohies 53400 SeeurilV . 55010 Contract Labor 56200 MeetinQ Costs 60510 Gifts and Recognition -62015 Insurance 64010 SUPDlies 64520lBannerS 65510 postaae & Deliverv 66010 Plinting 67200 Merchandise 69010 Rent (%) Utllltlesi%\ 70100lSalartes (%) 70200IpavrOJlTaXeS(%) 70400 EmDlovee Benefits (%) 74510lTeleDhone ('!o) I Total ExDense 1 I Net Income I 50001 1000 4001 20001. 1 761900 ,. r I 9001- 200\- 100 110001 30001 200 o 1 17 1200 6000. 340 3045 8250, 50001 25000 10001 1500 130001-_ 265001 106235 8000 2251 40001 225 500 3240~ 500 500 100001 600QI_ lIOU 400 25500 2550 150 1500 65990 I 1722251 5896751 KOMEN FOR THE CURE Attachment E 2006 Komen for the Cure Event & Grant Recap . susan G. .--D 1(0 men ~ Inland Empire Affiliate FOR THE cure 26765 Madison Avenue, Suite 108 Murrieta. California 92562 951 304~9500 Office 951 304 9558 Fax www.kornenie.org Komen Inland Empire Race for the Cure@ Accomplishments Komen Inland Empire Race for the Cure is considered one of the top five largest events in Temecula. 2006 Race for the Cure Attendance 12,000 - Approximately a 15% increase from the previous year. Raised funds for breast cancer awareness and services for uninsured residents. 2007 Grant Recipients Summary $652,500.00. Economic Benefits: Brought people from all over Riverside County and Southern California to Temecula, where they shopped, dined and stayed in hotels. 2007-Partnering with the Convention Visitor Bureau for Sunday extended stay opportunities for Race participants and their families. All goals, marketing & attendance were consistent with the 2006 plan proposed to the city. Onein eight women I FINANCIAL STATEMENTS . ._~PPlication Page 2J This Page Must Be Completed And Submitted () (Based on your organization's last fiscal year) This form serves as a guideline of the fmancial information requested. If your organization .has fmancial statements (balance sheet & income statement) please attach. In addition, please attach the organization's current budget for the proposed event. Balance Sheet as of .3h/;bG::. Audited: Yes_ NoA Cash and Investments $ 0 '1 ;;l. 5 I ~ I Receivables (detail) ti.Li 0 S- f Inventory d l :3 G 7 Fixed Assets d t 0 Y' 'B . Other Assets c; f.5 d- ~ Total Assets 7 a I. (,:; ~s- I o Event Income Statement for the Year Ended June 30, 2006 Assets Liabilities & Fund Balance Current Payables $ S::; ~ I / Cf 1 Notes Payable cP Fund Balance I 0 q f 'i 6b Total Liabilities & Fund Balance $ '7 'd-II fv,S-~ - Income Fundraising $ ~l./;;,)I S '-( i $ Grants Cash Sponsorships $ ~ 3;:5. Lf {P <=J In-Kind Sponsorships $ . City Funds $ . ~.s, ODO . $ ~,Lf~Lf Souvenirs Vendors $ $ Q.1057/ , Other Sources (Ticket/bev(lrage sales, entry fees, parking fees, etc.) TOTAL 7~-61 3 $ Exnenses Salaries $ j'?:>/ :5 78 Operating Expenses $ d./, &d-~ Advertising! $ 595 Promotions Entertainment $ .;..--- Rentals $ C7. 907 r Insurance/Permit Fees$ IbCf Other Expenses $ 5 J jd- "7 C::, TOTAL $ Of& :;20~ t. Please note with an asterisk (*) any amounts that require additional explanation, and comment on theseitems. . \\San3\city managc.m Wolnickg\Applications\E.D. Funding Program - Special Events.doc o o 11:17AM 03/09/07 Accrual Basis Inland Empire Susan G. Komen Breast Cancer Foundation Balance Sheet As of March 31, 2006 ASSETS Current Assets Checking/Savlngs. 10010. Cash-Operating TVB 10015. Cash -1st Centennial Operating 10030 . Cash-Money Market Comm Nat'l 10040. Cash-Other Mission Oaks MM 10050 . Cash-Petty Cash 10060 . Cash-Savlngs TVB 12010 .Invesbnents - CO Mission Oaks 12020 .Invesbnents - CO 1st Centennial Total Checklng/Savlngs Accounts Receivable 15010. Receivables. Komen Total Accounts Receivable Other Current Assets 13055' Prepaid Expenses 17010. Inventory 19000 . Other Assets Deposit Total 19000 . Other Assets Total Other Current Assets Total Current Assets Fixed Assets 20012 . Office Equipment 21012. Accum. Oepr.-Office Equipment Total Fixed Assets TOTAL ASSETS LIABILITIES & EQUITY Liabilities Current liabilities Accounts Payable 25010 . Payroll TaxeS Payable 26000 . Grants Payable 26500 . Komen Payable Total Accounts Payable Total Current Liabilities Total Liabilities , I "j Equity 29910. Retained Earnings Mar 31,06 2,968.29 65,560.85 100,859.49 183,391.47 234.23 138.228.29 101,309.20 99,960.48 692,512.30 17.404.59 17.404.59 5,363.28 2,366.69 1.160.00 1,160.00 8,889.97 718,806.86 4,861.28 -2,013.00 2,848.28 721,655.14 -985.47 535,000.00 18,184.70 552,199.23 552,199.23 552,199.23 182.049.13 Page 1012 () o 11:17AM 03109107 Accrual Basis Net Income Total Equity Inland Empire Susan G. Komen Breast Cancer Foundation Balance Sheet As of March 31, 2006 Mar 31, 06 -12,593.22 169,455.91 TOTAL LIABILITIES & EQUITY i ) ~1,655.14 Page 2 of 2 11:20 AM 03/09/07 Accrual Basis Inland Empire Susan G. Komen Breast Cancer Foundation Profit & Loss Race Only April 2005 through March 2006 () Apr '05 - Mar 06 Income 31001 . Contributions-Corporate Third Party Fundra1sers 2,470.18 31001 ' Contrlbutlons-Corporate - Other 33,523.06 Total 31001 ,Contributions-Corporate 35,993.24 32001 'Contributions-Individual Expo Donation 1,816.25 Feed the Pig 64.00 Kids for Kamen 657.90 32001 ' Contributions-Individual. Other 3,603.00 Total 32001 ' Contributions-Individual 6,141.15 33025 . Restricted Contributions 500.00 36000 . Pledges 4,664.91 39001 . Sponsorships 260,458.67 40004 . Merchandise Sales 8,424.00 40100 . Event Fee Race Entry Fees 213,571.00 Race Pledges 195,249.69 Total 40100 ,Event Fee 408,820.69 49019, Other Income Expo Booth 6,100.00 0 1'eam Photo 650.00 Team Tailgate 1,300.00 49019 . Other Income - Other -8,050.00 Total 49019 ,Other Income 0.00 Total Income 725,012.66 Expense 51000 ' Advertising 595.00 52010 . Bank Charges 52015 . Credit Card Discounts 149.93 52010 . Bank Charges - Other 0.00 Total 52010 . Bank Charges 149.93 53000 . Badges/CardslEntrles 7,884.25 53100 . Race Bibs 2,682.25 53200 . Race Course Production Race Course Sanctioning 164.00 53200 . Race Course Production - Other 51,275.78 Total 53200 . Race Course Production 51 ,439~78 53300 . Trophies 5,026.20 53400 ' Security 180.00 55510 . Contract Labor 960.00 80510 . GIfts and Recognition 538.55 62015. Insurance 2,555.00 '-. , Page 1 012 o o , ~ 11:20 AM 03/09/07 Accrual Basis Inland Empire Susan G. Komen Breast Cancer Foundation Profit & Loss Race Only April 2005 through March 2006 64010 . Supplies 64511. T-Shirts 67200 . Cost of Goods Sold 69010 . Rent & Utilities Rent Utilities Tola169010' Rent & Utilities Apr '05 - Mar 06 255.62 539.70 4,010.40 2,967.10 364.55 3,331.65 70100 . Salaries 70200 . Payroll Taxes 70400 . Employee Beneflls 74510' Telephone Total Expense 13,578.24 1,261.03 181.25 1,039.43 96,208.28 Net Income 628,804.38 Page 2 of 2 . susan G. --D KOmen~ FOR THE cure INLAND EMPIRE 2007 - 2008 Grant Recipients Brest Cancer Survivors Grant Amount $50,000 Anna Bell, Director of Client Services Phone (949) 421-1206 Fax (866) 781-6068 E-Mail bcsurvivorsavvahoo.com "Mission 2007" We assist our clients by paying for rent, mortgage, utilities and other basic living expenses. We also research other federal, state and private resources and assist our clients in navigating the maze of paperwork required to obtain these services. Above all, we provide experience-based moral support to all who contact us. As a result of these efforts, not only are people able to be treated who might otherwise not be treated, but the stresses accompanying treatment are lessened so that the treatment outcome is more likely to be positive. Our Mission: Breast Cancer Survivors provides temporary financial assistance to individuals undergoing treatment for breast cancer who are unable to meet their basic living expenses due to the impact of their disease. Kids Konnected Grant Amount $25,945 Lynnette Wilhardt, Director of Clinical Services Phone (949)582-5443 Fax (949) 583-3989 E-Mail dpeters@kidskonnected.org "Palm Springs Support Group" Our bi-monthly Support Group Sessions are at the core of our comprehensive program. In this program, kids meet face to face in age-specific, groups to discuss how a parent's cancer is impacting their lives. The group atmosphere is conducive to healing, as the children share in one another's strength and in turn realize their own strength. .. It is critical for the child's progress, that issues are discussed in a manner appropriate to the child's age and comprehension skills. For this reason, we offer assistance in three age groups (4-7, 8-13,14-18) plus the parent's group. The children meet to share their feelings and gain strength from one another. Groups are facilitated by licensed professional therapists and assisted by our Youth Leaders. Our Youth Leaders are teens that have already lived through the experience of a parent with cancer and have utilized Kids Konnectedservices for over one year. Each Youth Leader is required to go through a 3-day training course twice a year where they learn Inland Empire Affiliate Grant Cycle 2007 - 2008 Page 1 af6 basic counseling skills. Our Director of Clinical Services coordinates the efforts of the Youth Leaders and the licensed professional therapists. Medical professionals attend on occasion to answer questions and to help explain medical terminology in a language that can be understood. While the children are in their group, the parents convene for their own session, which is also facilitated by a licensed professional therapist. It is critical to give the parents the tools to assist their children in identifying and coping with the difficult emotional issues they are experiencing. In addition, the parents discuss their own anxieties and fears as their breast cancer affects their role as parents. Parents need the companionship and support of other parents who face the same difficult questions, such as discussing treatments with children, discussing the possibility of death and maintaining their parental role during breast cancer treatment. The Foundation for Community and Family Health Grant Amount $105,878 Olivia Swift-Ford, RN, MHA Phone (951) 270-0536 Fax (951) 270-0511 E-Mail Olivia@communityandfamily.org "Breast Health Detection Program" This project is designed to provide free breast cancer screening and diagnostic services for low income, uninsured and underinsured women under age 40 living in the Inland Empire. The primary objective of the Breast Health Detection Program is to significantly increase the number of women under 40 who receive necessary breast cancer screening services and diagnostic services. This multi-faceted Program depends on the joint partnership efforts with Corona Regional Medical Center, and local authorized providers in Corona and Norco. Working together, significant steps will be made in teaching women about the benefits of screening and early detection. The Program strives to combat breast cancer by expanding the number of free screening and diagnostic services for breast cancer and referral to quality treatment services in the Inland Empire. Desert Cancer Foundation Grant Amount $50,850 Peggy Bilous, Executive Director Phone (760) 773-6554 Fax (760) 773-6532 E-Mail pbilous@desertcancetfoundation.org "Suzanne Jackson Breast Cancer Fund" Suzanne Jackson Breast Cancer Fund (SJBCF), administered by Desert Cancer Foundation (DCF), provides screening at no cost to uninsured low income residents of the Coach ell a Valley. Eligibility for the free screening(s) is based on household income not exceeding 200% of current Federal Poverty Level. Clients must be referred by a clinic or medical provider for their first service. Annual follow-up Inland Erripire Affiliate Grant Cycle 2007 - 2008 Page 2 of 6 screenings are provided for those clients who were referred for an initial screening in the past. Unlike State funded programs, there is no limitation on age (Every Women Counts requires that an applicant be 40 years or older). The program provides (as needed) mammograms (unilateral and bilateral), ultrasounds (unilateral .and bilateral), clinical breast exams, digitization for Screening and Diagnostic CADs, cyst aspiration, core biopsy, stereotactic biopsy, wire localization, Lymphoscintigraphy, Fine Needle aspirations, and Ductograms. Pathology and Radiology services related to the screenings are also covered by the Fund. Inland Agency Grant Amount $146,601 Becky Foreman, Executive Director Phone (951) 697-6565, ext 223 Fax (951) 697-6564 bforeman@inlandagerlcy.org 'Women's Health Initiative" The expansion of the 'Women's Health Initiative" project will provide breast c~ncer. screening for eligible women age 39 and younger in Riverside and San Bernardino Counties. Inland Agency, a non-profit community based organization, will administer this project. Inland Agency's current program, "Desert Sierra Partn(ilrship Promoting Breast and Cervical Health (DSP) is Cancer Detection Program; EV(ilry\tVoman. Counts ( CDP:EWC) funded by the California Department of Health Services, Cancer Detection Section, whose purpose is to provide breast cancer screening for eligible women age 40 and over. Inland Agency has successfully administered the DSP program since 1995. The 'Women's Health Initiative" (WHI) program will continue to offer this unique service to high-risk women age 39 and younger. This project will continue to provide breast cancer screening and diagnosis for women based on the following criteria: 1) under age 40; 2) has an identified breast problem andlor a family history of breast cancer; 3) is uninsured or underinsured; 4) meets the 200% Federal Poverty guidelines; and 5) resides in Riverside or San Bernardino Counties. Inland Agency will partner with St. Mary Medical Center and utilize St. Mary Bright Futures Mobile Van for individuals living in Adelanto, Apple Valley .and surrounding areas; Dr. German Crisol and Riverside County Regional Medical Center for individuals living in Moreno Valley and surrounding areas; Dr. Josolito Babaran and Arrowhead Regional Medical Center for individuals living in Ontario, and the surrounding WestSan . . Bernardino County Valley; Dr. Julio Martinez and the Lucy Curci CanCerCehter for. individuals living in .lndio and the surrounding areas. Inland Agency will provide .... professional training to clinic staff, and will reimburse clinics for progr;:lmcosts. When cancer is detected, women will be navigated into a free treatment program. A minimum of 150 women will be served. . The Women's Health Initiative" program will be widely promoted through a variety of sources including direct healthcare Provider contact (including over 80 CDP:EWC providers) through clinical site visits, telephone calls, and mailers.. Our Health Educator will coordinate the efforts of our outreach workers to assist with promotion of the program. Sub-group Coordinators in the Coachella Vall(ilY and other volunteers will outreach in churches, beauty sellons, health fairs and through other community Inland Empire Affiliate Grant Cycle 2007 - 2008 Page 3 of6 venues. Marketing through presentations and flyers will alert other healthcare providers and community partners about the program. The Clinical Coordinator will assist providers and patients through the enrollment and screening/diagnostic process. If a patient is diagnosed with breast cancer, the clinical staff will facilitate via the providers the appropriate referral for treatment. Every effort will be made to expedite the screening and diagnostic services for each patient. The program will use a payment system based on Medi-Cal rates and accepted by the medical providers. The program will reimburse providers for the following services based on Medi-Cal or best negotiated rates: 1) clinical breast exam; 2) mammogram; 3) ultrasound; 4) biopsy charges including anesthesia, surgery and pathology; 5) pre-op testing including EKG, chest x-ray, and labs; 6) immunocytochemistry; and 7) associated office visits and facility charges. Michelle's Place Grant Amount $153,936 Kim Goodnough, Executive Director Phone (951) 304-1280 Fax (951) 304-1279 E-Mail info@mic:hellesplace.org "Care Coordinator Project" The Care Coordinators program began April of 2004, when Michelle's.Place, The Breast Cancer Resource Center received grant funding from the Inland Empire Affiliate of the Susan G. Komen Foundation. Almost three years later, more than 2,873 women have been accepted into the Care Coordinators program. We have facilitated in the diagnosis of 25 cases of breast cancer. 20 of these women were less than 40 years old. Another 2,000 women were provided education, resource information, guidance and support through our Center and funding from the Susan G. Komen Foundation. The care coordinator project provides breast health services to women who are uninsured, less than 40 years old and have a symptom of breast cancer. The program offers free access to a qualified nurse care coordinator, complete initial clinical needs and assessment at time of enrollment, education regarding disease prOceSS, treatment modalities and psycho-social issues, a provider liaison to ensure timeliness of appointments and care, referrals to community resources and insurance/claim assistance. Since breast cancer is generally treated on an outpatient basis, clients are bft~nin need of direction during the treatment process and benefit greatly from outpatient care coordinating. The Care Coordinators program provides a personal coordinator to each client enrolled in the program. In April of 2004, Michelle's Place hired Michele Broad, CNP to act as the Care Coordinator. Since that time, Ms. Broad has !)erved as the Care Coordinator. Her mission is to interact with the client and the provider team Inland Empire Affiliate Grant Cycle 2007 - 2008 Page 4 of6 to coordinate client care. Clients are discharged only after entering a regular follow-up program. Care Coordinators program services include: . Free access to a qualified nurse care coordinator throughout treatment. . Complete initial clinical and needs assessment at time of enrollment. . Individualized plan of care. . Education regarding disease process, treatment modalities and psycho-social issues. Materials are mailed as needed. . . Provider liaison to ensure timeliness of appointments and care. . Referrals to community resources. . Facilitates free diagnostic services . Insurance/claims assistance. . Basic needs resources including transportation, in home services, meals and other support services. Neighborhood Healthcare Grant Amount $ 53,790 Iza Estrada, Community Health Programs Manager Phone (951) 600-6300 E-Mail izae@nhcare.org "Breast Health Access Program" The Breast Health Care Access Program will target women living in. the ~outlJwest Riverside County area who are medically underserved. The goal of the program is to increase the number of Southwest Riverside County women who understand the importance of regular breast exams, receive recommended annual clinical breast exams & mammograms, and receive subsequent treatment where indicated. For women ages 40 and over, CBEs will be provided at Neighborhood Healthcare - Temecula community health center. Mammograms will be provided by Temecula Valley Imaging. For women with abnormal results, surgical consults will be with surgeons in Murrieta, Corona, Moreno Valley and Riverside. Neighborhood Healthcare will provide translation services for patients seeing these surgeons. For women under age 40, services will be provided through Michelle's Place in Temecula. Outreach/education will be conducted in the communities of Temecula, Anza, Murrieta, Winchester, and other communities receiving their healthcare at Neighborhood Healthcare in Temecula. For the new cycle of the Susan G. Komen grant from April 1 , 2007 through March .31, 2008, Neighborhood Healthcare would like to increase the number of women 40 years and older who are seen at the weekly breast clinic. CBEs, referrals fol' ma'mmograms and breast health education are offered at the clinics. There is capacity to serve 60 women a month. . We will refer to Michelle's Place in Temecula woman less than 40 years of age with no insurance for their breast exams. Michelle's Place is located fiVe miles from Neighborhood Healthcare and is funded through Susan G. Komen to assist these women by providing CBEs, mammograms and ultrasounds. When clients are referred. Inland Empire Affiliate Page 5 of 6 Grant Cycle 2007 - 2008 to a surgeon through Michelle's Place because of an abnormal result from their ultrasound, mammogram, or biopsy and are Non-English speaking patients, Claudia Perez, the Program Specialist for breast health at Neighborhood Healthcare - Temecula will meet them at their appointments to provide translation services. As of January, 2007 the surgeons located in the Welch Center in Murrieta providing surgeon services for women with abnormal results will no longer see patients that don't have a translator with them so the program specialist will accompany patients needing a Spanish translator. Transportation assistance will be provided for women with transportation challenges through gas vouchers for surgical appointments and bus tokens for health center and mammogram appointments in Temecula. Quinn Community Outreach Corporation Grant Amount $ 65,500 Eudora Mitchell, Project Director Phone (951) 485-3734 Fax (909) 485"4031. . E-Mail eudoramitchell(Q)hotmail.com "Southern California WitnesslEsperanza y Vida Projects" The Southern California Witness/ Esperanza y Vida Projects (SCW/EyVP) are . modeled after the breast cancer-screening project sponsored by Arkansi'ls Division of the American Cancer Society. The SCW/EyVP are affiliated with the National Projects in partnership with the Roswell Park Cancer Institute and Mount Sinai School of Medicine. The SCW/EyVP has adapted the goals of the National Projects to r;neetthe needs and unique demographics of Southern California by directly addressing the cultural barriers, fears and lack of information contributing to the high rates of breast cancer for African American and Latina women. This is accomplished through three key components of the projects - Knowledge, Action, and Support Inland Empire Affiliate Grant Cycle 2007 - 2008 Page 6 of 6 KOMEN FOR THE CURE Attachment F 2007 Sponsorship and Funding Agreement SPONSORSHIP AND FUNDING AGREEMENT BETWEEN THE CITY OF TEMECULA AND INLAND EMPIRE AFFILIATE OF SUSAN G. KOMEN for the CURE This Agreement, made this 24th day of Julv. 2007, by and between the CITY OF TEMECULA, (hereinafter referred to as "City"), and THE INLAND EMPIRE AFFILIATE OF SUSAN G. KOMEN for the CURE, a California nonprofit corporation (hereinafter referred to as "IESGKC"). A. IESGKC will operate the "Inland Empire Affiliate of Susan G. Komen for the Cure" on October 21,2007. The Komen for the Cure is a special event located at The Promenade Mall in Temecula, corner of Ynez and Winchester Road. The event includes Women's and Coed 5K RunlWalks, a Family One-Mile Fun RunlWalk, live entertainment, exhibits, Kid's Expo, Komen Expo, Sleep in for the Cure, and Breast Cancer Survivor Tribute." The 2006 Inland Empire Komen for the Cure attracted 10,544 race participants, 424 Sleep-In for the Cure participants, 541 breast cancer survivors and 700 volunteers. In 2006/2007, the Inland Empire Affiliate funded $535,000 to local community programs for the medically underserved in Riverside and San Bernardino counties. In addition, $181,942 was awarded to the Susan G. Komen Award and Research Grant Program. B. The City of Temecula desires to provide Community Services Funding and city-support costs of Public Works, Fire and Police and promotional services for the 2007 Inland Empire Affiliate of Susan G. Komen for the Cure. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. In exchange for providing for the Inland Empire Affiliate of Susan G. Komen for the Cure of approximately $13,708 for all city-support costs of Public Works, Fire and Police as listed in Attachment A - 1, and approximately $11,292 in promotional services, listed in Attachment A - 2, the City of Temecula shall receive the benefits as listed in Attachment A - 3. B. The Community Support Funding of $25,000 cash will be allocated to pay for breast exams, counseling and other services for under served Temecula citizens. In 6 months and again in 12 months following the Inland Empire Komen for the Cure, the IESGKC will provide a general summary report on how funds were expended and what clinics/health agencies received funding and that funds were used for under served Temecula residents. Upon request, City staff may audit the supporting documentation from the IESGKC. C. Within 60 days following the Inland Empire Komen for the Cure, IESGKC shall prepare and submit to the Assistant City Manager a written report evaluating the Komen for the Cure, its attendance, and describing the materials in which the City was listed as a financial supporter. The report should also include samples of media press clippings, flyers, pamphlets, etc. in a presentation notebook format. D. The IESGKC shall file Temporary Use Permit, Special Event Permit applications and provide certificates of insurance with the City of Temecula 30 days or sooner preceding the day of the Komen for the Cure event. E. IESGKC agrees that it will defend, indemnify and hold the City and its elected officials, officer, agents, and employees free and harmless from all claims for damage to persons or by reason of IESGKC's acts or omissions or those of IESGKC's employees, officers, agents, or invites in connection with the Inland Empire Affiliate Susan G. Komen for the Cure to the maximum extent allowed by law. F. IESGKC shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and rnaintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability in which the City is named insured or is named as an additional insured with IESGKC and shall furnish a Certificate of Liability by the City. Notwithstanding any inconsistent statement in the policy or any sUbsequent endorsement attached hereto, the protection offered by the policy shall; 1. Include the City as the insured or named as an additional insured covering all claims arising out of, or in connection with, the Inland Empire Affiliate of Susan G. Komen for the Cure. 2. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with Inland Empire Affiliate of Susan G. Komen for the Cure. 3. Provide the following minimum limits: (A) General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. (8) Worker's Compensation Insurance as required by the State of California and Employer's Liability Insurance. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Worker's Compensation Insurance is required only if Inland Empire Affiliate of Susan G. Komen for the Cure employs any employees. 4. The insurer shall agree to waive all rights of subrogation against the City, its officer, officials, employees and volunteers for losses arising from the Inland Empire Affiliate of Susan G. Komen for the Cure. 5. Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6. If insurance coverage is canceled or, reduced in coverage or in limits the IESGKC shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 7. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or IESGKC shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. G. Should any litigation be commenced between the parties, hereto, concerning the provisions of this Agreement, the prevailing party concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. DATED: THE INLAND EMPIRE AFFILIATE OF SUSAN G. KOMEN FOR THE CURE CITY OF TEMECULA BY: Leslie Doherty Race Chairperson Inland Empire Affiliate of the Susan G. Komen for the Cure 26765 Madison Ave., Suite 108 Murrieta, CA 92562 Chuck Washington Mayor ATTEST: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney KOMEN FOR THE CURE Attachment A-I Estimated City Support Services and Costs Based on the input from City departments we received estimated cost projections for the 2007 Inland Empire Susan G. Komen for the Cure. The following expenses can be anticipated for this event: Police: Fire: $ 5,898 1,500 5,350 960 Public Works: Code Enforcement: Community Services: TOTAL: No Cost $13,708 KOMEN FOR THE CURE Attachment A - 2 Value of Promotional Services Provided by The City of Temecula The estimated cost value for promotional services provided by The City of Temecula for the 2007 Inland Empire Affiliate of Susan G. Kamen for the Cure is as follows: Item Display of Existing Kamen Street Banners along Rancho California & Winchester Roads Event Listing in City Newsletter Mailed to Residents Event Listing on City Website Event Listing on Temecula Auto Mall Marquee Event Listing Displayed at City Council Meeting Broadcasts TOTAL: Value 6,000 1,000 1,000 3,000 292 $11,292 KOMEN FOR THE CURE Attachment A - 3 Sponsorship Benefits In exchange for providing $25,000 cash and approximately $13,708 for all city- support costs of Public Works, Fire and Police and City promotional services valued at $11,292 for the 2007 Inland Empire Affiliate of Susan G. Komen for the Cure, the City of Temecula shall receive the following benefits. . City log%r name will appear on flyers, advertisements, and program relating to the event. . The City log%r name will appear on event t-shirts, posters, banners and promotional items relating to the 2007 event. . Recognition at Awards Ceremony . Free booth space at event: lOx 10 booth space for City booth at Expo and lOx 10 booth space for the Imagination Workshop Children's Museum at the Children's Expo . 4 City banners displayed . City name on all press releases . Complimentary team photo . Complimentary Sponsor Appreciation Dinner tickets (10) . Commemorative sponsor award . City logo/name on Inland Empire Web Site . 10 Race entries and tee shirts . Logo in "Thank You" ad I~-- . , II ITEM NO.8 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager ~ IJIZ (JQ." CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: July 24, 2007 SUBJECT: Accept Offer of Dedication and execute a Quitclaim Deed whereby the City grants to Riverside County Flood Control and Water Conservation District (RCFC&WCD) a drainage easement for the Royal Crest Place Storm Drain (Tract Map No. 24188-3- Paseo Del Sol Development) PREPARED BY: Dan York, Deputy Director of Public Works/City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE OFFER OF DEDICATION AND EXECUTING THE QUITCLAIM DEED WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC&WCD) A DRAINAGE EASEMENT FOR ROYAL CREST PLACE STORM DRAIN (TRACT MAP NO. 24188-3) BACKGROUND: The Royal Crest Place Storm Drain (aka AD. 159 Butterfield Stage Road Calle Mariposa Storm Drain) has been completed and Riverside County Flood Control & Water Conservation District is prepared to accept the storm drain for maintenance in accordance with the terms of the Cooperative Agreement, executed on March 4, 2003 by the District, the City of Temecula, and Temecula Valley, LLC. The majority of the storm drain improvements are located within the public street right-of-ways of Royal Crest Place and Butterfield Stage Road (Crowne Hill Tracts 23143-1 and 23143-9). The storm drain outlet, however, is located at the west side of Butterfield Stage Road within Tract 24188- 3. The recorded Tract Map 24188-3 included a drainage easement located within Lot 104 to accommodate the outletforthe Royal Crest Place Storm Drain. The easement is more specifically described as the "Flood Control Storm Drain Easement Dedicated to the City of Temecula" for construction and maintenance of drainage facilities. Atthe time of map recordation, the City did not accept the offer of dedication of the storm drain easement. I n order for the District to accept the storm drain for maintenance the City needs to accept the offer of dedication of said drainage easement and execute the attached quitclaim deed conveying the drainage easement to the District. With the approval of this resolution, the drainage easement as shown within Lot 104 of Tract 24188- 3 will be formally accepted by the City. Upon City Council acceptance of the drainage easement and execution of the quitclaim deed the quitclaim deed will be forwarded to Riverside County Flood Control & Water Conservation District and County of Riverside Board of Supervisors for their approval. FISCAL IMPACT: The City will be relieved of maintenance responsibility. ATTACHMENTS: Resolution No. 2007_ Quit Claim Deed and Plat labeled Attachment 1 RESOLUTION NO. 07-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE OFFER OF DEDICATION AND EXECUTING THE QUITCLAIM DEED WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION D!STRICT (RCFC&WCD) A DRAINAGE EASEMENT FOR ROYAL CREST PLACE STORM DRAIN (TRACT MAP NO. 24188-3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: A. Royal Crest Place Storm Drain, Project 7-0-0409 was constructed within Royal Crest Place and Butterfield Stage Road to convey storm runoff from Tracts 23143-1 and 23143-9 (Crowne Hill) to a storm drain outlet at the west side of Butterfield Stage Road within Lot 104 of Tract 24188-3 (Paseo Del Sol); B. An Offer of Dedication for a drainage easement 'Flood Control Easement Dedicated to the City of Temecula' was made by the owners of Tract 24188-3 to accommodate the construction and maintenance of said storm drain outlet but was not accepted by the City at the time of map recordation; C. Riverside County Flood Control and Water Conservation District is prepared to accept the Royal Crest Place Storm Drain for maintenance in accordance with the terms of the Cooperative Agreement, executed on March 4, 2003 by the District, The City of Temecula and Temecula Valley, LLC., including said drainage easement within Lot 104 of Tract 24188-3; D. Accepting said Offer of Dedication for a drainage easement within Lot 104 of Tract 24188-3 and executing the quitclaim deed to convey the drainage easement to the Riverside County Flood Control and Water Conservation District is necessary to comply with the terms of the Cooperative Agreement and serves the public interests. WHEREAS, The City Council of the City of Temecula hereby desires to accept said Offer of Dedication and execute the quitclaim deed all as attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts said Offer of Dedication and execute the quitclaim deed all as attached hereto. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of July, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of July, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk Recorded at request of, and return to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 NO FRR ((',oV rODR 01 01\ City of Temecula-Royal Crest Place Storm Drain Project No. 7-0-0409 Tract Nos. 23143-1 & 9 Parcel No. 7409-500 SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declares(s) DOCUMENTARY TRANSFER TAX NONE 0UITCLAIM DEED The CITY OF TEMECULA, does hereby remise, release, and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT all right, title and interest in and to easement, situated in the County of Riverside, State of California, described in: Parcel 7409-500 The flood control storm drain easement for construction and maintenance of drainage facilities as shown in Lot 104, described in Book 396, Pages 33 through 40 inclusive, records of the Recorder's Office, Riverside County, State of California, as shown as Attaclnnent 1, attached hereto and made a part hereof. CITY OF TEMECULA, a municipal corporation: Date By: Chuck Washington, Mayor ATTESTS: Susan W. Jones, MMC, Clerk to the City ofTemecula By: City Clerk (SEAL) CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the quitclaim deed dated from the CITY OF TEMECULA to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT is hereby accepted by the undersigned officer pursuant to authority conferred by resolution of Board of Supervisors of said District adopted on May 12, 1961, and the grantee consents to the recordation thereof by its duly authorized officer. Date By: WARREN D. WILLIAMS, General Manager-Chief Engineer ~'lIWl ~ 4 ~ .C'lI""J ~ .-" 1.R"tK-1 ~ ,o.~ -41 ~\ ""_.:.-./' oJ 'I' : .g-t.~\ . . 8' 3fMS 81 ,-<.,f171IJlGl./M ~''l .,., \~ .. I! ~ ,i )"') I .1l"~1.H~~ ~ IGdO NtJI'Iito:) ""'" ~ I . "ll.t."'..(~. "- _ .,nti< ....i._ f!1r'" _~IJL~-- ~ . ..,rii:i...-' +-<' .......' .<=.~ . --.....,_...=-..._______ ..,--' l:1 > ~ ~ ~,.,.,.~l!'I ~F.tmr-'" 1 ,.it' 1 ,,~--"r:--:;- _u.......- --~.1!' .------- !~I a' ! ~ ~ ~!€f. . II J..",__ - · I 8: ~ ~ : ~ ~ 13 ~(~ d~\ /- ~,~ ~ I~ f' ~I It fj~ ~-----/8):!':!'" .......... ~~:'. \ ,/ ~r-' \~~ f. ~ ti S ~ . ''''.Ii&,- .~. ~ ~ ,,~. ,,/ ".e;?, ., !J i ~ f I~ ~d. -- 8> '- I e 8' ~~ll! '''~J''I''''~~ h ~ Ii ~ ~ ~~; i Il' --, ll! . /l~ ~ 'f ; . ." ~I~~I':' ....&. . ~. _I ...~ .~.? -~ ._" "ill ~ /"""1iJUM':iiW · ~~. ~, ,,$?U7~.-~ ~ 7 ~ · i Attachment 1 IN TIlE cnY 01' ~ (X)IJNn' 01' I/N!RSIDE". 5TIIl'IO 01' QUJFORNIA TRACT NO. 24188-3 ,. .,.. . ""W IJ/W>>' _u .' u_ 81 ., 1 1 ~I ;-1 ~I ..... b . i' lo N0.5"51'JJ"E 7.,JiI' ~ ~ 51 r- ~ \'I ~ ,~ t~... ~ 3'0\ ././ :\ ~ $&1;."'''~~' N0706'59.W I f NV:gJ'O'.' ..l&"M' -,.. flt)./ FL=~ JUB.' - - - "VJ~/ EASEMENT DED/CATf7) !i!. " ~ ~ TO THE CITY OF TEIIEClJ/.A ~ Q: -S N -... C) -... .~ i ~ I ~. LI 104 COMMON OPEN SPACE ,. ~ ,...: ~ ,~ ..., -~ ~ " ~ " ...., ~ ;l, ~! ~ 8 i 'i? ~, I~-- . , II ITEM NO.9 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager ~ /JJ2 (J(0 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: July 24, 2007 SUBJECT: Award Contract for Replacement of Overhead Street Name Signs Route 79 South - Project No. PW06-13 PREPARED BY: Ali Moghadam, Principal Engineer - Traffic RECOMMENDATION: That the City Council: 1. Award a contractto DBX, Inc. to furnish and install Internally Illuminated Street Name Signs (IISNS), mast arms and sign equipment on Route 79 South, in the amount of $67,300.00 and authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $6,730.00, which is equal to ten percent (10%) of the contract amount. BACKGROUND: In January 2005, the California Transportation Commission (CTC) approved a resolution to relinquish portions of Highway 79 South to the City of Temecula. In March 2006, the City Council adopted Resolution No. 06-32, authorizing the renaming of Highway 79 South to Temecula Parkway. The resolution identified October 1,2007 as the effective date for the name change. The roadway renaming includes changing freeway guide signs on Interstate 15, changing advance street name signs and replacing overhead street name signs on traffic signal mast arm poles. In an effort to expedite the replacement of the overhead street name signs, staff solicited quotes from the following three contractors who are experienced at installing and replacing traffic signal equipment. DBX, Inc. Republic ITS HMS Construction Inc. $67,300.00 $90,800.00 $120,000.00 Staff has reviewed the quotes provided by all three contractors. DBX, Inc. has extensive experience performing traffic signal related projects for other agencies as well as the City of Temecula. Awarding the contractto DBX, Inc., will insure the timely replacement of the overhead street names signs along Highway 79 South. Following the issuance of the Notice to Proceed, the signs can be procured in approximately six (6) to eight (8) weeks. It is anticipated that the installation of the signs can be completed within two (2) weeks after delivery of the signs. FISCAL IMPACT: The Interstate-15 Sign Replacement - Temecula Parkway Name Addition to Highway 79 South is a Capital Improvement Project funded through Capital Project Reserves. The total cost to furnish and install Internally Illuminated Street Name Signs is $74,030.00, which includes the contract amount of $67,300.00 and a 10% contingency amount of $6,730.00. Funds are available for this project in Accl. No. 210-165-641-5804. ATTACHMENTS: 1. Location Map 2. Contract " ., '''{y V-"ll'~~O %., \ ,,~, . % .. 9i11yJo~~ ~e" '&- . ~ . ~ .~ - ~ (i' ',L fI../'. c,.o%e....~ ,& . ,.I~' .s: Ii. It' ~ .\ ~'~~.!P ..,..". ...,. <;2.1l . ',', ~ -!'t> f/!o~->" -'Q. l, \ tt> '1 . S" . {>- \\ "i\ a.b~ ~~<lI'l'<>I'''61' ',', o P~ SC<I- . oll~ e Contento o to 10 ~ ~ \ .,~ ~~Jekt 51...;)0 R<l '*- % '!;, 1, \ <;Jt.W'i #'. ~01J " Q ",/ i 1'1><\<. /i> C> , ' ~ LlJ ~. :to '. ii, ~ Li- , ; rc .,~, i,," 1! CJ :'$~#,,'6 _ ',\ ,--""< (!) . '{I,.."t~~~ . ~'.l..n a:; ,&-A'P~ f>c""- '. UJ <$ .:? " c. o $. .JQ <( z ~J:!. L..... o _. 1lI :i l<. l) Ql C ~ b'" ~~ ,"IP t>-'\) ~.y ~c (;~ ~ . ..'\,1' \. ',$M wO'%, ~" . . ~ "",,\'~Jb ...0&'(-::1 '1\ '" q .G- l', ~ 'I,';. '" t:':\... -Q 'Y\ c ~ ." <!-~.\>- ..', % 't> b ~ ."J '%pr;r 0 I' 1h ' . .i{ if 'j ., ~. CO ' .' ->.0.., '" .. ,j,'? / .::.'11 ./ 1/ -{i. :i11eo,~~"'. ~ p ~ ~'If"f, ~ ~ 0.- " ., s .2 " c: '" lr '*- '?" .'l. \ % ~ .\ 'll\l'"j.I\~ S '<;j" '\H'I- .'1 ~ tf! .fJ:'~'>lA '<' ~ty " m:E .., <lJ " <n 'O~ e.. -g. .~ "-; ~, :; .,or CI"~! %. \ "t> % ., '" i Q. " \, '\ il. .", $.. '14<;, ~ ,/' l "," q# J!i 0: ~ il. 'I> "- <t '\- ." " "" ~ . 4> '" ~ t. ~ "7 "/.1 ' ""t~ '\. ~ -%,>~ e.,y& .iY.o,o ..; 0'0 w--z >< ~,@ '" fd i ii Q ~ o c. ~ o U '" o ~ e J. ~ Jt@ <[ III ~ E Pl:l ,..~Ia~Valll}yJ=-WY..., 9 ...r-~.-" . ,,- ..f"""l!' \:; \' J !!i 5 PURCHASE AND INSTALLATION CONTRACT BETWEEN THE CITY OF TEMECULA AND DBX, INC FOR REPLACEMENT OF OVERHEAD STREET NAME SIGNS ON ROUTE 79 SOUTH PROJECT NO. PW06-13 THIS PURCHASE AND INSTALLATION CONTRACT, made and entered into as of July 24, 2007 by and between the City of Temecula, a municipal corporation ("City") and DBX, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Term. This Contract shall commence on July 24, 2007 and shall remain and continue in effect until July 24, 2008 unless sooner terminated pursuant to the provisions of this Contract. 2. SCOPE OF WORK. On and subject to the terms and conditions set forth in this Contract and the Contract Documents, Contractor agrees to manufacture, sell, deliver and install ("Work") replacement overhead street signs ("Equipment") on Route 79 South, as more particularly described in Exhibit A ("Work"), attached hereto and incorporated herein as though set forth in full. Contractor shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the City. 3. PAYMENT. a. The City agrees to pay Contractor the purchase and installation price in accordance with the payment rates and schedule and terms as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A other than the Payment Rates and Schedule of payment are null and void. This amount shall not exceed Sixty Seven Thousand Three Hundred Dollars and No Cents ($67,300.00) for the total term of the Contract. b. Contractor shall not be compensated for any services rendered in connection with its performance of this contract which are in addition to those set forth herein. c. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of contractor's fees it shall give written notice to Contractor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 1 R:ICIPIProjeclsIPW06-13IAgreemenlsIDBX Signs Install PW06-13 4. Reoresentations and Warranties of Vendor. Contractor makes the following representations and warranties to City: a. Authoritv and Consents. Contractor has .the right, power, legal capacity and authority to enter into and perform its obligations under this Contract. No approvals or consents of any persons are necessary in connection with Contractor's execution, delivery, installation and performance of this Contract, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Contract by Contractor have been duly authorized by all necessary action on the part of Contractor and constitute the legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with their respective terms. b. Title and Ooeratina Condition. Contractor has good and marketable title to all of the Equipment manufactured and installed. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Contract Documents. Contractor is aware the City is purchasing the Equipment for use as street name signs and that City is relying on Contractor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Full Disclosure. None of the representations and warranties made by Contractor in this Contract contain or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 5. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Contract. 6. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be fumished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. If, in the determination of the City, the Work or Equipment fails to conform to the Contract in ANY MANNER OR RESPECT, City shall so notify Contractor within ten (10) days of delivery or installation. Failing such notice, the Work and Equipment shall be deemed accepted by City. 7. DELIVERY AND INSTAllATION. a. Deliverv: The date and time of delivery of the Equipment shall be on or before October 1, 2007. The Equipment shall be delivered to the following location: 43210 Business Park Drive, Temecula, CA 92590. 2 R:ICIPIProjeclsIPW06-13IAgreementsIDBX Signs Install PW06-13 b. Installation: Contractor agrees to complete the Work on or before October 1, 2007 commencing with the delivery of the Equipment and a notice to proceed from the City. The Work shall be subject to a final inspection and testing by the City or its authorized representatives pursuant to Section 8. REJECTION. In the event of such notice of non-conformity by City pursuant to section 6, City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder of the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Contractor and, in the event that expenses are incurred by City in following such instructions, Contractor shall indemnify City in full for such expenses. . 9. NO REPLACEMENT OF CURE. This Contract calls for strict compliance. Contractor expressly agrees that both the Equipment and Work tendered and the tender itself will conform fully to the terms and conditions of the Contract on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Contractor or engage in subseq uent efforts to effect a cure of the original tender by Contractor. 10. WAIVER OF CLAIMS. On or before making final request for payment under Section 3., above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Contract with each claim for payment. 11. CONTRACT DOCUMENTS. a. This Contract includes the following documents, which are by this reference incorporated herein and made a part thereof: Scope of Work and/or Equipment Description from Request for Quotes obtained in May, 2007, attached hereto as Exhibit "A". b. In the event any term or condition of the Contract Documents conflicts with or is contradictory to any term or condition of the Contract, the terms and conditions of this Cohtract are controlling. c. In the event a conflict in terms between this Contract, the quotes and/or the Contractor's response to the quote, this Contract shall prevail over the quote and the Contractor's response to the Request For Quotes. 12. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at htta://www.dir.ca.oov Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 3 R:ICIPIProjectsIPW06-13\AgreementsIDBX Signs Install PW06-13 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 13. SUSPENSION OR TERMINATION OF CONTRACT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Contract, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Contract, unless the notice provides otherwise. If the City suspends or terminates a portion of this Contract such suspension or termination shall not make void or invalidate the remainder of this Contract. b. In the event this Contract is terminated pursuant to this Section, the City shall pay to Contractor the actual vaiue of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Contract pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 14. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Contract shall constitute a default. In the event that Contractor is in default for cause under the terms of this Contract, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Contract immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Contract, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Contract, to terminate this Contract without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Contract. 15. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, District and/or Agency its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, District and/or Agency its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Contract, excepting only liability arising out of the sole negligence of the City. 16. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. 4 R:\CIP\Projects\PW06-13\Agreements\DBX Signs Install PW06-13 a. Minimum Scooe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage CG 00 01118588.. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this contract, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the req uired occurrence limit. (2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. (3) Workers Compensation: as required by the State of California Employers Liability: One million ($1,000,000) per accident for bodil~ injury or disease. 5 R:ICIPIProjectsIPW06-13\AgreementsIOBX Signs Install PW06-13 c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, empioyees or voiunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this Contract shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no .Jess than A:VII, unless otherwise acceptable to the City. f. VerifiCatiOn of Coveraae. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to 6 R:ICI PIProjeclslPW06-13\AgreemenlsIDBX Signs Install PW06-13 be on forms provided by the City. All endorsements are to be received and approved by the . City before work commences. As an altemative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. Contractor, by executing this Contract, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 17. INDEPENDENT CONTRACTOR.. a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Contract on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Contract. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. - a. No employee benefits shall be available to Contractor in connection with the performance of this Contract. Except for the fees paid to Contractor as provided in the Contract, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 18. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Contract. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 19. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 20. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering 7 R:ICIP\Projecls\PWOS-13IAgreemenlsIDBX Signs instali PW06-13 disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 21. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 22. UTILITY LOCATION. City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 23. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 24. INSPECTION. The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture, construction, delivery and installation and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 25. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 26. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Contract must be in writing and may be given either by (i) personal service, (iI) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iil) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City via U.S Mail: City of Temecula POBox 9033 Temecula, CA 92589-9033 Attn: City Manger To City via Courier Service: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: DBX, Inc. 42066 Avenida Alvarado, Ste C Temecula, CA 92590 Atln: Jim Perry, President 27. ASSIGNMENT. The Contractor shall not assign the performance of this Contract, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Contract, Contractor's sole compensation shall be payment for 8 R:ICIPIProjectsIPW06-13\AgreementsIDBX Signs Install PW06-13 actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 28. LICENSES. At all times during the term of this Contract, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Contract. 29. SURVIVAL OF REPRESENTATIONS AND WARRANTIES. All representations, warranties, covenants, and agreements of the parties contained in this Contract shall survive the execution, delivery, installation, and performance of this Contract. 30. PROHIBITED INTEREST.. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Contract, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Contract. 31. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take piace in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by the one party against the other to enforce its rights under this Contract, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 32. ENTIRE CONTRACT. This Contract contains the entire understanding between the parties relating to the obligations of the parties described in this Contract. All prior or contemporaneous Contracts, understandings, representations and statements, oral or written, are merged into this Contract and shall be of no further force or effect. Each party is entering into this Contract based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 33. AUTHORITY TO EXECUTE THIS CONTRACT. The person or persons executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. g R:ICIPIProjeclsIPW06-13\AgreementsIOBX Signs Install PW06-13 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACTOR DBX, Inc. 42066 Avenida Alvarado, Ste C Temecula, CA 92590 Phone: (951) 296-8909 Fax: (951) 296-9978 Jim Perry, President, Secretary/Treasurer James C. Perry, Vice President (Two signatures of corporate officers required) 10 R:ICIPIProjectsIPW06-13\AgreementsIDBX Signs Install PW06-13 EXHIBIT "A" SCOPE OF WORK, LOCATIONS and DESCRIPTION OF EQUIPMENT AND PAYMENT RATES AND SCHEDULE REPLACEMENT OF OVERHEAD STREET NAME SIGNS ON ROUTE 79 SOUTH PROJECT NO. PW06.13 11 R:ICIPIProjectsIPW06-13\AgreementsIDBX Signs install PW06-13 ScoDe of Work and Locations: Name change:79 South to Temecula Parkway );> Remove & dispose of the existing street name signs from the various locations indicated on list below. );> Furnish and install twenty-four (24) new 8' Internally Illuminated Street Name Signs (IISNS) mast arm clamp mount type; );> Furnish and install eight (8) new 8' IISNS-Davit arm mount type; );> Furnish and install eight (8) 10' Davit arms. );> Furnish and install all necessary conductors for the four (4) locations that are being upgraded to IISNS. All signs shall conform to Section 86-6.065, "Internally Illuminated Street Name Signs", of the Caltrans Standard Specifications dated May 2006. All sign panels shall be Green background with white lettering. The lettering size shall be 8 inch Upper case and 6 inch lower case, Series "E". The quote shall include furnishing and installing new lamps in all signs. The contractor shall be responsible for acquiring the necessary information from the City for ordering signs, such as Pole manufacture, type, spec, and size for each location. Completion of entire work shall be no later than October 1, 2007. The work may commence approximately 2 weeks prior to this date, as required by the City. The price quoted for furnishing and installing internally illuminated street name signs shall include full compensation for furnishing all labor, materi<lls, tools, equipment, removing and replacing signs and hardware, and for performing all necessary work to install internally illuminated street name signs, complete and in place at the following locations: 1. 79 South @ Western Bypass Route 79 o N/ec change to <Western Bypass Temecula Pkwy> Change panels only 8' o S/wc change to <Temecula Pkwy Western Bypass> Change panels only 8' 2. 79South @ La Paz o N/ec change sign panel from 6' to 8' IISNS panel and hardware, and install Temecula Pkwy sign legend S/wc change sign panel from 6' to 8' IISNS panel and hardware and install Temecula Pkwy sign legend o 3. 79 South @ Pechanga Parkway (currently not an IISNS) . S/ec remove existing Pechanga Pkwy sign, change to 8' sign and panel, run wire to service cabinet for IISNS, add breaker in service cabinet . N/wc remove existing Pechanga Pkwy sign, change to 8' sign and panel, run wire to service cabinet for IISNS . N/ec remove existing RTE 79 sign, change to 8' sign and panel with Temecula Pkwy legend, run wire to service cabinet for IISNS 4. 79 South @ Jedediah Smith Road (currently not an IISNS) . N/wc remove existing Jedediah Smith Rd. sign, change to 8' sign and panel installed on a Davit Arm with hardware, run wire to service cabinet for IISNS add breaker in service cabinet S/ec remove existing Jedediah Smith Rd. sign, change to 8' sign and panel installed on a Davit Arm with hardware, run wire to service cabinet for IISNS S/wc remove existing RTE 79 sign, change to 8' IISNS sign and panel with Temecula Pkwy legend, run wire to service cabinet for IISNS N/ec remove existing RTE 79 sign, change to 8' IISNS sign and panel with Temecula Pkwy legend, run wire to service cabinet for IISNS . . . 5. 79 South @ Kevin Place (currently not an IISNS) . S/ec remove existing Kevin PI> sign, change to 8' sign and panel instalied on a Davit Arm with hardware, run wire to service cabinet for IISNS, add breaker in service cabinet . N/wc remove existing Rancho Community Church> sign change to 8' sign and panel installed on a Davit Arm with hardware, run wire to service cabinet for IISNS . S/wc remove existing RTE 79 sign, change to 8' IISNS sign and panel with Temecula Pkwy legend, run wire to service cabinet for IISNS . N/ec remove existing RTE 79 sign, change to 8' IISNS sign and panel with Temecula Pkwy legend, run wire to service cabinet for IISNS 6. 79 South @ Avenida De Missiones . S/ec remove existing Avenida De Missiones> sign, change to 8' sign and panel installed on a Davit Arm N/wc remove existing Rancho Pueblo Rd > sign, change to 8' sign and panel installed on a Davit Arm with hardware S/wc remove existing 6' RTE 79 IISNS, change to 8' IISNS and panel with Temecula Pkwy legend, run wire to service cabinet for IISNS N/ec remove existing 6' RTE 79 IISNS change to 8' IISNS sign and panel with Temecula Pkwy legend, run wire to service cabinet for IISNS . . . 7. 79 South @ Country Glen Way . N/ec remove existing 6' RTE 79 IISNS, change to 8' IISNS sign and panel with Temecula Pkwylegend 8. 79 Sauth @ Margarita Raad . N/ec remove existing 6' RTE 79 IISNS, change to 8' IISNS sign and panel with Temecula Pkwy iegend . S/wc remove existing 6' RTE 79 IISNS, change to 8' IISNS sign and panel with Temecula Pkwylegend 9. 79 Sauth @ Camina Del Sal (currently nat an IISNS) .. S/ec remove existing Camino Del Sol sign, change to 8' sign and panel, run wire to service cabinet for IISNS, add breaker in service cabinet . N/ec remove existing RTE 79 sign, change to 8' sign and panel with Temecuia Pkwy legend, run wire to service cabinet for IISNS . S/wc remove existing RTE 79 sign, change to 8' sign and panel with Temecula Pkwy legend, run wire to service cabinet for IISNS 10. 79 Sauth @ Meadows / Apis . N/wc remove existing Meadows Pkwy> sign, change to 8' sign and panel installed on a Davit Arm with hardware . S/ec remove existing Apis Rd> sign, change to 8' sign and panel installed on a Davit Arm with hardware . S/wc remove existing 6' RTE 79 IISNS, change to 8' IISNS and panel with Temecula Pkwy legend . N/ec remove existing 6' RTE 79 IISNS, change to 8' IISNS sign and panel with Temecula Pkwylegend 11.79 Sauth @ Mahlan Vail . N/ec remove existing 6' RTE 79 IISNS, change to 8' IISNS and panel with Temecula Pkwy legend. Note: the sign panel on the North side will be blacked out (Shines in homeowners backyard and not visible from street) 12.79 Sauth @ Butterfield Stage Raad . N/ec remove existing 6' RTE 79 IISNS, change to 8' IISNS and panel with Temecula Pkwy legend . S/wc remove existing 6' RTE 79 IISNS, change to 8' IISNS, and panel with Temecula Pkwy legend 05(22(2007 10:02 9512%9978 DBX PAGE 01/01 o B Inc. X 42066 AVENIDA ALVARADO. SUITE C TEMECULA. CALIFORNIA 92590 (951) Z96-Sl;08 fAX 1951) 296-9978 June 22, 2007 RECEIVED JUN 2 2 2007 CITY OFII=MECULA PUBLIC WORKS DEPARTMENT City ofTemeeula Public Works Department P.O. Box 9033 Temeeula. CA 92589-9033 Artn: Richard Uribe Senior SignaJ Technician Re: NAMECB"ANGE: 79S0UTHTOTEMECULAPARKWAY Weare pleased to be providing our quote to you as follows for the above referenced project; Scooe of work o Remove & dispose of existing street name signs at various Locations o Futl\ish. & Install (25) new 8' IISNS mast arm clamp mount. type o Furnish. & Install (8) new 8' lISNS-Davit arm mount type o Fumish & Install (8) 10' Davit arms o Furnish & Jnstalluecessary conductors for (4) locations being upgraded to IlSNS TOTAL OUOTE: $67.300.00 If you havc any questions, please colttact me at (951) 296-9909. Z lIlk you, ':~~ /'fl'rY7 '-:...~'- 6{ m Perry President "AN EQUAL OPPORTUNITY EMPLOYER" Ii - I. ITEM NO.1 0 I I Approvals City Attorney Director of Finance City Manager ~ /JJ2 ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: July 24, 2007 SUBJECT: Agreement for Consulting Services between the City of Temecula and ESA Associates for the Preparation of a Supplemental Environmental Impact Report for the Temecula Regional Hospital Project PREPARED BY: Emery J. Papp, Senior Planner RECOMMENDATION: That the City Council: 1. Approve a Contract with ESA Associates to prepare a Supplemental Environmental I mpact Report (SEIR) for the Temecula Regional Hospital project in the amount of $67,500.00. 2. Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $6,750.00, which is equal to 10% of the agreement amount. BACKGROUND: The CityofTemecula prepared a Project EIR (SCH # 2005031017) for the Temecula Regional Hospital project and circulated the Project EIR for public review from September 28, 2005 through October 28, 2005. The City of Temecula certified the EIR and approved the Temecula Regional Hospital project on January 24, 2006. The EIR and project approvals were challenged in Riverside County Superior Court. On April 6, 2007 the Court ruled that portions of the final EIR for the project addressing traffic mitigation, nearby leaking underground fuel tanks, and noise were not sufficient. The issues cited in the Riverside County Superior Court ruling as requiring further analysis in a Supplemental Environmental Impact Report for the Temecula Regional Hospital project include the following: 1. Hydrology and Groundwater - Potential impacts related to an off-site leaking underground fuel tanks and contaminated groundwater plume; 2. Noise Issues - Potential impacts related to noise from construction operations and emergency vehicle siren noise; 3. Traffic/Circulation Issues - Clearly identify which traffic mitigation measures are project specific mitigation and which are cumulative project mitigation. Pursuant to the California Environmental Quality Act, the City of Temecula will be the Lead Agency and will prepare a Supplemental EIR to address the issues identified in the Court's ruling. The City of Temecula conducted a competitive bid for this project and received two proposals. Through this process, staff has selected ESA Associates to assist in preparing the SEIR for this project. FISCAL IMPACT: Payments to the consultant will be paid from a Trust Account established for the Applicant and adequate funds will be deposited into this account by the Applicant upon execution of the contract. ATTACHMENTS: Agreement for Consulting Services AGREEMENT FOR CONSULTANT SERVICES BElWEEN THE CITY OF TEMECULA AND ENVIRONMENTAL SCIENCE ASSOCIATES PREPARATION OF A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE TEMECULA REGIONAL HOSPITAL PROJECT THIS AGREEMENT is made and effective as of July 24, 2007, between the City of Temecula, a municipal corporation ("City") and Environmental Science Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 24,2007, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. A. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit Bother than the payment rates and schedule of payment are null and void. This amount shall not exceed $67,500.00 for the total term of the Agreement unless additional payment is approved as provided in this Agreement. B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement but in no event shall the total sum of the agreement exceed seventy-four thousand two hundred fifty dollars ($74,250). Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5. 7. DEFAULT OF CONSULTANT. A. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. B. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS. A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 10. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District, and/or Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 11. INSURANCE REQUIREMENTS. A. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. B. Minimum Scooe of Insurance. Coverage shall be at least as broad as: 1) C<eO 01 11 85 or 88. Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. C. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) property damage. Automobile Liability: $1,000,000 per accident for bodily injury and 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. D. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. E. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provIsions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) against whom claim insurer's liability. The Consultant's insurance shall apply separately to each insured is made or suit is brought, except with respect to the limits of the 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from the insurer, phone, fax, and lor notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. F. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. G. Verification of Coveraae. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 12. INDEPENDENT CONTRACTOR. A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION. A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 To Consultant: Environmental Science Associates Eric Ruby, Vice President/Regional Director Christopher Knopp, Project Manager 9191 Towne Center Drive, Suite 340 San Diego, CA 92122 16. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT: Environmental Science Associates Eric Ruby, Vice President/Regional Director Christopher Knopp, Project Manager 9191 Towne Center Drive, Suite 340 San Diego, CA 92122 By: Name: Title: By: Name: Title: [Signatures of Two Corporate Officers Required] EXHIBIT A SCOPE OF WORK Environmental Science Associates ("Consultant") and City Staff ("City") will perform the following tasks pursuant to the terms of this Contract: Scope of Work This scope of work has been developed based upon discussion between City and Consultant, available project and Superior Court documents and information, CEQA statute and guidelines, and assumes that all project technical studies (noise, traffic, hazardous waste), engineering, architecture, landscape architecture and land planning will be completed by others. The scope of work also assumes that all technical reports provided to Consultant are adequate for incorporation into the SEIR. Task 1 - Project Management/Coordination Project management/coordination and attendance at meetings will occur under this task. Consultant agrees to approximately 12 hours per month for project management/coordination for the duration of the project. Consultant has included costs for meetings with City staff and the project team, attendance at Planning Commission and City Council public hearings. Task 2 - Draft Supplemental EIR Consultant will prepare an Administrative Draft Supplemental EIR for review by the City and the project team. The Administrative Draft SEIR will be prepared in accordance with the provisions of Sections 15163 of the CEQA Guidelines. It will include the above outlined specific CEQA- required sections and will incorporate the balance of the CEQA sections contained in the original EIR by reference. Notice of Preparation /Initial Study / Scoping City will prepare a Notice of Preparation (Nap) for the proposed project to solicit input into the content of the SEIR. Based on the Writ of mandate, the following environmental issues have been identified in the Nap as being evaluated in the SEIR: Noise, traffic, hazardous waster and alternative sites. Consultant will attend the July 12th scoping session at no cost to the City. The City assumes responsibility for all CEQA and public hearing noticing and advertising costs. Technical studies are currently underway. Consultant will begin working on the Administrative Draft SEIR during the Nap process and submit draft sections of the document to the City before the entire document is complete to expedite review. The following outline provides the proposed organization of the Draft SEIR: Executive Summary: The executive summary is intended to encapsulate the entire Draft SEIR in order to provide a quick understanding of the project's potential impacts. It will identify, in an overview fashion, the proposed project and its objectives including any design features of the project which will be implemented. The executive summary will briefly discuss the environmental impacts associated with project implementation (whether beneficial or adverse, significant as well as insignificant), and will contain a summary analysis of the alternatives to the proposed project. In addition the executive summary will provide an overview of the court's action and how each writ of mandate issues will be addressed in the SEIR. Section 1.0 - Introduction: The introduction will include the purpose of an SEIR and procedural information. A detailed discussion of the Writ of Mandate and SEIR structure will be included in the introduction as well as a summary of the incorporation by reference process. In addition the introduction will summarize all of the impact analysis contained in the original Draft EIR. Section 2.0 - Proiect Descriotion: The project description will be based on existing information and include the project location and setting, site characteristics, project objectives and the characteristics of the project. This section will also include the requested permits and approvals for the proposed project. In addition, this section will include a discussion of the past, present, and reasonably foreseeable future projects and activities in the surrounding areas that will serve as the basis for the cumulative impact analysis. Section 3.0 - Environmental lmoact Analvsis: For each potentially significant issue identified in the NOP, this section of the SEIR will include a discussion of the environmental setting, project impacts, cumulative impacts, project design features, level of significance before mitigation, mitigation measures, and the level of significance after mitigation. The assessment of impacts will be consistent with CEQA requirements and will utilize defined thresholds of significance to determine the impacts of the proposed project. Consultant will be responsible for the preparation of the technical analysis with regard to the environmental issues identified in Task 3 below. Section 4.0 - Alternatives: A new alternative site has been identified, located at Cherry Street and Dendy Parkway at the site of the former Temecula Education Center. Several alternatives have already been developed for the project in the previous EIR and will be incorporated by reference. For the purposes of this proposal, a total of one alternative site in addition to the mandatory no project alternative will be considered in this section of the SEIR. For each alternative, a description of the alternative, consideration of the alternative's feasibility in relation to the basic objectives of the project (established by the applicant and the City), and a comparative analysis of the environmental impacts attributable to the alternative versus those associated with the proposed project for each of the environmental categories discussed above will be provided. Consideration of any further alternatives which may be required will result in modifications to the project budget. Section 5.0 - Lona-term lm,?lications of the Prooosed Proiect: Consultant will prepare the following CEQA required analysis sections: significant irreversible environmental changes and growth-inducing impacts. Section 6.0 - Persons and Oroanizations Consulted/References: Consultant will prepare this section of the SEIR to document all persons and sources that contributed to the environmental analysis. Subsequent to review by City and the project team of the Screencheck Draft SEIR, Consultant will prepare the Draft SEIR which incorporates final changes. Changes should be minimal due to early consultation with the City, previous approval of technical reports by City personnel, and submittal of the Screencheck Draft SEIR. This scope of work assumes two rounds of screen check Draft SEIR review. Copies of the Draft SEIR, including technical appendices, will be provided for distribution. Consultant will prepare the Notice of Completion prior to public circulation of the Draft SEIR and will assist the City in transmitting the required copies to the State Clearinghouse and required agencies. Task 3 - Final SEIRlFindings/Mitigation Monitoring At the conclusion of the public review period, Consultant will work with City to obtain all comments received on the Draft SEIR. An Administrative Final SEIR containing proposed responses to comments and revisions to the Draft SEIR, where required, will be prepared once all comments are received. It is assumed that if required, the applicant's technical consultants will provide any and all necessary input to the responses to comment letters that may be required. For the purposes of this proposal, it is assumed that public reaction to the document will be limited to a maximum of 20 comment letters. In the event that the public comments on the Draft SEIR are greater than expected, Consultant will meet with City to adjust the work program/budget as necessary. An Administrative Final SEIR will be submitted to the City for review. Upon incorporation of comments on the Administrative Final SEIR, Consultant will prepare a Screencheck Final SEIR for submittal to the City and project team. Consultant will provide two rounds of screen check for the Final SEI R review. Subsequent to City review of the Screencheck Final SEIR, Consultant will prepare the Final SEIR, including findings. It is understood that Consultant would only prepare the Statement of Overriding Considerations, which incorporates final changes, as an optional task. Consultant will assist the City in transmitting the required copies to the State Clearinghouse, required agencies and commentators. Consultant will prepare a detailed Mitigation Monitoring and Reporting Program (MMRP) in accordance with Section 15063 of the CEQA Guidelines in response to any significant environmental impacts that may be identified to result from the proposed development. The MMRP will be submitted with the Final SEIR. Environmental Issues Based on Consultant's knowledge of the project and Writ of Mandate requirements, the following issues will be addressed in the SEIR: Hazardous Materials / Groundwater Qualitv The project site could potentially be subject to hazardous materials associated with an adjacent contaminated groundwater plume. This analysis will be based on a City/applicant supplied technical report. Development could alter on-site surface and groundwater drainage patterns and new storm drains/water quality features may be proposed for incorporation into the project. Implementation of the project could result in potential increases in interaction with the contaminated groundwater plume. Tasks . Consultant will summarize soil/geotechnical and hazardous materials reports, which are anticipated to include the geologic setting of the project area, including bedrock types, structures, geologic history, physiographic province, contaminated groundwater plume information, active or potentially active earthquake faults, anticipated erosion and sedimentation during construction, and feasible mitigation measures, if required. . Consultant will summarize hydrologic and drainage reports, which are anticipated to include a description of existing site conditions, existing watershed, drainage facilities, hydrology, and sediment yield characteristics, regulatory background, potential surface runoff, flooding and sediment yield, and mitigation measures, if required. . Consultant will summarize water quality report which is anticipated to include and describe existing site conditions including drainage, adequacy of local storm drainage infrastructure, regional water quality including surface water and groundwater, and mitigation measures to comply with regulatory requirements, if required. Traffic and Circulation The proposed project will increase vehicular traffic in the project area and a revised traffic study will be required. Increased traffic associated with development of the proposed project could result in impacts to area intersections and circulation patterns. Particular attention will be given to ensuring that project specific and cumulative traffic impacts are clearly identified separately and that required mitigation is adequately structured to create the required nexus between impact, mitigation and level of significance following mitigation. Consultant's analysis of potential traffic and circulation impacts will entail review of the traffic report and incorporation of the report into the SEIR. Tasks . Consultant will summarize the traffic analysis which is anticipated to include a description of project area roadways, existing traffic volumes and intersection conditions, applicable plans and policies, construction and operational impacts, and mitigation measures, if required. . Consultant will analyze the key intersections and roadway segments based on project phases under the following conditions: D Existing Conditions D Existing + Approved/Pending Projects Conditions D Existing + Approved/Pending Projects D Existing + Approved/Pending Projects D Future Conditions + Full Project . Consultant will review project access, on-site circulation and parking requirements. . Consultant will clearly identify project specific and cumulative impact traffic mitigation measures and clearly identify the nexus between the impact and mitigation measure. It is understood that referring to a regional traffic facility improvement fee (TUMF) was deemed not to be adequate mitigation by the Court. A nexus between project traffic impacts and TUMF funded improvements will be documented. Noise Noise generated by construction and operational activities within the site and operational noise associated with emergency vehicles (sirens) would increase noise single event and CNEL noise levels as a result of an increase in local traffic and operational activities. This analysis will be based on the technical acoustical report prepared by others, traffic report and operational data supplied by the applicant. Tasks . Consultant will describe and discuss existing major noise sources at the project site, particularly the noise from adjacent land uses and roadways. . Consultant will summarize state and local noise policies, regulations, and standards as they pertain to the proposed project. . Consultant will identify noise-sensitive land uses or activities in the vicinity of the project site, and along roads providing access to the project site, that would be affected by development of the proposed project. . Consultant will discuss the potential for on-site construction activities to affect nearby residences and other sensitive receptors. This discussion will be based upon proposed construction activities and scheduling information provided by the applicant. Alternatively, this discussion will be based upon peak noise levels generated by an assumed standard mix of construction equipment and activities. . Consultant will identify noise impacts associated with emergency vehicle sirens and quantify the level of impact. . Consultant will identify cumulative development in the project area (i.e., development that is under formal consideration or has been approved, and discuss the potential for cumulative development to adversely affect noise-sensitive land uses. . Consultant will identify practical, feasible and clear measures to mitigate the adverse impacts of the project on noise. Mitigation measures will be developed in consultation with the City and responsible agencies as appropriate. Cumulative Imoacts Implementation of the proposed project could contribute to cumulative impacts in the region. Cumulative impacts and mitigation measures will be documented and will be easily differentiated from project specific impacts and mitigation measures. Tasks . Consultant will compile a list of projects in the project vicinity in cooperation with the City and based on information provided in the traffic report. . Consultant will address the cumulative impacts of the proposed project in conjunction with other uses, existing and proposed, in the surrounding area. . Consultant will identify measures that would reduce cumulative impacts of the project to the City. Alternative Site Analvsis Pursuant to Section 15126.6 of the CEQA Guidelines, an alternative site or alternative location to the currently proposed site/location will be identified, evaluated and compared and contrasted with the impacts associated with the proposed project site. An alternative site has been located at Cherry Street and Dendy Parkway at the location of the former Temecula Education Center. Tasks . Consultant will clearly identify the process employed for selection of the alternative site and document impacts associated with the alternative site for each environmental factor contained in the original Draft EIR. . Consultant will document the environmental setting, and impacts associated with implementation of the project at the alternative site. Identify any required mitigation measures. . Consultant will determine if implementation of the project at the alternative site will reduce or eliminate impacts associated with the proposed project at its currently proposed location. . If the alternative site does not reduce identified environmental effects and/or is not feasible, Consultant will provide the basis for rejection of the alternative. Qotional Air Qualitv Analvsis Task Site preparation and construction activities, as well as operational characteristics, could generate substantial short term temporary and long term operational emissions of particulates and other criteria air pollutants that may exceed significance thresholds. Stationary and mobile source emissions associated with the project may result in project emissions that exceed South Coast Air Quality Management District (SCAQMD) thresholds of significance. These new emissions, added to existing sources of air pollution and cumulative development planned for the area, could contribute to the degraded air quality within the Air Basin. Tasks . Consultant will review local and regional climate, meteorology, and topography as they affect the accumulation or dispersal of air pollutants. . Consultant will identify federal, state, and local regulatory agencies responsible for air quality management, and summarize pertinent federal, state, and local air quality policies, regulations and standards as they pertain to the proposed project site. . Consultant will summarize current air quality conditions and recent trends (last three years) in the project area on the basis of the annual air quality monitoring data summaries published by the Air Resources Board (ARB). . Consultant will discuss SCAQMD projections of future air quality trends over the life of the project as presented in the most recent Air Quality Management Plan (AQMP), and the assumptions upon which the projections are based. Consultant will identify any policies or goals embodied in the AQMP that would apply to the proposed project site. . Consultant will identify air pollutant-sensitive land uses or activities in the vicinity of the project site or along roads providing access to the project site. . Consultant will describe the SCAQMD air quality impact significance thresholds for new developments. . Consultant will discuss, at an appropriate level of detail, the potential for short-term emissions of criteria air pollutants (those for which the U.S. Environmental Protection Agency has established ambient air quality standards) generated by construction activities. . Consultant will use URBEMIS 2007, version 9.2 air quality model to prepare a daily inventory of criteria air pollutant and carbon dioxide emissions for the proposed project. . Consultant will discuss the potential for air pollutant emissions from development in the project area to adversely affect sensitive land uses or activities, or to impede attainment of state or federal air quality goals. . Consultant will discuss conformance of the project with the AQMP, and determine whether identified air quality impacts would meet any SCAQMD thresholds of significance. . Consultant will summarize statewide planning efforts relative to climate change and the generation of greenhouse gas emissions, including Assembly Bill 32, Executive order S-01-07, and the reporting and recommendations to date of the California EPA Climate Action Team. Consultant will present discussion about how the California Code of Regulations Title 24 requires the construction of new energy efficient buildings that result in less greenhouse gas emissions. . Consultant will identify the greenhouse gas analysis recommendations of the Association of Environmental Professionals (AEP) as presented in its Alternative Approaches to Analyzing Greenhouse Gas Emissions and Global Climate Change in CEQA Documents, recently finalized on June 29, 2007. Recommend AEP endorsed feasible mitigation measures to help the proposed hospital reduce greenhouse gas without any major project redesigns, such as encouraging recycling, landscaping recommendations, increased building efficiency, use of energy efficient appliances, use of highly efficient compact fluorescent lighting, worker carpooling, and pedestrian friendly design features, to reduce the project's contribution to greenhouse gas emissions. . Consultant will identify cumulative development in the area (i.e., development that has been approved or is in-process) and discuss the potential for cumulative development to adversely affect air quality or impede attainment of air quality goals. . Consultant will identify practical, feasible and clear measures to mitigate the adverse impacts of the project on air quality that are identified in the analysis. Mitigation measures will be developed in consultation with the Authority as appropriate. . Consultant will quantify project impacts and evaluate whether mitigation measures would reduce the impacts below a level of significance. Identify the parties responsible for implementing each measure. Incorporate standard mitigations provided by the City, as appropriate. Consultant has been listed by the California Climate Registry as a firm qualified to perform baseline emission inventories for greenhouse gases. Consultant has been implementing greenhouse gas emissions analyses for the past 8 months and has responded to comments from local air districts and the state attorney general. EXHIBIT B PAYMENT RATES AND SCHEDULE 1. Consultant agrees to perform services stipulated by this contract based on the amount of $67,500.00 as indicated below: COST ESTIMATE - TEMECULA HOSPITAL SEIR TASK Tas~ 1- Project ManagementlCoordinationfMeebngsJPubllc Hearings Task 2 - Draft SElR . Task 3 - Final SEIR/Response to Comments ~ Optional Air Qualrty Analysis Task - Nollncluded in Total Cost COST $ 9,500 S 31,500 $15,500 $ 7,500 Reimbursable Expenses (in..nouse copying, mileage, postage, etc.) a Document Reproduction - Assumes 75 CopIes of DSEIR & 25 copIes 01 the Final SEIR & misc. reproductiOn $ 1,250 S 9,750 TOlal $61,500" CostESllm.IlteaS$UIl1es!hala,oflhetedvllcalstod,esw'llbeproYl(ledbylheeItyOf811Plcant:topography,aenallll\3gery,l8ndplan. marlo.el study. gfading and earthwofk, prelmnary hydrology, and Phase 1 Environmenla' Srte Assessme~ trrlic report aeousllcal fII1aJytlsafldhazarCklullmatenalsaS$e_nt,Doeuf1'fflllfeprOductJOntostsarevariable.buteMbereduce<ldeopoes(1/all OOCUl1'ef1t$ are pl'l,'Mded by the eily's repmduCbOfl supplier whiel\ elll'llll'lates ESA's $landard mark up on printJOll expef'l$e$ .. - Does ooc ntlu<le Optional A1t Ouaity A$$e$Sffient W$t 2. Conference calls and attendance at Planning Commission and City Council Hearings shall be at no additional cost unless as stipulated by this contract. 3. All incidental costs to Consultant associated with performing the stipulated tasks of this contract (i.e. telephone bill, computer, travel expenses, duplicating costs, etc.) shall be assumed to be built-in to the approved payment rate, unless alternative arrangements are pre-authorized by the City. Ii - I. ITEM NO. 11 I I Approvals City Attorney Director of Finance City Manager ~r- /1/2 CSU-- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman Parker, Director of Community Services DATE: July 24, 2007 SUBJECT: Certification of California State Office of Library Construction Interest in the Temecula Public Library PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the City Council approve in substantial form the Certification of California State Library Office of Library Construction Interest in the Temecula Public Library as Authorized by Education Code Section 19999 and 5 Cal Code Regs. Section 20438(d) and direct staff to have the document recorded by the Riverside County Recorder. BACKGROUND: On October 28, 2003, the City of Temecula was awarded a grant for the construction of a new library under the California Reading and Literacy Improvement Construction and Renovation Bond Act of 2000 (Bond Act). The Bond Act requires that upon completion of the project the grant recipient shall record the Office of Library Construction's (OLC) interest in the facility in the title record. It further requires that the State's interest shall include that the facility shall provide direct public library services for a period of 40 years. On December 14, 2007, the Temecula Public Library construction was completed and the new facility, constructed using Bond Act funding, was dedicated to the community. A State Department of Finance audit of the project, as prescribed by the Bond Act, is nearing completion. The final step necessary to complete the Bond Act requirements is the recordation of the State's interest in the facility and the assurance that the facility will be used to provide direct library services for 40 years. FISCAL IMPACT: Upon completion and acceptance of the State Department of Finance audit and recordation of the OLC's interest in the facility, all requirements will have been met for the City to receive the 10% grant retention held by the OLC in the amount if $855,241.40. These funds were budgeted and appropriated for the completion of the construction of the Temecula Public Library. ATTACHMENTS: Certificate of California State Library Office of Library Construction Interest in the Temecula Public Library EXEMPT RECORDING REQUESTED BY City of Temecula PER GOV'T CODE ~ 273830 Office of the City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 MAIL TAX STATEMENTS TO: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 SPACE ABOVE THIS LINE FOR RECORDER'S USE APN 945-050-014 CERTIFICATE OF CALIFORNIA STATE LIBRARY OFFICE OF LIBRARY CONSTRUCTION INTEREST IN TEMECULA PUBLIC LIBRARY AS AUTHORIZED BY EDUCATION CODE SECTION 19999 AND 5 CAL. CODE REGS. SECTION 20438(D) The City of Temecula hereby certifies that the California Library Construction and Renovation Board, as authorized under the California Reading and Literacy Improvement Construction and Renovation Bond Act of 2000, has provided a grant for the acquisition of land, and/or the acquisition, construction or renovation of a building for the Temecula Public Library on the parcel of land more particularly describes in Exhibit A attached hereto and by this reference incorporated herein. Pursuant to Education Code Section 19999 and Title 5, Division 2, Chapter 3, Section 20438(d) of the California Code of Regulations, the State maintains an interest in the land and building. The land and building shall be used to provide direct library services for forty years following the completion date of the project, that date being December 14, 2007. Chuck Washington, Mayor City of Temecula ATTEST: Susan Jones, MMC City Clerk EXHIBIT "A" LEGAL DESCRIPTION FOR TEMECULA PUBLIC LIBRARY THAT PORTION OF RANCHO TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS GRANTED BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA TO LUIS VIGNES BY PATENT; DATED JANUARY 18,1860, AND AS SHOWN BY MAP ON FILE IN BOOK 1, PAGE 37 OF PATENTS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL 1 AS SHOWN ON PARCEL MAP 8840 FILED IN BOOK 41, PAGES 54 AND 55, RECORDS OF RIVERSIDE COUNTY, SAID POINT BEING ON THE CENTERLINE OF PAUBA ROAD AND BEING MARKED BY A 1-Y2 IRON PIPE TAGGED L.S. 3160 PER SAID MAP, SAID POINT ALSO BEING A POINT ON A CURVE WITH A RADIAL BEARING OF SOUTH 02052'23" WEST; THENCE LEAVING SAID CENTERLINE POINT ALONG SAID RADIAL LINE NORTH 02052' 23" EAST, 44.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF PAUBA ROAD, SAID POINT BEING ON A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 1956.00 FEET; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTAL ANGLE OF 07055'31", AN ARC DISTANCE OF 270.56 FEET TO A POINT ON SAID CURVE THROUGH WHICH A RADIAL LINE BEARS SOUTH 05003' 08" EAST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY ALONG SAID RADIAL LINE, NORTH 05003'08" WEST, 87.22 FEET; THENCE NORTH 33050'19" EAST, 99.16 FEET; THENCE NORTH 72018'47" EAST, 110.14 FEET; THENCE NORTH 41045'22" EAST, 85.62 FEET; THENCE NORTH 89044'24" EAST, 136.97 FEET; THENCE NORTH 23000'04" EAST, 194.55 FEET; THENCE NORTH 80027'37" EAST, 280.30 FEET; THENCE SOUTH 11001'46" WEST, 240.27 FEET; THENCE SOUTH 17045'09" WEST, 66.36 FEET; Page 1012 January 17, 2002 BY: R Pisa Ck'd BY: B. Fox C:11ILEGALDESITEMELlBLE G.wpd THENCE SOUTH 16032'59" EAST, 18.52 FEET TO A POINT ON SAID NORTHERLY RIGHT- OF-WAY OF PAUBA ROAD; THENCE SOUTH 73027'01" WEST, 359.91 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1956.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11029'51", AN ARC DISTANCE OF 392.51 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 192154.40 SQUARE FEET OR 4.41 ACRES, MORE OR LESS. THIS DESCRIPTION IS ALSO BEING SHOWN ON THE ATTACHED "EXHIBIT A" MAP AND THEREBY BEING MADE A PART HEREOF. ZD~YSU# ~~~~E~~gNi LAND SURVEYOR NO. 7171 REGISTRATION EXPIRES 12/31/03 Page2of2 January 17, 2002 BY: R. Pisa Ck'd BY: B. Fox C:11ILEGALDESITEMELtBLE G.wpd ! EXHIBIT "B ^ 1-r..1" E ~Il \'l 80'2Z_~-- LN.I ,,,,,..---280.30 VI ~ I ~ ~----......... ....!J SCALE IN FEET ~'io"'-';,' \ ~ 1" = 200' i:; ~~ ,/ '. f?" ~: tlI~ ~~ 00.30'\ ~ ;{ ~r Lfj3 '" 5'09" 'Il, '. ~~ ; l.~ ....,r--- s ,1'1. " t:. '8.5'2: ___ \ --- . v, ''59 .__---- ;0. '" ,.., / "I'S .E)3~-- ---- nAn .>;:>- />-,C"-'" S ' -- ---- ~ J:1 / - 4,4' 359,.'3,." k--- RQ~------ Ir""" '" "" ," '1\ -...... ______ ---- ~ 'of' . \ '" '5'2.1'9,................ __.. ,.o- n n / "" , . 29 5, S 1-:.;>' _- - _--- , N.E. CORNER O'-"!b '" ll.=07'55'31" ~",'99~65~q _---- _-- _-7 I PARCEL IMP 8840 R=1956.00 L1 ,-",3 ~. _-- ._____- _--, 1\' L=270.56' ___----- _~-~ _--- I' !;! I ....~,. ",",';'7,.. <<..t~._.-p~!,-,. d, '0 ,'d ~", I P'" ______--- _-- ~(' I ~ UNE TABLE I}... ________--- ----- <(,' I NUMBER DIRECTION ~ , OINT.Qf IlEGINNING T, TRUE POINT OF eF~INNIN~ I I L1 N 05'03:08:: W Yi , N.W. CORNER PARCEL 1,' , " I L2 N 33'50 19 E , OF PARCEL IMP 8840, , , A r / II I L3 N 72'18'47" E , DENOTED BY A H/2" , , PARCEL M P BB-10 I L4 N 41'45'22" E I' IRON PIPE TAGGED ,',' I L5 N 89"44'24" E . , IS 3160 PER P.M. 8840, , DET AIL 919 I' '\ " " SCALE: 1"= 200' , ~" , , ,<( ,'I ~ I /,~~ ~d/ I ~'~ "-W.o. RIOIfT-(Jf......r~/~\-~1i!J.. h~~ I 'I~" PER IlS. 70/....... ::::tJ.. -.....~VlSTA --.:::;:;-' I I '~~~~ 'f!::~" APN 945-~:-=::'~;'" \ ,1 ~" ~ APN 945-050-014 I II "~,% Ii I.UlHERNl ""-',J: ,nvru><u UB7 \ \\ ~~)'~'~ ,~ CHURCH , ----' 1 \.\ ~ jl ~~ 9~:;:j APN 945-050-016. . /' _- : R24U _ ::;;,!_'ffP' ~~~~Au&l /:-.:./../~~.:~ --r "\ I ......~-.... -~~......"" I \ 'I PARCEL llAP 83~-1"... -- , ~~ :\PAR. 1W'12293) PARCEL IW' B840 : LINES .,/ KEY MAP I SEE DETAIL .1. SCALE: 1"= 1 000' DISTANCE 87.22' 99.16' 110.14' 85.62' 136.97' 6 ~ SCALE IN FEET 1" = 1 000' ~'AfWI /:PUP ~~ tI..,UPCUff.f. MlC ~ "PLANNERS 151 South Girard Street. Hemet, Co 92544 . (909) 652-4454 FAX (909) 766-8942 E-MAIL cozod@ivic.net . CWll/STRUCTUIW. ENGINEERS . t.1UNICIPAL CONSULTANTS . SURVEYORS/GPS ~OR[) OWNF~ CITY OF TEMEClA.A A CORPORATE AND POLITIC 43200 BUSINESS PARK DR. TEI.1ECULA, CA 92590 (909) 694-6411 . A.P.N. 945-050-016 PREPARED BY: File nome: r:\Ol05700\PLAT\PAUBA. - Ii - I. ITEM NO. 12 I I Approvals City Attorney Director of Finance City Manager j#r- /1/2 (};L. CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: July 24, 2007 SUBJECT: Community Grant Agreement with the Temecula Sister City Association PREPARED BY: Robin Gilliland, Museum Services Manager RECOMMENDATION: That the City Council approve a grant in the amount of $7,500.00 for the Temecula Sister City Association for fiscal year 2007-2008. BACKGROUND: The Temecula Sister Cities Association (TSCA) is a California non-profit corporation that supports cultural exchanges of people and ideas between the citizens of our community and foreign communities. In doing so, the outlook of our citizens is enhanced and Temecula's quality of life improved. The following is a list of guidelines to assist City Administration in their liaison relationship with the Temecula Sister City Association and Sister City sponsored activities. D The City will work in conjunction with the TSCA to promote understanding, friendship and knowledge. D The Temecula Sister City Association is responsible for the development, coordination and implementation of all Sister City functions, services and special events that occur related to our two Sister Cities: Leidschendam-Voorburg, Netherlands and Nakayama, Japan. This includes coordination of events, special dinners and activities, and travel related services such as gifts, itineraries for visiting dignitaries or travel abroad. D The City will support and encourage the Temecula Sister City program in their efforts to encourage cultural exchange among our Sister Cities. The City will provide a staff liaison that will represent the City of Temecula at Sister City Board Meetings, programs, special events and activities (as deemed appropriate). D The City liaison will coordinate travel abroad to our Sister Cities when City officials or City Council members are involved in the travel. D The City will provide the Temecula Sister City Association with limited funding to provide necessary Sister City activities and functions. The Temecula Sister City Organization will be responsible for monitoring and managing their budget to ensure proper expenditures and accounting of funds for all organized activities and events. D The City will provide limited financial support for student scholarships for individual students traveling to Nakayama, Japan or Leidschendam-Voorburg, the Netherlands. D The City will fund & coordinate one official dinner and one official welcome reception per year, for a visiting delegation from Nakayama and Leidschendam- Voorburg, when elected officials from the visiting Sister City are in attendance. D The City will provide official City gifts for elected officials visiting from Nakayama and Voorburg, or when City officials are traveling to Nakayama and Leidschendam- Voorburg. D Membership in the Sister City Association is open to all citizens and or business persons of Temecula & others as determined by the TSCA. D The TSCA must provide an annual budget and financial report/records that are available for review by the City. D The City will provide transportation for official delegations both arriving and traveling abroad. D The TSCA is responsible for transportation of all other guests either coming or going to Nakayama, Japan & Leidschendam-Voorburg, the Netherlands. In the past, TSCA has used funds to provide educational opportunities such as the Children's Matsuri and Dutch American Heritage Day. There have also been sponsorships provided to both students and adults traveling abroad. TSCA has an active book exchange with Nakayama and for the first time, a toy drive for a Tecate, Mexico orphanage was done in December, 2004. FISCAL IMPACT: Funds have been approved and are in account 001-101-999-5280. Ii - I. ITEM NO. 13 I I Approvals City Attorney Director of Finance City Manager ~( IJIl (J(L, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Glenn Patterson, Fire Chief DATE: July 24, 2007 SUBJECT: First Amendment to Fire/EMS Protection Agreement for Fiscal Year 2007-08 RECOMMENDATION: That the City Council approve the First Amendment to the Cooperative Agreement with the County of Riverside to provide fire protection, fire prevention and rescue services. This Exhibit covers services requested for Fiscal Year 2007-08. BACKGROUND: Since the City of Temecula's incorporation, Fire/EMS services have been provided through a Cooperative Fire Service Agreement with the California Department of Forestry and Fire Protection (CDFFP) and Riverside County Fire Department (RCFD). Formalization of this agreement is required every three years to appropriately renew the required contract between the City of Temecula and the above-mentioned fire service agencies. The CDFFP has provided the City with a schedule of contract staffing costs (Exhibit "A") to the Fire Protection Agreement for City Council approval, which reflects the service costs for fiscal year 2007-08. The increase for services is due largely to an overall increase in support service costs and the Paramedic conversion on the ladder truck at Rancho California Fire Station 73. FISCAL IMPACT: The overall increased cost in the operating budget is approximately $447,752. Adequate funds have been appropriated in the fiscal year 2007-08 Fire Services budget. ATTACHMENTS: Exhibit "A" First Amendment to Fire/EMS Protection Agreement FIRST AMENDMENT TO "A COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTIONS, FIRE PREVENTION, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA" THIS FIRST AMENDMENT is made and entered into as of this 24th day of July, 2007 by and between the County of Riverside (hereinafter referred to as the "COUNTY") and the City of Temecula (hereinafter referred to as the "CITY"), whereby it is agreed as follows: I. Recitals. This First Amendment is made with respect to the following purposes and facts which each ofthe parties agree to be true and correct: A. On January 9, 2007 the COUNTY and the CITY entered into that certain agreement entitled: "A Cooperative Agreement to Provide Fire Protections, Fire Prevention, Rescue and Medical Emergency Services for the City of Temecula" (hereinafter referred to as the" Agreement "). B. TIle parties now wish to amend the Agreement to provide for a new and updated Exhibit A to the Agreement setting forth contract staffing costs. 2. Amended Exhibit A. Exhibit A to the Agreement is hereby deleted in its entirety and replaced with a new Exhibit A, dated April 18, 2007 for FY 07-08, attached hereto and incorporated herein as though set forth in full. 3. Other Terms Remain. Except as specifically set forth herein, all other terms and conditions ofthe Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the duly authorized officials ofthe parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written. l1086-0009\985726vl doc CITY OF TEMECULA Chuck Washington Mayor Attest: Susan W. Jones, MMC City Clerk Approved As to Form: Peter M. TIlOrson City Attomey 2 l1086-0009\985726vl.doc COUNTY OF RIVERSIDE Attest: Nancy Romero Clerk ofthe Board By: Deputy Approved As to Foml: Patti F. Smith Deputy County Counsel 3 l1086-0009\985726vl.doc l1086-0009\985726vl.doc EXHIBIT A DATED APRIL 18,2007 FOR FY 07-08 4 EXHIBIT "A" IOPERA TIVE AGREEMENT TECTION, FIRE PREVENTION, RESCUE :Y SERVICES FOR THE CITY OF TEMECULA ~ED APRIL 18, 2007 FOR FY 07/08 CAPTAIN ENGINEERS ------------ ------------ STA. #12 308,023 2 265,536 2 STA. #73 308,023 2 132,768 1 (Truck Co.) July-De 231,017 3 199,152 3 (Truck Co.) Jan-Jur 231,017 3 199,152 3 STA. #84 308,023 2 265,536 2 (Relief) 308,023 2 132,768 1 STA. #92 308,023 2 132,768 1 STA #95 Oct-June 231,017 2 199,152 2 - - 18 15 SUBTOTAL STATION COSTS FIRE ENGINE USE AGREEMENT DIVISION CHIEF BATTALION CHIEF & FIRE MARSHAL/BC FIRE SAFETY SUPERVISORS 1 vacant FIRE SAFETY SPECIALIST FIRE SYSTEMS INSPECTOR TOTAL STAFF COUNT SUPPORT SERVICES Adm i nistrative/Ope ratio na I Volunteer Program Medic Program Fleet Support ECC Support Comm/lT Support SUPPORT SERVICES SUBTOTAL ESTIMATED DIRECT CHARGES [ FF II's ------------ 229,170 2 229,170 2 343,755 6 171,878 3 229,170 2 343,755 3 229,170 2 171,878 2 22 CAPTAIN MEDIC 171,214 1 1 16,050 eal 213,982 eal 213,982 eal 114,154 eal 103,023 eal 89,171 eal 15,661 pel 10,038 pel 15,457 pel 27,250 pel Ca Ca FAE FF II MEDIC MEDIC TOTAL ------------ ------------ ------------ 261,733 2 1,064,462 8 148,779 1 261,733 2 1,080,473 8 773,924 12 196,299 3 798,346 261,733 2 1,235,676 9 446,337 3 261,733 2 1,492,616 11 148,779 1 261,733 2 1,080,473 8 196,299 2 798,346 8 - 5 15 8,324,316 64 Igine 80,250 5 I 106,991 r r 427,965 2 r 114,154 2 r 309,069 3 n 356,684 4 75 d Staff ** 1,010,135 65 I 10,038 eer Co. ~ Medics 293,683 18 ~ssion Equip 149,875 6 In Basis 225,476 In Basis 350,974 2,040,181 80,756 TOTAL ESTIMATED CONTRACT * TEMECULA ESTIMATED FIRE TAX CREDIT NET ESTIMATED CONTRACT *TAX CREDIT: FIRE TAXES REDEV.TAXES TOTAL SUPPORT SERVICES 6,600,593 705,678 7,306,271 PROI TOTP ** 58.50 As: 6.00 Se 64.50 Tol Administrative & Operational Services Finance Public Affairs Training Procurement Data Processing Emergency Services Accounting Fire Fighting Equip. Personnel Office Supplies/Equip. 4.50 Fin 5,839 Nu Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Medic Program - Support staff, Training, Certification, Case Review & Reporting Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer support functions 16,050 ENGINES 12,914 SRVDEL 9,686 VOL DEL 9,935 MEDIC DEL 53,743 BATT DEL 13,355 ECC STATION 32 ECC CALLS 16,438 FLEET SUPPC 9,146 COMM/lT STA 216,786 BC 156,030 CAPT 134,508 ENG 116,087 FF II 150,729 FAE MEDIC 132,581 FF II MEDIC 212,745 Div. Chief 173,458 FC MEDIC 103,023 FS 89,171 FS 216,291 DE 114,154 FIF 85,910 Pl( [PROGRAMMED SAVINGS TOTAL EST CITY BUDGE- I Staff ~itional staff , ~ed Staff tions If Calls [ ; I :CHIEF ry SUPV !IALlST 11,840,366 (7,306,271 ) 4,534,095 (300,000) 4,234,095 Ii - I. ITEM NO. 14 I I Approvals City Attorney Director of Finance City Manager p.t.(" 11/2 (J(L, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman Parker, Director of Community Services DATE: July 24, 2007 SUBJECT: Amendment NO.2 to Cooperative Agreement with Friends of the Temecula Children's Museum PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the City Council approve Amendment No.2, extending the term of the agreement to June 30, 2010, to the Cooperative Agreement with the Friends of the Temecula Children's Museum for the operation of the museum gift shop. BACKGROUND: On March 16, 2004, the City Council approved a Cooperative Agreement ("Agreement") with the Friends of the Temecula Children's Museum ("Association") for the support of the Children's Museum and operation of the museum gift shop. Through the Agreement, the Association, a local non-profit organization, the Association schedules volunteers and paid staff to provide merchandising and sales responsibilities in the museum gift shop. The Association engages in various fund raising efforts throughout the year. Funds raised by the Association through gift shop sales and fund raising, after operating costs, are committed to the enhancement of the Temecula Children's Museum. The Association has sponsored several special events, workshops and other services. The term of the Agreement expired on June 30, 2007. The proposed amendment to the Agreement will extend the term of the license for three years to June 30, 2010. This extension is in accordance with the provisions of the Agreement approved by the City Council on March 16, 2004. Approval of the Amendment will allow the Association to continue providing gift shop operations, as well as, ongoing fund raising and special event support for the museum. FISCAL IMPACT: There is no fiscal impact. ATTACHMENTS: Amendment NO.2 to the Cooperative Agreement with Friends of the Temecula Children's Museum AMENDMENT NO.2 TO COOPERATIVE AGREEMENT BElWEEN THE CITY OF TEMECULA AND FRIENDS OF THE TEMECULA CHILDREN'S MUSEUM FOR THE SUPPORT OF THE TEMECULA CHILDREN'S MUSEUM GIFT SHOP THIS AMENDMENT NO.2 is made and entered into as of July 24, 2007 by and between the City of Temecula, a municipal corporation ("City") and the Friends of the Temecula Children's Museum, a California non-profit corporation ("Association"). In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. This Amendment is made with respect to the following facts and purposes which each of the parties agrees to be true and correct: a. On March 16, 2004, the City and Association entered into that certain "Cooperative Agreement Between the City of Temecula and Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop". b. On July 11, 2006, the City and Association entered into that certain "First Amendment to Cooperative Agreement Between the City of Temecula and Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop". c. The Original License Agreement dated March 16, 2004, as amended by Amendment No.1, shall be known collectively as the "Agreement." d. The parties now desire to amend the Agreement again in order to extend the term of the Agreement. 2. Section 3 of the Agreement is amended to read as follows: "3. Term. Association may utilize the Premises from March 16, 2004 until June 30, 2010 unless sooner terminated pursuant to this Agreement. Either party may terminate this Agreement for any reason by providing a sixty (60) day written notice of termination to the other party." 3. Except as otherwise set forth in this Third Amendment, all other terms of the License Agreement remain in full force and effect. 1111 C\ WI N DOWS\apsdoc\nettemp\4544 \$ASQpdf851212. doc IN WJrNESS WHEREOF, this Amendment NO.2 has been executed on behalf of the parties as of the date first written above. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk Approved as to Form: Peter M. TIlOrson, City Attomey FRIENDS OF THE TEMECULA CHILDEN'S MUSEUM 41981 Avenida Vista Ladera Temecula, CA 62591 Phone (951 699-6061 Patricia Comerchero, President Christina L. Veale-Gamboa. Vice-President C\ WI N DOWS\apsdoc\nettemp\4544 \$ASQpdf851212. doc TEMECULA COMMUNITY SERVICES DISTRICT Ii - I. ITEM NO. 15 I I MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT JULY 10, 2007 A regular meeting of the City of Temecula Community Services District was called to order at 7:20 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 DIRECTORS: Edwards, Roberts, Washington Comerchero ABSENT: 1 DIRECTORS: Naggar. Also present were General Manager Nelson, City Attorney Thorson, and Deputy City Clerk Ballreich. PUBLIC COMMENTS No input. CSD CONSENT CALENDAR 14 Minutes RECOMMENDATION: 14.1 Approve the minutes of June 26, 2007. 15 Acreement with West Coast Arborists. Inc. for Tree Trimminc Maintenance Services RECOMMENDATION: 15.1 Approve the agreement with West Coast Arborists, Inc. in the amount of $100,000.00 plus a 10% contingency in the amount of $10,000.00 for tree trimming services for Fiscal Year 2007-2008. 16 Professional Services Acreement with WLC Architects. Inc. for the Old Town Gvmnasium Desicn RECOMMENDATION: 16.1 Approve the Professional Services Agreement with WLC, Inc. for the Design of the Old Town Gymnasium in an amount not to exceed $307,390; 16.2 Approve a 10% contingency in the amount of $30,739. R:\Minutes\071 007 17 Amendment NO.3 to License Aareement with Temecula Vallev Museum. Inc. RECOMMENDATION: 17.1 Approve Amendment No.3, extending the term of the agreement to June 30, 2009, to the License Agreement with Temecula Valley Museum, Inc. for the operations of the museum gift shop and the wedding chapel. MOTION: Director Washington moved to approve the CSD Consent Calendar. Director Roberts seconded the motion and electronic vote reflected aooroval with the exceotion of Director Naggar who was absent. CSD PUBLIC HEARING 18 Service Level C Election Public Hearina. RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. CSD 07-10 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA CALLING A SPECIAL MAIL BALLOT ELECTION FOR AUGUST 28, 2007 TO SUBMIT A PROPOSED INCREASE TO THE RATES AND CHARGES FOR SERVICE LEVEL C TO OWNERS OF REAL PROPERTY SUBJECT TO THE PROPOSED INCREASE, APPROVING A REPORT ON THE PROPOSED INCREASE AND ADOPTING PROCEDURES FOR THE CONDUCT OF THE ELECTION 18.2 Approve the Notice of Election, Ballot, and Procedures for the Completion, Return and Tabulation of the Ballots; 18.3 Authorize staff to mail the ballots to the affected property owners pursuant to the aforementioned process. President Comerchero advised that due to his residency in Zone 5, he will be abstaining from any discussion with regard to Zone 5. Director of Community Services Parker provided a staff report of record. At this time, the public hearing was opened. Deputy City Clerk Ballreich advised that although there were no requests to speak, the City Clerk's office received 10 letters of protest with regard to Service Level C, as follows: D Zone 4 = 1 D Zone 16 = 1 D Zone 18 = 2 D Zone 20 = 1 R:\Minutes\071 007 2 D Zone 24 = 2 D Zone 25 = 1 D Zone 28 = 2 Deputy City Clerk Ballreich also advised that the above-mentioned protests do not reflect a majority vote in any of the zones. At this time, the public hearing was closed. Mayor Washington commended staff for their efforts in structuring the increases to be spread out over a period of time. President Washington noted that since the formation of Measure C Election, this would be the first time the City has had to seek an increase in rates and charges. MOTION: Director Washington moved to approve staff recommendation. Director Roberts seconded the motion and electronic vote reflected aooroval with the exceotion of Director Naggar who was absent. CSD BUSINESS 19 Redhawk Park Imorovements Conceotual Master Plan RECOMMENDATION: 19.1 Approve the Conceptual Master Plan for the Redhawk Park Sites. Director of Community Services introduced Mr. Bob Mueting of RJM Group, who provided the City Council with a PowerPoint of the Redhawk Park Improvements Conceptual Master Plan, highlighting on the following: D Community Workshop D Regional Map D Sunset Park D Design Charette D Paseo Gallante Park D Temecula Creek Trail Park D Redhawk Community Park D Conceptual Dog Park Plan. President Comerchero commended staff and Mr. Mueting for the process in which these park improvements came to fruition. MOTION: Director Washington moved to approve the Redhawk Park Improvements Conceptual Master Plan. Director Edwards seconded the motion and electronic vote reflected aooroval with the exceotion of Director Naggar who was absent. CSD DIRECTOR OF COMMUNITY SERVICES REPORT No additional comments. R:\Minutes\071 007 3 The Board of Directors commended Director of Community Services Parker and staff for another successful Fourth of July Parade and festivities. CSD GENERAL MANAGERS REPORT No additional comments. CSD BOARD OF DIRECTORS REPORTS No additional comments. CSD GENERAL MANAGERS REPORT No additional comments. CSD BOARD OF DIRECTORS REPORTS No additional comments. CSD ADJOURNMENT At 7:33 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, July 24,2007, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] R:\Minutes\071 007 4 Ii - I. ITEM NO. 16 I I Approvals City Attorney Director of Finance City Manager ~ CIL (JG..., TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: July 24, 2007 SUBJECT: Amphitheater Naming RECOMMENDATION: That the Board of Directors consider renaming the Community Recreation Center Amphitheater (CRC) the "CRC Foundation Amphitheater". BACKGROUND: Earlierthis year, members of the CRC Foundation, a former local non- profit organization established to raise funds to help construct a community recreation center, approached the City with a request to name the Community Recreation Center amphitheater the "CRC Foundation Amphitheater" in recognition of the organization's efforts in helping the City to construct the CRC. The CRC Foundation played an integral role in leading the fund raising efforts to build the CRC and all of its amenities. At the May 14, 2007 Community Services Commission meeting, the Commission moved and approved renaming the amphitheater the "CRC Foundation Amphitheater". FISCAL IMPACT: New signage to rename the amphitheater is estimated to cost $2,000 to $2,500. Sufficient funds are available in the TCSD operating budget. Ii - I. ITEM NO. 17 I I Approvals City Attorney Director of Finance City Manager p.t.(" 11/2 (J(L, TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: July 24, 2007 SUBJECT: Consultant Services Agreement for Murrieta Creek Multi-Purpose Trail, Project No. PW01-27 PREPARED BY: William Hughes, Director of Public Works Greg Butler, Deputy Director of Public Works - CIP Laura Bragg, Project Engineer - CIP RECOMMENDATION: That the Board of Directors approve the Consultant Agreement with Kimley-Horn and Associates, Inc. in the amount of $40,886.00 to provide as needed Bid and Construction Phase Engineering and Design Services. BACKGROUND: The Murrieta Creek Multi-Purpose Trail Phase I Project will include trail improvements from Winchester Road to Rancho California Road between Murrieta Creek and Diaz Road. The project will consist of pedestrian and bicycle trail with appropriate signage, necessary grading, paving, striping, and landscaping. The City received a TEA (Transportation Enhancement Activities) program grant in the amount of $1 ,214,000.00 for this project. The plans and specifications have been prepared and the project is currently being advertised for construction bids. Consultant Design Services are necessaryforthe preparation of an Addendum to the bid set to incorporate design changes requested by the U. S. Army Corps of Engineers (USACE) and Riverside County Flood Control and Water Conservation District (RCFC&WCD). These design changes were requested during the Encroachment Permit process so that the City of Temecula's project would be more compatible with the Murrieta Creek Project - Reach 2 that is currently being designed by USACE. The Bid Phase Services include meeting and coordination with the USACE and RCFC&WCD regarding revisions, modifying the grading, signing and striping, irrigation, landscape and hardscape, and updating the plans and specifications to reflect these modifications. The Construction Phase Services include reviewing shop drawings, assisting the City with any construction conflicts, responding to Request for Information, preparing Engineering Documents to support any construction contract change orders, and preparing the As-Built drawings. FISCAL IMPACT: The Murrieta Creek Multi-Purpose Trail project is funded through Development Impact Fees - Public Facility and Open Space and Transportation Enhancement Activities Program (TEA). Sufficient funds are available in account #21 0-190-142-5802 and #210- 190-142-5806 to cover the cost of the agreement. ATTACHMENTS: Consultant Agreement with Kimley-Horn and Associates, Inc. AGREEMENT FOR SERVICES BElWEEN THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT AND KIMLEY-HORN AND ASSOCIATES MURRIETA CREEK MULTI-PURPOSE TRAIL PROJECT NO. PW01-27 THIS AGREEMENT is made and effective as of July 24, 2007, between the City of Temecula, Community Services District a municipal corporation ("District") and Kimley-Horn and Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 24,2007; and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 24, 2008, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCEConsultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Board of Directors has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website httD://www.dir.ca.aov. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the District, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. A. The District agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Forty Thousand Eight Hundred Eighty Dollars and No Cents ($40,886.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. 1 R:\CIP\Projects\PW01-27\Agreements & Contracts\Kimley Horn Agrmt 2 B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Consultant at the time District's written authorization is given to Consultant for the performance of said services. The General Manager may approve additional work up to ten percent (10%) of the amount of the Agreement but in no event shall the total sum of the agreement exceed thirty thousand dollars ($30,000.00) or the amount approved by Board of Directors. Any additional work in excess of this amount shall be approved by the Board of Directors. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the District disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. A. The District may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this A9reement, unless the notice provides otherwise. If the District suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. ' B. In the event this Agreement is terminated pursuant to this Section, the District shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the District pursuant to Section 5. 7. DEFAULT OF CONSULTANT. A. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, District shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. B. If the General Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. . 2 R:\CIP\Projects\PW01.27\Agreements & Contracts\Kimley Horn Agrmt 2 8. OWNERSHIP OF DOCUMENTS. A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by District that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of District or its designees at reasonable times to such books and records, shall give District the right to examine and audit said books and records, shall permit District to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the District and may be used, reused or otherwise disposed of by the District without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the District, upon reasonable written request by the District, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable fOr any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. . INDEMNIFICATION. A. Indemnity for Professional Services. In the connection with its professional services, Consultant shall defend, hold harmless and indemnify District, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City, District and/or Agency officials, (collectively, "lndemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, .pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub-consultants, or agents in the performance of its professional services under this Agreement. Consultant shall defend the Indemnities in any action or actions filed in connection with any such claims with counsel of District's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. B. Other Indemnities. In connection with all claims not covered by Paragraph A, Consultant shall defend, hold harmless and indemnify the District, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of District officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to Consultant's performance of this Agreement. Consultant shall defend lndemnitees in any action or actions filed in connection with any such claims with counsel of District's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. 3 R:ICIPIProjectsIPW01-27\Agreements & ContractslKimley Horn Agrmt 2 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scooe of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 0111850r88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. B. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) aggregate Professional Liability coverage: One million ($1,000,000) per claim and in C. Dedl}<:til:>l~s and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the General Manager. At the option of the General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4 R:ICIPIProjectsIPW01-27\Agreements & ContractslKimley Horn Agrmt 2 D. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The District, its officers, officials, empioyees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the District, its officers, officials, employees or volunteers. 2.) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the District, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the District, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and Shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, its officers, officials, employees or volunteers. . 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. 6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer, phone, fax and/or notify the District via certified mail, return receipt requested of the changes to or cancellation of the policy. E. Acceotabilitv of Insurers, Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. Self insurance shall not be considered to comply with these insurance requirements. F. Verification of Coveraae. Consultant shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. A. Consultant is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither District nor any of its officers, employees, agents, or volunteers shall have control over the 5 R:ICIPIProjectsIPW01-27\Agreements & ContractslKimley Horn Agrmt 2 conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the District. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind District in any manner. B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, District shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for District. District shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without District's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the General Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the District. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives District notice of such court order or subpoena. B. Consultant shall promptly notify District should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the District. District retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with District and to provide District with the opportunity to review any response to discovery requests provided by Consultant. However, District's right to review any such response does not imply or mean the right by District to control, direct, or rewrite said response. 6 R:ICIPIProjectsIPW01-27\Agreements & ConlractslKimley Horn Agrmt 2 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (i1) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of deilvery, or (i1i) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To District: City of Temecula Community Services District Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Consultant: Kimley-Horn and Associates 2080 E. Flamingo Road, Suite S-210 Las Vegas, NV 89119 Attention: Michael Colety, P.E. 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the District. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Board of Directors and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The District and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula, Community Services District. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 7 R:ICIPIProjeclsIPW01-27IAgreements & ConlraclslKimley Horn Agrmt 2 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula, Community Services District shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the District that no officer or employee of the City of Temecula, Community Services District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the District in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19 ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be. of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 8 R:ICIPIProjectsIPW01-27\Agreements & ConlractslKimley Horn Agrmt 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero, President ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT: Kimerfy-Horn and Associates 2080 E. Flamingo Rd., Suite S-10 Las Vegas, NV 89119 (702) 862-3609 Fax: (702) 735"4949 Michael Colety, P.E., Vice President Kenneth W. Ackeret, P.E. Principal [Signatures of Two Corporate Officers Required] 9 R:\CIPIProjectsIPWD1-27\Agreements & ContractslKimley Horn Agrmt 2 EXHIBIT A TASKS TO BE PERFORMED CONSULTING SERVICES MURRIETA CREEK MULTI-PURPOSE TRAIL PROJECT NO. PW01-27 10 R:ICIPIProjeclsIPW01-27IAgreemenls & ContraclslKimley Hom Agrmt 2 ~i-'" Kfniley-Hli!'i ~_r:,.] and ASSOl:lates, hIe; 2080 E. Flamingo Road Suite 8-210 Las Vegas, NV 89119 Phone: (702) 734-566 F",,, (702) 735-4949 July 11, 2007 Project 095382000 Mr. Amer Attar, P. E. City ofTemecula 43200 Business Park Drive Temecula, CA 92590 Subject: Murrieta Creek Trail- Consulting Services Dear Mr. Attar: At the City's request, we have prepared a consulting services request for revisions to the Murrieta Creek Trail project to accommodate the paved trail alignment revisions. Based on input from the Riverside County Flood Control District and the US Army Corps of Engineers, the paved trail alignment needs to be modified. In addition, a budget has been included for Construction Phase Services. Attached are Exhibits A, Band C for these services. The not to exceed time and expense budget for additional Bid Phase Services is $19,372 and for Construction Phase Services is $21,514, for a total of $40,886. Please call me if you have any questions or comments. Truly yours, Kimley-Horn and Associates, Inc. ~Uf' Michael Colety, P.E. Vice President EXHIBIT "A" SCOPE OF SERVICES July 11, 2007 MURRIETA CREEK TRAIL - CONSULTING SERVICES BID PHASE SERVICES This task includes making revisions to the paved trail alignment to minimize potential conflicts with improvements proposed by others within the project area. This effort includes the following: o Update the plan and profile of the paved trail in conflict areas. Modify stationing and call outs to reflect the alignment revisions. o Create color exhibits of the revised trail alignment o Coordinate with the US Army Corps of Engineers regarding the revised trail alignment o Modify the grading of the trail to reflect the alignment revisions. o Modify the signing and striping to reflect the alignment revisions. o Modify the irrigation to reflect the alignment revisions. o Modify the landscape and hardscape plans to reflect the alignment revisions. CONSTRUCTION PHASE SERVICES This task includes providing any of the following services as directed by the City on a time and expenses basis: o Review shop drawings associated with the project and provide written recommendations for approval or rejection by the City. o Assist the City with resolution of construction conflicts, provide clarifications and/or ink'l'.~~"tions of the Contract Documents, and respond in writing to Contractor Requests for Information (RFI). Prepare drawings, details, specifications, and estimates as required to support construction contract change orders. o Prepare as-built drawings for the project based on "redlines" prepared by the Contractor. City of Temecul. Exhibit "A" 07/11/2007 Page lofl EXHIBIT B PAYMENT RATES AND SCHEDULE 11 R:ICIPIProjectsIPW01-27\Agreements & Contracts\Kimley Horn Agrmt 2 a '0 ... ~ <( ~ l '$ ~ '" ~ $~~$~~U') \ c ~ \. o ~ .... o "" "" "" "" I l ~ g $ ~ ~ ~ .....O"'f<<>~<<>"'f I -~ 1 % ~ " i E ~ if l'3 Yo ~ 'M C) Ul~ '""'=' :d.:;> .~Ul ill'cA% . wg t:ct. Ill:;> . -O~ ~:t~ Ul~1- ~~ ~'& lJ '" \ii it. ~ :;> 2 ~ l?, \<. \ .. R o '" 5 :; \2 ~'. :0 '" %l :,:;~,\('J '<t 01 ~ ~ C'l"- ~q- <!f ~ "" :,:.\..r.,....1.O on <C b .... iff\ ~ ~;~\ ~ l \~ % " \)1 .c. ~ "I;! 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ITEM NO. 18 I I Approvals City Attorney Director of Finance City Manager ~ 11/2 (J(y TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Peter Thorson, City Attorney Susan W. Jones, City Clerk DATE: July 24, 2007 SUBJECT: Cancellation of Service Level C Election RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. CSD 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA CANCELING THE SPECIAL MAIL BALLOT ELECTION SCHEDULED FOR AUGUST 28, 2007 2. Direct and authorize the District Manager to send a letter to the property owners subject to the Special Mail Ballot Election notifying them of the cancellation of the Special Mail Ballot Election and explaining the reason for the cancellation. 3. Direct and authorize the District Manager to take such actions as are necessary and appropriate to initiate the procedures necessary to enable the Board of Directors to again consider the proposed increase to the Rates and Charges for Service Level C and to decide whether to submit the proposed increase to the property owners at the next available mail ballot election date of March 4, 2008. BACKGROUND: Due to a ballot printing error, caused by MuniFinancial, who was the City's consultant responsible for the printing of the ballots, it is recommended that this scheduled election be cancelled and the process started to re-schedule the election for the next available mail ballot election date of March 4, 2008. A substantial number of the ballots failed to contain the voting square to the right of the word "yes" as required by Elections Code Section13208. All ballots which may be received in the City Clerk's Department will be kept confidential and destroyed in accordance with the applicable provisions of the Elections Code. A letter of explanation will be mailed by first-class mail, to all affected property owners, explaining the printing error and the process for scheduling an election on March 4, 2008, in accordance with the provisions of Proposition 218. The proposed increases in the Service Level C rates and charges which were the subject of the mail ballot election will not go into effect until they are approved at another election. FISCAL IMPACT: The cost for mailing 13,729 letters at the first class rate of .41 is $5,628. Cost association with this special mailing will be paid by MuniFinancial. ATTACHMENTS: Resolution RESOLUTION NO. CSD 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA CANCELING THE SPECIAL MAIL BALLOT ELECTION FOR AUGUST 28, 2007 THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: 1. The Board of Directors does hereby find, determine and declare that: A. On July 10, 2007, the Board of Directors adopted Resolution No. CSD 07-10 entitled "A Resolution of the Board of Directors of the Temecula Community Services District of the City of Temecula Calling a Special Mail Ballot Election for August 28, 2007 to Submit a Proposed Increase to the Rates and Charges for Service Level C to Owners of Real Property Subject to the Proposed Increase, Approving a Report on the Proposed Increase and Adopting Procedures for the Conduct of the Election," that established a special mail ballot election for August 28, 2007 ("Special Mail Ballot Election." B. On July 16, 2007, the District learned that a substantial number of ballots for the Special Mail Ballot Election did not contain voting squares to the right of the word "yes" on the ballot due to an error of the printer beyond the control of the District. C. Elections Code Section 13208 explicitly requires that in the case of measures submitted to the voters "voting squares" shall be printed on the ballots to the right of the words "yes" and "no." D. Canceling the Special Mail Ballot Election will reduce the risk of confusion among the voters and maintain the integrity of the electoral process. 2. The Board of Directors hereby cancels the Special Mail Ballot Election set for August 28,2007 and amends Resolution No. CSD 07-10 to the extent necessary to effectuate the cancellation of the Special Mail Ballot Election. 3. The Board of Directors directs and authorizes the District Manager to send a letter to the property owners subject to the Special Mail Ballot Election notifying them of the cancellation of the Special Mail Ballot Election and explaining the reason for the cancellation. 4. The Board of Directors directs and authorizes the District Manager to take such actions as are necessary and appropriate to initiate the procedures necessary to enable the Board of Directors to again consider the proposed increase to the Rates and Charges for Service Level C and to decide whether to submit the proposed increase to the property owners at next available mail ballot election date. 5. The Board of Directors directs and authorizes the City Clerk/District Secretary to take such further actions as are necessary and appropriate under law to implement the cancellation of the Special Mail Ballot Election and to retain and dispose of any ballots which might be received in the manner required by law. 6. The City Clerk/District Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 24th day of July, 2007. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 07-_ was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 24th day of July, 2007, by the following vote: AYES: 0 BOARD MEMBERS: NOES: 0 BOARD MEMBERS: ABSENT: 0 BOARD MEMBERS: ABSTAIN: 0 BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary TCSD DEPARTMENTAL REPORT Ii - I. ITEM NO. 19 I I REDEVELOPMENT AGENCY Ii - I. ITEM NO. 20 I I MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY JULY 10, 2007 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:34 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Roberts, Washington, and Edwards ABSENT: 1 AGENCY MEMBERS: Naggar. Also present were Executive Director Nelson, City Attorney Thorson, and Deputy City Clerk Ballreich. PUBLIC COMMENTS No comments. RDA CONSENT CALENDAR 20 Minutes RECOMMENDATION: 20.1 Approve the minutes of June 26, 2007. 21 Annual Contract for Kevser Marston Associates. Inc. for Real Estate Economic and Affordable Housinc Consultinc Services for Fiscal Year 2007-08 RECOMMENDATION: 21.1 Approve an agreement with Keyser Marston Associates, Inc. in the amount of $80,000 to provide as-needed Real Estate Economic Consulting Services for Fiscal Year 2007-08 and Authorize the Redevelopment Chairperson to execute the agreement; 21.2 Approve an agreement with Keyser Marston Associates, Inc. in the amount of $75,000 to provide as-needed Affordable Housing Consulting Services for Fiscal Year 2007-08 and Authorize the Redevelopment Chairperson to execute the agreement. MOTION: Agency Member Washington moved to approve the Consent Calendar. Agency Member Comerchero seconded the motion and electronic vote reflected ,aooroval with the exceotion of Agency Member Naggar who was absent. R:\Minutes\071 007 RDA EXECUTIVE DIRECTORS REPORT No additional comments. RDA AGENCY MEMBERS REPORTS No additional comments. RDA ADJOURNMENT At 7:35 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, July 24,2007, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California. Maryann Edwards, Chairman ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:\Minutes\071 007 2 JOINT CITY COUNCIL AND RDA BUSINESS Ii - I. ITEM NO. 21 I I Approvals City Attorney Director of Finance City Manager ~( 1112. Cf0 CITY OF TEMECULAlTEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/City Manager Agency Members/City Council FROM: Peter M. Thorson, City Attorney DATE: July 24, 2007 SUBJECT: Temecula Promenade Mall East Parking Facility Owner Participation Agreement, Ground Sublease, Ring Road EnhancementAgreement, and Parking Management Agreement PREPARED BY: Peter M. Thorson, City Attorney RECOMMENDATION: That the City Council/Temecula Redevelopment Agency: 1. That the City Council adopt the following resolutions entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS FOR THE PURCHASE OF THE EAST PUBLIC PARKING FACILITY PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT, A GROUND SUBLEASE, AND A PARKING MANAGEMENT AGREEMENT FOR THE EAST PARKING FACILITY AND APPROVING THE RING ROAD ENHANCEMENT AGREEMENT FOR THE PROMENADE MALL 2. That the Temecula Redevelopment Agency adopt the following resolutions entitled: RESOLUTION NO. RDA 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS BY THE AGENCY FOR THE PURCHASE OF THE EAST PUBLIC PARKING FACILITY PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 RESOLUTION NO. RDA 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT, A GROUND SUBLEASE FOR THE EAST PARKING FACILITY, AND A PARKING MANAGEMENT AGREEMENT FOR THE EAST PARKING FACILITY RESOLUTION NO. RDA 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DESIGNATING CONSULTANTS IN CONNECTION WITH THE PROPOSED ISSUANCE OF TAX ALLOCATION BONDS FOR PARKING FACILITIES AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO BACKGROUND: The recommended actions before the City Council and Redevelopment Agency will provide for the Redevelopment Agency's acquisition of 936 public parking spaces in the proposed East Parking Facility in the Promenade Mall for $11 million. Tax Allocation Bonds will finance this payment, with debt service paid from tax increment revenues of the Agency. The recommended actions also provide for substantial improvements to the Ring Road surrounding the Mall at the expense of the developer of the Mall. Debt service on the tax allocation bonds will be approximately $875,000 per year. New sales tax revenue to the City from the Mall Expansion will be approximately $1.1 million per year and new tax increment revenue to the Agency from the Mall Expansion will be approximately $200,000 per year. On October 11, 1994 the City Council approved the Temecula Regional Center Specific Plan (SP No. 263) and Environmental Impact Report No. 340 with associated Mitigation Measures. On December 17, 1996, the City Council approved the Temecula Regional Center Development Agreement. On September 26, 2006, the City Council approved the First Amendment to the Development Agreement and Environmental Impact Report Addendum to extend the term of the Development Agreement for an additional three years to expire in January 2010 for subsequent construction of the final phase of retail commercial space and parking facilities within the Temecula Regional Center core commercial area. As part of the approval of the First Amendment, the City Council found that a supplemental or subsequent EI R need not be prepared, and that the City may rely on the Addendum to approve the proposed extension to the Development Agreement and the construction of the Final Phase of the Specific Plan. On February21, 2007 the Planning Commission reaffirmed the EIR Addendum findings approved a Development Plan and Conditional Use Permit to add 125,950 square feet of additional retail space to the Promenade Mall along with two parking structures (the "Mall Expansion"). Rino Road Imorovements: The Ring Road Enhancement Agreement provides for the following: D The owner and developer of the Mall (the "Developer") shall, at its own expense, make the following improvements to the Ring Road in order to improve traffic flow at the Mall (the "Ring Road Improvements"): -Reconfigure traffic lanes; -Upgrade traffic signage and street markings; -Closure and control of selected parking isles along the Ring Road; -Add traffic signals to Ring Road -Coordination of Ring Road traffic signals with public street signals; -Enhancement of pedestrian crossings along portions of the Ring Road; -Upgrades to access points for Power Center and Bel Villaggio (as provided in prior agreements with those properties) D The Ring Road Enhancement Plan containing details of the Ring Road Improvements to be constructed will be presented to the City Council for review and approval no later than April 15, 2008. D Construction costs for the Ring Road Improvements shall not exceed $2 million, based on the estimate of the Public Works Director. D Construction of the approved Ring Road Improvements shall be completed no later than March 31,2009, the expected date for opening of the Mall Expansion, unless extended for good cause by the City Manager. D $4 million of the $11 million in Bond proceeds for the Agency's purchase of the East Parking Facility will be withheld. $2 million will be released when the major department stores have approved the Ring Road I mprovement plan. The remaining $2 million will be released when the City Council approved Ring Road Improvements are completed to the satisfaction of the City. D If for any reason, the Ring Road Improvements are not completed by March 31,2009, the City may take over the construction of the Ring Road Improvements. D The parent company of the Developer, Forest City Enterprises, Inc., will guarantee the completion of the Ring Road Improvements and will pay all costs incurred by the City in the event the City takes over construction. Aoencv Acouisition of the East Public Parkino Facilitv The Agency will sublease the site of the East Parking Facility adjacent to the Edwards Cinemas and purchase the East Parking Facility so that it will be a public parking facility for the term of 30 years. As part of this transaction, the Agency's purchase price for the East Parking Facility will be $11 million. The cost of construction and the value of the East Parking Facility will be at least $22 million. The Agency will issue Tax Allocation Bonds to pay for the purchase of the East Parking Facility. The Agency-acquired public parking will serve members of the public patronizing the Power Center and Bel Villagio centers, as well as the Promenade Mall. The Owner Participation Agreement, and Ground Sublease contain the following terms that will implement the Agency's acquisition of the public parking: D Developer will construct the East Parking Facility. D Upon completion of the East Parking Facility, Agency will sublease the East Parking Facility Site from FC Temecula, Inc., an affiliate of the Developer. D Rent for the Site will be $1.00 per year for the 30 year term of the Ground Sublease. D Agency will acquire and own the East Parking Facility for a payment to FC Temecula of$11 million under the Acquisition Agreement. This amount is approximately 50% of the estimated cost of construction of the East Parking Facility. All costs of design and construction of the East Parking Facility in excess of the Agency's $11 million purchase price will be paid by the Developer. D Upon completion of the 30-year Ground Sublease, ownership of the East Parking Facilitywill revert to FC Temecula. D The $11 million payment will be made in two or more installments: the first of approximately $7 million will be made at the time of completion of the Mall Expansion in approximately March 2009; and the second of approximately $4 million will be made when the Bond funds are released from escrow. D $4 million of the first $7 million payment will be withheld. $2 million will be released upon approval of the Ring Road Improvements by the major department stores, and $2 million will be released when the Ring Road Improvements are completed. D The Developer will manage the East Parking Facility under a Parking Management Agreement. Under this Agreement, the Developer will assume all responsibility for the maintenance, insurance, and liability in the East Parking Facility. D The East Parking Facilitywill contain 75 park-and-ride spaces, butthe spaces will not permit overnight park-and-ride spaces. Additionally, the East Parking Facility straddles the boundary line of the Redevelopment Project Area. Therefore, the City Council and the Agency Board needs to make certain findings, under Health & Safety Code Section 33445, justifying the use of Agency funds outside of the Project Area for public improvements, even though only a small portion of the East Parking Facility is just a few feet outside of the Project Area boundary. The findings required by Section 33445 can be made with respect to the East Parking Facility and justify the use of tax increment funds by the Agency for the East Parking Facility. These findings are: (1) the East Parking Facility is of benefit to the Project Area orto the immediate neighborhood in which the East Parking Facility is located; (2) no other reasonable means of financing the East Parking Facility are available to the community; and, (3) the paymentforthe cost of the East Parking Facility will assist in the elimination of one or more blighting conditions inside the Temecula Redevelopment Project Area. The East Parking Facility is of benefit to the Project Area. Construction of the East Parking Facility will benefit the Project Area in that the East Parking Facility will: (1) provide for public service infrastructure, specifically parking facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan; (3) promote the expansion of the Project Area's commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4) assist in the continued development of the Project Area surrounding the East Parking Facility as a tourist destination with shopping, entertainment and dining facilities, and enhancement of the tourist industry as a major economic force within the Community and Project Area; (5) upgrades the physical appearance of the Project Area; (6) encourages investment in the Project Area by the private sector; and, (7) contribute to enhanced short term and long term employment opportunities in the Project Area, including, without limitation, the providing of jobs to the unemployed and underemployed workers. Construction and installation of the East Parking Facility will assist in the elimination of blight in the Project Area as identified in the proceedings establishing the Project Area and the Implementation Plan for the Project Area, adopted in December 2004, pursuant to Health and Safety Code Section 33490, in that the East Parking Facilitywill: (1) provide for public service infrastructure, specifically parking facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan; (3) promote the expansion of the Project Area's commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4) assist in the continued development of the Project Area surrounding the East Parking Facility as a tourist destination with shopping, entertainment and dining facilities, and enhancement of the tourist industry as a major economic force within the Community and Project Area; (5) upgrades to the physical appearance of the Project Area; (6) encourages investment in the Project Area by the private sector; and, (7) contribute to enhanced short term and long term employment opportunities in the Project Area, including, without limitation, the providing of jobs to the unemployed and underemployed workers. No other reasonable means of financing the East Parking Facility are available to the City. The prudent budget constraints of the City prevent the City from financing the proposed East Parking Facility by any means. No moneys of the City are available to pay for the cost of the East Parking Facilities. The City has allocated undesignated funds in its reserves for other necessary public improvements, including high priority traffic, roadway, interchange, flood control, and public improvement projects which cannot be funded with Agencyfunds or other special funds. Developer will not fund public parking spaces, only parking spaces limited to patrons of the Mall. Traditional methods of financing the East Parking Facility, such as the issuance of general obligation bonds, are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two-thirds of the electorate. Assessment financing or special tax financing of the Public I mprovements could overburden benefiting properties with assessments or special taxes and, in addition, special taxes and assessments require a two-thirds vote. Additionally other financing mechanisms are committed to the development of the proposed City Hall in the Old Town area. The Public Improvements are consistent with the Agency's Implementation Plan adopted in December 2004, pursuant to Health and Safety Code Section 33490, for the reasons cited in this section of the Report. Tax Allocation Bonds The Agency's $11 million payment for purchase of the East Parking Facility will be financed through the issuance of Tax Allocation Bonds. The Bond issue will be approximately $12.7 million to provide for closing costs and reserve funds, as well as the $11 million for purchase of the East Parking Facility. Bonds are expected to be approved by the Agency Board in September 2007, and sold in October 2007. Debt service on these bonds will be paid from tax increment funds from the entire Redevelopment Project Area. Debt service on the tax allocation bonds will be approximately $875,000 per year. New sales tax revenue to the City from the Mall Expansion will be approximately $1.1 million per year, and new tax increment revenue to the Agency from the Mall Expansion will be $200,000 per year. At the present time, the Agency's tax increment revenue is not sufficient to support the full amount of this Bond Issue along with the Agency's other bond issues and pledged financial obligations. The Agency's independent tax consultant estimates, however, the tax increment revenues will be sufficient to support the use of $7 million of the Bonds for the initial payment for the East Parking Facility by March 2009, the estimated opening of the Mall, and the remaining $4 million approximately 18 months later. As a result of these calculations, the Bonds are expected to be issued in the full amount of approximately $12.7 million, but the proceeds will be escrowed until the tax increment revenues are sufficient to support the full Bond Issue. This ensures that the Agencywill always be able to repay any Bonds and other financial obligations incurred by the Agency. Environmental Review In approving the First Amendment to the Development Agreement, the City Council found that the Mall Expansion does not require the preparation of a subsequent Environmental I mpact Report or Mitigated Negative Declaration as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. Specifically, the City Council found that the Mall Expansion does not involve significant new effects, does not change the baseline environmental conditions, and does not represent new information of substantial importance which shows that the Mall Expansion will have one or more significant effects not previously discussed in the FEIR and Addendum. The Development Agreement provides that the Developer has vested rights to proceed with the Project. All potential environmental impacts associated with the Project are adequately addressed by the prior FEIR and the Addendum approved as part of the extension of the Development Agreement. Any impacts concerning aesthetics, agricultural resources, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation/traffic, utilities and service systems, were all studied as part of the FEIR and Addendum. The prior approvals of the Development Agreement and the extension of the term of the Development Agreement by the FirstAmendment to the Development Agreement based on the FEIR and Addendum establish that the mitigation measures contained in the FEIR and the terms of the Development Agreement will reduce those impacts to a level that is less than significant. The Application for PA 06-0293 is the vehicle by which the City confirms that the standards and requirements established in the Development Agreement for the Developer's vested right to construct the Project have been properly implemented and does not provide for any new structures or uses not fully contemplated and addressed in the Development Agreement. Although not required as part of the CEQA review, the City Council also reviewed a Supplemental Traffic Analysis for the Promenade Mall Expansion, prepared by RBF Consulting, which determined "that cumulative trip generation estimated for the approved Promenade Mall/Power Center I and II, Costco, Bel Villagio/Overland Corporate Center, and proposed Promenade Mall Expansion project falls within the Specific Plan total included in the original EI R Traffic Study previously approved by the City." The analysis concluded that "the Promenade Mall Expansion project, as currently proposed, is consistent with the original Temecula Regional Center Specific Plan EIR Traffic Study." In addition to the mitigation measures incorporated into the project by the FEIR, the Specific Plan and the City's General Plan, the City entered into a Settlement Agreement with the County of Riverside, dated as of May 2005, in which the County has agreed to required development in the Interstate-215 area to become part of a fully funded community facilities district for the construction of various roadways designed to reduce the traffic on Winchester Road. The Planning Commission also reviewed these CEQA findings in its consideration of the Mall Expansion in February 2007. The recommended actions implement the previous approvals for the Mall Expansion without any modification of those approvals. The recommended actions provide the financial means by which the improvements will be constructed. FISCAL IMPACT: Upon the issuance of the anticipated Tax Allocation Bonds, the Agency will be obligated to pay debt service of approximately $875,000 for 30 years. ATTACHMENTS: Resolution No. 07-_ (Findings) Resolution No. 07-_ (Agreements) Resolution No. RDA 07-_ (Findings) Resolution No. RDA 07-_ (Agreements) Resolution No. RDA 07-_ (Consultants) Owner Participation Agreement Ground Lease Ring Road Enhancement Agreement Parking Management Agreement - ~-- ..--- ~...-- ON OF EAST PARKING PAD DEPICTI EAST PARK\NG PAD / -1- .' r . . ~ I: ~. DEPICTION OF RING ROAD Rin~ Road III II I i '00' I, I , / / / / / / / , / / / / / / / / / / / / / / / / / / / / / / / / / I II ~ -------------=;;-~ - ,# YNEZ I ') r-r ./'--- '\ r----- /; RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS FOR THE PURCHASE OF THE EAST PUBLIC PARKING FACILITY PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findinas. declares that: The City Council hereby finds, determines and A. The Redevelopment Agency of the City of Temecula ("Agency") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City ofTemecula. B. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan (the "Project Area") are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91- 11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. C. The proposed Owner Participation Agreement, Ground Sublease for Promenade Mall East Parking Facility, and Parking Management Agreement (the "Agreements") provide for the lease or sublease of property, the purchase and sale of, and the management and operations of a parking facility which is proposed to be constructed near the Promenade Mall and which has been approved for construction by the City of Temecula Planning Commission by Resolution No. 07-10 (the "East Parking Facility"). D. Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et seq.), and in particular Sections 33390, 33391 and 33445 thereof, and the Plan, and in particular Sections 200, 300, 310, 321, 344, and 355 thereof, the Agency proposes to purchase the completed the East Parking Facility for public parking. E. The East Parking Facility is of benefit to the Project Area. Construction and purchase of the East Parking Facility will benefit the Project Area in that the East Parking Facility will:(1) provide for public service infrastructure, specifically parking facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan; (3) promote the expansion of the Project Area's commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4) assist in the continued development of the Project Area surrounding the East Parking Facility as a tourist destination with shopping, entertainment and dining facilities and enhancement of the tourist industry as a major economic force within the Project Area; (5) upgrades the physical appearance of the Project Area; (6) encourages investment in the Project Area by the private sector; and (7) contribute to enhanced short term and long term employment opportunities in the Project Area, including, without limitation, the providing of jobs to the unemployed and underemployed workers. F. Construction and purchase of the East Parking Facility will assist in the elimination of blight in the Project Area as identified in the proceedings establishing the Project Area and the Implementation Plan for the Project Area adopted in December 2004 pursuant to Health and Safety Code Section 33490 in that the East Parking Facility will: (1) provide for public service infrastructure, specifically parking facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan; (3) promote the expansion of the Project Area's commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4) assist in the continued development of the Project Area surrounding the East Parking Facility as a tourist destination with shopping, entertainment and dining facilities and enhancement of the tourist industry as a major economic force within the Project Area; (5) upgrades the physical appearance of the Project Area; (6) encourages investment in the Project Area by the private sector; and (7) contribute to enhanced short term and long term employment opportunities in the Project Area, including, without limitation, the providing of jobs to the unemployed and underemployed workers. G. No other reasonable means of financing the East Parking Facility are available to the City. The prudent budget constraints of the City prevent the City from financing the proposed East Parking Facility by any means. No moneys of the City are available to pay for the cost of the East Parking Facilities. The City has allocated undesignated funds in its reserves for other necessary public improvements, including high priority traffic, roadway, interchange, flood control, and public improvement projects which cannot be funded with Agency funds or other special funds. Developer will not fund public parking spaces, only parking spaces limited to patrons of the Mall. Traditional methods of financing the East Parking Facility, such as the issuance of general obligation bonds, are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two-thirds of the electorate. Assessment financing or special tax financing of the Public Improvements could overburden benefiting properties with assessments or special taxes and, in addition, special taxes and assessments require a two-thirds vote. Additionally other financing mechanisms are committed to the development of the proposed City Hall in the Old Town area. H. The Public Improvements are consistent with the Agency's Implementation Plan adopted in December 2004 pursuant to Health and Safety Code Section 33490 for the reasons cited in this Resolution. Section 2. Aooroval of Use of Aaencv Funds for East Parkina Facilitv. Pursuant to Health & Safety Code Section 33445 and the findings set forth above, the City Council hereby approves the use of tax increment funds for the construction and purchase of the East Parking Facility as described in this Resolution. Section 3. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 26th day of June, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26th day of June, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT, A GROUND SUBLEASE, AND A PARKING MANAGEMENT AGREEMENT FOR THE EAST PARKING FACILITY AND APPROVING THE RING ROAD ENHANCEMENT AGREEMENT FOR THE PROMENADE MALL THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findinas,. declare that: The City Council does hereby find, determine and A. The Redevelopment Agency of the City of Temecula ("Agency") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City ofTemecula. B. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan (the "Project Area") are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91- 11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County of Riverside to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. C. The proposed Owner Participation Agreement, Ground Sublease for Promenade Mall East Parking Facility, and Parking Management Agreement (the "Agreements") provide for the lease or sublease of property, the purchase and sale of a parking facility, and the management and operations of a parking facility which is proposed to be constructed near the Promenade Mall and which has been approved for construction by the City of Temecula Planning Commission by Resolution No. 07-10 (the "East Parking Facility"). D. Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et seq.), and in particular Sections 33390, 33391 and 33445 thereof, and the Plan, and in particular Sections 200, 300, 310, 321, 344, and 355 thereof, the Agency proposes to purchase the completed the East Parking Facility for public parking. E. The East Parking Facility is of benefit to the Project Area. Construction and purchase of the East Parking Facility will benefit the Project Area in that the East Parking Facility will: (1) provide for public service infrastructure, specifically parking facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan; (3) promote the expansion of the Project Area's commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4) assist in the continued development of the Project Area surrounding the East Parking Facility as a tourist destination with shopping, entertainment and dining facilities and enhancement of the tourist industry as a major economic force within the Community and the Project Area; (5) upgrades the physical appearance of the Project Area; (6) encourages investment in the Project Area by the private sector; and (7) contribute to enhanced short term and long term employment opportunities in the Project Area, including, without limitation, the providing of jobs to the unemployed and underemployed workers. F. Construction and purchase of the East Parking Facility will assist in the elimination of blight in the Project Area as identified in the proceedings establishing the Project Area and the Implementation Plan for the Project Area adopted in December 2004 pursuant to Health and Safety Code Section 33490 in that the East Parking Facility will: (1) provide for public service infrastructure, specifically parking facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan; (3) promote the expansion of the Project Area's commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4) assist in the continued development of the Project Area surrounding the East Parking Facility as a tourist destination with shopping, entertainment and dining facilities and enhancement of the tourist industry as a major economic force within the Project Area; (5) upgrades the physical appearance of the Project Area; (6) encourages investment in the Project Area by the private sector; and (7) contribute to enhanced short term and long term employment opportunities in the Project Area, including, without limitation, the providing of jobs to the unemployed and underemployed workers. G. No other reasonable means of financing the construction and purchase of East Parking Facility are available to the City. The prudent budget constraints of the City prevent the City from financing the proposed construction and purchase of the East Parking Facility by any means. No moneys of the City are available to pay for the cost of the East Parking Facilities. The City has allocated undesignated funds in its reserves for other necessary public improvements, including high priority traffic, roadway, interchange, flood control, and public improvement projects which cannot be funded with Agency funds or other special funds. Developer will not fund public parking spaces, only parking spaces limited to patrons of the Promenade Mall. Traditional methods of financing the East Parking Facility, such as the issuance of general obligation bonds, are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two-thirds of the electorate. Assessment financing or special tax financing of the East Parking Facility could overburden benefiting properties with assessments or special taxes and, in addition, special taxes and assessments require a two-thirds vote. Additionally other financing mechanisms are committed to the development of the proposed City Hall in the Old Town area. H. Prior to the adoption of this Resolution, the City Council adopted Resolution No. 07-_ and the Agency adopted Resolution 07-_ each making certain findings required by Health & Safety Code Section 33445 and approving the Agency's use of tax increment funds for the purposes set forth in this Resolution. I. The construction and purchase of the East Parking Facility is consistent with the Agency's Implementation Plan adopted in December 2004 pursuant to Health and Safety Code Section 33490 for the reasons cited in this Resolution. J. The City Council has duly considered all terms and conditions of the proposed Agreements and believes that the Agreements are in the best interests of the Agency and City and the health, safety, and welfare of their residents, and in accord with the public purposes and provisions of applicable State and local law requirements. K. The Agreements pertain to and affect the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and each of them is intended to be a contract within the meaning of Government Code Section 53511. L. All legal prerequisites to the adoption of this Resolution have occurred. Section 2. Environmental Determinations. A. In approving the First Amendment to the Development Agreement for the Promenade Mall on December 17, 2006, the City Council found that the Mall Expansion (as defined therein) does not require the preparation of a subsequent Environmental Impact Report or Mitigated Negative Declaration as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. B. Specifically, the City Council found that the Mall Expansion does not involve significant new effects, does not change the baseline environmental conditions, and does not represent new information of substantial importance which shows that the Mall Expansion will have one or more significant effects not previously discussed in the FEIR and Addendum. The Development Agreement provides that the Developer has vested rights to proceed with the Mall Expansion. All potential environmental impacts associated with the Mall Expansion are adequately addressed by the prior FEIR and the Addendum approved as part of the extension of the Development Agreement. Any impacts concerning aesthetics, agricultural resources, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation/traffic, utilities and service systems, were all studied as part of the FEIR and Addendum. The prior approvals of the Development Agreement and the extension of the term of the Development Agreement by the First Amendment to the Development Agreement based on the FEIR and Addendum establish that the mitigation measures contained in the FEIR and the terms of the Development Agreement will reduce those impacts to a level that is less than significant. The Application for PA 06-0293 is the vehicle by which the City confirms that the standards and requirements established in the Development Agreement for the Developer's vested right to construct the Mall Expansion have been properly implemented and does not provide for any new structures or uses not fully contemplated and addressed in the Development Agreement. C. Although not required as part of the CEQA review, the City Council also reviewed a Supplemental Traffic Analysis for the Promenade Mall Expansion, prepared by RBF Consulting which determined "that cumulative trip generation estimated for the approved Promenade Mall/Power Center I and II, Costco, Bel Villagio/Overland Corporate Center, and proposed Promenade Mall Expansion project falls within the Specific Plan total included in the original EIR Traffic Study previously approved by the City." The analysis concluded that "the Promenade Mall Expansion project, as currently proposed, is consistent with the original Temecula Regional Center Specific Plan EIR Traffic Study". In addition to the mitigation measures incorporated into the Mall Expansion by the FEIR, the Specific Plan and the City's General Plan, the City entered into a Settlement Agreement with the County of Riverside, dated as of May 2005, in which the County has agreed to required development in the 1-215 Area to become part of a fully and funded Community Facilities District for the construction of various roadways designed to reduce the traffic on Winchester Road. D. The Planning Commission also reviewed these CEQA findings in its consideration of the Mall Expansion and adoption of Resolution No. 07-10. E. The recommended actions implement the previous approvals for the Mall Expansion without any modification of those approvals. The recommended actions provide the financial means by which the improvements will be constructed. Section 3. Aooroval of Aareements. The City Council of the City of Temecula hereby approves the Owner Participation Agreement, Ground Sublease for Promenade Mall East Parking Facility, and Parking Management Agreement and consents to the Agency approval of said Agreements. Section 4. Aooroval of Rina Road Enhancement Aareement. The City Council of the City of Temecula hereby approves that certain agreement entitled "Ring Road Enhancement Agreement" by and between the City of Temecula ("Agency") and Temecula Town Center Associates, LP, a California limited partnership ("Developer"), with such changes in such Ring Road Enhancement Agreement as may be mutually agreed upon by the Developer and the City Manager as is in substantial conformance with the form of such Ring Road Enhancement Agreement which is on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Ring Road Enhancement Agreement, including related exhibits and attachments on behalf of the City. A copy of the final Ring Road Enhancement Agreement when executed by the Mayor shall be placed on file in the Office of the City Clerk. Section 5. Citv Manaaer's Authoritv. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Ring Road Enhancement Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the said agreement and to enter into on behalf of the City such amendment to said Agreement as may be necessary or convenient to implement its purposes. Section 6. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 26th day of June , 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26th day of June, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk RESOLUTION NO. RDA 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA MAKING CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS BY THE AGENCY FOR THE PURCHASE OF THE EAST PUBLIC PARKIS FACILITY PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY EHEMECULA DOES HERE BY RESOLVE AS FOLLOWS: Section 1. Findinas,. The Agency hereby finds, determines and declares that: A. The Redevelopment Agency of the City of Temecula ("Agency") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq., and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City ofTemecula. B. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan (the "Project Area") are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91- 11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. C. The proposed Owner Participation Agreement, Ground Sublease for Promenade Mall East Parking Facility, and Parking Management Agreement (the "Agreements") provide for the lease or sublease of property, the purchase and sale of, and the management and operations of a parking facility which is proposed to be constructed near the Promenade Mall and which has been approved for construction by the City of Temecula Planning Commission by Resolution No. 07-10 (the "East Parking Facility"). D. Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et seq.), and in particular Sections 33390, 33391 and 33445 thereof, and the Plan, and in particular Sections 200, 300, 310, 321, 344, and 355 thereof, the Agency proposes to purchase the completed the East Parking Facility for public parking. E. The East Parking Facility is of benefit to the Project Area. Construction and purchase of the East Parking Facility will benefit the Project Area in that the East Parking Facility will: (1) provide for public service infrastructure, specifically parking facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan; (3) promote the expansion of the Project Area's commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4) assist in the continued development of the Project Area surrounding the East Parking Facility as a tourist destination with shopping, entertainment and dining facilities, and enhancement of the tourist industry as a major economic force within the Project Area; (5) upgrades to the physical appearance of the Project Area; (6) encourages investment in the Project Area by the private sector; and (7) contribute to enhanced short term and long term employment opportunities in the Project Area, including, without limitation, the providing of jobs to the unemployed and underemployed workers. F. Construction and installation of the East Parking Facility will assist in the elimination of blight in the Project Area as identified in the proceedings establishing the Project Area and the Implementation Plan for the Project Area adopted in December 2004, pursuant to Health and Safety Code Section 33490, in that the East Parking Facility will: (1) provide for public service infrastructure, specifically parking facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan; (3) promote the expansion of the Project Area's commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4) assist in the continued development of the Project Area surrounding the East Parking Facility as a tourist destination with shopping, entertainment and dining facilities, and enhancement of the tourist industry as a major economic force within the Project Area; (5) upgrades to the physical appearance of the Project Area; (6) encourages investment in the Project Area by the private sector; and (7) contribute to enhanced short term and long term employment opportunities in the Project Area, including, without limitation, the providing of jobs to the unemployed and underemployed workers. G. No other reasonable means of financing the East Parking Facility are available to the City. The prudent budget constraints of the City prevent the City from financing the proposed East Parking Facility by any means. No moneys of the City are available to pay for the cost of the East Parking Facilities. The City has allocated undesignated funds in its reserves for other necessary public improvements, including high priority traffic, roadway, interchange, flood control, and public improvement projects which cannot be funded with Agency funds or other special funds. Developer will not fund public parking spaces, only parking spaces limited to patrons of the Mall. Traditional methods of financing the East Parking Facility, such as the issuance of general obligation bonds, are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two-thirds of the electorate. Assessment financing or special tax financing of the Public Improvements could overburden benefiting properties with assessments or special taxes and, in addition, special taxes and assessments require a two-thirds vote. Additionally, other financing mechanisms are committed to the development of the proposed City Hall in the Old Town area. H. The Public Improvements are consistent with the Agency's Implementation Plan adopted in December 2004, pursuant to Health and Safety Code Section 33490, for the reasons cited in this Resolution. Section 2. Aooroval of Use of Aaencv Funds for East Parkina Facilitv. Pursuant to Health & Safety Code Section 33445 and the findings set forth above, the Agency hereby approves the use of tax increment funds for the construction and purchase of the East Parking Facility as described in this Resolution. Section 3. Certification. The Secretary of the Agency shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula this 26th day of June , 2007. Maryann Edwards,Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 07- was duly and regularly adopted by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula at a meeting thereof held on the 26th day of June ,2007, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary RESOLUTION NO. RDA 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT, A GROUND SUBLEASE FOR THE EAST PARKING FACILITY, AND A PARKING MANAGEMENT AGREEMENT FOR THE EAST PARKING FACILITY THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY EHEMECULA DOES HERE BY RESOLVE AS FOLLOWS: Section 1. Findinas,. The Agency hereby finds, determines and declares that: A. The Redevelopment Agency of the City of Temecula ("Agency") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq., and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City ofTemecula. B. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan (the "Project Area") are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91- 11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. C. The Owner Participation Agreement, Ground Sublease for Promenade Mall East Parking Facility, and Parking Management Agreement (the "Agreements") provide for the lease or sublease of property, the purchase and sale of a parking facility, and the management and operations of a parking facility which is proposed to be constructed near the Promenade Mall and which has been approved for construction by the City of Temecula Planning Commission by Resolution No. 07-10 (the "East Parking Facility"). D. Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et seq.), and in particular Sections 33390, 33391 and 33445 thereof, and the Plan, and in particular Sections 200, 300, 310, 321, 344, and 355 thereof, the Agency proposes to purchase the completed the East Parking Facility for public parking. E. The East Parking Facility is of benefit to the Project Area. Construction and purchase of the East Parking Facility will benefit the Project Area in that the East Parking Facility will: (1) provide for public service infrastructure, specifically parking facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan; (3) promote the expansion of the Project Area's commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4) assist in the continued development of the Project Area surrounding the East Parking Facility as a tourist destination with shopping, entertainment and dining facilities, and enhancement of the tourist industry as a major economic force within the Community and the Project Area; (5) upgrades to the physical appearance of the Project Area; (6) encourages investment in the Project Area by the private sector; and (7) contribute to enhanced short term and long term employment opportunities in the Project Area, including, without limitation, the providing of jobs to the unemployed and underemployed workers. F. Construction and installation of the East Parking Facility will assist in the elimination of blight in the Project Area as identified in the proceedings establishing the Project Area and the Implementation Plan for the Project Area adopted in December 2004, pursuant to Health and Safety Code Section 33490, in that the East Parking Facility will: (1) provide for public service infrastructure, specifically parking facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan; (3) promote the expansion of the Project Area's commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4) assist in the continued development of the Project Area surrounding the East Parking Facility as a tourist destination with shopping, entertainment and dining facilities, and enhancement of the tourist industry as a major economic force within the Project Area; (5) upgrades to the physical appearance of the Project Area; (6) encourages investment in the Project Area by the private sector; and (7) contribute to enhanced short term and long term employment opportunities in the Project Area, including, without limitation, the providing of jobs to the unemployed and underemployed workers. G. No other reasonable means of financing the East Parking Facility are available to the City. The prudent budget constraints of the City prevent the City from financing the proposed East Parking Facility by any means. No moneys of the City are available to pay for the cost of the East Parking Facilities. The City has allocated undesignated funds in its reserves for other necessary public improvements, including high priority traffic, roadway, interchange, flood control, and public improvement projects which cannot be funded with Agency funds or other special funds. Developer will not fund public parking spaces, only parking spaces limited to patrons of the Promenade Mall. Traditional methods of financing the East Parking Facility, such as the issuance of general obligation bonds, are unavailable as a practical matter because of the extraordinary majority voter approval requirements of two-thirds of the electorate. Assessment financing or special tax financing of the East Parking Facility could overburden benefiting properties with assessments or special taxes and, in addition, special taxes and assessments require a two-thirds vote. Additionally, other financing mechanisms are committed to the development of the proposed City Hall in the Old Town area. H. Prior to the adoption of this Resolution, the City Council of the City of Temecula adopted Resolution No. 07-_, and the Agency adopted Resolution No. 07-_, making certain findings required by Health & Safety Code Section 33445 and approving the Agency's use of tax increment funds for the purposes set forth in this Resolution. I. The construction and purchase of the East Parking Facility are consistent with the Agency's Implementation Plan adopted in December 2004, pursuant to Health and Safety Code Section 33490, for the reasons cited in this Resolution. J. The Agency Board has duly considered all terms and conditions of the proposed Agreements and believes that the Agreements are in the best interests of the Agency and City and the health, safety, and welfare of their residents, and in accord with the public purposes and provisions of applicable State and local law requirements. K. The Agreements pertain to and affect the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and each of them is intended to be a contract within the meaning of Government Code Section 53511. L. All legal prerequisites to the adoption of this Resolution have occurred. Section 2. Environmental Determinations. A. In approving the First Amendment to the Development Agreement for the Promenade Mall on December 17, 2006, the City Council found that the Mall Expansion (as defined therein) does not require the preparation of a subsequent Environmental Impact Report or Mitigated Negative Declaration as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. B. Specifically, the City Council found that the Mall Expansion does not involve significant new effects, does not change the baseline environmental conditions, and does not represent new information of substantial importance which shows that the Mall Expansion will have one or more significant effects not previously discussed in the FEIR and Addendum. The Development Agreement provides that the Developer has vested rights to proceed with the Mall Expansion. All potential environmental impacts associated with the Mall Expansion are adequately addressed by the prior FEIR and the Addendum approved as part of the extension of the Development Agreement. Any impacts concerning aesthetics, agricultural resources, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation/traffic, utilities and service systems, were all studied as part of the FEIR and Addendum. The prior approvals of the Development Agreement and the extension of the term of the Development Agreement by the First Amendment to the Development Agreement based on the FEIR and Addendum establish that the mitigation measures contained in the FEIR and the terms of the Development Agreement will reduce those impacts to a level that is less than significant. The Application for PA 06-0293 is the vehicle by which the City confirms that the standards and requirements established in the Development Agreement for the Developer's vested right to construct the Mall Expansion have been properly implemented and does not provide for any new structures or uses not fully contemplated and addressed in the Development Agreement. C. Although not required as part of the CEQA review, the City Council also reviewed a Supplemental Traffic Analysis for the Promenade Mall Expansion, prepared by RBF Consulting which determined "that cumulative trip generation estimated for the approved Promenade Mall/Power Center I and II, Costco, Bel Villagio/Overland Corporate Center, and proposed Promenade Mall Expansion project falls within the Specific Plan total included in the original EIR Traffic Study previously approved by the City." The analysis concluded that "the Promenade Mall Expansion project, as currently proposed, is consistent with the original Temecula Regional Center Specific Plan EIR Traffic Study". In addition to the mitigation measures incorporated into the Mall Expansion by the FEIR, the Specific Plan and the City's General Plan, the City entered into a Settlement Agreement with the County of Riverside, dated as of May 2005, in which the County has agreed to required development in the 1-215 Area to become part of a fully and funded Community Facilities District for the construction of various roadways designed to reduce the traffic on Winchester Road. D. The Planning Commission also reviewed these CEQA findings in its consideration of the Mall Expansion and adoption of Resolution No. 07-_. E. The recommended actions implement the previous approvals for the Mall Expansion without any modification of those approvals. The recommended actions provide the financial means by which the improvements will be constructed. Section 3. Aooroval of OPA. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain agreement entitled "Owner Participation Agreement" by and between the Redevelopment Agency of the City of Temecula ("Agency) and Temecula Town Center Associates, LP, a California limited partnership, and/or F.C. Temecula, Inc., a California corporation (collectively "Developer"), with such changes in such Owner Participation Agreement as may be mutually agreed upon by the Developer and the Agency Executive Director as is in substantial conformance with the form of such Owner Participation Agreement which is on file in the Office of the Agency Secretary. The Chairperson of the Agency is hereby authorized to execute the Owner Participation Agreement, including related exhibits and attachments on behalf of the Agency. A copy of the final Owner Participation Agreement when executed by the Agency Chairperson shall be placed on file in the Office of the Secretary of the Agency. Section 4. Aooroval of Ground Sublease. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain agreement entitled "Ground Sublease for Promenade Mall East Parking Facility" by and between the Agency and FC Temecula, Inc., with such changes in such Ground Sublease as may be mutually agreed upon by FC Temecula, Inc. and the Agency Executive Director as is in substantial conformance with the form of such Ground Sublease which is on file in the Office of the Agency Secretary. The Chairperson of the Agency is hereby authorized to execute the Ground Sublease, including related exhibits and attachments on behalf of the Agency. A copy of the final Ground Sublease when executed by the Agency Chairperson shall be placed on file in the Office of the Secretary of the Agency. Section 5. Aooroval of Parkina Manaaement Aareement. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain agreement entitled "Parking Management Agreement" by and between the Agency and Developer, with such changes in such Parking Management Agreement as may be mutually agreed upon by the Developer and the Agency Executive Director as is in substantial conformance with the form of such Parking Management Agreement which is on file in the Office of the Agency Secretary. The Chairperson of the Agency is hereby authorized to execute the Acquisition Agreement, including related exhibits and attachments on behalf of the Agency. A copy of the final Parking Management Agreement when executed by the Agency Chairperson shall be placed on file in the Office of the Secretary of the Agency. Section 6. Executive Director's Authoritv. The Executive Director of the Agency (or his designee), is hereby authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry out and implement the Owner Participation Agreement, Ground Sublease for Promenade Mall East Parking Facility, and Parking Management Agreement, and to administer the Agency's obligations, responsibilities and duties to be performed under the said agreements, including but not limited to, approval and execution on behalf of the Agency of the Acquisition Agreement described and authorized in the Owner Participation Agreement, escrow instructions, acceptances, certificates, certificates of completion and such other implementing agreements and documents as contemplated, necessary or described in the Agreements. Section 7. Certification. The Secretary of the Agency shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula this 26th day of June , 2007. Maryann Edwards,Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 07- was duly and regularly adopted by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula at a meeting thereof held on the 26th day of June ,2007, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary RESOLUTION NO. RDA 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DESIGNATING CONSULTANTS IN CONNECTION WITH THE PROPOSED ISSUANCE OF TAX ALLOCATION BONDS FOR PARKING FACILITIES AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. In connection with the activities of the Redevelopment Agency of the City of Temecula (the "Agency") related to its Temecula Redevelopment Project No. 1 (the "Redevelopment Project"), the Agency is considering entering into an Owner Participation Agreement (the "OPA"), as well as a Promenade Mall Ring Road Enhancement Agreement, and a Ground Lease for Promenade Mall East Parking Facility, with Temecula Towne Center Associate, L.P., a California limited partnership (the "Developer"), in connection with various improvements to the Temecula Promenade Mall. Section 2. The improvements to be made include the construction by the Developer of an East Parking Facility, and the contribution by the Agency of $11,000,000 (the "Agency Contribution") towards the costs of the East Parking Facility, all as more specifically described in the OPA. Section 3. In order to finance the Agency contribution, the Agency expects to issue its Redevelopment Agency of the City of Temecula, Temecula Redevelopment Project No.1, 2007 Tax Allocation Bonds (the "Bonds"), the principal of and interest on which will be payable from tax increment revenues received by the Agency from the Redevelopment Project. Section 4. Officers and officials of the Agency are hereby authorized to proceed with the preparation of documents necessary to provide for the issuance and sale of the Bonds. All such documents to which the Agency will be a party shall be subject to the final approval thereof by the Agency at a subsequent Agency meeting. Section 5. Fieldman, Rolapp & Associates is hereby designated as financial advisor to the Agency, and HdL Companies is hereby designated as fiscal consultant to the Agency, in connection with the issuance and sale of the Bonds. The Executive Director is hereby authorized and directed to execute agreements with said firms, or amendments to or a direction to provide additional services under, any existing agreement between the Agency and one or both of said firms, for their services with respect to the Bonds, in forms acceptable to the Executive Director and Agency Counsel. Section 6. Quint & Thimmig LLP is hereby designated as bond counsel to the Agency, and McFarlin & Anderson LLP is hereby designated as disclosure counsel to the Agency, in connection with the issuance and sale of the Bonds. The Executive Director is hereby authorized and directed to execute agreements for legal services with such firms, in forms acceptable to the Executive Director and Agency Counsel; provided that any and all compensation payable to such firms shall be contingent upon the sale and issuance of the Bonds. Section 7. Stone & Youngberg LLC, is hereby designated as underwriter to the Agency in connection with the issuance and sale of the Bonds. Section 8. The Chairperson, the Vice Chairperson, the Executive Director, the Treasurer, Agency Counsel, the Secretary and all other appropriate officials of the Agency are hereby authorized and directed to execute such other agreements, documents and certificates as may be necessary to effect the purposes of this Resolution and the financing herein authorized. Section 9. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula this 26th day of June , 2007. Maryann Edwards,Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 07- was duly and regularly adopted by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula at a meeting thereof held on the 26th day of June ,2007, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Temecnla 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Attention: City Clerk Exempt from recording rees pursuant to Gov!. Cod. Sec. 27383 (Space above for recorder's use) OWNER P ARTICIP A TION AGREEMENT, THIS OWNER P ARTICIP ATION AGREEMENT ("Agreement") is dated as of July 24, 2007 (the "Effective Date") and is entered into by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic (the "Agency"), TEMECULA TOWNE CENTER ASSOCIATES, L.P, a California limited partnership ("TTCA") and F.e. TEMECULA, INC., a California corporation ("FC Temecula" and together with TTCA, the "Developers"). RECITALS This Agreement is entered into with reference to the following facts: A. Agency is a public body, corporate and politic, exercising govemmental functions and powers, and organized and existing under the Redevelopment Law (as defined in Section 1.1) (being S 33000 et. seq. of the Health and Safety Code ofthe State of Cali fomi a). B. TTCA currently owns the fee interest in certain real property which is part of a larger parcel and in, and adjacent to, the Project Area (as defined below) located in the City of Temecula, County of Riverside, State of California, and more particularly depicted on Exhibit A (the "East Parking Pad"). The East Parking Pad currently serves as surface parking for the LAI1731804.7 I 16:05 Promenade Mall and is intended to serve as the final site on which the East Parking Facility will be located. TTCA intends to lease the East Parking Pad to FC Temecula and FC Temecula intends to construct and own the East Parking Facility thereon prior to purchase thereof by the Agency pursuant to the terms hereof and the Acquisition Agreement. FC Temecula intends to sublease the East Parking Pad to Agency concurrently with the sale of the East Parking Facility to Agency. C. The purpose of this Agreement is to effectuate the Redevelopment Plan (as defined in Section 1.1) for Redevelopment Project Area No. 1988-1 (the "Project Area"), in the City of Temecula, Califomia, by facilitating construction of the East Parking Facility (as defined in Section 1.1) on the East Parking Pad, as more particularly described below. D. Development of the East Parking Facility is in the best and vital interests of Agency and the City, and the health, safety and welfare of the residents and taxpayers in the City, and is in accord with the public purposes and provisions of applicable state and local laws. Construction and purchase of the East Parking Facility will benefit the Project Area and assist in the elimination of blight in the Project Area in that the East Parking Facility will: (1) provide for public service infrastructure, specifically parking facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan; (3) promote the expansion of the Project Area's commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4) assist in the continued development of the Project Area surrounding the East Parking Facility as a tourist destination with shopping, entertaimnent and dining facilities and enhancement of the tourist industry as a major economic force within the Project Area; (5) upgrade the physical appearance of the Project Area; (6) encourage investment in the Project Area by the private sector; and (7) contribute to enhanced short term and long term employment opportunities in the Project Area, including, without limitation, the providing of jobs to the unemployed and underemployed workers. NOW, THEREFORE, in consideration of the promises and consideration set forth herein, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: ARTICLE 1. DEFINITIONS 1.1 Definitions. The following terms, as used in this Agreement, shall have the meanings given in this Section unless expressly provided to the contrary: 1.1.1 "2 Million Holdback" shall have the meaning ascribed to it in Section 4.2.3.1. 1.1.2 "4 Million Installment" shall have the meaning ascribed to it in Section 4.2.2. 2 LAI1731804.7 16:05 1.1.3 "2006 Indenture" means the Indenture of Trust, dated as of December 1,2006 between the Agency and the Trustee related to the "Redevelopment Agency of the City of Temecula, Temecula Redevelopment Project No.1, $18, I 05,000 2006 Tax Allocation Bonds, Series A, and $3,040,000 2006 Tax Allocation Bonds, Series B (Subordinate Lien)" as amended or supplemented pursuant to the terms thereof. 1.1.4 "Acquisition Agreement" means that certain acquisition and funding agreement or agreement of similar name and purpose to be entered into by the Agency and FC Temecula pursuant to which the Agency will acquire the East Parking Facility from FC Temecula. 1.1.5 "Agency" means the Redevelopment Agency of the City of Temecula, a public body, corporate and politic, exercising govemmental functions and powers, and organized and existing under the Redevelopment Law, with full power and authority to execute this Agreement. 1.1.6 "Agency Bonds" shall have the meaning ascribed to it in Section 4.2.1. 1.1.7 "Agreement" means this Owner Participation Agreement. 1.1.8 "City" means the City of Temecula, a municipal corporation, exercising govemmental functions and powers, and organized and existing under the laws of the State of Califomia. 1.1.9 "Certificate of Occupancy" shall have the meaning ascribed to it in Section 4.2.2. 1.1.10 "Completion Date" shall have the meaning ascribed to it in Section 2.2.1 hereof. 1.1.11 "Developers" shall mean FC Temecula and TTCA. 1.1.12 "East Parking Facility" means the public parking structure that will accommodate a minimum of 936 public parking spaces (including 75 parking spaces designated as the Park and Ride Spaces) and will be located on the East Parking Pad and that shall be constructed in accordance with this Agreement and the Plamling Commission Approval. 1.1.13 "East Parking Pad" means the land described on Exhibit A, attached to this Agreement and incorporated herein as though set forth in full and which currently serves as surface parking for the Promenade Mall and is intended to serve as the final site on which the East Parking Facility will be located. 1.1.14 "Equitable Remedies" shall have the meaning ascribed to it in Section 6.2.2. 1.1.15 "FC Temecula" shall mean F.C. Temecula, Inc., a Califomia corporation. 1.1.16 "First Release Date" shall have the meaning ascribed to it in Section 4.2.2. 1.1.17 "Ground Sublease" shall have the meaning ascribed to it in Section 2.1. 1.1.18 "Garage Addition" shall have the meaning ascribed to it in Section 3.1.3. LA\173 1 804.7 3 16:05 1.1.19 "Hazardous Materials" means any chemical, material or substance now or hereafter defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "extremely hazardous waste," "restricted hazardous waste," "toxic substances," "pollutant or contaminant," "imminently hazardous chemical substance or mixture," "hazardous air pollutant," "toxic pollutant," or words of similar import under any local, state or federal law or under the regulations adopted or publications promulgated pursuant thereto applicable to the East Parking Pad, including, without limitation: the Comprehensive Enviromnental Response, Compensation and Liability Act of 1980,42 U.S.C. S 9601, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, as alllended, 49 U.S.C. S 1801, et seq.; the Federal Water Pollution Control Act, as alllended, 33 U.S.C. S 1251, et seq.; and the Resource Conservation and Recovery Act of 1976, 42 U.S.C. S 6901, et seq. The term "Hazardous Materials" shall also include any of the following: any and all toxic or hazardous substances, materials or wastes listed in the United States Department of Transportation Table (49 CFR 172, I 0 1) or by the Enviromnental Protection Agency as hazardous substances (40 CFR Part 302) and in any and all alllendments thereto in effect as ofthe date ofthe close of any escrow; oil, petroleum, petroleum products (including, without limitation, crude oil or any fraction thereof), natural gas, natural gas liquids, liquefied natural gas or synthetic gas usable for fuel, not otherwise designated as a hazardous substance under CERCLA; any substance which is toxic, explosive, corrosive, reactive, flammable, infectious or radioactive (including any source, special nuclear or by-product material as defined at 42 U.S,c. S 2011, et seq.), carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any govemmental authority; asbestos in any form; urea formaldehyde foam insulation; transformers or other equipment which contain dielectric fluid containing levels of polychlorinated biphenyl's; radon gas; or any other chemical, material or substance (i) which poses a hazard to the East Parking Pad, to adjacent properties, or to persons on or about the East Parking Pad, (ii) which causes the East Parking Pad to be in violation of any of the aforementioned laws or regulations, or (iii) the presence of which on or in the East Parking Pad requires investigation, reporting or remediation under any such laws or regulations. 1.1.20 "Holdback" shall have the meaning ascribed to it in Section 4.2.3. 1.1.21 "Initial Installment" shall have the meaning ascribed to it in Section 4.2.2. 1.1.22 "Mall Expansion" shall mean the expansion of the Promenade Mall as described in the Planning Commission Approvals. 1.1.23 "Park and Ride Spaces" shall mean those seventy-five (75) spaces in the East Parking Facility designated for use by park and ride commuters. 1.1.24 "Parking Management Agreement" shall mean that Parking Management Agreement for Promenade Mall East Parking Facility approved and executed as of the date of this Agreement by and between TTCA and the Agency substantially in the form attached hereto as Exhibit D. 1.1.25 "Party" means any party to this Agreement. The "Parties" shall be all parties to this Agreement. 4 LA\l731804.7 16:05 1.1.26 "Planning Commission Approvals" means Application No. 06-0293 (Development Plan and Conditional Use Permit) approved by Resolution No. 07-10 of the Planning Commission of the City of Temecula on February 21, 2007. 1.1.27 "Project Area" means the project area described as Redevelopment Project Area No. 1988-1 adopted by the County of Riverside in 1988 by County Ordinance No. 658 and then adopted by the City in 1991 following incorporation by the adoption of Ordinance Nos. 91-14 and 91-15. 1.1.28 "Promenade Mall" means the regional mall commonly known as the Promenade in Temecula currently consisting of approximately 937,585 square feet of retail space prior to completion of the Mall Expansion. 1.1.29 "Purchase Price" shall have the meaning ascribed to it in Section 4.1. 1.1.30 "Redevelopment Law" means the Community Redevelopment Law of the State of Califomia, 933000 et seq. of the Health and Safety Code of the State ofCalifomia. 1.1.31 "Redevelopment Plan" means the Redevelopment Plan for Redevelopment Project Area No. 1988-1 adopted by the County of Riverside in 1988 by County Ordinance No. 658 and then adopted by the City in 1991 following incorporation by the adoption of Ordinance Nos. 91-14 and 91-15. This Agreement shall be subject to the provisions of the Redevelopment Plan, which are incorporated herein by this reference and made a part hereof as though fully set forth herein. 1.1.32 "Remaining Initial Installment" shall have the meaning ascribed to it in Section 4.2.2. 1.1.33 "Restrictive Covenant Period" has the meaning provided in Section 3.1. 1.1.34 "Ring Road Agreement" means that certain agreement in substantially the form attached hereto as Exhibit B and approved and executed by the City and TTCA as ofthe date of this Agreement. 1.1.35 "Supplement" shall have the meaning ascribed thereto in Section 4.2.1. 1.1.36 "Trustee" means U.S. Bank National Association, as trustee for "Redevelopment Agency of the City of Temecula, Temecula Redevelopment Project No. I, $18,105,0002006 Tax Allocation Bonds, Series A, and $3,040,000 2006 Tax Allocation Bonds, Series B (Subordinate Lien)" pursuant to the 2006 Indenture. 1.1.37 "TTCA" shall mean Temecula Towne Center Associates, L.P., a California limited partnership. 5 LA\1731804.7 16:05 ARTICLE 2. DEVELOPMENT OF THE EAST PARKING PAD 2.1 Sublease of East Parkin!! Pad. FC Temecula shall sublease the East Parking Pad to the Agency pursuant to that certain "Ground Sublease for Promenade Mall East Parking Facility" approved by FC Temecula and Agency on July 24, 2007, a substantially final form of which is attached hereto as Exhibit C (the "Ground Sublease"). The Ground Sublease shall become effective pursuant to the terms thereof upon satisfaction of certain conditions as set forth therein. Agency shall pay a total of thirty dollars ($30.00) in rental payments for lease of the East Parking Pad for the term of the Ground Sublease, as specified therein. 2.2 Scone ofDevelonment. 2.2.1 FC Temecula shall construct or cause to be constructed the East Parking Facility on the East Parking Pad in accordance with this Agreement, the Plamling Commission Approval, the Ground Sublease and the granting and building permits to be issued by the City for the East Parking Facility. Subject to force majeure as provided in Section 7.9 below, the East Parking Facility shall be completed, ready for occupancy, and open for business no later than the date that is twenty-four (24) months after the Effective Date (the "Completion Date"). 2.2.2 FC Temecula shall payor cause to be paid prevailing wages pursuant to Labor Code Sections 1720 et. seq. for the construction of the East Parking Facility. Pursuant to the provisions of Section 1773 of the Labor Code of the State, the City Council of the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to construct the East Parking Facility from the Director ofthe Department ofIndustrial Relations. These rates are on file with the City Clerk of the City. Copies may be obtained at cost at the office of the City Clerk of the City. FC Temecula shall post or cause to be posted a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. FC Temecula shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 ofthe Labor Code. Pursuant to the provisions of 1775 ofthe Labor Code, FC Temecula shall forfeit to the Agency, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, which FC Temecula or any contractor or subcontractor engaged by FC Temecula pays less than the stipulated prevailing rates for any work done under the final construction contracts related to the construction of the East Parking Facility. The construction of the East Parking Facility is considered a public work of improvement as defined in California Labor Code Section 1720 and is a condition of regulatory approval to the Mall Expansion. It is intended that only the work with regard to the construction ofthe East Parking Facility shall become subject to the requirements of Chapter 1 of Part 7 of Division 2 of the California Labor Code and that no other work performed regarding the Mall Expansion shall be subject thereto. Notwithstanding the foregoing, FC Temecula and TTCA shall be responsible for determining whether prevailing wages pursuant Section 1773 of the Labor Code will also be applicable to the Mall Expansion and, if applicable, shall pay such prevailing wages pursuant to Section 1773 and other applicable law. LAIl 731 804.7 6 16:05 2.3 Cost of Construction. The cost of constructing the East Parking Facility shall be bome solely by FC Temecula. 2.4 LocaL State and Federal Laws. FC Temecula shall carry out the construction of the East Parking Facility in conformity with all applicable laws, including all applicable federal, state and local occupation, employment, prevailing wage, safety and health laws, rules, regulations and standards. FC Temecula agrees to indemnify, defend and hold Agency harmless from and against any cost, expense, claim, charge or liability relating to or arising directly or indirectly from any breach by or failure ofFC Temecula or its contractor(s) or agents to comply with such laws, rules or regulations. FC Temecula's indemnity obligations set forth in this Section shall survive the termination or expiration of this Agreement. 2.5 Nondiscrimination During Construction. FC Temecula, for itself and its successors and assigns, agrees that it shall not discriminate against any employee or applicant for employment because of age, sex, marital status, race, handicap, color, religion, creed, ancestry, or national origin in the construction of the East Parking Facility. ARTICLE 3. USE OF THE EAST PARKING PAD 3.1 Use. 3.1.1 FC Temecula and Agency hereby each covenants and agrees for itself, and its respective successors and assigns, that the East Parking Pad and every part thereof shall be used during construction of the East Parking Facility and throughout the term of the Ground Sublease (the "Restrictive Covenant Period") only for the construction, maintenance and operation of the East Parking Facility thereon. 3.1.2 So long as the Ground Sublease is in effect, the Agency hereby covenants and agrees for itself, and its successors and assigns, that, from and after its purchase of the East Parking Facility pursuant to the terms set forth in Article 4 hereof, (i) the East Parking Facility will at all times continue to be used and remain available for public use as a public parking facility open to the general public, including but not limited to the tenants, visitors, vendors, invitees and employees ofthe stores and other businesses and facilities located at the Promenade Mall, free of charge at the times and upon the conditions set forth in the Parking Management Agreement; and (ii) all parking spaces (other than those Park and Ride Spaces) shall remain available to the public on a nonexclusive, non-reserved basis. Solely during the period of time from completion of the East Parking Facility until transfer of the East Parking Facility to Agency pursuant to the terms of the Acquisition Agreement and Article 4 hereof, the covenants set forth in this section 3.1.2 shall be binding FC Temecula and its successors and assigns. Use of the East Parking Facility shall be at all times subject to the provisions of the CC&R's (as defined in LA\l731804.7 7 16:05 the Ground Sublease), the COREA (as defined in the Ground Sublease) and any amendments thereto, any reasonable rules and regulations promulgated by the City and the Agency from time to time, and the Rules and Regulations set forth on Exhibit D to the Ground Sublease as such Rules and Regulations may be reasonably amended from time to time pursuant to the terms of the Ground Sublease. 3.1.3 Notwithstanding Section 3.1.2, the Agency and FC Temecula hereby agree and acknowledge that FC Temecula may elect to construct, at its sole cost and expense, additional improvements adjacent or attached to the East Parking Facility from time to time during the term of the Ground Sublease ("Garage Addition"). FC Temecula may request the Agency to enter into a reciprocal easement agreement and/or any other documents addressing any changes in ownership or other rights to or location ofthe East Parking Facility or East Parking Pad, as applicable, or any part thereof or so as to provide for ingress and egress and utility installation and access between the East Parking Facility and the Garage Addition. Agency shall not unreasonably withhold approval of any such agreement or agreements provided the uses ofthe East Parking Facility pursuant to this Agreement and the Ground Sublease are not adversely affected. 3.2 Tenant Relocation. Developers warrant and represent to the Agency that there are no tenants, as this term is used in the Califomia Relocation Assistance and Real Property Acquisition Law (Government Code Section 7260 et seq.), on the East Parking Pad and that TTCA is currently using the East Parking Pad for surface parking. If any such tenants are on the East Parking Pad, Developers covenant and agree, each for itself, and its successors and its assigns, that the Developers, such successors, and such assigus, shall take full responsibility for the relocation, if any, of tenants located within the East Parking Pad, and shall pay all costs and expenses associated with such relocation as may arise from applicable federal and state laws and regulations, including, without limitation, the Califomia Relocation Assistance and Real Property Acquisition statutes and guidelines as amended. 3.3 Obli2:ation to Refrain from Discrimination. 3.3.1 Developers covenant, each for itself and its successors and assigns, and all persons claiming under or through each of them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Califomia Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (I) of subdivision (P) of Section 12955, and Section 12955.2 ofthe California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment ofthe East Parking Pad and the East Parking Facility, nor shall any grantee himself or herself, or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the East Parking Pad and the East Parking Facility. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (0) and (p) of Section 12955 of the Califomia Government Code shall apply to said paragraph. The foregoing covenants shall run with the land during the Restrictive Covenant Period, 8 LAI1731804.7 16:05 3.3.2 Each of the Developers covenants that during the Restrictive Covenant Period, all deeds, leases or contracts entered into with respect to the East Parking Pad shall contain or be subject to substantially the following nondiscriminationlnonsegregation clauses: 3.3.2.1 In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Califomia Govermnent Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (P) of Section 12955, and Section 12955.2 of the Califomia Govermnent Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises herein conveyed, nor shall the grantee himself or herself, or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the premises herein conveyed. Subdivision (d) of Section 51 and Section 1360 of the Califomia Civil Code and subdivisions (n), (0) and (P) of Section 12955 of the California Govermnent Code shall apply to said paragraph." 3.3.2.2 In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Govermnent Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (P) of Section 12955, and Section 12955.2 ofthe California Govermnent Code, in the leasing, subleasing, transferring, use or occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy oftenants, lessees, sublessees, subtenants or vendees in the premises herein leased. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (0) and (P) of Section 12955 of the California Govermnent Code shall apply to said paragraph." 3.3.2.3 In contracts: 'The contracting party or parties hereby covenant by and for himself or herself and their respective successors and assigns, that there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Govermnent Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (I) of subdivision (P) of Section 12955, and Section 12955.2 ofthe Califomia Govermnent Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the contracting party or parties, any subcontracting party or parties, or their respective assigns or transferees, establish or permit any such practice or practices of discrimination or segregation. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (0) and (p) of Section 12955 of the California Govermnent Code shall apply to said paragraph." LAIl 73 1 804.7 9 16:05 ARTICLE 4. AGENCY PURCHASE AND TRANSFER OF THE EAST PARKING FACILITY 4.1 General Simultaneously with the approval and Effective Date of this Agreement, FC Temecula and Agency have approved and executed the Ground Sublease, Upon the terms and conditions described therein, the Agency shall lease the East Parking Pad for the term of the Ground Sublease. Upon the commencement of the term of the Ground Sublease and simultaneously therewith, Agency hereby agrees to acquire the East Parking Facility from FC Temecula pursuant to the terms of Section 4.2 below and the Acquisition Agreement, for a total purchase price of Eleven Million Dollars ($11,000,000) (the "Purchase Price"), which Purchase Price shall be paid in two or more installments as described in Section 4.2 below and in further detail in the Acquisition Agreement. 4.2 Purchase Price 4.2.1 It is anticipated and the Agency hereby covenants and agrees to use best efforts to finance the Purchase Price through the issuance oftax allocation bonds by the Agency (the "Agency Bonds"), eleven million dollars of the proceeds of which shall be used by the Agency to fund the Purchase Price pursuant to the terms of this Section 4.2 and the Acquisition Agreement. Within seventy five (75) days of the Effective Date, the Agency hereby agrees to use best efforts to adopt a resolution approving the issuance of the Agency Bonds and all of the primary legal documents related thereto, including but not limited to, the Acquisition Agreement, a supplement to the 2006 Indenture which addresses issuance of the Agency Bonds and is by and between the Agency and the Trustee (the "Supplement"), a continuing disclosure certificate, a preliminary official statement, and any other primary legal documents required to be approved by the Agency prior to the issuance of the Agency Bonds. Notwithstanding anything in this Section to the contrary, (a) nothing herein shall be construed as a limitation or restriction on the Agency's legislative discretion to approve and issue the Agency Bonds; and (b) the Purchase Price shall be payable solely from the proceeds ofthe Agency Bonds consistent with the provisions of Section 4.2.2 of this Agreement. 4.2.2 Upon issuance ofthe Agency Bonds, the Purchase Price shall be deposited in one or more accounts (whether an escrow account or improvement or acquisition account or otherwise) established and maintained by the Trustee pursuant to the 2006 Indenture, as supplemented by the Supplement. The Agency hereby agrees to pay the Purchase Price for the East Parking Facility in two (2) or more installments as follows: (i) subject to the provisions of Section 4.2.3 below and the provisions of the Ring Road Agreement, the first installment ofthe Purchase Price shall be the lesser of (a) seven million dollars ($7,000,000) or (b) the amount of Agency Bond proceeds that has been or can be deposited into any improvement or acquisition fund or account under the Supplement pursuant to the escrow release provisions described in the Supplement which shall be substantially identical to the conditions for the issuance of Parity Bonds (as such term is defined in the 2006 Indenture) pursuant to Section 3.05 of the 2006 Indenture (such amount, the "Initial Installment"), and shall be payable to FC Temecula or its designee in full or in part on the date on which all ofthe following have occurred (such date, the "First Release Date") (a) the date a certificate of occupancy for the East Parking Facility is LAI1731804.7 10 16:05 issued by the City that permits public use of the East Parking Facility and FC Temecula provides evidence that it has expended at least eleven million dollars ($11,000,000) toward construction of the East Parking Facility, and (b) the date the permanent certificate of occupancy for the Mall Expansion is issued by the City authorizing the Mall Expansion to be open for customers, even if certain tenant improvements for some stores have not been completed (the "Certificate of Occupancy"); (ii) should the First Release Date occur and the Initial Installment is less than Seven Million Dollars ($7,000,000), the remainder thereof (the "Remaining Initial Installment") along with the remaining four million dollars of the Purchase Price ($4,000,000) (the "4 Million Installment") shall be released and paid to FC Temecula or its designee in full or in part in one or more releases upon such date or dates on which the conditions for release of additional Agency Bond proceeds from escrow (such conditions being substantially identical to the conditions for the issuance of Parity Bonds) have been satisfied, until all of the Purchase Price has been released to FC Temecula or its designee. In conjunction with each release of all or any portion of the Purchase Price in accordance with this Section, the Agency shall deliver one or more certificates to the Trustee which states that the conditions set forth in the 2006 Indenture, as supplemented by the Supplement, for release of bond proceeds to FC Temecula or its designee have been satisfied. The Agency shall, at least ammally following the date on which the Riverside County Assessor releases property tax valuation information for property in the Project Area, determine whether or not any of the Purchase Price which has yet to be released pursuant to the terms hereof and the 2006 Indenture, as supplemented by the Supplement, may be released and paid to FC Temecula or its designee. No interest shall accrue on any portion of the Purchase Price pending payment to FC Temecula in accordance with this Agreement. Notwithstanding the foregoing or any other provision of this Agreement, the Agency shall not be in default under this Agreement if for reasons beyond its control it is unable to issue the Agency Bonds, or is unable to satisfy the conditions for release of any part of the Purchase Price as described herein. 4.2.3 Notwithstanding the provisions of Section 4.2.2 above, FC Temecula hereby agrees that a portion of the Initial Installment in an amount equal to four million dollars ($4,000,000) (the "Holdback") shall be held by the Trustee under the 2006 Indenture, as supplemented by the Supplement, and will be released to FC Temecula as follows pursuant to the Ring Road Agreement: 4.2.3.1 Upon the approval of the Ring Road Enhancement Plan by the Ring Road Parties and the City Council, the Holdback shall be reduced to the sum of Two Million Dollars ($2,000,000) (the "2 Million Holdback") and the amount of Two Million Dollars ($2,000,000) shall be available for release and payment to FC Temecula in accordance with Section 4.2.2 above. 4.2.3.2 The 2 Million Holdback shall be released upon: (1) delivery of a certificate of completion from TTCA and its engineer or contractor to the Director of Public Works stating that the Ring Road Improvements have been completed in accordance with the Ring Road Enhancement Plan as approved by the City and the Ring Road Parties and all applicable laws; and (2) the Director of Public Work's written certification that the Ring Road Improvements have been completed in accordance with the Ring Road Enhancement Plan as approved by the City and the Ring Road Parties and all applicable laws. The Ring Road Improvements shall be considered completed ("Completed") ifthe work is sufficiently complete in accordance with the plans for such Ring Road Improvements so that they may be utilized for LAI1731804.7 11 16:05 their intended use and may be subject to outstanding nomnaterial punch list items. The Director of Public Works shall issue his decision within ten (10) business days of receipt ofTTCA's certificate of completion for the Ring Road Improvements and shall cause a written certificate to be provided to the Agency and/or the Trustee for the Agency Bonds, as required by the 2006 Indenture, as supplemented by the Supplement, which indicates that the 2 Million Holdback may be released to FC Temecula in accordance with Section 4.2.2 above. 4.2.3.3 In accordance with the Ring Road Agreement and subject to the restrictions contained therein, if the Ring Road Improvements are not Completed on or before April 15, 2011, any amount of the Holdback not previously released and available to FC Temecula shall be released to the Agency to use for any lawful purposes and FC Temecula shall have no further rights thereto. 4.3 Convevance of East Parking: Facilitv 4.3.1 Conveyance of the East Parking Facility shall occur through FC Temecula's execution and delivery of a grant deed or other similar instrument acceptable to the Agency, as agreed upon and further described in the Acquisition Agreement. Pursuant to the terms of the Acquisition Agreement, FC Temecula shall deliver the East Parking Facility free and clear and not subject to any liens, encumbrances or other exceptions to title, except those are acceptable to the Agency and which will not interfere with the Agency's possession and use ofthe East Parking Facility pursuant to the terms ofthis Agreement, the Ground Sublease and the Parking Management Agreement, including but not limited to the following: (i) the Redevelopment Plan; (ii) this Agreement and any agreement recorded or otherwise approved by the Agency pursuant hereto; (iii) the lien of any non-delinquent property taxes and/or assessments. Liens, encumbrances and other security interests granted to any lender pursuant to Article 5 below shall not be a permitted exception to title and must be removed or released prior to transfer oftitle to the Agency pursuant to the terms of the Acquisition Agreement, unless otherwise agreed to by the Agency in its sole and absolute discretion. ARTICLE 5. LIMITATIONS ON TRANSFERS AND SECURITY INTERESTS 5.1 Limitation As To Transfer of the East Parking Pad. Encumbrances. Assi<mment of - - Agreement. Prior to the commencement of the term of the Ground Sublease, the Developers shall not (i) transfer either of their rights and obligations under this Agreement or (ii) sell, assign, transfer, encumber, pledge or lease the East Parking Pad without the Agency's prior written consent, which consent may be granted or withheld at the sole and absolute discretion of the Agency. The Developers acknowledge that the identity of the Developers is of particular concem to the Agency, and it is because of the Developers' identity that the Agency has entered into this Agreement with the Developers. No voluntary or involuntary successor in interest of the Developers shall acquire any rights or powers under this Agreement in violation ofthe terms hereof. The prohibitions in this Section shall not be deemed to prevent the (i) granting of easements or licenses to facilitate the construction of the East Parking Facility or any Garage LAI1731804.7 12 16:05 Addition; (ii) granting or assignment of rights or granting of any encumbrance, lien, mortgage or similar right or security interest in the East Parking Pad or East Parking Facility or any Garage Addition to any lender loaning money to either or both of the Developers for purposes of financing costs related to the acquisition, construction, maintenance or other operations related to the East Parking Pad, the East Parking Facility, or the Mall Expansion; or (iii) assignment by either of the Developers of its respective rights and obligations under this Agreement to an affiliate of Developers which is owned and controlled by either of the Developers or any oftheir affiliates (as shown by evidence delivered and acceptable to Agency). Agency hereby agrees that during the term of the Ground Sublease, it will not transfer, assign or otherwise convey any rights, interests or obligations hereunder or in the East Parking Facility or East Parking Pad without the prior written consent of the Developers, which consent may be granted or withheld at the sole and absolute discretion of the Developers, provided that the Agency may transfer, assign or convey said rights, interests or obligations to City without such consent so long as the City agrees to be bound by all terms hereof and of the Ground Sublease, Parking Management Agreement, and any other agreement entered into in conjunction therewith. ARTICLE 6. EVENTS OF DEFAULT. REMEDIES AND TERMINATION 6.1 Defaults. Subject to the extensions oftime set forth in Section 7.9 hereof, the following shall constitute a "Default" under this Agreement by the defaulting Party; (a) a failure to pay any sum due within ten (10) business days after written demand by the non-defaulting Party; (b) failure or delay by such Party to perform any term or provision of this Agreement and the failure to cure such Default within thirty (30) days after notice is given by non-defaulting Party to the defaulting Party, unless such breach or Default cannot reasonably be remedied in such thirty (30) day period, in which event such Party shall not be in default if it commences to cure such breach or Default within such thirty (30) day period and diligently pursues such curing to completion, or (c) filing of a petition under the Bankruptcy Code by or against FC Temecula, or appointment of a receiver or trustee of any property of FC Temecula, or an assignment by FC Temecula for the benefit of creditors, or adjudication by a court, that FC Temecula is insolvent, and the failure of FC Temecula to cause such petition, appointment, or assignment to be removed or discharged within ninety (90) days. The Party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay, and shall complete such cure, correction or remedy with reasonable diligence and during any period of curing shall not be in default. If either of the Developers shall be in default, the obligation of Agency to make or authorize payments otherwise provided for herein may be suspended during the period of such Default in the sole discretion ofthe Agency. Except as otherwise expressly provided in this Agreement, any failure or delay by a Party in asserting any of its rights or remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies or deprive such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 13 LA\I731804.7 16:05 6.2 Lei:!al Actions. 6.2.1 Institution of Lei:!al Actions. Unless otherwise specifically provided in this Agreement, in addition to any other rights or remedies, any Party may institute legal action to cure, correct, or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the provisions of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, State of California or, if Federal jurisdiction exists, in the Federal District Court in the Central District of California. 6.2.2 Develoners' Remedies Developers' sole remedy in the event of a Default by Agency shall be specific performance, declaratory relief, writ of mandate, or similar remedies (the "Equitable Remedies") to compel Agency's compliance with the terms of this Agreement, including, without limitation, compelling the payment of monies due under this Agreement. Agency acknowledges that Developers have already invested significant time and resources and performed extensive planning and processing of the Mall Expansion and East Parking Facility and in negotiating the terms ofthis Agreement and will be investing even more significant time and resources in implementing the Mall Expansion and East Parking Facility in reliance upon the terms of this Agreement, and it may not be possible to determine the sum of money which would adequately compensate Developers for such efforts. For the above reasons, the Agency and Developers agree that damages may not be an adequate remedy in the event of a Default by Agency under this Agreement and that Developers' sole legal or equitable remedy shall be the right to seek and obtain the Equitable Remedies to compel Agency's compliance with the terms of this Agreement as a remedy for any breach of or Default under this Agreement and that the Equitable Remedies used to compel Agency's compliance with the terms of this Agreement, including, without limitation, compelling the payment of monies due under this Agreement, are available remedies in the event Developers establish Agency's Default. Developers shall not retain the right to seek, . and hereby expressly waive, the right to seek damages against Agency, its elected and appointed officials, agents, contractors and attorneys for any action or failure to act under this Agreement. 6.2.3 Ai:!encv Remedies. Agency's sole remedy upon Developers' Default hereunder shall be to exercise the Equitable Remedies. 6.2.4 Rii:!hts and Remedies Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by any Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by any other Party. LA\! 731804.7 14 16:05 6.2.5 No Personal Liabilitv. Except as specifically provided herein to the contrary, no representative, employee, attorney, agent or consultant of the Agency shall personally be liable to the Developers, or any successor in interest of the Developers, in the event of any Default or breach by the Agency, or for any amount which may become due to the Developers, or any successor in interest, on any obligation under the terms of this Agreement. Nor shall any representative, employee, attorney, agent or consultant of the Developers be personally liable to the Agency or any successor in interest of the Agency in the event of any Default or breach by the Developers, or for any amount which may become due to the Agency, or any successor in interest on any obligation under the terms of this Agreement. 6.2.6 Inaction Not a Waiver of Default. Except as expressly provided in this Agreement to the contrary, any failure or delay by either Party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default orof any such rights or remedies, or deprive either such Party of its rights to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. ARTICLE 7. GENERAL 7.1 Indemnitv. The Developers shall indemnifY, defend, protect, and hold harmless the Agency and any and all agents, employees, attorneys and representatives of the Agency ("Indenmified Parties"), from and against all losses, liabilities, claims, damages (including consequential damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out-of-pocket litigation costs and reasonable attorney's fees) and demands of any nature whatsoever, related directly or indirectly to, or arising out of or in connection with; 7.1.1 the use, ownership, management, occupancy, or possession of the East Parking Pad prior to commencement of the term of the Ground Sublease, 7.1.2 any breach or Default of the Developers hereunder, 7.1.3 any of the Developers' activities on the East Parking Pad (or the activities of the Developers' agents, employees, lessees, representatives, licensees, guests, invitees, contractors, subcontractors, or independent contractors on the East Parking Pad), including without limitation the construction of any East Parking Facility, 7.1.4 the presence or clean-up of Hazardous Materials on, in or under the East Parking Pad to the extent same was on the East Parking Pad or the same was caused by Developers or Developers' affiliates on the East Parking Pad prior to the Commencement Date under the Ground Sublease, or, LA11731804.7 15 16:05 7.1.5 arising from the Developers' ownership, use, possession, improvement, operation, leasing, other than to the Agency pursuant to the Ground Sublease, (including tenant relocation) or disposition of the East Parking Pad (other than to the Agency pursuant to the terms hereof or the Acquisition Agreement), regardless of whether such damages, losses and liabilities shall accrue or are discovered before or after termination or expiration ofthis Agreement. The Developers' indemnity obligations set forth in this Article shall not extend to any damages, losses, or liabilities incurred by the Indemnified Parties to the extent such losses or liabilities are caused by or contributed to by the negligent or intentionally wrongful act of the Indemnified Parties, as fmally determined by a court of competent jurisdiction. The Developers' indemnity obligations set forth in this Article shall survive the termination or expiration of this Agreement and shall be in addition to (not in lieu of) any other indemnity obligations ofFC Temecula in the Ground Sublease. 7.2 Notices. Any notices which either party may desire to give to the other Party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as, but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the Party as set forth below or at any other address as that Party may later designate by a written notice delivered pursuant to the terms of this Section. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To Agency; Redevelopment Agency of the City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager 16 LA1I731804.7 16:05 To; Developers: Towne Center Associates, LP/FC Temecula Inc. C/O Forest City Development 949 South Hope Street #200 Los Angeles, CA 90015 Attention: Brian Jones With a copy to: Forest City Enterprises, Inc. 50 Public Square, Ste 1360 Cleveland, OH 44113-2204 Attention: General Counsel 7.3 Construction. The Parties agree that each Party and its counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. 7.4 Develoner Warranties. Each of the Developers warrant and represent to the Agency that it has the requisite power and authority to execute and enter into this Agreement and to consummate the transactions contemplated hereunder. This Agreement constitutes the valid and binding agreement of each of the Developers, enforceable in accordance with its terms. Neither the execution nor delivery of this Agreement nor the consummation of the transactions covered hereby, nor compliance with the terms and provisions hereof, shall conflict with, or result in a breach of, the terms, conditions or provisions of, or constitute a default under, any agreement or instrument to which either of the Developers is a party. 7.5 A<>:encv Warrantie~. The Agency warrants and represents to Developers that the Agency has the requisite power and authority to execute and enter into this Agreement and to consummate the transactions contemplated hereunder. This Agreement constitutes the valid and binding agreement ofthe Agency, enforceable in accordance with its terms. Neither the execution nor delivery of this Agreement nor the consummation of the transactions covered hereby, nor compliance with the terms and provisions hereof, shall conflict with, or result in a breach of, the terms, conditions or provisions of, or constitute a default under, any agreement or instrument to which the Agency is a party or any law to which the Agency is subject. 7.6 Interoretation. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association where ever the context so requires. 17 LAI1731804.7 16:05 7.7 Time of the Essence. Time is of the essence of this Agreement. 7.8 Attornevs' Fees. If any Party brings an action to enforce the terms hereof or declare its rights hereunder, the prevailing Party in any such action shall be entitled to its reasonable attorneys' fees to be paid by the losing Party as fixed by the court. 7.9 Force Maieure: Extension of Times of Performance. Except as provided in the Ring Road Agreement with respect to the obligations therein relating to completion of the Ring Road Improvements which shall be subject to Section 5(1) thereof, nonperformance of any of the conditions or covenants herein by any Party shall be excused when performance is prevented or delayed by reason of any of the following forces reasonably beyond the control of such Party: acts of God, strike, war, lockout, labor trouble, reasonable inability to secure materials or labor, unreasonable delay by a governmental entity in the issuance of any required governmental permit, license or approval, act of nature (including but not limited to hurricane, earthquake, windstorm, flood, wildfire, or other severe weather or environmental condition) insurrection, riot, casualty, acts of public enemy, governmental restrictions, litigation initiated by a party other than Agency or Developers or Developers' affiliate, unreasonable acts or failures to act of any governmental agency or entity, including the Agency and the City, or unreasonable delays of any contractor, subcontractor or supplier. In such event, nonperformance shall be excused and the time of performance shall be extended by the number of days the performance is delayed or prevented. Notwithstanding anything herein to the contrary, Developers' financial inability to complete their obligations hereunder shall not constitute force majeure. 7.10 Annrovals hv Agencv and the Develooers. Unless otherwise specifically provided herein, wherever this Agreement requires the Agency or the Developers to approve any contract, document, plan, proposal, specification, drawing or other matter, such approval shall not unreasonably be withheld or delayed. 7.11 Insnection of Books and Records. Upon reasonable notice, the Agency shall have the right at all reasonable times to inspect the books and records of the Developers pertaining to the East Parking Pad as pertinent to the purposes of this Agreement; provided, however, that Agency hereby agrees that any such review shall take place at the offices of the Developers in Los Angeles, California, (or another location designated by Developers in Los Angeles or Riverside County California) and Agency shall not disclose nor make any copies of and shall keep confidential any such information provided pursuant to this Section except as provided by law. LAI1731804.7 18 16:05 7.12 Annlicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 7.13 Accentance of Service of Process. In the event that any legal action is commenced by any Party against any other Party, service of process on such Party shall be made by personal service upon any agent of such Party (authorized to accept service on such Party's behalf) or in such other manner as may be provided by law and shall be valid if made in accordance with applicable laws whether made within or without the State of California. 7.14 Entire Ai:!reement. Waivers and Amendments. The Agreement may be executed in duplicate originals, each of which is deemed to be an original. This Agreement, together with all attachments and exhibits hereto and agreements referenced herein, constitutes the entire understanding and agreement of the Parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the Parties with respect to the subject matter hereof. No other subsequent agreement, representation or promise made by either Party hereto, or by or to any employee, officer, agent or representative of either Party, shall be of any effect unless it is in writing and executed by the Party to be bound thereby. No person is authorized to make, and by execution hereofthe Developers and the Agency acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth or otherwise referred to herein; and no agreement, statement, representation or promise made by any such person which is not contained herein or in any of the attachments and exhibits hereto or agreements referenced herein shall be valid or binding on the Developers or the Agency. 7.15 Ai:!reement Binding on Successors; Recordation The covenants which have been established pursuant to this Agreement shall be deemed to be covenants running with the land located in the East Parking Pad for the benefit ofthe Project Area and Agency in carrying out its statutory responsibilities under the Redevelopment Law and to implement the Redevelopment Plan. The covenants hereof shall be binding upon the Developers' East Parking Pad and run for the benefit of the Project Area and Agency and its successors and assigns, and such covenants shall run in favor of Agency for the entire period during which such covenants shall be in force and effect, without regard to whether Agency is or remains an owner of any land or interest therein to which such covenants relate; provided, however that this Agreement and the covenants contained herein shall automatically terminate as of the date of the termination of the Ground Sublease, except as otherwise specifically set forth herein. Agency is deemed the beneficiary ofthe terms and provisions of this Agreement and of the covenants running with the land in the East Parking Pad, for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land in the East Parking Pad have been provided. Only Agency and Developers and their respective successors in interest may enforce this Agreement; except as specifically provided herein in 19 LA11731804.7 16:05 Article 5 hereof with respect to various encumbrances permitted hereunder or pursuant to the Ground Sublease, nothing herein is intended to create any third party beneficiaries to this Agreement, and except as provided in Article 5 hereof, no person or entity other than Agency or Developers, and the permitted successors and assigns of either of them, shall be authorized to enforce the provisions of this Agreement. Not by way oflimitation of the foregoing, the tenants of the Promenade Mall are not intended to be third party beneficiaries hereunder. This Agreement and the covenants reservations, restrictions and agreements contained herein shall be a burden upon the East Parking Pad and shall bind Developers, their successors and assigns with respect to the East Parking Pad. This shall be recorded in order to ensure that subsequent owners of the East Parking Pad are bound hereby. The Parties agree that recordation is proper under Government Code ~27281.5. Upon the termination of this Agreement, proper note will be made and recorded in the appropriate County of Riverside records. 7.16 Severabilitv. Each and every provision of this Agreement is, and shall be construed to be, a separate and independent covenant and agreement. If any term or provision of this Agreement or the application thereof shall to any extent be held to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is invalid or unenforceable, shall not be affected hereby, and each term and provision of this Agreement shall be valid and shall be enforced to the extent permitted by law. 7.17 Survival. Except as provided herein and specifically in Section 7.15, the provisions hereof shall not terminate but rather shall survive any conveyance hereunder and the delivery of all consideration. IN WITNESS WHEREOF, the parties hereto have entered into this agreement as of the day and year first above written. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Maryann Edwards Chair ATTEST: Susan W. Jones, CMC City Clerk! Agency Secretary 20 LAII731804.7 16:05 APPROVED AS TO FORM: Peter M. Thorson Agency General Counsel 21 LA\! 731804.7 16:05 TEMECULA TOWNE CENTER ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP By F. C. Temecula, Inc., a California corporation, its General partner By: Name: Title: F.e. TEMECULA, INC., A CALIFORNIA CORPORATION By: Name: Title: 22 LA 11731804.7 16:05 EXHIBIT "A" DESCRIPTION OF THE EAST PARKING PAD See Attached 23 LA11731804.7 16:05 ,. . GROUND SUBLEASE EXHIBIT B - DEPICTION OF EAST PARKING PAD EAST PARKING ,J ........ EXHIBIT "B" RING ROAD AGREEMENT See Attached 1 LA1I731804.7 16:05 EXHIBIT "C" GROUND LEASE See Attached 1 LA\!731804.7 16:05 EXHIBIT "D" PARKING MANAGEMENT AGREEMENT See Attached RWG 959416.5 July 16,2007 LA11731804.7 1 16:05 i' , J. GROUND SUBLEASE FOR PROMENADE MALL EAST PARKING FACILITY THIS GROUND SUBLEASE (the "Lease") is dated for reference purposes and entered into as of July 24,2007, by and between F. C. TEMECULA, INC., a California corporation ("Laudlord"), and the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Tenant"). In consideration of the mutual promises contained herein, Landlord and Tenant agree as follows: 1. Recitals The parties agree that this Lease is made with respect to the following facts and for the following purposes which each agree are true and correct: 1.1 Tenant is a public body, corporate and politic, exercising governmental functions and powers, and organized and existing under the Community Redevelopment Law of the State of California (being ~ 33000 et. seq. ofthe Health and Safety Code ofthe State of California). 1.2 The purpose of this Lease is to assist in effectuating the Redevelopment Plan for Redevelopment Project Area No. 1988-1 (the "Project Area"), in the City of Temecula ("Citv"), California, by facilitating construction of a parking facility known as the East Parking Facility on land within the Project Area, as more particularly described below. "Project Area" means the project area described in Redevelopment Project Area No. 1988-1 adopted by the County of Riverside in 1988 by County Ordinance No. 658 and then adopted by the City in 1991 following incorporation by the adoption of Ordinance Nos. 91-14 and 91-15. 1.3 Temecula Towne Center Associates, L.P., a California limited partnership ("Master Landlord") is the owner of certain land in the Project Area located in the City, County of Riverside, State of California. The property owned by Master Landlord is described and depicted on .Exhibit A (the "Site"). A portion of the Site referred to as the East Parking Pad, defined under Section 1.7 below, shall be leased by Master Landlord to Landlord effective on or before the Commencement Date, as defined in Section 3.1 below, such lease being referred to herein as the "Master Lease." The East Parking Pad leased by Landlord under the Master Lease is being subleased to Tenant under this Lease. 1.4 The Tenant, Master Landlord and Landlord have entered into that certain "Owner Participation Agreement" dated as of July 24, 2007 which among other things provides for this Lease and the purchase ofthe East Parking Facility, defined below, which will be located on the East Parking Pad, on the terms and conditions set forth herein and therein ("Owner Particioation Ai:!reement"). 1.5 The Tenant, and Landlord shall enter into an Acquisition Agreement (the "Acouisition Al!reement") consistent with the Owner Participation Agreement and this Lease which further describes the sale of the East Parking Facility to Tenant. -1- 419586.2 001137.0001 1.6 As used herein, the term "East Parkin!! Facility" shall mean a public parking structure that will accommodate a minimum of936 public parking spaces (including 75 park and ride spaces ("Commuter So aces")) which facility will be located on the "East Parkin!! Pad" as shown on Exhibit B attached hereto. The East Parking Facility shall be constructed in accordance with this Lease and Planning Application No. 06-0293 (Development Plan and Conditional Use Permit) approved by Resolution No. 07- 10 of the Planning Commission of the City on February 21,2007, as it may be amended or modified with the approval of the City (the "Citv Aooroval"). The East Parking Facility and the East Parking Pad, are sometimes collectively referred to as the "Demised Premises". 1.7 The development of the East Parking Facility is in the best and vital interests of Tenant and the City, and the health, safety and welfare of the residents and taxpayers in the City, and is in accord with the public purposes and provisions of applicable state and local laws. 1.8 Development of the East Parking Facility is in the best and vital interests of Ten ant and the City, and the health, safety and welfare ofthe residents and taxpayers in the City, and is in accord with the public purposes and provisions of applicable state and local laws. Construction and purchase of the East Parking Facility will benefit the Project Area and assist in the elimination of blight in the Project Area in that the East Parking Facility will: (1) provide for public service infrastructure, specifically parking facilities, as identified in the proceedings and the Redevelopment Plan; (2) promote the preservation and enhancement of the commercial areas within the Project Area in accordance with the goals and objectives of the Redevelopment Plan; (3) promote the expansion of the Project Area's commercial base and local employment opportunities in accordance with the goals and objectives of the Redevelopment Plan; (4) assist in the continued development of the Project Area surrounding the East Parking Facility as a tourist destination with shopping, entertainment and dining facilities and enhancement of the tourist industry as a major economic force within the Community and the Project Area; (5) upgrades the physical appearance ofthe Project Area; (6) encourages investment in the Project Area by the private sector; and (7) contribute to enhanced short term and long term employment opportunities in the Project Area, including, without limitation, the providing of jobs to the unemployed and underemployed workers. 1.9 The construction of the East Parking Facility is considered a public work of improvement as defined in California Labor Code Section 1720 and is a condition of regulatory approval to the Mall Expansion ("Mall Exoansion") as described in the Owner Participation Agreement. Tenant has agreed to pay Landlord, Eleven Million Dollars ($11,000,000) (the "Purchase Price") after the East Parking Facility has been constructed, in 2 or more instalhnents, to purchase the East Parking Facility, which total sum is expected to be less than the cost of constructing the East Parking Facility. It is intended that only the work with regard to the construction of the East Parking Facility shall become subject to the requirements of Chapter 1 of Part 7 of Division 2 of the California Labor Code as described in the City Approval, and the Mall Expansion work shall not be subject to said Division. The requirements of such Chapter include among others, that prevailing wages be paid by contractors and subcontractors, that prevailing wage schedules be posted at the jobsite and that detailed wage records be maintained. -2- 419586.2 001137.0001 1.10 On the terms and conditions set forth in this Lease, Tenant desires to lease the East Parking Pad and, in accordance with this Lease and the Acquisition Agreement, purchase the East Parking Facility from Landlord. 2. Lease and Purchase. Landlord shall sublease the East Parking Pad to Tenant, and Tenant accepts such sublease of the East Parking Pad, upon and subject to the terms and conditions contained in this Lease. 3. Term of Lease; Extension Ootions; Possession 3.1 Term. The Lease shall commence ("Commencement Date") on the date that Landlord and Tenant reasonably agree that each of the following conditions precedent to the effectiveness ofthis Lease have been satisfied: (i) a permanent certificate of occupancy is received by Landlord for the East Parking Facility and the Mall Expansion, (ii) the Agency Bonds described in the Owner Participation Agreement have been issued by the Tenant and net proceeds of not less than Eleven Million Dollars ($11,000,000) have been deposited in the appropriate accounts held by the Fiscal Agent and/or the trustee for the Agency Bonds, (iii) Landlord has obtained the written consent of its current lender (which is the beneficiary under a deed oftrust covering the East Parking Pad) to the execution and delivery of this Lease by Landlord and the performance of its obligations hereunder ("Lender Consent"), (iv) Landlord has obtained the consents of the parties to the COREA, defined in Section 7.4 below, and Edwards Theatres Circuit, Inc. to the execution and delivery of this Lease by Landlord and the performance of its obligations hereunder, including but not limited to an amendment to the COREA and the lease with Edwards Theatres Circuit, Inc. allowing the use provisions contained in this Lease and modifying the rules and regulations pertaining to address the use and operation of the Commuter Spaces ("COREA Consent"), (v) Landlord has obtained an amendment to the CC&Rs as described in Section 7.4.1 below, (vi) the Acquisition Agreement is duly executed and delivered among the parties thereto, (vii) the conditions described in Section 15.6.1 below (non-disturbance agreements and title insurance) are fulfilled to the satisfaction of the Tenant (viii) the Owner Participation Agreement is in full force and effect on the date that conditions (i) - (vii) above have been satisfied, and (ix) the portion of the Purchase Price to be paid under the Owner Participation Agreement on the date that conditions (i) - (vii) above have been satisfied is paid to and received by Landlord (which is expected to be up to $7 million as provided in the Owner Participation Agreement). Landlord shall provide Tenant with notice confirming the occurrence or waiver by Landlord of the foregoing conditions and of the actual Commencement Date, which date as set forth in such notice, absent a written objection from Tenant received by Landlord on or before ten (10) days after the effective date of such notice pursuant to Section 15.7 below, shall be conclusive evidence ofthe actual Commencement Date. The term of the Lease ("Term") shall commence on the Commencement Date and shall end on day which is the day immediately prior to the thirtieth (30th) anniversary of the Commencement Date ("Termination Date"), unless sooner terminated by mutual agreement ofthe parties or as provided in Section 3.2. 3.2 Earlv Termination. Notwithstanding the provisions of Section 3.1 or any contrary provision of this Lease and provided Landlord is not in default under its obligations under this Lease, Landlord shall have the right to terminate this Lease, without penalty, upon sixty (60) days prior written notice to Tenant in the event (i) the Owner Participation Agreement -3- 419586.2 001137.0001 is terminated, or (ii) if the balance of the Purchase Price owed under the Owner Participation Agreement and Acquisition Agreement is not paid to and received by Landlord in accordance with the terms of the Owner Participation Agreement and Acquisition Agreement unless cured by Tenant within sixty (60) days after notice by Landlord of such default. Upon termination, the Lease shall be deemed terminated and of no force or effect and Landlord shall have no obligation to return any portion of the Purchase Price received on or before such termination. 3.3 Possession. Tenant shall be entitled to take possession of the Demised Premises upon the Commencement Date. 4. Rent. During the Term, Tenant shall pay Landlord the sum of Thirty Dollars ($30.00) as rent for the East Parking Pad which rent Landlord acknowledges as having been paid in full. 5. Utilities. Landlord shall supply, at Landlord's expense, all electricity, gas, potable water, fire suppression water, sewer, waste water services and other utilities needed to operate the Demised Premises during the Term. 6. Demised Premises Taxes and Assessments: Possessorv Interest Taxes. Landlord shall be responsible for the payment when due of all taxes and assessments from time to time assessed against the Demised Premises, including, without limitation, possessory interest taxes. 7. Use: Hazardous Materials: Comoliance with Laws: Insoection. 7.1 Use of Demised Premise~. The East Parking Facility shall be and at all times (until the Termination Date ofthe Term or earlier termination) remain available for public use as a public parking facility open to the general public, including but not limited to the tenants, visitors, vendors, invitees and employees of the stores and other businesses and facilities located at the Temecula Promenade Mall (the "Shoooin!! Mall"), free of charge at the times and upon the conditions set forth in the CC&R's (as defined in Section 7.4) and any reasonable rules and regulations as provided herein. All parking spaces (other than the Commuter Spaces) shall remain available to the public on a nonexclusive, non-reserved basis. By way of clarification and not limitation, the following actions shall be considered consistent with the use of the East Parking Facility as a public parking facility: (i) opening and closing the Demised Premises during the hours of operation for the Shopping Mall, as such hours of operation may be established by Landlord from time to time or applicable covenant, conditions and restrictions which may appear in the Official Records of Riverside County covering the Demised Premises or local ordinances; (ii) temporarily closing all or parts of the Demised Premises for repair and maintenance activities or for the reconfiguration of parking spaces provided the number of spaces is not reduced below 936 spaces; (iii) adding kiosks for the dissemination of information about the Shopping Mall, its current or proposed, tenants or activities or services related to the Shopping Mall subject to approval by the Executive Director of the Tenant, not to be unreasonably withheld or delayed; or (iv) establishing rules and restrictions regarding the Commuter Spaces including but not limited to the location of such spaces and hours which such Commuter Spaces shall be available; or (v) other uses which do not materially and adversely reduce the ability ofthe general public to park at the East Parking Facility. The use of the Demised Premises shall also be subject to the provisions ofthe CC&R's and the Rules and -4- 419586.2 001137.0001 Regulations set forth on Exhibit D. attached hereto and made a part hereof, as such Rules and Regulations may be reasonably amended from time to time by Landlord. 7.2 Parkin!:! Ooerations Ai:!reement. Tenant shall enter into an agreement ("Parkin!! Ooerations A!!reement") with a parking operator ("Ooerator") for the operation and maintenance of the Demised Premises for the Term hereof subject to Landlord approval, which may be given or withheld in Landlord's sole and absolute discretion, of such Operator and any successor thereto. Such Operator may be the Landlord or an affiliate of Landlord. 7.3 Hazardous Materials. 7.3.1 Definitions. "Hazardous Materials" shall mean any substance that now or in the future requires investigation or remediation under, or is regulated or defined as a hazardous waste or hazardous substance, by any governmental authority or instrumentality or any law, regulation, rule or order, or any amendment thereto, including, without limitation, the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. ~ 9601 et seq. and the Resource Conservation and Recovery Act, 42 U.S.C. ~ 9601 et seq., or that is otherwise toxic, explosive, corrosive, flammable, infectious, mutagenic, radioactive, carcinogenic, a pollutant or a contaminant, including gasoline, diesel, petrolenm hydrocarbons, polychlorinated biphenyls (PCBs), asbestos, radon and urea formaldehyde foam insulation. "Environmental Reauirements" shall mean all present and future governmental laws, regulations, rules, orders, permits, licenses, approvals, authorizations and other requirements of any kind applicable to Hazardous Materials, including common law tort principles (such as public and private nuisance and strict liability for conducting abnormally dangerous activities). "Handle," "Handled" or "Handlin!:!" shall mean any installation, handling, generation, storing, treatment, use, disposal, discharge, release, manufacture, refinement, emission, abatement, removal, transportation, presence or migration of any Hazardous Materials brought on the Demised Premises by Tenant or its employees, representatives or agents, or any other activity or any type in connection with or involving Hazardous Materials. 7.3.2 Indemnification bv Tenant. In addition to, and not in derogation of any other indemnification contained in this Lease, Tenant agrees to indemnify, defend and hold harmless Landlord, its successors and assigns, and its and their partners, directors, officers, shareholders, employees, agents and affiliates from and against all costs, expenses, damages, liabilities, claims, fines, penalties, interest, judgments, and losses of any kind arising from or in any way related to Tenant's Handling of Hazardous Materials or violation of Environmental Requirements during the Term. Landlord shall accept as full and complete satisfaction of Tenant's indemnification obligations under this Section the indemnification and insurance provided by the Operator. 7.3.3 Indemnification bv Landlord. In addition to, and not in derogation of any other indemnification contained in this Lease, Landlord agrees to indemnify, defend and hold harmless Tenant, its successors and assigns, and its and their board members, officers, employees, and agents from and against all actual out of pocket costs, expenses, damages, -5- 419586.2 001137.0001 liabilities, claims, fines, penalties, interest, judgments, and losses of any kind arising from or in any way related to Hazardous Materials located on the Demised Premises prior to the commencement of the Term. 7.4 Covenants. Conditions and Restrictions. The use and operation of the Demised Premises shall be subject to the following (collectively, "CC&Rs"): (i) the provisions If all covenants, conditions and restrictions referenced in the Official Records of Riverside County covering all or any part of the Demised Premises as of the Commencement Date, including but not limited to that certain Construction, Operation and Reciprocal Easement Agreement (as amended form time to time, the "COREA") dated as of July 23,1998 and recorded on July 24, 1998 in the Official Records of Riverside County, California as Instrument No. 307157, by and among Landlord, the May Department Stores Company (now known as Macy's West, Inc.), Sears, Roebuck and Co., and J.C. Penney Properties, Inc.; (ii) Declaration of Restrictions and Grant of Easements dated as of July 23, 1998 and recorded on July 24, 1998 in the Official Records of Riverside County, California as Instrument No. 307158 by Landlord; or (iii) any amendments, substitutions, replacement, or modification thereto or any further restrictions existing from time to time (collectively a "CC&R Amendment"). 7 .4.1 It is a condition to the effectiveness of this Lease that on or before the Commencement Date, the CC&R's shall be amended to permit the construction ofthe East Parking Facility and its operation as a public parking facility. 7.4.2 No provision of any CC&R Amendment which is directly applicable to the Demised Premises and which materially and adversely affects the public parking use of the East Parking Facility shall be effective without the prior written consent of Tenant. 7.4.3 Further, Landlord shall not enforce against Tenant any provision in any CC&R which is directly applicable to the Demised Premises and which materially and adversely affects the use ofthe East Parking Facility for public parking. 7.4.4 Any charges or assessments charged under the CC&R's and applicable to the Demised Premises shall not be a Tenant obligation and Landlord 'shall be responsible therefor. 7.5 No Encumbrances bv Tenant. Tenant shall have no right to encumber all or any part of the Demised Premises or any of its rights hereunder without the prior written consent of Landlord which consent may be withheld in Landlord's sole and absolute discretion, Tenant shall indemnify Landlord for any breach ofthe foregoing which indemnification obligation shall survive the expiration of the Term. 7.6 ComDliance with ADDlicable Law. Tenant, shall, at Tenant's sole expense, fully, diligently and in a timely manner, comply with all applicable laws relating to its use or operation ofthe Demised Premises (collectively, "Aoolicable Reouirements"). 7.7 Insoections. Landlord's consultants shall have the right, but not the obligation, to enter into the Demised Premises at any time, in the case of an emergency, and otherwise at reasonable times, for the purpose of: (a) inspecting the condition of the Demised -6- 419586.2 001137.0001 Premises; and (b) verifying compliance by Tenant with this Lease. The cost of any such inspections shall be paid by Landlord. 8. Construction and Ownershio of East Parking Facilitv. Landlord shall construct the East Parking Facility in accordance with the terms of the Owner Participation Agreement and the City Approval and shall be paid the Purchase Price by Tenant as provided in the Owner Participation Agreement and the Acquisition Agreement. 8.1 Mechanics' Liens--Tenant's Work. At all times during the Term, Tenant shall keep the Demised Premises free and clear of all liens and claims ofliens for labor, services, materials, supplies, or equipment performed on or furnished to the Demised Premises for work performed by Tenant. Should Tenant fail to pay and discharge or cause the Demised Premises to be released from any such lien or claim oflien within sixty (60) days after service on Tenant of written request from Landlord to do so, Landlord may bond any such lien or claim of lien on reasonable terms such that it is released. In such event, Tenant shall, on or before the first day of the next calendar month following any such payment by Landlord, reimburse Landlord for the reasonable amount paid by Landlord to obtain such a bond. 8.2 Mechanics' Lien--Landlord's Work. At all times during the Term, Landlord shall keep the Demised Premises free and clear of all liens and claims of liens for labor, services, materials, supplies, or equipment performed on or furnished to the Demised Premises for work performed by Landlord. Should Landlord fail to pay and discharge or cause the Demised Premises to be released from any such lien or claim oflien within sixty (60) days after service on Landlord of written request from Tenant to do so, Tenant may bond any such lien or claim oflien on reasonable terms such that it is released. In such event, Landlord shall, on or before the first day ofthe next calendar month following any such payment by Tenant, reimburse Tenant for the reasonable amount paid by Tenant to obtain such a bond. 8.3 Commencement of Work. Upon the execution, delivery and due approval of the Owner Participation Agreement, receipt by Landlord ofthe Lender Consent and the COREA Consent, and sale of the Agency Bonds, Landlord shall commence construction work on the East Parking Facility. Such work shall be in accordance with the Owner Participation Agreement and the City Approval. 8.4 rReservedl 8.5 Future Develonment. The Landlord and Tenant hereby agree and acknowledge that Landlord may elect to construct, at its sole cost and expense, additional improvements adjacent to or connected to the East Parking Facility from time to time during the term ofthis Lease ("Gara!!e Addition"). Landlord may request the Tenant to enter into a reciprocal easement agreement and/or any other documents addressing any changes in ownership or other rights to or location ofthe East Parking Facility or East Parking Pad, as applicable, or any part thereof or so as to provide for ingress and egress and utility installation and access between the East Parking Facility and the Garage Addition. Tenant shall not unreasonably withhold approval of such an agreement provided the uses of the East Parking Facility pursuant to this Lease are not adversely affected. -7- 419586.2 001137.0001 8.6 OwnershiD ofImorovement. On the Commencement Date Landlord shall covey title to the East Parking Facility to Tenant pursuant to the terms and conditions of the Acquisition Agreement and the Owner Participation Agreement, 9. Maintenance and Renairs. 9.1 Maintenance bv Landlord. Landlord shall, at Landlord's own cost and expense, keep and maintain the Demised Premises (including all structural, non-structural, interior, exterior, landscaped areas, systems, equipment, facilities, driveways, parking areas, fences, and signs) in working order, condition and repair, excluding damage caused by Tenant or its agents, employees or contractors. 9.2 New Laws and Chan!:!es in Law. At all times during the Term, Landlord shall, at Landlord's own cost and expense, make all alterations, additions, or repairs to the Demised Premises required by any Applicable Requirements now or hereafter made or issued by any federal, county, local, or other governmental agency or entity. 9.3 Landlord's Dutv to Restore Demised Premises. If any portion of the East Parking Facility is destroyed in whole or in part by fIre, theft, the elements, or any other cause covered by the insurance to be maintained by Landlord under this Lease (a "Casualtv Event"), Landlord, at Landlord's own cost and expense, shall repair and restore the East Parking Facility to substantially the condition existing prior to such Casualty Event but in all cases subject to then applicable zoning and other land use laws or regulations. If the work of repair and restoration does not require the issuance of any building permit or other permit from governmental authorities or the preparation of plans, then such work shall be commenced by Landlord within sixty (60) days after the damage or destruction occurs. Landlord shall diligently prosecute such repair or renovation to completion and in the event of a total destruction of the East Parking Facility Landlord shall cause such work to be completed within the same time period as was provided for Landlord to construct the East Parking Facility under the Owner Participation Agreement but without the use of overtime work (as contemplated in the initial construction of the East Parking Facility), subject in all events to force majeure delays and delays caused by Tenant or the City ofTemecula or any agent or agency controlled thereby. The parties agree that events or conditions may preclude in some instances the immediate making of permanent repairs. The parties agree that in those instances Landlord shall make interim repairs that will protect the East Parking Facility from further deterioration and permit the continued use of the Demised Premises to the extent possible for the purposes for which they were demised. In such event Landlord, upon demand, shall provide Tenant sufficient information for Tenant to satisfy itself that the time for making permanent repairs must be extended as reasonable beyond the time limits specified hereinbefore. In all other respects, the work of repair and restoration shall be done in accordance with the requirements for the original work set forth in Section 8 and as otherwise provided in this Section. No deprivation, impairment or limitation of use resulting from any event or work contemplated by this Section shall entitle Tenant to any offset, abatement or reduction in Rent or to any termination or extension ofthe Term. Notwithstanding anything herein to the contrary, in lieu of reconstruction ofthe East Parking Facility after it is substantially damaged or destroyed, Landlord may (if permitted under the COREA, CC&Rs and any CC&R Amendments or applicable consents thereunder are -8- 419586.2 001137.0001 obtained) provide/designate 936 public parking spaces (including 75 park and ride spaces) in the Common Areas, as such term is used under the COREA. Landlord may request the Tenant to enter into a reciprocal easement agreement and/or any other documents to provide for ingress and egress and utility installation and access to and from such designated spaces. 9.4 ADDlication of Insurance Proceeds. Any and all fire or other insurance proceeds that become payable at any time during the Term because of damage to or destruction of the East Parking Facility shall be paid to Landlord and shall be used for the repair, restoration and replacement of the East Parking Facility so damaged in the manner required by Section 9.3. 9.5 Total Loss. In the event there is a destruction of more than 90% ofthe useable square footage of the East Parking Facility due to a Casualty Event occurring at any time during the last 12 months of the Term, Landlord or Tenant may elect to terminate this Lease at no penalty, cost or expense. 9.6 Tenant Alterations. Tenant shall not make alterations or additions to the Demised Premises without the prior written consent of Landlord which consent may be withheld by Landlord in its sole and absolute discretion. 10. Indemnitv and Insurance. 10.1 Indemnitv. Tenant shall defend, indemnify and hold Landlord harmless from and against any and all liabilities, claims, losses, damages, costs and expenses (including attorneys' fees and court costs) resulting from or arising out of Tenant's operation or use of the Demised Premises. Landlord shall accept as full and complete satisfactions of Ten ant's indemnification obligations under this Section the indemnification and insurance provided by the Operator. 10.2 Liabilitv Insurance. Landlord shall, at Landlord's own cost and expense, secure promptly after execution of this Lease and maintain during the entire Term a broad form comprehensive coverage policy of public liability insurance issued by an insurance company authorized to issue liability insurance in the State of California and having a rating of not less than "A-13" as set forth in the then current Best's Insurance Guide (with regard to the primary layer of coverage), insuring Tenant and Landlord against loss or liability caused by or connected with Tenant's occupation, use, disuse, or condition of the Demised Premises under this Lease in amounts not less than: 10.2.1 $2,000,000 for bodily injury to or death of person per occurrence. Such liability policies may have a self insured retention of $500,000. Such liability limits may be satisfied by a combination of primary and excess liability policies; and 10.2.2 $2,000,000 for damage to or destruction of any personal property. All public liability insurance and personal property insurance shall insure performance by Tenant of the indemnity provisions ofthis Lease. Tenant shall be named as additional insured on each insurance policy required by this Section. Such liability policies may have a self insured retention of$500,000. Such liability limits may be satisfied by a combination of primary and excess liability policies. -9- 419586.2 001137.0001 10.3 Increase in Insurance Coverage. Not more frequently than once every three (3) years, if, in the reasonable opinion of Tenant (as supported by a detailed opinion from a national insurance brokerage firm which has over 10 years of experience in placing insurance for commercial properties in Southern California), the amount of public liability and personal property insurance coverage at that time is not reasonably adequate (when compared to the policies obtained by owners of similar parking structures within a one hundred (100) mile radius of the Demised Premises), Landlord shall increase the insurance coverage as reasonably required by Tenant in accordance with prevailing standards within 60 days after Landlord is notified in writing by Tenant to increase its coverage as provided above. 10.4 Fire and Casualtv Insurance. Landlord shall, at Landlord's own cost and expense, at all times during the Term, keep all buildings, improvements, and other structures on the Demised Premises, as well as any and all additions thereto, insured for their full replacement value (as defmed below), by insurance companies authorized to issue such insurance in the State of California and having a rating of not less than "A-13" as set forth in the then current Best's Insurance Guide (with regard to the primary layer of coverage), against loss or destruction by fire and the perils commonly covered under the "all risk!special form" property coverage for similar parking structures within a 10 mile radius ofthe Demised Premises. Each insurance policy shall be issued in the names of Landlord, Tenant, as their interests may appear, as anadditional insured. Each insurance policy shall provide that any loss payable under such insurance shall be payable in Trust to Landlord as loss payees. Any proceeds received because of a loss covered by such insurance shall be used and applied in the manner required by Section 9.4. Such fIre and casualty insurance may have commercially reasonable deductibles, including percentage deductibles. Such fire and casualty insurance may have sublimits for certain perils that are commercially reasonable. 10.5 SDecific Perils to Be Insured. Notwithstanding anything to the contrary contained in Section 10.4. the insurance required by Section 10.4 shall, whether or not included in the "all risk!special form" mentioned in Section 10.4. insure all buildings, improvements, and other structures on the Demised Premises, as well as any and all additions thereto, against loss or destruction by windstorm, typhoon, tidal wave, explosion, riot, riot attending a strike, civil commotion, acts ofterrorism, malicious mischief, vandalism, aircraft, fire, smoke damage and sprinkler leakage. Furthermore, the insurance required by Section 10.4 during the performance of restoration work shall have course of construction, vandalism, and malicious mischief clauses attached insuring the Work during construction and all materials delivered to the D.emised Premises for their full replacement value. For purposes ofthis Section, the "full replacement value" of any building or other improvements to be insured shall be determined by the company issuing the insurance policy at the time the policy is initially obtained. Not more than once every three (3) years thereafter, either party hereto shall have the right to notify the other party hereto that it elects to have the replacement value redetermined by an insurance company reasonably satisfactory to the Parties. The redetermination shall be made promptly in accordance with the rules and practices of the Board of Fire Underwriters, or a like board recognized and generally accepted by the insurance company, and each party shall be promptly notified of the results by such company. The insurance policy or policies shall be adjusted accordingly to reflect the redetermined value, if applicable. -10- 419586.2 001137.0001 10.6 Deoosit ofInsurance with Landlord. Landlord shall deliver to Tenant a certificate of insurance evidencing each insurance policy required by this Section lOon or before the Commencement Date and deliver certificates of insurance promptly thereafter when any such policy is replaced, rewritten or renewed. All insurance policies required by express provisions of this Lease shall be nonassessable and shall contain language to the effect that (a) any loss shall be payable notwithstanding any act or negligence of Landlord, Tenant or both that might otherwise result in the forfeiture of the insurance, (b) that the insurer waives the right of subrogation against Landlord, Tenant or both, and (c) the policies are primary and non- contributing with any insurance that may be carried by Landlord, Tenant or both. 10.7 Notice of Cancellation of Insurance. Each insurance policy required by this Section 10 shall contain a provision that it cannot be cancelled or materially changed for any reason unless 30 days' prior written notice (or ten days prior written notice in the event of cancellation for nonpayment of premium) of such cancellation or change is given to Landlord and Tenant in the manner required by this Lease for service of notices on Landlord or Tenant. 10.8 Unavailabilitv of Covera!:!e. Notwithstanding anything to the contrary contained in this Section 10. should insurance coverage meeting all the requirements set forth in this Section 10 be unavailable due to circumstances beyond the control of Landlord, Tenant and Landlord shall agree as to substitute coverage which shall to the greatest extent possible meet the requirements set forth in this Section 10. provided that any substitute coverage shall not be less than insurance coverage commercially available to and actually obtained for comparable parking facilities in the State of California at commercially reasonable amounts. 10.9 Landlord's Coverage for the Mall. Notwithstanding anything to the contrary contained in this Section 10. Landlord may maintain any of the insurance required under this Lease as part of a blanket policy covering all or any part of the Shopping Mall or other locations so long as the amount of insurance available for the Demised Premises at any given time is not less than the amounts required in this Section 10. 11. Condemnation. 11.1 Total Condemnation. Should, during the Term, title to the Demised Premises be taken under the power of eminent domain by any public or quasi-public agency or entity, this Lease shall terminate as of 12:01 A.M. of, whichever fIrst occurs, (a) the date legal title to the Demised Premises becomes vested in or (b) actual physical possession of the Demised Premises is taken by the agency or entity exercising the power of eminent domain, and both Landlord and Tenant shall thereafter be released from all future obligations under this Lease, except those specified in Sections 11.4 and 11.5. 11.2 Partial Condemnation. Should, during the Term, title of only a portion of the Demised Premises be taken under the power of eminent domain by any public or quasi- public agency or entity (but only if the condemning authority is not the Tenant, the City or an agent, agency, or subsidiary in their control), all compensation and damages payable by reason the taking by eminent domain of any improvements (but not land) shall be available to and used, to the extent reasonably needed, by Landlord to replace the improvements so taken to the extent practicable under then existing laws and conditions with improvements ofthe same type on the -11- 419586.2 001137.0001 remaining portion of the Demised Premises. Landlord shall submit to Tenant conceptual plans for the replacement improvements and shall consult with Tenant and keep Tenant informed concerning development and construction of replacement improvements; provided, however, that should the East Parking Facility be taken by eminent domain result in a loss of 50% or more of the useable square footage of the East Parking Facility or the material access to the Demised Premises, Tenant or Landlord may terminate this Lease in the manner prescribed by Section 11.3, for no additional consideration, penalty, cost or expense. If the condemning authority is the Tenant, the City or an agent, agency, or subsidiary in their control, then Landlord shall not be obligated to restore the Demised Premises. 11.3 Termination for Partial Takin2;. Tenant or Landlord may terminate this Lease for the reasons stated in Section 11.2 by serving written notice of termination on the other within 90 days after such Party has been deprived of actual physical possession of the portion of the Demised Premises taken by eminent domain. This Lease shall terminate as of 12:01 A.M. of the first day of the calendar month following the calendar month in which the notice of termination described in this Section is served on a given Party. Upon any termination ofthis Lease pursuant to this Section, all subleases and subtenancies in or on the Demised Premises or any portion or portions of the Demised Premises created by Tenant under this Lease shall also terminate and the Demised Premises shall be delivered to Landlord free and clear of all such subleases and subtenancies; provided, however, that Landlord may, at Landlord's option, ,by mailing written notice to a subtenant allow any subtenant to attorn to Landlord and continue the subtenant's occupancy of the Demised Premises as a tenant of Landlord. On termination of this Lease pursuant to this Section, however, both Landlord and Tenant shall be released from all future obligations under this Lease except those specified in Section 11.4. 11.4 Condemnation Award. Any compensation or damages awarded or payable because of the taking of all or any portion of the Demised Premises by eminent domain shall be allocated between Landlord and Tenant as follows: 11.4.1 In the event that the entire Demised Premises are taken by eminent domain Landlord and Tenant shall divide the compensation or damages awarded as follows: 11.4.1.1 The value of the land taken shall be paid to the Landlord and Tenant shall have no interest in such amounts; 11.4.1.2 Severance damages shall be paid to the Landlord and Tenant shall have no interest in such damages; 11.4.1.3 The value of the Facility shall be divided equally between Landlord and Tenant but only if the condemning authority is not the Tenant, the City of Temecula or an agent, agency, or subsidiary in their control, and provided Tenant's share shall not exceed the unamortized amount of sums actually received by Landlord from Tenant as purchase price for the East Parking Facility and described in the Owner Participation Agreement and Acquisition Agreement (an amount up to Eleven Million Dollars ($11,000,000)), assuming straight line amortization of such sum over the Term of this Lease; and -12- 419586.2 001137.0001 11.4.1.4 In the event attorneys' fees or other expenses are awarded to Landlord and Tenant, each shall be entitled to receive such compensation for expenses actually incurred. 11.4.2 All compensation or damages awarded or payable for the taking by eminent domain of any improvements located on the Demised Premises where only a portion of the Demised Premises is taken by eminent domain and Tenant is not entitled to or does not terminate this Lease, shall be applied in the manner specified in Section 11.2 toward the replacement of such improvements with equivalent new improvements on the remaining portions of the Demised Premises. 12. Obligation to Refrain from Discrimination. 12.1 Landlord covenants, for itself and its successors and assigns, and all persons claiming under or through them that, until the expiration of the Term of this Lease or its earlier termination, there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (P) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises herein leased, nor shall the grantee himself or herself, or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sub lessees or vendees in the Demised Premises. The foregoing covenants shall run with the land. 12.2 Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 ofthe California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (0) and (P) of Section 12955 of the California Government Code shall apply to said paragraph. 12.3 Until the expiration of the Term of this Lease or its earlier termination, all deeds, leases or contracts entered into with respect to the Demised Premises shall contain or be subject to substantially the following nondiscriminationlnonsegregation clauses until the expiration of the Term ofthis Lease or its earlier termination; 12.3.1.1 In deeds; "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (P) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises herein conveyed, nor shall the grantee himself or herself, or any person claiming -13- 419586.2 001137.0001 under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sub lessees or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 ofthe California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 ofthe California Civil Code and subdivisions (n), (0) and (P) of Section 12955 of the California Government Code shall apply to said paragraph." 12.3.1.2 In leases; "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (P) of Section 12955, and Section 12955.2 ofthe California Government Code, in the leasing, subleasing, transferring, use or occupancy, tenure or enjoyment ofthe premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (0) and (P) of Section 12955 of the California Government Code shall apply to said paragraph." 12.3.1.3 In contracts; "The contracting party or parties hereby covenant by and for himself or herself and their respective successors and assigns, that there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (P) of Section 12955, and Section 12955.2 ofthe California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment ofthe premises, nor shall the contracting party or parties, any subcontracting party or parties, or their respective assigns or transferees, establish or permit any such practice or practices of discrimination or segregation. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in -14- 419586.2 001137.0001 said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (0) and (P) of Section 12955 ofthe California Government Code shall apply to said paragraph." 13. Assi=ent and Sublettin!:!. Tenant shall not voluntarily or by operation oflaw assign, encumber or otherwise transfer any right or interest in or arising from this Lease or the Demised Premises, or sublet all or any part of the Demised Premises to any person, without the express prior written consent of Landlord, which may be withheld in Landlord's sole and absolute discretion, provided however, the rights and obligations of Tenant under this Lease may be assigned to a public entity whose legislative body includes one or more members of the City Council of the City including, without limitation, the City or the Temecula Public Financing Authority. No assignment by Tenant shall be effective unless such assignment and all terms and conditions relating thereto are in writing and the assignee agrees to assume all obligations of tenant under this Lease and a true and complete copy of such assignment and any related agreements is provided to Landlord. The consent by Landlord to anyone assignment or subletting shall not be deemed to be a consent to any subsequent assignment or subletting. 14. Events ofDefault!Remedies. 14.1 Event of Default. Any of the following events shall constitute an "Event of Default" under this Lease: 14.1.1 Tenant fails to make any payment of money called for by any provision of this Lease within thirty (30) days after written notice from Landlord; 14.1.2 A default by Tenant occurs under the Acquisition Agreement; 14.1.3 A default by Tenant or City occurs under the Owner Participation Agreement; 14.1.4 Tenant fails to P"'~;-UHH fully and when due any of its other covenants, conditions or obligations under this Lease and: (i) within thirty (30) days after written notice from Landlord specifYing the nature of such failure of Tenant, Tenant does not commence to remedy such failure, or (ii) Tenant does not thereafter diligently and continuously pursue all such remedial actions; or 14.1.5 Landlord fails to perform fully and when due any of its covenants, conditions or obligations under this Lease and: (i) within thirty (30) days after written notice from Tenant specifYing the nature of such failure of Landlord, Landlord does not commence to remedy such failure, or (ii) Landlord does not thereafter diligently and continuously pursue all such remedial actions. 14.2 Institution of Le!:!al Actions. Unless otherwise specifically provided in this Lease, in addition to any other rights or remedies, any Party may institute legal action to cure, correct, or remedy any Event of Default, to recover damages for any Event of Default, or to obtain any other remedy consistent with the provisions of this Lease. Such legal actions must be -15- 419586.2 001137.0001 instituted in the Superior Court ofthe County of Riverside, State of California or, if Federal jurisdiction exists, in the Federal District Court in the Central District of California. 14.3 Landlord's Remedies. 14.3.1 Landlord's sole remedy upon the occurrence of an Event of Default by Tenant shall be specific performance, declaratory relief, writ of mandate, or similar remedies (collectively "Eouitable Remedies") to compel Tenant's compliance with the terms of this Lease, including, without limitation, compelling the payment of monies due under this Lease. The parties agree that it may not be practical or possible to determine the sum of money which would adequately compensate Landlord for an Event of Default by Tenant under this Lease. Further, the Tenant and Landlord agree that damages may not be an adequate remedy as a result of an Event of Default by Tenant under this Lease. Therefore the parties agree that Landlord's sole legal or equitable remedy shall be the right to seek and obtain specific performance, declaratory relief, writ of mandate, or similar remedies to compel Tenant's compliance with the terms of this Lease as a remedy for any breach of this Lease and that specific performance, declaratory relief, writ of mandate, or similar remedies to compel Tenant's compliance with the terms ofthis Lease, including, without limitation, compelling the payment of monies due under this Lease, are available remedies in the event Landlord establishes an Event of Default. The recovery of reasonable attorneys' fees in all cases and actual damages where the remedy sought is to compel the payment of money are deemed consistent with the enforcement of Equitable Remedies. 14.3.2 Except where such right is expressly provided, such as in Section J, Landlord shall not have the right to terminate the Lease for any breach of the Lease by the Tenant and hereby waives any such right. 14.4 Tenant Remedies. Tenant sole remedy upon the occurrence of an Event of Default by Landlord shall be to exercise Equitable Remedies. 14.5 Rights and Remedies Cumulative. Subject to the limitations on remedies stated in this Lease, the rights and remedies of the parties are cumulative, and the exercise by any Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Event of Default or any other Event of Default by any other Party. 14.6 Landlord Liabilitv. Except as specifically provided herein to the contrary, no partner, owner, manager, member, officer, director, representative, employee, attorney, agent or consultant of Landlord or of any successor in interest of Landlord, shall personally be liable to Tenant, or any successor in interest of Tenant, in the event of any Event of Default or breach by Landlord, or for any amount which may become due to Tenant, or any successor in interest, on any obligation under the terms of this Lease; Tenant shall not retain the right to seek, and hereby expressly waives, the right to seek such damages. In all events Landlord's liability under this Lease shall be limited to its interest in the Demised Premises. 14.7 Tenant Liabilitv. Except as specifically provided herein to the contrary, no representative, employee, attorney, agent or consultant of the Tenant or of any successor in -16- 419586.2 001137.0001 interest of Tenant, shall personally be liable to the Landlord, or any successor in interest ofthe Landlord, due to any Event of any Default, or breach by Tenant, or for any amount which may become due to the Landlord, or any successor in interest, on any obligation under the terms of this Lease; Landlord shall not retain the right to seek, and hereby expressly waives, the right to seek such damages. 14.8 Inaction Not a Waiver of Default. Except as expressly provided in this Lease to the contrary, any failure or delay by either party in asserting any of its rights and remedies as to an Event of Default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its rights to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 14.9 Survival of Certain Obli!:!ations. The expiration or termination of this Lease and/or the termination of Tenant's right to possession shall not relieve Tenant or Landlord from liability under any indemnity provisions of this Lease or other matters occurring or accruing during the Term or by reason of Tenant's occupancy of the Demised Premises. 15. Miscellaneous 15.1 Tenant's Dutv to Surrender Demised Premises on Terminatioll. At the expiration or any earlier termination ofthe Term, Tenant shall surrender to Landlord the possession of the East Parking Pad and all improvements and fixtures installed or constructed by or for Tenant thereon other than the East Parking Facility, as discussed below. All such improvements and fixtures not already the property of Landlord shall become the property of Landlord without the payment of any consideration therefor. With regard to the East Parking Facility, Tenant, with Landlord's prior consent, may elect to remove the East Parking Facility structure and restore the East Parking Pad to its condition prior to the construction of the East Parking Facility structure at Tenant's sole cost and expense on or before the expiration or any earlier termination of the Term, or shall be deemed to have transferred title to the East Parking Facility to Landlord without the payment of any consideration therefor. If Tenant commences the removal of the East Parking Facility structure but does not complete such action in a timely manner Tenant shall be responsible for all costs and expenses incurred by Landlord to either restore the East Parking Facility structure or continue its demolition and the restoration of the East Parking Pad (and this obligation shall not be subject to the limitations of Section 14.3), 15.2 Holdin!:! Over. This Lease shall terminate without further notice at the expiration ofthe Term. Any holding over by Tenant shall not constitute a renewal or extension of the Term or give Tenant any rights in or to the Demised Premises. Nothing contained herein shall be construed as a consent by Landlord to any holding over by Tenant. 15.3 Force Maieure Delavs. Nonperformance of any of the conditions or covenants herein by any party hereto shall be excused when performance is prevented or delayed by reason of any of the following forces reasonably beyond the control of such party: acts of God, strike, war, lockout, labor trouble, reasonable inability to secure materials or labor, unreasonable delay by a governmental entity in the issuance of any required governmental permit, license or approval, act of nature (including but not limited to hurricane, earthquake, -17- 419586.2 001137.0001 windstorm, flood, wildfire, or other severe weather or environmental condition) insurrection, riot, casualty, acts of public enemy, governmental restrictions, litigation initiated by a party other than a party hereto or its affiliate, unreasonable acts or failures to act of any governmental agency or entity, including the Tenant and the City, or unreasonable delays of any contractor, subcontractor or supplier. In such event, nonperformance shall be excused and the time of performance shall be extended by the number of days the performance is delayed or prevented. Notwithstanding anything herein to the contrary, a party's financial inability to complete their obligations hereunder shall not constitute force majeure; and provided further that any such extension of the time for performance shall not affect the commencement or expiration ofthe Term. 15.4 Attornevs' Fees. In the event either party brings a suit, action or other proceeding against the other party that in any way relates to or arises out of this Lease, the prevailing party (meaning the party that obtains substantially the relief sought by it) shall be entitled to have and recover from the other party all costs and expenses of the suit, action or proceeding, including attorneys' fees, from the commencement of the suit, action or proceeding through the entry of judgment. The trial court shall determine which party is the prevailing party as well as the amount of attorneys' fees and costs to be awarded immediately following the entry of judgment (and without awaiting any appeal) in a post-trial proceeding such as is conducted when a cost bill is submitted. If an appeal is timely filed and if the awarding or amount of attorneys' fees and costs is at issue in the appeal, then the appellate court (or the trial court, acting pursuant to an order of the appellate court) shall determine such issue, and the recoverable attorneys' fees and costs shall include those incurred through the entry of final judgment following the appeal. In the event that Landlord shall be a party to any legal proceedings instituted in connection with or arising out of this Lease where Tenant is named as a defendant, Tenant agrees to pay to Landlord all snms paid or incurred by Landlord as costs and expenses in such legal proceedings, including Landlord's reasonable attorneys' fees. 15.5 Ouiet Eniovment. 15.5.1 Landlord Renresentatiof!. Landlord warrants and represents that as of the Commencement Date it shall be the sole and lawful owner ofthe East Parking Pad with insurable and marketable title, and the East Parking Pad shall be free and clear of all liens and encumbrances, except those contained in the Official Records of Riverside County covering the East Parking Pad, including but not limited to the CC&R's, the Owner Participation Agreement, and the lien of current unpaid real estate taxes. 15.5.2 Ouiet Eniovment. Tenant shall and may peacefully and quietly have, hold and enjoy the East Parking Pad hereby demised, for the Term, on the terms and subj ect to the conditions contained in this Lease. 15.6 Conditions Precedent: Suhordination and Attornment: Mort<ra"ee Protection. 15.6.1 Conditions Precedent. The effectiveness of this Lease is hereby conditioned, for the benefit of the Tenant only, upon the occurrence of each of the following: -18- 419586.2 001137.0001 15.6.1.1 the execution, acknowledgement and delivery to Tenant of a consent to this Lease, in a form reasonably acceptable to Tenant, from Master Landlord; and 15.6.1.2 the execution, acknowledgement and delivery to Tenant for recordation of a nondisturbance agreement reasonably acceptable to Tenant from each holder of an existing mortgage lien on the East Parking Pad; 15.6.1.3 at Tenant's cost, the issuance ofa leasehold title insurance policy in favor of Tenant insuring Tenant's interest under this Lease, and which shows that the nondisturbance agreements described in Section 15.6.1.2 above have been recorded and that there are no mortgage liens encumbering the Property for which the holder thereof has not executed, acknowledged, delivered and recorded a nondisturbance agreement acceptable to Tenant. 15.6.2 Subordination. Landlord's interest in all or any part of the Demised Premises may from time to time be subject to mortgages, deeds of trust or similar security interests (such security interests and all renewals, additions, modifications, consolidations, replacements and extensions of same being collectively referred to as, "Landlord's Mort!!a!!~"; and the holder or beneficiary of such security interest being referred to as ".Landlord's Lender"). Tenant shall, within fifteen (15) days after Landlord's written request therefor, execute, acknowledge and deliver a commercially reasonable Subordination, Non- Disturbance and Attornment Agreement ("SNDA"), and/or any and all other reasonable documents or reasonable instruments reasonably requested by Landlord or Landlord's Lender as necessary or proper to confirm the subordination of this Lease to any Landlord's Mortgage and/or to establish the terms of agreement between Tenant, Landlord and Landlord's Lender respecting the rights and obligations of Landlord's Lender and Tenant in the event that Landlord's Lender commences proceedings to foreclose Landlord's Mortgage or Landlord's Lender becomes the owner of Landlord's interest in the Demised Premises, and/or to provide for the subordination of this Lease to any Landlord's Mortgage (it being understood that any subordination must be coupled with a nondisturbance covenant by the applicable Landlord's Lender). Any such SNDA shall provide that Tenant's right to possession of the Demised Premises in accordance with the provisions of this Lease will be recognized and not disturbed upon a foreclosure by Landlord's Lender. Any such SNDA shall further provide a reasonable cure period to Landlord's Lender with respect to any default of Landlord hereunder, during which period Landlord's Lender may, but shall not be required to, cure Landlord's default. 15.6.3 Attornment. Tenant hereby attoms and agrees to attorn to any person or entity ("Person") purchasing or otherwise acquiring the Landlord's interest in the Demised Premises or any portion thereof at any sale or other proceeding or pursuant to the exercise of any rights, powers or remedies under any Landlord's Mortgage as if such Person had been named as Landlord herein, provided such Person shall recognize Tenant as tenant hereunder and not disturb Tenant's possession of the Demised Premises or interfere with any of Tenant's rights under this Lease or violate any of the restrictions on Landlord under this Lease or fail to comply with any ofthe obligations of Landlord under this Lease except in accordance with the provisions of this Lease. -19- 419586.2 001137.0001 15.6.4 Lender Rii:!hts. The provisions ofthis Lease do not limit the right of Landlord's Lender to foreclose or otherwise enforce Landlord's Mortgage, or the right of Landlord's Lender to pursue any remedies for the enforcement of any pledge or lien encumbering the Demised Premises; provided, however, that in the event of a foreclosure sale under any Landlord's Mortgage or other lien or encumbrance, or sale pursuant to any power of sale contained in any Landlord's Mortgage, the purchaser or purchasers and their successors and assigns, and the Demised Premises, shall be, and shall continue to be, subject to, and must comply with, all of the conditions, restrictions and covenants of this Lease and all documents and instruments recorded pursuant hereto. 15.6.5 Modification for Lender. If Landlord's Lender or a proposed Landlord's Lender shall request reasonable modifications in this Lease in connection with the exercise of its rights under its loan documents or as a condition to providing fmancing to Landlord, Tenant shall not unreasonably withhold, delay or defer its consent thereto and shall reasonably modify this Lease in accordance therewith, provided that such modification does not increase the monetary obligations of Tenant hereunder, adversely affect the leasehold interest hereby created, or decrease Tenant's rights hereunder. 15.6.6 Notice and Cure Rii:!hts. Whenever Tenant shall deliver a notice or demand to Landlord with respect to any breach or default by Landlord under this Lease, Tenant shall deliver a copy of such notice or demand to Landlord's Lender, provided Landlord's Lender has previously made a written request to Tenant for special notice hereunder and given its address for notices to Tenant. No notice of default to Landlord shall be effective against any Landlord's Lender unless given to Landlord's Lender as aforesaid. Landlord's Lender shall have the right, at Landlord's Lender's option, within thirty (30) days after receipt of the notice, to cure or remedy any such default and to add the cost thereof to the debt secured by the lien of its security interest. If such default shall be a default which can only be remedied or cured by Landlord's Lender upon obtaining possession of Landlord's interest in the East Parking Pad, Landlord's Lender shall seek to obtain possession of Landlord's interest in the East Parking Pad with diligence and continuity through a receiver or otherwise, and shall diligently remedy or cure such default within a reasonable period of time as necessary to remedy or cure such default of Landlord. 15.6.7 EstoDoel Certificate. Within ten (10) days after request by Landlord or Landlord's Lender, the party receiving the request shall execute and deliver to the other party, without charge, a certification (i) that there are no defaults by it under this Lease and, to its knowledge, there are no defaults by the other party under this Lease, or specifYing any such defaults, (ii) that this Lease has not been amended except as indicated, (iii) setting forth the date the Term commenced, (iv) such other reasonable information as may be reasonably requested. If a party fails to deliver such estoppel certificate in a timely manner, the other party may provide or prepare, execute a attorney-in-fact for the other party and rely on an estoppel based upon the information contained in its own files, which shall be binding upon the other party. Any such estoppel certificate may be conclusively relied upon by the other party, any prospective purchaser or encumbrancer of all or any part of the recipient's interest in the Demised Premises.e 15.7 Notices. Any notices which either party may desire to give to the other party under this Lease must be in writing and may be given either by (i) personal service, return -20- 419586.2 001137.0001 receipt requested or affidavit of personal delivery, (ii) delivery by a reputable document delivery service, such as, but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Notice addresses may be changed by giving notice of such change in the manner provided above. To Tenant: Redevelopment Agency of the City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To: Landlord: Towne Center Associates, LP c/o Forest City Development 949 South Hope Street #200 Los Angeles, CA 90015 Attention; Brian Jones With a copy to: Forest City Enterprises, Inc. 50 Public Square, Ste 1360 Cleveland,OH 44113-2204 Attention; General Counsel 15.8 Bindin!:! on Heirs and Successors. This Lease shall be binding on and enforceable by, and shall inure to the benefit of, Landlord and Tenant and their respective successors and assigns, subject to the provisions of Section 13. 15.9 Time of Essence. Time is expressly declared to be the essence ofthis Lease. 15.10 Memorandum of Lease. After the Agency Bonds are sold, Landlord and Tenant shall execute and acknowledge a memorandum ofthis Lease in the form of Exhibit "C". . which at either party's election shall be recorded in the Official Records of Riverside County. 15.11 Countemarts. This Lease may be executed in counterparts, all of which together shall constitute one and the same docnment. 15.12 Partial Invaliditv. Should any provision of this Lease be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of -21- 419586.2 001137.0001 this Lease shall remain in full force and effect unimpaired by the holding unless it is determined that such invalid provision was material to the formation of this Lease. 15.13 Intemretation. This Lease, the Acquisition Agreement and the Owner Participation Agreement constitute the sole and only agreement between Landlord and Tenant regarding the specific subject matter of this Lease. Landlord and Tenant are the sole parties to this Lease and no third party beneficiaries are intended. This Lease shall be construed under the laws of the State of California applicable to contracts to be performed solely within the State of California. 15.14 Tenant's Consents. Annrovals and Other Acts. Although Tenant is a governmental entity, none of Ten ant's consents, approvals or performance of obligations under this Lease shall constitute consents, approvals or acts in the Tenant's governmental capacity, but shall constitute consents, approvals and acts by Tenant in its proprietary capacity only. 15.15 Authoritv. Each party hereto represents and warrants to the other that it has take all appropriate and required action to duly authorize the execution and delivery of this Lease to the other party and that it has such authority. Each person signing this Lease on behalf of a party represents and warrants that he/she has the authority to enter into this Lease as a binding obligation ofthe party for whom he/she is acting. -22- 419586.2 001137.0001 15.16 Landlord Liabilitv. Landlord's liability arising from this Lease is solely limited to its interest in the Demised Premises. No officer, director, employee, partner, manager, representative, or agent of Landlord or their respective officers, directors, employees, partners, managers, representatives or agent shall have any personal liability arising from any default by Landlord under this Lease. Upon the sale or other transfer of Landlord's interest in the Demised Premises, Landlord shall have no liability or duties under this Lease 15.17 Liouidated Damages. NOTWITHSTANDING ANY CONTRARY PROVISION CONTAINED IN THIS LEASE, IF THE SALE OF THE EAST PARKING FACILITY IS NOT CONSUMMATED UNDER THE CONDITIONS DESCRIBED IN THE ACQUISITION AGREEMENT, THE OWNER PARTICIPATION AGREEMENT AND SECTION 3.2 HEREUNDER, THEN, FOLLOWING THE DELIVERY OF NOTICE OF DEFAULT AND EXPIRATION OF ANY APPLICABLE CURE PERIOD, LANDLORD'S SOLE AND EXCLUSIVE REMEDY (WHETHER AT LAW OR IN EQUITY) SHALL BE TO TERMINATE THIS LEASE AND RETAIN THE AMOUNTS RECEIVED BY TENANT ON ACCOUNT OF THE PURCHASE PRICE AS LIQUIDATED DAMAGES. IT IS EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES THAT SUCH AMOUNT IS A REASONABLE ESTIMATE OF THE EXTENT TO WHICH LANDLORD WOULD BE DAMAGED BY TENANT'S DEFAULT IN LIGHT OF THE DIFFICULTY AND COST OF DETERMINING LANDLORD'S ACTUAL DAMAGES AS A RESULT OF SUCH DEFAULT BY TENANT. SUCH AMOUNT SHALL BE THE FULL, AGREED AND LIQUIDATED DAMAGES OF LANDLORD FOR THE BREACH OF THIS LEASE BY TENANT UNDER THE CONDITIONS DESCRIBED IN THE ACQUISITION AGREEMENT, THE OWNER PARTICIPATION AGREEMENT AND SECTION 3.2. ALL OTHER CLAIMS TO DAMAGES OR OTHER REMEDIES BEING HEREIN EXPRESSLY WAIVED BY LANDLORD. LANDLORD AND TENANT HEREBY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 3389. LANDLORD AND TENANT HAVE PLACED THEIR INITIALS IN THE SPACE PROVIDED BELOW TO INDICATE THAT THEY HAVE READ, UNDERSTOOD AND AGREED TO THIS LIQUIDATED DAMAGES PROVISION. Landlord's Initials Tenant's Initials (signatures begin on next page) -23- 419586.2 001137.0001 IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease as ofthe date first above written. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Maryann Edwards Chair ATTEST: Susan W. Jones, MMC City Clerk!Agency Secretary APPROVED AS TO FORM: Peter M. Thorson Agency General Counsel -24- 419586.2 001137.0001 F. C. TEMECULA, INC., a California corporation By: Name: Title: -25- 419586.2 001137.0001 [legal description for the Mall] 419586.2 001137.0001 EXHIBIT "A" DESCRIPTION OF SITE (Attached) A-I GROUND SUBLEASE EXHIBIT A Description of Site Real property In the CIty ofTemecula, County of Riverside, State of CaJlrorola, described as follows: PARCEL 1: THAT CERTAIN PARCEL OF LANP 5rT1.1ATED IN THE C11Y OF TEMECULA, COUNlY OF RIVERSWE, Sl'ATE OF CAUFORNlA, BEING PARCEL "B' OF LOT UNE ADJUSTMENT NO. PA 01. 0304 RECORDED JULY 20, 2001 MJ INSTRUMENT NO. 2001-336210 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNlY RECORDER OF SAID RIVERSIDE COUNTY, TOGIITHER WITH THAT POl\TION OF PARCEl.. 3 OF SAID PARCEL MAP NO. 26530-1 FILED IN BOOK 1S2, PAGES 38 THROUGH 46 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAW RlVERSIOE COUNlY, DESCRIBED MJ FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 3; THENCE ALONG THE EASTERLY UNE OF SAID PARCEL SOUTH 28'13'46" WEST 51.55 FEIIT; THENCE NORTH 15'46'1'1" We;r 37,87 FEET; THENCE NORTH 19"00'23" EAST 62:47 FEETTO SAID EASTERLY UNE OF PARCEL 3; THENCE ALONG SAID EASTERLY UNE SO\.ITIlI6~45'14" EAST 52.03 FEET TO THE POINT OF BEGINNING, NOTE: SAID LAND IS DESCRIBED AND DEUNEATED AS PARCEL B IN THAT CERTAIN NOTICE OF LOT UNE ADJUSTMENT PA02-0179 RECORDED JUNE 27, 2002 i'S INSTRUMENT NO. 352211 OF OFFICIAL RECORDS. PARCEL 2: EASEMENTS FOR INGRESS, EGRESS, ACCESS TO' AND FROM PUBUC STREIITS, PASSAGE AND PARKING OF VEHICLES, ANO ACCOMMODATION OF PEDESTRIANS, UNDERGROUND llT1llT1ES, ETC., MJ MORE FULLY DEFINED AND SlIT FORTH IN THAT DOCUMENT DAiED JULY 2~, 1998 ErmTLED "THE PROMENADE IN TEMECULA VALLEY CONSTRUCTION, OPERATION AND REClPROCAL EASEMEtrr AGREEMENT" BY AND 'AMONG iEMlSCULA TOWNE CENTER ASSOCIATES, L.P., A CAUFORNIA UMrreD PARTNERSHIP, THE MAY DEPARTMENT STORES COMPANY, A NEW YORK CORPORATION, AND SEARS, ROEBUCK AND CO., A NEW YORK CORPORATION, AND J.C. PENNEY PROPERTIES, INC., DELAWARE CORPORATION,RECORDED JULY 24, 1998 AS INSTRUMEtrr NO. 307157 OF OFFICIAL ~CORDS. PARCEL 3: EASEMENTS FOR CONSTRUCTION, MAINTENANCE AND REPAIR OF ROADWAY AND UTIurv FAClllTlESl FOP. CONSTRUcnON AND MAINTENANCE OF PERIPHERAL SlDE:WALKS ALONG ACCESS ROADS; INSTALLATION, IRRIGATION AND MAINTENANCE OF LANDSCAPED AREAS ALONG RING ROADS; PEDESTRIAN INGRESS AND EGRESS ACROSS PERIPHERAL 5l0lSWALKS; UNDERGROUND llT1l.ITY CONNECTION OveR PERIPHERAL PARCELS, ETC., AS MORE FULLY DEFINED AND SlIT fORTH IN THAT DOCUMENT DATED JULY 2.3,1998 EN11TLED "DECLARATION ' OF f\ESTR!crlONS AND GRANT OF EASEMENTS BY AND BETWEEN TEMECULA TOWNE CENTER ASSOc:J:ATES, L.P., A CAUFDRNIA UMITED PARrNEf\SHIP, AND TEMECULA OllTPARCELS DEVEl.OPEf\S, INC., A CAUPORNIA CORPORATION, RECORDED JULY <4, 1998 MJ INSTRUMENT NO. 307158 OF OFFICIAL RECORDS. PARCa4: EASEMENTS FOR S"l"REET UGHTS, COMMUNICATION CONDUIiS AND STRUCTURES FOR TELEPHONE AND CABLE TV, AND NAlURAL GAS UNES IN, OVER AND ACROSS AND ALONG THATCfRTAlN REAL PRvro" , , DESCRIBED MJ FOLLOWS: . . THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CAUI'ORNIA, BEING 1lIOSE rv,,",vNS OF LOTS 117 AND 140 AND APIUCOt mEIIT AS SHOWN ON A MAP OF 1lIE TEMECULA LAND AND WATER COMPANY FILED IN BOOKB PAGE 359, Of MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CAUFORNIA, TOGElliER WITH THOSE PORTIONS OF LOTS 4, 5 AND 6 OF TRACT NO. 3334, AS SHOWN ON A MAP THEREOF FIU!D IN BOOK 54 PAGES Z5 THROUGH 3D, OF MAPS, IN TI;IE OFFICE OF THE COUNTY RECORDER OF SAID RIVERSIDE COUNTY, INCWDED WmUN PARCELS A, B, F, G AND H OF I.OT UNE ADJUSTMENT NO. FA 95-0111 RECOl\DED DECEMBER 15, 1995 AS INSTRUMENT NO, 416771 OF OFfICIAL RECORDS IN SAW .OFFICE OF THE RIVERSIDE COUNTY RECORDER; DESCRlBED MJ A 34.00 FOOT WIDE STRIP OF LAND ABlIT11I'lG AND LYING TO THE RIGHT Of THE FOLLOWING DESCRIBED UNE: . , BEGINNING AT THE NORTHEASTERLY TERMINUS OF COURSE NUMBER:l2 (BEING NOR1lI 2B013'35" EAST 79.65 FEET) AS SHOWN ON SHEfT 5 OF PARCEL MAP NO. 2BS3D-UIl.ED IN BOOK 192 PAGE(S) 3B THROUGH 46, INCWSlVE, OF PARCEL MAPS, IN SAlD OFFICE OF THE RIVERSIDE COUI'lTY RECORDEIl, SAID POINT BEING ON THE CENTER UNE OF A "PRIVATE STREET" EASEMENT" AS SHOWN ON WD PARCEL MAP; "ll1ENCE FOLLOWING ALONG SJIlP aENJER UNE OF THE "PRIVATE STREET EASEMENT THROUGH THE FOLLOWING COURSES: SOUTH 61046'24" EAST 237.25 FEETTO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERI.Y AND HAYING A RADIUS OF 387.00 FEIIT; THENCE ALONG SAID CURVE SOUTHEASTER~Y 1'17.90 FEET THROUGH A CENTRAl ANGLE OF 21053'47"; THENCe TANGENT FROM SAUl CURVE SOUTH 83040'11" EAST 87.52 FEET TO THE BEG1NNrNG OF A TANGENT CURVE CONCAVE NORTHERLY A['ID HAYING A RADIUS OF '1113.00 FEET; THENCE ALONG SAID CURVE EASTEIU.Y 129.55 FEET "THROUGH A CEtITRA~ ANGlE OF 18"25'OS"; "!liENCE TANGENT FROM SAID CURVE NORTH 77"54'41" EAl>"'1~.92 FEET TO THE BEGINNING OF A TANGENT CUR~ CONCAve NORTHWESTERLY AND HAVING II RADIUS Of 278.00 FEET; ~CE ALONG SAUl CURVE NORTHEASTERLY 144.02 FEET THROUGH A CENTRAL ANGLE OF 29"'111'55"; THENCE TANGENT FROM SAID CURVE NOfOH 48"13'46" EAST 1151.97 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 276.00 FEET; THENCE ALONG SAID CURVE NORTHEASTERLY 133.66 FEET THROUGH A CENTRAL AN OF 27033'04"; THENCE TANGENT FROM SAW CURVE NORTH 20"40'42" EAST 39.14 FEIITTO THE BEGIN,NING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 355.00 FEET; THENCE A~ONG sAID CURVE NORTHERLY 157.00 FEIIT THROUGH A CEI'ITRAL ANGLE OF 24034'37"; THENCE TANGENT FROM SAID CURVE NORTH 03053'55" WIEST 162.67 PEETTOTHE BEGINNING OF A TANGENT CURVE CONCAVE SOIJTHWES"TERLY AND HAVING A RADIUS OF 326.00 FEIIT; THENCE ALONG'SAlD CURVE NORTHWESTERLY 21M2 FEET :rHROUGH A CeNTRAL ANGLE Of 37"52'29"; THENCE TANGeNT FROM SAID CURve NORTH 41045'24" WEST 691,91 FEIITTO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAYING A RADIUS OF 478.00 FEET; THENCE Al.ONG SAID CURVE WESTERLY 455.32 FEET THRDUGH A CENTRAL ANGLE OF 55"46'35" TO THE INTERSECTION WITH COURSE NUMBER 5 (BEING NORTH 07"32'59" WEST 157.54 FEeT AS SHOWN ON SHEIIT 7 OF SAID PARCEL MAP NO, 28530-1; . E~CEP11N\l THEREFROM THAT rv,,"' Nil INCLUDED WliHm SAID PARCEL MAP NO, 2B530.1. 2 PARCE1.5; AN r:ASEMENT AND RIGHT OF WAY TO CONSTRUCT, USE, MAINTAIN, REPAIR AND REPLACE LANDSCAPING AND IRRIGATION sYSTEMS IN, oveR, ACROSS AND ALONG lliAT CERTAIN Rr:AL PROpeRlY DeSCRJIlED AS FOU()WS: THOSE CERTAIN PARCElS OF LAND STTlJATED IN THE cm OF TEMEctJLA, COUNTY OF RIVERSIDE, STATE OF CAUFORNIA, ~E1NG THose PORTIONS OF LOTS 115, 117 AND 140 AS SHOWN ON A MAP OF THe n:MeCULA LAND AND WATER COMPANY FILED IN !lOOK a PAGe 359, OF MAPS, IN THe COUNTY RECORDER OF SAN DIEGO COUNTY, CAUFORNIA, TOGImIER WrTH THose PORllONS 01' LOT 4 OF TRACT NO. 3334 FILeD IN BOOK 54 PAGES 25 11iROUGH 30, OF Mill'S, IN 11iE OFFICE OF THE COIJNTY ReCORDER OF SAID IUVERSIDe COUNTY, INCLlIOeD WITHIN PARCELS A, BAND H OF LOT UNe APJUSTMENTNO. PA 95-0111 RFCORDEO DeCEMBER 15', 1995 AS INSJRUMEffl" NO. 416771 OF OFFICIAL RECORDS IN SAID OFFIce OF-11ie RIVERSIDE COUNTY RECORDER, DESCRIBED AS FOLlOWS: PARCEL 5'A: COMMENCING AT THE CENTER UNE INTERSECTION OF WINCHESTER ROAP AND YNEZ ROAD AS SHOWN ON A MAP fiLED IN BooK 96 FAGE 51, 01' Il.ECORD OF sUIl.VEY, IN. SAID OfFICE OF lliE RlVERSIPE COUNTY RECORDER; THENCE ALONG SAID CENTER UNE OF YNEZ ROAD SOUTH 41059'55" fAST 1166.59 FEIITTO THe BEGINNING OF A TANGENT CURVE THEREIN CONCAVE SOlJTHWESTERLY AND HAVING A RADIUS OF 1200.00 FEET: THENCE CONTINUING ALONG SAID CENTER LINe, ALONG SAID CURVE SOUTHEASTERLY 2,4.01 FEET THROUGH A CENTRAL ANGLE OF 12007'41"; THENCE AADIALLY FROM SAID CURVE NORTH 60"07'46" EAST 102.01 FEET; THeNCE SOUTH 29052'14" r:AST37.00 TO THe TRue POlffl" OF BEGINNING. . THENCE NORTH 60007'46" EAST 114.49 FElITTO THE BEGINNING OF A TANGeNT CURVE CONCAVE NORTHWESTERLY AND HAVlNG A RADIUS OF 267.00 FEET; 11iENCE ALONG SAID CURVe NOR11iEASTERLY 1S9.80 FeET THROUGH A CIifffiW. ANGLE OF 31'S4'10"; THE:NCE TANGeNT FROM SAID ClJRVe NORTH 26'13'36" fAST 22.65 FelITTO 'THE BeGINNING OF A TANGfNT ClJRVE CONCAVE soUTHeRLY AND HAVING A RADIUS OF 35.00 FEET; rHE:NCE, ALONG SAW CURve EASTERLY 5'4.9B FelITTHROUGH A CEN'rRAL ANGLE OF 90000'00"; 1liENCE RADIALLY FROM SAID CUR~ SOUTH 26013'36" wesr 20.00 FEET TO A CURve CONCeNTRIC Wffii LAST SAID CURVE: AND BEING CONCAVE SOUTHERLY AND HAVING A RAOIUS OF 15.00 FEET; ,HENCE ALONG SAID CURVE WESTERLY 23.56 FEIIT11iROUGH A CE]'(TRAL ANGLE OF 90'00'00"; THeNCE TANGENT FROM SAID CURVE SOlffif 26'13'36" WEST 22.65 FeET TO THE BEGINNING OF A TANGENT OJRVE CONCAVE NORiHWsrew.Y AND HAVlNG A RADIUS OF 307.00 FEET; 11iENCE ALONG SAID CURVE SOUTHWESTERLY 170.94 FEET THROUGH A CENTRAL ANGLE OF 31'54'10'; THENCE'TANGl!NTFROM SAID CURVE SOUTH 60007'''16" WEST 96.67 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE . NOR'THWESTERlY AND HAVING A RADIUS OF "15.00 FElIT, A RADIAL UNE OF SAID CURVE FROM SAID POINT IlEARS50UTH 77'15'11" WEST, 'THENCE ALONG SAID CURVE SOUTHWESTERLY 6B.19 FElITTHROUGH A CENTRAL ANGLE 01' 86'49'00" TO A POINT ON A CURVE IN 111e NORTHCASTERL Y UNE OF SAlD YNEZ ROAD CONCeNTRIC WITH SAID CURVE IN 'THE CENTt:R LINE OF YNez ROAD AND HAVING A RADIUS OF 1267.00 FEET, A MOlAL UNE: OF SAID CURVE FROM SAID POINT BEARS SOlfTH 64"05'10" WEST; ,HENCE ALONG SAlD CURVE NORTHWESTERLY 43.26 FElIT THROUGH A CENTML ANGLE OF 01057'26" 111E:NCE NON- TANGENT FROM SAIO CURVE NOR11i 61'''16'56" EAST' 1"1.00 FElITTO II POINT ON A NON. TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 35.00 FE:lIT, A RADIAL UNE OF SAID ctJRVE FROM SAID POINT BEARS SOUnt 66022'12" EAST; iHENCE ALONG SAID CURVE NORTHEASTERLY 23.52 FeET THROUGH A CENTRAl ANGLE' OF 36'29'56" TO THE TRUE: FOINT OF BEGINNING. . PARCEL 58: 3 , COMMENCING AT THE CErmR UNE INTCRSECTlON OF MARGARITA ROAD (110,00 FEET WIDE) Willi NORTH GENERAL KEARNY ROAD (66.00 FEET WIDE) AS DESCRIBED IN PARCEL 2 OF AN EASEMENT DEED RECORDCD AUGUST 18, 1992 AS INSTRUMENT NO 305606 flF OFFIC1AL RECORDS, IN SAID OFFICE OF THE RIVERSIDE COUN1Y RECORDER, SAlD POINT BEING ON A CURVE IN SAID CENTER UNE OF MARGARlTA ROAD CONCAVE WESTERLY AND HAVING A RADIUS OF 2000.00 FEET, A RADIAL UNE OF SAID CURVE FROM SAlD POINT BEARS NORTH 80'29'27" WEST; THENCE .. ALONG THE NORTHWeSTERLY PROLONGATION OF SAID CENTER UNE OF NORTH GENERAL KEARNY ROAD NORTH B0"29'27" WEST 79.35 /'fET; THENCE SOUTH 09!30'33' WEST 37.00 FEl!T TO THE TRUE POINT OF BEGINNING; THENCE NORTH 80'29'27" WEST 198.45 FEl!T TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 463.00 FEET; THENCE ALONG SAm CURVE WESTeRLY 106,34 FEET THROUGH A CENTRAl. ANGLE OF 13'24'21', THENCE TANGENT FROM SAID CURVE SOUTH 85'05'05" WEST 39.37 FEET TO .HE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 35.00 FEET, l1iENCE ALONG SAID CURVE SOUTHWESTeRLY 54.98 FEETTHI\OUGH A CENTAAL ANGLE OF 90'00'00"; THENCe RADIAI.l.Y FROM SAlD CURVE NORTH 8'6'06'05' EAsr 10.00 Fl!ETTO A CORve CONCENTRIC WITH LASTSAlD CURve AND BEING CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET; THeNCE ALONG SAID CURVE NORTHEASTeRLY 39.27 FEET THROUGH A CENTRAL ANGLE OF 90'00'00"; THeNCE TANGENT FROM SAID CURVE NORTH 86"06'05" EAST 39.37 FElrr TO THe BeGINNING OF A TANGeNT CURve CONCAve SOUTHeRLY AND HAVING A RADIUS OF 453,00 FEET; THENCE ALONG SAID CURVE EASTERLY 105,00 fEETTHRDUGH A CENTRALANG\.E OF 13'24'27"; THENCE TANGeNT FROM SAID CURVE SOUTH 80'29'27' EAST 118.60 FEETTO A POINT ON A NONTANGENT CURVE CONCAVE NORTHEASreRLY AND HAVING A RADIUS OF 40.00 FeET, A RADIAL UNE OF SAlD CURve FROM SAID POINT BEARS SOUTH 65"30'50" EAST; THeNCE ALONG SAID .CURVE SOUTHEASTERLY 76,41 FEET THROUGH A CENTRAL ANGLE OF, 109'27'26" TO A POIN"l' ON A CURVE IN THE WESTERLY UNE OF SAID MARGARITA ROAD CONCEr>ITRlC WITH SAID CURVE IN THE CEmR UNE OF MARGARITA ROAD AN.D HAVINCi A RADIUS OF 1945.00 FEET, A RADIAL UNE Of' SAlD CURVE FROM SAm POINT BeARS NORTH 77'37'34' WEST; THENCE AlONG SAID . CURVE AND WESTERlY UNE NORTHERLY so.n FEET TO A POINT ON A NONTANGENT CURVE CONCAVl; SOUTHweSTERLY AND HAVING A RADIUS 01' 35,00 FEET, A RADIAL UNE OF SAlD CURve FROM SAID POINT BEARS SOIJTH 52'20'47" WEST, T1iENCE ALONG SAID CURVE WESTERLY 25.17 FEET iliROUGH A CENTAAL ANGLE OF 42'50'14" TO THE 1RUE POINT OF BEGINNING. PARCEL 5C: COMMENCING AT THE CENTER UNE IrmRSECTlON OF MARGARlTA ROAD (110.00 FEET WIDE) Willi NORTH GENERAL KEARNY ROAD (BB.OO FEET WIDE) AS DESCRI6ED IN PARceL 2 OF AN EASEMENT DEED REw""~" AUGUST 18, 1992 AS IN$1RUMENT NO. 305605 OF OFFICIAL RECORDS IN SAID OFFICE OF THE RweRSlDE COUNlY RECORDER, SAID POINT BEING ON A CORVE IN SAlO CENTER UNE Of' MARGARlTA ROAD CONCAVE WJ:STERLY AND HAVING A RADIUS OF 200,0.00 FEET, A RADIAL UNE OF SAID CURVE FROM SAID POINT BEARS NORTH 80'29'27" WEST; THENCE ALONG THE NORTHWESTERLY PROLONGATION OF SAID CENTER UNE OF NORTH GENERAL KEAANY ROAD NORlH BO'29'27" WEST 79.35 FEET; THENCE NORTH 09'30'33" eAsr 37.00 FEET TO THE TRUE POINT OF BEGINNING; tHENCE NORTH 60"29'27" WEST 196.45 FEET TO THE BeGINNING OF A TANGENT WRVE CONCAVE SOUTHERLY AN~ HAVING A RADIUs OF 537.00 FEET; THENCE ALONG SAID CURVE WESTERLY 125.55 FCET THROUGH A CENTAAL ANGLE OF 13'24'28"; THENCE TANGeNT FROM SAlD CURve SOUTH 86'05'05" WEST 39.40 FeET TO THE 8EGINNING OF A TANGENT CURVE CONCAVE . NORTHEASTERLY AND HAVING A RADIUS OF 35,00 FeET; THENce ALONG SAlD CURVE NORTHWESTERLY 54.55 fEET THROUGH A CENTRAL ANGLE OP B9'18'24' THENCE RADIAllY FROM SAlD CURVE NORTH 85'24'29" EAST 20.00 PEET TO A CURVE CONCENTRIC WITH LAST SAID CURVE AND BEING CONCAve NORTHEASTERLY AMO..HAVING A RADI\JS Of' 15.00 peET, 4 , THeNCe ALONG SAID CURVE SOl1THeASTERLY 23.~6 Fm"THROVGH A CENTRAL ANGL!; OF 89016'24'; 'THl'NCE TANGeW FROM SAID CURVE NORTH 1lQ'06'05" CAST 39.40 FEET TO 'THE BEGINNING Of A TANGEW CURVE CONCAve SPl!THERLY AND HAVING A RADIUS OF 557.00 !'fET, THENCE' ALONG SAID CURVE EASTERLY 130.3~ FElITTHROUGH A CENTRAL ANGLE OF 13'24'27"; THENCE TANGEW FROM SAID CURve SOUTH 60"29'27" eAST 177.02 FEET TO A POlNT ON A NON-TANGENT CURVE CONCAVE SOUTHeASTERLY ANti HAVING A RADIUS OF 50.00 FEET, A RADlAL UNE OF SAID CURVE FROM SAID POINT BCAR5 SQUTH 71'04'27" EAST; THENCE ALONG SAID CURve NOR'THCArnRl. Y 64.27 FEET THROUGH A CENTRAL ANGLE OF 73'3S'55" TO A POINT ON A CURVE IN THE WESTERLY UNE OF SAlD MARGARITA ROAD CONCENTRIC WITH SAID CURVE IN 'THE CENTER UNE OF MARGARITA ROAP AND HAVING A RADIUS OF 1945.00 FEET, A RADlAL UNE OF SAIO CURVE FROM SAID POINT BEARS NORTH 63'23'33" WEST! :THENCE AI.ONG SAID CURVE SOUTHERLY 52.16 I'm THROUGH A CENTRAL ANGLE OF 01'3~1l' TO A PDlIIT ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS' OF 35.00 I'm, A RADIAL UNE OF SAID CURve FROM SAID POINT BEARS NOR1tI33'19'41" WESr; 'THENC. ALONG SAID CURVE weSTJ:Rl.Y 26,17 FEETTHROIJGH A CENTRAL ANGLE OF 42"50'14" TO THE TRUE POINT OF BEGINNING. PARCEL 50: COMMENCING AT THE CENTER UNE INTERSECTlON OF YNi:Z ROAD WITH WINCHESTER ROAD AS SHOWN ON A MAP FILED IN BOOK 96 PAGES 69 TliROUGH 75, OF RECORD OF SURVEY IN SAID OFFICE OF THE IUVERSlDE COUNTY RECORDER; 'THENCE ALONG SAID CENTER UNE OF WINCHESTER ROAD NORTH 46'07'30" EAST 2276.56 FEET TO 'THE BEGINNING OF A TANGENT CURVE THEREIN CONCAve SOUTHEASTERLY AND HAVING A RADIUS OF 2000.00 FEET; THENCE CONllNUING ALONG SAID cENTER UNE, ALONG SAID CURVE NOR'THEAPTERLY 110.96 FEETTHROUGH A CEWRALANGLE OF 03'10'46"; THENCE RADlAU.Y FROM SAID CURVE SOUTH 36"41 'J6' CAST 91.59 FEET; THENCE NORTH 51'16'22" EASr 43.00 FeET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 36"41'36" EAST 66.74 !'fEfTO THE BeGINNING OF A TANGENT CURV.E CONCAVE EASTERLY AND HAVING A RADIUS OF 293.00 FEET; TliENCE ALONG SAID CURVE SOUTHERLY 159.27 FEET 'THROUGH A CENTRAL ANGLE OF 31"08'39"; THENCE TANGENT FROM SAID CURVE SOUTH 07.32'59" EAST 64.26 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE-NORTHEASTEIlLY AND HAVING A RADIUS OF 35,00 FEn; 'THENCE ALoNG SAIO CURVE SO\l'THEASTERl. Y 49.86 FEET'THROUGH A CEI'ITRAL ANGLE OF Bl"37'0~"; 'THENCE RADIA1.I,Y FROM SAlD CURVE NORTH 00.50'01" EAST 20,00 FEET TO A CURVE CONCENTRlC wmi lAST SAID OJRve AND BEING CONCAve NORTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE ALONG SAID ' . NORTHWESTERLY 21.37 FEET 'THROUGH A CENTRAL ANGLE OF 61"37'00'; 'THeNCE TANGENT FROM SAID CURVE NGRTli 07"32'59" WEST 64.26 FEET TO THE BEGINNING OF A TANGENT CURve CONCWEWESTERLY AND HAVING A RADIUS OF 313,00 FEET; THENCE ALONG SAID CUR.VENOR'THERLY 170.14 FEET 'THROUGH A CENTRAL ANGLE OF 31.06'39', 'THENCE TANGEtO" FROM SAID CURVE NORTH 36"41'36' WEST 31.49 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE WESTER!.Y AND HAVING A RADIUS OF 70.00 Fm, A RADIAL UNE OF SAID CliRVE FROM SAID POINT BCARS NORTH 54"51'24" WEST; THENCE ALONG SAID CURVE NOR'THEAsreRl. Y 81.50 FElIT THROUGH A CENTRAl. ANGLE OF 66.42'04" TO A POINT ON A CURVE IN THE SOUTHEASTERLY UN!! OF SAID WINCHESTER ROAD CONCENTRIC WIm SAiD CURVE IN' THE CENlER UNE OF WINCHESTER. ROAD AND HAVING A AADIUS OF 1933.00 FEET, A RADIAL UN!: OF SAID CURVE FROM SAID POINT BEARS 50UTH 35"20'36" EASr, THENCE ALONG SAID CURve AND SOUTHEASTERLY UNE SOllTHWErnRLY 60.62 FEET THROUGH A CENTRAL ANGLE OF 01'47'46"TO A POiNt ON A NON-TANGENT CURVE CONCAVE eASTERLY AND HAVING A RADIUS OF 35.00 FEET, A RADlAl..UNE OF SAID CURVE FROM SAID POINT BEARS SOUTH 65"39'56" EAST; THENCE ALONG SAID cuRVE SOUll-IERl.Y 26.28 FEET T.HROUGH A CENTRAL ANGLE OF 43.01'42" TO 'THE TRUE POINT OF 6EGINNING. PARCEL 6; EASEMENTS FOR A PERMANENT ROAD FOR 'THE PURPOSE OF INGRESS AND EGRESS AND FOR PERMANENT LANDSCAPING AND ACCESS ALONG THE R0AO EASEMENT, AS SET FORTH IN 5 , . THAT CfRrAIN EASEMENT AGREEMENT DAttD JULY 13, 19~B, AND REc;oRDED JulY 2~, 19~B AS INSTRUMENT NOS. 3071~8, 307149 AND 3ansa Of aFFlCIAL RECORDS. PARCEL 7: PARCEL 1~ Of PARceL MAP NO. 2B530-2 FILED IN BOOK 193, PAGES 11 THROUGH 14 OF PARCEL MAPS IN THE amce OF 'THE RIVERSIDE COUNlY RECORDER.. APN: 910-~20-oaS-S and 910-420-007-7 and ~10-420-o0B.8, ~1O-470-012.6 and 910-420-10-9 6 EXHIBIT "B" DESCRIPTION OF EAST PARKING PAD (Attached) B-1 419586.2 001137.0001 ,. GROUND SUBLEASE EXHIBIT B - DEPICTION OF EAST PARKING PAD EAST PARKING (Attached) 419586.2 001137.0001 EXHIBIT "C" FORM OF MEMORANDUM OF GROUND LEASE C-l RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Susan Jones, MMC City Clerk! Agency Secretary Redevelopment Agency of the City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589 [Space Above For Recorder's Use Only] The undersigned Landlord declares that this Memorandnm of Ground Lease is exempt from Recording Fees pursuant to California Government Code Section 27383 and is exempt from documentary transfer taxes as a conveyance to a public entity. MEMORANDUM OF GROUND LEASE THIS MEMORANDUM OF GROUND LEASE (this "Memorandum") is dated as of . 2007 and is entered into by and between F.C. TEMECULA, INC., a California corporation ("Landlord") and the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Tenant"). RECIT ALS A. Landlord and Tenant executed that certain Ground Lease dated as of 2007 (the "Lease") affecting the land described on Exhibit "A" (the "East Parking Pad"). B. The East Parking Pad is located on and a part of the property described on Exhibit "B", the "Affected Land". C. Landlord and Tenant now desire to record this Memorandum in order to, among other things, give constructive notice of the existence ofthe Lease, and permit the Tenant to obtain title insurance. C-2 419586.2 001137.0001 AGREEMENT NOW, THEREFORE, in consideration ofthe foregoing recitals, and the covenants and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows: 1. Ground Lease. Landlord has leased the East Parking Pad to Tenant, and Tenant has leased the East Parking Pad from Landlord, upon and subject to the terms and conditions set forth in the Lease. The Lease is hereby incorporated herein by this reference. 2. Term. The term of this Lease (the "Term") shall commence on and continue until unless sooner terminated upon the terms set forth in the Lease. 3. Tenant's Ri!:!hts Limited. Tenant has no right to encumber all or any part of its interest in the East Parking Pad or any improvements located thereon or any rights it may have arising from the Ground Lease without the prior written consent of Landlord and any such action in violation hereof shall be null and void. Tenant has no right to assign or sublease its interest in the Lease except in accordance with the provisions of the Lease. / I! / I! I! C-3 419586.2 001137.0001 IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment as of the date and year first above written. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Shawn D. Nelson Executive Director ATTEST: Susan W. Jones, MMC City Clerk! Agency Secretary APPROVED AS TO FORM: Peter M. Thorson Agency General Counsel C-4 419586.2 001137.0001 F. C. TEMECULA, INC., a California corporation By: Name: Title: C-5 419586.2 001137.0001 EXHIBIT A TO MEMORANDUM DESCRIPTION OF LAND (Attached) C-6 419586.2 001137.0001 EXHmIT B TO MEMORANDUM DESCRIPTION OF EAST PARKING PAD (Attached) C-7 419586.2 001137.0001 STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) On ,2007, before me, ,a Notary Public in and for the State of California, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her siguature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for the State of California (SEAL) STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) On ,2007, before me, ,a Notary Public in and for the State of California, personally appeared . personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for the State of California (SEAL) C-8 419586.2 001137.0001 EXHIBIT "D" - RULES AND REGULATIONS The rules and regulations established pursuant to the COREA as amended from time to time provided no amendment shall be enforced against the Demised Premises which prohibits the public parking use ofthe Demised Premises. Landlord shall identify and present to Tenant, copies ofthose portions of the rules and regulations established pursuant to the COREA affecting parking regulation and maintenance with respect to the Demised Premises. D-l 419586.2 001137.0001 PROMENADE MALL RING ROAD ENHANCEMENT AGREEMENT This Promenade Mall Ring Road Enhancement Agreement ("Agreement") is dated as of July 24,2007, and is entered into by and between the City of Temecula ("City"), a general law city in the State of California and Temecula Towne Center Associates, L.P., a California limited partnership ("Developer"). In consideration of the mutual promises contained herein, the parties agree as follows: 1. Recitals. Each of the parties agrees that this Agreement is made with respect to the following facts and purposes which each agree are true and correct: A. Developer is the owner of a portion of the Temecula Promenade Mall (the "Promeoade Mall") that is located on approximately 78 acres in the City and is depicted on Exhibit A, Depiction of the Properties ("Mall Prooertv"). B. On February 21,2007, the Planning Commission of the City of Temecula adopted Resolution No. 07-10 approving P A06-293 and P A06-197 consisting of approval of a 126,000 square foot expansion ofthe Promenade Mall in the area between Macy's and the theaters as well as two parking structures, all of which are shown on Exhibit A attached hereto ("Mall Exoansion"). C. "East Parkin!! Facilitv" means the public parking structure that will be constructed by Developer to accommodate a minimum of 936 public parking spaces as described in more detail in Planning Application No. 06-293 (Development Plan and Conditional Use Permit) approved by Resolution No. 07-10 ofthe Planning Commission of the City on February 21, 2007. The East Parking Facility will be generally located adjacent to the Promenade Mall between Macy's and Edwards Cinemas and across the Ring Road from the Bel Villaggio Property. D. Agency, Developer and F.C. Temecula, Inc. are parties to that certain Owner Participation Agreement, dated as of July 24, 2007 (the "OP A"). Capitalized terms not otherwise defined herein shall have the meanings assigned to such terms in the OP A. E. The Redevelopment Agency of the City (the "A!!enc~"), will purchase the East Parking Facility and the Developer or its affiliate will construct the East Parking Facility all in accordance with the terms of the OP A and an Acquisition Agreement to be entered into between the Agency and the Developer. F. There is a private road that surrounds the Mall Property and provides access to the Promenade Mall buildings and various parcels around the Mall Property ("Rinl! Road"). The Ring Road is shown on Exhibit B attached hereto, Depiction of Ring Road. G. The parties desire the Ring Road to be enhanced so as to improve access to the buildings on the Mall Property, improve access to various properties around the Mall Property and to make it easier for the public to use the Ring Road. It is, therefore, in the best July 12, 2007 1 interests ofthe City and Developer to provide for the Ring Road enhancement work as provided in this Agreement. 2. Ring Road Plannin!!, A. Developer shall prepare plans for enhancement of the Ring Road which will include the following: (1) reconfiguration of certain traffic lanes; (2) upgrades to traffic signage and street markings; (3) closure and control of selected parking isles along the Ring Road; (4) coordination of Ring Road traffic signals ("Rin!! Road Traffic Si!!nals") with public street signals; (5) enhancements to the pedestrian crossings along portions of the Ring Road; and (6) upgrades to access points for certain surrounding properties (as amended or modified from time to time in accordance with this Agreement, the "Rin!! Road Enhancement Plan" and the work described therein being referred the herein as the "Rin!! Road Imorovements"). B. The City and Developer acknowledge and agree that completion of the Ring Road Improvements are of major importance to the City and that the Ring Road Improvements will significantly benefit the Ring Road Parties. City and Developer, however, further acknowledge and agree that proceeding with the Ring Road Improvements will take time and will involve complex negotiations with many parties in order to obtain agreement on the Ring Road Enhancement Plan satisfactory to the City, Developer and the Ring Road Parties. The City and Developer shall work diligently and in good faith in the preparation and negotiation ofthe Ring Road Enhancement Plan. In the event the Ring Road Parties do not approve the Ring Road Enhancement Plan as presented to them, the City agrees, on a best efforts basis, to work with Developer and Ring Road Parties in order to make such necessary modifications to the Ring Road Enhancement Plan (including but not limited to the alteration of proposed work because a party has made unreasonable demands or been uncooperative to the point of delaying the submission of proposed plans) to reasonably address the concerns of the Developer and Ring Road Parties so that an acceptable Ring Road Enhancement Plan can be approved by the City, Developer and Ring Road Parties. C. Developer shall use its commercially reasonable efforts to obtain the approvals of the following companies: May Department Stores Company (now known as Macy's West, Inc.), Sears, Roebuck and Co., J.C. Penney Properties, Inc., and Edwards Theatres Circuit, Inc. (collectively, the "Shoooin!! Mall Parties" and individually a "Shoooin!! Mall Partv"). Developer shall also use its commercially reasonable efforts obtain the approval of the owners of the properties that are adjacent to the Ring Road and opposite the Shopping Mall where such consent is contractually required for a given Ring Road Enhancement Plan which the Developer intends to submit to the City Council for approval (collectively, the "Out Parcel Parties" and individually an "Out Parcel Partv"). The Shopping Mall Parties and the Out Parcel Parties shall be collectively referred to as the "Rin!! Road Parties." During the course of developing the Ring Road Enhancement Plan, the Developer and the City shall meet and confer with the Ring Road Parties concerning the contemplated modifications to the Ring Road with the objective that an appropriate Ring Road Enhancement Plan with input from the consultations with the Ring Road Parties can be presented to the City Council as soon as possible following the date of this Agreement for approval and the necessary construction of the Ring Road Improvements can thereafter proceed quickly. July t 2, 2007 2 D. The Ring Road Enhancement Plan shall be approved by the Ring Road Parties on or before March 15,2008 and shall be presented to the Planning Commission of the City and the City Council for consideration and approval, conditional approval or rejection on or before April 15, 2008. Ifthe Council rejects the Ring Road Enhancement Plan, Developer shall continue to diligently work with the Director of Public Works and the Ring Road Parties and shall use its commercially reasonable efforts to continue to revise and present revised enhancement plans to the Ring Road Parties and the City Council until an acceptable plan is approved by the City Council. The Ring Road Enhancement Plan approved by the City Council shall be the "Aooroved Rin!! Road Enhancement Plao". The City Manager may extend the date for such approvals without further action of the City Council. E. Developer shall prepare the Ring Road Enhancement Plan and obtain the approvals ofthe Ring Road Parties at its sole cost and expense. Developer shall construct the Ring Road Improvements at no cost to the City, provided however, notwithstanding anything to the contrary contained in this Agreement, Developer shall not be required to spend more than an aggregate of $2 Million on the costs of actual construction of the Ring Road Improvements ("Develooer's Cost"). The costs of design, construction management, insurance, judgments, attorney's fees, or similar costs not directly related to construction of the Ring Road Improvements shall not be included as part of the calculation of what constitutes Developer's Costs. As Developer incurs actual construction costs for the Ring Road Improvements, Developer's Cost shall be reduced by such amounts. F. The parties acknowledge that work regarding the traffic signals to installed or modified under the Approved Ring Road Enhancement Plan should not be performed during the holiday months from October through December. Subject to force majeure delays, the scheduled completion date for such work is one (1) month after the completion of all other work contemplated under the Approved Ring Road Enhancement Plan, but if such date falls within October through December then the completion date shall be extended to January 31 thereafter. The City and Developer shall enter into a maintenance agreement, effective as ofthe date the traffic signal work is completed, under which the City shall assume responsibility for the maintenance of such traffic signals at the City's sole cost and expense. 3. Rin!! Road Enhancement Plan Imolementation A. Once the Ring Road Enhancement Plan has been approved by the City Council and the Ring Road Parties (from which Developer is able to obtain consent as provided in Section 2.C.), Developer shall diligently proceed with construction drawings for the Approved Ring Road Enhancement Plan and actual construction of the Ring Road Improvements set forth in the Approved Ring Road Enhancement Plan and shall diligently complete the Ring Road Improvements in accordance with the Approved Ring Road Enhancement Plan. B. Developer shall regularly report to the Director of Public Works on the progress of the construction drawings and the construction of the Ring Road Improvements. Within five (5) business days of each of the following actions, Developer shall notify the Director of Public Works of each action and provide the Director of Public Works with true correct and complete copies of the agreements and docnments pertaining to the action: (1) entering into contracts for the construction of one or more components of the Ring Road July 12, 2007 3 Improvements; (2) placing an order for a traffic signal; (3) submission of change orders by a contractor; or (4) resolution of change orders with a contractor. C. Developer shall complete the Ring Road Improvements described in the Approved Ring Road Enhancement Plan and subject to the terms and conditions ofthis Agreement on or before March 26, 2009 subject to force majeure delays as defined in Section 5.1. provided, however, that such events shall not excuse performance past the date of the issuance by the City of the permanent certificate of occupancy for the Mall Expansion that will allow the Mall Expansion to be open for customers even if the tenant improvements for some stores have not been completed (the "Certificate of Occuoancv"). 4. Security for Imolementation of Aooroved Rin!! Road Enhancement Plan. A. Pursuant to Article 4 of the OP A and the Acquisition Agreement referred to therein, the Agency shall purchase from the Developer, or an affiliate ofthe Developer, the East Parking Facility for a purchase price of$ll million, which purchase price shall be paid in two or more instalhnents (the "Purchase Price"). Agency will fund all or a portion ofthe Purchase Price with the proceeds oftax allocation bonds ("Agency Bonds"). The OP A further provides that the sum of Four Million Dollars ($4,000,000) (the "Holdback") will be held in an account created and maintained by the Fiscal Agent for the Agency Bonds (the "Holdback Account") to secure the completion ofthe Ring Road Improvements by the Developer. 1) No portion of the Holdback shall be used to pay for any portion of the costs of the Ring Road Improvements. 2) Upon the approval of the Ring Road Enhancement Plan by the Ring Road Parties and the City Council, the Holdback shall be reduced to the sum of Two Million Dollars ($2,000,000) 3) The remaining balance in the Holdback shall be released upon: (1) delivery of a certificate of completion from Developer and its engineer or contractor to the Director of Public Works stating that the Ring Road Improvements have been completed in accordance with the Approved Ring Road Enhancement Plan and all applicable laws; and (2) the Director of Public Work's written certification (not to be unreasonably withheld) that the Ring Road Improvements have been completed in accordance with the Approved Ring Road Enhancement Plan and all applicable laws. The Ring Road Improvements shall be considered completed ("Completed") if the work is sufficiently complete in accordance with the plans for such Ring Road Improvements so that they may be utilized for their intended use and may be subject to outstanding nonmaterial punch list items. The Director of Public Works shall issue his decision within ten (10) business days of receipt of each of the Developer's certificates of completion and shall cause a written certificate to be provided to the Agency and/or the Fiscal Agent for the Agency Bonds, as required by any fiscal agent or indenture for the Agency Bonds (the "Indenture"), which indicates that the conditions for release of the Holdback to the Developer from the Holdback Account have been satisfied. July 12, 2007 4 4) If the conditions to the release of the remaining balance in the Holdback have not been satisfied on or before April 15, 2011, the funds shall be released to the Agency for any lawful uses without any further obligations to Developer.. B. Developer shall also obtain for the benefit of the City a corporate completion guarantee from Developer's affiliate, Forest City Enterprises, Inc. ("Guarantor"), to secure the Developer's obligations to complete the Ring Road Improvements under this Agreement (".Comoletion Guarantee"). The Completion Guarantee shall be in substantially the form attached hereto as Exhibit C. provided that any changes from Exhibit C shall be approved by the City Attorney. C. In the event Developer has not completed the Ring Road Improvements, other than planned traffic signals, by January 31, 2009, as same may be extended due to force majeure events, City shall have the right to send a notice to the Guarantor to demand completion of said Ring Road Improvements pursuant to the Completion Guaranty. In the event Developer has not completed the traffic signals portion ofthe Ring Road Improvements by March 26, 2009, as same may be extended due to force majeure events, City shall have the right to send a notice to the Guarantor to demand completion of said Ring Road Improvements pursuant to the Completion Guaranty. D. If the Guarantor fails to diligently commence or complete the Ring Road Improvements in accordance with the terms of the Completion Guaranty, City shall have the right, but not the obligation to complete the Ring Road Improvements as described in the Approved Ring Road Enhancement Plan which have not been completed by Developer or Guarantor in accordance with the terms and conditions ofthis Agreement. Developer hereby grants City along with its agents, contractors and independent contractors, a license to enter Ring Road and such surrounding properties as necessary in order to construct the Ring Road Improvements subject to the following terms: 1) City shall provide Developer notice of the proposed construction not less than 15 days prior to the estimated start of construction. 2) During the course of construction of the Ring Road Improvements, City shall cooperate with Developer to provide updates concerning construction scheduling and progress and shall respond to complaints and concerns of Developer and its tenants in a commercially reasonable manner. 3) During the course of construction of the Ring Road Improvements, Developer shall cooperate with the City and provide all documents and information concerning construction of the Ring Road Improvements completed or in progress prior to the City's take over of construction. 4) In constructing the Ring Road Improvements, City shall employ, at a minimum, generally accepted standards and practices utilized by first class retail shopping center operators engaged in construction and management of similar improvements and shall exercise diligence in the performance of its work. July 12, 2007 5 5) City agrees to defend, indemnifY, protect and hold harmless Developer, its partners, owners, officers, directors, and employees (the "Indemnified Parties") from and against any and all claims, demands, losses, defense costs or expenses, mechanics liens, or liability of any kind or nature which the Indemnified Parties may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of City's negligent or wrongful acts or omissions in performing or failing to perform the construction work for the Ring Road Improvements as set forth under the terms of this Agreement, excepting only liability arising out of the negligence or wrongful conduct of Indemnified Parties. The obligations of City in this section with respect to the time during which it is completing construction ofthe Ring Road Improvement shall continue after the City's completion ofthe Ring Road Improvements in accordance with the Approved Ring Road Enhancement Plan, but any obligation hereunder shall terminate as to any incidents occurring after the City completes the Ring Road Improvements in accordance with the Approved Ring Road Enhancement Plan and Developer takes possession thereof. 6) All ofthe contractors retained by City, and their subcontractors, shall procure and maintain for the duration of the construction of the Ring Road Improvements general liability insurance in a policy amount of not less than $2 million. The policies shall name the Developer and its officers and employees as additional insureds. 7) City shall not allow any liens to be placed upon the Mall Property or Ring Road or any of the Ring Road Improvements arising from the construction of the Ring Road Improvements and if any liens are placed on the Mall Property or Ring Road as a result of the construction of the Ring Road Improvements, City shall use its best efforts to remove said liens as soon as practicable or cause such liens to be bonded over. 8) In the event that any tangible, physical property of Developer or other owner of property within the Promenade Mall, or a tenant of Developer is damaged as a direct result of the construction work of the Ring Road Improvements by City or one of its contractors, City shall be responsible for the prompt resolution of such claims in accordance with commercially reasonable claims adjustment standards. 9) As part of the approval ofthe Ring Road Parties for the Ring Road Improvements, Developer shall obtain their approval of the terms of this license to allow the City to construct the Ring Road Improvements on their portions ofthe Ring Road. 10) Upon completion of the Ring Road Improvements work by City in accordance with the Approved Ring Road Enhancement Plan, Developer shall resume possession thereof and City shall have no obligation for maintenance or repairs to the Ring Road Improvements except for the following traffic signals described under the Approved Ring Road Enhancement Plan. 11) The City shall submit to Developer invoices with commercially reasonable documentation ofthe costs it has incurred in constructing the Ring Road Improvements, including but not limited to its costs of third party construction management, insurance and any amounts necessary to fulfill its indemnification obligations ("Citv's Cost to Comolete"). The parties acknowledge and agree that the City's Costs to Complete the Ring July 12, 2007 6 Road Improvements in the event it takes over such construction could exceed the maximum amount of the Developer's Cost and the Parties therefore agree that the City's Costs to Complete under this section or the Completion Guaranty shall not be limited by such amount. Unless Developer objects to the payment of such invoice, it shall pay such invoice within ten days of receipt. Developer shall not unreasonably object to the payment of an invoice. 5. General. A. Notices. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service with return receipt or affidavit of delivery, (ii) delivery by a reputable document delivery service, such as, but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address ofthe party as set forth below or at any other address as that party may later designate by a written notice provided in accordance with this Section. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address; P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To: Developer: Temecula Towne Center Associates, LP C/O Forest City Development 949 South Hope Street #200 Los Angeles, CA 90015 Attention: Brian Jones With a copy to: Forest City Enterprises, Inc. 50 Public Square, Ste 1360 Cleveland,OH 44113-2204 Attention: General Counsel B. Entire Ai:!reement. Modifications. This Agreement and the documents referenced herein contain the complete expression ofthe whole agreement between the parties with respect to the obligations set forth herein, and there are no promises, representations, agreements, warranties or inducements, either expressed verbally or implied, except as are fully set forth herein. This Agreement cannot be enlarged, modified, or changed in any respect except by written agreement between the parties. No alteration, supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all of the parties hereto. The July 12, 2007 7 City Manager is authorized to enter into any amendments to this Agreement without any further action by the City Council. C. AnDlicable Law. This Agreement shall be deemed to have been entered into and shall, in all respects, be interpreted, construed, enforced and governed by and under the laws of the State of California. D. Indeoendent Le!:!al Counsel. Each party acknowledges that it had retained independent legal counsel of its own choice to review this Agreement and that prior to the execution hereof each party has had the opportunity to review the terms of this Agreement with its counsel and is entering into this Agreement after such review. E. Validitv of Ai:!reement. All parties agree that this Agreement is legal, valid and binding on each party and enforceable in accordance with its terms. F. Bindin!:! on Successors. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, assigns, executors and administrators. G. Attornevs' Fees. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in that action or proceeding in addition to any other reliefto which it or they may be entitled. H. Time. Time is of the essence ofthis Agreement. 1. Force Maieure Delavs. Nonperformance of any of the conditions or covenants herein by any party hereto shall be excused when performance is prevented or delayed by reason of any of the following forces reasonably beyond the control of such party: acts of God, strike, war, lockout, labor trouble, reasonable inability to secure materials or labor, unreasonable delay by a governmental entity in the issuance of any required governmental permit, license or approval, act of nature (including but not limited to hurricane, earthquake, windstorm, flood, wildfire, or other severe weather or environmental condition) insurrection, riot, casualty, acts of public enemy, governmental restrictions, litigation initiated by a party other than a party hereto or its affiliate, unreasonable acts or failures to act of any governmental agency or entity, including the Developer and the City, or unreasonable delays of any contractor, subcontractor or supplier. In such event, nonperformance shall be excused and the time of performance shall be extended by the number of days the performance is delayed or prevented; provided, however, that nothing contained in this Section shall excuse the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. J. Countemarts and Fax Transmission. This Agreement may be executed in counterparts and exchanged by facsimile, and all original or facsimile counterparts, when taken together, shall be valid as one instrument as though signed in original on a single page. July t 2, 2007 8 K. Exhibits. The following Exhibits are attached hereto and incorporated herein by this reference as though set forth in full: Exhibit A Exhibit B Exhibit C Depiction of Mall Property Depiction of Ring Road Completion Guarantee L. Authoritv to Execute this Ai:!reement. The person or persons executing this Agreement on behalf of a party warrants and represents that he or she has the authority to execute this Agreement on behalf of the party and has the authority to bind that party to the performance of its obligations hereunder. (signatures on next page) July t2, 2007 9 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF TEMECULA Chuck Washington Mayor ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney July 12, 2007 10 TEMECULA TOWNE CENTER ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP By F. C. Temecula, Inc., a California corporation, its General partner By: Name: Title: July 12, 2007 11 EXHIBIT A DEPICTION OF MALL PROPERTIES (attached) July 12, 2007 12 Ul ::J t<J !~..I lz I,: ! RING ROAD AGREEMENT EXHIBIT A - DEPICTION OF MALL PROPERTY , ~ , , I , , ) , I , II , . I , II II I I , . I ( , . ~/F 3 f .I ,I ~ B , I !' ii . , ~. II II 1 ! II , 1- . I , , I , ' , , , .. -=' . ;; ~ ; ~: I I, .. ~ 1.- --" ;~ = rr , , ~ YNEZ I 1 1 , ,.-..- 'I'! Ill: , . I i'li !~ "'1:1 ,!,'" 8." "5 . THf PROMfNADf IN TEMECULA TE~ECULA TOWN CENTER ASSOCIATES 949 SOUTH HOPE STREET, SUITE 100 LOS ANGELES, CALlfORNrA 90015 1>1>1>1>)' I I , "'!,Dooeli IKi" ,CMo"!\" IIi I~' l!. ;urn Ii;! iljl.ml j1li~ d, u.a" EXHIBIT B DEPICTION OF RING ROAD (attached) July 12, 2007 13 , , , / , , , / , , , , I " I' , , //' 11:1 ____________J .- .... ~,..-=.- YNEZ I '\ n ~-- \ r---- a I RING ROAD AGREEMENT EXHIBIT B - DEPICTION OF RING ROAD j Ii ~ ~ I'''' ........... ROAD I EXHIBIT "C" COMPLETION GUARANTY (attached) July 12, 2007 14 COMPLETION GUARANTEE THIS COMPLETION GUARANTEE (this "Guarantee") is executed as of the 24th day of July, 2007, by FOREST CITY ENTERPRISES, INC., an Ohio corporation, having an address of Terminal Tower, Suite 1100,50 Public Square, Cleveland, Ohio 44113 ("Guarantor"), to and in favor of the CITY OF TEMECULA, CALIFORNIA, a general law city in the State of California, having an address of 43200 Business Park Drive, Temecula, California 92590 ("City"). Capitalized terms not otherwise defined herein shall have the meanings set forth in the Ring Road Agreement (as defined in Paragraph B below). PRELIMINARY STATEMENTS A. Temecula Towne Center Associates, L.P., a California limited partnership ("Developer"), is the owner of that certain regional shopping center commonly known as The Promenade at Temecula located in Temecula, California (the "Shopping Center"). Developer intends to construct an expansion of the Shopping Center consisting of 126,000 square feet of additional retail and additional parking structures (the "Mall Expansion"). B. In connection with the Mall Expansion, Developer and the City entered into that certain Ring Road Enhancement Agreement, dated as of July 24, 2007 (the "Ring Road Agreement"), which provides, among other things, for the right and obligation of Developer to construct and/or install certain Ring Road Improvements. C. A condition of the Ring Road Agreement is the execution and delivery of this Guarantee by Guarantor in favor of the City. D. Developer is an affiliate of Guarantor, and Guarantor will derive substantial benefit from the aforedescribed transaction. AGREEMENT In consideration of the foregoing Preliminary Statements, which are incorporated herein and made a part hereof, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Guarantor enters into the following agreement. 1. Guarantor hereby absolutely, unconditionally and irrevocably guarantees and promises to the City that the "Guaranteed Improvements" (as hereinafter defined) will be constructed, completed and paid for, as applicable, as described in and in accordance with the Ring Road Agreement, free and clear from all defects and liens, and in compliance with all applicable laws (collectively, the "Construction Requirements"). For purposes hereof, "Guaranteed Improvements" shall mean (a) the construction and completion of the Ring Road Improvements described in the Approved Ring Road Enhancement Plan, other than the Ring Road Traffic Signals, subject to punchlist items, on or before January 31, 2009; (b) the construction and completion of the Ring Road Traffic Signals and any remaining punchlist items in connection with the Ring Road Improvements on or before March 26, 2009 ("Completion Date"); and (c) the payment of City Cost to Complete (as hereinafter defined). 2. If, following a failure by Developer to (a) construct and/or complete the Guaranteed Improvements in accordance with the Construction Requirements when required, or (b) pay all costs of construction relating to the Guaranteed Improvements, then, upon the written demand of the City to Guarantor, Guarantor shall promptly commence and diligently pursue completion of the Guaranteed Improvements in accordance with the Construction Requirements and Section 1 hereof, other than the performance or cure of those conditions or defaults of Developer that are purely personal to Developer and not capable of being performed or cured by Guarantor. In addition, pursuant to Section 4.D. of the Ring Road Agreement, if the Guaranteed Improvements have not been completed by the Completion Date, the City shall have the right to complete, at Guarantor's expense, those Ring Road Improvements which have not been completed in accordance with the Construction Requirements ("City Cost to Complete") without giving Guarantor the option to cure. Guarantor agrees to pay the City Cost to Complete within ten (10) days of receipt of invoices showing the costs incurred by the City along with such other commercially reasonable documentation of the City Cost to Complete. The obligations referred to in this Section 2 are hereinafter referred to collectively as the "Guaranteed Obligations" and individually as a "Guaranteed Obligation". Except as otherwise expressly set forth in this Guarantee with respect to payments to third parties in connection with the construction and completion of the Guaranteed Improvements or the payment of the City Cost to Complete, this Guarantee is a guaranty of performance only and not a guaranty of payment or collection. 3. Guarantor agrees that the City may exercise or not exercise any remedy or waiver of any right under the Ring Road Agreement without notice to, without consent of, and without affecting the liability of Guarantor hereunder. 4. Before calling upon Guarantor for payment or performance of any Guaranteed Obligations, the City need not resort to, or exhaust its remedies, if any, against, Developer or against any other party or parties liable thereon. If Guarantor fails to promptly perform the Guaranteed Obligations as required hereunder, the City may pursue any action at law or in equity against Guarantor. Guarantor further waives any right to require City to join Developer in any action brought hereunder or to commence any action against or obtain any judgment against Developer or to pursue any other remedy or enforce any other right. Guarantor further agrees that nothing contained herein or otherwise shall prevent City from pursuing concurrently or successively all rights and remedies available to it at law and/or in equity or under the Guaranteed Obligations and the exercise of any of its rights or the completion of any of its remedies shall not constitute a discharge of Guarantor's obligations hereunder, it being the purpose and intent of Guarantor that the obligations of Guarantor hereunder shall be absolute, independent and unconditional under any and all circumstances whatsoever. Without limiting the generality of the foregoing, Guarantor hereby expressly waives any and all benefits and defenses under California Civil Code ("CC") Sections 2787 to 2855, inclusive, and 2899, 2953 and 3433, including, without limitation, the right to require City to (i) proceed against Developer or any other guarantor or pledgor, (ii) proceed against or exhaust any security or collateral City may hold, or (iii) pursue any other right or remedy for the benefit of Guarantor. 5. None of the Guarantor's obligations under this Guarantee or any remedy for the enforcement thereof shall be impaired, modified, changed or released in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of Developer under the Guaranteed Obligations or by reason of the bankruptcy of Developer or by reason of any creditor or bankruptcy proceeding instituted by or against Developer. In addition, the liability of Guarantor shall in no way be released, mitigated or otherwise affected by (a) the release or discharge of 2 Developer in any creditors' proceeding, receivership, bankruptcy or other proceedings, or the commencement or pendency of any such proceedings; (b) the impairment, limitation or modification of the liability of Developer or the estate of developer in bankruptcy or of any remedy for the enforcement of Developer's liability under any instrument, evidencing any Guaranteed Obligation, or under any other instrument executed and delivered in connection therewith, resulting from the operation of any present or future provision of the United States Bankruptcy Code or other statute or from a decision in any court; or (c) any assignment or transfer of any instrument evidencing any Guaranteed Obligation by operation of law or otherwise. 6. All notices, demands, requests, approvals, consents and other communications (collectively, "Notices") which may be required or are desired to be given hereunder shall be in writing and shall be hand delivered, sent by certified U.S. Mail, return receipt requested, or sent by overnight courier service, designated for next-day delivery, as follows: If to Guarantor: With a copy to: If to the City: Forest City Enterprises, Inc. Terminal Tower, Suite 1360 50 Public Square Cleveland, Ohio 44113-2267 Attention: General Counsel Forest City Development California, Inc. 949 S. Hope Street, Suite 200 Los Angeles, California 90015 Attention: Brian Jones City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager Either party hereto may designate a different address to which or person to whom Notices shall be directed by written notice given in the same manner and directed to the other at its address hereinabove set forth. Any Notice given hereunder shall be deemed received when delivered if delivered by hand, one (I) business day after delivery if sent overnight delivery service, designated for next-day delivery, and three (3) business days after mailing if sent by certified U.S. mail. 7. This Guarantee is effective immediately and shall continue until the completion ofthe Guaranteed Improvements in accordance with the Construction Requirements. Guarantor waives notice of the acceptance hereof, waives demand for payment and protest relative to each Guaranteed Obligation (other than those required under this Guarantee), and waives all notices (other than those required under this Guarantee) to which Guarantor might otherwise be entitled by law. This Guarantee shall be construed in accordance with the laws of the State of California. In the event of any action or proceeding relating to the enforcement of obligations of the undersigned hereunder by the City, the undersigned agrees to pay the City's reasonable attorney's fees in connection therewith. This Guarantee shall inure to the benefit of the City, its successors and assigns, and to any other holder of any Guaranteed Obligation, and shall be binding upon the successors and assigns of Guarantor. At the request of Guarantor, the City agrees to deliver an instrument evidencing the termination of this Guarantee following termination according to the terms of this Guarantee. 3 8. Guarantor and the City intend and believe that each provision in this Guarantee comports with all applicable local, state and federal laws and judicial decisions. However, if any provision or provisions, or any portion thereof, in this Guarantee is found by a court of law to be in violation of any applicable local, state or federal ordinance, statute, law, administrative or judicial decision, or public policy, and if such court should declare such portion, provision or provisions of this Guarantee to be illegal, invalid, unlawful, void or unenforceable as written, then it is the intent of Guarantor and the City that such portion, provision or provisions shall be given force to the fullest possible extent that they are legal, valid and enforceable, that the remainder of this Guarantee shall be construed as if such illegal, invalid, unlawful, void or unenforceable portion, provision or provisions were not contained therein, and that the rights, obligations and interest of City under the remainder of this Guarantee shall continue in full force and effect. 9. Guarantor makes the following representations and warranties to the City: (a) Guarantor is duly formed, validly existing and in good standing in the State of Ohio and has qualified to do business and is in good standing in any state in which it is necessary in the conduct of its business. (b) of this Guarantee. Guarantor maintains an office at the address set forth in the initial paragraph (c) The execution, delivery, and performance by Guarantor of this Guarantee does not and will not contravene or conflict with (i) any laws, order, rule, regulation, writ, injunction or decree now in effect of any government authority or court having jurisdiction over Guarantor, (ii) any contractual restriction binding on or affecting Guarantor or Guarantor's property or assets which may adversely affect Guarantor's ability to fulfill its obligations under this Guarantee, (iii) the instruments creating any trust holding title to any assets included in Guarantor's financial statements, or (iv) the organizational or other documents of Guarantor. (d) This Guarantee creates legal, valid, and binding obligations of Guarantor enforceable in accordance with its tenns. (e) There is no action, proceeding, or investigation pending or, to the knowledge of Guarantor, threatened or affecting Guarantor, which may materially and adversely affect Guarantor's ability to fulfill its obligations under this Guarantee. (f) AllI0-K, 10-Q and/or other financial statements previously furnished to the City to accurately reflect the financial condition and operation of Guarantor in all material respects as of the date ofthis Guarantee. (g) No consent, approval or authorization of or declaration, registration or filing with any governmental authority or nongovernmental person or entity, including any creditor or shareholder of Guarantor, is required in connection with the execution, delivery and performance of this Guarantee. (h) The execution, delivery and performance of this Guarantee has not constituted and will not constitute upon the giving of notice or lapse of time or both, a breach or default under any other agreement to which Guarantor is a party or may be bound or affected. 4 10. This Guarantee constitutes the entire agreement between Guarantor and the City with respect to the matters referred to herein, and no modification or waiver of any of the terms hereof shall be effective unless in writing, signed by the party to be charged with such modification or waiver. 11. Guarantor's liability hereunder for any or all of the Guaranteed Obligations shall automatically terminate upon the earlier to occur of (a) the date the Guaranteed Obligations are completed or satisfied in accordance with the Ring Road Agreement, or (b) the date of any termination of the Ring Road Agreement due to any reason other than due to the default beyond any applicable notice and/or cure periods by the Developer of its obligations under the Ring Road Agreement. Guarantor has executed this Completion Guarantee as of the date first written above. GUARANTOR: FOREST CITY ENTERPRISES, INC., an Ohio corporation By: Name: Charles A. Ratner Title: President and Chief Executive Officer C\Temn\Temonrarv Internet Filc!':\()I.K7A7\Comnletion lrllanmtv 7.ln.7.finaLdocH:\\"97\J)JG\TelTlssl:Jla 1211~'.Cemj3]etieH SUMan!: lJe 2] - 5 \ PARKING MANAGEMENT AGREEMENT FOR PROMENADE MALL EAST PARKING FACILITY THIS PARKING MANAGEMENT AGREEMENT ("Agreement") is entered into as of July 24, 2007 by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Al!:eocv"), and TEMECULA TOWNE CENTER ASSOCIATES, L. P., a California limited partnership ("Ooerator"). In consideration of the foregoing recitals and for other consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows: 1. Recitals. This Agreement is made for the following purposes and with respect to the following facts, which the parties agree to be true and correct: 1.1 Agency is a public body, corporate and politic, exercising governmental functions and powers, and organized and existing under the Community Redevelopment Law of the State of California (being ~ 33000 et. seq. of the Health and Safety Code of the State of Cali forni a). On July 24,2007, the Agency and Operator entered into that certain "Ground SubLease for Promenade Mall East Parking Facility" (as amended from time to time, the "Ground Lease") which provides for the sublease by the Agency of the site described on Exhibit A attached hereto and referred to in the Ground Lease as the East Parking Pad ("Site") and the operation by the Agency of the parking facility located upon the Site and containing a minimum of 936 public parking spaces ("East Parkin!! Facilitv") to be constructed by Operator and owned by Agency. Operator is the developer of the Temecula Promenade Mall ("Mall") located upon approximately 78 acres in the City of Temecula, California ("Mall Prooertv") and an owner of certain parcels of the Mall Property, and, with the owners of other parcels within Mall Property, The May Department Stores Company, Sears, Roebuck and Co. and J.C. Penney Properties, Inc, a party to that certain Construction, Operation and Reciprocal Easement Agreement dated as of July 23, 1998 ("COREA") which governs the operation of the common areas located upon the Mall Property, including the Site. 1.3 On July 24,2007, the Agency and Operator also entered into that certain Owner Participation Agreement concerning certain financial matters concerning the East Parking Facility (the "Owner Particioation Alfreement"). 1.4 The Ground Lease requires the Agency, as owner of the East Parking Facility, to operate and maintain the East Parking Facility and to enter into an agreement with a third party for the operation and maintenance of the East Parking Facility. 1.5 The purpose of this Agreement is to enable the Agency to fulfill its obligation to provide for the operation and maintenance of the East Parking Facility. 1.6 Operator and its affiliates are experienced in the operation and management of automobile parking facilities and desire to undertake the management and operation of the East Parking Facility pursuant to the terms of this Agreement. 2. ODeration of East Parking Facilitv. 1 2.1 Agency hereby desiguates and appoints Operator as the manager of the East Parking Facility and Operator hereby accepts such designation and appointment, subject to the terms ofthis Agreement. The parties agree that the East Parking Facility, shall be used solely for the purpose of vehicular public parking, free of charge, during all hours of operation, and vehicular and pedestrian ingress and egress, and for no other use or purpose except as set forth in the Ground Lease or as agreed upon by the parties. Notwithstanding the foregoing, Operator may restrict access to the East Parking Facility during those hours that the Mall is not in operation and for temporary periods necessary for maintenance and repair. 2.2 Subject to the provisions of this Agreement, Operator shall (a) manage and operate the East Parking Facility in accordance with the terms of this Agreement and the COREA, (b) employ sufficient personnel for the operation of the East Parking Facility, (c) maintain the East Parking Facility, and (d) periodically, upon request, consult with the Agency regarding such operation. Subject only to those express limitations set forth in this Agreement, Operator shall have control and discretion over the management, operation, maintenance and repair of the East Parking Facility, and over the provision of the services described in this Agreement. 2.3 Operator agrees to comply with all statutes, ordinances, rules, orders, regulations of federal, state, county and City governments regulating the use by Operator of the East Parking Facility. 2.4 Operator shall not use or permit the use of the East Parking Facility in any manner that will create or tend to create a nuisance. 2.5 Regulations for parking and use of the East Parking Facility, including but not limited to hours of operation, designation of parking spaces, and charges are set forth on Exhibit B, attached hereto and incorporated herein as though set forth in full (the "Parkin!! Re!!ulations"). The Parking Regulations may be modified by amendment of this Agreement. The Executive Director of the Agency is authorized to approve and execute any such amendment on behalf of the Agency which approval by the parties shall not be unreasonably withheld or delayed. 2.6 Operator shall maintain the East Parking Facility at a level consistent with the provisions of the COREA and the Ground Lease (the "Maintenance Standards"). The Maintenance Standards may be modified by amendment of this Agreement. The Executive Director of the Agency is authorized to enter into an amendment to this Agreement modifYing the Maintenance Standards. 2.7. Any laborers or employees engaged by the Operator shall not be the employees of the Agency and the Agency shall in no any way be liable for the payment of any wages or benefits to any such laborers or employees. Any such laborers or employees shall in no way be third party beneficiaries of this Agreement. 3. No ODerating Fee. No fee shall be payable by the Agency to the Operator hereunder or by the Operator to the Agency.Term of A!:!reement. This Agreement shall commence on the day the Commencement Date as defined under the Ground Lease (the "Commencement Date"), and shall terminate upon the termination or expiration of the Ground Lease ("Term"). 5. Indemnification 2 5.1 Operator expressly agrees to defend, protect, indemnifY and hold harmless the Agency and its officers, agents and employees ("~ndemnified Parties") from and against any and all claims, demands, damages, expenses, losses or liability of any kind or nature whatsoever which Indemnified Parties may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons or damage to property arising out of or resulting from the alleged acts or omissions of Operator, its officers, agents or employees or in any manner connected with this Agreement or with the occupancy, use or misuse of the East Parking Facility by Operator, its officers, agents, employees, subtenants or licensees, patrons or visitors, including without limitation, action or inaction in any way related to the Operator's Handling of Hazardous Materials or violation of Environmental Requirements described in Section 7 during the Term; and Operator agrees to defend at its own cost, expense and risk all claims or legal actions that may be instituted against the Indemnified Parties (provided the Agency has timely tendered a request for a defense to Operator) or Operator, and the Operator agrees to pay any settlement entered into with Operator's consent and satisfy any final judgment that may be rendered against any of the Operator or the Indemnified Parties as a result of any injuries or damages which are alleged to have resulted from or be connected with this Agreement or the occupancy or use of the East Parking Facility. 5.2 Notwithstanding the foregoing, (a) the Operator shall be relieved of any obligation under the foregoing paragraph from and after such time as Operator assigns its obligations under Section 8 or subcontracts its obligations under Section 15 of this Agreement; and (b) in no event shall the Operator or any such subcontractor be obligated to indemnify any of the Indemnified Parties for liability arising from their intentional misconduct or gross negligence. 6. Insurance. Operator shall keep and maintain the insurance required by Article 10 of the Ground Lease, unless it is being maintained by a party to the Ground lease, and with respect the insurance maintained by Operator, the Operator shall comply with the provisions of Article 10 of the Ground Lease applicable to such insurance. 7. Hazardous Materials, 7.1 Definitions. 7.1.1 "Hazardous Materials" shall mean any substance that now or in the future requires investigation or remediation under, or is regulated or defined as a hazardous waste or hazardous substance, by any governmental authority or instrumentality or any law, regulation, rule or order, or any amendment thereto, including, without limitation, the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. ~ 9601 et seq. and the Resource Conservation and Recovery Act, 42 U.S.C. ~ 9601 et seq., or that is otherwise toxic, explosive, corrosive, flammable, infectious, mutagenic, radioactive, carcinogenic, a pollutant or a contaminant, including gasoline, diesel, petroleum hydrocarbons, polychlorinated biphenyls (PCBs), asbestos, radon and urea formaldehyde foam insulation. 7.1.2 "Environmental Reouirements" shall mean all present and future governmental laws, regulations, rules, orders, permits, licenses, approvals, authorizations and other requirements of any kind applicable to Hazardous Materials, including without limitation common law tort principles (such as public and private nuisance and strict liability for conducting abnormally dangerous activities). 3 7.1.3 "Handle." "Handled" or "Handlin!!;" shall mean any installation, handling, generation, storing, treatment, use, disposal, discharge, release, manufacture, refinement, emission, abatement, removal, transportation, presence or migration of any Hazardous Materials brought on the Demised Premises by Agency or its employees, representatives or agents, or any other activity or any type in connection with or involving Hazardous Materials. 7.2 Operator shall fully comply with all Environmental Requirements with respect to its obligations under this Agreement. 8. Assiment. Except as hereinafter provided, Operator covenants that it will not assign, transfer, convey, sublet, sell, mortgage, pledge, or encumber this Agreement, the East Parking Facility or any part of it, or any rights of Operator under this Agreement, whether voluntary or by operation oflaw, except upon written consent of Agency. Notwithstanding the foregoing, Operator may assign this Agreement without the consent of Agency to (a) Forest City Commercial Management, Inc. or another affiliate of Operator; (b) an experienced regional or national parking operator having at least five thousand (5,000) or more spaces under its management; (c) to a third party who acquires all or a substantial part (i.e., a twenty-five percent (25%) or greater interest) of the Mall; or (d) to a third party property management company that is providing common area I maintenance and operations for the Mall. Operator shall promptly notifY Agency of any such assignment. 9. Surrender of Possession. Upon termination ofthis Agreement, Operator shall surrender to such owner the East Parking Facility in good order, condition and repair except for ordinary wear and tear and casualty damage. Operator will be required to remove all personal property prior to the termination ofthis Agreement unless other arrangements are made with and approved by the then owner ofthe East Parking Facility~ 10. Defaults of Ooerator; Remedies UDon Default.Operator agrees that if Operator shall neglect, violate, be in default under, offail to perform or observe any of the other covenants, agreements, terms or conditions contained in this Agreement on its part to be performed and shall not have remedied, or commenced action which will promptly remedy same which action is thereafter diligently pursued, within thirty (30) days after written notice thereof given by Agency, then this Agreement and the Term hereof shall, upon the date specified in a written notice given by Agency to Operator setting forth the nature of such default, breach, matter, or condition, be terminated and Agency may recover possession of the East Parking Facility. Each party's sole remedy upon the occurrence of a default under this Agreement shall be specific performance, declaratory relief, writ of mandate, or similar remedies (collectively "Equitable Remedies") to compel other party's compliance with the terms of this Agreement, including, without limitation, compelling the payment of monies due under this Agreement. The parties agree that it may not be practical or possible to determine the sum of money which would adequately compensate each party for a default under this Agreement. Further, the parties agree that damages may not be an adequate remedy as a result of a default by the other under this Agreement. Therefore the parties agree that their sole legal or equitable remedy shall be the right to seek and obtain specific performance, declaratory relief, writ of mandate, or similar remedies to compel the other party's compliance with the terms of this Agreement as a remedy for any breach of this Agreement and that specific performance, declaratory relief, writ of mandate, or similar remedies 4 to compel a party's compliance with the terms of this Agreement, including, without limitation, compelling the payment of monies due under this Agreement, are available remedies in the event a party establishes the existence or occurrence of a default by the other. The recovery of reasonable attorneys' fees in all cases and actual damages where the remedy sought is to compel the payment of money are deemed consistent with the enforcement of Equitable Remedies. No elected and appointed officials, officers, directors, employees, owners, managers, agents, contractors and attorneys of either party shall personally be liable to the other party, or any successor in interest of the other party, in the event of a default or breach under this Agreement, or for any amount which may become due, on any obligation under the terms of this Agreement; each party shall not retain the right to seek, and hereby expressly waives, the right to seek such damages. 11. Indenendent Contractor. It is expressly acknowledged that Operator shall be an independent contractor with respect to all services performed under this Agreement and nothing in this Agreement, express or implied, shall be construed as creating a partnership, joint venture, employer-employee or principal-agent relationship between Operator (or any person employed by Operator) and Agency, or any other relationship between the parties hereto, except that of property owner/lessee and independent contractor. Operator agrees to and accepts full and exclusive liability for the payment of any and all contributions or taxes for social security, unemployment insurance, or old age retirement benefits, pensions, or annuities now or later imposed under any state or federal law which are measured by the wages, salaries, or other remuneration paid to persons employed by Operator on work performed under the terms ofthis Agreement, and further agrees to obey all rules and regulations which are now, or later may be, issued or promulgated under these respective laws by any duly authorized state or federal officials; and Operator shall indemnifY and save harmless Agency from any such contributions or taxes or liability therefor. 12. Possessorv Interest Taxes: Access to the East Parking Facilitv 12.1 No property rights in the East Parking Facility, or right of possession thereof, is granted by this Agreement. However, and in accordance with California Revenue and Taxation Code Section 107.6(a), the Agency advises the Operator that by entering into this Agreement, a possessory interest subject to property taxes may be created, and the Operator or other party in whom the possessory interest is vested may be subject to the payment of property taxes levied on such interest. Notwithstanding the foregoing, it is the intent of the Agency and the Operator that this Agreement shall in no way create a possessory interest of the Operator in the East Parking Facility for purposes of possessory interest taxes under California Revenue and Taxation Code Section 107.6(a) and that any interest conveyed hereunder not be subject to any possessory interest, ad valorem or any other similar tax imposed by the State or any other governmental entity. 12.2 The Operator agrees that any authorized representative of the Agency shall have the right at all reasonable times to enter upon and to examine and inspect the East Parking Facility. The Operator further agrees that any such authorized representative shall have such rights of access to the East Parking Facility as may be reasonably necessary to cause the proper maintenance of the East Parking Facility in the event of failure by the Operator to perform its obligations hereunder. 13. Remedies Will Be Cumulative. All rights and remedies of Agency enumerated will be cumulative and none will exclude any other right or remedy allowed by law. Likewise, the 5 exercise by Agency of any remedy provided or allowed by law will not be the exclusion of any other remedy. 14. Waiver. One or more waivers of any covenant, term or condition of this Agreement by either party will not be construed by the other party as a waiver of subsequent breach of the same covenant, term or condition. The consent or approval of either party to or of any act by the other party of a nature requiring consent or approval will not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. 15. Subcontracts. The Operator may engage a subcontractor with experience in the operation of parking facilities similar to the East Parking Facility and reasonably acceptable to the Agency to conduct the physical operation of the East Parking Facility. The Agency hereby acknowledges that, Operator may subcontract its duties under this Agreement without the consent of Agency to (a) Forest City Commercial Management, Inc. or another affiliate of Operator; (b) an experienced regional or national parking operator having at least five thousand (5,000) or more spaces under its management; (c) to a third party who acquires all or a substantial part (i.e., a twenty-five percent (25%) or greater interest) of the Mall; or (d) to a third party property management company that is providing common area maintenance and operations for the Mall. 16. Anti-Discrimination 16.1 Operator covenants, for itself and its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (P) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises herein conveyed, nor shall the grantee himself or herself, or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. 16.2 Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 ofthe California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (0) and (p) of Section 12955 ofthe California Government Code shall apply to said paragraph. 16.3 All deeds, leases or contracts entered into with respect to the Property shall contain or be subject to substantially the following nondiscriminationlnonsegregation clauses: 16.3.1 In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on 6 account of any basis listed in subdivision (a) or (d) of Section 12955 ofthe California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (P) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment ofthe premises herein conveyed, nor shall the grantee himself or herself, or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy oftenants, lessees, subtenants, sub lessees or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (0) and (P) of Section 12955 of the California Government Code shall apply to said paragraph." 16.3.2 In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions; That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (P) of Section 12955, and Section 12955.2 of the California Government Code, in the leasing, subleasing, transferring, use or occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy oftenants, lessees, sublessees, subtenants or vendees in the premises herein leased. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.1 0, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 ofthe California Civil Code and subdivisions (n), (0) and (P) of Section 12955 of the California Government Code shall apply to said paragraph." 16.3.3 In contracts; "The contracting party or parties hereby covenant by and for himself or herself and their respective successors and assigns, that there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 ofthe California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the contracting party or parties, any subcontracting party or parties, or their respective assigns or transferees, establish or permit any such practice or practices of discrimination or segregation. 7 Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (0) and (P) of Section 12955 of the California Government Code shall apply to said paragraph." 17. Attornev's Fees. In the event that either party fails to comply with any of the terms of this Agreement and the other party commences legal proceedings to enforce any of the terms of this Agreement, the prevailing party in any such suit will receive from the other attorneys' fees including applicable court costs. 18. Notices. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as, but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To Agency: Redevelopment Agency of the City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To: Operator: Temecula Towne Center Associates, L.P. C/O Forest City Development 949 South Hope Street #200 Los Angeles, CA 90015 Attention: Brian Jones With a copy to: Forest City Enterprises, Inc. 50 Public Square, Ste 1360 Cleveland,OH 44113-2204 Attention: General Counsel 8 19. Execution. This Agreement may be simultaneously executed in any number of counterparts, each of which when so executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. 20. Validitv. If anyone or more of the terms, provisions, promises, covenants, conditions or option provisions ofthis Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reasons whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants, conditions, and option provisions ofthis Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 21. Amendments. This Agreement may only be amended in writing executed by both of the parties hereto. 22. Entire Ai:!reement. It is understood that there are no oral agreements between the parties affecting this Agreement, and this Agreement supersedes and cancels any and all previous negotiations and understanding, if any, between the parties with respect to the subject matter of this Agreement, except for the Ground Lease and Owner Participation Agreement, and none will be used to interpret or construe this Agreement. 23. Authoritv of Parties. Each party hereby represents and warrants with respect to its own covenants and obligations that (a) it has full power, authority and legal right to execute, deliver and perform this Agreement and to perform all of its obligations hereunder, and (b) the execution, delivery and performance of all or any portion of this Agreement do not and will not (i) require any consent or approval from any governmental authority, (ii) violate any provisions of law or any governmental order, or (iii) conflict with, result in a breach of, or constitute a default under, its charger or bylaws or any instrument to which it is a party or by which it or any of its property is bound. 24. No Third Partv Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement, on any person other than the parties and their respective permitted successors and assigns, nor is anything in this Agreement intended to relieve or discharge any obligation of any third person to any party hereto or give any third person any right of subrogation or action over or against any party to this Agreement. 25. Subordination. This Agreement shall be subordinate to the lien, rights and obligations of any rights of any holder of any note or other obligation secured by a deed of trust or mortgage covering all or any part of the East Parking Facility or the land thereunder. This provision shall inure to the benefit of and may be enforced by any current or future holder and their successors and assigns and is applicable to any current deed of trust or mortgage, any modifications or amendments thereto and any new or replacement deed of trust or mortgage. 1111 / II / 9 (signatures on next page) 10 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Maryann Edwards Chair ATTEST: Susan W. Jones, CMC City Clerk! Agency Secretary APPROVED AS TO FORM: Peter M. Thorson Agency General Counsel 11 TEMECULA TOWNE CENTER ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP By F. C. Temecula, Inc., a California corporation, its General partner By: Name: Title: 12 EXHIBIT A DESCRIPTION OF SITE (East Parking Pad) (attached) -1- PARKING MANAGEMENT AGREEMENT EXHIBIT A - DESCRIPTION OF SITE (East Parking Pad) EAST PARKING EXHIBIT B PARKING REGULATIONS The rules and regulations established pursuant to the COREA as amended from time to time provided no amendment shall be enforced against the Demised Premises which prohibits the public parking use ofthe East Parking Facility or the Site. -2- RDA DEPARTMENTAL REPORT Ii - I. ITEM NO. 22 I I Approvals City Attorney Director of Finance City Manager fA'-r IJ~ ~ TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Redevelopment Director DATE: July 24, 2007 SUBJECT: Redevelopment Departmental Monthly Report Attached for your information is the monthly report as of July 24, 2007 for the Redevelopment Department. First Time Homebuyers Program Funding in the amount of $100,000 is available for FY 06 -07. Residential Improvement Programs The program budget for FY 06-07 is $350,000, with $188,490 funded on 24 units. The amount available to each participant is$7500. Habitat for Humanity Council entered into a Disposition and Development Agreement (DDA) with Habitat for Humanity to develop a home-ownership project within the Pujol Neighborhood. The project located on the northwest corner of Pujol and First Streets will consist of 5 new single-family detached homes. The houses are arranged along Pujol Street and a private lane. The preliminary grading permit has been issued and rough grading has been completed. A tentative tract map has been approved for the adjacent property for two additional single family detached homes. Dalton Mixed-Use II On May 28, 2005, the Council approved an Owner Participation Agreement with D'Alto Partners to build a mixed-use affordable housing project. The project consists of 24 units and over 5,000 sq. ft. of retail/commercial. The project is located on the north side of Fifth Street, west of Mercedes. Construction is completed and all 24 apartment units have been leased. Dalton Mixed-Use III On March 28, 2006, the Council approved an Owner Participation Agreement with D'Alto Partners to build a mixed-use affordable housing project. The project will consist of 22 units over 4,700 sq. ft. of retail/commercial. Vertical construction has begun. It is estimated that construction will be completed in the fall of 2007. The project is located on the north side of Fifth Street, west of Mercedes. Facade Improvement/Non-Conforming Sign Program The following facade improvement/sign projects are in process or have recently been completed: Palomar Hotel - Paint Exterior, New Windows and Doors La Menagerie - Design and Install Wood Blasted Signs Chaparral Center Building - Sign Program Old Town Promotions/Marketing Hot Summer Niahts/lnternational Jazz Festival Hot Summer Nights in Old Town kicked off the International Jazz Festival with the 4 part concert series at the Old Town Temecula Community Theater. The series featured Brian Auger on Thursday, July 12, the pianist Monty Alexander, on Friday, July 13, and The Pamela York Trio and The Harold Mason/ Marshall Hawkins Quintet on Sunday, July 15. In addition, the Festival featured various artists on 4 venues throughout Old Town with continuous live performances Thursday through Sunday. The weekend also included 4 instrumental clinics, jazz competitions and food vendors on Friday, Saturday and Sunday. Hot Summer Nights continued on July 20 with performances by the Country Western sounds of Older than Dirt at Rosa's Cantina, entertainment by the family trio, Two of Us Plus 1 at Panache, Viento Libre at the Country Porch, as well as the Blade Runners at the Mercantile and Dynamite Dave making his famous balloon creations at Rosas Cantina. Friday July 27, featured the sounds of country rock by Aunt Kizzy's Boyz at the Country Porch, Temeku Bluegrass at the Mercantile, Older Than Dirt at Panache and Dynamite Dave at Rosa's Cantina. The weekend also included craft and food vendors. Hot Summer Nights will continue every Friday evening through August 31 featuring live music, crafts and food vendors. TEMECULA PUBLIC FINANCING AUTHORITY Ii - I. ITEM NO. 23 I I MINUTES OF A REGULAR MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY June 26, 2007 A regular meeting of the City of Temecula Public Financing Authority was called to order at 7:50 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AUTHORITY MEMBERS: Comerchero, Edwards, Naggar, Roberts and Washington ABSENT: o AUTHORITY MEMBERS: None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. TPFA CONSENT CALENDAR 32 Minutes RECOMMENDATION: 32.1 Approve the minutes of March 6, 2007; 32.2 Approve the minutes of May 22, 2007. MOTION: Authority Member Comerchero moved to approve the Consent Calendar. Authority Member Edwards seconded the motion and electronic vote reflected unanimous aooroval. TPFA BUSINESS Due to a conflict of interest, Authority Comerchero stepped down from Item No. 33. 33 Community Facilities District No. 2003-03 !wolf Creek) Initiation of Action Necessarv to Foreclose Delinauent Soecial Tax Liens RECOMMENDATION: 33.1 Adopt a resolution entitled: R\M inutes.tpfa\062607 RESOLUTION NO. TPFA 07 -05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO REMOVE DELINQUENT SPECIAL TAXES FROM THE COUNTY TAX ROLL AND ORDERING JUDICIAL FORECLOSURE PROCEEDINGS AGAINST DELINQUENT PROPERTY WITHIN COMMUNITY FACILITIES DISTRICT 03-03 (WOLF CREEK) Assistant Finance Director Simpson provided a brief staff report (of record). MOTION: Authority Member Edwards moved to approve staff recommendation. Authority Member Roberts seconded the motion and electronic vote reflected approval with the exceotion of Authority Member Comerchero who abstained. ADJOURNMENT At 7:53 p.m., the Temecula Public Financing Authority Meeting was formally adjourned. Chuck Washington, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R\M inutes.tpfa\062607 2 Ii - I. ITEM NO. 24 I I Approvals City Attorney Director of Finance City Manager ~ IJIL au-.. TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 24, 2007 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-1 (Crowne Hill) PREPARED BY: RECOMMENDATION: David Bilby, Senior Debt Analyst That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) BACKGROUND: The Temecula Public Financing Authority (the "Authority') was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On January 28, 2003, the Authority adopted two resolutions of intention relative to a proposed community facilities district (the "District"). The resolutions of intention called for public hearings on the formation of the District, the levy of special taxes therein, and the issuance of bonded indebtedness for the District. On March 25, 2003, resolutions were adopted forming the District and declaring the necessity to incur bonded indebtedness. On June 24, 2003, the Authority Board of Directors approved a resolution authorizing the issuance of special tax bonds in an amount up to $25,000,000. On July 24, 2003, special tax bonds in the amount of $12,155,000 were issued. The proceeds of the bonds were used to eliminate a County special assessment lien on the land in the CFD and to finance various public improvements specified in the CFD proceedings. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District. On July 26, 2005, the City Council and Authority Board of Directors approved a resolution authorizing issuance of additional special tax bonds in the amount of $6,000,000 for improvements not funded in the original issue. The maximum special tax levy, as calculated by the City's Special Tax Consultant, required for the 2007- 08 fiscal year is $1,118,847.40, which includes both the original issue and the second issue. FISCAL IMPACT: fiscal year is$ 1,118,847.40. ATTACHMENTS: The calculated maximum special tax levy required for the 2007-08 Resolution No. TPFA 07- Cost Recovery Analysis RESOLUTION NO. TPFA 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-1 (Crowne Hill) (the "CFD"), created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act"). Section 2. The Board of Directors has enacted Ordinance No. TPFA 03-01 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 03-05 and Ordinance No. TPFA 03-01, there is to be levied an aggregate special tax of $1,118,847.40 on the taxable parcels located in the CFD for Fiscal Year 2007-08 as set forth on a magnetic tape to be provided by NBS to the Auditor-Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 03-05 and Ordinance No. TPFA 03-01, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 03-05 the Indenture of Trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 7. The Auditor-Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-1 (Crowne Hill)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTElDly the Board of Directors of the Temecula Public Financing Authority this 24th day of July , 2007. Chuck Washington, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 07- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 24th day of July, 2007, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary CITY OF TEMECULA Community Facilties District No. 03-1 (Crowne Hill) Fiscal Year 2007108 Cost Recovery Analysis I Description I 2007/08 Amount I 2006/07 Amount I Increase/(Decrease) I Principal Series A $215,00000 $210,00000 $5,00000 Principal Series B 40,00000 35,00000 5,00000 I nterest Series A 644,11126 651,461.26 (7,350.00) I nterest Series B 185048.76 186081.26 (1 032.50 Subtotal $1,084,16002 $1,082,54252 $1,61750 Agency administrative costs $18,00000 $18,00000 $0.00 Trustee/Paying Agent costs 7,40000 7,20000 200.00 County collection fees(1) 286.56 410.00 (12344) Arbitrage calculation costs 0.00 0.00 0.00 Conti n ui ng d isclosu re/d issemi nation 1,33250 1,25000 82.50 Administration costs 6,12000 6,00000 120.00 Administration expenses 200.00 500.00 (300.00) Other costs 0.00 0.00 0.00 Subtotal $33,33906 $33,36000 ($20.94) Delinquency management charges $1,35500 $1,32000 $35.00 Manual adjustments 0.00 0.00 0.00 Construction Fund credit 0.00 0.00 0.00 Reserve Fund credit 0.00 0.00 0.00 Redemption Fund credit 0.00 0.00 0.00 Rounding adjustment (668) (4301 .~ Subtotal $1,34832 $1,31570 $32.62 ITotal Annual Levy 1 $1,118,847.40 1 $1,117,218.221 $1,629.181 ICounty Apportionment(2) 1 $1,118,560.84 1 $1,116,808.22 1 $1,752.62 I IParcels levied 1 7961 7771 191 (1) Total Annual Levy will be reduced by the collection fee taken by the County Auditor-Controller. County collection charge was reduced to 36 cents per parcel for FY 2007/08. (2) Amount to be disbursed by Tax Collector if 1 00% collection is made. I Fund/Account 1 6/30/07 Balance 1 5/31/06 Balance 1 Notes I Special Tax Fund $689,86179 $186,54824 Improvement Fund 0.00 1,002,72419 Acquisition A 1,417,76974 1,341,47303 Acquisition B 3,580,36867 3,409,25749 Bond Fund 0.34 83.56 Reserve Fund A 863,90001 863,90430 Reserve Fund B 240,14053 228,43021 Cal Trans Improvement Fund 0.00 534,61058 Administrative Account 142,80533 133,44753 Other 0.00 ITotal 1 $6,934,846.41 1 $7,700,479.131 1 Levv Aooroval Signature Date Ii - I. ITEM NO. 25 I I Approvals City Attorney Director of Finance City Manager ~ IJIL ua..... TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 24, 2007 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 01-2 (Harveston) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON) BACKGROUND: The Temecula Public Financing Authority (the "Authority') was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency to assist in the refinancing of the Winchester Hills CFD 98-1. The Winchester Hills 98-1 CFD was originally established to refinance delinquent assessments and to prepay and discharge all future assessment liens on properties within the District levied by the County of Riverside acting through its Assessment District 161 and Assessment District 156. On December 11, 2001, the Authority adopted two resolutions of intention relative to a proposed community facilities district (the "District"). The resolutions of intention called for public hearings on the formation of the District, the levy of special taxes therein, and the issuance of bonded indebtedness for the District. On March 26, 2002, resolutions were adopted forming the District and declaring the necessity to incur bonded indebtedness. On August 13, 2002, the Authority Board of Directors approved a resolution authorizing the issuance of special tax bonds. On August 28, 2002, special variable rate tax bonds in the amount of $17,310,000were issued. The proceeds of the bonds were applied to the pay the redemption price of $11,025,000 of the 1998 Winchester Hills bonds and to establish an escrow fund for the payment of $560,000 of the 1998 bonds on their sinking fund payment dates or maturity date. On July 11 , 2006, the Authority Board of Directors approved a resolution authorizing the issuance of the special tax refunding bonds. On September 1,2006, special tax refunding bonds in the amount of $17,545,000 were issued. The proceeds of the bonds were applied to refund the special variable rate tax bonds issued on August 28, 2002. Although the total annual levy has increased as a result of the conversion to fixed rate bonds, residential property owners in this district will continue to have level tax payments. With variable rate bonds, only owners of developed property were subject to the special tax, but since the conversion to fixed rate bonds, owners of undeveloped property now share the tax burden. The maximum special tax rate for developed property remains the same. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District. The special tax levy, as calculated by the City's Special Tax Consultant, required for the 2007-08 fiscal year is $1 ,331 ,043.85, which is the sum ofCFD 01-2 A & B (as noted in exhibits). FISCAL IMPACT: $1,331,043.85. ATTACHMENTS: The calculated special tax levy required for the 2007-08 fiscal year is Resolution No. TPFA 07-_ Cost Recovery Analysis RESOLUTION NO. TPFA 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 01-2 (Harveston) (the "CFD"), created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act"). Section 2. The Board of Directors has enacted Ordinance No. TPFA 02-01 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 02-03 and Ordinance No. TPFA 02-01, there is to be levied an aggregate special tax of $1,331,043.85 on the taxable parcels located in the CFD for Fiscal Year 2007-08 as set forth on a magnetic tape to be provided by NBS to the Auditor-Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 02-03 and Ordinance No. TPFA 02-01, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 02-03 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 7. The Auditor-Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 01-2 (Harveston)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 24th day of July , 2007. Chuck Washington, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 07- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 24th day of July, 2007, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary CITY OF TEMECULA Community Facilities District No. 01-2 Special Tax A (Harveston) Fiscal Year 2007/08 Cost Recovery Analysis Description 2007/08 Amount 2006/07 Amount Increasel(Decrease) Principal $310,000.00 $300,000.00 $10,000.00 Interest 766 043.76 777918.76 (11 875.00 Subtotal $1,076,043.76 $1,077,918.76 ($1,875.00) Agency admi nistrative costs $25,000.00 $25,000.00 $0.00 Trustee/Paying Agent costs 3,300.00 4,400.00 (1,100.00) County collection fees(1) 370.80 570.00 (199.20) Arbitrage calculation costs 0.00 0.00 0.00 Continuing disclosure/dissemination 1,332.50 1,250.00 82.50 Administration costs 7,140.00 7,000.00 140.00 Administration expenses 200.00 500.00 (300.00) other costs 0.00 0.00 0.00 Subtotal $37,343.30 $38,720.00 ($1,376.70) Delinquency management charges $862.96 $735.00 $127.96 Rounding adjustment (432) (262) (1.70 Subtotal $858.64 $732.38 $126.26 Total Annual Levy $1,114,245.70 $1,117,371.14 ($3,125.44) Countv Apportionment(21 $1,113,874.90 $1,116,801.14 ($2,926.24 Parcels levied 1,030 1,295 (265 (1) Total Annual Levy will be reduced by the collection fee taken by the County Auditor-Controller. County collection charge was reduced to 36 cents per parcel for FY 2007/08. (2) Amount to be disbursed by Tax Collector if 100% collection is made. Fund/Account 6/30/07 Balance 5/31/06 Balance NoteS Special Tax Fund $639,291.72 $469,918.95 Bond Fund 189,470.83 7,88147 Improvement Fund 247,811.77 2,912,13745 Redemption Fund 0.00 0.00 Reserve Fund 665,976.08 0.00 Interest Diff. 0.00 137,163.97 Administrative Accl. 0.00 210,008.56 Conversion Expense 0.00 608,117.89 Total $1,742,550.40 $4,345,228.29 Levv Approval Signature Date CITY OF TEMECULA Community Facilities District No. 01-2 Special Tax B (Harveston) Fiscal Year 2007/08 Cost Recovery Analysis I Description I 2007/08 Amount I 2006/07 Amount I Increase/(Decrease) I Principal $0.00 $0.00 $0.00 Interest 0.00 0.00 0.00 Subtotal $0.00 $0.00 $0.00 Agency administrative costs $9,500.00 $9,500.00 $0.00 Trustee/Paying Agent costs 0.00 0.00 0.00 County collection fees(1) 539.64 655.50 (115.86) Park Maintenance 206,758.51 149,826.65 56,931.87 Administration costs 0.00 0.00 0.00 Administration expenses 0.00 0.00 0.00 Other costs 0.00 0.00 0.00 Subtotal $216,798.15 $159,982.14 $56,816.01 Manual adjustments 0.00 0.00 0.00 Rounding adjustment 0.00 (292) 2.92 Subtotal $0.00 ($2.92) $2.92 ITotal Annual Levy I $216,798.151 $159,979.22 1 $56,818.931 ICounty Apportionment(2) I $216,258.51 1 $159,323.731 $56,934.781 IParcels levied I 1,499 1 1,2941 2051 (1) Total Annual Levy will be reduced by the collection fee taken by the County Auditor-Controller. County collection charge was reduced to 36 cents per parcel for FY 2007/08. (2) Amount to be disbursed by Tax Collector if 100% collection is made. 1 Fund/Account I 6/30/07 Balance 1 5/31/06 Balance 1 Notes 1 Service Fund $309,953.21 $394,572.04 Other 0.00 ITotal I $309,953.21 1 $394,572.04 1 1 Levv Approval Signature Date Ii - I. ITEM NO. 26 I I Approvals City Attorney Director of Finance City Manager V 1112- CJI:l- TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 24, 2007 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-6 (Harveston II) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-6 (HARVESTON II) BACKGROUND: The Temecula Public Financing Authority (the "Authority') was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On October 22, 2003, the Authority adopted two resolutions of intention relative to a proposed community facilities district (the "District"). The resolutions of intention called for public hearings on the formation of the District, the levy of special taxes therein, and the issuance of bonded indebtedness for the District. On November 25, 2003, resolutions were adopted forming the District and declaring the necessity to incur bonded indebtedness. On August 10, 2004, the Authority Board of Directors approved a resolution authorizing the issuance of special tax bonds. On August 26, 2004, special tax bonds in the amount of $4,845,000 were issued. The proceeds of the bonds will be used to finance various public improvements specified in the CFD proceedings. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District. The special tax levy, as calculated by the City's Special Tax Consultant, required for the 2007-08 fiscal year is $362,479.67. FISCAL IMPACT: $362,479.67. The calculated special tax levy required for the 2007-08 fiscal year is ATTACHMENTS: Resolution No. TPFA 07-_ Cost Recovery Analysis RESOLUTION NO. TPFA 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-6 (HARVESTON II) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-6 (Harveston II) (the "CFD"), created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act"). Section 2. The Board of Directors has enacted Ordinance No. TPFA 03-03 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 03-27 and Ordinance No. TPFA 03-03, there is to be levied an aggregate special tax of $362,479.67 on the taxable parcels located in the CFD for Fiscal Year 2007-08 as set forth on a magnetic tape to be provided by NBS to the Auditor-Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 03-27 and Ordinance No. TPFA 03-03, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 03-27 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 7. The Auditor-Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-6 (Harveston II)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 24th day of July , 2007. Chuck Washington, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 07- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 24th day of July, 2007, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary CITY OF TEMECULA Community Facilities District No. 03-06 (Harveston II) Fiscal Year 2007/08 Cost Recovery Analysis Description 2007/08 Amount 2006/07 Amount Increase/(Decrease) Principal $90,000 00 $85,00000 $5,00000 Interest 246157.50 248537.50 (2380.00 Subtotal $336,15750 $333,537 50 $2,62000 Agency administrative costs $15,00000 $15,00000 $0.00 Trustee/Paying Agent costs 3,70000 4,50000 (80000) County collection fees(1) 433.44 550.00 (11656) Arbitrage calculation costs 0.00 0.00 0.00 Continuing disclosure/dissemination 1,33250 1,25000 82.50 Administration costs 5,61000 5,50000 110.00 Administration expenses 200.00 500.00 (30000) Other costs 0.00 0.00 0.00 Subtotal $26,27594 $27,30000 ($1,02406) Delinquency management charges $46.23 $0.00 $46.23 Manual adjustments 0.00 0.00 0.00 Construction Fund credit 0.00 0.00 0.00 Reserve Fund credit 0.00 0.00 0.00 Redemption Fund credit 0.00 0.00 0.00 Rounding adjustment 0.00 (282) 2.82 Subtotal $46.23 ($282) $49.05 Total Annual Levy $362,479.67 $360,834.68 $1,644.99 County Apportionnnent(2) $362,046.23 $360,284.68 $1,761.55 Parcels levied 1,204 1,054 150 (1) Total Annual Levy will be reduced by the collection fee taken by the County Auditor-Controller. County collection charge was reduced to 36 cents per parcel for FY 2007/08. (2) Amount to be disbursed by Tax Collector if 100% collection is made. Fund/Account 6/30/07 Balance 5/31/06 Balance Notes Special Tax Fund $169,77001 $68,03913 Improvement Fund 478,339.44 1,759,323.41 Bond Fund 0.02 3,182.49 Reserve Fund 351,348.47 352,36295 Administrative Account 31,14910 24,574.40 Other 0.00 0.00 Total $1,030,607.04 $2,207,482.38 Levv Approval Signature Date Ii - I. ITEM NO. 27 I I Approvals City Attorney Director of Finance City Manager JM.f"" /J12 (JU..., TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 24, 2007 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-2 (Roripaugh Ranch) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-2 (RORIPAUGH RANCH) BACKGROUND: The Temecula Public Financing Authority was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On August 24, 2004, the Authority adopted a resolution of intention relative to a proposed community facilities district (the "District"). The resolution of intention called for public hearings on the formation of the District, the levy of special taxes therein, and the issuance of bonded indebtedness for the District. On January 11 , 2005, resolutions were adopted forming the District and declaring the necessity to incur bonded indebtedness. On February 28, 2006, the Authority Board of Directors approved a resolution authorizing the issuance of special tax bonds in an amount up to $55,000,000. On April 13, 2006, special tax bonds in the amount of $51 ,250,000 were issued. The proceeds of the bonds were used to eliminate a County special assessment lien on the land in the CFD and to finance various public improvements specified in the CFD proceedings. The bonds are special, limited obligations of the Authority, secured solely by the special taxes levied in the District and a letter of credit provided by the Developer. The maximum special tax levy, as calculated by the City's Special Tax Consultant, required for the 2007-08 fiscal year is $3,542,199.03. FISCAL IMPACT: fiscal year is $3,542,199.03. ATTACHMENTS: The calculated maximum special tax levy required for the 2007-08 Resolution No. TPFA 07-_ Cost Recovery Analysis RESOLUTION NO. TPFA 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-2 (RORIPAUGH RANCH) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-2 (Roripaugh Ranch) (the "CFD"), created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act"). Section 2. The Board of Directors has enacted Ordinance No. TPFA 05-01 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 05-01 and Ordinance No. TPFA 05-01, there is to be levied an aggregate special tax of $3,542,199.03 on the taxable parcels located in the CFD for Fiscal Year 2007-08 as set forth on a magnetic tape to be provided by NBS to the Auditor-Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 05-1 and Ordinance No. TPFA 05-01, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 05-01 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 7. The Auditor-Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-2 (Roripaugh Ranch)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 24th day of July , 2007. Chuck Washington, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 07- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 24th day of July, 2007, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary CITY OF TEMECULA Community Facilities District No. 03-02 (Roripaugh Ranch) Fiscal Year 2007108 Cost Recovery Analysis I Description I 2007/08 Amount I 2006/07 Am ou nt I Increase/(Decrease) I Principal $795,00000 $765,00000 $30,00000 Interest 2704995.00 2735595.00 (30600.00 Subtotal $3,499,99500 $3,500,59500 ($600.00) Agency administrative costs $30,00000 $30,00000 $0.00 Trustee/Paying Agent costs 2,20000 2,55000 (350.00) County collection fees(1) 18702 190.00 (2.98) Arbitrage calculation costs 0.00 0.00 0.00 Continuing disclosure/dissemination 1,33250 1,25000 82.50 Administration costs 8,16000 8,00000 160.00 Administration expenses 250.00 500.00 (250.00) Other costs 0.00 0.00 0.00 Subtotal $42,12952 $42,49000 ($360.48) Delinquency management charges $75.00 $0.00 $75.00 Manual adjustments 0.00 0.00 0.00 Construction Fund credit 0.00 0.00 0.00 Reserve Fund credit 0.00 0.00 0.00 Redemption Fund credit 0.00 0.00 0.00 Rounding adjustment (0.49) (208) 1.59 Subtotal $74.51 ($2.08) $0.00 ITotal Annual Levy 1 $3,542,199.03 1 $3,543,082.92 1 ($883.89)1 Icounty Apportionment(2) 1 $3,542,012.01 1 $3,542,892.92 1 ($880.91 )1 IParcels levied 1 3181 3091 91 (1) Total Annual Levy will be reduced by the collection fee taken by the County Auditor-Controller. County collection charge was reduced to 36 cents per parcel for FY 2007/08. (2) Amount to be disbursed by Tax Collector if 1 00% collection is made. I Fund/Account 1 6/30/07 Balance 1 5/31/06 Balance 1 Notes 1 Special Tax Fund $322,66360 $0.00 Improvement Fund 1,117,69953 1,063,19523 Cap Interest Fund 0.00 942,69073 Acquisition Fund 39,687,54786 37,752,19632 Reserve Fund 3,685,15535 3,505,451.83 EMWD Improvement Fund 1,452,47510 1,381,64556 Public Works Fund 688,70160 680,310.48 Cost of Issuance Fund 0.00 79,96075 Other 170,63364 59,99475 ITotal 1 $47,124,876.681 $45,465,445.651 1 Levv Approval Signature Date Ii - I. ITEM NO. 28 I I Approvals City Attorney Director of Finance City Manager ~ IJIZ Ck1..- TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 24, 2007 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-3 (Wolf Creek) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-3 (WOLF CREEK) BACKGROUND: The Temecula Public Financing Authority (the "Authority') was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On July 22, 2003, the Authority adopted a resolution of intention relative to a proposed community facilities district (the "District). The resolution of intention called for public hearings on the formation of the District, the levy of special taxes therein and the issuance of bonded indebtedness for the District. On October 28,2003, resolutions were adopted forming the District and declaring the necessity to incur bond indebtedness. On November 18, 2003, the Authority Board of Directors approved a resolution authorizing the issuance of special tax bonds. On December 18, 2003, special tax bonds in the amount of $30,990,000 were issued. Proceeds of the bonds in the amount of $4,409,530 were used to discharge the assessment liens on property in the District for the County's Assessment District No. 159. Additional proceeds are being used to finance various public improvements specified in the CFD proceedings. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District. The special tax levy, as calculated by the City's Special Tax Consultant, required for the 2007-08 fiscal year is $2,211 ,466.52. FISCAL IMPACT: $2,211,466.52. ATTACHMENTS: The calculated special tax levy required for the 2007-08 fiscal year is Resolution No. TPFA 07-_ Cost Recovery Analysis RESOLUTION NO. TPFA 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-3 (WOLF CREEK) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-3 (Wolf Creek) (the "CFD"), created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act"). Section 2. The Board of Directors has enacted Ordinance No. TPFA 03-02 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 03-22 and Ordinance No. TPFA 03-02, there is to be levied an aggregate special tax of $2,211,466.52 on the taxable parcels located in the CFD for Fiscal Year 2007-08 as set forth on a magnetic tape to be provided by NBS to the Auditor-Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 03-22 and Ordinance No. TPFA 03-2, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 03-22 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 7. The Auditor-Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-3 (Wolf Creek)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 24th day of July , 2007. Chuck Washington, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 07- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 24th day of July, 2007, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary CITY OF TEMECULA Community Facilities District No. 03-03 (Wolf Creek) Fiscal Year 2007108 Cost Recovery Analysis I Description I 2007/08 Amount I 2006/07 Amount I Increase/(Decrease) I Principal $540,00000 $525,00000 $15,00000 Interest 1627915.00 1 643665.00 (15750.00 Subtotal $2,167,91500 $2,168,66500 ($750.00) Agency administrative costs $30,00000 $30,00000 $0.00 Special Tax B(1) 0.00 $000 0.00 Trustee/Paying Agent costs 4,70000 5,50000 (800.00) County collection fees(2) 799.98 800.00 (0.02) Arbitrage calculation costs 0.00 0.00 0.00 Continuing disclosure/dissemination 1,33250 1,25000 82.50 Administration costs 5,61000 5,50000 110.00 Administration expenses 200.00 500.00 (300.00) Other costs 0.00 0.00 0.00 Subtotal $42,64248 $43,55000 ($907.53) Delinquency management charges $909.19 $0.00 $909.19 Manual adjustments 0.00 0.00 0.00 Construction Fund credit 0.00 0.00 0.00 Reserve Fund credit 0.00 0.00 0.00 Redemption Fund credit 0.00 0.00 0.00 Rounding adjustment m 0.00 .lQJ2] Subtotal $909.04 $000 $909.04 ITotal Annual Levy 1 $2,211,466.52 1 $2,212,215.00 1 ($74848)1 ICounty Apportionment(3) 1 $2,210,666.54 1 $2,211,415.00 1 ($74846)1 IParcels levied 1 1,5951 1,5951 01 (1) For Fiscal Year 2007/08, the Maximum Special Tax B that can be levied is $108,243.22. (2) Total Annual Levy will be reduced by the collection fee taken by the County Auditor-Controller. County collection charge was reduced to 36 cents per parcel for FY 2007/08. (3) Amount to be disbursed by Tax Collector if 1 00% collection is made. I Fund/Account 1 6/30/07 Balance 1 5/31/06 Balance 1 Notes 1 Special Tax Fund $1,188,61741 $916,22152 Improvement Fund 2,973,66898 4,040,12945 Cap Interest Fund 0.00 12.80 EMWD Improvement Fund 849,32781 3,831,28981 Acquisition Account 8,620,46700 10,469,71118 Reserve Fund 2,171,12000 2,171,12002 Bond Fund 0.51 12506 Admin Account 185,47553 104,72498 Other 254,33797 0.00 ITotal I $16,243,015.21 I $21,533,334.82 I I Levv Approval Signature Date COUNCIL BUSINESS Ii - I. ITEM NO. 29 I I Approvals City Attorney Director of Finance City Manager V 11/2 ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: July 24, 2007 SUBJECT: Ordinance 2007-_ Prima Facie Speed Limits on Certain Streets PREPARED BY: Ali Moghadam, Principal Engineer - Traffic RECOMMENDATION: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA , AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS BACKGROUND: The California Vehicle Code requires local authorities to establish, review and reaffirm or adjust speed limits within their jurisdiction on the basis of an Engineering and Traffic Survey. The required speed limit survey provides the mechanism forthe legal enforcement of the posted speed limit by the use of radar or any other electronic speed-measuring device. As defined in the California Vehicle Code, an engineering and traffic survey is "a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities." The survey shall include, but not be limited to, consideration of prevailing speeds as determined by traffic engineering measurements, accident statistics, and highway, traffic, and roadside conditions not readily apparent to the driver. These characteristics are all considered when determining a reasonable and prudent posted speed limit. It should be noted that establishing a speed limit, which is not consistent with the 85'h percentile speed, constitutes a "speed trap" and is not enforceable by the use of radar or any other electronic speed- measuring device. In August 2006, the City Council considered a similar Engineering and Traffic Survey performed on thirty (30) major and secondary arterial roadways that included approximately one hundred and twenty-six (126) segments. The current Engineering and Traffic Survey includes forty (40) arterial and collector roadways at approximately sixty-nine (69) segments. These segments were not included in the previous survey because some did not exist, were under construction, or the characteristics of the roadway had not changed significantly to warrant a survey. The current survey indicates the majority of posted speed limits do not require a change, and the recommended speed limits are consistent with the existing speed limits. There are however, five (5) locations where a decrease in the posted speed limit is being recommended. The locations are: D Mira Loma Drive - Rancho Vista Road (E) to Rancho Vista Road (W) D Vallejo Avenue - La Paz Street to Ynez Road D Vallejo Avenue - Ynez Road to Cabrillo Avenue D Cabrillo Avenue - Jedediah Smith Road to Vallejo Avenue D Wolf Valley Road - Pechanga Parkway to Wolf Creek Drive 30 MPH to 25 MPH 35 MPH to 30 MPH 35 MPH to 30 MPH 35 MPH to 30 MPH 55 MPH to 45 MPH The survey indicates there are three (3) locations where the 85'h percentile speed has increased from the previous survey and an increase in the posted speed limit is being recommended. The locations are: D Nicolas Road - Calle Medusa to Calle Girasol D Pechanga Parkway - Wolf Valley Road to Pechanga Casino South D Pechanga Parkway Pechanga Casino South to South City Limits 30 MPH to 40 MPH 40 MPH to 45 MPH 40 MPH to 45 MPH The recommended increases will make the speed limit consistent with 85'h percentile speeds observed, thereby eliminating the perception of a "speed trap" and providing an enforceable posted speed limit. At their meeting of June 28, 2007, the Public/Traffic Safety Commission considered the proposed speed limits and recommended that the City Council amend Section 10.28.01 OlD) of the Temecula Municipal Code to establish the posted speed limits as shown in Exhibit "A". FISCAL IMPACT: Adequate funds are available in Public Works Signs Account No. 001-164-602-5244 and Striping/Stenciling Account No. 001-164-602-5410. ATTACHMENTS: 1. 2. Ordinance 2007-_ Exhibit "A" - Affected Roadway Segments ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.01(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 10.28.010(D) of the Temecula Municipal Code is hereby amended as follows to modify the declared prima facie speed limits only on the following streets: Name of Street and Portion Affected Declared Prima Facie Speed Limit Miles Per Hour Amarita Way. Pio Pico Road to McCabe Drive 40 Avenida De Missiones Route 79 South to Via Rio Temecula Road 35 Business Park Drive Rancho California Road (E) to Rancho California Road (W) 35 Cabrillo Avenue Jedediah Smith Road to Vallejo Avenue 30 Campanula Way De Portola Road (E) to Meadows Parkway 40 Campanula Way Meadows Parkway to De Portola Road (W) 30 Channel Street Butterfield Stage Road to Chaote Street 30 Country Glen Way Route 79 South to Via Rio Temecula Road 35 Date Street Ynez Road to Lakeview Road 50 Date Street Lakeview Road to Margarita Road 45 Date Street Margarita Road to East City Limit 40 Del Rey Road Via Norte to Avenida Del Reposo 35 Del Rio Road Jefferson Avenue ~o Via Montezuma 35 First Street Old Town Front Street to Pujol Street 30 Harveston Drive Harveston Way to Lakeview Road 35 Harveston Drive Lakeview Road to Harveston School Road 30 Harveston Drive Harveston School Road to Township Road 25 Harveston School Road Harveston Drive to Margarita Road 25 Harveston Way Harveston Drive to Margarita Road 35 Jedediah Smith Road Route 79 South to Ynez Road 35 Jedediah Smith Road Ynez Road to Margarita Road 40 La Paz Street Route 79 South to Ynez Road 35 Lakeview Road Harveston Drive to Date Street 30 Leena Way Montelegro Way to Campanula Way 40 Mira Lorna Drive Rancho Vista Road (E) to Rancho Vista Road (W) 25 Montelegro Way Pio Pico Road to McCabe Drive 40 North General Kearney Road Margarita Road to Calle Pina Colada 40 Nicolas Road Winchester Road to Calle Medusa 45 Nicolas Road Calle Medusa to Calle Girasol 40 Pauba Road Ynez Road to Margarita Road 45 Pechanga Parkway Wolf Valley Road to South City Limits 45 Pio Pico Road De Portola Road to Margarita Road 30 Pio Pico Road Margarita Road to Amarita Way 35 Preece Lane Ynez Road (N) to Ynez Road .(S) 30 Rainbow Canyon Road Pechanga Parkway to South City Limits 40 Roripaugh Road Winchester Road to Nicolas Road 25 Royal Crest Place Butterfield Stage Road to Crowne Hill Drive 35 Santiago Road Margarita Road to Amarita Way 35 Santiago Road Old Town Front Street to Ynez Rpad 35 Solana Way Ynez Road to Margarita Road 40 Solana Way Margarita Road to Del Rey Road 45 Township Road Harveston Drive to Village Road 25 Vallejo Avenue La Paz Street to Santiago Road 35 Vallejo Avenue La Paz Street to Cabrillo Avenue 30 Via Montezuma Jefferson Avenue to Del Rio Road 30 Via Norte Solana Way to Avenida Del Reposo 35 Via Rio Temecula Avenida De Missions to Redhawk Parkway 40 Village Road Township Road to Harveston Way 25 Wallaby Way Wolf Valley Road to Seagull Way 30 Wolf Valley Road Pechanga Parkway to Redhawk Parkway 45 Ynez Road Equity Drive to Date Street 45 Section 2. Severabilitv. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 3. The City Council shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of July, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City Of Temecula, do hereby certify that the foregoing Ordinance No. 07- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 24th day of July, 2007, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of August, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ITEM NO. 30 Approvals City Attorney Director of Finance City Manager ~ IJIl co...- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: July 24, 2007 SUBJECT: Amendment to Cable, Video, and Telecommunications Ordinance PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 5.12 ("CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICES PROVIDERS") OF TITLE 5 OF THE TEMECULA MUNICIPAL CODE BY ADDING A NEW ARTICLE 8 BACKGROUND: Chapter 5.12 of the Temecula Municipal Code regulates the provision of cable services within the City of Temecula. On November 18, 2003, the City Council repealed the then existing Chapter 5.12, adopted shortly after incorporation, and replaced it with a more comprehensive and updated Ordinance. The provisions of the new Ordinance integrated existing state and federal laws pertaining to cable and telecommunications regulations and addressed the dramatic technology changes that had occurred in the years following incorporation. On September 29, 2006, Assembly Bill 2987 was signed by Governor Schwarzenegger and chaptered as the Digital I nfrastructure and Video Competition Act of 2006 (DIVCA) The new state law creates several changes in cable and video franchising procedures. Some provisions of the new state law are: D Beginning January 2, 2008, the Public Utilities Commission (PUC) becomes the sole agency to issue state franchises to provide video services. D City issued franchises may continue until their expiration date, at which time the franchisee must seek a state video franchise. D State video franchise holders are required to provide public, educational, and governmental (PEG) access channels to local entities. D Franchise fee payment procedures are established that provide for a 5% franchise payment to local entities. D A PEG support fee of 1 % of gross revenues is established. D A local annual audit of franchisees is authorized. D Local entities Maintain control of rights-of-way, encroachment permit procedures, and has the imposition of CEQA requirements. D Customer service standards and penalties for non-compliance are authorized. After reviewing the City's existing Ordinance, the City Attorney's office has recommended that the City amend the Ordinance by adding a new Article addressing the provisions of DIVCA. This recommendation is made to ensure that the City is in compliance with current state laws and will be prepared to administer the local aspects of new state video franchises as they are granted by the PUC. Copies of the proposed Ordinance have been provided to Time Warner Cable and Verizon, which are the two cable providers currently offering video service within the City. Adoption and inclusion of the new Article within Chapter 5.12 of the Municipal Code will position the City to administer locally- approved cable franchises and new state video franchises as they are authorized by the PUC. FISCAL IMPACT: Adoption of this amendment to the City's Cable, Video, and Telecommunications Ordinance will ensure compliance with state law and guarantee the City's ability to continue collection of franchise and PEG support fees. Cable franchise fees for FY 07/08 have been budgeted in an amount of $604,000. ATTACHMENTS: Amendment Proposed Cable, Video, and Telecommunications Ordinance ORDINANCE NO. 07- AN ORDINANCE OF THE CITY OF TEMECULA AMENDING CHAPTER 5.12 ("CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICE PROVIDERS") OF TITLE 5 OF THE TEMECULA MUNICIPAL CODE BY ADDING A NEW ARTICLE 8 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.12 of Title 5 ("Cable, Video, and Telecommunications Service Providers") of the Temecula Municipal Code is amended by adding a new Article 8 to read as follows: ARTICLE 8. SPECIAL PROVISIONS APPLICABLE TO HOLDERS OF STATE VIDEO FRANCHISES 5.12.200. Fee for SUDDort of PEG Access Facilities and Activities A. A fee paid to the City is hereby established for the support of public, educational, and governmental access facilities and activities within the City, which fee shall be paid by any new City-franchised cable operator and by state video franchise holders operating within the City. Unless a higher percentage is authorized by applicable state or federal law, this fee shall be one percent (10'0) of a franchisee's gross revenues derived from the provision of video services within the City. TIle ternl "gross revenues" shall be defined as set forth in California Public Utilities Code section 5860. B. TIle fee established by this section shall be remitted quarterly to the City Treasurer and must be received not later than 45 days after the end of the preceding calendar quarter. The fee payment shall be accompanied by a summary that describes all sources of the gross revenues upon which the fee is based, which summary must be verified by a responsible financial officer or employee oCthe video service provider. 5.12.210 Franchise Fee A state video franchise holder operating in the City shall pay to the City a franchise fee that is equal to five percent (500) oCthe gross revenues of that state video franchise holder. The term "gross revenues" shall be defined as set forth in Public Utilities Code section 5860. 5.12.220 Audit Authoritv Not more than once annually, the City may examine and perform an audit oCthe business records of a holder of a state video franchise to ensure compliance with all applicable statutes and regulations related to the computation and payment of franchise fees. l1086-0068\976521vl doc 5.12.230 Customer Service Penalties Under State Video Franchises A. TIle holder of a state video franchise shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service. B. TIle City shall monitor a state video franchise holder's compliance with state and federal customer service and protection standards. TIle City will provide to the state video franchise holder written notice of any material breaches of applicable customer service and protection standards, and will allow the state video franchise holder 30 days from receipt ofthe notice to remedy the specified material breach. Material breaches not remedied within the 30- day time period will be subject to the following monetary penalties to be imposed by the City in accordance with state law: 1. For the first occurrence of a violation, a monetary penalty of $500 shall be imposed for each day the violation remains in effect, not to exceed $1,500 for each violation. 2. For a second violation of the same nature within 12 months, a monetary penalty of $1,000 shall be imposed for each day the violation remains in effect, not to exceed $3,000 for each violation. 3. For a third or further violation ofthe same nature within 12 months, a monetary penalty of $2,500 shall be imposed for each day the violation remains in effect, not to exceed $7,500 for each violation. C. A state video franchise holder may appeal a monetary penalty assessed by the City within 60 days. After relevant evidence and testimony is received, and staff reports are submitted, the City Council will vote to either uphold or vacate the monetary penalty. The City Council's decision on the imposition of a monetary penalty shall be final. 5.12.240 City ResDonse to State Video Franchise ADDlications A. Applicants for state video franchises within the boundaries ofthe City must concurrently provide to the City complete copies of any application or amendments to applications filed with the California Public Utilities Commission. One complete copy must be provided to the City Clerk. B. The City will provide any appropriate comments to the California Public Utilities Commission regarding an application or an amendment to an application for a state video franchise. 5.12.250 PEG Access Channel CaDacitv A. A state video franchise holder that uses the public rights-of-way shall designate sufficient capacity on its network to enable the carriage of at least three public, educational, or govenmlental (PEG) access chmmels. B. Additional requirements relating to PEG access channels are as follows: 2 11086-0068\976521 vl.doc 1. A state video franchise holder is subject to payment of the PEG support fee specified above in Section 5.20.510. 2. PEG access channels shall be for the exclusive use ofthe City or its designees to provide public, educational, or govenmlental programming. 3. Advertising, underwriting, or sponsorship recognition may be carried on the PEG access channels for the purpose of funding PEG-related activities. 4. TIle PEG access channels shall be carried on the basic service tier. 5. To the eJ\.1:ent feasible, the PEG access channels shall not be separated numerically from other channels carried on the basic service tier, and the channel numbers for the PEG access channels shall be the same channel numbers used by the incumbent cable operator unless prohibited by federal law. 6. After the initial designation of PEG access channel numbers, the channel numbers shall not be changed without the prior written consent of the City, unless the change is required by federal law. 7. Each PEG access channel shall be capable of carrying a National Television System Committee (NTSC) television signal. 5.12.260 Interconnection Where technically feasible, a state video franchise holder and incumbent cable operator shall negotiate in good faith to interconnect their networks for the purpose of providing PEG access channel programming. Interconnection may be accomplished by direct cable, microwave link satellite, or other reasonable method of connection. State video franchise holders and incumbent cable operators shall provide intercOlmection ofthe PEG access channels on reasonable ternlS and conditions and may not withhold the interconnection. If a state video franchise holder and an incumbent cable operator cannot reach a mutually acceptable interconnection agreement, the City may require the incumbent cable operator to allow the state video franchise holder to interconnect its network with the incumbent's network at a technically feasible point on the holder's network as identified by the holder. If no technically feasible point for interconnection is available, the state video franchise holder shall make an interconnection available to the channel originator and shall provide the facilities necessary for the interconnection. TIle cost of any interconnection shall be borne by the state video franchise holder requesting the interconnection unless otherwise agreed to by the parties. 5.12.270 Emerl'encv Alert Svstem and Emer!!encv Override~ A state video tranchise holder must comply with the Emergency Alert System requirements ofthe Federal Communications Commission in order that emergency messages may be distributed over the holder's network. Provisions in City-issued franchises authorizing the City to provide local emergency notifications shall remain in effect, and shall apply to all state video franchise holders in the City for the duration of the City-issued franchise, or until the ternl ofthe franchise would have expired had it not been ternlinated pursuant to subdivision (m) 3 11080-0068\976521 vl.doc of Section 5840 ofthe Califomia Public Utilities Code, or until January I, 2009, whichever is later. 5.12.280 Encroachment Penuit Annlications A. As used in this section, the teml "encroachment pemlit" means any pemlit issued by the City relating to constmction or operation of facilities by the holder of a state video franchise. B. TIle City shall either approve or deny an application from a holder of a state video franchise for an encroachment pemlit within 60 days of receiving a completed application. C. Ifthe City denies an application for an encroachment pemlit, the City shall, at the time of notifying the applicant of the denial, fumish to the applicant a detailed explanation of the reason for the denial. An applicant may appeal the City's denial of an encroachment permit application to the City Council in accordance with the provisions of Chapter 2.26 of Title 2 of this Code. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remainder ofthe Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section subsection, sentence, clause, phrase, or portion thereof, irrespective ofthe fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 4. Effective Date. TIlis ordinance shall become effective thirty (30) days after its adoption. 4 11086-0068\976521 vl.doc SECTION 5. Publication. TIle City Clerk is directed to certify to the adoption of this ordinance and to cause this ordinance to be published or posted as required by law. PASSED, APPROVED and ADOPTED on ,2007 MAYOR ATTEST: CITY CLERK 5 11086-0068\976521 vl.doc I~-- . , II ITEM NO. 31 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager ~ IJIL (Ja.., CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: July 24, 2007 SUBJECT: An Ordinance to Amend the Provisions of Ordinance 07-04 Regulating Smoking in Multi-Unit Residences and to Amend the Provisions of Ordinance 07-05 Regulating Smoking in Public Places and the Workplace PREPARED BY: Emery J. Papp, Senior Planner RECOMMENDATION: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 8.36.020, 8.36.030, AND 17.30.020 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO SMOKING 2. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 8.36.020, 8.36.030, AND 17.30.020 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO SMOKING BACKGROUND: On February 7, 2007, two proposed non-smoking Ordinances, sponsored by a City Council Subcommittee consisting of Mayor Chuck Washington and Mayor Pro Tem Mike Naggar, were presented to the Planning Commission for review and a recommendation of approval. During this public hearing, a suggestion was made to change the definition of "reasonable distance" to clearly state that smoking will be prohibited within 25 feet of a designated non-smoking area. The proposed changes to the two draft Ordinances were made and then forwarded on to City Council for its consideration. After the Planning Commission meeting, the City Council Subcommittee met to discuss some additionally proposed revisions. The suggested revisions included: 1) adding a definition for "shopping centers," 2) adding a definition for "public plazas," 3) adding public plazas to the list of unenclosed places where smoking is prohibited, and 4) providing an exception to permit smoking in outdoor dining areas where alcohol is served and minors are prohibited. On April 24, 2007, the City Council adopted Ordinance 07-04 regulating smoking in multi-unit residences, and Ordinance 07-05, regulating smoking in the workplace and public places with the following changes: 1) It shall constitute a misdemeanor to intimidate, harass or retaliate against any person's attemptto achieve compliance with either Ordinance, and 2) multi-family residential landlords are required to submit an implementation plan for a minimum of 25 percent of the units in their complex within one year of the effective date of the Ordinance. While these changes were discussed by the Council at their meeting, the changes were inadvertently left out the final versions of the Multi-Family Housing and Workplace and Public Places non-smoking Ordinances that were adopted by the City Council and enacted into law. The proposed Ordinance amends the sections of the Municipal Code that are impacted by these omissions. The proposed Ordinance also amends the City's smoking regulations to include the suggested revisions of the Council Subcommittee. Specifically, the proposed Ordinance accomplishes the following revisions: 1. The non-smoking buffer zones defined in both previously adopted Ordinances will be set at precisely twenty-five (25) feet to remove ambiguity. 2. Public Plazas will be added to the list of places where smoking is prohibited, and will be defined as "any unenclosed public place other than a sidewalk that is paved and permanently set aside for pedestrian use; including, for example, courtyards, plazas, and promenades." 3. Shopping centers will be added as an example of a public place for purposes of the smoking prohibitions. 4. Outdoor dining areas of business that are required to exclude minors pursuant to State law will be added to the list of locations where smoking is allowed. In addition to the above changes, an internal cross-reference in the regulations regarding smoking in public places (Section 8.36.030 A.) has been corrected. An urgency Ordinance is also proposed which will make the suggested changes effective immediately. FISCAL IMPACT: None ATTACHMENTS: Urgency Ordinance 07-_ Ordinance 07-_ ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 8.36.020, 8.36.030, AND 17.30.020 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO SMOKING THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 8.36.020 of the Temecula Municipal Code is hereby amended to read as follows: "8.36.020. Definitions For the purposes of this Chapter the following definitions shall govern unless the context clearly requires otherwise: "Business" means any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making purposes or that has an employee, as defined in this Section. "Dining Area" means any area available to or customarily used by the general public that is designed, established, or regularly used for consuming food or drink. "Employee" means any person who is employed; retained as an independent contractor by any employer, as defined in this section; or any person who volunteers his or her services for an employer, association, nonprofit, or volunteer entity. "Employer" means any person, partnership, corporation, association, nonprofit or other entity who employs or retains the service of one or more persons, or supervises volunteers. "Enclosed" means: 1. Any covered or partially covered space having more than 50% of its perimeter area walled in or otherwise closed to the outside such as, for example, a covered porch with more than two walls; or 2. Any space open to the sky (hereinafter "uncovered") having more than 75% of its perimeter area walled in or otherwise closed to the outside such as, for example, a courtyard; except that an uncovered space of three thousand (3000) square feet or more is not enclosed, such as, for example, a field in an open-air arena. "Nonprofit Entity" means any entity that meets the requirements of Section 5003 of the California Corporations Code as well as any corporation, unincorporated association, or other entity created for charitable, religious, philanthropic, educational, political, social, or similar purposes, the net proceeds of which are committed to the 11086-0001\985740v1 doc -1- promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a nonprofit entity within the meaning of this section. "Park" means any community park, neighborhood park, special use, or any other recreational facility maintained by the City of Temecula. "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. "Place of Employment" means any area under the legal or de facto control of an employer, business, or nonprofit entity that an employee or the general public may have cause to enter in the normal course of operations, but regardless of the hours of operation; including, for example, indoor and outdoor work areas, construction sites, taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities, long-term health facilities, and warehouses. "Playground" means any park or recreational area designed in part to be used by children that has play or sports equipment installed or has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds, or on City grounds. "Public Place" means any place, public or private, open to the general public regardless of any fee or age requirement; including, for example, bars, restaurants, clubs, stores, shopping centers, stadiums, parks, playgrounds, taxis, and buses. "Public Plaza" means any unenclosed public place other than a sidewalk that is paved and permanently set aside for pedestrian use; including, for example, courtyards, plazas, and promenades. "Reasonable Distance" means a distance of twenty-five (25) feet in any direction from an area in which smoking is prohibited. This distance is reasonably sufficient to make it unlikely that secondhand smoke will enter non-smoking areas. "Recreational Area" means any area, public or private, open to the public for recreational purposes regardless of any fee requirement, including, for example, parks, gardens, sporting facilities, stadiums, and playgrounds. "Service Area" means any area designed to be or regularly used by one or more persons to receive or wait to receive a service, enter a public place, or make a transaction whether or not such service includes the exchange of money; including, for example, automated teller machines ("ATMs"), bank teller windows, telephones, ticket lines, bus stops, and cab stands. "Significant Tobacco Retailer" means any tobacco retailer that derives seventy- five percent (75%) or more of gross sales receipts from the sale or exchange of tobacco products and tobacco paraphernalia. 11086-0001\985740v1 doc - 2- "Smoking" or to "Smoke" means holding or possessing a lighted tobacco product or paraphernalia (including but not limited to, a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or any other lighted weed or plant the smoke of which is commonly inhaled, or the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant the smoke of which is commonly inhaled." Section 2. Section 8.36.030 of the Temecula Municipal Code is hereby amended to read as follows: "8.36.030. Prohibition of Smoking in Public Places, Places of Employment, and Other Areas. A. Enclosed Places. Smoking is prohibited in the following enclosed places except in places listed in subsection 8.36.030(C) below, and except in such places in which smoking is already prohibited by State or Federal law: 1. Public Places; 2. Places of Employment; 3. Enclosed areas that are adjacent to an enclosed area in which smoking is prohibited by any other provision of this Chapter, State law, or Federal law and have a common or shared air space; such as, without limitation, openings, cracks, air ventilation systems, doorways, hallways, and stairways. For these purposes, the fact that smoke enters one enclosed area from another enclosed area is conclusive proof that the areas share a common or shared air space; 4. Enclosed areas that have common or shared ventilation, air conditioning, or heating system with an enclosed area in which smoking is prohibited. Notwithstanding any other provision, the fact that smoke enters one enclosed area from another enclosed area is conclusive proof that the areas share a common or shared air space. B. Unenclosed Places. Smoking is prohibited in the following unenclosed places except in places listed in subsection 8.36.030(C) below, and except in such places in which smoking is already prohibited by State or Federal law in which case the State or Federal law applies: 1. Places of Employment; 2. Service Areas; 3. Dining Areas; 4. Parks, Playgrounds, and Recreational areas; 5. Ticket, Boarding, and Waiting Areas of Transit Depots; 11086-0001\985740v1 doc - 3- 6. Public Plazas; and 7. The sites of public events including, for example, sports events, entertainment, artistic or speaking performances, ceremonies, pageants, and fairs, provided however that this prohibition shall not prevent the establishment of a separate, designated smoking area set apart from and no larger than the primary event area. C. locations: Unless otherwise prohibited by law, smoking is permitted in the following 1. Significant tobacco retailers, if minors are prohibited at all times from entering the store; 2. By performers during theatrical productions, if smoking is a part of the theatrical production; 3. Private residential property, except when designated as non- smoking under Chapter 30 of Title 17 of this Code or used as a childcare or health care facility subject to licensing requirements and children, patients, or employees are present; 4. Up to twenty-five percent (25%) of hotel and motel guest rooms, if the hotel or motel permanently designates particular guest rooms as nonsmoking rooms such that seventy-five (75%) or more of its guest rooms are nonsmoking and ashtrays and matches are permanently removed from such nonsmoking rooms. Permanent "no smoking" signage shall be posted in nonsmoking rooms; 5. Outdoor dining areas of businesses operating under an on-sale license for public premises issued by the California Department of Alcoholic Beverage Control." Section 3. Section 17.30.020 of the Temecula Municipal Code is hereby amended to read as follows: "17.30.020. Definitions For the purposes of this Chapter the following definitions shall govern unless the context clearly requires otherwise: "Landlord" means any person who owns real property that is leased as residential property, lets residential property, or manages such property, except that "Landlord" does not include sublessors; "Multi-Unit Residence" means a premises leased as residential property and that contains two (2) or more units, none of which are occupied by a Landlord of the Premises; 11086-0001\985740v1 doc - 4- "Multi-Unit Residence Common Area" means any indoor or outdoor area of a multi-unit residence accessible to and usable by residents of different units; including but not limited to halls and paths, lobbies, laundry rooms, common cooking areas, outdoor eating areas, play areas, swimming pools, and parking areas; "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity; "Premises" means a piece of land and any improvements thereon such as is usually described in a deed, deed of trust or mortgage, and includes legally separate but contiguous pieces of land that are owned by the same natural person or by legal persons under common control; "Reasonable Distance" means a distance of twenty-five (25) feet in any direction from an area in which smoking is prohibited. This distance should be reasonably sufficient to make it unlikely that secondhand smoke will enter non-smoking areas; "Smoking" or to "Smoke" means holding or possessing a lighted tobacco product or paraphernalia (including but not limited to, a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or any other lighted weed or plant the smoke of which is commonly inhaled, or the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant the smoke of which is commonly inhaled; "Unit" means either a dwelling space consisting of essentially complete independent living facilities for one or more persons, including, for example, permanent provisions for living and sleeping, and any private outdoor spaces like balconies and patios; or senior citizen housing and single room occupancy hotels, as defined in California Health and Safety Code section 50519(b)(1), even where lacking private cooking facilities or private plumbing facilities. "Unit" does not include lodging in a hotel or motel that meets the requirements set forth in California Civil Code Section 1940(b)(2)." Section 4. Environmental Finding. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA"). To the extent that the Ordinance applies to Places of Employment, it regulates working conditions by ensuring that employees and volunteers are not exposed to the harmful effects of second-hand smoke and is therefore categorically exempt from CEQA pursuant to Title 14 of the California Code of Regulations, Section 15324(c). The Ordinance is also exempt from CEQA in its entirety pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. The Ordinance will have no adverse environmental affects because it will reduce the public's exposure to the harmful effects of second-hand smoke. Section 5. If any sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity 11086-0001\985740v1 doc - 5- of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that anyone or more sentence, clauses or phrases be declared unconstitutional or otherwise invalid. Section 6. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this _ day of ,2007. Chuck Washington, Mayor ATTEST: Susan Jones, MMC City Clerk 11086-0001\985740v1 doc - 6- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 07- _ was duly adopted and passed as an urgency ordinance at a regular meeting of the City Council on the day of ,2007 by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan Jones, MMC City Clerk 11086-0001\985740v1 doc - 7- ORDINANCE NO. 07- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 8.36.020, 8.36.030, AND 17.30.020 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO SMOKING THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 8.36.020 of the Temecula Municipal Code is hereby amended to read as follows: "8.36.020. Definitions For the purposes of this Chapter the following definitions shall govern unless the context clearly requires otherwise: "Business" means any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making purposes or that has an Employee, as defined in this Section. "Dining Area" means any area available to or customarily used by the general public that is designed, established, or regularly used for consuming food or drink. "Employee" means any person who is employed; retained as an independent contractor by any employer, as defined in this section; or any person who volunteers his or her services for ane mployer, association, nonprofit, or volunteer entity. "Employer" means any person, partnership, corporation, association, nonprofit or other entity who employs or retains the service of one or more persons, or supervises volunteers. "Enclosed" means: 1. Any covered or partially covered space having more than 50% of its perimeter area walled in or otherwise closed to the outside such as, for example, a covered porch with more than two walls; or 2. Any space open to the sky (hereinafter "uncovered") having more than 75% of its perimeter area walled in or otherwise closed to the outside such as, for example, a courtyard; except that an uncovered space of three thousand (3000) square feet or more is not enclosed, such as, for example, a field in an open-air arena. "Nonprofit Entity" means any entity that meets the requirements of Section 5003 of the California Corporations Code as well as any corporation, unincorporated association, or other entity created for charitable, religious, philanthropic, educational, political, social, or similar purposes, the net proceeds of which are committed to the 11086-0001\985730v1 doc -1- promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a nonprofit entity within the meaning of this section. "Park" means any community park, neighborhood park, special use, or any other recreational facility maintained by the City of Temecula. "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. "Place of Employment" means any area under the legal or de facto control of an employer, business, or nonprofit entity that an employee or the general public may have cause to enter in the normal course of operations, but regardless of the hours of operation; including, for example, indoor and outdoor work areas, construction sites, taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities, long-term health facilities, and warehouses. "Playground" means any park or recreational area designed in part to be used by children that has play or sports equipment installed or has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds, or on City grounds. "Public Place" means any place, public or private, open to the general public regardless of any fee or age requirement; including, for example, bars, restaurants, clubs, stores, shopping centers, stadiums, parks, playgrounds, taxis, and buses. "Public Plaza" means any unenclosed public place other than a sidewalk that is paved and permanently set aside for pedestrian use; including, for example, courtyards, plazas, and promenades. "Reasonable Distance" means a distance of twenty-five (25) feet in any direction from an area in which smoking is prohibited. This distance is reasonably sufficient to make it unlikely that secondhand smoke will enter non-smoking areas. "Recreational Area" means any area, public or private, open to the public for recreational purposes regardless of any fee requirement, including, for example, parks, gardens, sporting facilities, stadiums, and playgrounds. "Service Area" means any area designed to be or regularly used by one or more persons to receive or wait to receive a service, enter a public place, or make a transaction whether or not such service includes the exchange of money; including, for example, automated teller machines ("ATMs"), bank teller windows, telephones, ticket lines, bus stops, and cab stands. "Significant Tobacco Retailer" means any tobacco retailer that derives seventy- five percent (75%) or more of gross sales receipts from the sale or exchange of tobacco products and tobacco paraphernalia. 11086-0001\985730v1 doc - 2- "Smoking" or to "Smoke" means holding or possessing a lighted tobacco product or paraphernalia (including but not limited to, a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or any other lighted weed or plant the smoke of which is commonly inhaled, or the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant the smoke of which is commonly inhaled." Section 2. Section 8.36.030 of the Temecula Municipal Code is hereby amended to read as follows: "8.36.030. Prohibition of Smoking in Public Places, Places of Employment, and Other Areas. A. Enclosed Places. Smoking is prohibited in the following enclosed places except in places listed in subsection 8.36.030(C) below, and except in such places in which smoking is already prohibited by State or Federal law: 1. Public Places; 2. Places of Employment; 3. Enclosed areas that are adjacent to an enclosed area in which smoking is prohibited by any other provision of this Chapter, State law, or Federal law and have a common or shared air space; such as, without limitation, openings, cracks, air ventilation systems, doorways, hallways, and stairways. For these purposes, the fact that smoke enters one enclosed area from another enclosed area is conclusive proof that the areas share a common or shared air space; 4. Enclosed areas that have common or shared ventilation, air conditioning, or heating system with an enclosed area in which smoking is prohibited. Notwithstanding any other provision, the fact that smoke enters one enclosed area from another enclosed area is conclusive proof that the areas share a common or shared air space. B. Unenclosed Places. Smoking is prohibited in the following unenclosed places except in places listed in subsection 8.36.030(C) below, and except in such places in which smoking is already prohibited by State or Federal law in which case the State or Federal law applies: 1. Places of Employment; 2. Service Areas; 3. Dining Areas; 4. Parks, Playgrounds, and Recreational areas; 5. Ticket, Boarding, and Waiting Areas of Transit Depots; 11086-0001\985730v1 doc - 3- 6. Public Plazas; and 7. The sites of public events including, for example, sports events, entertainment, artistic or speaking performances, ceremonies, pageants, and fairs, provided however that this prohibition shall not prevent the establishment of a separate, designated smoking area set apart from and no larger than the primary event area. C. locations: Unless otherwise prohibited by law, smoking is permitted in the following 1. Significant tobacco retailers, if minors are prohibited at all times from entering the store; 2. By performers during theatrical productions, if smoking is a part of the theatrical production; 3. Private residential property, except when designated as non- smoking under Chapter 30 of Title 17 of this Code or used as a childcare or health care facility subject to licensing requirements and children, patients, or employees are present; 4. Up to twenty-five percent (25%) of hotel and motel guest rooms, if the hotel or motel permanently designates particular guest rooms as nonsmoking rooms such that seventy-five (75%) or more of its guest rooms are nonsmoking and ashtrays and matches are permanently removed from such nonsmoking rooms. Permanent "no smoking" signage shall be posted in nonsmoking rooms; 5. Outdoor dining areas of businesses operating under an on-sale license for public premises issued by the California Department of Alcoholic Beverage Control." Section 3. Section 17.30.020 of the Temecula Municipal Code is hereby amended to read as follows: "17.30.020. Definitions For the purposes of this Chapter the following definitions shall govern unless the context clearly requires otherwise: "Landlord" means any person who owns real property that is leased as residential property, lets residential property, or manages such property, except that "Landlord" does not include sublessors; "Multi-Unit Residence" means a Premises leased as residential property and that contains two (2) or more units, none of which are occupied by a Landlord of the Premises; 11086-0001\985730v1 doc - 4- "Multi-Unit Residence Common Area" means any indoor or outdoor area of a Multi-Unit Residence accessible to and usable by residents of different units; including but not limited to halls and paths, lobbies, laundry rooms, common cooking areas, outdoor eating areas, play areas, swimming pools, and parking areas; "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity; "Premises" means a piece of land and any improvements thereon such as is usually described in a deed, deed of trust or mortgage, and includes legally separate but contiguous pieces of land that are owned by the same natural person or by legal persons under common control; "Reasonable Distance" means a distance of twenty-five (25) feet in any direction from an area in which smoking is prohibited. This distance should be reasonably sufficient to make it unlikely that secondhand smoke will enter non-smoking areas; "Smoking" or to "Smoke" means holding or possessing a lighted tobacco product or paraphernalia (including but not limited to, a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or any other lighted weed or plant the smoke of which is commonly inhaled, or the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant the smoke of which is commonly inhaled; "Unit" means either a dwelling space consisting of essentially complete independent living facilities for one or more persons, including, for example, permanent provisions for living and sleeping, and any private outdoor spaces like balconies and patios; or senior citizen housing and single room occupancy hotels, as defined in California Health and Safety Code section 50519(b)(1), even where lacking private cooking facilities or private plumbing facilities. "Unit" does not include lodging in a hotel or motel that meets the requirements set forth in California Civil Code Section 1940(b)(2)." Section 4. The City Council of the City of Temecula, as the legislative body of the City, makes the following findings in support of the immediate adoption and application of this ordinance as any urgency ordinance regulating smoking within the City of Temecula. Tobacco use and exposure to secondhand smoke cause death and disease and impose great social and economic costs. The City of Temecula adopted Ordinances 07-04 and 07-05 on May 8, 2007 to respectively regulate smoking in multi- unit residences and certain public places. Due to staff errors, certain amendments to Ordinances 07-04 and 07-05 were omitted from the final published versions. The amendments to the Temecula Municipal Code contained in this ordinance are therefore necessary to immediately correct these errors and to protect the public health from the dangers of secondhand smoke in accordance with the original intent of the City Council. Section 5. This ordinance is adopted as an urgency ordinance pursuant to the provisions of Government Code Sections 36934 and 36937 and shall be effective 11086-0001\985730v1 doc - 5- immediately upon its adoption. Based upon the findings set forth Section 4 of this Ordinance, the City Council finds and determines that the adoption of this ordinance as an urgency ordinance is necessary for the immediate preservation of the public peace, health or safety pursuant to the requirements of Government Code Sections 36934 and 36937. Section 6. Environmental Finding. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA"). To the extent that the Ordinance applies to Places of Employment, it regulates working conditions by ensuring that employees and volunteers are not exposed to the harmful effects of second-hand smoke and is therefore categorically exempt from CEQA pursuant to Title 14 of the California Code of Regulations, Section 15324(c). The Ordinance is also exempt from CEQA in its entirety pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. The Ordinance will have no adverse environmental affects because it will reduce the public's exposure to the harmful effects of second-hand smoke. Section 7. If any sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that anyone or more sentence, clauses or phrases be declared unconstitutional or otherwise invalid. Section 8. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this _ day of ,2007. Chuck Washington, Mayor ATTEST: Susan Jones, MMC City Clerk 11086-0001\985730v1 doc - 6- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 07- _ was duly adopted and passed as an urgency ordinance at a regular meeting of the City Council on the day of ,2007 by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan Jones, MMC City Clerk 11086-0001\985730v1 doc - 7- ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 8.36.020, 8.36.030, AND 17.30.020 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO SMOKING THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 8.36.020 of the Temecula Municipal Code is hereby amended to read as follows: "8.36.020. Definitions For the purposes of this Chapter the fOllowing definitions shall govern unless the context clearly requires otherwise: "Business" means any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making purposes or that has an Employee, as defined in this Section. "Dining Area" means any area available to or customarily used by the general public that is designed, established, or regularly used for consuming food or drink. "Employee" means any person who is employed; retained as an independent contractor by any Employer, as defined in this section; or any person who volunteers his or her services for an Employer, association, nonprofit, or volunteer entity. "Employer" means any person, partnership, corporation, association, nonprofit or other entity who employs or retains the service of one or more persons, or supervises volunteers. "Enclosed" means: 1. Any covered or partially covered space having more than 50% of its perimeter area walled in or otherwise closed to the outside such as, for example, a covered porch with more than two wailS; or 2. Any space open to the sky (hereinafter "uncovered") having more than 75% of its perimeter area walled in or otherwise closed to the outside such as, for example, a courtyard; except that an uncovered space of three thousand (3000) square feet or more is not Enclosed, such as, for example, a field in an open-air arena. "Nonprofit Entity" means any entity that meets the requirements of Section 5003 of the California Corporations Code as well as any corporation, unincorporated association, or other entity created for charitable, religious, philanthropic, educational, political, social, or similar purposes, the net proceeds of which are committed to the 11086-0001\985740v2.doc - 1 - promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a nonprofit entity within the meaning of this section. "Park" means any community park, neighborhood park, special use, or any other recreational facility maintained by the City of Temecula. "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. "Place of Employment" means any area under the legal or de facto control of an Employer, Business, or Nonprofit Entity that an Employee or the general public may have cause to enter in the normal course of operations, but regardless of the hours of operation; including, for example, indoor and outdoor work areas, construction sites, taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities, long-term health facilities, and warehouses. "Playground" means any park or recreational area designed in part to be used by children that has play or sports equipment installed or has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds, or on City grounds. "Public Place" means any place, public or private, open to the general public regardless of any fee or age requirement; including, for example, bars, restaurants, clubs, stores, shoooina centers, stadiums, parks, playgrounds, taxis, and buses. "Public Plaza" means anv unenclosed public place other than a sidewalk that is caved and oermanently set aside for oedestrian use: includina. for exam ole. courtvards. olazas. and oromenades. "Reasonable Distance" means a dis.!~nf!e of twentv-five (25\. feet in any direction from an area in which smoking is prohibited. This distance is reasonably sufficient to make it unlikely that secondhand smoke will enter non-smoking areas. "Recreational Area" means any area, public or private, open to the public for recreational purposes regardless of any fee requirement, including, for example, parks, gardens, sporting facilities, stadiums, and playgrounds. "Service Area" means any area designed to be or regularly used by one or more persons to receive or wait to receive a service, enter a public place, or make a transaction whether or not such service includes the exchange of money; including, for example, automated teller machines ("ATMs"), bank teller windows, telephones, ticket lines, bus stops, and cab stands. "Significant Tobacco Retailer" means any tobacco retailer that derives seventy- five percent (75%) or more of gross sales receipts from the sale or exchange of tobacco products and tobacco paraphernalia. 11086-0001\985740v2.doc -2- "Smoking" or to "Smoke" means holding or possessing a lighted tobacco product or paraphernalia (including but not limited to, a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or any other lighted weed or plant the smoke of which is commonly inhaled, or the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant the smoke of which is commonly inhaled." Section 2. Section 8.36.030 of the Temecula Municipal Code is hereby amended to read as follows: "8.36.030. Prohibition of Smoking in Public Places, Places of Employment, and Other Areas. A. Enclosed Places. Smoking is prohibited in the fOllowing Enclosed places except in places listed in subsection 8.36.030(CI below, and except in such places in which smoking is already prohibited by state or federal law: 1. Public Places; 2. Places of Employment; 3. Enclosed areas that are adjacent to an Enclosed area in which smoking is prohibited by any other provision of this Chapter, state law, or federal law and have a common or shared air space; such as, without limitation, openings, cracks, air ventilation systems, doorways, hallways, and stairways. For these purposes, the fact that smoke enters one Enclosed area from another Enclosed area is conclusive proof that the areas share a common or shared air space; 4. Enclosed areas that have common or shared ventilation, air conditioning, or heating system with an Enclosed area in which smoking is prohibited. Notwithstanding any other provision, the fact that smoke enters one Enclosed area from another Enclosed area is conclusive proof that the areas share a common or shared air space. B. Unenclosed Places. Smoking is prohibited in the following Unenclosed places except in Dlaces listed in subsection 8.36.030ICI below. and except in such places in which smoking is already prohibited by state or federal law in which case the state or federal law applies: 1. Places of Employment; 2. Service Areas; 3. Dining Areas; 4. Parks, Playgrounds, and Recreational areas; 5. Ticket, boarding, and waiting areas of transit depots; 11 086-0001 \9857 40v2. doc -3- 6. Public olazas: and 7. The sites of public events including, for example, sports events, entertainment, artistic or speaking performances, ceremonies, pageants, and fairs, provided however that this prohibition shall not prevent the establishment of a separate, designated smoking area set apart from and no larger than the primary event area. C. locations: Unless otherwise prohibited by law, smoking is permitted in the following 1. Significant tobacco retailers, if minors are prohibited at all times from entering the store; 2. By performers during theatrical productions, if smoking is a part of the theatrical production; 3. Private residential property, except when designated as non- smoking under Chapter 30 of Title 17 of this Code or used as a childcare or health care facility subject to licensing requirements and children, patients, or Employees are present; 4. Up to twenty-five percent (25%) of hotel and motel guest rooms, if the hotel or motel permanently designates particular guest rooms as nonsmoking rooms such that seventy-five (75%) or more of its guest rooms are nonsmoking and ashtrays and matches are permanently removed from such nonsmoking rooms. Permanent "no smoking" signage shall be posted in nonsmoking rooms; 5. Outdoor dinina areas of businesses ooeratina under an on- sale license for oublic oremises issued bv the California Deoartment of Alcoholic Beveraae Control." Section 3. Section 17.30.020 of the Temecula Municipal Code is hereby amended to read as fOllows: "17.30.020. Definitions For the purposes of this Chapter the following definitions shall govern unless the context clearly requires otherwise: "Landlord" means any Person who owns real property that is leased as residential property, lets residential property, or manages such property, except that "Landlord" does not include sublessors; "Multi-Unit Residence" means a Premises leased as residential property and that contains two (2) or more Units, none of which are occupied by a Landlord of the Premises; 11086-0001\985740v2.doc -4- "Multi-Unit Residence Common Area" means any indoor or outdoor area of a Multi-Unit Residence accessible to and usable by residents of different Units; including but not limited to halls and paths, lobbies, laundry rooms, common cooking areas, outdoor eating areas, play areas, swimming pools, and parking areas; "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity; "Premises" means a piece of land and any improvements thereon such as is usually described in a deed, deed of trust or mortgage, and includes legally separate but contiguous pieces of land that are owned by the same natural Person or by legal Persons under common control; "Reasonable Distance" means a distl!l"~e of twentv-five (25\ feet in any direction from an area in which smoking is prohibited. This distance should be reasonably sufficient to make it unlikely that secondhand smoke will enter non-smoking areas; "Smoking" or to "Smoke" means holding or possessing a lighted tobacco product or paraphernalia (including but not limited to, a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or any other lighted weed or plant the smoke of which is commonly inhaled, or the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant the smoke of which is commonly inhaled; "Unit" means either a dwelling space consisting of essentially complete independent living facilities for one or more persons, including, for example, permanent provisions for living and sleeping, and any private outdoor spaces like balconies and patios; or senior citizen housing and single room occupancy hotels, as defined in California Health and Safety Code section 50519(b)(1), even where lacking private cooking facilities or private plumbing facilities. "Unit" does not include lodging in a hotel or motel that meets the requirements set forth in California Civil Code section 1940(b)(2)." Section 4. Environmental Finding. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA"). To the extent that the Ordinance applies to Places of Employment, it regulates working conditions by ensuring that employees and volunteers are not exposed to the harmful effects of second-hand smoke and is therefore categorically exempt from CEQA pursuant to Title 14 of the California Code of Regulations, Section 15324(c). The Ordinance is also exempt from CEQA in its entirety pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. The Ordinance will have nD adverse environmental affects because it will reduce the public's exposure to the harmful effects of second-hand smoke. 11086-0001 \985740v2.doc - 5- Section 5. If any sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that anyone or more sentence, clauses or phrases be declared unconstitutional or otherwise invalid. Section 6. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City council of the City of Temecula this day of ,2007. Chuck Washington, Mayor ATTEST: Susan Jones, CMC City Clerk 11086-0001\985740v2.doc -6- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 07- _ was duly adopted and passed as an urgency ordinance at a regular meeting of the City Council on the day of , 2007 by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan Jones, CMC City Clerk 11 086-0001 \9857 40v2. doc -7- ORDINANCE NO. 07- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 8.36.020, 8.36.030, AND 17.30.020 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO SMOKING THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 8.36.020 of the Temecula Municipal Code is hereby amended to read as follows: "8.36.020. Definitions For the purposes of this Chapter the following definitions shall govern unless the context clearly requires otherwise: "Business" means any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making purposes or that has an Employee, as defined in this Section. "Dining Area" means any area available to or customarily used by the general public that is designed, established, or regularly used for consuming food or drink. "Employee" means any person who is employed; retained as an independent contractor by any Employer, as defined in this section; or any person who volunteers his or her services for an Employer, association, nonprofit, or volunteer entity. "Employer" means any person, partnership, corporation, association, nonprofit or other entity who employs or retains the service of one or more persons, or supervises volunteers. "Enclosed" means: 1. Any covered or partially covered space having more than 50% of its perimeter area walled in or otherwise closed to the outside such as, for example, a covered porch with more than two walls; or 2. Any space open to the sky (hereinafter "uncovered") having more than 75% of its perimeter area walled in or otherwise closed to the outside such as, for example, a courtyard; except that an uncovered space of three thousand (3000) square feet or more is not Enclosed, such as, for example, a field in an open-air arena. "Nonprofit Entity" means any entity that meets the requirements of Section 5003 of the California Corporations Code as well as any corporation, unincorporated association, or other entity created for charitable, religious, philanthropic, educational, political, social, or similar purposes, the net proceeds of which are committed to the 11086-0001\985730v2.doc -1 - promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a nonprofit entity within the meaning of this section. "Park" means any community park, neighborhood park, special use, or any other recreational facility maintained by the City of Temecula. "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. "Place of Employment" means any area under the legal or de facto control of an Employer, Business, or Nonprofit Entity that an Employee or the general public may have cause to enter in the normal course of operations, but regardless of the hours of operation; including, for example, indoor and outdoor work areas, construction sites, taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities, long-term health facilities, and warehouses. "Playground" means any park or recreational area designed in part to be used by children that has play or sports equipment installed or has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds, or on City grounds. "Public Place" means any place, public or private, open to the general public regardless of any fee or age requirement; including, for example, bars, restaurants, clubs, stores, shoooina centers, stadiums, parks, playgrounds, taxis, and buses. "Public Plaza" means anv unenclosed public place other than a sidewalk that is oaved and oermanently set aside for oedestrian use: includina. for exam ole. courtvards. olazas. and oromenades. "Reasonable Distance" means a distance of twentv-five 1251. feet in any direction from an area in which smoking is prohibited. This distance is reasonably sufficient to make it unlikely that secondhand smoke will enter non-smoking areas. "Recreational Area" means any area, public or private, open to the public for recreational purposes regardless of any fee requirement, including, for example, parks, gardens, sporting facilities, stadiums, and playgrounds. "Service Area" means any area designed to be or regularly used by one or more persons to receive or wait to receive a service, enter a public place, or make a transaction whether or not such service includes the exchange of money; including, for example, automated teller machines ("ATMs"), bank teller windows, telephones, ticket lines, bus stops, and cab stands. "Significant Tobacco Retailer" means any tobacco retailer that derives seventy- five percent (75%) or more of gross sales receipts from the sale or exchange of tobacco products and tobacco paraphernalia. 11086-0001\985730v2.doc -2- "Smoking" or to "Smoke" means holding or possessing a lighted tobacco product or paraphernalia (including but not limited to, a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or any other lighted weed or plant the smoke of which is commonly inhaled, or the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant the smoke of which is commonly inhaled." Section 2. Section 8.36.030 of the Temecula Municipal Code is hereby amended to read as follows: "8.36.030. Prohibition of Smoking in Public Places, Places of Employment, and Other Areas. A. Enclosed Places. Smoking is prohibited in the following Enclosed places except in places listed in subsection 8.36.030(C\ below, and except in such places in which smoking is already prohibited by state or federal law: 1. Public Places; 2. Places of Employment; 3. Enclosed areas that are adjacent to an Enclosed area in which smoking is prohibited by any other provision of this Chapter, state law, or federal law and have a common or shared air space; such as, without limitation, openings, cracks, air ventilation systems, doorways, hallways, and stairways. For these purposes, the fact that smoke enters one Enclosed area from another Enclosed area is conclusive proof that the areas share a common or shared air space; 4. Enclosed areas that have common or shared ventilation, air conditioning, or heating system with an Enclosed area in which smoking is prohibited. Notwithstanding any other provision, the fact that smoke enters one Enclosed area from another Enclosed area is conclusive proof that the areas share a common or shared air space. B. Unenclosed Places. Smoking is prohibited in the following Unenclosed places exceDt in Dlaces listed in subsection 8.36.030lC\ below. and except in such places in which smoking is already prohibited by state or federal law in which case the state or federal law applies: 1. Places of Employment; 2. Service Areas; 3. Dining Areas; 4. Parks, Playgrounds, and Recreational areas; 5. Ticket, boarding, and waiting areas of transit depots; 11086-0001\985730v2.doc -3- 6. Public olazas: and 7. The sites of public events including, for example, sports events, entertainment, artistic or speaking performances, ceremonies, pageants, and fairs, provided however that this prohibition shall not prevent the establishment of a separate, designated smoking area set apart from and no larger than the primary event area. C. locations: Unless otherwise prohibited by law, smoking is permitted in the following 1. Significant tobacco retailers, if minors are prohibited at all times from entering the store; 2. By performers during theatrical productions, if smoking is a part of the theatrical production; 3. Private residential property, except when designated as non- smoking under Chapter 30 of Title 17 of this Code or used as a child care or health care facility subject to licensing requirements and children, patients, or Employees are present; 4. Up to twenty-five percent (25%) of hotel and motel guest rooms, if the hotel or motel permanently designates particular guest rooms as nonsmoking rooms such that seventy-five (75%) or more of its guest rooms are nonsmoking and ashtrays and matches are permanently removed from such nonsmoking rooms. Permanent "no smoking" signage shall be posted in nonsmoking rooms; 5. Outdoor dinina areas of businesses ooeratina under an on- sale license for oublic oremises issued bv the California Deoartment of Alcoholic Beveraae Control." Section 3. Section 17.30.020 of the Temecula Municipal Code is hereby amended to read as follows: "17.30.020. Definitions For the purposes of this Chapter the following definitions shall govern unless the context clearly requires otherwise: "Landlord" means any Person who owns real property that is leased as residential property, lets residential property, or manages such property, except that "Landlord" does not include sublessors; "Multi-Unit Residence" means a Premises leased as residential property and that contains two (2) or more Units, none of which are occupied by a Landlord of the Premises; 11086-0001\985730v2.doc -4- "Multi-Unit Residence Common Area" means any indoor or outdoor area of a Multi-Unit Residence accessible to and usable by residents of different Units; including but not limited to halls and paths, lobbies, laundry rooms, common cooking areas, outdoor eating areas, play areas, swimming pools, and parking areas; "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity; "Premises" means a piece of land and any improvements thereon such as is usually described in a deed, deed of trust or mortgage, and includes legally separate but contiguous pieces of land that are owned by the same natural Person or by legal Persons under common control; "Reasonable Distance" means a distance of twenW-five (251 feet in any direction from an area in which smoking is prohibited. This distance should be reasonably sufficient to make it unlikely that secondhand smoke will enter non-smoking areas; "Smoking" or to "Smoke" means holding or possessing a lighted tobacco product or paraphernalia (including but not limited to, a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or any other lighted weed or plant the smoke of which is commonly inhaled, or the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant the smoke of which is commonly inhaled; "Unit" means either a dwelling space consisting of essentially complete independent living facilities for one or more persons, including, for example, permanent provisions for living and sleeping, and any private outdoor spaces like balconies and patios; or senior citizen housing and single room occupancy hotels, as defined in California Health and Safety Code section 50519(b)(1), even where lacking private cooking facilities or private plumbing facilities. "Unit" does not include lodging in a hotel or motel that meets the requirements set forth in California Civil Code section 1940(b)(2)." Section 4. The City Council of the City of Temecula, as the legislative body of the City, makes the following findings in support of the immediate adoption and application of this ordinance as any urgency ordinance regulating smoking within the City of Temecula. Tobacco use and exposure to secondhand smoke cause death and disease and impose great social and economic costs. The City of Temecula adopted Ordinances 07-04 and 07-05 on May 8, 2007 to respectively regulate smoking in multi- unit residences and certain public places. Due to clerical errors, certain amendments to Ordinances 07-04 and 07-05 were omitted from the final published versions. The amendments to the Temecula Municipal Code contained in this ordinance are therefore necessary to immediately correct these errors and to protect the public health from the dangers of secondhand smoke in accordance with the original intent of the City Council. 11086-0001\985730v2.doc -5- Section 5. This ordinance is adopted as an urgency ordinance pursuant to the provisions of Government Code Sections 36934 and 36937 and shall be effective immediately upon its adoption. Based upon the findings set forth Section 4 of this Ordinance, the City Council finds and determines that the adoption of this ordinance as an urgency ordinance is necessary for the immediate preservation of the public peace, health or safety pursuant to the requirements of Government Code Sections 36934 and 36937. Section 6. Environmental Finding. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (nCEQAn). To the extent that the Ordinance applies to Places of Employment, it regulates working conditions by ensuring that employees and volunteers are not exposed to the harmful effects of second-hand smoke and is therefore categorically exempt from CEQA pursuant to Title 14 of the California Code of Regulations, Section 15324(c). The Ordinance is also exempt from CEQA in its entirety pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. The Ordinance will have no adverse environmental affects because it will reduce the public's exposure to the harmful effects of second-hand smoke. Section 7. If any sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that anyone or more sentence, clauses or phrases be declared unconstitutional or otherwise invalid. Section 8. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City council of the City of Temecula this _ day of ,2007. Chuck Washington, Mayor ATTEST: Susan Jones, CMC City Clerk 11086-0001\985730v2.doc -6- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 07- _ was duly adopted and passed as an urgency ordinance at a regular meeting of the City Council on the day of , 2007 by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan Jones, CMC City Clerk 11086-0001\985730v2.doc -7- I~-- . , II ITEM NO. 32 II , II - I I . I I II II __. . I Approvals City Attorney Director of Finance City Manager ~ /)/l Go..- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: July 24, 2007 SUBJECT: Old Town Local Review Board Appointment PREPARED BY: Cheryl Domenoe, Administrative Assistant RECOMMENDATION: Appoint an applicant to serve an un-expired term on the Old Town Local Review Board through June 15, 2008. BACKGROUND: Committee Member Walt Allen resigned effective May 1,2007. The City Clerk's office has followed the Council's established procedure for filling Committee vacancies by advertising the opening in the local newspaper. Notices were also posted at various locations within the City and on the City's Web page. When the deadline was reached for accepting applications, the applications were forwarded to the subcommittee comprised of Mayor Washington and Mayor Pro Tem Naggar for review and recommendation. Both Mayor Washington and Mayor Pro Tem Naggar have recommended the appointment of John Williams to serve the un-expired term through June 15, 2008. All applicants are registered voters. It is not a requirement of this committee to be a resident of the City of Temecula. Attached are copies of the applications that were received by the filing deadline of June 7,2007. FISCAL IMPACT: None ATTACHMENTS: Two (2) Applications for Appointment City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 )~ _.~ f)_;' -. ).: ,-, '. /; 1 \ Old Town Local Review Board Application ~):(.~t' ~Plr~; For propcr considcration, yon III ust currcntly be a Registcrcd V otcr , MAY 30 2007 CLERKS DEPT. Temecula Resident? ;I[S If yes, number of years 5 Are you a Registered Voter? >1="s NAME: H:Jl:J,cRT mEv/aF OCCUPATION: BUS/MESS OW/l/FR ADDRESS: 43654 BUCKEY!; Po. , TEMEC:ULA r:A ~1.-S~2... DAYTIME PHONE: 95/ 8Q4,:J2fkJ EVENING PHONE: 95/ 5A7-3'68/ EMPLOYER NAME: GRAAINY:<; AT//{' ML/J 7?Jb0(/ AA/7IrOIJC "c41J?,C / EMPLOYER ADDRESS: 2R4"iO rG"L!)( ufL/7&"7- E-MAIL Mj/,I:(fi)M07IlAM I/Y'$Al7lC.t/E/ Educational Background/Degrees: ,44 - /0LL6'?TOA/ (hLLt;~ 7'/WGIIT SEM/t!OIJDUCTOR Dt:SI6N C'OUI?8E$ AI J7oCk'WeLL /;..;T. 77/lltlTlIE /9a55 List any City or County Board, Committee or Commission on which you have served and the year(s) of service: ,If /O,.</.E List any organizations to which you belong (professional, technical, community service): /-T1VE/?8ID!; c:,'OUlJrY SilER/IT VCJL.O.JJrEC'1( .5L1PPo/?i/,{/q LoGI8i/CS' A..vP TGM'ECUiA POLICE CAP State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. You may attach a separate sheet of paper if necessary.) ATIACIIED I understand that any or all information on this form may be verified. I consent to the release of this information for lie .'nform on II poses. Signature: Date: 5-26 -07 / Plea e return to: city Clerk's ffice, 43200 Business Park Drive (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE My desire to serve on this commission is a desire to be involved in the future growth as well as possible enhancements to make Old Town a more enjoyable and popular destination. While at the same time maintaining the wonderful existing historical feel and atmosphere. My background was in the field of Semiconductor Engineering. I spent 33years, from a draftsman to the owner of a Semiconductor Design Engineering Consulting firm in Orange Co. As I considering retirement, a good friend convinced me that Granny's Attic would be a great opportunity for semi retirement. The jury is still out on that one. For bettor than seven years, my family has owned and operated Granny's Attic on Felix Valdez. We have successfully grown the business and even expanded it to be one of the most popular and by far one of the largest Antique and Collectable Malls in So. Calif. My interest in Old Town stems mainly from that of a new business owner in Old Town, specifically "Old Town Antique Faire", on Front St. It has always been a disappointment not to be part of the excitement and flair that Old Town enjoys with its many activities and old west atmosphere. On April I sl of this year, we were privileged to have the opportunity to acquirer the ownership and operation ofthe"Old Town Antique Faire" store. We are excited to finally be a part of the Old Town community and look foreword to the challenges ahead. One of the most concerning aspects of expanding our presence in Temecula's antique community is answering the single most asked question from our customers "what has happened to all ofthe antique stores that used to be part of Old Town ?". Old Town in Temecula has long been a destination for Antiques and Collectables, if you just look at the street scene, it fits, doesn't it? Shouldn't it be a concern that the loss of several of our landmark shops and the slow conversion to gift shops that we are seeing at "Antique Shops" will further impact our magnificent historic appeal for Antiques? We are looking foreword to being a part of Old Towns allure. Our plans to update our store, looking into evening porch activities and providing an even more unique and varied collection of antiques and collectables will be our top priorities. After 2 failed attempts and one slightly successful antique street fair, we all need to work together to return Old Town Temecula's reputation of an Antiques and Collectables shopping destination. With the many new dealers that we have attracted at Granny's, many with high end, one of a kind treasures, we are committed to Antiques in Temecula. Tourists shop for antiques daily, not just at special events. As Old Town grows and changes, it is our hope to improve and enhance the "Old Town" experience with quality Antiques and collectables. I am sure this is way more than you needed to know or wanted to hear. Sincerely Robeli Freville Owner of Granny's Attic and Old Town Antique Faire City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Old Town Local Review Board Application For proper consideration, you must currently be a Registered Voter E'VED JUN - 7 2007 ~ CITY CLERKS DEPT. Temecula Resident? L If yes, number of years (j Are you a Registered Voter? ,/0 NAME: 750HJ t;J:J u r 4: ~ OCCUPATION: rN5//frttJ-/lIlc Asell/-r ADDRESS: _JJt9Si /J hl<<rrJJ/;,1,/,f;Jl,/f- qJ1,yjl (r l1f,e />11 &1.1~... r:vrL-~ve10 7frf'.) DAYTIME PHONE: Cf:::,/ - bJ h - .:>;0:57 EVENING PHONE: C)"j I -55) -o'jOI/ EMPLOYER NAME: 1411 fiJl:-~S "J'lv"t:01141V L-f; EMPLOYER ADDRESS: ;kn lIo,Sff:-Hlf:.It,<..p^:> .4vc. (}.1S!iOE-MAILSL1IffUA/O;l)7a:7 (A-fVvlt:12.=>/f6C:VC LfJ...... Educational Background/Degrees: 84 JrV PoL-I Sc.-r .sP~/I) List any City or County Board, Committee or Commission on which you have served and the year(s) of service: c- VI 1l/Z eN] fl7E./V'l Be )Z- 0 T L.. lZ-J3 List any organizations to which you belong (professional, technical, community service): r J-I;JV~ It p./t..4. DGsrr;;-4//r1lrJllJ LV /"1 j~/(/c.OF /1.!OiC-t::: .c 4/'141(/ AJ.r?8-f.5,5;fj)O,r, FI;I/Z.. iH5 "(v,'L.L. ,1vD H.we Bee..v4/11f!./'1IJe-z. FofZ-.--r::u">JZ.YC-1-IU. UI-/>1 /1-1..60 -1- [7 f'OvSO/L J1JJ(. 11-16 /'1h~&Jf 17FD:r0c:;S; liviD ]::1-/'1 1/6"1Z-/ T'\I vOL--v8P W[1H 1He. tJlZ-D4/(/:rz.;t7:J~ State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. You may attach a separate sheet of paper if necessary.) or 'nformation on this form may be verified. I consent to the release of Ie information purposes. vvf~t. Date:5f:cJ-07 turn to: City C 's Office, 43200 Bus/ness Park Drive (951 694-6444 (OR) to: P.O. Box 9033, Temecula, CA 92589-9033 Answer to question four. I have sat on the OTLRB since 2005 and I feel that my input, research and recommendations have been very valuable to the board. As an alternate member I have been to almost every meeting that was held. My goal is to continue with the growth of old town during this exciting time of growth and change. My knowledge of the old town specific plan and the intentions it was set forth to govern have greatly improved since my appointment back in 2005. I look forward becoming a long time member of the board and camaraderie with the city. DEPARTMENTAL REPORTS ITEM NO. 33 Approvals City Attorney Director of Finance City Manager ~ /JJl (J(0 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: July 24, 2007 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of June 2007. CURRENT PLANNING ACTIVITIES New Cases The Division received 60 new applications for administrative, other minor cases, and home occupations including 7 applications for public hearings during the month of June. The new public hearing cases are as follows: CERTIFICATE OF COMPLIANCE CONDITIONAL USE PERMIT EXTENSION OF TIME MAJOR MODIFICATION PARCEL MERGER 1 1 2 2 1 Soecial Proiects & Lona Ranae Plannina Activities The Long Range Planning Division commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities currently in progress are described in the paragraphs below: . Temecula Regional Hospital - The Riverside County Superior Court overturned the City Council's approval of the Temecula Regional Hospital project and staff is working with applicant and the City Attorney's office to prepare a Supplemental Environmental Impact Report to address issues related to noise, traffic mitigation and an off-site contaminated groundwater plume. Each Planning Application that was originally approved will need to go through the approval process again, including Planning Commission and City Council public hearings. Staff has processed three contracts with sub-consultants to manage the special studies required forthe Supplemental EIR. Planning Applications were submitted on July3, 2007. A Notice of Preparation of a Supplemental Environmental Impact Report was sentto the State on July 6,2007. The project is scheduled for a Planning Commission hearing on November 7, 2007 and a City Council hearing on December 11, 2007. (PAPP) . General Plan Land Use Map Update - Planning staff and GIS have completed revision exhibits that explain the necessary changes to the Land Use Map caused by overlapping data sets, differences in conceptual plans versus recorded maps, and changes in the built environment. Some examples of changes include streets currently shown as residential will have no land use designation, Specific Plan areas will be modified to reflect recorded maps, and new park and school sites will be noted as Open Space and Public Institutional Facilities. All property owners affected by the proposed map changes will be notified by mail prior to any hearing. A Planning Commission hearing is scheduled for August 15, 2007 with an anticipated City Council hearing in September 2007. (PAPP) . General Plan Housing Element Update - Staff has been attending WRCOG workshops on the Regional Housing Needs Assessment in preparation for the update of the City's Housing Element. SCAG released the Draft Regional Housing Needs Assessment numbers to cities and agencies in the region in February. Staff has reviewed the Draft RHNA Allocation Plan and supports the proposed housing distribution for Temecula. More than 40 cities throughout SCAG's six-county region have filed appeals on their proposed housing allocation. This could lead to an increase in the numbers allocated for Temecula. Appeals forthe WRCOG-area jurisdictions will be heard on April 30, 2007 at SCAG's Inland office in Riverside. It is expected that affordable housing goals and Housing Element Update must be certified by the State Department of Housing and Urban Development by December 2008. (PAPP) . Nicolas Valley Rural Preservation Area - Staff is undergoing an opportunities and constraints analysis of the properties contained within the Nicolas Valley Rural Preservation Plan area to develop strategies to assist property owners with the construction of needed infrastructure and services. This area is lacking paved roadways, water transmission lines, wastewater collection, cable television, etc. Because of the relatively few properties in the area, assessment districts may be too costly for property owners. Staff needs to map the existing flood plain and complete a slope analysis to create a comprehensive constraints map of the area. Staff met with the Council Subcommittee in late February to brief the Council on staff strategies for bringing much needed services into the area. It was determined that a public workshop should be held to solicit input from area residents. Workshops were held on March 29, 2007 and May 15, 2007, with about 60 Nicolas Valley residents attending each workshop. Staff will continue to conduct monthly workshops with residents for the next 4 to 6 months to develop a plan for the area. The next workshop will focus on developing appropriate land uses for the area and will be held in late July. (PAPP) . Transit Center and Transit Opportunities - Staff is working with the County of Riverside Flood Control District, Army Corp of Engineers and Riverside Transit Agency staff to locate the proposed transit center within the recreation portion of the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project, generally located in the vicinity of Jefferson Avenue and Cherry Street. The transit center will to act as the hub for regional and local transit connections within the Temecula Valley. The recently formed Transit Sub- committee will be working with the San Diego Association of Governments, Riverside Transportation Commission and the Riverside Transit Agency to bring more local and regional transit opportunities to residents within the valley. (WEST) . Smoking Ordinances - Two Citywide smoking ordinances were prepared by staff and the City Attorney to prohibit smoking in the workplace and public places; and to regulate smoking in multi-family housing by setting aside 25% or more of the units in each development as non-smoking units. The ordinances were presented to the Planning Commission on February 7, 2007 with the Commission unanimously recommending City Council approval. The City Council approved the Ordinances on April 24, 2007. Staff worked jointly with the City Attorney's office to conduct an enforcement training session for staff and a public workshop on July 11 , 2007 to explain how the Ordinances will be enforced and how they will impact property owners and business owners in the City. (PAPP) . Noise Ordinance - Staff has researched other jurisdictions noise ordinances and is in the process of developing a noise ordinance that incorporates the goals and objectives contained in the General Plan. The proposed ordinance is expected to contain provisions that would clearly define acceptable noise parameters and will permit Code Enforcement and/or the Temecula Police Department to Issue citations for noise violations. Staff met with representatives from Riverside County in January for a briefing on the County's newly adopted Noise Ordinance. A draft noise ordinance has been prepared and is being reviewed by the City Attorney. A second City Council Subcommittee meeting was held on April 3, 2007. The draft Ordinance was presented to the Planning Commission on June 6, 2007. The Planning Commission had several concerns with the draft Ordinance and continued the item for 60 days for staff to re-craft the Special Noise Standards section of the Ordinance. (PAPP) . Water Efficient Landscaping Ordinance - The State of California recently adopted a Model Ordinance entitled California Friendly Landscapes, which identifies requirements for design, planting and irrigation. Riverside County recently adopted a new ordinance which includes the California Friendly criteria and expands on the model ordinance. Staff has compared it to the City's existing Water Efficient Landscape ordinance and determined that the city Ordinance should be revised. A draft Ordinance will be distributed for review and comment by staff in July 2007. (WEST) . Massage Ordinance - Staff is working with the Temecula Police Department to develop a new massage ordinance that is more restrictive than the existing ordinance and will be implemented and monitored directly by the Police Department. The proposed ordinance will require each employee to undergo several hundred hours of training, to wear identification at all times and includes more severe penalties for violators and business owners. Temecula PD will be scheduling briefing meetings with member of the City Council. (PAPP) . Hillside Development Policy - The policies are being examined for integration into the draft- grading ordinance. Staff is working with GIS to analyze topography, soil types, environmental (habitat), and other constraints. (PAPP) . Heritage Tree Ordinance - The proposed Heritage Tree Ordinance has been prepared and is being reviewed by the City Attorney's office. The ordinance will serve to protect certain identified tree species and other large diameter trees throughout the City. A public hearing date has not been set at this time. (PAPP) . Procedures to Implement CEQA - Staff initiated project to develop local guidelines and procedure manual for processing CEQA documents, including the adoption of local exemptions. This is expected to include significance thresholds and procedures forthe City to contract for the preparation of environmental impact reports. (PAPP) . Development Code Update - Staff is reviewing the Development Code to identify any needed corrections or clarifications. This item is tentatively scheduled for the August 15' 2007 Planning Commission meeting. (WEST) . Sustainable Development Program - Staff is attending workshops and meetings, and developing a work program in order to create a sustainable development program within the City. Staff is also reviewing existing City policies and programs that encompass the intent of a Sustainable Development Program. (WEST) . Local Update of Census Address Program (LUCA) - The Local Update of Census Address Program is the first of several steps in preparation for the 2010 Decennial Census. Staff is working with Census Program staff to develop a plan forthe City's involvement with the 2010 Decennial Census. (WEST) . Santa Margarita Area Annexation - The Notice of Preparation (NOP) for a draft EIR was published April 25, 2007. A scoping session for the preparation of the draft EIR was held on May 10, 2007 at 6:00 PM in the City Council Chambers. The consultants are currently preparing the Fiscal Impact Model and draft Environmental Impact Report for the annexation. (WEST) Planning Agenda Report 06-01-07 through 06-30-07 REJC:EJl'ItIYApp"o\f~d APN# . PA06.0026 T-Mobile Monopine 921310004 CHRISTINE DAMKO An application for a Development Plan and Conditional Use Permit to construct a 70 foot monopine within a 676 square foot enclosure to be located at Orchard Chirstlan Fellowship, 42101 Moraga Road. (APN# 921-310-004) Submitted Date 1/25/2006 Approved Date 6/6/2007 APN# . PA06.0187 James Webb Building 921260022 DANA SCHUMA A Development Plan application to construct a 26,941 square-foot, four-story office building with underground parking lot on a 0.55 acre lot located at 27423 Ynez Road. The new building will replace an existing 6,500 square- foot building. (Related to case PA07 -0049, a minor exception to increase the height) Submitted Date 6/26/2006 Approved Date 6/6/2007 . PA06.0338 OLD TOWN PLAZA ONE APN # 922033009 CHRISTINE DAMKO A Development Plan for a three story commercial/office building totaling 29,409 square feet on a 12,750 square foot lot located at the south east corner of Front and 5th Street. (APN: 922-033-009) 11/7/2006 Approved Date 6/20/2007 Submitted Date . PA07.0135 RANCHO COMMUNITY CARNIVAL APN # 959070012 KNUTE NOLAND A Major Temporary Use Permit for a carnival at Rancho Community Church, 31300 Rancho Community Way, from June 7, 2007 to June 10, 2007 (APN: 959-060-009). Submitted Date 5/1/2007 Approved Date 6/5/2007 APN# PA07.0155 TSCC Rummage Sale -Ghana Mlssi 909270048 BETSY LOWREY A Major Temporary Use Permit for Rummage Sale for Ghana Mission through The Springs Community Church on June 2, 2.007 from 6:00 am to 5:00 pm located at 27363 Jefferson Ave in Parking Lot of Plaza Seville Submitted Date Approved Date 5/17/2007 APN# . PA07.0162 Bruegger's Bagels Major TUP PM-26232-1 BETSY LOWREY A Major Temporary Use Permit for Bruegger's Bageis for a Grand Opening event on June 21, 2007 from 5:00 p.m. to 8:00 p.m. located in the parking area at 39584 Winchester Road, Suite A-1. Submitted Date 5/24/2007 Approved Date 6/20/2007 . PA07.0168 FAMIL Y FUN DA Y EVENT APN# 921320058 KNUTE NOLAND 1016 Planning Agenda Report 06-01-07 through 06-30-07 A Major Temporary Use Permit for a Family Fun Day Event at Temecula Town Center located at northeast corner of Ynez Road and Rancho California Road. Activities include Jolly Jumps, KA TY Radio with live on-air music, slides, banners, clowns, a mega obstacle course and 10 x 10 tents for various vendors. (APN: 921-320-058) (Planning Review Only), Submitted Date 6/4/2007 Approved Date 6i14/2007 2016 Planning Agenda Report 06-01-07 through 06-30-07 PA06.0278 DePorfo/a Professional Offices APN # 959050011 DANA SCHUMA A Development Plan application to construct three medical office buildings totaling 38,501 square feet on 2.76 acres. The project is located on the southwest corner of Margarita Road and De Portola Road (APN 959-050-011). Submitted Date DRC Meeting Date Planning Commision 9/18/2006 11/2/2006 7/18/2007 APN# . PA06-0306 Jefferson Ave Bldg Remodel 921050003 DANA SCHUMA A Major Modification application for the renovation of an existing 25,000 square foot commercial building located at 27901 Jefferson Avenue on the southwest corner of Jefferson and Via Montezuma. The project proposes to improve circulation on the site, add landscaping and a trash enclosure, and enhance the exterior of the building by painting and adding a cornice, stone column accents, and canopies. (APN 921-050-003) (Related PA07-0073) Submitted Date 10/11/2006 DRC Meeting Date 11/30/2006 Planning Commision 8/1/2007 APN# . PA06-0313 Via Montezuma Industrial Bldg 921050004 DANA SCHUMA A Development Plan application for the construction of a 20,820 square foot industrial building located on the south side of Via Montezuma west of Jefferson Ave. (APN 921050004) (Related PA06-0306) Submitted Date 10/18/2006 DRC Meeting Date 11/30/2006 Planning Commision 8/1/2007 APN# . PA06.0387 KFC Major Modification 921070018 BETSY LOWREY This Application was originally submitted December 18, 2006 as a Minor Modification Application and resubmitted and upgraded to a Major Modification on April 10, 2007. This is a 360 degree Major Modification to modify the Kentucky Fried Chicken structure generally located on the north side of Moreno Street approximately 750 feet east of Old Town Front Street at 41850 Moreno Street. This structure is located within the Old Town Specific Plan. This architectural modification proposes to replace the stucco siding with board and baton wood siding and provide an outdoor eating area with a porch. Trellises are proposed on the back side to disguise existing utility boxes. A raised parapet, new window framing, cornice and tower elements are also proposed. Submitted Date 12/18/2006 DRC Meeting Date Directors Hearing 8/2/2007 . PA07.0120 BARONS MARKETPLACE APN# 954030001 BETSY LOWREY A Minor Conditional Use permit to allow for Type 42 Alcohol for the operation for wine tasting room within Baron's Marketpiace located within the Meadows Plaza (neighborhood commercial zone) at the Southeast Corner of Rancho California Road and Meadows Parkway. Submitted Date 4/16/2007 DRC Meeting Date Directors Hearing 8/212007 . PA07.0130 TEMECULA VALLEY CHEESE CO PCN APN# 922035019 KATIE LECOMTE 3016 Planning Agenda Report 06-01-07 through 06-30-07 A Finding of Public Convenience or Necessity to authorize the Temecula Valley Chesse Company to have wine tasting on the premises (Type-42 on sale beer and wine), and to allow the business to sell packaged beer and wine for consumption off the premises (Type-20 off sale beer and wine), Submitted Date 4/26/2007 DRC Meeting Date Planning Commision 8/1/2007 PA07-0132 HARVESTON VILLAGE APN# 916560006 CHRISTINE DAMKO A Development Plan application for the construction of a one-story 13,958 square foot commercial building located on the northwest corner of Landings Road and Village Road in the Harveston Specific Plan. Submitted Date 4/27/2007 DRC Meeting Date 5/24/2007 Planning Commision 7/18/2007 APN# . PA07.0154 Promenade Mail Major Mod 910130072 CHERYL KITZEROW/MATT PETERS A Modification application to modify the site plan, parking, and landscaping of the Teniecula Promenade Mall expansion (see PA06-0293). Submitted Date 5/17/2007 DRC Meeting Date No Hearing Planned 4016 Ie Planning Agenda Report 06-01-07 through 06-30-07 . PA06.0136 TEMECULA JAZZ FESTIVAL APN # 922036020 KNUTE NOLAND A Major Temporary Use Permit for the Temecula Valley International Jazz Festivai that will take place in Old Town Temecula on July 7, 8 and 9 (APN: 922-033-010). Submitted Date 5/10/2006 Anticipated DRC Meeting Date No Hearing Planned . PA07.0003 TEMECULA CEMETARY MODULAR UNIT APN# 944020004 ~<. KNUTE NOLAND A Major Temporary Use Permit to install a modular office structure at the Temecula Cemetary located at 41911 C Street (APN: 944-020-004) Submitted Date 1/5/2007 Anticipated DRC Meeting Date Administrators Hearing 3/12/2007 APN# . PA07.0145 Castilfo@Roripaugh 957340047 DANA SCHUMA A Major Modification application to review the home product placement for six lots created by TTM 32004 within Planning Area 1A of the Roripaugh Ranch Specific Plan. (Pianning Review Only) Submitted Date Anticipated DRC Meeting Date No Hearing Planned 5/10/2007 . PA07.0174 Salim Auto Sales Minor CUP APN# 909252009 ERIC JONES A Minor Conditional Use Permit to allow auto sales to be conducted at 42103 Rio Nedo, Suite 102, The suite totals 1080 square feet and includes an office, warehouse space, and a restroom. All vehicles will be stored in the warehouse portion of the suite. Submitted Date 6/11/2007 Anticipated DRC Meeting Date No Hearing Planned APN # . PA07.0176 Stage Stop 922023022 DANA SCHUMA A Major Moditication to the existing Stage Stop Complex for the addition of a 5,246 square foot, two-story office building on the existing bus bays, a 3,328 square foot second fioor expansion over the existing Wine & Beer Garden, and associated flat work improvements to include a new trash enclosure, fire pit, and storage room. The project is located at 28464 Old Town Front Street. (Related Pre-Application PR06-0022). Submitted Date Anticipated DRC Meeting Date No Hearing Planned 6/11/2007 7/912007 . PA07.0180 FIRST BANK A T RTTC APN# PM-26232-1 CHERYL KITZEROW/MATT PETERS A Major Modification to.review the site plan and elevations for a 4,034 square foot First Bank Building on Pad L at Rancho Temecula Town Center located on the corner of Nicolas Road and Winchester Road. Submitted Date 6/13/2007 Anticipated DRC Meeting Date 7/19/2007 No Hearing Planned APN# 5016 . PA07.0187 Planning Agenda Report 06-01-07 through 06-30-07 TPM 33493 910272013 KATIE LECOMTE A Tentative Parcel Map No. 33493 for condominium purposes with a final map waiver to create a 4 condominium unit on one legal lot located at 27235 Madison Avenue. There is a 12,411 square foot service commercial building existing on-site. Please note: A Certificate of Compliance is also being filed concurrently under PA07-0188. Submitted Date 6/21/2007 Anticipated DRC Meeting Date No Hearing Planned . PA07.0198 TEMECULA REGIONAL HOSPITAL APN# 959080001 EMERY J. PAPP A General Plan Amendment to eliminate the two-story height limitation within the existing Z-Overlay (Future Specific Plan) designation for the Temecula Regional Hospital Project Submitted Date 7/3/2007 Anticipated DRC Meeting Date No Hearing Planned . PA07.0199 TEMECULA REGIONAL HOSPITAL APN # 959080010 EMERY J. PAPP A proposed Zone Change (Planned Development Overlay) to create a new PDO-9 and increase the maximum allowable height to accommodate two-bed towers for the Temecula Regional Hospital Project Submitted Date 7/3/2007 Anticipated DRC Meeting Date No Hearing Planned . PA07.0200 TEMECULA REGIONAL HOSPITAL APN# 959080001 EMERY J. PAPP A Development Plan to permit the construction of a 320-bed hospital with one six-story bed tower and one five-story bed tower, a four-story medical office building, a three-story medical office building, a single-story cancer treatment and research center, a single-story physical fitness and therapy center, and surface parking on a 39.5 acre site, Total building square footage is approximately 565,300 square feet. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 7/3/2007 . PA07.0201 TEMECULA REGIONAL HOSPITAL APN# 959080001 EMERY J. PAPP A Tentative Parcel Map to consolidate eight parcels into one parcel on 39.5 acres located between Highway 79 South to the south, DePortola Road to the north, and aproximately 700 feet west of Margarita Road. I I Submitted Date 7/3/2007 Anticipated DRC Meeting Date No Hearing Planned . P A07 -0202 TEMECULA REGIONAL HOSPITAL APN# 959080001 EMERY J. PAPP A Conditional Use Permit to allow the construction and operation of a 320-bed hospital facility, including a helipad for the proposed Temecula Regional Hospital Project. 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I Approvals City Attorney Director of Finance City Manager ~ CIL (h.- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn D. Nelson, City Manager DATE: July 24, 2007 SUBJECT: City Council Travel/Conference Report - June 2007 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file On June 2,d Council Member Ron Roberts traveled to Toronto, Canada to attend the American Public Transportation Association Rail Conference. Most of his expenses will be reimbursed by Metrolink. On June 13'h Council Member Jeff Comerchero traveled to New Haven, Connecticut to attend the National League of Cities Community and Economic Development Committee Meeting. On June 21" Mayor Chuck Washington traveled to the Morongo Casino for a Western Riverside Council of Governments (WRCOG) General Assembly Meeting and Executive Committee Meeting. WRCOG paid his expenses. 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S ~ "" ~ 0- S' ~ ~ .. 0- ... <<'& ,.. . \II . 0- \II ~ "," ~ 0- E cO o~ 0 -0 . .0 ~ \,\0 .0 (f\ \II 0- III E @t:::.. .' ... 0 .0 ..," ~ ... 0 \II ::l .0 (f\ >0" .r::. iil 0'0 . (f\ . 0\ ._ >0 .- r! .. r! f- ell \0.0.0- ~ ... ~" ... 0-'; u.... NATIONAL LEAGUE OF CITIES COMMUNITY & ECONOMIC DEVELOPMENT STEERING COMMITTEE SPRING MEETING PRELIMINARY AGENDA June 14-16,2007 New Haven, Connecticut Chair: Councilmember Ed Reyes, Los Angeles, California Host: Alderman Charles Blango -;fhursdav. June 14. 2007 1 :30 p.m. BuslWalking Tour of Downtown New Haven 5:00 p.m. Welcome Reception followed by "Opera on the Green" Fridav.June15.2007 8:00 a.m. - 9:00 a.m. Breakfast 9:00 a.m. - Noon SESSION I: Economic Development Noon - 1:00 p.m. Lunch 1 :00 p.m. - 3 :30 p.m. SESSION II: Housing 3:30 p.m. - 4:00 p.m. Discussion: Sustain ability 5:00 p.m. Reception and Dinner Saturdav.June16.2007 8:00 a.m. - 8:30 a.m. Breakfast 8:30 a.m. - 10:30 a.m. SESSION III: Block Grants 10:30 a.m. - 10:45 a.m. Break 2 10:45 a.m. - 11 :30 a.m. 11:30 a.m. - Noon Noon time tbd. Legislative Update and Discussion of Advocacy Activities Michael Wallace Senior Legislative Counsel National League of Cities Reports from Board and Advisory Council Liaisons Anne Sinclair, Council Member, Columbia, South Carolina NLC Board of Directors Willa Johnson, Council Member, Oklahoma City, Oklahoma NLC Advisory Council Adjourn Bus tour of housing authority/public schoolslYale University 3 Western Riverside Council Of Governments General Assembly Business Session AGENDA Thursday, June 21, 2007 6:30 p.m. Morongo Casino, Resort & Spa 2nd Floor Ballroom Cabazon, CA 1. Public Comments At this time members of the public can address the General Assembly regarding any items with the subject matter jurisdiction of the Assembly that are not separately listed on this agenda. Members of the public will have an opportunity to speak on agendized items at the time the item is called for discussion. No action may be taken on items not listed on the agenda unless authorized by law. Whenever possible, lengthy testimony should be presented to the Assembly in writing and only pertinent points presented orally. 2. Approval of Minutes from the June 29, 2006 General Assembly Reauested Action: 1. Approve. 3. Approval of WRCOG Fiscal Year 2007/08 Budget Reauested Action: 1. Approve. 4. Selection of Executive Committee Chair and Vice-Chair for Fiscal Year 2007/08 Reauested Actions: 1. 2. Appoint Mayor Chuck Washington, City of Temecula, as WRCOG Executive Committee Chair for Fiscal Year 2007/08. Appoint Supervisor Jeff Stone, County of Riverside, as WRCOG Executive Committee Vice-Chair for Fiscal Year 2007/08. 5. Adjourn General Assembly June 29, 2006 Summary Minutes ROLL CALL Members Present: City of Banning City of Beaumont City of Calimesa City of Canyon Lake City of Corona City of Hemet City of Lake Elsinore City of Moreno Valley City of Murrieta City of Norco City of Perris City of Riverside City of San Jacinto City of Temecula County of Riverside PLEDGE OF ALLEGIANCE Executive Committee Chairman Jeff Miller led the members and guests in the Pledge of Allegiance. PUBLIC COMMENTS There were no public comments. 1. Minutes Action: 1. Approved the minutes of the June 30, 2005 General Assembly. 2. WRCOG Fiscal Year 2006/07 Budget Action: 1. Adopted the Budget for Fiscal Year 2006/07. 3. Approve amendments to the WRCOG By-laws Action: 1. Approved amendments to WRCOG By-laws. 4. Election of Chair and Vice Chair for Fiscal Year 2006/07 Action: 1. Appointed Marion Ashley, County of Riverside, WRCOG Executive Committee Chair and Mayor Pro Tem Chuck Washington, City of Temecula, as WRCOG Executive Committee Vice-Chair for Fiscal Year 2006/07. 5. Adjournment: The Business Session of the General Assembly adjourned at 6:50 p.m. Western Riverside Council of Governments Executive Committee Frid~~~n~ ~~007 ~..tlf1&""- 10:00 a.m. _~~ Morongo Casino Resort & Spa 2nd Floor Ballroom, Quail and Eagle Room Cabazon, CA. 1. CALL TO ORDER (Chair Chuck Washington) 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS At this time members of the public can address the Executive Committee regarding any items with the subject matter jurisdiction of the Committee that are not separately listed on this agenda. Members of the public will have an opporfunity to speak on agendized items at the time the item is catled for discussion. No action may be taken on items not listed on the agenda unless authorized by law. Whenever possible, lengthy testimony should be presented to the Committee in writing and only pertinent points presented orally. 5. CONSENT CALENDAR All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the Agency, any public comments on any of the Consent Items witl be heard. There witl be no separate action unless members of the Agency request specific items be removed from the Consent Calendar. A. TUMF Program Activities Update Ruthanne Taylor Berger P.i Reauested Actions: 1. 2. 3. 4. 5. 6. 7. Receive report. Approve the revised 2007 TIP for the Northwest Zone. Approve the revised 2007 TIP for the Central Zone. Approve the revised 2007 TIP for the Hemet/San Jacinto Zone. Approve the revised 2007 TIP for the Southwest Zone. Approve the revised 2007 TIP for the Pass Zone. Approve the Network Correction of O. 15% with no a(jjustment in the fees. 6. SPECIAL LEGISLATOR'S BRIEFING California State Assembly members John Benoit (64th District), Paul Cook (65th District), and Kevin Jeffries (66/h District) are scheduled to attend the Executive Committee meeting and discuss key legislative and other activities of interest occurring at the State level. 7. NEXT MEETING The Executive Committee is DARK in July. The next Executive Committee meeting is scheduled for August 6, 2007, 2:00 p.m., County Administrative Center, 1st Floor, Board Hearing Room. 8. ADJOURNMENT PUBLIC SAFETY POLICY COMMITTEE Thursday, June 28, 2007 10:00 a.m. - 3:00 p,m, Hilton San Jose, San Carlos Room (2"d floor) AGENDA I. Welcome and Introductions II. Public Comment m. Legislative Update: (Attachment A) AB 1033 (Caballero), Contributinll to the Dellinauencv ofa Minor. AB 1291 (Mendoza), Antil!anll Violence Parentinl! Classe~. IV. Prison Reform: A Role for Cities? (Attachment B) Reference: http://www.irnakenews.comlpriorityfocus/e_article000805177 .cfm?x=b 11,0, w Speakers: James Tilton, Secretary, California Department of Corrections and Rehabilitation Marisela Montes, Chief Deputy Secretary, Adult Programs(CDCR) V. Funding for Interoperable Communications Speaker: Chief Reginald Chappelle, California Highway Patrol VI. Public Safety Interoperable Communications (pSlq Grant Program (Action Item IAttachment C) VII. Fire Hazard Severity Zone Maps and California's New Building Codes (Attachment D) Speaker: Chief Kate Dargan, California State Fire Marshal VIII. Crimestoppers IX. Gang and Graffiti Prevention Subcommittee Update (Action Item! Attachment E) X. Emergency Preparedness Subcommittee Update (Action Item) XI. Technology Subcommittee Update XII. Budget Update (Handout) XIII. lufrastructure Bond Update (Handout) IXV. Other Business XV. Next Meeting: (Tentative) September 5, 2007, 10:00 a.m., Annual Conference, Sacramento NOTE: Individuals who wish to review the full text of Legislative bills are encouraged to do so by visiting the League's website at ~.cacities.orll ~d clicking on "Bill Search" found at the left column. -Over- ITEM NO. 35 Approvals City Attorney Director of Finance City Manager JM.f" IJIZ 00..- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Mitch Aim, Chief of Police DATE: July 24, 2007 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the month of June 2007. PA TROL SERVICES Overall calls for police service ................................................................................................. 7,848 "Priority One" calls for service ....................................................................................................... 43 Average response time for "Priority One" calls.............................................................4.90 Minutes VOLUNTEERS Volunteer administration hours ................................................................................................... 273 Community Action Patrol (CAP) hours .......................................................................................210 Reserve officer hours (patrol) ....................................................................................................... 27 Total Volunteer hours................................................................................................................ 1038 CRIME PREVENTION/GRAFFITI Crime prevention workshops conducted ........................................................................................ 4 Residential/business security surveys conducted ....................................................................... 0/2 Businesses visited..................................................................................................................... 0/11 Businesses visited for past crime follow-up.................................................................................. 14 Crime prevention articles ................................................................................................................1 Total square footage of graffiti removed.................................................................................. 7,629 Number of Graffiti Locations...................................................................................... .56 OLD TOWN STOREFRONT Total customers served............................................................................................................... 131 Sets of fingerprints taken .............................................................................................................. 26 Police reports filed........................................................................................................................ 15 Citations signed off ....................................................................................................................... 14 Total receipts.......................................................................................................................... $4,918 POP TEAMS On sight felony arrests .................................................................................................................. 12 On sight misdemeanor arrests...................................................................................................... 20 Felony arrest warrants served ........................................................................................................2 Follow-up investigations................................................................................................................ 17 Presentations............................................................................................................ .0 GANG TEAM On sight felony arrests ....................................................................................................................0 On sight misdemeanor arrests........................................................................................................8 Felony arrest warrants served ........................................................................................................3 Follow-up investigations.................................................................................................................. 3 Field I nvestigations Conducted..................................................................................................... 13 Presentations............................................................................................................ .0 SPECIAL ENFORCEMENT TEAM (SET TEAM) On sight felony arrests .................................................................................................................. 14 On sight misdemeanor arrests...................................................................................................... 25 Felony arrest warrants served ........................................................................................................3 Misdemeanor arrest warrants served ............................................................................................. 0 Follow-up investigations............................................................................................................... 19 Drugs Seized 12.5 grams - methamphetamine - 1003.6 grams Marijuana - Vicodin - 10 pills TRAFFIC Citations issued for hazardous violations ................................................................................... 817 D.U.I. checkpoints conducted......................................................................................................... 1 Non-hazardous citations............................................................................................................. 265 Stop Light Abuse Program (SLAP.) citations........................................................................... 120 Neighborhood Enforcement Team (N.E.T.) citations ..................................................................... 0 Parking citations.. ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... .... 326 Injury collisions.............................................................................................................................. 15 Presentations............................................................................................................ .0 INVESTIGA TIONS Beginning Case load .................................................................................................................... 216 Total Cases Assigned during June ...............................................................................................56 Total Cases Closed during June................................................................................. .32 Number of community seminars conducted ................................................................................... 5 Presentations............................................................................................................ .0 PROMENADE MALL TEAM Calls for service........................................................................................................................... 296 Felony arrest/filings....................................................................................................................... 13 Misdemeanor arrest/filings............................................................................................................ 19 Vehicle burglaries........................................................................................................................... 3 Vehicle thefts. ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... ... ..... 0 Prevention/Suppression Programs................................................................................................. 6 Vehicle Crime Deterrence 06/23/07, 06/30/07 Zero Tolerance Crime Awareness Merchants Course Theft Decoy SCHOOL RESOURCE OFFICERS Felony arrests................................................................................................................................. 5 Misdemeanor arrests .................................................................................................................... 10 Citations..................................................................................................................... ................... 22 Youth counseled......................................................................................................................... 231 Presentations........................................................................................................... .8 Bullying Grades 4 - 5 Drug Alcohol Awareness Grades 9-11 YOUTH ACCOUNTABILITY TEAM Orientations delivered to new program members .......................................................................... 0 School visits.................................................................................................................................. 36 Home visits........................................................................................................................ ............ 42 Presentations............................................................................................................ .4 Truancy Sweep............................................................................................................O ITEM NO. 36 Approvals City Attorney Director of Finance City Manager j#.f" iJlZ au...- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: July 24, 2007 SUBJECT: Department of Public Works Monthly Activity Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of June, 2007. TO: MEMORANDUM Bill Hughes, Director of Public Works/City Engineer FROM: vJ 1fJBrad Buron, Maintenance Superintendent DATE: SUBJECT: July 12, 2007 MontWy Activity Report - June, 2007 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of June, 2007: I. SIGNS A. Total signs replaced 26 B. Total signs installed 139 C. Total signs repaired 24 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns 9 III. ASPHALT REPAIRS A. B. Total square feet of A. C. repairs Total Tons 11.096 69 A. IV. CATCH BASINS 59 Total catch basins cleaned A. V. RIGHT-OF-WAY WEED ABATEMENT o Total square footage for right-of-way abatement VI. GRAFFITI REMOVAL A. B. Total locations 56 7.629 Total S.F. VII. STENCILING A. 553 New and repainted legends B. 17.265 L.F. of new and repainted red curb and striping R:\MAlNTAIN\MOACTRPT Also, City Maintenance staff responded to ...fL- service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to -TI... service order requests for the month of Mav.2007. . The Maintenance Crew has also put in 49 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of June. 2007. was $10.793.20 compared to $28.310.00 for the month of Mav.2007. Account No. 5402 Account No. 5401 Account No. 999-5402 $ 6,548.20 $ 4,245.00 $ .0- cc: Dan York, Deputy Director of Public Works/City Engineer Greg Butler, Deputy Director of Public Works Ali Moghadam, Principal Engineer (Traffic) Amer Attar, Principal Engineer (Capital Improvements) Jeny Alegria, Senior Engineer (Land Development) R:\MAINTAIN\MOACTRPT STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of June, 2007 DATE ACCOUNT STREET/CHANNELIBRIDGE DESCRIPTION OF WORK TOTAL COST STZli: Date: 06.07.07 RAINBOW CANYON ROAD SOUTH OF REMOVE AND REPLACE 4 SECTIONS OF GUARD GOLF COURSE RAIL # 5402 Date: 06/14/07 MURRIETA CREEK LOW-FLOW CROSSING AT EAST SIDE TOTAL COST REPAIRS TO DAMAGED GATES $ 6,548.20 #5401 I TOTAL COST $ 4,245.00 Date: # I TOTAL COST Date: # Date: # TOTAL COST Date: # TOTAL COST Date: # TOTAL COST Date: # TOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT #99-5402 I TOTAL COST $ 4,245.00 $ 6,548.20 -0- R:\MAINTAIN\MQACTRPT ... w C!F.ii:::: --'10 9 '" ~ <=> <=> '" <=> <=> <=> <=> '" <=> <=> <=> <=> ;:; <=> '" ~ e,.,. <=> on <=> '" c <=> c c on on <=> ~ <=> c '" "5 ",=> :t .; .; .0 '" .; .; .; N ...: .; .,; .; N .; .0 W ~ =>"' '" '" '" on <=> '" <=> on ... <=> '" '" .. <=> '" hi ~ .. on '" '" .. ... 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"" ,':W 1-' ,~ ":':0; ...-' it: <(, w, ")-. ;"'~;r~:: g 17": .:W, '2 :::l " "Z~ ;'~'~ ~ ~ -c Q) >... ~1Il~ .g -g"U (1) E ~ w ] [ 1ij :::I ~ Cl CIla. UJ ~ a: ~ o ::; III :::l ll. lJ. o I- 2 W :;; ~ ~ w o o W I- W .J.. ll.= :;;= 0" O:g ~= a:'" Oa: ==iiJ w)- O.J 2<( <(0 2UJ w- 1-lJ. 2 ;;: :;; 00 <Do o .; o N .; '" .. 00"-0 o cD .. ~ .; .. W 2 :::l .., 0000 o o .. 0000 o o .. 0000 o o .. 00.....0 o cD .. ~ .; .. 0000 o o .. 0000 o o .. _a; m~!!! LL 1ll ~ Q) ro cCl) ..... =:l co I- a:I O"'..c::cn 5-(1) UO (f) Q) 0>0 ..... ..... Cl...J [ij ~ ~<C .r:: c: '-1- ~ 0 eo <(001- "'0", <00", "''''. ~ri~ 00)" T""_.....oj N 0 '" .. <oo~ ~g~ .....- C")-;g ~~~ . " <0 ;;; 000 o o .. oo~ ~ ~ cri ~ '" ;: 00_ lri '" ;;; 000 o o .. 000 o o .. 000 o o .. <000 ~g"",: C'iri~ 0).. ~cD N .. Cl 2 ii: ii2 I- Ul I- o <( a: I- 2 o o a; '" lJ. Q) m '" '" LL. .5 UJ ~.JI- '" "'UJ ~ .50 ::i1i.io Cl.E!:!...J .5 :g <c .9- c I- .l:: roO '" UJ I- " 00 ~ (O~ N' ~ N oi <0 .. 0)"", <O"'N '" . . '" '" .. o ~ 0"0 o cD .. 0) .. "'00 '" '" '" ~ .. 000 o o .. 0)<00 ~ Lq N '" <0 <i ;;; <0"'", &1 "! o o '" o N .. .. '" 0 ~..-~ o " ~ <i N .. UJ a: o I- o <( a: I- 2 o o W w ~I .,,"'UJ '" '" l- E f) en E EO "C 0>0 I- a: .J CIl CIl <( '" '" I- ~ ~O 1-1-1- 00 00 <0. .", "'N 00) "'. o ;;; 00 "'0 '" . '0 "", ~N cD .. 00 o o .. 00 00 o . -'" ".. "'0) oi ;;; "'0 No "'. '0 ~'" NN oi .. I- W W lJ. d UJ CJ z >=UJ ~l;; ,,-0 ",0 3i;;i qb a: I- "'0" <00 CO_O '" 0) "" "0 .. .. "'0 No .....-0 N" <ON <0 . '" '" '" 00 00 O. -0 00) "0 " . '" ~ C")O'l:tl'- CO/'-I'-(O l'- ('I') 0>_ ~ Q..-(")l'-v or---. CO 010 I.Ol'-VIOO r--:C\f"-: r--: 0) (")(")..-NOCOOO COm/'-.lO LOO MC\l........- 0<0 '" (00)0)0)0(")0)('1')0') C\IMl,() LOvvC\l ~ '" '" '" C\IO)!"-......OVV/'--N NNm..... l'-O)C")V '" 0) cD ~~f::~O~~~~ ~ ". ~ ~ LOCDC\lMOONma ...r.....l.O..... LO'<;tCO ~ N 0) "'" NO)<DOOCO(")l'-v ~co~...... N!'-.C'1M cD I'-l'-O.....OC") 1.0 i!)v ~ (\iN CO~o;;tg ..' == w a: o w o 2 <( 2 w I- 2 ;;: :;; ~ C3 CIl c-g -0 E~ Q) Q) Q) $ fii 1O...J::S Q) .0"'00 "0 U-o<I::21ij '" ." CIl Q) "'0 .5 1'\ ~JgcEQ)ro"'" c..$'UiE~ate Q) IJ) ro.;:::: > 0::: ::l a:::c!DJ-. 0 oo-;;;..!::U)$:c6:C ccBQ)O~Q) ~~c3~~~i ~it '" 0- =>", g, a:(ij > '" 0 ~ ~ Oa: '" " .~ lE '" 11 "'CJ <0 ~ .; N '" '" N E)\ '" 2 'l => " " >- ':' ~ " ~ " ~ o " Z ;;' 2 ~ Ii N<O "" N" oi " '" 0) '" " '" cD N N '" o 0) <i o ~ .; '" '" .. " cD o N N '" '" " ~ cD '" '" oi N '" '" 0) <i o N cD '" '" <0 " '" " 0) cD '" '" <0 0) cD N '" cD '" '" UJ I- UJ o o .J ;:! o I- CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (pOTHOLES) REPAIRS MONTH OF JUNE, 2007 06/01/07 PECHANGA / NICOLAS I POTHOLES 259 2.5 06i04i07 MEADOWVIEW AREA I A.C.OVERLA Y 585 I 4 06/06/07 VIA NORTE 1 DEL REY I R&R/OVERLAY 389 I 4 06/07/07 DEL REY ROAD I R&R/OVERLAY 250 I 4 06/18/07 I PECHANGA 1 RAINBOW CANYON ROAD I A.C. OVERLAY 402 I 6 06/19/07 I A VENIDA DEL SOL I A.C. OVERLAY 2,390 I 12 06/20i07 I VISTA DEL SOLI DEL REY I A.C. OVERLAY 2,094 I 10 06/21/07 I 29781 P ASADA ROAD I A.C. OVERLAY 178 I 3 06i25/07 I MEADOWVIEW AREA I A.C. OVERLAY 687 I 4 06/26/07 I MEADOWVIEW AREA I A.C. OVERLAY 2,476 I 10 06/27/07 I MEADOWVIEW AREA I A.C. OVERLAY 1,139 I 6 06/28/07 I VIA LOBO AREA I A.c. OVERLAY 247 I 3.5 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I TOTAL S.F. OF REPAIRS 11.096 TOTAL TONS 69 R:\MAINTAIN)WKCMPLTDIASPHALT.REPAIR\06.07 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF JUNE, 2007 06/04/07 CITYWIDE 06/07/07 RANCHO VISTA ROAD AT MEADOWS P ARKW A Y CLEANED & CHECKED CLEANED & CHECKED 8 CATCH BASINS 3 CATCH BASINS I 14 CATCH BASINS I 7 CATCH BASINS I 3 CATCH BASINS I 17 CATCH BASINS I 7 CATCH BASINS I I I I I ] I I 'I 1 ;1 'I I 'I I I I I II I I 06i 1 tl07 CITYWIDE I 06/t3/07 AREA #1 I 06/14/07 AREA #4 06/25/07 CITYWIDE 06/28/07 AREA #3 CLEANED & CHECKED CLEANED & CHECKED CLEANED & CHECKED CLEANED & CHECKED CLEANED & CHECKED I I II Ii I I I I II I I I I I I TOTAL CATCH BASINS CLEANED & CHECKED ~ \- R:\MAINTAIN\WKCMPLETD\CATCHBAS\06.07\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF JUNE, 2007 06/0 I i07 28936 OLD TOWN FRONT STREET REMOVED 8 S.F. OF GRAFFITI 06/04/07 REDHA WK P ARKW A Y AT TEMECULA CREEK REMOVED 25 S.F. OF GRAFFITI 06i04i07 I 40605 WINCHESTER REMOVED 21 S.F. OF GRAFFITI 06/07/07 I MARGARITA AT SOUTHERN CROSS REMOVED 4 S.F. OF GRAFFITI 06/07i071 MARGARITA PARK REMOVED 8 S.F. OF GRAFFITI 06/11i07 I FELIX VALDEZ REMOVED 83 S.F. OF GRAFFITI 06/lli07 1 RAINBOW CANYON ROAD REMOVED 9 S.F. OF GRAFFITI 06/11/07 I MIRA LOMA AT RANCHO VISTA REMOVED 4 S.F. OF GRAFFITI 06/11/07 VIA LAS COLINAS REMOVED 75 S.F. OF GRAFFITI 06/tl/07 YNEZ / RANCHO VISTA I REMOVED 147 S.F. OF GRAFFITI II 06illi07 I EMPIRE CREEK AT YNEZ I REMOVED 480 S.F. OF GRAFFITI 06/11/07 I YNEZ AT SANTA GERTRUDIS CREEK I REMOVED I 83 S.F. OF GRAFFITI 06/11/07 I WINCHESTER AT SANTA GERTRUDIS CREEK I REMOVED I 314 S.F. OF GRAFFITI 06/11/07 I SANDERLING WAY I REMOVED 104 S.F. OF GRAFFITI 06/13/07 I MARGARITA BASIN I REMOVED 18 S.F. OF GRAFFITI 06/13/07 140525 WINCHESTER I REMOVED 18 S.F. OF GRAFFITI II 06/14/07 I 1-15 AT SANTA GERTRUDIS I REMOVED 75 S.F. OF GRAFFITI ! 06/14/07 140140 WINCHESTER I REMOVED 12 S.F. OF GRAFFITI 06/15/071 LEENA WAY I REMOVED 124 S.F. OF GRAFFITI 06/15i07 I MARGARITA AT RANCHO VISTA I REMOVED 6 S.F. OF GRAFFITI 06/18/07 126730 YNEZ COURT I REMOVED 3tl S.F. OF GRAFFITI . 06/18/07 1 SANTA GERTRUDIS CREEK I REMOVED 175 S.F. OF GRAFFITI 06il8i07 I 1-15 SIB OFF RAMP 1 REMOVED 260 S.F. OF GRAFFITI R:\MAINTAIN\WKCMPLTD\GRAFFITI\06.07 06/18/07 TARGET CENTER 272 S.F. OF GRAFFITI I 06/18i07 42101 MORAGA ROAD I REMOVED 43 S.F. OF GRAFFITI I 06i18/07 OLD TOWN FRONT STREET AT 6TH STREET I REMOVED I 54 S.F. OF GRAFFITI I I 06/18/07 VINCENT MORAGA AT RANCHO CALIFORNlA ROAD REMOVED 30 S.F. OF GRAFFITI I 06i18/07 FELIX VALDEZ AT GRANNY'S I REMOVED 77 S.F. OF GRAFFITI I 06/18/07 FELIX VALDEZ AT 6TH STREET I REMOVED I 397 S.F. OF GRAFFITI I 06/18/07 PUJOL "DIRT LOT" I REMOVED 1,053 S.F. OF GRAFFITI I I 06/18/07 79 SO. AT LA PAZ I REMOVED 122 S.F. OF GRAFFITI I II 06/18/07 I , LONG VALLEY AT HUMBER REMOVED 45 S.F. OF GRAFFITI I 06/18/07 MAIN AT PUJOL I REMOVED 220 S.F. OF GRAFFITI I, I 06/19i07 CALLE ARANDA AT SOLANA WAY I REMOVED I 250 S.F. OF GRAFFITI , 06/19/07 26730 YNEZ COURT I REMOVED I 75 S.F. OF GRAFFITI I 06i20/07 6TH STREET ALLEY I REMOVED I 40 S.F. OF GRAFFITI I I 06121/07 LOMA LINDA AT TIESBEN COURT 1 REMOVED I 16 S.F. OF GRAFFITI I I 06/25/07 MAIN STREET BRIDGE I REMOVED I 165 S.F. OF GRAFFITI I I I REMOVED I S.F. OF GRAFFITI I I 06/25/07 A VENIDA DE MISSIONES 32 I 06/25/07 I REDHA WK BRIDGE I REMOVED 250 S.F. OF GRAFFITI I , 06i25/07 I COSMIC / SANTA CECELIA I REMOVED 12 S.F. OF GRAFFITI I I 06/25i071 TOWERPLAZAPARKINGLOT I REMOVED I 72 S.F. OF GRAFFITI I I 06/25/07 I GOLDS GYM I REMOVED I 15 S.F. OF GRAFFITI I I, 06/25i07 140885 WINCHESTER ROAD I REMOVED I 16 S.F. OF GRAFFITI I 06/25/07 I SAN GER1RUDIS CREEK AT WINCHESTER ROAD I REMOVED 887 S.F. OF GRAFFITI I II 06/25/07 1 NICOLAS AT JOSEPH ROAD IN CHANNEL I REMOVED 570 S.F. OF GRAFFITI I 06/25/07 I 1-15 AT TEMECULA CREEK BRIDGE 1 REMOVED I 65 S.F. OF GRAFFITI I 06/26/07 I LOMA LINDA I REMOVED 8 S.F. OF GRAFFITI I 06/26/07 I REDWOOD ROAD AT WOLF CREEK I REMOVED 100 S.F. OF GRAFFITI ,I 06/2707 I PASEO BRILLANTE AT VIA PUESTA DEL SOL I REMOVED I 12 S.F. OF GRAFFITI R:\MAINTAIN\WKCMPLTD\GRAFFITI\06.07 06i27 /07 29805 VIA PUESTA DEL SOL REMOVED 8 S.F. OF GRAFFITI 06i27/07 A VENIDA DE MISSIONES AT VIA POQUlTO REMOVED 75 S.F. OF GRAFFITI I 06i28/07 RANCHO VISTA AT BUTTERFIELD STAGE ROAD REMOVED 37 S.F. OF GRAFFITI I 06i28i07 FELIX VALDEZ AT 6TH STREET REMOVED 148 S.F. OF GRAFFITI 06/29i07 NO. GENERAL KEARNY BRIDGE REMOVED 59 S.F, OF GRAFFITI 06i29i07 CROSS CREEK COURT REMOVED 40 S.F. OF GRAFFITI I I I I I I. TOTAL S.F. GRAFFITI REMOVED 7.629 TOTAL LOCATIONS 56 R:\MA1NTAlN\WKCMPLTD\GRAFFITI\06.07 I I I I I I :1 ~ <~ ~o ~~ ~~ ~~ ~~ ~~ ~~ o~ ~~ ~~ ~r-... UQ Q N r r 00000000000000000000000000 00000000000000000000000000 00000000000000000000000000 ~~~~M~~~~M~~~~M~~~~M~~~~M~ ~~~~~~MMMMMNNNNN~~~~~ 00 ... ~ U ~ o "" ....,..t.rlV'lO lrl\OC11["--. l li3 i) li3 ~~-5~ Q) ~]~11 E,oa~t;;>c;>'g,o.-:>C) oj Q) "'" 0.... ;::l '3 ;::l Q) C) 0 Q) !"::..~._~", .... .... -< 00 0 Z 0 ] <> iLl c > o z I- U o l- ll. 111 en (!) ~ > I- ..I LL ~ a 111 en ~ + ~ :;: ..I ii2 ll. <C 0:: <C :;: III 111 U. z <C ..., . " ~ B ~ " ~ ~ ~ ; '" .t"', =0 "'0 ....<'-1 -.<1.l~" ;9:>-. ~,~ o"~ ~,',Q) ~'.',..~ .50 o 0 "'"E-< .... .... 0 O'i ,~ '" 00 ~ '" ,0.;, '" ~t3 0 '" "i ,.~ '" ,\0' 't'"' 00'" .... ~.. 00"': t"'-" -< ....,c; ;:;,"" 0'0 ~ ~ t 000 j ll) " ;.Q ,~ "E "E roo. ~ - ~ 1 1:: ~ j >I' ~ - .g ~, " I II a Q;j '0':: " p. ;E! ..i! 0 " 0,), ::E -< ::E " 0 z 0 .... "-< Cf;l 'JI co N l"- 00 """ """ """ ,., :1 ... o o ~ 0- 00 '" - - Of u, CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF JUNE, 2007 06/12/07 PAUBA E/O YNEZ TRIMMED I 9 R.O.W. TREES I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ,. I I I I Ii 1 I I I I ,I I I I TOTAL R.O.W. TREES TRIMMED -.2 R\MAINTAIN\ WRKCOMPLTD\TREES\06.07 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF JUNE, 2007 DATE REc'D REQl;JFf~T A.C. REPAIRS I MANHOLE LID MISSING I DEBRIS I SIGN MISSING I A.C. REPAIR I SIGN DOWN I TREE TRIMMING I ROOT PRUNING I STORM DRAIN REPAIR I DEBRIS PICK-UP I EROSION QUESTIONS I POTHOLE I TREE TRIMMING I REMOVE SIGNS I TREE DOWN I TAR SPILL I GRAVEL SPILL I WATER LEAK DEBRIS PICK-UP 06/01i07 I TIERRA ROBLES 06/01/07 I 42560 OSCO CIRCLE 06/04i07 I MORAGA ROAD 06/05/07 I DEL REY 06/05/07 J 31505 A VENIDA DEL REPOSO 06/06/07 I DIAZ ROAD 06/06/07 I 42079 P ASEO SONRISA DEL SOL 06/0707 I 31485PASEODELASOLAS 06/07/07 I 41320 SALT RIVER COURT 06/08/07 I A VENIDA CIMA DEL SOL 06/11/07 I 40390 CALLE FIESTA 06/12/07 PECHANGA AT VIA EDUARDO 06/12i07 31791 VINEYARD 06/13/07 I PECHANGA 06/13/07 I 32361 CALLE RESACA 06/13/07 I MARGARITAATYUKON 06/14/07 I SUNNY MEADOWS 06/14/07 MORAGA 06/14/07 31164 KAHWEA ROAD 06/14/07 I 28572 TULITA LANE 06/15/07 I PLUM WAY 06/15/07 13t548 CORTE SALINAS 06/19/07 I MARGARITA ROAD AT RUSTIC GLEN 06/19/07 I 40576 WINDSOR ROAD 06/20/07 I 32852 TULLEY RANCH ROAD SNS PICK-UP SNS DOWN TREE TRIMMING TREE TRIMMING CATCH BASIN LID LOOSE I SLIMEY SIDEWALK DATE WORK COMPLETED 06/01/07 06/01/07 06/04/07 06i05/07 06/05/07 06/06/07 06/06/07 06/07/07 06/07/07 06i08/07 06/11/07 06/12/07 06/12/07 06/13/07 06/13/07 06/13/07 06/14/07 06/14/07 06/14/07 06/14/07 06/15/07 06/15/07 06/19/07 06/19/07 06/20/07 R:\MAINTAIN\WRKCOMPL1D\SORS\06.07 06/21/07 I NICOLAS ROAD 06/22/07 [42110 TEA TREE COURT 06/22./07 I MORAGA 06/22/07 [42843 CAMINO ALAGON 06/22./07 I YNEZ AND 1-15 06/25/07 I 45360 ESCALANTE COURT 06/25i07 I 30729 A VENIDA BUENA SUERTE 06/25/07 I IRON BARK COURT 06/25/07 I MEADOWS PARKWAY AT RANCHO CALIFORNIA RD. 06/25/07 143551 SAN FERMIN PLACE 06/26/07 I VIA TAFALLA 06/26/07 I HONORS AT MARGARITA 06/27/07 I 32116 CAMINO NUNEZ 06/27/07 1 30482 SPICA COURT 06/27/07 [EONA CIRCLE 06/2.8/07 PINE NEEDLE STREET 06/29i07 HERITAGE MOBILE HOME PARK 06/29/07 I DIAZATLOWFLOW I I I 1 I I I I I 1 DEBRIS REMOVAL I TREE TRIMMING I DEBRIS PICK-UP I RED CURB PAINTING I TREE LIMB I ROOT PRUNING I POTHOLE I STORM DRAIN CLEANING I DEBRIS PICK-UP I A.C. WORK I SNS MISSING I T.C. COVER MISSING I TREE CONCERN I STORM DRAIN CLEANING I STORM DRAIN CLEANING I DEBRIS PICK-UP I HYDRANT RPM'S I DEBRIS PICK-UP I I I I I I I I I I DATE WORK. II COMJ>LETED 06/21/07 06/22/07 06/22/07 06/22./07 06/22/07 06/25/07 06/25/07 06/25i07 06/25/07 06/25/07 06/26/07 06/26/07 06/27/07 06/27/07 06/27/07 06/28/07 06/29/07 06/29/07 TOTAL SERVICE ORDER REQUESTS ~ R:\MAINTAIN\WRKCQMPLTD\SORS\06.07 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF JUNE, 2007 1106/01/07 FELIXVALDEZATVINCENTMORAGA I 06/04/07 BUTTERFIELD STAGE ROAD AT WOLF STORE I 06/05/07 1 CAMINO VESTE / CAMINO GUARDA 06/05/07 I PAUBA ROAD 06/05i07 I DEL REY W/O DEL REPOSO 06/06/07 1 REDHA WK I 06/06/07 I 3Z090 VIA BENABARRE 06/06/07 1 HWY 79 SO. ATI-I5 I 06/06/071 DIAZROADATREMINGTON I 06/06/07 I HWY 79 SO. AT OLD TOWN FRONT STREET I 06/07 i07 I WALCOTT AT LA SERENA I 06/07/07 I PAUBA E/O YNEZ I 06/11/071 YNEZATQUIETMEADOW I 06iIl/071 MIRA LOMAAT RANCHO VISTA I 06/11/07 I P AUBA EiO YNEZ I 06/IZ/07 I REDHAWK I 06/12/07 1 P AUBA E/O YNEZ I 06iI4/07 I CITYWIDE I 06/15/071 MARGARlTAATWINCOSTORE I 06/15/071 HWY79 SO. AT MEADOWS PARKWAY I 06/15/071 DENDY AT WINCHESTER 106/18/071 MARGARITA AT SOLANA WAY II 06iZO/07 14TH AT MERCEDES REPLACED RI REPLACED R4-7, TYPEK I INSTALLED /4 R2-Z5, Z WI-I I INSTALLED I 8 R7-9A I REPLACED I R-Z6 I INSTALLED 14Z RPM'S 1 INSTALLED I WI-I, W-I5, R2-Z5 I INSTALLED Iz W-1O-I1 I REPLACED I W3-1 I REPLACED I R3-7 I INSTALLED Iz RI-I, 4 RI-4, Z W3-1 1 INSTALLED 110 R26-81 I REPLACED 1 RI-I I REPLACED 1 RI-I I INSTALLED Iz R7-9A I INSTALLED 156 RPM 1 INSTALLED 1 4 R7-9A I REPAIRED IIZ SIGNS I REPLACED Iz DELINEATORS 1 REPLACED 1 R4-7, TYPE "K" I REPLACED 1 3 TYPE "N" I REPLACED I R4-7, TYPE "K" 1 REPLACED I RI-I R:\MAINTAlN\WKCMPL1D\SrGNS II I I I " I, I I ~ 06/21/07 CALLE MEDUSA AT WINDSOR I 06/21/07 RANCHO CALIFORNIA ROAD AT BUTTERFIELD REPLACED II 06i25/07 PECHANGA AT DEER HOLLOW I REPLACED i 06/25/07 I RANCHO CALIFORNIA RD. AT MEADOWS PKWY. I REPLACED , I 06/26/07 I CITYWIDE I REPAIR ': 06/27i071 DEPORTOLAAT ALCORADRIVE I REPLACED I I I I I I II I I , I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I II RI-I I 3 DELINEATORS I R2.40 I R4-7 112 SIGNS I RI-I,R4-7 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I , I I I I I I, I I I TOTAL SIGNS REPLACED ~ TOTAL SIGNS INSTALLED 139 TOTAL SIGNS REPAIRED ---.M -, R:\MAlNTAIN\WKCMPLTD\SIGNS CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF JUNE, 2007 I 06/05/07 REDHA WK I 06/06/07 AREA #2 I 06/07/07 WALCOTT AT LA SERENA 106/11/07 YNEZ/MARGARlTA/MEADOWSPARKWAY I 06/12/07 AREA #5 I 06/13/07 I AREAS #2 AND #4 I 06/14/07 I AREAS #2 AND #4 i 06/18/07 I AREA #3 06/19/07 I AREA #1 06/20/07 I AREA #2 06/21/07 I AREA #2 06/25/07 I OLD TOWN 06/26/07 I OLD TOWN 06/27 i07 I OLD TOWN FRONT / MORENO I 06/28/07 I DIAZ ROAD I I I I I REPAINTED I REPAINTED I REPAINTED I REPAINTED I REPAINTED I REPAINTED I REPAINTED I REPAINTED REPAINTED REPAINTED I REPAINTED I REPAINTED I REPAINTED REPAINTED REPAINTED 4 LEGENDS, 145 LF. RED CURB II 18 LEGENDS 8 LEGENDS I I 3,987 LF. RED CURB 1,235 L.F. RED CURB 3,899 L.F. RED CURB 3,040 L.F. RED CURB 3,070 L.F. RED CURB 1,889 L.F. RED CURB I 53 LEGENDS I 40 LEGENDS I 117 LEGENDS I 219 LEGENDS I 43 LEGENDS I 51 LEGENDS ;1 I I I I I I TOTAL NEW & REPAINTED LEGENDS 553 NEW & REPAINTED RED CURB & STRIPING L.F. 17.265 R:\MAINTA1N\WRKCOMPLTD\STRlPING\06.07 CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report June I July 2007 Prepared By: Amer Attar Submitted by: William G. Hughes Date: July 24, 2007 PROJECTS UNDER CONSTRUCTION 1. Fire Station - Northeast Site (Roripaugh Ranch) This project will construct a new fire station in the north part of the City. The majority of work was completed by April of 2006. Roripaugh Developer (Ashby) schedule shows access and utilities to the site in August 2007. Because of this there was cost to re-mobilize and complete the project when the aforementioned items are complete, these costs are reflected in an approved change order total, which is the responsibility of the developer. In addition, a fire engine/truck venting system (requested/added on 2/06) will be installed when the Contractor is re-mobilized; this cost is also included in the approved change order total. 2. Temecula Library A full service library, approximately 34,000 square feet in area, has been built on Pauba Road, just west of Fire Station #84. The City was successful in obtaining State grant to aid in funding the library. The Library grand opening was held on December 14, 2006. This project, including all punch list items, is complete. The Notice of Completion was recorded on June 19, 2007. The maintenance Bond is in effect as of December 14, 2006. There are no outstanding claims. The final contract amount was 12,494,856.51. 3. Temecula Education Center- Rough Grading This project will provide for the grading of the proposed Temecula Education Center. Project was awarded on 4/11/06. Construction started on 5/1/06. CCO#1 to relocate/modify all impacted utilities along Diaz Road adjacent to the project was approved by the RDA Board on 10/10/06 and Diaz Road was brought up to grade. All work was completed on March 28, 2007. Other ongoing work under this contract involves EMWD work outside of the project limit. The work is anticipated to be complete in July of 2007. 4. State Route 79 South Medians Under this project raised medians have been constructed on Route 79 South within the Temecula City limits. Most of the work on this project is complete. This project is complete. The City Council accepted the project at the July 10, 2007 meeting. 5. City Field Operations Center (Maintenance Facility and Corporate Yard) - Phase 2 This project will construct the second phase of the City's Field Operation Center, which includes the building and the corporate yard. The project was awarded on July 25, 2006, a preconstruction meeting was held on 8-10-06 and the Notice to Proceed was issued effective 8-11-06. Interior plumbing and electrical fixtures are ongoing. Work on interior finishes and fixtures is ongoing. Final site paving and landscaping is getting started. 6. Fire Station - Wolf Creek Site A new 3-bay, 9,062 SF, heavy urban fire station will be built at the SE corner of Wolf Valley Rd & Wolf Creek Dr South. A $3,591,000 construction contract was awarded to RC Construction on 7/25/06. A Notice to Proceed for this 260 workday contract was issued on 8/15/06. The final walk- through for punchlist is set for July. Punchlist items include: generator final testing, touchup painting/drywall, cleaning, rollup door adjustments/repairs, landscaping, etc. Work is progressing ahead of schedule. Contractor submitted Pay Application #9. Currently, there is 1 approved change order. 7. Diaz Road Realignment to Vincent Moraga Under this project, Diaz Road will be realigned starting just south of Rancho Way to Vincent Moraga Road at Rancho California Road. Business Park Drive will be a T-intersection at Diaz. The traffic signal at existing Diaz Road and Rancho California Road will be removed. The Notice to Proceed was issued and construction began on 3/26/07. Work continues on Phase II of the project, construction of the new Diaz Rd alignment, and the new intersection of Business Park Drive and Diaz Rd. Construction of Phase III, which will involve opening the new Diaz Rd alignmentto traffic, is scheduled to begin before the end of July. Project is on schedule for completion in August. 8. Rancho California Road Widening, Old Town Front Street to 1-15 (Souths ide) This project will construct an additional eastbound lane to provide for a right turn lane to southbound 1-15, as well as modify the existing median to accommodate dual left turn lanes from westbound Rancho California Road to southbound Old Town Front Street. Caltrans has issued the encroachment permit for the portion of the work within the State right-of-way. The Notice to Proceed was issued and construction started on 04/16/07. The first phase of work, which includes the construction of the Cast In Place retaining wall and structural fill, is nearly complete and the contractor is preparing to initiate the 2nd phase. 9. Bridge Fencing Enhancement This portion of the project will provide Architectural Enhancements to the recently constructed fencing at the Overland Drive and Rancho California Road bridges over Interstate 15. Caltrans has issued an Encroachment Permit for the construction and maintenance of the project. A cost proposal for construction has been received and the project was awarded on 05/08/07. The pre- construction meeting is forthcoming. 10. Citywide Concrete Repairs, Phase 11- FY 2006-07 This project will replace old and cracked concrete throughout the City. The project was advertised and two contractors submitted bids. Bids were opened on 05-29-07. The lowest bidder was Del Rio Enterprise. The Council awarded the contract on June 12th. Pre-con will be set up after the contract documents have been finalized. The contract was forwarded to the contractor. Contractor submitted traffic plans to the City for review. The Traffic Division provided comments and the PM reviewed the comments with the contractor. They will revise accordingly and resubmit to the City. Maintenance Division has added 35 new locations to the scope. This will be discussed with the contractor at the pre-con meeting. 2 PROJECTS BEING ADVERTISED FOR BIDS 1. Murrieta Creek Multi Purpose Trail This project will build equestrian and bike trails along Murrieta Creek between Rancho California Road and Diaz Road. The project is funded in part by a $1,214,000 federal grant. All necessary approvals to advertise the project have been obtained and Council has authorized the solicitation of construction bids. The City sent the Encroachment Permit Application to the Riverside County Flood Control District on Dec. 13, 2006. The issuance of the permit is still pending. The project was advertised for construction bids and construction bids opening has been delayed until 08/15/07 in order to incorporate the changes dictated by the US Army Corps of Engineers' Murrieta Creek project. Kimley-Horn, the design consultant, is working on the revisions and an addendum will be sent out to all potential bidders. PROJECTS IN DESIGN 1. Pechanga Parkway Improvements - Phase II (SR 79 South to Pechanga Road) This project will widen Pechanga Parkway (formerly Pala Road) to its ultimate width from the Pechanga Parkway Bridge to Pechanga road. The Environmental Document (Categorical Exclusion) was approved by FHWA on April 19, 2007. The PS&E Package & request for authorization was submitted to Caltrans on 7/2/07. Caltrans has begun their 60 day review period. Right of Way negotiations are underway with the property owners (In addition, Right of Entry documents are being requested). Once the City receives a letter of authorization for construction from Caltrans, the City can start the public bidding process for construction. 2. Pechanga Parkway Storm Drain Improvements - Environmental Mitigation The project includes the construction of new wetlands as part of the Wolf Valley Creek Channel - Stage I Project. The mitigation area is located along the north bank of T emecula Creek and a new landscaping and irrigation system will be installed. Once the mitigation area is constructed, the City is required to complete a 5-year maintenance and monitoring plan. Design plans were submitted & returned to the consultant on July 5. The conservation, grading, & water line easements are complete and will be sent to the City for review by July 12. 3. Murrieta Creek Bridge - Overland Drive Extension to Diaz Road This project includes studying alignments, design and construction of an extension of Overland Drive, westerly to Diaz Road, including a new bridge over Murrieta Creek. The design is being coordinated with the planned Murrieta Creek improvements overseen by Riverside County Flood Control (RCFC) and the Army Corp of Engineers (ACOE). The design consultant's 60% plans have been routed to the appropriate City departments, RCFC & ACOE, and the local utility agencies for review and comment. Plan check comments were sent to the consultant during the month of January; however, the design is currently on hold until the City and Corps can agree on a channel cross section that will not require the City to re-design the bridge plans. 3 4. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. Design consultant Simon Wong Engineering (SWE) and the City are continuing to pursue environmental permitting and coordination issues associated with pursuing the bridge replacement as a stand alone project separate from the Corps of Engineer's Murrieta Creek improvement project. SWE has also revised their original design proposal for this project in light of these additional efforts required; additional funding will be required to cover these revisions. The City was notified that anticipated Federal funding for this project was programmed for Federal Fiscal Year 2010/2011, which could have serious ramifications to the project. SWE submitted a revised proposal to include the expanded scope of environmental work in June. Staff has reviewed SWE's proposal, and requested revisions have been forwarded to SWE. City Council approval of a contract amendment for SWE anticipated in August. 5. Diaz Road Extension to Cherry Street This project was previously "On-hold'" pending data from Riverside County Flood Control. With the construction of the proposed Education Center, this project has become developer driven. Plans have been routed to various utilities for identification of possible conflicts and to Riverside Flood Control and Army Corp of Engineers for verification that the proposed roadway is in conformance with the proposed detention basin within Murrieta Creek. 6. Santa Gertrudis Bicycle/ Trail Undercrossing at Margarita Road This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek under Margarita Road. Data regarding existing utilities are being incorporated into the design. RCFC has provided an Encroachment Permit. This project cannot be constructed until adequate funds are identified. An application was submitted for State Bicycle Transportation Account (BT A) funds on 12/1/06. 7. Western Bypass Corridor Alignment Study This project will complete an alignment study for the Western Bypass Corridor. The City's design Consultant, URS, is now working on developing the plans for the Preferred Alignment. Electronic files of one of the alignments for the southern portion of the project (south of Rancho California Road) were given to the engineer of the developer of the Villages of Old Town. They are supposed to commit to complete the plans and the construction of this portion within a specified time frame. The City is waiting for a letter from the Villages of Old Town with a commitment to design and construct the southerly portion of the WBC including a timeline to accomplish these improvements. 8. Western Bypass Bridge Over Murrieta Creek This project involves the design and construction of a new bridge over Murrieta Creek at the westerly terminus of R-79S and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. Entry permits for geological investigations are pending. The developer of the Villages of Old Town may be taking over the design and construction of this project. The City and developer are negotiating an agreement for the transfer of work. Further development of the design and environmental document is on hold pending the outcome of negotiations. 4 9. Redhawk Park Improvements, Four Sites This project will add amenities to four park sites in the recently annexed Redhawk area. RJM gave a presentation to a committee with members from City Council, residents and staff. This presentation included the information from past community work shops, which helped with conceptual design of the parks. Due to budgetary restraints, the construction was divided into phases over a number of years. RJM used the existing irrigation layout at the future dog park to help reduce the costs but at the same time allowed for a very flexible design that will be able to be adjusted as the dog park needs change in the future. RJM submitted a proposal to design a half court basketball court, ADA accessible parking, and dog park at Redhawk Community Park; a seatwall and shade structure at Sunset Park. The City is currently reviewing the proposal. 10. Old Town Infrastructure Projects. Site Demolition and Site Preparation This project involves demolishing the existing non-historic structures on the City owned parcels at the intersection Main and Mercedes to make way for the Main Street Realignment and the Old Town Parking Structure. The demolition of the McLaughlin Building and the community Pantry is complete. The site has been graded and erosion control BMP's have been installed. 11. Old Town Infrastructure Projects. Underground Utility District This project will effectively underground all overhead utility lines along Old Town Front Street, between 2nd and 6th streets, all of Main Street east of Murrieta Creek and Mercedes Street between 2nd and 6th streets. The City Council approved the resolution forming the underground utility district on October 10, 2006. SCE is designing their underground systems, which will be followed by design of CATV & Telephone UG systems. 60% street improvement plans have been forwarded to the utilities for their review in late January 2007. Edison submitted trenching plans the week of July 2nd. City will with affected utilities the week of July 16th. 12. Old Town Infrastructure Projects. Street Improvements, Mercedes St (2nd. 6th) & the Realignment of Main St. This project will improve Mercedes Street and realign Main Street as part of phase 1 of the Old Town Civic Center project. RBF submitted 90% street plans, which are under review. Water/sewer lines are under design & will be incorporated into the plans. Coordination between the plans and the landscape architect is occurring. Items of interests: (a) the plans will define the Town Square plaza perimeter curb, the colored pavers at Mercedes St, decorative bollards, etc; (c) signage is being reviewed to match existing Old Town signage, (d) impacts to existing structures will be minimized. The design process will be ongoing for the next few months. Bidding process is expected in Sept/Oct. 13. Old Town Infrastructure Projects - Parking Structure & Office/Retail frontage This project will construct a parking structure, including office and retail frontage as part of phase 1 of Old Town Civic Center project. Design Architect, NMR, submitted schematic design drawings for the OTCC Parking Structure (Ph 1D) on 6/1/7. Office/Retail frontage has been revised to a more efficient design eliminating the narrow space to the south. Northerly frontage space will now be two- story to make up the space, facades and view from the street will remain the same. Modifications to items such as lighting, secured paths of travel for Council, secured parking area, gates, basement parking, etc. are on-going. NMR will provide material boards, elevations, etc. on 7/10. 5 14. Old Town Infrastructure Projects - Town Square Plaza Under this project, the plaza area for Phase 1 of the Civic Center will be constructed. NMR and their landscape architectural sub, SWA, have submitted the schematic design package. Review comments were forwarded to the designer. Designers will be resubmitting plans the week of July 16th. 15. Old Town Civic Center Phase 2 Under this project the design and construction documents for phase two ofthe Civic Center Project will be developed. The City Council approved the Old Town Civic Center Master Plan and awarded a design contract to NMR for balance of the Civic Center design on April 1 0, 2007. Design consultant NMR continues the schematic design process. NMR is finalizing the departmental space allocations and adjacency requirements and will be forwarding results in the next few weeks. Departmental floor plans will follow. 16. 79 South Park & Ride This project will design and construct a park and ride facility on 79 South at La Paz. The City is coordinating with RT A to develop an MOU for the preliminary engineering phase of the work and the implementation of the project. Based on Statements of Qualifications a consultant has been selected. The City Council approved a design contract with ME atthe 6/12/07 City Council meeting. The design kick-off meeting was held on 6/21/07, with authorization to proceed effective 7/2/7. 17. De Portola Road Pavement Rehabilitation Project (from Jedediah Smith to Margarita) This federally funded project includes rehabilitating De Portola Road from Jedediah Smith Road to Margarita Road. On Nov 14, 2006 City Council approved the design agreement w/GFB-Friedrich. Consultant started the record research & survey. City forwarded utility as-builts to GFB for coordination. 30% plans were submitted on 2/12/07; design engineer hired consultant to perform street borings. 70% plans are expected in Aug. Discussion ofthe new modified roadway section is taking place to determine if we could incorporate the new section into this rehab project. This is a federally funded project. The PES Submittal/App was resubmitted withe NESMI Report. It is being reviewed by Caltrans. 18. 79 South to Pechanga Parkway - Dual Right Turn Lanes This project includes the design and construction of two dedicated right turn lanes on eastbound 79 South to southbound Pechanga Parkway. The design includes the widening of 79 South and relocation of traffic signal poles. The 50% submittal will be submitted to the City on July 12 for review. 19. Santiago Detention Basin This project includes the design and construction of a desilting basin on the south side of Santiago Road between Vallejo Avenue and John Warner Road. The City Council approved the design contract with Kimley-Horn at the 03/06/07 meeting and Phase I of the design has begun. On 05/03/07, The City and the consultant, Kimley-Horn met with the US Army Corps of Engineers and the Regional Water Quality Control Board to review the project site and determine the best location for the basin. Kimley-Horn provided the City with a number of viable locations for the proposed basin. The City selected a site approximately 500 feet east of Vallejo Ave. The basin will be small in size due to the restrictions of the environmental resource agencies. Kimley-Horn has submitted a 6 breakdown of costs for Phase 2 of the final design. An agenda report for the Phase 2-final design will be sent to council for approval. 20. Winchester Road/79-North Corridor Beautification This federally funded project will design and construct landscaping and irrigation enhancements to the existing raised medians along Winchester Road between Ynez Road and the easterly City limit. The project kickoff meeting was held with the City personnel and RBF consulting. The project is in the 30% design phase. City has hired project design consultants to prepare new topographic plans. The results will be forwarded to RBF for the design of the project. 21. French Valley Parkway Phase 1 - Southbound Off-Ramp to Jefferson, Auxiliary Lane, and Widening the Bridge over Santa Gertrudis Creek atthe Winchester Southbound Off-ramp A southbound of-Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis Creek at the Winchester southbound off-ramp are the components of Phase 1. The City and Caltrans have agreed that immediate action is required to relieve congestion at the Winchester Road southbound off-ramp. Status is as follows: ~ PS&E - Consultant is preparing 95% plans (retaining walls and landscape/irrigation). ~ R/W - Establishing dedication and acquisition needs. ~ Construction Cooperative Agreement - Caltrans comments received on 2nd fact sheet submittal; City is preparing additional information requested. ~ Declaration of Units - Caltrans Approved Metric Exception for this phase. ~ Utilities - Preparing documents to initiate potholing. 22. Temecula Community Center Expansion This project will add approximately 4000 square feet of space to the existing Temecula Community Center to accommodate more human services programs. Work has begun on construction documents for the approved project design. The site plan will also include provisions for the Community Pantry which will be located in the Escalier House and Barn. They will be moved to the site after it has been graded and utilities have been stubbed out. Soils investigation and survey are complete and there are no extraordinary soils conditions. The grading for the Escallier house will be performed in January of 2008. The agreement with Meyer and Associates was revised to reflect the changed scope of work and was approved by City Council on July 10, 2007. 23. Localized Storm Drain Improvements This project will fix the drainage problem at the south end of Front Street (at the MWD easement). Baseline right of way, utilities, and mapping are established. This project is currently on hold. 24. Long Canyon Detention Basin. Access Road This project will construct an access road to the Long Canyon Detention Basin. Plans and specifications are 90% complete. City is seeking FEMA funds to remove excess silt deposited within the basin before constructing the access road. Project is on hold until FEMA determination is finalized. 7 25. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek This federally funded project includes the design and construction of an approximately 200' ped/bike bridge over Santa Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a NEPA document. A field meeting was held on 4/11/07 between the City, Caltrans, Army Corps, Regional Water Board, and Nolte to gather input in preparing the Preliminary Environmental Study form for submittal to Caltrans, the first step in obtaining Federal environmental clearance in the event of Federal funding. Staff review of the PES form has been completed, and the document has been submitted to Caltrans for review. Coordination between the City and Rancho California Water District to acquire a portion of an RCWD-owned parcel needed to construct the bridge continues. 26. Ronald Reagan Sports Park Channel Silt Removal & Desiltation Pond This project includes restoring the Best Management Practices (BMP) of the Stormwater Pollution Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and the RWQCB by desilting the channel & pond located near the Sports Park. A US Army Corps of Engineers Nationwide Permit application has been submitted and communication with the Department of Fish & Game is continuing. City Council authorized the Professional Services Agreement with BonTerra Consulting on 11/14/06 and the kick off meeting was held on 12/06/06. Bon Terra has initiated the environmental clearance process. An amendment to the consultant agreement was approved by City Council on 05/08/07 to provide additional studies required by the regulatory agencies. These studies will aide in determining any impact to native habitat. PROJECTS IN THE PLANNING STAGE 1. 1-15/ SR 79 South Interchange - Project Report (PR) This project will modify the 1-15/ SR 79 South Interchange to accommodate projected future traffic. This is the next step of project development after the completion of the Project Study Report. City continued development of design geometrics and environmental technical studies. Status is as follows: ~ Draft Project Report - Final submittal pending Caltrans review of Environmental Document. ~ Advisory Design Exceptions - Approved 10/18/06. ~ Mandatory Design Exceptions - Approved 10/20/06. ~ Stormwater Data Report - 4th submittal is to coincide with final PR Submittal. ~ Traffic Study - Approved 09/11/06. ~ Modified Access Report - 4th submittal under FHWA review. ~ Geometric Approval Drawings - Under development. ~ Initial Study Assessment - Approved September 2005. ~ Acoustic Evaluation - Approved December 2005. ~ Air Quality Assessment - Approved PM10 Nov 2005 and PM2.5 Ju12006. ~ Nat Environmental Study - Approved May 2006. ~ Cultural Studies - Approved November 2006. ~ Environmental Document - Preparing 4th Submittal for Caltrans review. 8 2. French Valley Parkway Overcrossing and Interchange, Project Report (PR), Plans Specifications, and Estimate (PS&E) Preparation This project will construct an interchange between Winchester Road Interchange and the 1-15/1-215 split. The project is moving through the Caltrans process. Current status is as follows: ~ Draft Project Report - Approved June 2006. ~ Project Report - Final preparation pending approval of Environmental Document. ~ Draft Environmental Document - Approved December 2006. ~ Environmental Document - Under courtesy review by Caltrans HQ. ~ New Connection Report - Preparing revisions per FHWA ~ Traffic Operations Analysis - Preparing revisions per FHWA. ~ Stormwater Data Report - Under Caltrans review. ~ Mandatory Design Exceptions - Approved 07/18/06. ~ Advisory Design Exceptions - Approved 07/18/06. ~ Exception to Ramp Metering Policy - Approved 07/05/06. ~ Geometric Approval Drawings - Approved 07/18/06. ~ Freeway Agreements - 5th submittal is under Caltrans review. ~ Risk Management Plan - Updating as necessary. ~ Project Charter - 1 st draft is under Caltrans review. ~ Declaration of Units - Request for Metric Exception denied by Caltrans. ~ Freeway Agmts - Preparing 5th submittal for Caltrans review. ~ Risk Mgmt Plan - Updating as necessary. ~ Project Charter - 1 st draft is under Caltrans review. ~ Maintenance Agmt - Preparing 1 st submittal for Caltrans review. ~ Financial Plan - Preparing 2nd submittal for Caltrans review. 3. 1-15 and 79 South Sign Replacement - Temecula Parkway Name Addition and Replacement of 79South Signs Within City Limits This project will add the newly adopted name of "Temecula Parkway" to the appropriate freeway signs and change all "79 South" signs within City Limits. The agreement with Caltrans to order and install the signs was approved by the City Council on July 10th. The agreement and the check for the service were hand carried to Caltrans on July 12th. Caltrans will place the order to the sign manufacturers. Once the sign are delivered, Caltrans will start the installation. 4. Pavement Rehabilitation - STPL Project This project will rehab Rancho California Road from Ynez Rd. to the City limits on the east. Geotechnical and survey work have been completed. City PM visited the project site with the consultant to analyze the conditions and prepare a priority list. The list will be completed and presented to City management for final decision. 9 5. Old Town Gymnasium This project will construct a gymnasium in old town, adjacent to the Boys and Girls Club. An RFP was issued to hire an architect to design the gymnasium. Interviews were conducted on 01/22/07. 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LL " "0 0; '" '" 'E OJ '" (;' u c (f) "ff; ..' '" ~ " ' .. . u '" '" " '" .. .... iIi 'E ' .. ., " 0 0:: ::>~8> " ill OJ -c ~ "e- o:: " "e- LL "- c e:: .l!! e:: ~ " '" a. " :; <C a. 'E -c u. -c 1il ~ '" ~ c m U a. !" c 0 .l!! -c c C3 0 0 ~ a. ~ 0 Cl In '" In (f) .E :::J .E () ,...... ,. ..... ..... .. .' 0 . .. N . .. . ." .. ~ .. . .. . ,. ", ..... . . .. "' ... 0 ... (/) ....!"i.. a. l~ III III III III S " " " 0 " 0 0 0 0 .;: 'c .;: OJ .;: .. ~ ~ f- ~ .f...... > I~-- . , II ITEM NO. 37 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager v /lJl CJo..- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Mark Harold, Director of Building and Safety DATE: July 24, 2007 SUBJECT: Departmental Report - June 2007 The month of June 2007 showed a gain of construction activity as compared to previous months. The following is an overview of permit and inspection activity for June. SimIle Familv Development - Tracts In June, the City issued 97 new single family tract home permits. The homes are primarily in Wolf Creek which has 149 homes under construction. Harveston also has 72 homes under construction at this time. There are a total of 449 single family homes under construction throughout the City at the current time. Custom Sinqle Family Homes As of June, we have 11 custom homes under construction. Multi-Familv Development In June there were 32 condominiums permits issued for Temecula Lane, 49 condominiums under construction in the Harveston Savannah Development, and 180 units at Temecula Creek Village. Commercial Development There was 1 new commercial permit issued in June. The Plan check activity submittal for a Commercial Shell Building islocated at 29875 Old Town Front Street. Total Permit and Inspection Activitv During the month of June inspection staff performed 5,279 inspections and 302 permits were issued representing a construction valuation of $26,072,285.57. The total building permit and plan check fees collected in the month of June were $221,734.72.