HomeMy WebLinkAbout072407 CC Agenda
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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
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ITEM NO.1
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ITEM NO.2
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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
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ITEM NO.4
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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:
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ITEM NO.5
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Approvals
City Attorney
Director of Finance
City Manager
V
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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<_
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WESCOM
Credit Union
~~~;ngpro';d'dbY
~ im~!!~ce
X-
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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
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.
.
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
~
/J/2
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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)'
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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
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.
.
.
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
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IN TIlE cnY 01' ~ (X)IJNn' 01' I/N!RSIDE". 5TIIl'IO 01' QUJFORNIA
TRACT NO.
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Approvals
City Attorney
Director of Finance
City Manager
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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
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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.
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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,
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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.
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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.
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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.
-
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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.
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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
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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
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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
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ITEM NO. 16
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Approvals
City Attorney
Director of Finance
City Manager
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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.
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ITEM NO. 17
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Approvals
City Attorney
Director of Finance
City Manager
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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.
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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. .
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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.
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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.
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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
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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.
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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.
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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.
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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]
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EXHIBIT A
TASKS TO BE PERFORMED
CONSULTING SERVICES
MURRIETA CREEK MULTI-PURPOSE TRAIL
PROJECT NO. PW01-27
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~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
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I.
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
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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,
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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
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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
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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
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APPROVED AS TO FORM:
Peter M. Thorson
Agency General Counsel
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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:
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EXHIBIT "A"
DESCRIPTION OF THE EAST PARKING PAD
See Attached
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,.
.
GROUND SUBLEASE
EXHIBIT B - DEPICTION OF EAST PARKING PAD
EAST PARKING
,J ........
EXHIBIT "B"
RING ROAD AGREEMENT
See Attached
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EXHIBIT "C"
GROUND LEASE
See Attached
1
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EXHIBIT "D"
PARKING MANAGEMENT AGREEMENT
See Attached
RWG 959416.5 July 16,2007
LA11731804.7
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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.
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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.
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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
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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
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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,
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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,
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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:
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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.
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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
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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
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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.
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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)
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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
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419586.2 001137.0001
F. C. TEMECULA, INC., a California
corporation
By:
Name:
Title:
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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
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EXHIBIT A -
DEPICTION OF MALL PROPERTY
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IN TEMECULA
TE~ECULA TOWN CENTER ASSOCIATES
949 SOUTH HOPE STREET, SUITE 100
LOS ANGELES, CALlfORNrA 90015
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DEPICTION OF RING ROAD
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July 12, 2007
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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.
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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
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\
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
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ITEM NO. 22
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Approvals
City Attorney
Director of Finance
City Manager
fA'-r
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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
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ITEM NO. 23
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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
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ITEM NO. 24
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Approvals
City Attorney
Director of Finance
City Manager
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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
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ITEM NO. 25
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Approvals
City Attorney
Director of Finance
City Manager
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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
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ITEM NO. 26
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Approvals
City Attorney
Director of Finance
City Manager
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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
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ITEM NO. 27
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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
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ITEM NO. 28
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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
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ITEM NO. 29
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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
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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
~
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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.
Submitted Date
7/3/2007
Anticipated DRC Meeting Date
No Hearing Planned
6016
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Legend
Planning Status - June
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ITEM NO. 34
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Approvals
City Attorney
Director of Finance
City Manager
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CIL
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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.
On June 28'h Council Member Ron Roberts traveled to San Jose, California to attend the League of
California Cities Public Safety Policy Committee Meeting.
Attachments: Meeting Agendas
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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
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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
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1
;1
'I
I
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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
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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
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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
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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
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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
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RI-I
I 3 DELINEATORS
I R2.40
I R4-7
112 SIGNS
I RI-I,R4-7
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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.
The scope of work has been finalized by the chosen architect and it has been approved by Staff.
The agreement with the chosen architect, WLC, was approved by the City Council at the July 10,
2007 meeting.
10
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ITEM NO. 37
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Approvals
City Attorney
Director of Finance
City Manager
v
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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.