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Home My WebLink About112211 CC AgendaIn compliance with the' Americans. with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure. accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET NOVEMBER 22, 2011 — 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 15 E€ P.M E The =City Council/Temecula Redevelopment Agency will Session in the -Canyons -Conference Room on the third floor of,the concerning the folliowinng matter ' E P € f �Ity's purchase of Conference with real prope government. Code Section 54956 8 regardin roperty interests in one parcelof real pr"opE ervice Station at, the south: €west corner of 1 own Front":Street (APN 922-2 0 057)„ a The; roperty are° Negotiators vlin Odviar` er'nego ti nterests. convene Temecu losed' tutors pursuantto cquisi• tionof ` real' ed y o, t Street a Parkway and OId o the' ne otiations b Fr n ecul :es g, reet�ServiceStation of Temecula are G n are price and ubl*c Information t'concerninexisting litigation may be acquired by reviewing the public documents he reg' ies y°� erl CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: Next in Order: Ordinance: 11-10 Resolution: 11-80 Mayor Ron Roberts Danielle Beeman Reverend Tony Foster of True Vine Pentecostal Church Council Member Edwards Comerchero, Edwards, Naggar, Washington, Roberts 1 PRESENTATIONS/PROCLAMATIONS Impaired Driver Awareness Month Proclamation Certificate of Achievement for Eagle Scout Alec Shaw Twelfth Annual Community Candlelight Tribute Day Proclamation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the City Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If .the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item`. There is a five-minute time limit for each speaker. 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, 10 minutes will be devoted to these reports. 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 Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of November 1, 2011. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of September 30, 2011 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of September 30, 2011. 5 Liability Insurance Renewal RECOMMENDATION: 5.1 Approve the insurance policy renewal for liability insurance with Travelers Indemnity Company/Travelers Indemnity Company of Connecticut (Travelers) and excess liability insurance with Ironshore Specialty Insurance Company (Ironshore), in the amount of $219,099, for the period of December 1, 2011 through December 1, 2012. 6 Acceptance of Implementation and Notice of Completion for the Citywide Adaptive Traffic Signal Synchronization System, Phase I and Phase II — Proiect No. PW10-06 RECOMMENDATION: 6.1 Accept the Implementation of the Citywide Adaptive Traffic Signal Synchronization System, Phase I and Phase II, Project No. PW 10-06, as complete; 6.2 Direct the City Clerk to file and record the Notice of Completion. 7 Approval of an Amendment to the City's Proposition 1B Spending Plan and Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Crackfill Project FY2010-2011 — Project No. PW11-04 RECOMMENDATION: 7.1 Approve an amendment to the City's Proposition 1B Spending Plan for FY 2008- 09 to include the Citywide Crackfill Project FY 2010-2011; 7.2 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Crackfill Project — Project No PW 11-04. 8 Approval of Plans and. Specifications and Authorization to Solicit Construction Bids for the Citywide Pavement Rehabilitation Program, Project Numbers PW10-12 — Rancho California Road (Jefferson to Ynez), and PW10-13 — Winchester Road (Jefferson to Ynez) RECOMMENDATION: 8.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Pavement Rehabilitation Program — Project No. PW10-12 and Project No. PW10-13. 9 Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Community Recreation Center (CRC) Roof Replacement — Project No. PW11-06 RECOMMENDATION: 9.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Community Recreation Center (CRC) Roof Replacement — Project No. PW11-06. 10 Amendment to Animal Friends of the Valleys Contract and Spending Authorization for Debt Service and Sheltering Services to the Southwest Communities Financing Authority RECOMMENDATION: 10.1 Approve an amended contract with Animal Friends of the Valleys; 10.2 Approve purchasing authorization for Fiscal Year 2011/2012 payable to Southwest Communities Financing Authority to pay for annual sheltering service costs in the amount of $127,500 annually; 10.3 Authorize the City Manager to approve additional sheltering service costs to Southwest Communities Authority/County of Riverside in the amount of $30,000 annually; 10.4 Approve purchasing authorization for Fiscal Year 2011/2012 payable to Southwest Communities Financing Authority to pay for debt service in the amount of $42,387. 11 Support for HR 41, the Beauty Mountain and Agua Tibia Wilderness Act of 2011 RECOMMENDATION: 11.1 Adopt a resolution entitled: 4 RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE HOUSE OF REPRESENTATIVES BILL HR 41 (ISSA) FOR THE BEAUTY MOUNTAIN AND AGUA TIBIA WILDERNESS ACT OF 2011 12 Agreement for funding the acquisition of open space property (Assessor's Parcel No. 940-030-002) Morgan Stanley Trust, between Western Riverside County Regional Conservation Authority and the City of Temecula RECOMMENDATION: 12.1 Approve the funding agreement for the acquisition of open space property (Assessor's Parcel No. 940-030-002) Morgan Stanley Trust, between Western Riverside County Regional Conservation Authority (RCA).and the City of Temecula in the amount of $154,000. 13 Second Reading of Ordinance No. 11-09 RECOMMENDATION: 13.1 Adopt an ordinance entitled: ORDINANCE NO. 11-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 9.60.045 TO THE TEMECULA MUNICIPAL CODE CONCERNING TIME, PLACE, AND MANNER RESTRICTIONS FOR RESIDENCES OF SEX OFFENDERS ON HALLOWEEN RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 11-01 Resolution: No. CSD 11-09 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, 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-minute time limit for each speaker. CSD CONSENT CALENDAR 14 Action Minutes RECOMMENDATION: 14.1 Approve the action minutes of November 1, 2011. CSD DEPARTMENTAL REPORT 15 Community Services District Departmental Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, December 13, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 11-01 Resolution: No. RDA 11-12 CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar RDA PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Agency Members on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Agency Members on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Agency Members addressing that item. There is a five-minute time limit for each speaker. RDA CONSENT CALENDAR 16 Action Minutes RECOMMENDATION: 16.1 Approve the action minutes of November 1, 2011. RDA DEPARTMENTAL REPORT 17 Redevelopment Department Monthly Report RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, December 13, 2011, at 5:30 P.M., fora Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 7 TEMECULA PUBLIC FINANCING AUTHORITY. Next in Order: Ordinance: No. TPFA 11-01 Resolution: No. TPFA 11-11 CALL TO ORDER: Chair Person Ron Roberts ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts TPFA PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Agency Members on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Agency Members on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Agency Members addressing that item. There is a five-minute time limit for each speaker. TPFA CONSENT CALENDAR 18 Action Minutes RECOMMENDATION: 18.1 Approve the action minutes of July 26, 2011. 19 Execution and Delivery of Lease Financing Documents relating to the Refinancing of the 2001 COPs and 2008 COPs RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS IN CONNECTION WITH THE REFUNDING OF THE CITY OF TEMECULA CERTIFICATES OF PARTICIPATION (2001 CAPITAL IMPROVEMENT FINANCING PROJECT) AND THE CITY OF TEMECULA CERTIFICATES OF PARTICIPATION (2008 TEMECULA CIVIC CENTER FINANCING PROJECT), AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO 8 TPFA BOARD OF DIRECTORS REPORTS TPFA ADJOURNMENT Next regular meeting: Tuesday, December 13, 2011, at 5:30 P.M.; for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 9 TEMECULA HOUSING AUTHORITY — no meeting 10 RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 20 Repeal of Temecula E -Verify Ordinance as mandated by new State legislation prohibiting cities from requiring employers to use E -Verify RECOMMENDATION: 20.1 introduce and read by title only an ordinance entitled: ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING CHAPTER 5.06, LAWFUL HIRING COMPLIANCE (E -VERIFY), OF THE TEMECULA MUNICIPAL CODE 21 Increase Public Prosect Force Account, Negotiated Contract, Purchase Order Limit RECOMMENDATION: 21.1' Introduce and read by title only an ordinance entitled: ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 3.32.010 OF THE TEMECULA MUNICIPAL CODE REGARDING THE CONSTRUCTION ON PUBLIC PROJECTS 22 Public/Traffic Safety Commission Appointments RECOMMENDATION: 22.1 Appoint three applicants to serve on the Public/Traffic Safety Commission, two for full three-year terms through October 10, 2014 and one un -expired term through October 10, 2013. DEPARTMENTAL. REPORTS 23 Planning Department Monthly Report 24 City Council Travel/Conference Report - October 2011 25 Public Works Department Monthly Report 26 Police Department Monthly Report 11 CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, December 13, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for viewing at the Main Reception at City Hall (41000 Main Street, Temecula) or at the Temecula Library (30600 Pauba Road, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the packet may as well be accessed on the City's website — www.citvoftemecula.orq Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the Main Reception at the Civic Center (41000 Main Street, Temecula — 8:00 — 5:00 PM). In addition, such material will be made available on the City's web — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Clerk's Department — 951-694-6444. 12 PRESENTATIONS The City of Ti PROCLAMA WHEREAS, the City of Temecula is committed to ensuri: holiday season; and WHEREAS, impaired drivers kill 12,000 people annuall` WHEREAS, every forty-eight seconds someone is permE WHEREAS, four out of every 10 Americans are likely t lifetime; and WHEREAS, 40% of all traffic deaths are alcohol related: WHEREAS, in 2010, there were 186 under age 21, alcohc 208,831 `Driving Under the Influence' arrests for all ages; and WHEREAS, the City of Temecula calls upon all member: private institutions, businesses, hospitals, and schools in Riversid( observe December as Impaired Driver Awareness Month and to NOW, THEREFORE, I, Ron Roberts, on behalf of the C the month of December 2011, to be "Impaired Driver Awc I• The City of Certificate ofA The City Council of the City the outstanding ac Alec 5 of Troop We congratulate Alec for his achievement on ] proud to present Alec with this Award, a accomplishments. I, The City of Ti PROCLAMA WHEREAS, the communities of Temecula and Murrieta corn, "Remembering Those We've Loved and Lost" over the years, and even rec, women; and through terminal illness, accidents, suicide, and other causes; WHEREAS, especially during the holidays, just as all year long, wi young and old alike, by remembering our loved ones with this special con WHEREAS, we invite the citizens of Temecula and Murrieta and t this time of remembrance with special inspirational music, singing, and si WHEREAS, this is an opportunity for everyone to show support, c have lost a loved one. NOW, THEREFORE, I, Ron Roberts, on behalf of ti Saturday, December 3, 2011, as The Twelfth Annual Commun "Remembering Those f and encourage all citizens of Temecula to participate in this impor Amphitheater that will benefit the health, welfare, and harmony of our cit' I• CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET NOVEMBER 1, 2011 — 7:00 PM The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Ron Roberts Prelude Music: Susan Miyamoto Invocation: Larry Slusser, Church of Jesus Christ of Latter Day Saints Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTATIONS/PROCLAMATIONS Family Night in Temecula Proclamation Certificate of Appreciation for Susan Mivamoto PUBLIC COMMENTS The following individual addressed the City Council: • Mark Carlson • Paul Jacobs • Robert Sved • Steve Clugston CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Action Minutes1110111 1 2 Action Minutes — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 2.1 Approve the action minutes of October 25, 2011. 3 List of Demands — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION 3.1 Adopt a resolution entitled: RESOLUTION NO. 11-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Riverside County Mortgage Credit Certificate Program — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 11-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM 5 Temporary Street Closures for 2011-2012 Winterfest Events — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 5.1 Receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2011-2012 Winterfest Events: ICE SKATING RINK AT TOWN SQUARE SANTA'S ELECTRIC LIGHT PARADE WINTER WONDERLAND NEW YEARS EVE CELEBRATION SANTA'S WORKSHOP Action Minutes1110111 2 At 7:29 P.M., the City Council convened as the Temecula Community Services District, the Redevelopment Agency, the Temecula Public Financing Authority, and the Temecula Housing Authority. At 7:31 P.M., the City Council resumed with regular business. PUBLIC HEARING 8 Citizen Participation Plan that sets forth the City's policies and procedures for Citizen Participation in the development of its Community Development Block Grant (CDBG) Program — Approved Staff Recommendation (5-0-0) Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 11-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO ADOPT A CITIZEN PARTICIPATION PLAN THAT SETS FORTH THE CITY'S POLICIES AND PROCEDURES FOR CITIZEN PARTICIPATION IN THE DEVELOPMENT OF ITS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FIVE-YEAR CONSOLIDATED PLAN, ANNUAL ACTION PLANS, ANNUAL PERFORMANCE REPORTS, AND ANY SUBSTANTIAL AMENDMENTS Assistant Planner Lowrey presented the staff report (as per agenda material). City Attorney Thorson advised that because the Plan before the City Council is to set the public procedure and that, therefore, Council Member Edwards may participate in this item and does not have a conflict. CITY COUNCIL BUSINESS 9 Execution and Delivery of Lease Financing Documents relating to the Refinancing of the 2001 COPs and 2008 COPs — Approved Staff Recommendation (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and voice vote reflected unanimous approval RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 11-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS IN CONNECTION WITH THE REFUNDING OF THE CITY'S CERTIFICATES OF PARTICIPATION (2001 CAPITAL IMPROVEMENT FINANCING PROJECT) AND THE CITY'S CERTIFICATES OF PARTICIPATION (2008 TEMECULA CIVIC CENTER FINANCING PROJECT), AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO Action Minutes1110111 3 Senior Debt Analyst Bilby and Brian Quint of Quint & Thimmig (Bond Counsel) presented an overview of the item. 10 Community Services Commission Appointment — Reappointed Jim Meyler (5-0-0) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and voice vote reflected unanimous approval RECOMMENDATION: 10.1 Appoint one applicant to serve a full three-year term on the Community Services Commission through October 10, 2014. City Clerk Jones reviewed the staff report (of record). CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 7:52 P.M., the City Council meeting was formally adjourned in honor of Herman Parker, to Tuesday, November 22, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., City Council Chambers, 41000 Main Street, Temecula, California. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes1110111 4 Item No. 3 Approvals City Attorney Director of Finance City Manager ffiie-r- OcL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Wilson, Director of Finance DATE: November 22, 2011 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Shafe, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- 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. 11- 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 $4,764,349.49 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 22nd day of November, 2011. Ron Roberts, 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. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of November, 2011, 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 10/27/2011 TOTAL CHECK RUN: $ 1,068,312.98 11/03/2011 TOTAL CHECK RUN: 315,445.68 11/10/2011 TOTAL CHECK RUN: 2,551,479.55 10/27/2011 TOTAL PAYROLL RUN: 409,234.77 11/10/2011 TOTAL PAYROLL RUN: 419,876.51 TOTAL LIST OF DEMANDS FOR 11t22/2011 COUNCIL MEETING: $ 4,764,349.49 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 2,934,905.90 130 RECOVERY ACT JAG FUNDING 3,330.73 165 AFFORDABLE HOUSING 16,202.21 170 MEASURE A FUND 124,060.47 190 TEMECULA COMMUNITY SERVICES DISTRICT 430,973.38 192 TCSD SERVICE LEVEL B 77,841.42 194 TCSD SERVICE LEVEL D 6,422.64 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 9,075.02 197 TEMECULA LIBRARY FUND 16,857.18 210 CAPITAL IMPROVEMENT PROJECTS FUND 93,685.47 280 REDEVELOPMENT AGENCY - CIP PROJECT 12,654.89 300 INSURANCE FUND 4,870.83 320 INFORMATION TECHNOLOGY 101,462.56 330 SUPPORT SERVICES 11,922.53 340 FACILITIES 58,094.29 375 SUMMER YOUTH EMPLOYMENT PROGRAM 253.43 390 TCSD DEBT SERVICE 652.19 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 162.63 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 150.25 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 968.77 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 41.60 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 315.86 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 81.98 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 97.94 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 4,599.39 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 27.23 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 36.61 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 33.76 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 3,382.72 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 827.66 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 93.22 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 47.71 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 624.37 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 26.43 518 SERVICE LEVEL"C"ZONE 18 TEMEKUHILLS 377.48 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 674.18 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 5,240.93 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 3,825.99 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 35.34 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 153.11 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 1,810.69 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 95.83 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 89.60 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 66.43 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 3,406.99 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 74.42 700 CERBT CALIFORNIA EE RETIREE-GASB45 4,603.95 $ 3,935,238.21 001 GENERAL FUND $ 479,886.29 165 AFFORDABLE HOUSING 17,895.33 190 TEMECULA COMMUNITY SERVICES DISTRICT 207,939.54 192 TCSD SERVICE LEVEL B 769.04 194 TCSD SERVICE LEVEL D 3,231.93 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,951.70 197 TEMECULA LIBRARY FUND 2,428.21 280 REDEVELOPMENT AGENCY - CIP PROJECT 13,509.68 300 INSURANCE FUND 2,676.84 320 INFORMATION TECHNOLOGY 37,458.27 330 SUPPORT SERVICES 11,293.95 340 FACILITIES 23,822.13 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 165.49 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 110.87 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 131.62 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 24.02 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 266.99 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 48.49 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 68.54 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 453.38 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 3.54 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 20.49 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 12.53 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 302.49 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 64.33 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 37.06 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 32.52 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 75.57 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 6.08 518 SERVICE LEVEL"C"ZONE 18 TEMEKUHILLS 280.32 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 149.97 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 406.30 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 687.94 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 17.06 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 18.10 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 386.96 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 124.92 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 5.52 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 18.10 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 570.53 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 10.14 700 CERBT CALIFORNIA EE RETIREE-GASB45 21,748.50 TOTAL BY FUND: 829,111.28 $ 4,764,349.49 apChkLst Final Check List Page: 1 10/27/2011 11:29:25AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1798 10/26/2011 000444 INSTATAX (EDD) 3rd qtr '11 ending 9/30/11 16,896.01 16,896.01 1799 10/27/2011 010349 CALIF DEPT OF CHILD Support Payment 738.45 738.45 SUPPORT 1800 10/27/2011 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 2,807.76 2,807.76 SOLUTION 1801 10/27/2011 000444 INSTATAX (EDD) State Disability Ins Payment 23,469.59 23,469.59 1802 10/27/2011 000283 INSTATAX (IRS) Federal Income Taxes Payment 78,770.85 78,770.85 1803 10/27/2011 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 10,881.32 10,881.32 SOLUTION 1804 10/27/2011 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 131,652.87 131,652.87 RETIREMENT) 148328 10/26/2011 003203 ARTISTIC EMBROIDERY LADIES' EVENT STAFF SHIRTS: TCSD 155.16 155.16 148329 10/26/2011 003203 ARTISTIC EMBROIDERY MEN'S EVENT STAFF SHIRTS: TCSD 155.16 155.16 148330 10/26/2011 003203 ARTISTIC EMBROIDERY uniform shirts: TCSD Maint 1,208.96 1,208.96 148331 10/26/2011 003203 ARTISTIC EMBROIDERY EVENT STAFF SHIRTS: TCSD 585.08 585.08 148332 10/26/2011 003203 ARTISTIC EMBROIDERY UNIFORM SHIRTS: TCSD 84.05 84.05 148333 10/26/2011 003203 ARTISTIC EMBROIDERY uniform shirts: TCSD 66.81 66.81 148334 10/27/2011 004765 ACTIVE NETWORK INC, THE software renewal/maint:Safari 18,931.25 18,931.25 148335 10/27/2011 004802 ADLERHORST INTERNATIONAL K-9 Tracking Seminar: Cpl Staat 750.00 750.00 INC 148336 10/27/2011 013015 ALWAYS RELIABLE backflow testing:var city sites 525.00 525.00 BACKFLOW Pagel apChkLst Final Check List Page: 2 10/27/2011 11:29:25AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 148337 10/27/2011 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 762.84 (AFN) DUI & drug screenings: Police 508.56 DUI & drug screenings: Police 720.46 DUI & drug screenings: Police 771.42 2,763.28 148338 10/27/2011 003520 AMERICAN SOCIETY OF '11 ASCAP music license:old town 1,471.00 1,471.00 COMPOSERS 148339 10/27/2011 013338 APPLE STORE employee computer loan pgrm 2,000.00 2,000.00 148340 10/27/2011 014417 APPLEMAN, TODD lighting equip rental: theater 1,275.00 1,275.00 148341 10/27/2011 013950 AQUA CHILL OF SAN DIEGO Oct drinking water svc:civic ctr 121.76 Oct drinking water svcs: police 26.94 148.70 148342 10/27/2011 011961 AT&T MOBILITY Sep Trip Wires Grafitti: Police 135.28 135.28 148343 10/27/2011 002377 BEST BUY COMPANY INC employee computer loan pgrm 1,828.19 1,828.19 148344 10/27/2011 004040 BIG FOOT GRAPHICS STAFF SHIRTS: SPECIAL EVENT 268.00 268.00 STAFF SHIRTS 148345 10/27/2011 008605 BONTERRA CONSULTING 8/12-9/9 CNSLT:RRSP DESILTING 1,081.82 1,081.82 BASIN 148346 10/27/2011 014329 BOOK WHOLESALERS, INC (22) books: library (1) book: library (1) book: library (117) books: library (4) books: library (1) book: library (10) books: library (21) books: library (61) books: library (1) book: library (20) books: library (27) books: library (106) books: library (1) book: library (1) book: library (1) book: library 148347 10/27/2011 014299 BOOKS ON TAPE (1) Book on Tape: Library 287.65 18.75 21.40 1,537.45 121.20 20.57 240.99 405.10 1,167.64 18.41 261.72 398.80 1,372.26 21.48 12.93 13.24 5,919.59 36.37 36.37 Page2 apChkLst Final Check List Page: 3 10/27/2011 11:29:25AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 148348 10/27/2011 006908 C C & COMPANY INC 148349 10/27/2011 012878 C S OFFICE INTERIORS 148350 10/27/2011 003138 CAL MAT 148351 10/27/2011 004248 CALIF DEPT OF JUSTICE-ACCTING 148352 10/27/2011 000131 CARL WARREN &COMPANY INC 148353 10/27/2011 009640 CERTIFION CORPORATION 148354 10/27/2011 000137 CHEVRON AND TEXACO 148355 10/27/2011 013484 COMMUNITY ASSOCIATIONS 148356 10/27/2011 004405 COMMUNITY HEALTH CHARITIES 148357 10/27/2011 001264 COSTCO WHOLESALE 148358 10/27/2011 004329 COSTCO WHOLESALE CORP 148359 10/27/2011 010650 CRAFTSMEN PLUMBING & HVAC INC 148360 10/27/2011 014484 CRYSTAL RIDGE 148361 10/27/2011 003945 DIAMOND ENVIRONMENTAL SRVCS (Continued) Description Amount Paid Check Total face painting:Halloween camival ergonomic equip: TCSD ergonomic equip: support svcs PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials Sept billing adj: Johnson/Stinger SEPT FINGERPRINTING SVC: PDA -IR Sept liability claims svcs:fnance Sept database subscr: police City vehicles fuel: Police refund:sec dep/picnic rental:harveston Community Health Charities Payment misc supplies: CH Museum misc supplies: Fire Prevention plumbing svcs: Stn 84 plumbing svcs: Stn 92 refund:bal of dep:CC&Rs deannexation portable restrooms:4th July portable restrooms:4th July Oct restroom svc: GOHS fence rental: rrsp portable restrooms:4th July parade 148362 10/27/2011 004222 DIAMONDBACK FIRE & equip repair/maint: Stn 73 RESCUE, INC 275.00 611.12 265.20 447.08 114.01 161.34 451.55 -64.00 5,066.00 1,166.65 167.90 2,105.75 210.00 62.00 29.60 309.51 1,500.00 145.00 5,050.00 4,413.38 1,352.00 52.78 900.38 493.17 275.00 876.32 1,173.98 5,002.00 1,166.65 167.90 2,105.75 210.00 62.00 29.60 309.51 1,645.00 5,050.00 7,211.71 2,326.87 2,326.87 Pages apChkLst Final Check List Page: 4 10/27/2011 11:29:25AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 148363 10/27/2011 004192 DOWNS COMMERCIAL FUELING INC 148364 10/27/2011 001056 EXCEL LANDSCAPE Description Amount Paid Check Total Fuel for City vehicles: PW Ldv/npdes 231.75 Fuel for City vehicles: B&S Fuel for City vehicles: PW Traffic Fuel for City vehicles: PW cipAdv/npdes Fuel for City vehicles: Police Fuel for City vehicles: Code Enf/Pln Fuel for City vehicles: TCSD Fuel for City vehicles: TCSD Fuel for City vehicles: PW Maint landscape maint/repair:avondale irrigation repair:buttefield park Aug landscape maint: Harveston irrigation repair:sports park irrigation repair:margarita rd irrigation repair:buttefield park irrigation repair:harveston park Jul landscape maint: Harveston irrigation repair:sports park irrigation repair:sports park irrigation repair:vail ranch park irrigation repair:harveston park irrigation repair:redhawk park irrigation repair:harveston park 148365 10/27/2011 003747 FINE ARTS NETWORK sttlmnt: Evita 10/13-10/23/11 148366 10/27/2011 011922 FIRST AMERICAN CORELOGIC Sept database subscr: code enf INC 448.26 103.67 324.74 59.08 594.77 154.49 2,272.52 1,602.22 1,040.19 278.53 300.00 183.50 136.35 134.41 140.94 300.00 407.92 111.95 522.13 326.28 402.51 326.28 5,791.50 4,610.99 13,894.55 13,894.55 148.50 148.50 Page4 apChkLst Final Check List Page: 5 10/27/2011 11:29:25AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 148367 10/27/2011 003347 FIRST BANKCARD CENTER 002925 NAPA AUTO PARTS GB exhibit parts: Ch Museum 35.25 004789 VERIZON MH Civic Center FIOS svc 506.58 013851 STORM SOURCE, LLC MH appointment plus: info tech 20.00 007282 AMAZON.COM, INC MH N wall mount: comm dev area 53.97 006915 ALLIES PARTY EQUIPMENT SJ equip rental:comm recog 10/12 290.33 002528 EAGLE GRAPHIC CREATIONS AA recognition plaque: econ dev 150.85 INC 004380 BOY SCOUTS OF AMERICA AA table © distinguished citizen dinner 1,000.00 014485 WHITESAND AA lunch:staff incubator site visit 71.66 000515 TEMECULA VALLEY CHAMBER AA regist: Damko, C women/business 35.00 OF 002103 C A P 10 AA regist:Ballreich, M crisis comm 10/10 75.00 005531 FRONT STREET BAR & GRILL SJ meal:closed council mtg 9/13 220.00 012915 LUCILLE'S BBQ SJ meal:closed council mtg 9/27 276.70 000210 LEAGUE OF CALIF CITIES SJ regist:new lawcf 11/30-12/2 440.00 3,175.34 148368 10/27/2011 004074 FRANCHISE MGMT SERVICES misc supplies: high hopes pgrm 77.13 77.13 INC 148369 10/27/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 148370 10/27/2011 007866 G C S SUPPLIES INC toner/ink cartridges:info tech 3,619.16 toner/ink cartridges:info tech 896.70 toner/ink cartridges:info tech 246.00 toner/ink cartridges:info tech 335.20 5,097.06 148371 10/27/2011 003946 G T ENTERTAINMENT sound svcs:Halloween camival 400.00 400.00 148372 10/27/2011 001937 GALLS INC volunteer uniform svc: police 9.31 volunteer uniform svc: police 3.64 12.95 148373 10/27/2011 013552 GANDS PRODUCTIONS LLC sttlmnt: Country at the Merc 10/22 438.75 438.75 148374 10/27/2011 000177 GLENN IES OFFICE PRODUCTS Office Supplies: TV Museum 186.54 186.54 INC 148375 10/27/2011 003792 GRAINGER misc backstage supplies:theater 29.48 29.48 Pages apChkLst Final Check List Page: 6 10/27/2011 11:29:25AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 148376 10/27/2011 014478 H D AUTO refund:bus lic fee collected in error 35.00 35.00 148377 10/27/2011 003342 HABITAT FOR HUMANITY sttlmnt: Wodd Habitat Day 10/4 511.00 511.00 148378 10/27/2011 014474 HANNAH-MEISTRELL, KENDRA event prizes Halloween 10/31/11 400.00 400.00 148379 10/27/2011 014363 HANSEN, SUSIE Theater performance: 11/4/11 2,900.00 2,900.00 148380 10/27/2011 003106 HERITAGE SECURITY Sept security svc:harveston patrol 1,328.00 1,328.00 SERVICES 148381 10/27/2011 003198 HOME DEPOT, THE misc hardware supplies: TCSD 21.52 21.52 148382 10/27/2011 000194 I C M A RETIREMENT -PLAN I C M A Retirement Trust 457 Payment 4,800.38 4,800.38 303355 148383 10/27/2011 004406 IGOE & COMPANY INC Oct flex benefit plan pmt 205.00 205.00 148384 10/27/2011 014378 IMAGE DISTRIBUTION parking citations printing: Police 1,114.14 1,114.14 SERVICES 148385 10/27/2011 004833 IMPERIAL PAVING COMPANY city asphalt maint: PW Maint 39,796.00 39,796.00 INC 148386 10/27/2011 004984 INDEPENDENT ROOFING ROOF WATERPROOF/INSPECT:CIVIC 650.00 650.00 CONSULTANT CENTER - 148387 10/27/2011 013420 INGRAM LIBRARY SERVICES (1) BOOK: LIBRARY 23.07 23.07 INC 148388 10/27/2011 014435 INLAND EROSION CONTROL polyrock gravel bags: pw maint 360.00 360.00 SRVCS 148389 10/27/2011 006914 INNOVATIVE DOCUMENT Sept copier maint/repair: Library 535.24 SOLUTIONS Sept copier maint/repair: citywide 3,588.08 4,123.32 148390 10/27/2011 003266 IRON MOUNTAIN OFFSITE Sept offsite media storage:records 416.27 416.27 148391 10/27/2011 004119 J T B SUPPLY COMPANY INC traffic light supplies: pw traffic 1,848.99 1,848.99 148392 10/27/2011 001091 KEYSER MARSTON Sept affordable housing cnslt 801.25 801.25 ASSOCIATES INC Pages apChkLst Final Check List Page: 7 10/27/2011 11:29:25AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 148393 10/27/2011 009336 KOPIE SHOP LLC Promotional Items: Theater 80.81 80.81 148394 10/27/2011 004062 KUSTOM SIGNALS INC lidar equip repair/maint: police 664.00 664.00 148395 10/27/2011 013879 LAKESHORE LEARNING misc supplies: CRC 6341 63.41 MATERIALS 148396 10/27/2011 014481 LEON, LENNYS refund:sec dep:kitchen rental:TCC 400.00 400.00 148397 10/27/2011 003726 LIFE ASSIST INC Medical supplies: Paramedics 159.57 Medical supplies: Paramedics 185.11 344.68 148398 10/27/2011 002634 LITELINES INC light lenses: various park sites 275.84 275.84 148399 10/27/2011 004087 LOWES INC maint supplies: Stn 92 180.85 180.85 148400 10/27/2011 013982 MCI COMM SERVICE Oct xxx0714 gen usage:PD mall alarm 31.02 Oct xxx-0346 general usage 30.15 61.17 148401 10/27/2011 004141 MAINTEX INC Misc cleaning supplies:cityfacs 2,249.82 2,249.82 148402 10/27/2011 009812 MAISEY, JOHN reimb: ppe 10/07/11 50.00 50.00 148403 10/27/2011 014184 MALCOLM SMITH Veh repair&maintxx-0175:police 175.35 MOTORCYCLES, INC Veh repair & maint xx-0172:police 175.35 (4) motorcycles purchase:police 79,263.19 Veh repair & maint xx-0169:police 202.35 Veh repair & maint xx-0192:police 175.35 79,991.59 148404 10/27/2011 014272 MATTHEW PISTILLI LDSCP SRVCS:WINMWY79 15,490.00 LANDSCAPE SRV CORRIDOR credit:ldscp srvcstwin-hwy 79 corridor -485.00 15,005.00 148405 10/27/2011 014392 MC COLLOUGH, JILL DENISE Oct plant rental & maint:civic ctr 525.00 Oct plant rental & maint:library 200.00 725.00 148406 10/27/2011 005887 MOFFATT &NICHOL 7/31-8/27 CONSULTING:F.VLY/I-15 20,736.57 20,736.57 ENGINEERS OVERCRS 148407 10/27/2011 014456 MORA, DANNY refund:security deposit/theater 500.00 500.00 148408 10/27/2011 001986 MUZAK -SOUTHERN Nov dish networkprograming:foc 123.18 123.18 CALIFORNIA Page:7 apChkLst Final Check List Page: 8 10/27/2011 11:29:25AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 148409 10/27/2011 000727 NATIONAL FIRE PROTECTION Fire Code Subscription: Prevention ASSN 148410 10/27/2011 003964 OFFICE DEPOT BUSINESS SVS DIV 148411 10/27/2011 001171 ORIENTAL TRADING COMPANY INC 148412 10/27/2011 002344 OSVOLD, HEIDA 148413 10/27/2011 005656 PAPA 148414 10/27/2011 012833 PC MALL GOV, INC. 832.50 832.50 Misc office supplies: Theater 13.30 Misc office supplies:central srvcs 18.50 Misc office supplies:central srvcs 31.48 Misc office supplies: Theater 36.43 Misc office supplies:pd mall office 171.66 Misc office supplies:pd mall office 18.71 290.08 Misc supplies: children's museum 33.99 33.99 Reimb: Intl Code Council book 63.95 63.95 Pesticide appl.seminar: M.Wiechec 11/15 80.00 80.00 Misc supplies:info Tech Misc supplies:info Tech credit:item returned/info tech Misc supplies:info Tech (2) computer tablets:city council 148415 10/27/2011 000249 PETTY CASH Petty Cash Reimbursement Petty Cash Reimbursement 148416 10/27/2011 010338 POOL & ELECTRICAL Pool supplies & chemicals:Aquatics PRODUCTS INC 148417 10/27/2011 014479 PUDGIL, MELISSA 148418 10/27/2011 004529 QUAID TEMECULA HARLEY-DAVIDSON 148419 10/27/2011 000262 RANCHO CALIF WATER DISTRICT 181.28 64.65 -282.75 406.66 1,729.28 2,099.12 459.83 398.12 857.95 296.16 Pool supplies & chemicals:Aquatics 350.95 Pool supplies & chemicals:Aquatics 71.79 718.90 refund:sec dep:rm rental:CRC 400.00 400.00 Sept veh repair & maint: Police 735.45 735.45 Oct var water meters:TCSD svc lev C 16,395.20 Oct var water meters:Fire Stns 386.44 Oct water meters:30875 Rancho vista 415.43 Oct var water meters:TCSD & PW 1,604.01 148420 10/27/2011 000907 RANCHO TEMECULA CAR Sep City vehicles detailing srvcs:var 115.50 WASH 148421 10/27/2011 004584 REGENCY LIGHTING Electrical supplies:library Electrical supplies:library 373.35 18,801.08 115.50 228.86 602.21 Pages apChkLst Final Check List Page: 9 10/27/2011 11:29:25AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 148422 10/27/2011 003591 RENES COMMERCIAL Weed/debris eradication:F.V. Pkwy MANAGEMENT 148423 10/27/2011 002110 RENTAL SERVICE CORPORATION 148424 10/27/2011 001592 RIVERSIDE CO INFO TECHNOLOGY 148425 10/27/2011 000406 RIVERSIDE CO SHERIFFS DEPT 148426 10/27/2011 000406 RIVERSIDE CO SHERIFFS DEPT 148427 10/27/2011 000873 ROBERTS, RONALD H. 148428 10/27/2011 000220 ROBINSON PRINTING & CREATIVE 148429 10/27/2011 008529 SHERIFFS CIVIL DIV - CENTRAL 148430 10/27/2011 008529 SHERIFFS CIVIL DIV - CENTRAL 148431 10/27/2011 009213 SHERRY BERRY MUSIC 148432 10/27/2011 009746 SIGNS BYTOMORROW 148433 10/27/2011 000645 SMART & FINAL INC 148434 10/27/2011 000537 SO CALIF EDISON 2,250.00 2,250.00 EQUIP RENTAL & MAINT:PW MAINT 98.06 EQUIP RENTAL & MAINT:PW MAINT 35.78 133.84 Sep radio rental:park rangers/police 1,236.04 1,236.04 Radar Operator tmg: Epp/Romero 11/7-9 196.00 196.00 LIDAR Operatortrng: Epp/Romero 11/10 78.00 78.00 reimb:Rail-Volution cfwash,DC 10/16-20 515.23 515.23 Combs for AOB & CIP budget documents 356.65 356.65 SUPPORT PAYMENT 200.00 200.00 SUPPORT PAYMENT 100.00 100.00 Jazz © the Merc 10/20 499.80 499.80 "Business Licenses" sign: Civic Cntr 1,131.04 1,131.04 Misc supplies:explorer volunteers -rod 149.08 Misc supplies:mpsc 196.85 345.93 Sep 2-28-171-2620:40820 Winchester Sep 2-33-357-5785:44747 Redhawk Sep 2-30-099-3847:29721 Ryecrest Sep 2-30-296-9522:31035 Rancho vista Sep 2-28-331-4847:32805 Pauba LS3 Oct 2-28-904-7706:32329 Overland Td 1,243.09 30.90 23.49 413.61 123.72 160.42 1,995.23 Page9 apChkLst Final Check List Page: 10 10/27/2011 11:29:25AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 148435 10/27/2011 001212 SO CALIF GAS COMPANY 148436 10/27/2011 002503 SOUTH COAST AIR QUALITY 148437 10/27/2011 000519 SOUTH COUNTY PEST CONTROL INC 148438 10/27/2011 000293 STADIUM PIZZA INC 148439 10/27/2011 002015 STAR WAY PRODUCTIONS 148440 10/27/2011 006145 STENO SOLUTIONS TRANSCRIPTION 148441 10/27/2011 009662 STERNBERG LANTERNS, INC 148442 10/27/2011 014482 STEWART, MILLARD 148443 10/27/2011 014483 STOLTE, VANCE 148444 10/27/2011 013387 SWEEPING UNLIMITED INC 148445 10/27/2011 000305 TARGET BANK BUS CARD SRVCS Description Amount Paid Check Total Oct 055-461-2483-4:40135 Village Rd Oct 133-040-7373-0:Maint Fac Oct 095-167-7907-2:30650 Pauba Rd Oct 181-383-8881-6:Museum Oct 091-024-9300/5:30875 Rancho vista Oct 129-535-4236-7:Civic Center Oct 125-244-2108-3:Library Oct 021-725-0775-4:Senior Center Oct 026-671-2909-8:Comm Theater Oct 101-525-0950-09:28816 Pujol St 18.82 20.82 160.39 17.82 1,891.97 538.98 36.91 73.97 36.88 44.89 FY 11/12 ann'I operating fees:Stn 84 89.75 FY 11/12 emissions fees:Stn 84 2,841.45 112.85 202.60 Pest control srvcs: chapel/s.hicks park 3,550.00 3,550.00 Refreshments:pumpkin plunge 10/15 86.47 86.47 Audio & technical srvcs:rod run 10/14-15 1,525.00 1,525.00 Sept '11 transcription srvcs:Police 653.80 653.80 Removable bollard: civic center 1,514.28 1,514.28 refund:Senior excursion 4100.202 72.00 72.00 reimb:narc/spc unit spv cf SD 9/25-29 751.13 751.13 Oct sweeping: parking structure 500.00 500.00 Misc supplies:F.I.T. pgrm 128.44 Misc supplies: high hopes prgmi 84.95 Misc supplies:recreation pgrm 66.73 Artist Hospitality: Theater 211.70 Artist Hospitality: Theater 29.72 Misc supplies:children's museum 60.70 Misc supplies:mpsc 74.42 148446 10/27/2011 003677 TEMECULA MOTORSPORTS Veh repair & maint:police LLC 656.66 279.03 279.03 Page:10 apChkLst Final Check List Page: 11 10/27/2011 11:29:25AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 148447 10/27/2011 010493 TEMECULATOINNE CENTER Nov lease payment:pd mall office ASSOC LP 148448 10/27/2011 011736 TEMECULA TROPHY INC Recognition award: E.Craig Awards:emp recognition pgrm council name plates: H. Bolowich/Fire 11 commission/committee recogn awards 1,458.33 1,458.33 19.56 65.67 36.10 538.75 660.08 148449 10/27/2011 000515 TEMECULA VALLEY CHAMBER FY11/122nd qtr sponsorship 34,065.00 34,065.00 OF 148450 10/27/2011 010046 TEMECULA VALLEY Aug '11 Bus. Impry District Asmnts 95,664.14 95,664.14 CONVENTION & 148451 10/27/2011 004274 TEMECULA VALLEY SECURITY Locksmith srvcs: K.Hintergardt prk 151.48 151.48 CENTR 148452 10/27/2011 003862 THYSSENKRUPP Oct -Dec elevator inspection:city facs 3,120.00 3,120.00 ELEVATOR.BRNCH 37 148453 10/27/2011 010276 TIME WARNER CABLE Nov high speed internet:Civic Center 4,325.85 4,325.85 148454 10/27/2011 014413 U.S. DEPARTMENT OF SUPPORT PAYMENT 126.79 126.79 EDUCATION 148455 10/27/2011 000325 UNITED WAY United Way Charities Payment 63.00 63.00 148456 10/27/2011 014265 VAN GONKA, JEFF DESIGN/CONST/INSTALL:IWCM 4,272.50 4,272.50 EXHIBIT 148457 10/27/2011 014374 VARIETY ARTISTS INT'L, INC. Entertainment:hot summer nights 8/26 550.00 550.00 148458 10/27/2011 004261 VERIZON Oct xxx-5275 gen usage:Tem PD DSL 38.22 Oct xxx-2676 general usage 37.05 Oct xxx-3526 general usage 111.16 Oct xxx-5696 general usage 37.05 Oct xxx-2016 gen usage:Reverse 911 121.77 345.25 148459 10/27/2011 004789 VERIZON Oct Internet svcs:harveston ctr 85.93 85.93 148460 10/27/2011 009101 VISION ONE INC Sep ShoWare ticketing srvcs: Theater 1,690.00 1,690.00 148461 10/27/2011 014375 VN ENTERPRISES, INC Playground safety material:var parks 27,682.65 27,682.65 Pagel 1 apChkLst Final Check List Page: 12 10/27/2011 11:29:25AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 148462 10/27/2011 014480 WARREN, DALE refund:sec dep:rm rental:CRC 150.00 150.00 148463 10/27/2011 001342 WAXIE SANITARY SUPPLY INC CLEANING 1,413.88 SUPPLIES:CRC/C.MUS/CIVIC CNTR CLEANING SUPPLIES:CRC/LIBRARY 227.57 1,641.45 148464 10/27/2011 006612 WEATHERPROOFING TECH, Roof preventative maint:City facs 23,904.36 23,904.36 INC 148465 10/27/2011 009965 WEST, DALE reimb:Sustainability cf 10/18 Irvine 132.65 132.65 148466 10/27/2011 000621 WESTERN RIVERSIDE Sept '11 TUMF Payment 213,959.04 213,959.04 COUNCIL OF 148467 10/27/2011 000621 WESTERN RIVERSIDE FY11/12 agency membership dues 13,424.45 13,42445 COUNCIL OF 148468 10/27/2011 008402 WESTERN RIVERSIDE Sept '11 MSHCP payment 46,512.00 46,512.00 COUNTY 148469 10/27/2011 013613 WORTHINGTON, PAULA Reimb:Halloween Carnival supplies 110.63 110.63 Grand total for UNION BANK OF CALIFORNIA: 1,068,312.98 Page:12 apChkLst Final Check List Page: 13 10/27/2011 11:29:25AM CITY OF TEMECULA 149 checks in this report. Grand Total All Checks. 1,068,312.98 Page:13 apChkLst 11/03/2011 Final Check List 3:46:20PM CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 148470 11/03/2011 004973 ABACHERLI, LINDI 148471 11/03/2011 011322 AIR CLEANING SYSTEMS INC 148472 11/03/2011 009787 ALTEC INDUSTRIES INC 148473 11/03/2011 005037 AMERICAN ASPHALT SOUTH INC 148474 11/03/2011 004422 AMERICAN BATTERY CORPORATION Description TCSD instructor earnings plymovent service: Stn 73 vehicle repair/maint: pw traffic retention release: PW11-02 batteries: theater lift repair 148475 11/03/2011 004240 AMERICAN FORENSIC NURSES Nov Stand By Fee: Police (AFN) 148476 11/03/2011 003376 ARTS COUNCIL, THE 148477 11/03/2011 004757 AUTO MALL COLLISION CENTER 148478 11/03/2011 012938 B & T WORKS INC 148479 11/03/2011 000475 B N I PUBLICATIONS INC 148480 11/03/2011 004205 BALLET FOLKLORICO 148481 11/03/2011 002541 BECKER CONSTRUCTION SRVS INC 148482 11/03/2011 004040 BIG FOOT GRAPHICS 148483 11/03/2011 004262 BIO-TOX LABORATORIES 148484 11/03/2011 012583 BLANCA PRICE 148485 11/03/2011 014329 BOOK WHOLESALERS, INC sttlmnt: Hot August Night 10/30/11 Repairs:CAP'07 Ford Escape Oct concrete repairs: citywide (14)'12 Greenbooks: PW Idv/cip TCSD Instructor Earnings replace guardrails: PW Maint STAFF SHIRTS: SPECIAL EVENTS promo tote bags: Theater STAFF SHIRTS: SPECIAL EVENTS DUI & drug screenings: Police Sept landscape pin ck: planning (12) books: library (17) books: library (20) books: library (96) books: library (7) books: library Amount Paid Check Total 680.00 1,000.00 1,220.00 31,823.55 487.63 1,248.00 1,174.23 6,481.67 119,592.35 1,323.52 357.00 7,230.00 561.00 1,448.00 510.80 1,062.37 3,800.00 197.98 364.20 276.32 1,927.39 164.01 680.00 1,000.00 1,220.00 31,823.55 487.63 1,248.00 1,174.23 6,481.67 119,592.35 1,323.52 357.00 7,230.00 2,519.80 1,062.37 3,800.00 2,929.90 Pagel apChkLst Final Check List Page: 2 11/03/2011 3:46:20PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 148486 11/03/2011 014498 BOWERS, CHRISTOPHER 148487 11/03/2011 003048 BOYS & GIRLS CLUB 148488 11/03/2011 014210 BROWNE, BORTZ & CODDINGTON INC 148489 11/03/2011 009082 C B C TECHNICAL INC 148490 11/03/2011 003138 CAL MAT 148491 11/03/2011 004248 CALIF DEPT OF JUSTICE-ACCTING (Continued) Description reimb:OJJDP cf San Diego 10/11-15 '11 Halloween carnival booth fee Sept cnslt svcs: RDA MISC TECHNICAL SUPPLIES: THEATER PW patch truck materials PW patch truck materials PW patch truck materials Sept DUI & drug screens:police 148492 11/03/2011 004971 CANON FINANCIAL SERVICES, Oct Copier Lease: Fire Dept INC 148493 11/03/2011 000137 CHEVRON AND TEXACO 148494 11/03/2011 004017 COMERCHERO, JEFF 148495 11/03/2011 012353 CONSTRUCTION TESTING 148496 11/03/2011 001264 COSTCO WHOLESALE 148497 11/03/2011 013379 COUSSOU, CELINE 148498 11/03/2011 010650 CRAFTSMEN PLUMBING & HVAC INC 148499 11/03/2011 011870 CRIME SCENE STERI-CLEAN, LLC 148500 11/03/2011 014472 DEAK, RONALD 148501 11/03/2011 007057 DERNBACH, ESTHER MARIE City vehicles fuel: CM reimb:NLC cf New Orleans 9/7-10 Sept geotech svc:pavement rehab misc supplies:dog house pgrm Artist Hospitality: Theater TCSD Instructor Earnings sound box repairs: old town plumbing repairs: library biohazard clean up svcs:police artwork:Spring Vines in Temecula TCSD instructor earnings TCSD instructor earnings Amount Paid Check Total 188.47 188.47 150.00 150.00 750.00 750.00 68.61 68.61 880.54 1,768.76 368.28 3,017.58 3,255.00 3,255.00 182.55 182.55 295.07 295.07 305.78 305.78 2,821.00 2,821.00 398.86 233.03 631.89 126.00 126.00 178.48 505.60 684.08 500.00 500.00 1,185.00 1,185.00 525.00 472.50 997.50 Page:2 apChkLst Final Check List Page: 3 11/03/2011 3:46:20PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 148502 11/03/2011 011202 EMH SPORTS & FITNESS TCSD instructor earnings 350.00 INSTITUTE TCSD instructor earnings 236.25 TCSD instructor earnings 252.00 838.25 148503 11/03/2011 014207 ENTERPRISE ELECTRIC pull box installation: civic center 1,017.00 1,017.00 DATACOM 148504 11/03/2011 000165 FEDERAL EXPRESS INC 9/19-10/6 city express mail services 689.04 689.04 148505 11/03/2011 010326 G E MOBILE WATER, INC Sept power washer exchg:Stn 73 63.58 63.58 148506 11/03/2011 013552 GANDS PRODUCTIONS LLC sttlmnt: Spotlight at the Merc 10/28 84.00 sttlmnt: Country at the Merc 10/29 585.00 669.00 148507 11/03/2011 013076 GAUDET, YVONNE M. TCSD instructor earnings 585.20 585.20 148508 11/03/2011 014067 GENTRY, JANN photography:Steve Miller concert 300.00 300.00 148509 11/03/2011 009608 GOLDEN VALLEY MUSIC sttlmnt correction:Schuber Gala 982.14 982.14 SOCIETY 148510 11/03/2011 014455 GPS TECHNOLOGIES, INC equip repair/maint: police 187.50 187.50 148511 11/03/2011 008444 GREAT OAK HIGH SCHOOL '11 Halloween carnival booth fee 150.00 150.00 148512 11/03/2011 005311 H2O CERTIFIED POOL WATER Sept fountain maint: civic ctr 345.00 345.00 SPCL. 148513 11/03/2011 014475 HAVANA VENTURES, INC misc supplies:yth tennis tournament 599.50 599.50 148514 11/03/2011 000520 HDL COREN & CONE INC 10/11 cnslt svcs:property tax 112.99 112.99 148515 11/03/2011 001135 HEALTHPOINTE MEDICAL emp industrial care svcs: HR 25.00 25.00 GROUP INC 148516 11/03/2011 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Earnings 864.50 864.50 148517 11/03/2011 004811 HEWLETT PACKARD (4) HP laserjet printers: info tech 1,719.69 1,719.69 Page:3 apChkLst Final Check List Page: 4 11/03/2011 3:46:20PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 148518 11/03/2011 007792 HINTON, BEVERLY L. TCSD instructor earnings 84.00 TCSD instructor earnings 135.00 TCSD instructor earnings 120.00 TCSD instructor earnings 48.00 TCSD instructor earnings 72.00 459.00 148519 11/03/2011 007618 HOT AUGUST NIGHT Theater performance 10/30/11 1,500.00 1,500.00 148520 11/03/2011 003624 HOWELL, ANN MARIE Econ Dev 42"x66" poster 489.30 489.30 148521 11/03/2011 012538 HUNTINGTON FISHING INC misc supplies:harveston center 1,371.44 1,371.44 148522 11/03/2011 003296 INTL CODE COUNCIL Code Books: Fire 326.32 326.32 148523 11/03/2011 014386 INTL NAMEPLATE U.S., INC graphics: police vehicles 1,482.40 1,482.40 148524 11/03/2011 001186 IRWIN, JOHN TCSD instructor earnings 274.40 274.40 148525 11/03/2011 014495 JACOBS, PAUL ETHAN refund:smart pay overcharged:Library 59.25 59.25 148526 11/03/2011 013200 JAROTH INC Nov pay phone:duck pond,Library,CRC 212.64 212.64 148527 11/03/2011 014488 JOANNE RILE ARTISTS MGMT, performance:Leon Bates 11/5/11 4,650.00 4,650.00 INC 148528 11/03/2011 011622 JOHNSON, ROBERT C reimb: lunch Irvine visit (10) staff 230.89 230.89 148529 11/03/2011 000209 L & M FERTILIZER INC misc supplies: pw maint 18.30 18.30 148530 11/03/2011 012065 LANCE, SOLL & LUNGHARD City Controllers Report: FY 10/11 1,750.00 1,750.00 LLC 148531 11/03/2011 013987 LAW OFFICES OF AUG -SEPT LEGAL SVCS: ROW 1,866.84 1,866.84 148532 11/03/2011 004412 LEANDER, KERRY D. TCSD instructor earnings 220.50 220.50 148533 11/03/2011 004905 LIEBERT, CASSIDY & Sept HR legal svcs for TE060-01 180.00 180.00 WHITMORE 148534 11/03/2011 004087 LOWES INC Water Filters: Stn 73 111.31 111.31 Page:4 apChkLst Final Check List Page: 5 11/03/2011 3:46:20PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 148535 11/03/2011 008610 M C R STAMPS 148536 11/03/2011 011006 MACHADO ENVIRONMENTAL CORP. 148537 11/03/2011 004141 MAINTEX INC (Continued) Description DJ services:high hopes pgrm 10/21/11 Air duct cleaning: Sta 73 Misc cleaning supplies:Cityfacs 148538 11/03/2011 000217 MARGARITA OFFICIALS ASSN Oct officiating srvcs:softball sports 148539 11/03/2011 004307 MARINE BIOCHEMISTS 148540 11/03/2011 011179 MC MILLIN REDHAWK LLC 148541 11/03/2011 012962 MILLER, MISTY 148542 11/03/2011 014497 MUNICIPAL SERVICES BUREAU 148543 11/03/2011 014477 MURRIETA CHUY'S, INC. 148544 11/03/2011 013375 MYERS-RUSSO, ERICA 148545 11/03/2011 002925 NAPA AUTO PARTS 148546 11/03/2011 000727 NATIONAL FIRE PROTECTION ASSN 148547 11/03/2011 009337 NOLTE ASSOCIATES INC Oct water maint srvcs:Hary/Duck Pond TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings ANN'L STORMWATER PERMIT:O.T.INFRSTRC refreshments:CERT trng 11/6/11 TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Auto parts & misc supplies: Stn 73 12/1/11-11/30/12 mbrshp dues:E.Wigle 9/28-10/28 mbrshp:S.Gallegos 107575 8/28-9/30 eng design srvcs:ped bridge 148548 11/03/2011 010167 ODYSSEY POWER AC REPAIRS:FOC CORPORATION Amount Paid Check Total 25.00 25.00 3,166.00 3,166.00 361.40 361.40 4,725.00 4,725.00 3,900.00 3,900.00 770.00 385.00 252.00 1,407.00 441.00 441.00 317.00 317.00 436.97 436.97 210.00 151.20 49.00 16.80 138.60 168.00 60.00 80.00 48.00 921.60 18.15 18.15 150.00 25.00 1,070.16 175.00 1,070.16 680.46 680.46 Page:5 apChkLst Final Check List 11/03/2011 3:46:20PM CITY OF TEMECULA Page: 6 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) 148549 11/03/2011 003964 OFFICE DEPOT BUSINESS SVS DIV 148550 11/03/2011 002105 OLD TOWN TIRE & SERVICE 148551 11/03/2011 002105 OLD TOWN TIRE & SERVICE 148552 11/03/2011 012833 PC MALL GOV, INC. 148553 11/03/2011 013115 PETERSON NUGENT, KRISTIN 148554 11/03/2011 004584 REGENCY LIGHTING 148555 11/03/2011 003591 RENES COMMERCIAL MANAGEMENT 148556 11/03/2011 002412 RICHARDS WATSON & GERSHON 148557 11/03/2011 014347 ROBERTS, PATRICIA G. 148558 11/03/2011 000815 ROW LEY, CATHY 148559 11/03/2011 002226 RUSSO, MARY ANNE 148560 11/03/2011 011511 SCUBA CENTER TEMECULA 148561 11/03/2011 009213 SHERRY BERRY MUSIC 148562 11/03/2011 004814 SIMON WONG ENGINEERING INC Description Misc office supplies:theater Misc office supplies:pd old town stn City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs: Code Enf Computer tablet:city council TCSD Instructor Earnings TCSD Instructor Earnings Misc electrical supplies:csd maint Misc electrical supplies:csd maint Misc electrical supplies:csd maint Debris clean up:city special events May 2011 legal services TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Jazz a@ the Merc 10/27/11 SEP BRIDGE ENG SRVCS:MAIN ST BRIDGE Amount Paid Check Total 49.37 119.21 127.86 55.00 55.00 341.37 936.52 134.26 36.27 869.71 391.30 491.40 541.63 399.80 398.12 7,095.00 889.50 175.00 336.00 962.50 672.00 756.00 14.00 378.00 168.58 1,650.01 36.27 869.71 882.70 1,339.55 7,095.00 889.50 175.00 336.00 1,634.50 770.00 378.00 1,908.31 1,908.31 Page:6 apChkLst Final Check List Page: 7 11/03/2011 3:46:20PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 148564 11/03/2011 000537 SO CALIF EDISON Oct 2-31-536-3226:28690 Mercedes 1,415.08 Oct 2-29-224-0173:Fire Stns 2,646.40 Oct 2-29-295-3510:32211 Wolf vly rd 1,238.28 Oct 2-31-419-2873:43000 Hwy 395 25.22 Oct 2-29-953-8249:46497 Waif crk dr 27.02 Oct 2-29-953-8082:31523 Wolf vly rd 27.76 Oct 2-31-282-0665:27407 Diaz PED 25.82 Oct 2-29-807-1226:28077 Diaz PED 25.55 Oct 2-29-807-1093:28079 Diaz PED 25.55 Oct 2-31-536-3655:41904 Main St 1,148.52 Oct 2-31-536-3481:41902 Main St 261.44 Oct 2-31-031-2616:27991 Diaz PED 25.82 Oct 2-29-657-2787:41638 Winchester 24.19 Oct 2-29-458-7548:32000 rncho calif 440.89 Oct 2-00-397-5067:TCSD svc lev C 2,272.00 Oct 2-25-393-4681:41951 Moraga rd 1,061.76 Oct 2-00-397-5042:43200 Bus pk unit ' 1,455.36 Oct 2-31-912-7494:28690 Mercedes 1,226.28 Oct 2-31-404-6020:28771 OT front st 1,845.66 Oct 2-14-204-1615:30027 frnt st rdio 40.56 Oct 2-02-351-4946:41845 6th St 1,510.44 Oct 2-29-933-3831:43230 Bus pk dr 1,742.20 Oct 2-29-223-8607:42035 2nd St PED 544.33 Oct 2-19-171-8568:28300 Mercedes 72.91 Oct 2-18-937-3152:38214 Mercedes 910.47 Oct 2-32-903-8293:41000 Main St 15,738.24 Oct 2-21-981-4720:30153 Tem pkwy tr 38.11 Oct 2-30-520-4414:32781 Tem pkwy L. 801.84 36,617.70 148565 11/03/2011 001212 SO CALIF GAS COMPANY Oct 091-085-1632-0:TES Pool 1,329.63 Oct 101-525-1560-6:27415 Enterprise 81.97 1,411.60 148566 11/03/2011 005724 SOUTHWEST FAMILY YMCA Non-profit booth: Halloween Carnival 150.00 150.00 148567 11/03/2011 000293 STADIUM PIZZA INC Refreshments:summer day camp Aug '11 305.46 305.46 148568 11/03/2011 001546 STRAIGHT LINE GLASS Glass repair:vail ranch park 59.53 59.53 148569 11/03/2011 009811 SUNNY HILLS TOWING Veh towing srvcs: police 245.00 245.00 LOWBED SRVC 148570 11/03/2011 003599 T Y LIN INTERNATIONAL 7/2-9/2 dsgn srvcs:w.bypass bridge 5,217.39 5,217.39 148571 11/03/2011 011897 TAG/AMS INC Oct DOT screening:HR 130.00 130.00 Page:7 apChkLst Final Check List Page: 8 11/03/2011 3:46:20PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 148572 11/03/2011 000305 TARGET BANK BUS CARD Misc supplies: high hopes prgrm 29.69 SRVCS Misc supplies: high hopes prgrm 192.33 222.02 148573 11/03/2011 014496 TEMECULA JOB'S DAUGHTERS Non-profit booth: Halloween Carnival 150.00 150.00 148574 11/03/2011 003677 TEMECULA MOTORSPORTS Cityveh repair & maint:police 357.63 357.63 LLC 148575 11/03/2011 011736 TEMECULA TROPHY INC Recognition awards: H.Parker 205.80 205.80 148576 11/03/2011 000306 TEMECULA VALLEY PIPE & Misc supplies:csd maint 219.42 219.42 SUPPLY 148577 11/03/2011 003067 TEMECULA VALLEY R V Radar trailer repair & maint: Police 727.00 727.00 SERVICE 148578 11/03/2011 004274 TEMECULA VALLEY SECURITY Locksmith srvcs: foc 12.39 CENTR Locksmith srvcs: pbsp 95.00 107.39 148579 11/03/2011 008298 TEMECULA VLY MOTHERS Non-profit booth: Halloween Carnival 150.00 150.00 MULTIPLES 148580 11/03/2011 010276 TIME WARNER CABLE Nov high speed internet:42081 Main St 58.49 Nov high speed internet:30600 Pauba 1 528.56 Nov high speed internet:40135 Village 224.95 148581 11/03/2011 005460 U S BANK Trustee admin fees:2001 COP 652.19 812.00 652.19 148582 11/03/2011 012549 UPODIUM Veh maint supplies:Fire Sta 73 163.37 Veh maint supplies:Fire Sta 73 17.46 Veh maint supplies:Fire Sta 73 10.67 191.50 148583 11/03/2011 004261 VERIZON Oct xxx-5706 general usage 148.22 148.22 148584 11/03/2011 014486 VERIZON WIRELESS Oct xxx4815/4885:RR, ME 83.66 83.66 148585 11/03/2011 013647 VICAR OPERATING, INC. VETERINARY SRVCS:POLICE K-9 UNIT 103.26 103.26 148586 11/03/2011 006248 WALKER, JESSICA TCSD Instructor Earnings 448.00 448.00 148587 11/03/2011 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES:CITY FACS CLEANING SUPPLIES:CRC 148588 11/03/2011 003730 WEST COAST ARBORISTS INC 9/16-30/11 tree trimming srvcs:pw maint 2,110.69 77.28 2,187.97 543.00 543.00 Page:8 apChkLst Final Check List Page: 9 11/03/2011 3:46:20PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 148589 11/03/2011 006290 WOODCREST VEHICLE motorcycle rifle mount: police CENTER 148590 11/03/2011 013613 WORTHINGTON, PAULA Reimb: Family Fun Night supplies 148591 11/03/2011 000348 ZIGLER, GAIL Reimb:supplies/H.Parker recogn. 10/27 Reimb:supplies/N.Diamond Tribute Reimb:supplies for T.P. Halloween 148592 11/03/2011 014457 ZIGLER, RYAN DJ srvcs:crc dance 10/14 Amount Paid Check Total 2,975.01 2,975.01 80.84 80.84 1,611.91 435.43 179.35 2,226.69 500.00 500.00 Grand total for UNION BANK OF CALIFORNIA: 315,445.68 Page:9 apChkLst Final Check List Page: 10 11103/2011 3:46:20PM CITY OF TEMECULA 122 checks in this report. Grand Total All Checks: 315,445 68 Pagel 0 apChkLst Final Check List Page: 1 11/10/2011 11:01:08AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1805 11/10/2011 000245 PERS-HEALTH INSUR PERS Health Admin Cost Payment 77,710.09 PREMIUM Blue Shield HMO Payment 0.00 77,710.09 1806 11/10/2011 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 2,925.76 2,925.76 SOLUTION 1807 11/10/2011 010349 CALIF DEPT OF CHILD Support Payment 738.45 738.45 SUPPORT 1808 11/10/2011 000444 INSTATAX (EDD) State Disability Ins Payment 27,878.38 27,878.38 1809 11/10/2011 000283 INSTATAX (IRS) Federal Income Taxes Payment 95,472.44 95,472.44 1810 11/10/2011 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 14,247.17 14,247.17 SOLUTION 1811 11/10/2011 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 132,169.21 132,169.21 RETIREMENT) 1812 11/10/2011 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 8,752.89 Child Care Reimbursement Payment 0.00 8,752.89 148593 11/10/2011 003552 AFLAC AFLAC Cancer Payment 3,137.01 3,137.01 148594 11/10/2011 013367 ACTIVE MICRO INC Misc supplies:Children's Museum 18.04 18.04 148595 11/10/2011 004802 ADLERHORST INTERNATIONAL Training & supplies:police K-9 units 283.34 INC Training & supplies:police K-9 units 25.86 309.20 148596 11/10/2011 014443 AFFORDABLE WINDOW WINDOW COVERINGS: HARVESTON 3,684.00 3,684.00 COVERINGS CENTER 148597 11/10/2011 013015 ALWAYS RELIABLE Backflowtesting:maint fac &tcc 2,919.00 2,919.00 BACKFLOW 148598 11/10/2011 004240 AMERICAN FORENSIC NURSES Phlebotomy svcs:TE -Temecula 788.32 (AFN) Phlebotomy svcs:Temecula CH P 411.42 148599 11/10/2011 001947 AMERIGAS Propane fuel:Fire Stn 92 495.71 148600 11/10/2011 002187 ANIMAL FRIENDS OF THE Jul -Aug '11 Animal control svcs 20,000.00 VALLEYS Sept '11 Animal control svcs 10,000.00 1,199.74 495.71 30,000.00 Pagel apChkLst Final Check List Page: 2 11/10/2011 11:01:08AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 148601 11/10/2011 014502 ATLANTIC INFORMATION webinar 12/1:subgrants/contracts:RC 249.00 SRVCS INC webinar 11/14:cost allowability:RC 249.00 498.00 148602 11/10/2011 002541 BECKER CONSTRUCTION Guardrail repair:north gen kearney 2,885.00 2,885.00 SRVS INC 148603 11/10/2011 004040 BIG FOOT GRAPHICS Entertainment:halloween camival 10/28 300.00 300.00 148604 11/10/2011 012583 BLANCA Y PRICE Aug Ldscp plan review: Planning 6,670.00 6,670.00 148605 11/10/2011 003455 BROADCAST MUSIC INC Music licensing:old town broadcast 740.00 740.00 148606 11/10/2011 010939 CALIF DEPT OF INDUSTRIAL operator inspection:43200 Bus pk dr 225.00 225.00 148607 11/10/2011 005708 CLEAR CHANNEL advertising svcs:Old Town quilt show 75.00 75.00 BROADCASTING INC 148608 11/10/2011 012627 CLEAR IMAGE ENTERPRISES Window cleaning:crc & children mus 665.00 665.00 INC 148609 11/10/2011 004405 COMMUNITY HEALTH Community Health Charities Payment 62.00 62.00 CHARITIES 148610 11/10/2011 000442 COMPUTER ALERT SYSTEMS Repair panic button:childrens museum 75.00 75.00 148611 11/10/2011 013286 CONNEXON TELECOM INC Oct emergency telecom routing svc 360.00 360.00 148612 11/10/2011 011692 CONVERGINT TECHNOLOGIES, IT equip maint:city facilities 655.00 655.00 LP 148613 11/10/2011 010650 CRAFTSMEN PLUMBING & Install water heater: Fire Stn 73 3,361.00 3,361.00 HVAC INC 148614 11/10/2011 013560 CROWN BUILDING MAINT CO JANITORIAL SRVCS:VAR CITY 763.80 INC FACILITIES— JANITORIAL SRVCS:VAR CITY FACILITIE 763.80 JANITORIAL SRVCS:VAR CITY FACILITIE 763.80 2,291.40 148615 11/10/2011 004194 D L T SOLUTIONS INC Renewal:software maint: Autocad 2,126.67 2,126.67 148616 11/10/2011 002990 DAVID TURCH & ASSOCIATES Oct '11 Legislative consulting svcs:cm 3,500.00 3,500.00 Page2 apChkLst Final Check List Page: 3 11/10/2011 11:01:08AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 148617 11/10/2011 004192 DOWNS COMMERCIAL FUELING INC Description Amount Paid Check Total Fuel for City vehicles: B&S 444.22 Fuel for City vehicles:TCSD Fuel for City vehicles:P W Indv/npdes Fuel for City vehicles:Code Enf/Ping Fuel for City vehicles:P W cip/Indv/npdes Fuel for City vehicles:PW Maint Fuel for City vehicles:P W Traffic Fuel for City vehicles: Police 148618 11/10/2011 004829 ELLISON WILSON ADVOCACY Nov '11 Legislative consulting svcs:cm LLC 148619 11/10/2011 011203 ENVIRONMENTAL CLEANING 148620 11/10/2011 002939 ENVIRONMENTAL SYSTEMS RESEARCH 148621 11/10/2011 009953 FEDERAL CLEANING 2,279.43 166.71 616.12 577.68 2,220.55 382.15 113.56 6,800.42 3,500.00 3,500.00 Oct Janitorial svcs: var parks 5,265.00 Oct Janitorial svcs:pd old town ofc 571.86 5,836.86 Annual GIS software maint & renewal 16,098.26 16,098.26 JANITORIAL SRVCS:POLICE MALL 625.00 625.00 CONTRACTORS OFFICE - 148622 11/10/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 148623 11/10/2011 013552 GANDS PRODUCTIONS LLC Settlement:Country...Merc 11/5 148624 11/10/2011 009608 GOLDEN VALLEY MUSIC Settlement:Classics...Merc Oct' 11 SOCIETY 148625 11/10/2011 003792 GRAINGER Equipment parts:crc valve repair 148626 11/10/2011 005311 H2O CERTIFIED POOL WATER Pool & fountain maint:Town Square SPCL. 148627 11/10/2011 008081 HALL & FOREMAN INC 50.00 393.75 1,222.20 50.00 393.75 1,222.20 1,053.29 1,053.29 175.00 Oct Fountain maint:civic center 500.00 Oct Pool & fountain maint:citywide Credit billing adj:Engineering svcs Credit billing adj:Engineering svcs Sep Design svcs:Library parking lot 148628 11/10/2011 002109 HD SUPPLY CONSTR. SUPPLY Misc supplies:PW Land Dev Div LTD 148629 11/10/2011 002701 HUB INT'L INSURANCE Oct special events premiums SERVCS INC 148630 11/10/2011 000194 IC MA RETIREMENT -PLAN ICMA Retirement Trust 457 Payment 303355 900.00 1,575.00 -162.78 -53.96 4,387.78 135.92 1,776.42 4,171.04 135.92 1,776.42 5,316.68 5,316.68 Pages apChkLst Final Check List Page: 4 11/10/2011 11:01:08AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 148631 11/10/2011 013695 INLAND EMPIRE SHRED IT Description Amount Paid Check Total shred srvcs:records div shred srvcs:records div shred srvcs:records div Shredding srvcs:police storefronts Shredding srvcs:police storefronts 50.00 15.00 15.00 15.00 15.00 110.00 148632 11/10/2011 011228 INLAND PLANNING AND Sep Consulting svcs:jefferson corridor 1,800.00 1,800.00 DESIGN INC 148633 11/10/2011 001407 INTER VALLEY POOL SUPPLY Pool chemicals:citywide pools 1,018.24 1,018.24 INC 148634 11/10/2011 014386 INT'L NAMEPLATE U.S., INC Graphics:police vehicles 3,261.28 3,261.28 148635 11/10/2011 004119 J T B SUPPLY COMPANY INC Traffic light supplies:pw traffic div 1,659.35 1,659.35 148636 11/10/2011 012883 JACOB'S HOUSE INC Jacob's House Charity Payment 160.00 160.00 148637 11/10/2011 014166 KEYSTONE ENTERPRISES Concrete cutting:butterfield park 850.00 850.00 PCC, INC. 148638 11/10/2011 001282 KNORR SYSTEMS INC Pool school regis:AFO course:GDLR 395.00 395.00 148639 11/10/2011 003726 LIFE ASSIST INC Medical supplies: Medics Medical supplies: Medics Medical supplies: Medics 148640 11/10/2011 014228 LSK, LLC Nov Facility lease pmt:Harveston Center 148641 11/10/2011 004813 M & J PAUL ENTERPRISES INC Entertainment:fall camival 10/28 148642 11/10/2011 013052 M-ATEMEKU HILLS, refund:eng grad dep:TM 23371-8 DEVELOPMENT LLC 148643 11/10/2011 014365 MAILFINANCE, INC. 8/31-11/29 postage mtr lease: Cntd 148644 11/10/2011 003782 MAIN STREET SIGNS Misc signs:PW Maint Misc signs:PW Maint Misc signs:PW Traffic 148645 11/10/2011 000944 MCCAIN TRAFFIC SUPPLY INC Traffic signal equip:pw traffic 148646 11/10/2011 006571 MELODY'S AD WORKS INC. 233.90 137.17 259.04 630.11 4,714.00 4,714.00 1,130.00 1,130.00 995.00 995.00 677.21 677.21 1,466.48 2,639.88 699.30 4,805.66 1,982.61 1,982.61 Reimb mrktg expenses:O.T. events 541.90 NOV MRKTG & PROMO SRVCS:OLD TOV 3,500.00 4,041.90 Page4 apChkLst Final Check List Page: 5 11/10/2011 11:01:08AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 148647 11/10/2011 003076 MET LIFE INSURANCE MetLife Dental Insurance Payment 7,150.92 7,150.92 COMPANY 148648 11/10/2011 014352 MICHAEL L KENNEY Traffic signal timing srvcs:pw 450.00 450.00 ENGINEERING 148649 11/10/2011 005887 MOFFATT & NICHOL 8/28-9/24 srvcs:french valley/I-15 11,620.74 11,620.74 ENGINEERS 148650 11/10/2011 004490 MUSCO SPORTS LIGHTING INC labor/balltield lighting: rrsp 700.00 700.00 148651 11/10/2011 002925 NAPA AUTO PARTS MISC PARTS & SUPPLIES:PW MAINT 112.06 112.06 148652 11/10/2011 008528 NICHOLS, MELBURG & SEP ENG SRVS:CIVIC CENTER PH II 3,644.78 ROSETTO 148653 11/10/2011 002139 NORTH COUNTY TIMES SEPT DSGN SRVCS:O.T. IN FRASTRUCTI Oct advertising:var csd events Oct public notices: Planning/City Clerk Oct recruitment advertising:HR 148654 11/10/2011 003964 OFFICE DEPOT BUSINESS SVS Printing srvcs:b&s dept DIV 148655 11/10/2011 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Code Enf 3,270.27 6,915.05 1,025.00 706.32 159.00 36.29 254.65 1,890.32 36.29 254.65 148656 11/10/2011 002105 OLD TOWN TIRE &SERVICE City Vehicle Maint Svcs:TCSD 146.85 City Vehicle Maint Svcs:TCSD 91.27 City Vehicle Maint Svcs:TCSD 91.27 329.39 148657 11/10/2011 001171 ORIENTAL TRADING COMPANY Misc supplies:csd holiday events 210.93 210.93 INC 148658 11/10/2011 013058 OVERLAND CORPORATE refund:eng grad dep:TM 30208 L14-19 995.00 995.00 CENTER 148659 11/10/2011 002800 PACIFIC STRIPING INC Street striping: citywide 151,054.39 151,054.39 148660 11/10/2011 012833 PC MALL GOV, INC. Computertablet:c Washington 775.78 775.78 148661 11/10/2011 000249 PETTY CASH Petty Cash Reimbursement 499.08 499.08 148662 11/10/2011 010338 POOL & ELECTRICAL Pool supplies & chemicals:Aquatics 264.14 264.14 PRODUCTS INC Pages apChkLst Final Check List Page: 6 11/10/2011 11:01:08AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 148663 11/10/2011 005820 PRE -PAID LEGAL SERVICES PrePaid Legal Services Payment 247.15 247.15 INC 148664 11/10/2011 000254 PRESS ENTERPRISE Aug advertising:FIT finale 368.75 368.75 COMPANY INC 148665 11/10/2011 012904 PRO ACTIVE FIRE DESIGN Oct plan check srvcs:Fire Prev 11,871.99 11,871.99 148666 11/10/2011 005075 PRUDENTIAL OVERALL Oct floor mat & towel rentals:civic 456.96 456.96 SUPPLY 148667 11/10/2011 000262 RANCHO CALIF WATER Oct var water meters:TCSD 3,092.05 DISTRICT 148668 11/10/2011 000271 RBF CONSULTING 148669 11/10/2011 008097 RECY-CAL SUPPLY LLC 148670 11/10/2011 004584 REGENCY LIGHTING Oct var water meters:TCSD & PW Oct var water meters:45578 Bayberry Oct var water meters:Wolf Crk Dr N Oct var water meters:Wolf Ck Dr N Oct var water meters:Wolf Crk Dr N Oct Lndscp meter:Nacke Dr Oct var water meters:TCSD svc lev C Oct var water meters:Fire Stns Oct Floating meter- comm Oct var water meters:28640 Pujol St SEP ENG SRVCS:I-15/SR-79 ULT. INTRCHG Recyling products:civic center Misc electrical supplies:csd maint ELECTRICAL SUPPLIES:CIVIC CENTER Misc electrical supplies:csd maint Electrical supplies:civic center 2,011.85 115.32 248.24 24.05 55.91 310.86 27,240.52 585.62 162.74 7.65 33,854.81 12,188.34 12,188.34 4,282.70 4,282.70 304.80 178.88 541.64 1,322.87 2,348.19 148671 11/10/2011 000268 RIVERSIDE CO HABITAT Oct '11 K -Rat Payment 290.00 290.00 148672 11/10/2011 000406 RIVERSIDE CO SHERIFFS 8/25-9/21:law enforcement 1,550,186.37 1,550,186.37 DEPT 148673 11/10/2011 000220 ROBINSON PRINTING & Printing srvcs: QLMP 1,118.45 1,118.45 CREATIVE 148674 11/10/2011 013827 RYAN MONTELEONE Erosion repairs:liefer bridge 9,150.00 9,150.00 EXCAVATION INC 148675 11/10/2011 009196 SACRAMENTO THEATRICAL Misc lighting supplies: Theater 330.21 330.21 LIGHTING Pages apChkLst Final Check List Page: 7 11/10/2011 11:01:08AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 148676 11/10/2011 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 707.37 707.37 148677 11/10/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 200.00 200.00 CENTRAL 148678 11/10/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 148679 11/10/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 148680 11/10/2011 009213 SHERRY BERRY MUSIC Jazz © the Merc 11/3 462.00 462.00 148681 11/10/2011 009746 SIGNS BYTOMORROW 148682 11/10/2011 000645 SMART & FINAL INC 148683 11/10/2011 000537 SO CALIF EDISON PUBLIC NOTICE POSTINGXX0141: PLANNING PUBLIC NOTICE POSTING XX0251: PLAN PUBLIC NOTICE POSTING XX0145: PLAN PUBLIC NOTICE POSTING XX0241: PLAN PUBLIC NOTICE POSTING XX0217: PLAN PUBLIC NOTICE POSTING XX0200: PLAN 148.10 148.10 296.20 148.10 148.10 148.10 Misc supplies:high hopes prgrm 139.22 ARTIST HOSPITALITY: THEATER Oct 2-27-371-8494:42189 Winchester Oct 2-29-974-7899:26953 Ynez LS3 Oct 2-29-479-2981:31454 Tem pkwy Nov 2-01-202-7330:TCSD:LS-1 Allnite Oct 2-01-202-7603:Arterial STLT Oct 2-33-237-4818:30499 Rancho Cal Oct 2-31-031-2590:28301 Rancho Cal Oct 2-05-791-8807:31587 Tem pkwy TCI Oct 2-29-657-2332:45538 Redwood Oct 2-30-220-8749:45850 N Wolf Crk Oct 2-29-953-8447:31738 Wolf vly rd Oct 2-29-657-2563:42902 Butterfield Oct 2-25-350-5119:45602 Redhawk Oct 2-31-936-3511:46488 Pechanga Oct 2-30-066-2889:30051 rancho vista Oct 2-02-502-8077:43210 Bus pk dr Oct 2-27-805-3194:42051 Main St Oct 2-20-798-3248:Children's Museum Oct 2-10-331-2153:28816 Pujol St Oct 2-02-351-5281:CRC 148684 11/10/2011 000519 SOUTH COUNTY PEST Oct pest control srvcs:City fac's CONTROL INC 1,036.70 92.31 231.53 36.33 222.98 120.91 77,246.78 28,407.88 10.02 51.49 11,030.00 23.69 330.63 22.72 190.96 25.10 48.21 23.63 377.76 4,161.53 1,423.83 905.49 4,383.92 129,043.86 838.00 838.00 Page:7 apChkLst Final Check List Page: 8 11/10/2011 11:01:08AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 148685 11/10/2011 012652 SOUTHERN CALIFORNIA Nov gen usage 0141,0839,2593,9306 148686 11/10/2011 000293 STADIUM PIZZA INC 508.75 508.75 Refreshments: Halloween Camival 191.08 Refreshments:teen event 10/22 284.30 475.38 148690 11/10/2011 007762 STANDARD INSURANCE Mandatory Life Insurance Payment 8,861.55 8,861.55 COMPANY 148691 11/10/2011 012723 STANDARD INSURANCE Voluntary Supp Life Insurance Payment 740.80 740.80 COMPANY 148692 11/10/2011 002015 STAR WAY PRODUCTIONS audio srvcs:2011 4th of July parade 915.00 915.00 148693 0 -VOIDED 0 148694 11/10/2011 000305 TARGET BANK BUS CARD Artist hospitality: Theater 104.52 SRVCS Misc supplies:children's museum 32.76 137.28 148695 11/10/2011 001547 TEAMSTERS LOCAL 911 Union Dues Payment 4,637.00 4,637.00 148696 11/10/2011 013335 TEMECULA ACE HARDWARE maint supplies:Fire OATC 3.21 3.21 INC 148697 11/10/2011 003677 TEMECULA MOTORSPORTS Veh repair & maint:police 365.00 365.00 LLC 148698 11/10/2011 011736 TEMECULA TROPHY INC Council chamber name plate: K.Syers 21.55 Name tags:theater 43.10 64.65 148699 11/10/2011 009194 TEMECULA VALLEY NEWS Oct advertising: Temecula Presents 429.60 429.60 148700 11/10/2011 002452 TOP LINE INDUSTRIAL Equip repair & maint:PW Maint 23.39 23.39 148701 11/10/2011 003031 TRAFFIC CONTROL SERVICE Misc supplies:pw traffic 139.41 139.41 INC 148702 11/10/2011 014413 U.S. DEPARTMENT OF SUPPORT PAYMENT 118.01 118.01 EDUCATION 148703 11/10/2011 014192 UNBOUND GRAPHIX, INC. GRAPHICS:POLICE VEHICLE UNITS 1,408.31 1,408.31 148704 11/10/2011 007766 UNDERGROUND SERVICE Oct undrgrnd svcs alert tickets:PW 262.50 262.50 ALERT Pages apChkLst 11/10/2011 11:01:08AM Final Check List CITY OF TEMECULA Page: 9 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 148705 11/10/2011 000325 UNITED WAY 148706 11/10/2011 012549 U PODIUM 148707 11/10/2011 004261 VERIZON 148708 11/10/2011 004789 VERIZON 148709 11/10/2011 003730 WEST COAST ARBORISTS INC 148710 11/10/2011 000621 WESTERN RIVERSIDE COUNCIL OF 148711 11/10/2011 008402 WESTERN RIVERSIDE COUNTY 148712 11/10/2011 004567 WITCHER ELECTRIC Description Amount Paid Check Total United Way Charities Payment Veh maint supplies: Sta 12 Oct xxx-0049 general usage:JC Oct xxx-3979 gen usage:PD mall fax line Nov SW DSL:PD:Jones, C. 9/16-30 tree trimming & removal: village 9/16-30 tree trimming & removal: vintage 7/1-15 tree trimming services: Paloma Oct '11 TU MF Payment Oct '11 MSHCP payment Electrical repairs:harveston lake park Electrical services: Sta 92 63.00 89.57 37.05 84.06 39.95 1,456.00 882.00 98.00 58,721.00 23,740.60 800.00 775.00 Grand total for UNION BANK OF CALIFORNIA: 63.00 89.57 121.11 39.95 2,436.00 58,721.00 23,740.60 1,575.00 2,551 A79.55 Page9 apChkLst Final Check List Page: 10 11/10/2011 11:01:08AM CITY OF TEMECULA 125 checks in this report. Grand Total All Checks. 2,551,479.55 Pagel 0 Item No. 4 Approvals City Attorney Director of Finance City Manager OcL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Gene Wilson, Director of Finance DATE: November 22, 2011 SUBJECT: City Treasurer's Report as of September 30, 2011 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of September 30, 2011. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of September 30, 2011. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of September 30, 2011 Investments Par Value City of Temecula, California Portfolio Management Portfolio Summary September 30, 2011 Market Value Book %of Value Portfolio Term City of Temecula 43200 Business Park Drive P.O. Bax 9033 Temecula, CA, 92590 [951)694-6430 Days to YTM YTM Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts Letter of Credit Local Agency Investment Funds Federal Agency Callable Securities Federal Agency Bullet Securities Investments N,53 4,21 2.98 1.00 44,666,1 75.41 23,000,000.00 14,000,000.00 140,200,388.49 58,534,212.08 1.09 44,725,678.83 23,239,929.09 14,1 69,820.09 N,53 4,212.98 1.00 44,666,1 75.41 23,999,999.99 13,98 6,649.99 41.75 0.00 31.86 16.41 9.98 1413,669,631 91 140,187,028.49 100.00% 1,334 1,099 930 452 0.247 9.999 0.3 73 1.726 1.725 0.250 0.000 0.3 78 1.750 1.749 329 199 0.677 0.686 Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments 4,536,673.22 144,737,061.71 4,536,673.22 4,536,673.22 145,2 06,3 05.13 144,723,701.71 9.999 0.000 329 199 0.677 0.686 Tot al Earnings September 30 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return 79,841.85 139, 005,843.22 0.70% Reporting period 09;01/2011-09;30;2011 Run Date: 10/27/2011 - 1495 255, 693.21 146,166,305.93 0.69% Portfolio TEME CP PM (PRF_PM1) SymRept8.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2011 Page 2 Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 1 2221 6003-2 CITY COP RE2 ASSURED GUARANTY 1.00 1.00 1.00 1.000 0.986 1.000 1 104348008-1 01-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348006-4 01-2 RESA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348016-3 01-2 RESB2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348000-4 01-2 SPTAX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669911-2 03-1 ACQA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669921-3 03-1 ACQB3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BON D3 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 94669906-3 03-1 RES A3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669916-2 03-1 RES B2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669900-4 03-1 SPTAX1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593011-2 03-2 ACQ 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593009-2 03-2 EMW D 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593007-2 03-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593016-4 03-2 LOC 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593010-2 03-2 PWADM2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593006-2 03-2 RES 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593000-3 03-2 SPTX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727011-2 03-3 ACQ2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727002-2 03-3 BOND 2 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 744727007-2 03-3 CITY2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03-3 EMW D 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006-3 03-3 RES3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727000-4 03-3 SP TX 4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686001-2 03-4 ADMIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686005-1 03-4 PREP1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686000-1 03-4 RED1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686006-2 03-4 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776002-2 03-6 BON D2 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 786776007-2 03-6 IMP2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776006-2 03-6 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776000-3 03-6 SP TX3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453510-2 88-12 BON D2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453518-4 88-12 GI4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 1 2221 6003-4 CITY COP RE4 First American Treasury 730.91 730.91 730.91 0.000 0.000 1 122216008-3 CITY COPCIP2 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 1 2221 600 0-2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INTI First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94 43 41 61-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 Run Date: 10/27/2011 - 14:35 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2011 Page 3 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 107886008-2 RDA 06 CIPA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886001 RDA 06 PRIN First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 107886000-2 RDA O6A INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886018-3 RDA 06B CIP3 First American Treasury 53,198.54 53,198.54 53,198.54 0.000 0.000 1 107886010-2 RDA O6B INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886016-2 RDA 06B RES2 First American Treasury 202,115.00 202,115.00 202,115.00 0.000 0.000 1 107886030-2 RDA 07 CAPI2 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 107886027-2 RDA 07 ESC2 First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 107886020-2 RDA 07 INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886028-2 RDA 07 PROJ2 First American Treasury 4,254.47 4,254.47 4,254.47 0.000 0.000 1 107886026-2 RDA 07 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 SYSRDA 10 DS 1 RDA 10 DS 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 SYSRDA 10A CIP2 RDA 10A CIP2 First American Treasury 07/01/2011 19,394.96 19,394.96 19,394.96 0.000 0.000 1 136343001-2 RDA 10A -INTI First American Treasury 07/28/2011 0.00 0.00 0.00 0.000 0.000 1 136343018-2 RDA 10B CIP2 First American Treasury 07/01/2011 2,531.10 2,531.10 2,531.10 0.000 0.000 1 136343000-1 RDA 106 -INTI First American Treasury 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 94432360-2 TCSD COP INT First American Treasury 07/01/2011 399,002.50 399,002.50 399,002.50 0.000 0.000 1 104348006-5 01-2 RESA11 Federated Tax Free Obligations 440,403.09 440,403.09 440,403.09 0.040 0.039 0.040 1 104348016-5 01-2 RESB11 Federated Tax Free Obligations 202,735.93 202,735.93 202,735.93 0.040 0.039 0.040 1 104348000-5 01-2 SPTAX11 Federated Tax Free Obligations 81,531.19 81,531.19 81,531.19 0.040 0.039 0.040 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 15,123.03 15,123.03 15,123.03 0.040 0.039 0.040 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 388.82 388.82 388.82 0.040 0.039 0.040 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 863,930.58 863,930.58 863,930.58 0.040 0.039 0.040 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 222,957.89 222,957.89 222,957.89 0.040 0.039 0.040 1 94669000-5 03-01SPTAX11 Federated Tax Free Obligations 91,356.04 91,356.04 91,356.04 0.040 0.039 0.040 1 786776006-5 03-06 RES11 Federated Tax Free Obligations 337,886.96 337,886.96 337,886.96 0.040 0.039 0.040 1 786776000-5 03-06SPTAX11 Federated Tax Free Obligations 46,010.70 46,010.70 46,010.70 0.040 0.039 0.040 1 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 6,079.17 6,079.17 6,079.17 0.040 0.039 0.040 1 793593009-5 03-2 EMW D11 Federated Tax Free Obligations 5,189.95 5,189.95 5,189.95 0.040 0.039 0.040 1 793593016-5 03-2 LOC1 1 Federated Tax Free Obligations 141,909.60 141,909.60 141,909.60 0.040 0.039 0.040 1 793593010-5 03-2 PWADM11 Federated Tax Free Obligations 397.86 397.86 397.86 0.040 0.039 0.040 1 793593006-5 03-2 RES11 Federated Tax Free Obligations 368.05 368.05 368.05 0.040 0.039 0.040 1 793593000-5 03-2 SPTX Federated Tax Free Obligations 40.04 40.04 40.04 0.050 0.049 0.050 1 793593007-5 03-2-IMPR11 Federated Tax Free Obligations 1,143.68 1,143.68 1,143.68 0.040 0.039 0.040 1 744727006-5 03-3 RES11 Federated Tax Free Obligations 2,171,196.85 2,171,196.85 2,171,196.85 0.040 0.039 0.040 1 744727011-5 03-3ACQ11 Federated Tax Free Obligations 41,970.60 41,970.60 41,970.60 0.040 0.039 0.040 1 94686001-5 03-4 ADMIN11 Federated Tax Free Obligations 5,515.87 5,515.87 5,515.87 0.040 0.039 0.040 1 94686005-5 03-4 PREP11 Federated Tax Free Obligations 4,076.98 4,076.98 4,076.98 0.040 0.039 0.040 1 94686000-5 03-4 RED11 Federated Tax Free Obligations 6,932.05 6,932.05 6,932.05 0.040 0.039 0.040 1 Run Date: 10/27/2011 - 14:35 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2011 Page 4 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 94686006-5 03-4 RES11 Federated Tax Free Obligations 744727000-5 03-SSPTAX11 Federated Tax Free Obligations 146161000-5 146161000-5 Federated Tax Free Obligations 1 461 61 006-5 RDA 11 DS11 Federated Tax Free Obligations 146161008-5 RDA 11ACIP11 Federated Tax Free Obligations 1 461 61 009-5 RDA 11ACO111 Federated Tax Free Obligations 94432363 02001 Financial Security Assurance 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 1 2221 600 8 CITY COP CIP CA Local Agency Investment Fun 122216003-1 CITY COP RE1 CA Local Agency Investment Fun 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 107886030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 107886027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 107886028-1 RDA 07 PRO -1 CA Local Agency Investment Fun 107886026-1 RDA 07 RES -1 CA Local Agency Investment Fun 107886006 RDA 06 RES A MBIA Surety Bond 94434166 RDA TABS RES MBIA Surety Bond SYS95453516-1 95453516-1 USBANK Subtotal and Average 58,137,125.76 73,003.41 73,003.41 73,003.41 0.040 0.039 0.040 1 333,494.56 333,494.56 333,494.56 0.040 0.039 0.040 1 07/27/2011 0.50 0.50 0.50 0.001 0.001 0.001 1 1,308,353.51 1,308,353.51 1,308,353.51 0.040 0.039 0.040 1 14,972,331.81 14,972,331.81 14,972,331.81 0.040 0.039 0.040 1 9,556.78 9,556.78 9,556.78 0.040 0.039 0.040 1 07/01/2011 1.00 1.00 1.00 0.000 0.000 1 28,826,450.13 28,826,450.13 28,826,450.13 0.378 0.373 0.378 1 1,568,028.61 1,568,028.61 1,568,028.61 0.378 0.373 0.378 1 0.00 0.00 0.00 0.378 0.373 0.378 1 289,607.38 289,607.38 289,607.38 0.378 0.373 0.378 1 3,621,938.85 3,621,938.85 3,621,938.85 0.378 0.373 0.378 1 0.00 0.00 0.00 0.378 0.373 0.378 1 794,679.32 794,679.32 794,679.32 0.378 0.373 0.378 1 0.00 0.00 0.00 0.378 0.373 0.378 1 0.00 0.00 0.00 0.378 0.373 0.378 1 0.00 0.00 0.00 0.378 0.373 0.378 1 0.00 0.00 0.00 0.378 0.373 0.378 1 259,486.85 259,486.85 259,486.85 0.378 0.373 0.378 1 1,108,903.96 1,108,903.96 1,108,903.96 0.378 0.373 0.378 1 1.00 1.00 1.00 0.000 0.000 1 1.00 1.00 1.00 0.000 0.000 1 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 58,534,212.08 58,534,212.08 58,534,212.08 0.247 0.250 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2011 Subtotal and Average 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.000 0.000 1 0.000 0.000 1 Local Agency Investment Funds 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 314,783.96 314,783.96 314,783.96 0.378 0.373 0.378 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 3,899,732.57 3,899,732.57 3,899,732.57 0.378 0.373 0.378 1 744727011-1 03-3 ACQ2 CA Local Agency Investment Fun 931,159.10 931,159.10 931,159.10 0.378 0.373 0.378 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.378 0.373 0.378 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.378 0.373 0.378 1 SYSCITY CITY CA Local Agency Investment Fun 13,059,823.03 13,083,952.25 13,059,823.03 0.378 0.373 0.378 1 SYSRDA RDA CA Local Agency Investment Fun 12,266,853.63 12,289,517.77 12,266,853.63 0.378 0.373 0.378 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 1,267,267.93 1,267,267.93 1,267,267.93 0.378 0.373 0.378 1 Run Date: 10/2712011 - 14:35 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2011 Page 5 Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds SYSRDA 1 OA CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 549.26 549.26 549.26 0.378 0.373 0.378 1 SYSRDA 10 CIP 1 RDA 10B CIP1 CA Local Agency Investment Fun 6,046,747.83 6,046,747.83 6,046,747.83 0.378 0.373 0.378 1 SYSTCSD TCSD CA Local Agency Investment Fun 6,879,258.10 6,891,968.16 6,879,258.10 0.378 0.373 0.378 1 Subtotal and Average 41,496,175.41 44,666,175.41 44,725,678.83 44,666,175.41 0.373 0.378 1 Federal Agency Callable Securities 31331J2P7 01156 Federal Farm Credit Bank 11/17/2010 1,000,000.00 1,001,130.00 1,000,000.00 1.250 1.233 1.250 1,143 11/17/2014 31331J4T7 01159 Federal Farm Credit Bank 12/16/2010 1,000,000.00 1,001,660.00 1,000,000.00 1.350 1.332 1.350 807 12/16/2013 31331KPN4 01169 Federal Farm Credit Bank 06/27/2011 1,000,000.00 1,003,030.00 1,000,000.00 1.050 1.036 1.050 1,000 06/27/2014 3133XVF63 01147 Federal Home Loan Bank 10/26/2009 1,000,000.00 1,001,210.00 1,000,000.00 2.100 2.071 2.100 573 04/26/2013 3133724V3 01158 Federal Horne Loan Bank 12/30/2010 1,000,000.00 1,001,920.00 1,000,000.00 1.125 1.110 1.125 821 12/30/2013 313372NX8 01165 Federal Home Loan Bank 02/28/2011 1,000,000.00 1,006,510.00 1,000,000.00 2.000 1.973 2.000 1,154 11/28/2014 313372VP6 01167 Federal Horne Loan Bank 03/23/2011 1,000,000.00 1,004,710.00 1,000,000.00 1.250 1.233 1.250 814 12/23/2013 3134G1Y65 01162 Federal Home Loan Mtg Corp 01/25/2011 1,000,000.00 1,009,470.00 1,000,000.00 1.500 1.479 1.500 1,028 07/25/2014 3134G1Y99 01163 Federal Horne Loan Mtg Corp 02/08/2011 1,000,000.00 1,004,280.00 1,000,000.00 1.650 1.627 1.650 1,042 08/08/2014 3134G2NK4 01170 Federal Home Loan Mtg Corp 07/11/2011 1,000,000.00 1,004,170.00 1,000,000.00 1.125 1.110 1.125 1,014 07/11/2014 3134G2RX2 01173 Federal Horne Loan Mtg Corp 07/25/2011 1,000,000.00 1,004,250.00 1,000,000.00 1.200 1.184 1.200 1,028 07/25/2014 3136F9CB7 01088 Federal National Mtg Assn 03/11/2008 2,000,000.00 2,104,080.00 2,000,000.00 4.000 3.945 4.000 527 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2008 1,000,000.00 1,053,520.00 1,000,000.00 4.000 3.945 4.000 543 03/27/2013 3136FJNN7 01148 Federal National Mtg Assn 11/18/2009 1,000,000.00 1,001,700.00 1,000,000.00 2.000 1.973 2.000 1,144 11/18/2014 3136FPNTO 01153 Federal National Mtg Assn 10/18/2010 1,000,000.00 1,000,070.00 1,000,000.00 0.625 0.616 0.625 748 10/18/2013 3136FPPR2 01154 Federal National Mtg Assn 10/14/2010 1,000,000.00 1,000,210.00 1,000,000.00 1.150 1.134 1.150 926 04/14/2014 3136FPQV2 01155 Federal National Mtg Assn 10/28/2010 1,000,000.00 1,000,430.00 1,000,000.00 1.000 1.601 1.623 850 01/28/2014 3136FPZD2 01157 Federal National Mtg Assn 12/03/2010 1,000,000.00 1,006,520.00 1,000,000.00 1.125 1.110 1.125 1,159 12/03/2014 31398A7A4 01160 Federal National Mtg Assn 12/30/2010 1,000,000.00 1,002,220.00 1,000,000.00 1.300 1.282 1.300 821 12/30/2013 31398A7L0 01161 Federal National Mtg Assn 01/24/2011 1,000,000.00 1,003,420.00 1,000,000.00 1.450 1.430 1.450 846 01/24/2014 3136FRZQ9 01171 Federal National Mtg Assn 07/20/2011 1,000,000.00 1,005,780.00 1,000,000.00 1.250 1.233 1.250 1,115 10/20/2014 3136FRB44 01172 Federal National Mtg Assn 07/22/2011 1,000,000.00 1,019,630.00 1,000,000.00 2.125 2.096 2.125 1,756 07/22/2016 Subtotal and Average 23,000,000.00 23,000,000.00 23,239,920.00 23,000,000.00 1.726 1.750 930 Federal Agency Bullet Securities 31331Y3P3 01105 Federal Farm Credit Bank 07/15/2008 1,000,000.00 1,000,000.00 998,140.00 3.500 3.514 3.563 2 10/03/2011 31331GE47 01135 Federal Farm Credit Bank 07/29/2009 1,000,000.00 1,033,000.00 997,500.00 2.250 2.284 2.316 667 07/29/2013 31331GG37 01137 Federal Farm Credit Bank 08/04/2009 1,000,000.00 1,023,650.00 1,000,000.00 2.150 2.121 2.150 492 02/04/2013 31331GZ44 01144 Federal Farm Credit Bank 10/15/2009 1,000,000.00 1,012,880.00 1,000,000.00 1.550 1.529 1.550 380 10/15/2012 31331KCA6 01164 Federal Farm Credit Bank 02/10/2011 1,000,000.00 1,019,780.00 1,000,000.00 1.375 1.356 1.375 863 02/10/2014 31331KTK6 01174 Federal Farm Credit Bank 08/01/2011 1,000,000.00 1,006,740.00 1,000,000.00 0.875 0.863 0.875 1,035 08/01/2014 3133XSWM6 01124 Federal Horne Loan Bank 01/23/2009 1,000,000.00 1,005,980.00 1,000,000.00 2.100 2.071 2.100 114 01/23/2012 Run Date: 10/27/2011 - 14:35 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments September 30, 2011 Page 6 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Bullet Securities 3133XTN85 01125 Federal Horne Loan Bank 05/07/2009 1,000,000.00 1,001,310.00 1,000,000.00 1.500 1.479 1.500 37 11/07/2011 3133XTXC5 01130 Federal Home Loan Bank 06/11/2009 1,000,000.00 1,013,620.00 1,000,000.00 2.250 2.219 2.250 254 06/11/2012 3133XVEM9 01150 Federal Horne Loan Bank 11/04/2009 1,000,000.00 1,014,860.00 1,000,000.00 1.625 1.603 1.625 417 11/21/2012 3133XVRS2 01151 Federal Home Loan Bank 11/16/2009 1,000,000.00 1,002,100.00 999,750.00 1.000 0.998 1.012 88 12/28/2011 313372UH5 01166 Federal Horne Loan Bank 03/15/2011 1,000,000.00 1,013,570.00 1,000,000.00 1.125 1.110 1.125 713 09/13/2013 313374CZ1 01168 Federal Home Loan Bank 06/22/2011 1,000,000.00 1,009,820.00 1,000,000.00 1.000 0.986 1.000 1,087 09/22/2014 31398AYM8 01139 Federal National Mtg Assn 08/10/2009 1,000,000.00 1,012,510.00 991,250.00 1.750 2.024 2.052 314 08/10/2012 Subtotal and Average 13,986,640.00 14,000,000.00 14,169,820.00 13,986,640.00 1.725 1.749 462 Total and Average 139,005,843.22 Run Date: 10/27/2011 - 14:35 140, 200,388.49 140, 669, 631.91 140,187,028.49 0.677 0.686 199 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash September 30, 2011 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 7 Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 4110170281 EDGEDEV TORRY PINES BANK 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 23303800 PCL CONST Wells Fargo Bank 07/01/2011 0.00 0.00 0.00 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2011 2,810.00 2,810.00 2,810.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2011 29,649.88 29,649.88 29,649.88 0.000 0.000 1 SYSGen CkAcct Gen CkAcct Union Bank of California 4,494,260.99 4,494,260.99 4,494,260.99 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2011 9,952.35 9,952.35 9,952.35 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments 139,005,843.22 Run Date: 10/27/2011 - 14:35 144, 737,061.71 145, 206, 305.13 144,723,701.71 0.677 0.686 199 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Fund No. Cash and Investments Report CITY OF TEMECULA Through September 2011 Fund Name Fund Total 001 GENERAL FUND $ 31,745,683.87 100 STATE GAS TAX FUND 1,428,370.47 120 DEVELOPMENT IMPACT FUND 5,226,699.24 131 ENERGY EFFICIENCY CONSERVATION GRANT 4,670.94 150 AB 2766 FUND 638,890.67 165 RDA AFFORDABLE HOUSING 20% SET ASIDE 27,560,277.22 170 MEASURE A FUND 8,669,630.77 190 TEMECULA COMMUNITY SERVICES DISTRICT 761,630.13 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 240.94 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 190,782.62 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 5,008.73 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 200,650.46 197 TEMECULA LIBRARY FUND 553,058.03 210 CAPITAL IMPROVEMENT PROJECT FUND 14,495,825.31 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 4,230,028.38 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 973,129.70 277 CFD-RORIPAUGH 30,406,891.54 280 REDEVELOPMENT AGENCY - CIP PROJECT 225,234.67 300 INSURANCE FUND 564,175.08 310 VEHICLES AND EQUIPMENT FUND 985,008.61 320 INFORMATION TECHNOLOGY 286,677.02 330 SUPPORT SERVICES 292,986.17 340 FACILITIES 9,352.35 370 CITY 2008 COP'S DEBT SERVICE 797,549.16 375 SUMMER YOUTH EMPLOYMENT PROGRAM 17,218.76 380 RDA DEBT SERVICE FUND 1,584,255.34 390 TCSD 2001 COP'S DEBT SERVICE 495,642.73 460 CFD 88-12 DEBT SERVICE FUND 84,385.65 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 777,568.89 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,218,465.69 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 98,980.82 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 2,845,044.25 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 422,083.30 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 6,516,687.60 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 8,174.62 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 45,756.09 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 27,621.45 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 1,579.47 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 5,281.82 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 9,393.02 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 1,949.91 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 8,291.81 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 11,710.22 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 3,598.95 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 707.35 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 19,236.84 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 742.31 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 94.04 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 63,460.56 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 316.31 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 6,052.01 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 51,409.87 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 122,982.89 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 89,835.72 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 332.13 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 8,387.44 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 149,833.81 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 17,594.81 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 176.33 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 200,225.56 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 4,096.09 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES 34,678.59 Grand Total: $145,206,305.13 Item No. 5 Approvals City Attorney Director of Finance City Manager OcL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Wilson, Director of Finance DATE: November 22, 2011 SUBJECT: Liability Insurance Renewal PREPARED BY: Roberto Cardenas, Fiscal Services Manager RECOMMENDATION: That the City Council approve the insurance policy renewal for liability insurance with Travelers Indemnity Company/Travelers Indemnity Company of Connecticut (Travelers) and excess liability insurance with Ironshore Specialty Insurance Company (Ironshore), in the amount of $219,099, for the period of December 1, 2011 through December 1, 2012. BACKGROUND: In preparation for the December 1, 2011 expiration of the City's liability insurance policy with St Paul Fire and Marine Insurance Company and excess liability insurance policy with Ironshore, staff requested that the City's insurance broker, Brown & Brown, Inc., market the City's application for both liability insurance and excess liability insurance. In response, Brown & Brown, Inc. obtained proposals from the insurance carriers listed below in the order of responsiveness. The premiums were quoted with a minimum self- insured retention (SIR) of $150,000. The quotes ranged from $250,000 for All Other Liability and $500,000 for Employment Practices Liability. In addition, each quote had an Occurrence and Aggregate Limit of $1,000,000 up to $10,000,000: LIABILITY INSURANCE Company Premium Self -Insured Retention Travelers $177,386* $150,000 Markel Insurance Company $200,000 $150,000 Illinois Union Insurance Company $250,000 $200,000 Everest National Insurance Company $220,000 $250,000 Munich American Insurance $230,000 $250,000 Genesis Insurance Company No Bid No Bid Ironshore Specialty Insurance Company No Bid No Bid * Includes optional Terrorism Risk Insurance. EXCESS LIABILITY INSURANCE Company Premium* Ironshore Specialty Insurance Company $41,713 Markel American Insurance Company $40,901 * Includes optional Terrorism Risk Insurance. The excess liability insurance premium for Markel American Insurance Company (Markel) was slightly less than the premium submitted by Ironshore. However, since Markel's proposal carried a large number of exclusions (e.g. mold, pollution, cross suits, etc.), Brown & Brown, Inc. determined Ironshore's proposal to be more responsive. To ensure each carrier had sufficient financial capacity to provide the necessary policy limits to insure the City's risks, Brown & Brown, Inc. utilized the services of A.M. Best to assess the financial strength and creditworthiness of each carrier that submitted a proposal. A.M. Best assigned a Financial Strength Rating (FSR) of "A+" (Superior) to Travelers based on their ability to meet their ongoing insurance policy and contractual obligations (after a comprehensive evaluation of their balance sheet strength, operating performance, and business profile). In addition, A.M. Best assigned Travelers a Financial Size Category (FSC) of "XV' ($2 billion or greater) based on their policyholder's adjusted surplus. A.M. Best assigned Ironshore an FSR of "A-" (Excellent) with an FSC of "XIII" ($1.2 to $1.5 billion). The proposal submitted by Travelers and Ironshore provides coverage of $10 million per Occurrence and $10 million Aggregate with a self-insured retention of $150,000. The City elected to continue to purchase terrorism coverage for both the primary policy and the excess policy to cover third party bodily injury and property damage should a certified act of terrorism occur. The premium breakdown is as follows: Company Insurance Premium Travelers Liability $ 177,386 Ironshore Specialty Insurance Company Excess Liability $ 41,713 Total $ 219,099 Considering the City's increasing exposure associated with growth and increased activities, staff recommends the City accept the proposals of Travelers and Ironshore, in the amounts noted, for coverage from December 1, 2011 through December 1, 2012. The schedule below reflects liability and excess liability insurance premiums for the past eight years (with $10 million coverage). The liability premium for this year represents a nominal premium increase over the previous year. The minimal increase is primarily due to loss payment on litigation and potential future claim settlements: Year 2004 2005 2006 2007 2008 2009 2010 2011 Quote Premium Limits $274,063 $278,941 $252,779 $222,068 $206,636 $200,498 $204,284 $219,099 As reflected above, although the City has continued to grow, the premiums have remained steady. FISCAL IMPACT: ATTACHMENTS: Sufficient funds have been budgeted in the fiscal year 2011-2012 insurance fund. Travelers and Ironshore Insurance Proposals. filrc)w11 101111 Cl 'INSURANCE Brown Brown, Inc. INSURANCE PROPOSAL For CITY OF TEMECULA PUBLIC ENTITY GENERAL, AUTOMOBILE, MANAGEMENT, EMPLOYMENT PRACTICES, LAW ENFORCEMENT, EMPLOYEE BENEFIT PLANS ADMINISTRATION & UMBRELLA LIABILITY Coverages Incepting: 12-01-11 Presented by: Michael G. Bush Senior Vice President November 3, 2011 California Insurance License 0802587 500 N. State College Blvd., Suite 400 Orange, CA 92868 P.O. Box 8989 Orange, CA 92863 7141221-1800 8001228-7975 7141221-4196 Fax IMPORTANT NOTICE DISCLAIMER Disclaimer: This proposal/policy presented is based upon the exposures to loss made known to the agency. Any changes in these exposures (i.e. new operations, new products, additional state of hire, etc.) need to be promptly reported to our agency in order that proper coverage(s) may be put in place. The proposal contains only a general description of the coverage(s) and does not constitute a policy / contract. For complete policy information, including exclusions, limitations and conditions, refer to the policy document. Specimen policy forms and endorsements are available upon request. Travelers Indemnity Company/Travelers Indemnity Company of Connecticut ❑ Non -Admitted Carrier Taxes & Fees: $ NIA Minimum Earned Premium: NIA % Ironshore Specialty Insurance Company See Excess Coverage Non -Admitted Carrier Taxes & Fees: Premium Section Minimum Earned Premium: 25 % Higher Limits may be available upon request v Automobile Premium is subject to audit based on a rate of $194.00 per vehicle unit Premiums include Terrorism Coverage Options CARRIERS A.M. BEST RATING Travelers Indemnity Company Travelers Indemnity Company of Connecticut 1. (Travelers Insurance Companies) A+: XV; Admitted 2. Ironshore Specialty Insurance CompanyMarkel A-: XIII; Non -Admitted 3. Markel American Insurance Company A: XIV; Admitted Please read your policy for specific details, The information obtained from A.M. Best's Rating is not in any way a warranty or guaranty by Brown & Brown, Inc. of the financial stability of the insurer and this information is current only as of the date of publication. THIS FORM IS FOR ILLUSTRATION ONLY. READ YOUR POLICY FOR SPECIFIC DETAILS 2011 City of Temecula Proposal NAMED INSURED City of Temecula Temecula Community Services District Redevelopment Agency of the City of Temecula Temecula Public Financing Authority Temecula Housing Authority (Review) 2011 Cly of Temecula Proposal THIS FORM 1S FOR ILLUSTRATION ONLY. READ YOUR POLICY FOR SPECIFIC DETAILS PUBLIC ENTITY GENERAL, AUTOMOBILE, MANAGEMENT, EMPLOYMENT PRACTICES, LAW ENFORCEMENT, EMPLOYEE BENEFIT PLANS ADMINISTRATION & UMBRELLA LIABILITY I. Discuss Markets Available A. Major Carriers Providing Municipal Coverage 1 Travelers Insurance Company 2. Chartis (Lexington) Insurance Company 3. Genesis Insurance Company 4. Markel Insurance Company 5. Ironshore Insurance Company 6. Everest National Insurance Company 7. Munich American Insurance Company 8. ACE Public Entity Insurance (Illinois Union Insurance Company) 9. Zurich Insurance Company (Note — No longer writing Municipal Coverage in California) 10. Clarendon America Insurance Company (Note — No Longer Writing Municipal Coverage) II. Travelers Insurance Company A. Policy Review (Per Expiring) 1. Occurrence Form (except Employee Benefit Plans Administration Liability — Claims Made) 2. Exclusions - Review Individual Coverage Parts Also Attached: Coverage Part Public Entity General Liability: Aggregate a. Back-up Sewers & Drains k. Included: $1,000,000 Limit I. b. Failure to Supply Utility Services Included: $1,000,000 Sublimit m. c. Mold, Fungi, or Bacteria Exclusion d. Injury to Voluntary Firefighters n. Exclusion e. Injury to Fellow Employees Exclusion f. Medical Expense(Without Liability) o. Exclusion g. Eminent Domain and Inverse Condemnation Exclusion p. h. Asbestos Exclusion i. War Exclusion q. j. Employment Practices Liability Exclusion r. $1,000,000 Occurrence and Lead Exclusion Unsolicited Communication Exclusion Terrorism Exclusion unless purchased Healthcare Professional Liability:EMT's, Nurses & Social Services Professionals Included Sexual Abuse Coverage Included $1,000,000 OCC/ $2,000,000 AGG Premises Damage 300,000 Limit Property Damage Change/Intellectual Property Exclusion Discrimination Exclusion THIS FORM IS FOR ILLUSTRATION ONLY. READ YOUR POLICY FOR SPECIFIC DETAILS 2011 City a1 Temecula Proposal Also Attached: Coverage Part Public Entity Law Enforcement Liability: $1,000,000 Occurrence and Aggregate a. Injury to Employees and Volunteers Exclusion b. Mold, Fungi, or Bacteria Exclusion c. Employment Related Practices Exclusion Also Attached Coverage Part Management Liability: $5,000,000 Occurrence and Aggregate a. Healthcare Professional Services Exclusion b. No Exclusion for Architects, Engineers or Lawyers c. Eminent Domain Exclusion d. Board Exclusions for Airports, Healthcare Facilities, Port Authorities, Transit Authorities, Gas, Electric, Schools, School Districts and JPA's Also Attached Coverage Part Public Entity Employee Benefit Plan Administration Liability: $1,000,000 Occurrence and $3,000,000 Aggregate Also Attached Coverage Part Public Entity Employment Practices Liability: $5,000,000 Occurrence and Aggregate a. Declaratory, Injunctive or Other Non -Monetary Relief Costs Exclusion b. Defense Expenses Included Within Limit of Liability c. Damages include Attorneys' Fees of Person making claim if the Protected Person is legally required to pay under the law which was violated Also Attached Coverage Part Public Entity Automobile Liability: $1,000,000 Occurrence and No Aggregate a. Injury to Volunteer Workers, including Volunteer Firefighters Exclusion b. Injury to a Fellow Employee Exclusion c. Professional Services Exclusion d. Rate: 194.00 Per Power Unit (Auditable) Also Attached Coverage Part Public Entity Umbrella/Excess Liability: $4,000,000 Occurrence and Aggregate over Public Entity General (including Sexual Abuse and Molestation), Law Enforcement, Employee Benefit Plan Administration, Automobile Liability (only) (Aggregate does not apply to Automobile Liability), and Employers Liability a. Healthcare Professional Services Exclusion — EMT's Exclusion b. Asbestos Exclusion c. Mold, Fungi, or Bacteria Exclusion d. Public Use of Property Exclusion (Eminent Domain) e. Uninsured and Underinsured Auto Exclusion f. Lead Exclusion g. Unsolicited Communication Exclusion h. Injury to Volunteer Firefighters Exclusion i. Failure to Supply Utility Services Exclusion THIS FORM IS FOR ILLUSTRATION ONLY. READ YOUR POLICY FOR SPECIFIC DETAILS 2011 Gry of Temecula Proposal j. Terrorism Exclusion (unless purchased) k. Employment Related Practices Exclusion I. Property Damage Change/Intellectual Property Exclusion m. War Exclusion n. Discrimination Exclusion B. Limit of Liability — Per Coverage Parts above C. The Limits of Liability are excess over the Self -Insured Retention D. Defense Costs — Are within the Self -Insured Retention and within the Limits of Liability. THIS FORM IS FOR ILLUSTRATION ONLY. READ YOUR POLICY FOR SPECIFIC DETAILS 2011 Gty of Temecula Proposal III. Quotation #I - Primary A. Travelers Indemnity Company; Travelers Indemnity Company of Connecticut (Travelers Insurance Companies) (A+: XV; Approved, Admitted) B. Term: 12-01-11/12 C. Form: Occurrence D. Limit/Coverage Primary Coverage Premium * $5,000,000 Per Event or Wrongful Act or Combination $175,630 of Event and Wrongful Act Excess Over Self -Insured Retention (S.I.R.) Public Entity General (Including Bodily Injury, Property Damage, Personal Injury, Advertising Injury, Products & Completed Work Liability), Law Enforcement, Employment Practices, Management, Automobile, and Umbrella Liability $1,000,000 Per Wrongful Act Public Entity Employee Benefit Plans Administration Liability $1,000,000 Per Occurrence Health Care Professional (EMT's, Nurses, Social Services Professionals) $5,000,000 Total Limit (Aggregate) Management Liability $5,000,000 Total Limit (Aggregate) Employment Practices Liability $3,000,000 Total Limit (Aggregate) Employee Benefit Plan Administration Liability $5,000,000 Total Limit (Aggregate) General and Law Enforcement (Optional) Terrorism Risk Insurance Act Coverage: $1,756 E. Self -Insured Retention: $150,00Q Each Event or Wrongful Act Including Loss & Loss Expense F. Previous Years' Premium Comparisons (not including taxes & fees) (a)2000 012001 0)2002 (02003 (c)2004 fc)2005 0)2006 0)2007 (d)2008 fd)2009 0)2010 02011 Total Premium $102,999 5140,291 5199,000 $208,000 5202,000 $206,687 $195,000 $169,882 5157,684 $152,379 $160,961 5175530 'Primary Limits Retention (a) Limit -20 mil Occ/24 mil Agg GL; 20 mil occ/20 mil Agg E&O; 20 mil Auto Occ $ 50,000 (b) Limit -15 mil Occ/19 mil Agg GL; 15 mil occ/15 mil Agg E&O 15 mil Auto Occ $100,000 (c) Limit - 5 mil Occ/5 mil Agg Pers Inj Liab, Prod -Comp Ops, E&015 mil Auto Occ $150,000 (d) Limit — 5 mil Occ/5 mil Agg GL & Law Enforcement/5 mil Agg Management Liability 5 mil Agg EPL/5 mil Auto Occ $150,000 *E&O — Includes Employment Practices Liability Also See Excess Coverage Quotation THIS FORM IS FOR ILLUSTRATION ONLY. READ YOUR POLICY FOR SPECIFIC DETAILS 2011 City of Temecula Proposal IV. Other Marketing Results Primary A. Genesis Insurance Company (A++ XV; Admitted) $5,000,000 Occ / $5,000,000 Agg Excess Over: 1) $200,000 Self Insured Retention = Declined due to small premium size B. Lexington (Chartis) Insurance Company (A: XV; Non -Admitted) (Did not approach — Discuss. Negative Outlook) $5,000,000 Occ / $5,000,000 Agg Excess Over: (Historically) 1) $150,000 Self Insured Retention = $187,000 Premium + 3.25% Taxes & Fees; TRIA $5,610 plus 3.25% Taxes & Fees C. Munich American Insurance (A+ XV; Admitted) $10,000,000 Occ/$10,000,000 Agg Excess Over: 1) $250,000 Self Insured Retention = $230,000 Minimum Premium D. Everest National Insurance Company (A+ XV; Admitted) $5,000,000 Occ/$5,000,000 Agg Excess Over: 1) Lowest Available Retention: $250,000 Self Insured Retention/ $500,000 Self Insured Retention for Employment Practices Liability = $220,000 to $230,000 Premium E. Illinois Union Insurance Insurance Company (A+ XV; Non -Admitted) $5,000,000 Occ/$5,000,000 Agg Excess Over: 1) $200,000 Minimum Self Insured Retention Premium over $250,000 F. Markel American Insurance Company (A XIV; Admitted) $1,000,000 Occ/$1,000,000 Agg Excess over: 1) $150,000 Self Insured Retention = $200,000 Premium (Indication) G. Ironshore Specialty Insurance Company (A- XIII; Non -Admitted) 1) Not competitive with Travelers Primary V. Excess Coverage Premium A. Markel American Insurance Company $40,191 (Optional Terrorism = $710) 1. $5,000,000 Occ/Agg xs over $5,000,000 Occ/Agg (Includes EPL Coverage) B. Ironshore Specialty Insurance Company (A-: XIII; Non -Admitted) 1. $5,000,000 Occ/Agg xs over $5,000,000 OcclAgg $40,000 + 3.25% (taxes&fees) =$41,300 (Optional Terrorism = $400 + *taxes & fees) THIS FORM IS FOR ILLUSTRATION ONLY. READ YOUR POLICY FOR SPECIFIC DETAILS 2011 City of Temecula Proposal $400 + *taxes/fees) 2. $7,500,000 OcclAgg xs over $5,000,000 OccfAgg $53,333 + 3.25% (taxes & fees) =$ 55,066.32 (Optional Terrorism = $533 +'taxes/fees) 3. $10,000,000 Occ/Agg xs over $5,000,000 Occ/Agg $60,000 + 3.25% (taxes &fees) =$61,950.00 (Optional Terrorism =$650 + *taxes/fees) (Both include EPL Coverage) (*Taxes/Fees = 3.25%) Terms & Conditions (Ironshore Specialty Insurance Company) Following Form Excess Liability: Exclusions: Terrorism (unless purchased), Nuclear, Asbestos, War, ERISA, Uninsured Motorists, Trade - Sanctions, Sublimited Coverage, Subsidence (Markel American Insurance Company) Following Form Excess Liability: Exclusions: Mold exclusion; pollution — absolute exclusion; punitive exclusion; uninsured/under-insured motorists exclusion; blast faxing exclusion; breach of contract exclusion; care custody or control exclusion; computer related and other electronic products exclusion; cross suits; intellectual property hazard; lead contamination; silica; employee benefits limitation; professional liability limitation; public officials limitation; non -drop down provision; privacy notice; terrorism cap on losses; terrorism risk retained amount extension excess; unimpaired aggregate endorsement THIS FORM 1S FOR ILLUSTRATION ONLY. READ YOUR POLICY FOR SPECIFIC DETAILS 2011 City of Temecula Proposal Insured: City of Temecula — Public Entity General, Automobile, Management, Employment Practices, Law Enforcement, Employee Benefit Plans Administration SZ Umbrella Liability 12/01/2011 to 12/01/2012 Compensation In addition to the commissions or fees received by us for assistance with the placement, servicing, claims handling, or renewal of your insurance coverages, other parties, such as excess and surplus lines brokers, wholesale brokers, reinsurance intermediaries, underwriting managers and similar parties, some of which may be owned in whole or in part by Brown & Brown, Inc., may also receive compensation for their role in providing insurance products or services to you pursuant to their separate contracts with insurance or reinsurance carriers. That compensation is derived from your premium payments. Additionally, it is possible that we, or our corporate parents or affiliates, may receive contingent payments or allowances from insurers based on factors which are not client -specific, such as the performance and/or size of an overall book of business produced with an insurer. We generally do not know if such a contingent payment will be made by a particular insurer, or the amount of any such contingent payments, until the underwriting year is closed. That compensation is partially derived from your premium dollars, after being combined (or "pooled") with the premium dollars of other insureds that have purchased similar types of coverage. We may also receive invitations to programs sponsored and paid for by insurance carriers to inform brokers regarding their products and services, including possible participation in company -sponsored events such as trips, seminars, and advisory council meetings, based upon the total volume of business placed with the carrier you select. We may, on occasion, receive loans or credit from insurance companies. Additionally, in the ordinary course of our business, we may receive and retain interest on premiums you pay from the date we receive them until the date the premiums are remitted to the insurance company or intermediary. In the event that we assist with placement and other details of arranging for the financing of your insurance premium, we may also receive a fee from the premium finance company. Questions and Information Requests: Should you have any questions, or require additional information, please contact this office at 1-800-228-7975 or, if you prefer, submit your question or request online at http://www.bbinsurance.com/customerinouirv.shtml Wholesale Broker/Managing General Schinnerer Insurance Services Agent: This intermediary ❑ is ® is not owned in whole or part by Brown & Brown, Inc., the parent company of Brown & Brown of California, Inc. Brown & Brown entities operate independently and are not required to utilize other companies owned by Brown & Brown, Inc.. but routinely do so. In addition to providing access to the insurance company, the Wholesale Insurance Broker/Managing General Agent may provide additional services including, but not limited to: underwriting, loss control, risk placement, coverage review, claims coordination with insurance company; and policy issuance. Compensation paid for those services may be up to 15% of the premium you pay for coverage, and any compensation paid for those services is derived from your premium payment. The Fee, if any, for the Wholesale Insurance Broker's/Managing General Agent's services above is $0.00. THIS FORM IS FOR ILLUSTRATION ONLY. READ YOUR POLICY FOR SPECIFIC DETAILS 2011 Qty of Temecula Proposal r .1 VEHICLE SCHEDULE CITY OF TEMECULA Liability Vehicle Schedule (12-01-11/12 Renewal) 4.0201114ps 1016 VEHICLE VIN PHYSICAL DAMAGE HAULS OTHERS 1 1990 Dodge Maxi Van 285WB35Z8LK789831 2 1992 GMC Tap Kick Breathing Support(F) 1GDP7H1J502955 Yes 3 1995 Sentry Pumper (F) 4ENRAAA86S1004389 Yes 4 1996 Ford Utility Truck 1 FTHX25HIVEA52787 5 1997 GMC Sevens Van 1GTHG35R3V1034278 6 1997 GMC Sierra Pick-up 1GTHK34R7VF012998 7 1998 Patch Truck 1HTSCAAN8WH550494 8 1998 Ford Wkndstar Van (1-8 Pass.) 2FMZA5145W8D50410 Yes 9 1999 Dodge Ram Truck (TCC) 3B7HC12YXXG187157 _ 10 1999 Chevy Pick -Up Truck ' 1GBGC24R3XR709218 11 1999 Chevy Pick-up 1GCGK29R7XF033885 12 1999 Dodge Ram Pick-up (FP) 3B7HC12Y8XG187158 13 2000 Dodge Pick-up 3B7HF12YXYG117182 14 2000 Ford F150 Pick-up 1FTRX18L3YKA37177 15 2001 Jeep Cherokee 1J4FF48S71L542308 18 2001 Ford Pick-up 1FTYR14U81PA39245 17 2001 Ford 550 (Utility Truck) (Med.) 1FDAF58F71 EA81705 18 2001 Ford 550 (Boom Truck) (Med.) 1FDAF56F81EA24722 Yes 19 2001 Chevy Pick-up 18CEK19V21E238554 20 2001 Ford Willy Truck (Med.) 1FDAF58F91E960874 Yes 21 2001 Dodge Durango (FP) 1B4HS28NX1F578823 _ 22 2002 Ford Ranger Pickup Truck (FP) 1FTYR14UX2PA21184 23 2002 Elec. GEM Vehicle (F) 5ASAK27452F031405 24 2002 Elec. GEM Vehicle (F) 5ASAG47472F023190 25 2002 Chevy Pick-up Truck 1GCGK13U32F142274 26 2002 Ford F150 Truck 1FTRX18W72NA62633 27 2002 Ford F150 Truck 1FTRX18W52NA62954 28 2002 Ford F550 (Med.) (Rescue) (F) 1FDAX56F92EB25749 Yes 4.0201114ps 1016 CITY OF TEMECULA Liability Vehicle Schedule (12-01-11/12 Renewal) w4811411 2 of 6 VEHICLE VtN ' PHYSICAL DAMAGE HAULS OTHERS 29 2002 Ford F150 Truck 1FTRW08682KB68781 30 2003 Ford Ranger Truck (FP) 1FTZR15E53PA58244 31 2003 Ford F150 Truck 1FTZR15E73PA56245 32 2003 Ford F150 Truck 2FTRX18W03CA32042 33 2003 Ford F150 Truck 2FTRX18W93CA32041 34 2003 Ford F550 Truck (Med.) 1FDAF58F23EA94199 Yes 35 2003 Ford F350 Van (9-20 Pass.) 1 FBSS31 LX3HA46533 Yes 36 2003 Ford F250 Truck (FP) 3FTNX21L03MB18876 37 2003 Chew CG33803 1G6JG31U831209119 38 2005 GMC Savanna Cargo Van 1GTHG35UX51183677 39 2003 Ford 550 (Med.) (Rescue) (F) 1FDAX58F03EB25804 Yes 40 2004 Ford Ranger 1FTZR15EX4PA26822 41 2004 Ford Ranger (FP) 1FTZR15E14PA28823 42 2004 Ford F150 Truck 1 FTRX14WX4NA82402 43 2004 Ford F150 Truck 1 FTRX14W84NA82401 44 2004 Toyota Prius (Hybrid) JTDK820U540077678 48 2004 KME Fire Aerial FT (F) K9AF42884N058774 Yes 46 2004 Intl Multipurpose Utility Truck (Med. Dump) 1HTWNAOT84J093129 Yes 47 2005 GMC Sierra 2500 (FP) 1GTHK29U35E223578 _ 48 2005 GMC Pick-up 1GTEC19V05Z230349 + 49 2005GMC Sierra 1500 1GTEC19V35Z228866 50 2005 Smeal Fire Engine (F) 4S7CT2D958C054456 Yes 51 2005 Chevy Impala 1 G 1 WF52E559203793 62 2005 Chevy Trailblazer 1 GNET16S456108449 53 2008 Freightliner Towing Truck (F) 1FVACWCS86HW91952 Yes 54 2006 Ford F-150 Truck 1 FTPX12508KC01905 55 2008 Ford F-550 Pick-up (yed.) 1FDAF58P58E020121 56 2006 Ford F-350 Pick-up 1 FDWX30536EB79936 57 2006 Ford Expedition 1FMPU16576LA25220 _ 58 2006 El Dorado 26 Passenger Bus (21-60 Pass.) 1GBG5V1E75F513455 Yes Yes 59 2008 Ford Ecoline Van (1-8 Pass.) 1FTRE14W080836806 Yes 60 2007 Ford F-150 Truck 1FTRX12W77FA29769 81 2007 Ford F-150 Truck _ 1 FTRX12W37FA32393 - 82 2007 Ford F150 Truck (Park Ranger) 1FTRX14W87NA26841 63 2007 Ford F250 Truck (FP) 1 FTSW21547E818523 64 2007 Ford F150 Truck (FP) 1 FTRX12W27NA28838 - 85 2007 Dodge Ram Truck (Land Dev) 1D7HU18N97J544861 86 2007 Dodge Ram Truck (Land Dev) 1 D7HU18NO7J544862 87 2007 Dodge Ram Truck (Land Dev) 1 D7HU18N27J544863 w4811411 2 of 6 CITY OF TEMECULA Liability Vehicle Schedule (12-01-11112 Renewal) VEHICLE VIN PHYSICAL DAMAGE HAULS OTHERS 68 2007 Dodge Ram Truck 107HU18N47J544884 69 2007 Harley Davidson Motorcycle (P) 1HDIFHM177Y683838 _ 70 2007 Ford Escape Hybrids (P) 1FMYU49H57KB87852 71 2007 Ford Escape Hybrids (P) 1FMYU49H77KB87853 72 2007 Ford Escape Hybrids (P) 1FMYU49HX7KB96546 73 2007 Ford F-150 Truck 1FTRX12W07NA28840 74 2007 Ford F350 Truck 1 FOWX36P57EB 18525 75 2007 Alec Aerial Boom Truck (Trafficl(Med.) 1GDG5C1G97F405242 Yes 76 , 2007 Ford F-150 Truck 1FTRX12W47NA28639 77 2008 Ford Ranger 1FTZR45E25PA43884 78 2008 Ford F150 Truck 1 FTPX14W88FA85176 79 2008 Ford F350 Utility Truck 1FDWX345X8ED09174 80 2008 Ford F350 Utthity Truck 1FDWX34588ED13286 81 2008 Ford F350 UtRIfty Truck 1FDWX30528EE41755 82 2008 Ford Expedition (FP) 1FMFK6548IA81345 83 2008 Harley Davidson Motorcycle (P) 1HDFHM188Y673859 84 2008 Honda Motorcycle (P) JH2SC51717M500039 85 2008 BMW Motorcyde (P) W8103880782112332 88 2009 Ford F250 Pick -Up (P) 1 FTSX20Y59EA01537 Yes 06,1011290 3of6 CITY OF TEMECULA Liability Vehicle Schedule (12-01-11/12 Renewal) TRAILERS 98 VEHICLE VIN PHYSICAL DAMAGE HAULS OTHERS 87 2009 Ford F-150 1FTRX12V09FA13200 88 2009 Hot Patch Truck 1HTWCAAR29J196473 Yes 89 2009 Honda Motorcycle (P) JH2SC51789K600413 90 2009 Honda Motorcycle (P) JH2SC51719K600842 91 2009 Honda Motorcycle (P) JH2SC51789K600837 Yes 92 2009 Honda Motorcycle (P) JH2SC51749K600835 93 2009 Honda Motorcycle (P) JH2XC51769K600636 94 2011 Honda Motorcycle P) JH2SC5176BK700192 95 2011 Honda Motorcycle P) JH2SC5178BK700175 _ 98 2011 Honda Motorcycle P) JH2SC5170BK700169 _ 97 2011 Honda Motorcycle P) JH2SC5170BK700172 _ TRAILERS 98 1991 Big TX Trailer 16VAX1020MIC14047 99 1992 Arrow Board Trailer 9891 100 1993 Hydro Utility Trailer 1H9BCP187P1120905 101 1993 Flatbed Trailer (City Float) 13AH13203PC768415 102 1994 Kustom Signals Radar Trailer (P) 1K9BS0811RK118177 103 1997 Eagle Command Post Trailer (P) 1U9T10P20V1015022 Yes 104 1997 Texas Bragg Utility Trailer 17XFP1223V1970250 105 1997 Texas Bragg Utility Trailer (P) 17XFP1822V19738B3 108 1997 Pace American Cargo Trailer (P) 4P2F130819W008254 107 1997 Big TX Trailer 18VPX1825V1E9300 _ _ 108 1998 Kendon Motorcycle Trailer (P) 4G4480811WA000711 _ 109 1998 Wells Cargo Shelter Trailer (EOC) 1WC200E17W1002027 _ 110 1999 Wanco Arrow Board Trailer 1W9131019X1249338 111 1999 Wanco Arrow Board Trailer 1W9151011X1249332 112 2000 Hydro Trailer/Sandblaster 1H9CSC251Y1120390 _ 113 2001 Deman Trailer & Vibratory Roller 1ZCT20E201ZP23812 114 2003 SMART Trailer (P) 1 K9B308133K118043 115 2004 Interstate ATV Trailer (P) 4RACS18214K004152 116 2004 Victor Trailer (F) 1V9EN22444C084086 _ 117 2004 Charm= Cargo Trailer (F) 4RYC322094T110951 Yes 118 2004 Interstate ATV Trailer (P) 4RACS18214K004410 _ - 119 2005 Zeman Carrier Backhoe Trailer 1ZCE34E2X5ZP26052 120 2005 Radar Trailer (P) 1K9BM11124G118033 _ 121 2005 Carson Trailer 4HXRC16225C097897 122 2006 Magnum Light Tower Trailer 5AJLS16188B004887 123 2006 Mogen Light Trailer (P) 5AJLS161X6BC04888 124 2008 PACE Trailer (Posse) (P) 4P2FB10158U075137 125 2006 Pacific Boat Trailer 40R1A113836A024706 126 2007 Solar Tech Message Board Trailer 4GM1M091371453371 127 2007 PACE Trailer 4P2F812107U085413 i 4 of 6 CITY OF TEMECULA Liability Vehicle Schedule (12-01-11/12 Renewal) 04120112m 5 of 6 VEHICLE VIN PHYSICAL DAMAGE HAULS OTHERS 128 2007 Interstate Trailer (F) 4RACS12297K016799 129 2008 Carson Themiaplastic Trailer 4HXSU12168C134420 130 2008 Zleman Trailer 1ZCE19E2X8ZP28102 131 2008 Haulmark Trailer 1GH1981268A026471 04120112m 5 of 6 CITY OF TEMECULA Liability Vehicle Schedule (12-01-11112 Renewal) Miscellaneous Rol 138 VEHICLE VIN PHYSICAL DAMAGE HAULS OTHERS 132 2010 Haulmark Trailer 16HPB1425AA035534 a 133 2010 Haulmark Trailer 16HPB1422AA038043 Yes 134 2011 Wells Fargo Trailer (F) 1WF200F2187039837 135 2011 Hautmark Trailer (19 To Follow Yes 138 2011 Haulmark Trailer (F) To Follow Yes 137 2011 Triple L Flatbed Trailer 5DYAA72L3BC005089 Miscellaneous Rol 138 1997 Honda ATV (P) 478TE 1406VA807745 139 1997 Honda ATV fP) 478TEt400VA807742 a 140 Cushman 4 Wheel Truckster 1CUNH2227PL000708 Yes _ 141 2001 Kawasaki Utility Vehicle (Mule) JK1AFCG1518501159 142 2004 Kawasaki ATV (P) JKSVFJC1X4B501587 _ 143 2004 Kawasaki ATV (P) JKSVFJC124B503124 144 2006 Segway (P) 2211021446 145 2008 Segway (P) 2211021439 146 2008 Segway (P) 2211021445 147 2008 Segway (P) 2211021437 _ _148 2008 Segway IP) 52231014433 _ 149 2006 Sepway (P) 52451017629 150 2008 Segway (P) 62241021797 151 2007 Bobcat Utility Vehicle A59Z160329032007 152 2007 Kawasaki Ulf ity Vehicle (Mule) (P) JK1AFCJ12713510B76 Yes 153 2007 Kawasaki Utility Vehicle (Mule) (P) 1JK1AFCJ137B510945 Yes se= RN 6of6 Travelers Loss Runs 4t71 Lai J W 1— d 5 ck 00 • 01 g ▪ n W .— H� .Q O z o0S SSS Sgg wwe0n 8218Sag p00000 0 0 0 e78S � V V) 0ww 388 888 Pica $ e(I V) VV) 0 c' • U •O1 .0. E 0 -J ,76 Subtotals for SubUna of Insurance : ALBI Total Claim Count:1 888 gUiw R088 acid QOQ bOb O 888. $SS 888 000 0 0 Subtotals for Subline of Insurance : OTC SSo coo 0 0 3 wen Subtotals for Policy Year : 2007 008 ggg 0 0 0 SSS Sg0 =a3 Total Claim Count 2 Subtotals for Line of Insurance : AL 888 ggg SSS w U) W 888 000 onww Total Claim Count: 2 Policy Year 2007 Subllne of Insurance: GLBI W 47.1 Ct .J W CCH 0 u w -o U O 0 i� U 0 ti 1)z m • 7 4 11111111 a Lt 0 v 0 0 0 E N U 0 ro 888 Q Q N N N pIAp p$p$ Vl N i � ./ dGfeQ, N 4 V 111 wVPN ��V►A N 000 0000 0$CpC�p VO VI VVI e9 r�N 5'010 u► 000 $p0p0p 800 W hN ass Co C0 U) id In h N as $0gp 888 W to 10Vl U f310 �ttpp7 0 /R VI VI U 0 0 g2g k g, Via$ v+ t 0 w i i 0 i- Z VwI. az 0 1: 00U g� 0 0 7.F w z 8 ti w CL mZ ,.� 0 L $ .-0 'w a 8 �' 0 E. 8I g w 20 V z U 5a 54: U w 12 Ai Aa w w [ EZ ix 0 a a 0 II z ' lE z °2 i V r a▪ ),...fi I chi,1E cH3 Sd 21 00p0 000 to In Subtotals for Subtino of Insurance : GLIM 888 8810 Nest` N N sop 0 W tvg Baa Total Claim Count: 3 Subtotals for Policy Year : 2007 Total Clalm Count: 3 Policy Year: 2008 8p88 101010 888 N N in 888 888 g66En404040 000 N N N 00p88�.I Nut c9 S82 SSS Sign asa U 0U-6411 .0.0� .a��nn iv 0 0 5 }- O g 1 0. Y Q Q to agZS e ra IL. o O 5 1- 8o §Cf na Sp 80 w a 3 o aN 4I- <0 Z 0 U w w Q. n. fn n a w i ~ V zo (9 w c 2 ww 2 it ig Z 0 U a� NN 0 5 Y p2_ 2 Oa N 1 a Run Date: 09126/2011 0 0 8 TRAVELERS 8 O • 01 W 15 • L 03 • Za 0v3 p%pp F4 r 9 pp p pp pp 888 p R R R 88.8. GOO 0 0 O O$ O 8 8 8 ass assaw asst sag gag 00D0 000 000 000 000 000 888 $80 N irA trA N $80 8.88 88$ 888 888. OC8 y^ 888 8.88. 8. 0 0 888 W ✓ w r r a s a S ti R S S tftS2 W N w w w O 0 0 0 214EV =888 3 e8 k88 gab 3 G O O 2 LOQ Y • i 0 0 0 o .- o q0� 0 r r o Q O - P 1 U. tn , W w $ 0 0 a a LL * v z §° 5. No y� a g �illo P a 0 g g il .5 ; of z Z > w Z uuii a • ¢ 7 O Z a J.a 51 Jo ceo Jm iii i 0 A 2 ,4 ag ? g 65 a 6 a a Z 20 ag 0 U x d 3 oa W H , : iho Age _ Ngo Eg2W 01 g & ).2"; `�� oul wl .1i' • d v�• `° aaad 80 *0 Subtotals for Subllne of Insurance : GLIA Total Claim Count: 7 888 19 w 888. / Es J 06 z w L 5 OE 0 K E Wa U is 4171 W U_ 0 m 0 N • a U a, TO 0• w 0 z u_ O n COU Subtotals for Subline of Insurance : GLPD 000 eaa 000 N N tn O 0 .- Vvim N VI 4499 to 000 Q W0 t09 888 888 �8Qo$ ulKi tsr w N 888 08.0 81' A 8 sg3 =ka Total Claim Count 1 a 2 a Total Claim Count: 8 Subtotals for Ltne of tnsuranco : GL Total Claim Count: 11 Policy Year: 2007 000 N W IQ/) 88.8 888 -▪ 0- .-D^ h N in a 88 8s.q V V) h N 5 Subtotals for Subline of Insurance : HIPEO teol Total Claim Count 1 888 N VV))W 888. 000 U g5CS 0 0 0o 0 N } 5u.J u. o gm la C7 Kgz } 4 M triN Y. `O • c co co a g Losses as of: 08124/2011 • •I '1 1 II' • -/ '/201 [Detail Loss Re or m V CI) 888 M W g 888 $$g O O O Bag kag gag Carl Warren 3rd Party Administrator Loss Runs for claims under Self -Insured Retention 1¢is - c �.37�gai3 YlvLi�i 3737t 3737371111411 3713737373 13714: 3pslscsi.oc3plaspl. sassi ; :: i; •:s g 1A 116191Ss3ta. l; 133792ly 3aa4;A a3!ta p373 1- at337%tt;aaasvissv1373737 C azszapassa• .A27.*4 C1: ,jz 1Y37ii11111:11874373&111 121:;1ii_af jia iN,7.jA7i7ifiFa Ca'Gr a 370371378'1L1337*3;33717aalgasssta,1=2.;71 1'a121437ta 12fg 37t$18stt'-LL 3737 3737 1113Ff71&'i73Fip37�.aiJ37337i7 lQfRafipf3fQ251a 2.37 of'•3'),11iii1iiaadi; 7i.737*3712373712t813713737 irmaploiFItsisgsso 3721111373711*z 373737 137117! 37 37 37p1p37a16'tjln.3737 * ]GiYsiipipipsaia2SiP16i 4!9371171163791813372/9191 a1212122$essi2-sa:1aQa QI3711*3lt 31 s Asa i l'17t329a Q1,* 3737*73713111 371*13711137.37 :51:25t11::=1:11::5 • 'L 1GJP'1glstall lat0IP/Ri4111I371P1v143751=L4t17LtelS22t 37133213*0111*1 ;ap": 17 *.22222125222222222 222Y2c1a2FSQ2.1 :au} 1.-4Z.i3•21Jl3a31*ail..• 37 t1� 37 • .13714797o t* 373137l{{37al 37371437q *837 3 3737.31 !3 37373Qtr37 F1J33*Aa'.11,M1t1sp13737 1a1L 137111 s,1s a 37137]:1137 22*41910* •37!137■ 23.1. 2ai3373,ii_i0 tt[ 13737 18181i111I3737373791a*37111**9 372[63613713711.*7* i 181[ 37 S 161113711'30137[1* J's 313737.3713737aiiipa23Ys1316pa12Qi531]F1Q-113Qap3aa2237sY1 373111,1lRS$10137 60011 ii i -e_ i6 r 5;:371 ir:37 EEFi 'cs5:'. iii3711111.51 5: 373!(1...l .��t..g.rirr�•,+aa+tt�.��•}j ;1171;1111117177131111. 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It: r t F a t'!p, ! : E•�Y: !�717tp 1.7171.7119171717117117174.9171: y 719 : f d i 1 L",f e' 1711 1::7 11 ir;F 4•.5.:5ta( e. t 71'71 d i J t 1. 1: ■ 1:: TERRORISM Acceptance/Rejection Forms TRAVELERS J Entity Name: Agency: Account Executive: effGodwin,AU,ARM,CPCI Fax Number: Terrorism Risk Insurance Act of 2002 Disclosure City of Temecula Brown and Brown of CA 651-310-5383 State: CA On December 26, 2007, the President of the United States signed into law amendments to the Terrorism Risk Insurance Act of 2002 (the "Act"), which, among other things, extend the Act and expand its scope. The Act establishes a program under which the Federal Government may partially reimburse "Insured Losses" (as defined in the Act) caused by "acts of terrorism". An "act of terrorism" is defined in Section 1 02(1) of the Act to mean any act that is certified by the Secretary of the Treasury — in concurrence with the Secretary of State and the Attorney General of the United States — to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States Mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. The Federal Government's share of compensation for Insured Losses is 85% of the amount of Insured Losses in excess of each Insurer's statutorily established deductible, subject to the "Program Trigger", (as defined in the Act). In no event, however, will the Federal Government or any Insurer be required to pay any portion of the amount of aggregate Insured Losses occurring in any one year that exceeds $100,000,000,000, provided that such Insurer has met its deductible. If aggregate Insured Losses exceed $100,000,000,000 in any one year, your coverage may therefore be reduced. The charge for insured Losses for coverages other than workers' compensation are automatically provided at the additional premiums shown below. The charge for this exposure for workers' compensation is an additional premium, which is reflected separately within this proposal. The charge for each coverage does not include any charge for the portion of losses covered by the Federal Government under the Act. Coverage Included Charge For Insured Losses Property 3% of the total Property Coverage premium. Inland Marine 1% of the applicable premium. Workers' Compensation See workers compensation premium schedule. Note — terrorism premium charges are subject to change at any time based on state regulatory action. All other coverages subject to TRIA I% of the applicable premium. •/;tt•f.ri /,; .IRONSHORE your safe harbour., Re: City of Temecula To: Brown & Brown of California, Inc. Follow Form Excess Liability Quotation 1 - $5Mi bion Limit November 2"fd, 2011 OFFEREE DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that, under the Terrorism Risk Insurance Act of 2002 (the "Act") effective November 26, 2002, we are making available to you insurance for losses arising out of certain acts of international terrorism. The policy you are purchasing already includes insurance for such acts. Terrorism is defined as any act certified by the Secretary of the Treasury, in concurrence with the Secretary of State and Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States Mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. You should know that the insurance provided by your policy for losses caused by acts of terrorism is partially reimbursed by the United States under the formula set forth in the Act. Under this formula, the United States pays 85% of covered terrorism losses that exceed the statutorily established deductible to be paid by the insurance company providing the coverage. The portion of the offered policy's annual premium that is attributable to insurance for acts of terrorism is: $400.00 (Optional) Page: 4 of 5 P.,. 610' I RONSHOIZI: your safe harhourm Re: City of Temecula To: Brown & Brown of California, Inc. Follow Form Excess Liability Quotation 1 - $5Miiiion Limit November 21; 2011 POLICYHOLDER DISCLOSURE STATEMENT UNDER TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that under the federal Terrorism Risk Insurance Act of 2002 (the "Act") effective November 26, 2002, you now have a right to purchase insurance coverage for losses arising out of an Act of Terrorism, which is defined in the Act as an act certified by the Secretary of the Treasury (i) to be an act of terrorism, (ii) to be a violent act or an act that is dangerous to (A) human life; (B) property or (C) infrastructure, (iii) to have resulted in damage within the United States, or outside of the United States in case of an air carrier or vessel or the premises of a U.S. mission and (iv) to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. You should read the Act for a complete description of its coverage. The Secretary's decision to certify or not to certify an event as an Act of Terrorism and thus covered by this law is final and not subject to review. There is a $50 billion dollar annual cap on all losses resulting from Acts of Terrorism above which no coverage will be provided under this policy and under the Act unless Congress makes some other determination. For your information, coverage provided by this policy for losses caused by an Act of Terrorism may be partially reimbursed by the United States under a formula established by the Act. Under this formula the United States pays 85% of terrorism losses covered by this law exceeding a statutorily established deductible that must be met by the insurer, and which deductible is based on a percentage of the insurer's direct earned premiums for the year preceding the Act of Terrorism. Unless you sign this form and return it to us rejecting Terrorism Coverage under the Federal Act, you will be covered for Terrorism as defined in the Act and your premium for that coverage is $400.00 I hereby reject coverage in accordance with the Act. Signature of Insured Print Name/Title Date: Insured Name: Policy Form: Tab: Submission: Policy Period: From If you have any questions about this notice, please contact your agent or broker. Page: 5 of 5 IRONSI-IORF yoursafc harbour'. Re: City of Temecula To: Brown & Brown of California, Inc, Follow Form Excess Liability Ouotation 2 - $10114i//ion Limit November 2id 2011 POLICYHOLDER DISCLOSURE STATEMENT UNDER TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that under the federal Terrorism Risk Insurance Act of 2002 (the "Act") effective November 26, 2002, you now have a right to purchase insurance coverage for losses arising out of an Act of Terrorism, which is defined in the Act as an act certified by the Secretary of the Treasury (i) to be an act of terrorism, (ii) to be a violent act or an act that is dangerous to (A) human life; (B) property or (C) infrastructure, (iii) to have resulted in damage within the United States, or outside of the United States in case of an air carrier or vessel or the premises of a U.S. mission and (iv) to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. You should read the Act for a complete description of its coverage. The Secretary's decision to certify or not to certify an event as an Act of Terrorism and thus covered by this law is final and not subject to review. There is a $50 billion dollar annual cap on all losses resulting from Acts of Terrorism above which no coverage will be provided under this policy and under the Act unless Congress makes some other determination. For your information, coverage provided by this policy for losses caused by an Act of Terrorism may be partially reimbursed by the United States under a formula established by the Act. Under this formula the United States pays 85% of terrorism losses covered by this law exceeding a statutorily established deductible that must be met by the insurer, and which deductible is based on a percentage of the insurer's direct earned premiums for the year preceding the Act of Terrorism. Unless you sign this form and return it to us rejecting Terrorism Coverage under the Federal Act, you will be covered for Terrorism as defined in the Act and your premium for that coverage is $600.00 I hereby reject coverage in accordance with the Act. Signature of Insured Print Name/Title Date: Insured Name: Policy Form: Tab: Submission: Policy Period: From If you have any questions about this notice, please contact your agent or broker. Page: 5 of 5 1 :.,.o. • ' l:.v•,,.. !'.,. • I RONSI iOIZL: your safe harbour' Re: City of Temecula To: Brown & Brown of California, Inc Follow Form Excess liability Quotation 2 - $10MII/ion Limit November 21(1, 2011 OFFEREE DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that, under the Terrorism Risk insurance Act of 2002 (the "Act") effective November 26, 2002, we are making available to you insurance for losses arising out of certain acts of intemational terrorism. The policy you are purchasing already includes insurance for such acts. Terrorism is defined as any act certified by the Secretary of the Treasury, in concurrence with the Secretary of State and Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States Mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. You should know that the insurance provided by your policy for losses caused by acts of terrorism is partially reimbursed by the United States under the formula set forth in the Act. Under this formula, the United States pays 85% of covered terrorism losses that exceed the statutorily established deductible to be paid by the insurance company providing the coverage. The portion of the offered policy's annual premium that is attributable to insurance for acts of terrorism is: $600.00 (Optional) Page: 4 of 5 DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE November 3, 2011 To Whom It May Concern: We arc required to send you this notice pursuant to federal legislation concerning terrorism insurance. You arc hereby notified that under the Terrorism Risk Insurance Act, as amended, that you have a right to purchase insurance coverage for losses resulting from acts of Terrorism, as defined in Section 102(1) of the Act: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury ---in concurrence with the Secretary of State, and the Attorney General of the United States—to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission: and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE. SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85% OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE_ THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SIIOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS MO BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY BE REDUCED. SELECTION OR REJECTION OF TERRORISA1 INSI PRANCE COVERAGE PLEASE "X" ONE OF THE BOXES BEIAW AND TAKE THE ACTION INDICATED. 1 herby elect to purchase the Terrorism Coverage required to be offered under TRIPRA fora premium of $710 (plus applicable taxes and fees). Action: Please sign and return this form with your payment for premium to your insurance agent. 1 decline to purchase the Terrorism Coverage required to be offered under TRIPRA. Action: Please sign and return this form to your insurance agent. x Date: x Policy Holder / Applicant's Signature Print Name Insured: City of Temecula, CA Page 4 of 4 Item No. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: November 22, 2011 SUBJECT: Acceptance of Implementation and Notice of Completion for the Citywide Adaptive Traffic Signal Synchronization System, Phase I and Phase II, Project No. PW10-06 PREPARED BY: Jerry Gonzalez, Associate Engineer - Traffic RECOMMENDATION: That the City Council: 1. Accept the Implementation of the Citywide Adaptive Traffic Signal Synchronization System, Phase I and Phase II, Project No. PW10-06, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion. BACKGROUND: On August 10, 2010, the City Council approved the Purchase and Installation Agreement with McCain, Inc., in the amount of $795,984.00 to implement the Citywide Adaptive Traffic Signal Synchronization System, Phase I and Phase II, Project No. PW10-06. The project includes the installation of traffic signal hardware and software to support the adaptive system, data collection, development and implementation of traffic signal timing plans, evaluation of system performance on Winchester Road, Rancho California Road, Temecula Parkway, Margarita Road, Jefferson Avenue, Ynez Road, and Pechanga Parkway, and preparation of a Final Report documenting the results achieved by the implementation of adaptive traffic signal timing. The Final Report includes an evaluation of performance measures of "before" and "after" conditions on the seven (7) arterials. The evaluation indicates the adaptive traffic signal timing achieved the following system wide results: • 14% reduction in travel time • 17% improvement to travel speeds • 29% reduction in the number of vehicular stops • Annual savings of 112,000 gallons of fuel • Annual savings of $437,000 in fuel costs • Annual reduction of 14,000 lbs. of emissions A copy of the Final Report, dated August 2011, is attached for your reference. The project's funding is supported by the State of California's Proposition 1 B, Traffic Light Synchronization Program (TLSP) and the Department of Energy's Energy Efficiency and Conservation Block Grant (EECBG) program. The TLSP grant funding is approximately $515,000 with a City match of $103,000. The EECBG funding is approximately $250,000 with a City match of $58,265. McCain, Inc. has completed the work in accordance with the project proposal's scope of services, the terms of the Purchase and Installation Agreement, and to the satisfaction of the Director of Public Works/City Engineer. FISCAL IMPACT: The Citywide Adaptive Traffic Signal Synchronization System project is included in the Capital Improvement Program FY2010-2014. The amount of the base contract for the project was $795,984. There were four (4) approved contract change orders totaling $8,225.46, which increased the contract amount to $804,209.46. ATTACHMENTS: 1. Notice of Completion 2. Adaptive Traffic Control System Design Final Report RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 41000 Main Street Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Purchase and Installation Agreement between the City of Temecula and McCain, Inc., 2365 Oak Ridge Way, Vista, California 92081 to perform the following work: Implementation of the Citywide Adaptive Traffic Signal Synchronization System, Phase I and Phase II, Project No. PW10-06 4. Said work was completed by said company in accordance with the project proposal's scope of services, the terms of the Purchase and Installation Agreement, and to the satisfaction of the Director of Public Works/City Engineer of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on November 22, 2011. That upon said contract The Guarantee Company of North America USA, 1800 Sutter Street, Suite 880, Concord, CA 94520 was surety for the bond given by the said company as required by law. 5. The property on which said work was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Implementation of the Citywide Adaptive Traffic Signal Synchronization System, Phase I and Phase II, Prosect No. PW10-06 Dated at Temecula, California, this 22nd day of November, 2011 of Council Meeting. City of Temecula Susan W. Jones MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Susan W. Jones MMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 22nd day of November, 2011 of Council Meeting. City of Temecula Susan W. Jones MMC, City Clerk •••••s•••••••••s••••••••••••••••••••••••••i 11009.00•80110011••0•0•0•1111•00000090000•900•••• KENNEY ENGINEERING August 18, 2011 Mr. Jerry Gonzalez Associate Engineer — Traffic City of Temecula Department of Public Works 41000 Main Street Temecula, CA 92592 SUBJECT: Cover Letter - City of Temecula Traffic Adaptive Signal Timing Project Dear Mr. Gonzalez, Attached is the Final Report for The City of Temecula Traffic Adaptive Signal Timing Project. This report has been prepared in accordance with the Codes of Professional Conduct for Professional Engineering and Professional Land Surveying as codified in Title 16, California Code of Regulations section 400, et seq. as adopted by the Board for Professional Engineers, Land Surveyors and Geologists July 4, 2003. Thank you for the opportunity to prepare the report. Sincerely, KENNEY ENGINEERING Gy\,, Michael L. Kenney, P.E., T.E. President Kenney Engineering 6151 Madeline Street San Diego, CA 92115 Attachment: Final Report - City of Temecula Traffic Adaptive Signal Timing Project Adaptive Trac Control System Design and Implementation Project Final Report • •••••••••••••••••••••••••••••••••••••••••••• K OMB KENNEY ENGINEERING LIST OF PROJECT PARTICIPANTS Kenney Engineering sincerely thanks the following participants for their contribution and support of this project. City of Temecula City Council Members Mayor Ron Roberts Mayor Pro -Tem Chuck Washington Council Member Jeff Comerchero Council Member Maryann Edwards Council Member Michael S. Naggar City of Temecula Staff Greg Butler, Director of Public Works / City Engineer Mr. Jerry Gonzalez, Associate Engineer — Traffic Mr. Art Pina, Junior Engineer Mr. Richard Uribe, Senior Signal Technician McCain Inc. Mr. Brian Wagner Mr. Luke Baker Ms. Lakshmi Kurada TDSSW, Inc. Mr. Martin Parish REK Consulting Ms. Beth Kassebaum Adaptive Traffic Control System Design and Implementation Project Final Report •••••••••••••••••OOOSOSO000••••••••••••••••• Table of Contents K_ KENNEY ENGINEERING Table of Contents 4 Figures 5 Tables 5 Corridor Binders — Supportive Data Sections (Bound Separately) 5 Executive Summary 6 Objective 6 Study Area 6 Goal 7 Project Methodology 7 Project Results 7 Recommendations 7 Introduction 9 Project Objectives and Description 9 Data Collection 18 Peak Hour Turning Movement Counts 18 Corridor Travel Time Runs 18 Signal Timing Analysis 18 Traffic Signal Timing Optimization 18 Traffic Adaptive Program 20 Before and After Study Results 21 Congestion and Delay 21 Travel Time, Speed, and Number of Stops 21 Emissions and Fuel Consumption Reductions 22 Return on Investment 25 Summary and Conclusions 26 Appendix A — QuicTRAC Theory of Operations 28 Traffic Adaptive Strategic Functions 28 • Traffic Adaptive Tactical Functions 29 Adaptive Traffic Control System Design and Implementation Project Final Report 8.•.......•••••••••••••••••••••••••••••••••• KENNEY ENGINEERING Cycle Length and Split Determination 30frAIO Offset Adjust 32 Adaptive Control Schedule 32 Appendix B - LOS Analysis Results 37 Appendix C - Travel Time Graphs 39 Appendix D — Average Speed Graphs 40 Appendix E — Number of Stops Graphs 41 Figures Figure 1 - Project Arterial Map 10 Figure 2 - Winchester Road Intersection Location Map 11 Figure 3 - Temecula Parkway Intersection Location Map 12 Figure 4 - Rancho California Road Intersection Location Map 13 Figure 5 - Margarita Road Intersection Location Map 14 Figure 6 - Pechanga Parkway Intersection Location Map 15 Figure 7 - Ynez Road Intersection Location Map 16 Figure 8 - Jefferson Intersection Location Map 17 Figure 9 - Coordination Pattern for Winchester Road I-15 Interchange 26 Figure 10 - Jefferson Corridor - Real Time Cycle Length and Volume Comparison 33 Figure 11 - Pechanga Corridor - Real Time Cycle Length and Volume Comparison 34 Figure 12 - Margarita Corridor - Real Time Cycle Length and Volume Comparison 35 Figure 13 - Ynez Corridor - Real Time Cycle Length and Volume Comparison 36 Tables Table 1 - Coordinated Cycle Lengths 19 Table 2 - Resulting Improvements by Corridor 22 Table 3 - Project Measures of Effectiveness 24 Table 4 - LOS Before -After Comparison 37 Corridor Binders - Supportive Data Sections (Bound Separately) Binder 1. Winchester Road Appendix F Binder 2. Temecula Parkway Appendix G Binder 3. Rancho California Road Appendix H Binder 4. Margarita Road Appendix I Binder 5. Pechanga Parkway Appendix J Binder 6. Ynez Road Appendix K Binder 7. Jefferson Road Appendix J Adaptive Traffic Control System Design and Implementation Project Final Report •••••••••00111160•••••••••••41•••••••••••••00•9 KENNEY ENGINEERING Executive Summary Objective The primary objective of this project is to improve quality of life for the residents of Temecula by reducing commute times and reducing smog producing vehicle emissions. Secondary objectives include savings on fuel costs and improved public safety. To accomplish this objective, peak performance and efficiency will be obtained from The City of Temecula's traffic signal system. The study area includes seven (7) major arterials encompassing eighty three (83) signalized intersections. The project incorporates the latest traffic signal hardware and software traffic adaptive technology, as well as updates the signal timing to reflect current traffic volumes and patterns. With the completion of this project, the efficiency of the traffic signals in The City of Temecula has been greatly increased. The unique aspect of this signal timing project is the inclusion of the QuicTRAC traffic adaptive software component. Traditional traffic signal timing is a rigid format based on fixed values output for a fixed period of time. The plans are based on traffic volume data collected for a few days and are seldom updated. The traffic adaptive software monitors the traffic volumes and speeds of vehicles in real time and adjusts the parameters continuously. The result is signal timing that is constantly being updated and can respond to variations in traffic. The goal of QuicTRAC implementation is to provide an adaptive solution that can utilize the city's existing detection, controllers and central system while providing a system that is effective, easy to understand and simple to setup and maintain. The project is funded in part by the Department of Energy's (DOE) Energy Efficiency and Conservation Block Grant (EECBG) Program as well as the State of California's Traffic Light Synchronization Program (TLSP). Both programs require that the project report the reduction in emissions associated with the reduced traffic congestion. Study Area Seven (7) arterial roadways with eighty three (83) individual traffic signals are included in the project. Winchester Road, Rancho California Road and Temecula Parkway are the east/west arterials. Jefferson Avenue, Ynez Avenue, Margarita Road and Pechanga Parkway are the north/south arterials. The seven (7) Caltrans controlled traffic signals located at the I-15 freeway ramp intersections are also included in the eighty three (83) signals. The improvement of these signals proved to be one of the most challenging aspects of the project. Adaptive Traffic Control System Design and Implementation Project Final Report s••••••••••••••••••••••••••••••••••••••••••• • KENNEY ▪ ENGINEERING Goal The goal of the project is to reduce travel times, reduce the number of stops, and increase average vehicle speeds on City of Temecula Roadways. At the intersections of City roadways and the I-15 ramps, the goal is to improve interchange operations and interchange safety by establishing yellow yield or one-way communication with Caltrans signals. Project Methodology To develop, implement, and maintain coordination timing at the eighty three (83) signalized intersections, the following project tasks were completed: • Split out existing advanced loops for better data collection • Upgrade the 170 controller firmware to the 233MC1 adaptive program • Update the central system software in the City's Traffic Management Center (TMC) • Install and implement McCain's QuicTRAC software • Collect traffic volume data • Conduct "before" field evaluations • Implement new traffic signal timing plans • Conduct field review and fine-tuning of traffic plans • Conduct "after" field evaluations Project Results Once infrastructure improvements were in place, the newly engineered coordination signal timing plans were implemented and fine-tuned. These plans serve as base plans for the adaptive operation. These adaptive plans were then implemented by a central schedule. Performance measures for the "after" conditions were compared with those for "before" conditions. Improvements varied on an arterial -by -arterial basis, but system -wide the following improvements were achieved: • 14% reduction in travel time • 17% improvement in speed • 29% reduction in number of stops • 112,000 gallons of gasoline saved annually • $437,000 in fuel costs saved annually • 14,000 lbs. of emissions reduced annually Recommendations Based on the project team's work and observations, the following recommendations are offered: • Include the three (3) Caltrans operated signals on Winchester Road; Willows Avenue, Winchester Square Drive and Murrieta Hot Springs Road, in the Winchester Corridor timing plan. Adaptive Traffic Control System Design and Implementation Project Final Report • • KENNEY ▪ ENGINEERING • • • Take full advantage of the real time data associated with the Traffic Adaptive • Technology. Tabulate the cycle lengths and splits for regular evaluation of the traffic signal timing parameters. • • • Work with Caltrans to install queue detection hardware on the 1-15 mainline lanes to minimize standing queues on the freeway near the off -ramps. Develop traffic signal • timing methodology to `flush' traffic off the ramps when standing queues are detected. • • Maintain the City's commitment to signal improvements, such as the Date Street • interchange and the western Bypass to further increasing mobility throughout The City of • Temecula. • • Pursue the transfer of operations and control of the six (6) I-15 interchange ramp signals • and the intersection of Beford Court/Temecula Parkway from Caltrans control to City of • Temecula control. Although the existing "Yellow Yield" operation works well, in order to better coordinate the East/West arterials it would be advisable to replace the controller • software at the ramp signals with the McCain 2033 software. This software is • QuicTRAC-compatible and will allow the Caltrans signals to run the same adaptive • cycle as the rest of the corridor without relying on the Yellow Yield operation. In addition, it will allow the city to bring the signals online in the city's QuicNet system and • observe the operation from the City's Traffic Operations Center (TOC). • • Pursue with Caltrans the removal of the legacy No -Right -Turn -On -Red restriction at the • intersection the I-15 Northbound off -ramp and Temecula Parkway. This restriction was in • place prior to the roadway widening improvements on Temecula Parkway. • • • • • • • • • • • • • • • • • • • • Adaptive Traffic Control System Design and Implementation Project Final Report 1111 t•••••...•.••••••••••••••••••••••••••••••••• K. KENNEY ENGINEERING Introduction The Adaptive Traffic Control and Implementation Project provides The City of Temecula with / / the most advanced tools for managing traffic flow. The software and hardware installed are capable of monitoring traffic condition in the field instantaneously relaying that data back to the City Traffic Operations Center. The system servers evaluate the data and adjust the signals responding immediately to the changing traffic patterns. The traffic signals quickly respond to commuter traffic, school traffic, midday shopping traffic, construction activity, fire trucks, and other events that affect traffic. Seven (7) primary arterials comprise the project scope. These arterials are the roadways which connect the City's residential communities to commercial districts, institutions and most importantly, the freeway system. The roadways are Winchester Road, Rancho California Road, Temecula Parkway, Pechanga Parkway, Jefferson Avenue, Ynez Avenue and Margarita Parkway. Eighty three (83) signals are involved. All of these signals have been upgraded to the 233MC1 local intersection control program using the existing 170 controllers. The existing advanced loops that were tied together on one input were separated by lane to gather more accurate data. These system detectors are capable of detecting approach speeds and traffic volume, a necessity for the Traffic Adaptive software. Various upgrades to the cabling between the signals were installed where communications required it. Traffic volume data or counts were collected during the AM and PM peak hours at all of the intersections. This data is analyzed to provide the basic or background timing parameters. These parameters serve to establish a starting point, as well as minimums and maximums, for the adaptive plans. Project Objectives and Description The objectives of this signal timing project are similar to all signal timing projects; to reduce travel times, reduce the stops, increase speeds, while also providing improved access to and from the I-15 freeway interchanges. The goal of the project is to reduce travel times and number of stops, and increase average speeds along the coordinated routes, through establishing yellow yield or one-way communication with Caltrans signals, while also providing enhanced access to freeway interchanges. This project has the added objective of implementing the Traffic Adaptive Element of the project in a way that's simple and manageable. As this is a system that is constantly changing, careful monitoring of the system is required to ensure its peak performance. One of the objectives is to engineer creative ways to prevent vehicle queues from extending back onto the mainline freeway at the freeway off -ramps. Traffic signals are primarily instruments of public safety and steps that can be taken to reduce queuing onto the freeway will serve the goal. Figure 1 shows the locations of the arterials and Figures 2 through 8 show the individual signal locations. Adaptive Traffic Control System Design and Implementation Project Final Report Figure 1 - Project Arterial Map KENNEY ENGINEERING Winchester Road Ynez Road MargaritaRoad Jefferson Avenue Rancho California Road Temecula Parkway Pechanga .007 Parkway Adaptive Traffic Control System Design and Implementation Project Final Report ••0.61100•101100011••••••••••••••••••00•090••••• K. KENNEY ENGINEERING Diaz Road Enterprise Circle West Jefferson Avenue -15 SB Off ramp I-15NB Off ramp Ynez Road Promenade Mall West Promenade Mall East Margarita Road Roripaugh Road Nicolas Road Figure 2 - Winchester Road Intersection Location Map Adaptive Trafc Control System Design and Implementation Project Final Report ENGINEERING • C KENNEY • • • • • • ;. • f �'! • * Old Town Front Street • � ss r 'r 1 x t w� � t � ' '� +fit ;.'�;- -`!} -,j• : ,. I-15 SB Off ramp ••' \' I-15NB Off ramp • Bedford Court • - %' La Paz Street • • r, � _ Pechanga Pkwy • 34, h+�. _ �Jedediah Smith Road • �_S_, _ - y • s . ... h t Temecula Creek Village • Avenida De Missiones , Mahlon Vail • • • • • • • • • • • Adaptive Traffic Control System Design and Implementation Project Final Report PP• Figure 3 - Temecula Parkway Intersection Location Map t••••••••••••••••••••••••s•ss.•••••••••••••• • K_ KENNEYOF ENGINEERING Diaz Road Jefferson Avenue 1-15 SB Off ramp l-15NB Off ramp Ynez Road Town Center Via Los Colinas Lyndie Lane Moraga Road Humber Drive Asteroid Way Margarita Road Meadows Pkwy Figure 4 - Rancho California Road Intersection Location Map Adaptive Traffic Control System Design and Implementation Project Final Report KENNEY ENGINEERING Date Street Harveston SchoolRoad Harveston Way WinCo Driveway Winchester Road Verdes Lane North General Keany Road Overland Drive Abbott Way Solana Way Stonewood Drive Moraga Road Avenida Barca La Serana Way Yukon Road Rancho California Road Rancho Visa Road Pauba Road Sa ntiago R oad Pio Pico Road De Portola Road DartolaRoad Temecula Pkwy Via RioTernecula Overland Trail Vail Ranch Parkway Figure 5 - Margarita Road Intersection Location Map Adaptive Traffic Control System Design and Implementation Project Final Report ssssssssssssssssssssssssssssssssssssssssssss KENNEY ENGINEERING Temecula Parkway Rainbow Canyon Road Murfield Drive Wolf Creek Drive North Via Eduardo/Wolf Valley Pechanga North Entrance Pechanga South Entrance Figure 6 - Pechanga Parkway Intersection Location Map Pechanga Resort Wolf Creek Drive South Deer Hollow Way Adaptive Traffic Control System Design and Implementation Project Final Report 110000•00•t••0091100000•00•000•0•0•80011•0011•00 KENNEY ENGINEERING Winchester Road Promenade Mall North Promenade Mall South Overland Drive Motor Car Parkway Solana Way DLR Drive Town Center North Town Center South Rancho California Road Figure 7 - Ynez Road Intersection Location Map Adaptive Traffic Control System Design and Implementation Project Final Report A:X' • • • • ••• • ••• •• ••• •••••• • . Figure 8 - Jefferson Intersection Location Map KENNEY ENGINEERING Winchester Road Overland Drive Via Montezuma Del Rio Road Rancho California Road Adaptive Traffic Control System Design and Implementation Project Final Report 111111111111111111111111111111111111111111111 KENNEY ENGINEERING Data Collection For this project, multiple types of data were collected. In order to get sufficient baseline data, // turning movement counts and travel time runs were conducted for each study intersection and arterial. Existing signal timing sheets were also reviewed. The City of Temecula and Caltrans provided the traffic signal timing data for the project. Peak Hour Turning Movement Counts Existing turning movement counts were recorded in October and November of 2010 during the AM peak period (7:00 AM to 9:00 AM) and the PM peak period (4:00 PM to 6:00 PM). The turning movement traffic volumes are provided in Section 2 in the Corridor Binder (Appendices F -J) for each corridor. The peak hour of each count was determined based on the counts and used in the SYNCHRO analysis. Corridor Travel Time Runs Travel time runs were completed utilizing Global Positioning System (GPS) software and equipment. The before runs are used to determine a baseline of the existing amount of time it takes to traverse each corridor. A minimum number of three (3) travel time runs were conducted for each direction of each peak period in October and November 2010. The results were averaged for each segment as well as the corridor as a whole. Items specifically analyzed were average travel time, average stop delay, the average number of stops, and the average speed. Results of the before travel time runs are provided in Section 3 in the Corridor Binder (Appendices F -J) for each corridor. // Signal Timing Analysis Using the peak hour turning movement counts, the SYNCHRO software program was used to determine the existing capacity of the intersections. SYNCHRO software utilizes the Highway Capacity Manual (HCM) methodology for calculating intersections capacity and delay. Detailed intersection SYNCHRO reports of the capacity analysis are provided in Section 4 in the Corridor Binder (Appendices F -J) for each corridor. A summary table of the Level of Service (LOS) results for each intersection is provided in Section 5 in the Corridor Binder (Appendices F -J) for each corridor. Traffic Signal Timing Optimization Basic signal timing operations allow for green lights to be only as long as needed before yielding to other waiting vehicles. These signal operations are `free' or independent of the adjacent Adaptive Traffic Control System Design and Implementation Project Final Report K,..im KENNEY ENGINEERING signals. Low traffic volumes, such as late at night, can be managed efficiently with free signal operations. When traffic volumes start to increase, the length of the green lights can become very long, resulting in excessive delay, excessive queuing and needless stopping and starting. At that point coordinating adjacent signals becomes important. Coordination is a method of operating traffic signals along a roadway so that platoons of vehicles can encounter as many green lights as possible. To accomplish this, each green light ends at the same time in a `fixed' interval (i.e. the sixtieth second out of a ninety (90) second cycle). By operating the adjacent signals on the same fixed cycle length and controlling the end of the green light for those signals, a consistent relationship is established between the signals. A vehicle encountering a green light at the first coordinated signal will encounter a green light at the next coordinated traffic signal. The parameters necessary to establish both the free and coordinated systems are derived from the capacity analysis. Utilizing the capacity analysis and traffic counts, the signal timing for the intersections and corridor were optimized utilizing the SYNCHRO software, with specific attention given to the time space diagrams. Additional adjustments were manually made to the time space diagram to further optimize the base plans. After the new plan schedules for each corridor were established, the adaptive component of the signal program was introduced. Capacity analysis for optimized timing was calculated and the results are provided in Section 6 in the Corridor Binder (Appendices F -J) for each corridor. The plan schedule used for the City's QuicNet software is provided in Section 7 in the Corridor Binder (Appendices F -J) for each corridor. In the process of optimizing the cycle lengths and offsets, each corridor was analyzed to determine the optimum cycle length for that arterial. In SYNCHRO, a range of cycle lengths were compared to determine which produced the best LOS results. Together with the existing cycle lengths at the Caltrans intersections, the following cycle lengths were established for the project: Table 1- Coordinated Cycle Lengths Corridor Analyzed AM Cycle Length(s) Analyzed PM Cycle Length(s) Actual Traffic Adaptive Cycle Range Length(s) Winchester Road 120 120 90-130 Temecula Parkway 100 110 90-120 Rancho California 100 100 90-105 Margarita Road 80 100 80-110 Pechanga Parkway 90 90 85-120 Ynez Road 90 100 90-120 Jefferson Avenue 95 96 90-110 After determining the cycle lengths for each corridor, the individual intersection offsets were analyzed. The initial optimization was based on the SYNCHRO analysis, coordinating the offset from the beginning of the yellow phase. The project team then examined the time -space diagram and made necessary, small adjustments to the offsets. In this manner, the ideal set of offsets were Adaptive Traffic Control System Design and Implementation Project Final Report •••••••••••••••••••••••••••••••••••••••••••• KENNEY K; ENGINEERING determined. These cycle lengths and offsets serve as a starting point for the adaptive operations as well as providing an optimized fallback plan in the event that communication with the adaptive central system is lost. The three corridors with I-15 interchanges; Winchester Road, Temecula Parkway, and Rancho California Road, are important because of the large volume of traffic and because of their interaction with the freeway traffic itself. During the AM and PM peak hours, vehicle queuing at the signals results in queues extending down the ramps and onto the mainline freeway lanes. To minimize queuing down the ramps and onto the freeway, the coordination process emphasized clearing ramp traffic through the corridor. While normally, optimization focuses on moving through traffic along the corridor, this special case dictated coordinating traffic from the ramp signals onto the main corridor. The aim was to improve access to and from the signals and ensure that those large volumes of vehicles were able to move several intersections along the corridor with minimal stops. Traffic Adaptive Program Upon completion of the signal timing optimization and development of the plan schedules for each corridor, the next task was to implement the traffic adaptive portion of the project. Adaptive traffic signal control is the process wherein the timing of a traffic signal, or a series of signals, is continuously adjusted based on the changing arriving volumes of vehicles at that intersection. It is the function of adaptive control to reduce, as much as possible, the green time granted to approaches on which there are no approaching vehicles, while maximizing the green time for approaches which do have vehicles approaching. Adaptive traffic control can reduce the need for constant adjustments to signal timing plan schedules to achieve optimum performance. In addition to prolonging the effectiveness of traffic signal timing, adaptive control also improves travel time reliability and reduces congestion by creating a smoother flow. For this project, an adaptive traffic control program, QuicTRAC, was implemented during appropriate times of day, per corridor. During these times, the cycle lengths along each corridor are allowed to vary within a specified range as needed based on traffic demand. Splits adjustments are made to dynamically allocate cycle time to the approaches with the greatest demand. Offsets can be adaptively adjusted based on speed for a particular direction when traffic volumes dictate that one direction is the predominate movement. If this operation is not desired (during balanced flow for example), a fixed offset can be used while still maintaining split and cycle adjustments. This ensures that delay along the entire corridor is minimized and the system can move the greatest number of vehicles through each series of signals. For each corridor, priority is given to the direction of flow which has the greatest number of vehicles. Therefore, in the AM peak on Winchester Road, Temecula Parkway, and Rancho California Road, priority is given to westbound vehicles approaching the 1-15 interchanges. In the PM peak, eastbound traffic coming from 1-15 is given priority. For a more detailed explanation of the adaptive operation, refer to Appendix A. Section 8 in the Corridor Binder (Appendices F -J) for four (4) corridors shows the data from the QuicNet split monitor reports after the adaptive program is implemented. Adaptive Traffic Control System Design and Implementation Project Final Report s••••••••••••••••••••••••••••••••••••••••••• Before and After Study Results KENNEY ENGINEERING Congestion and Delay Results from the signal timing optimization and traffic adaptive program can be measured in two ways. The first is a comparison of the Level of Service (LOS), measured in delay per vehicle (sec/veh), for each intersection utilizing traffic analysis software. This software calculates intersection LOS based on traffic volumes, lane geometry, and signal timing parameters. This analytical comparison also estimates the reduction in emission and fuel consumption. The second method of obtaining or measuring the project results is the comparison of the before and after travel time runs, focusing on the reduced travel time, reduced number of stops and increase in average speeds. Capacity analysis for the optimized signal timing in SYNCHRO was calculated and the detailed intersection SYNCHRO reports are provided in Section 6 in the binder for each corridor. A summary table of the Level of Service (LOS) results for each intersection is provided in Section 9 in the Corridor Binder (Appendices F -J) for each corridor. Section 10 also provides a table comparing the before and after SYNCHRO LOS results for each intersection by approach. Table 2 in Appendix B shows the overall intersection LOS for the before and after analysis. Travel Time, Speed, and Number of Stops The after travel time runs were conducted in May, June, and July of 2011, during the same hours the before travel time runs were performed. Section 11 provides the individual travel time run after data, and Section 12 in the Corridor Binder (Appendices F -J) for each corridor comprises tables showing the before and after run data comparisons. Figures 3 through 9 of Appendix C show a graphical representation of the improvement to the number of stops along each corridor. Once infrastructure improvements were in place, the newly engineered coordination signal timing plans were implemented and fine-tuned. Performance measures for the "after" conditions were compared with those for "before" conditions. Adaptive Traffic Control System Design and Implementation Project Final Report Bs....s.ss..s•.•.ss.sesss•s•••••.s..•..•s.s• KENNEY ENGINEERING Table 2 - Resulting Improvements by Corridor Average hourly directional volume 2Percent change in travel time (sec) along the corridor 3Percent change in average speed (mph) along the corridor 4 Percent change in the number of stops along the corridor In Table 2, improvements are shown in green (reductions in travel time, increase in speed and decreases in the number of stops) and results that need improvement are shown in red. Marginal results (-2% to +2%) are shown with no shading. The results are almost uniformly positive, and overwhelmingly positive for the longer, high volume arterials such as Winchester Roadway, Temecula Parkway and Rancho California Parkway. Mostly marginal results were associated with a significant improvement in the opposite direction, typically where the traffic volumes were higher in the opposite direction, or at locations with little room for improvement. Improvements varied on an arterial -by -arterial basis, but system -wide improvements achieved are as follows: • 14% reduction in travel time • 17% improvement in speed • 29% reduction in number of stops during the AM and PM peak periods Emissions and Fuel Consumption Reductions Emissions and fuel consumption are significantly reduced by decreasing deceleration, decreasing acceleration and by reducing the number of stops. An increase in average speed on arterial streets also results in significant reductions of both emissions and fuel usage but only up to approximately forty (40) miles per hour (mph). Increases in average speeds above forty (40) mph start to increase emissions and fuel consumption. The emissions or pollutants measured as part of this project are reactive organic gases (ROG), Carbon Monoxide (CO), Nitrogen Oxides (NOX) and particulates (PM 10). California Air min Mil nal Adaptive Traffic Control System Design and Implementation Project Final Report AM PM Volume' TT' Speed' Sto's4 Volume' TT' Speed' Stops' Winchester EB 840 -9% 8% 6" 0 1995 -22% 18% -30% WB 216517% 21% - '`" - 1359 -14% 15% -29% Temecula EB 1065 r9% 9% -17% 1851 -20% 25% -53% WB 1601 -17% 18% -18% 1186 -27% 41% -39% Rancho California EB 733 -12% 17% -32% 1570 -12% 14% -23% WB 1331 iLl% 2% ()°b 992 -17% 18% -20% Mar arita g NB 584 . -2% 7% -10% 881 -10% 10% -37% SB 575 -6% 7%-65% 738 -10/ 14.0 0"0 Pechan a g NB 900 1% 27% -43% 789 -3% 3% -13% SB 641 - 45°4 -70% 890 -21% 26% -100% Ynez NB 665 -2% -1% -32% 1501 iiiifitikh 68% -63% SB NB 689 521 2% 19" ,, -1% -12" ,, -:"_ 0% -100% 1207 878 854 1% 2% -1% -10% 17% 25% Jefferson SB 580 V''' Average hourly directional volume 2Percent change in travel time (sec) along the corridor 3Percent change in average speed (mph) along the corridor 4 Percent change in the number of stops along the corridor In Table 2, improvements are shown in green (reductions in travel time, increase in speed and decreases in the number of stops) and results that need improvement are shown in red. Marginal results (-2% to +2%) are shown with no shading. The results are almost uniformly positive, and overwhelmingly positive for the longer, high volume arterials such as Winchester Roadway, Temecula Parkway and Rancho California Parkway. Mostly marginal results were associated with a significant improvement in the opposite direction, typically where the traffic volumes were higher in the opposite direction, or at locations with little room for improvement. Improvements varied on an arterial -by -arterial basis, but system -wide improvements achieved are as follows: • 14% reduction in travel time • 17% improvement in speed • 29% reduction in number of stops during the AM and PM peak periods Emissions and Fuel Consumption Reductions Emissions and fuel consumption are significantly reduced by decreasing deceleration, decreasing acceleration and by reducing the number of stops. An increase in average speed on arterial streets also results in significant reductions of both emissions and fuel usage but only up to approximately forty (40) miles per hour (mph). Increases in average speeds above forty (40) mph start to increase emissions and fuel consumption. The emissions or pollutants measured as part of this project are reactive organic gases (ROG), Carbon Monoxide (CO), Nitrogen Oxides (NOX) and particulates (PM 10). California Air min Mil nal Adaptive Traffic Control System Design and Implementation Project Final Report •••118.0••090••••••••••••••••000•••••••••••00 KENNEY ENGINEERING resources Board (CARB) methodology was utilized to estimate the reduction in emissions for this project. The methodology estimates annual emissions reductions based on before and after arterial speed, average volume of traffic on the arterial, the length of the arterial, and the number of work days per year. The reported reduction in gasoline is based on the fuel consumption rate (gal/mi.) of a typical vehicle at different speeds. The speed for the "before" and "after" condition of each direction on all arterials studied was established. The fuel consumption rate for each speed as published in the Federal Highway administration (FHWA) publication; Development and Verification of Light - Duty Modal Emissions and Fuel Consumption Values for Traffic Models, FHWA Report 1997 was then used to establish the change in fuel consumption. The total gallons of gasoline saved is determined by multiplying the change in fuel consumption by the annual vehicle miles traveled for each arterial. Table 3 shows fuel consumption reductions and emissions reductions. Though the reductions are reported in annual amounts, only two (2) hours/day are analyzed in the study (the AM and PM peak hour), and only two hundred and fifty (250) days, representing workdays, are calculated. Thus, the calculations presented are conservative. Adaptive Traffic Control System Design and Implementation Project Final Report • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • City of Temecula Adaptive Traffic Control System Design and Implementation Project - Project Measures of Effectiveness Table 3 - Project .4feasures of Effccti►'eness i 4i r om iipm r w i Average Decrease in Bald line eN u,aoegoMonMvMomoao I 1 z 11 1 i Op ,,,,,,,,,,,g;..,,,,“ glia mir,r.O;11 r."' a,,. u�,rrooMom em ,i�Mryrymor --- ' 5 iw r•ry�m �Esaiis�i� mowoo� 1.15 00 ov,Mu,v��r,ouor-Menmomryr`r• Og��;O2;,4-.Taco No^ ,i, LL 0 wgiv — of aaf , esf Nvn-R1 ,. 0 , nimmo:74fli .� ry ri vi ri - M �i l f� S ,' ' iiiI�S� „ow gr0 lti Vii P'f A Fir wr aiiM5ffio 1'I a lf iG 6 en" mi. mgcemeggimmeoggemegg ,,,,,,,,,,,4,4,4„,,,,,,40,©41,d,,, NOR MARPfNNNNP,NNXfMrfMl',RR a',G° H N�ARC;rrNNNN.TCpNmmN VAyyRN M;N il swg0,0 num 413,445 574,050 kim;Rxt; i 7 11 NneKefri vi vi vi:NNNN�� 7., ,!11 i u AR NIMP�7 OMR0O NNNNN 5 a O 1Mf Ill.. NAO,C,W90 OViE0ERAInER.M.gs'F lit 1!!!! OMRII� IREIE MN SIN Ps II11 Ijiiii1I! 1 1 HI Z Pedlrgo Pkwy - Southbound ii JO lemon -Northbound 1 1 _ KENNEYOr ENGINEERING 1 PR0JECTPERFORMANCE EASL ES R.FETE or20Yews) r r g r w i Average Decrease in Bald line N 4* I 1 z N N N M R N 1 M 1 N N 0 N N M N 1 i s I a Adaptive Traffic Control System Design and Implementation Project Final Report 1 9 Q 1 1 1 $ s 8 - g N 4* 11 11 1 i N N N M R N 1 M 1 N N 0 N N M N 1 i s I a Adaptive Traffic Control System Design and Implementation Project Final Report 1 9 Q 1 1 1 • K — • _ KENNEY ENGINEERING • • Return on Investment The return on investment (ROI) is a performance measure used to evaluate the efficiency of ID an investment. To calculate ROI, the benefit (return) of an investment is divided by the cost of the investment; the result is expressed as a percentage or a ratio. • The return on investment formula is: • (Gain from Investment) — (Cost of Investment) - R01 = Cost of Investment • The Cost of Investment for this project is the entire contract amount inclusive of the equipment, • hardware, software, installation, and engineering effort. The Gain from Investment for this project is based on three (3) items; the reduction in delay or the time saved in commuting, the • reduction in pollutants, and fuel cost savings. Each of these are equated to an annual dollar • amount and then multiplied over the twenty (20) year life of the project. The cost savings • associated with reduced fuel consumption is easily calculated; simply the total gallons of fuel ID reduced multiplied by the cost of fuel. Calculating the cash equivalent of time saved and pollutants reduced is more complex. The Bureau of Labor Statistics publishes wage rates for different • regions. The hourly wage rate for Riverside County was used to determine the cost benefit of the hourly delay reduction. The cost of a pound (lb.) of pollutants is published by the California Air • Resources Board (CARB). The cost of pollutants is based on the cost of health care associated with smog related illness. See the foot notes on Table 3 for more details. For this project the gain • and cost are taken from Table 3 for a ROI of: • Overall ROI = ($23,291,154) — ($819,820) = 2741% $819,820 • The overall ROI is exceptionally high because of the dollar amount attributed to the decrease in • delay. The project dollar amount attributed to delay decrease is eighty one percent (81%) of the • overall project benefit. The total benefit is comprised of three parts; the dollar amount attributed • to decreased delay, the dollar amount attributed to decreased emissions, and the savings on fuel. Another way to look at return on investment is the dollar amount saved by reduced fuel costs compared to the overall project costs. This reduces the ROI to terms of cashed saved compared . to cash expended. The ROI based on gasoline savings alone is: • ($4,270,992) — ($819,820) • Full Savings ROI = $819,820 = 420% • This equates to a one and one half (1.5) year cost -recovery for the project based on fuel savings • alone. • • • • Adaptive Traffic Control System Design and Implementation Project Final Report • ••.•....•••r•••••••••••••••••••••••••••••••• KE Summary and Conclusions KENNEY ENGINEERING Winchester Road, Rancho California Road and Temecula Parkway corridor operations improved dramatically with the project. Travel time runs conducted in the PM peak hour on Winchester Road consistently resulted in no stopping from the southbound I-15 off ramp through the Nicolas Road signal. In the PM, traffic volumes are heaviest from the freeway to points east as the evening commute takes residents home. For that reason, eastbound traffic was prioritized on all three corridors and, conversely in the AM, westbound traffic was prioritized. At the three I-15 interchanges, the green light for the southbound ramp was coordinated with the eastbound green light at the northbound ramp. This allows vehicles turning left off the ramp heading east to clear the next signal and platoon east. By preventing the ramp traffic from stopping at the next signal, the likelihood of residual queuing developing on the ramp is minimized. Mainline queuing should be reduced, thus reducing the accident potential on the freeway. As an example, Figure 9 shows the coordination pattern used on Winchester Road to relieve ramp queuing. Figure 9 - Coordination Pattern for Winchester Road 1-15 Interchange Due to the fact that the ramp signals are maintained by Caltrans and use Caltrans software, they are not able to communicate directly with the adaptive system. The Caltrans Yellow Yield Operations allow the QuicTRAC system to maintain the two Caltrans ramp signals under adaptive control. Caltrans ramp signals receive a sync signal from the intersections adjacent to the ramps. Caltrans signals then synchronize their cycle length to this signal. The hardwire connection works well; however, under the right circumstances (i.e., an ill-timed emergency vehicle preemption), the communications can be terminated and several minutes may elapse before communications can be re-established. The maximum benefit of the traffic adaptive system can only be achieved if all of the signals on the arterial are fully participating. Efforts should continue to obtain better communications between the signals. The City should pursue the Adaptive Traffic Control System Design and Implementation Project Final Report ••...s.s....•••s•••s•..s.....••....••••••rs• Kk KENNEY ENGINEERING opportunity to take ownership of the ramp signals and upgrade the controllers in order to provide the optimum corridor operations. Based on the project team's work and observations, the following recommendations are offered: • Pursue the transfer of operations and control of the six (6) 1-15 interchange ramp signals and the intersection of Beford Court/Temecula Parkway from Caltrans control to the City of Temecula Control. Although the existing "Yellow Yield" operation works well, in order to better coordinate the East/West arterials, it would be advisable to replace the controller software at the ramp signals with the McCain 2033 software. This software is QuicTRAC-compatible and will allow the Caltrans signals to run the same adaptive cycle as the rest of the corridor without relying on the Yellow Yield operation. In addition, it will allow the city to bring the signals online in the city's QuicNet system and observe the operation from the City's Traffic Operations Center (TOC). • Include the three (3) Caltrans operated signals on Winchester Road; Willows Avenue, Winchester Square Drive and Murrieta Hot Springs Road, in the Winchester Corridor timing plan. • Take full advantage of the real time data associated with the Traffic Adaptive Technology. Tabulate the cycle lengths and splits for regular evaluation of the traffic signal timing parameters. • Work with Caltrans to install queue detection hardware on the I-15 mainline lanes to minimize standing queues on the freeway near the off -ramps. Develop traffic signal timing methodology to "flush" traffic off the ramps when standing queues are detected. • Maintain the City's commitment to improvements, such as the Date Street interchange and the western Bypass, to further increasing mobility throughout The City of Temecula. • Pursue with Caltrans the removal of the legacy No -Right -Turn -On -Red restriction at the intersection the 1-15 Northbound off -ramp and Temecula Parkway. This restriction was in place prior to the roadway widening improvements on Temecula Parkway. Adaptive Traffic Control System Design and Implementation Project Final Report s••••••••••••s••s•s••••••••••••••••••••••••• ■ KENNEY ENGINEERING Appendix A - QuicTRAC Theory of Operations QuicTRAC traffic adaptive operation is a function of both the local controller and the central system. The local controller is constantly calculating the time it needs to meet its local demand. The local controller stores this "requested" cycle length in its internal memory once per cycle. The central system uploads the requested cycle length from each controller in an adaptive group. The central system then computes the maximum requested cycle length. The computed maximum requested cycle length becomes the new cycle length for the adaptive group. The system computes an offset for each intersection based on the distance between intersections and the speed of traffic as measured by system loops. Traffic Adaptive Strategic Functions QuicTRAC traffic adaptive operations that occur in the QuicNet Pro System are called the Strategic Functions. These functions are accomplished at the adaptive group level. When a group is first created, it must be designated as a TRAFFIC ADAPTIVE GROUP. The group should be thought of as a traffic corridor. The group will be coordinating traffic in one given direction at a time (inbound or outbound). The first intersection passed by traffic in the current direction is the "head end" controller. The last intersection passed is the "tail end" controller. These two controllers will change roles when the direction is reversed — that is, the "head end" controller for inbound coordination is the "tail end" controller for outbound coordination, and the "head end" controller for outbound coordination is the "tail end" controller for inbound coordination. If a group is a traffic adaptive group, the system will implement adaptive operations when the group is running a plan that has been designated as an adaptive plan. The manner of designating an adaptive plan varies by controller type and explained in greater detail under the setup section. During adaptive operations, the system will adapt the cycle length of the group, and the offsets of the individual controllers to current traffic conditions. The current cycle length will be the largest requested cycle length from the local controllers, but is limited to a maximum cycle length based on a user defined setting. The offsets between intersections will be based the calculated travel time for each of the defined links. Each controller must have at least one link associated with it. A controller will usually have two links associated with it, an inbound and an outbound link. Links are configured with a distance and design speed. While each link must be assigned system detectors, links may share system detectors. This is especially appropriate for adjacent links where speeds are likely to remain consistent. This feature of QuicTRAC helps to reduce the number of system detectors needed for adaptive operations. The speed used for the travel time calculation is derived from the system detectors assigned to the given link (travel time = [(link distance)/speed]). If the occupancy on a link is below five percent (5%), the design speed will be used to calculate travel time. The travel time from the "head end" controller to the second controller will be the offset time for that controller. The offset for the second controller plus the travel time to the third controller is the offset time for the third controller. The travel times are summed in this way to calculate the Adaptive Traffic Control System Design and Implementation Project Final Report •....••••••••••••••••••••••••••••••••••••••• _Ki KENNEY ENGINEERING individual offsets for each controller. Offsets are always normalized to the cycle length before being downloaded to the controller. Speed calculations are based on single loop detection to keep detector requirements to a minimum. While this method in not as accurate of two loop speed traps, the accuracy is more than sufficient for the intended applications. The method of calculating the speed for each of the defined system detectors is as follows: • Calculate the total time that the loop was occupied during the sample period (OTot) • Divide the total occupancy by the number of vehicles to get the average occupancy per vehicle (OAvg) • Add the loop length to the average defined vehicle length (LTot) • Speed = LTot/OAvg Speed is calculated for each of the detectors assigned to a link and then averaged to get the link speed that is used to calculate the travel time and hence the offset for the link. Should the link speed exceed the design speed of the link, QuicTRAC will use the design speed. This is done to prevent selecting offsets that could potentially encourage drivers to exceed the posted speed limit. Traffic Adantive Tactical Functions QuicTRAC traffic adaptive operations that occur at the local controller are called the Tactical Functions. When the local controller is running an adaptive plan, it is tracking each phase to determine whether a phase gaps out or goes to its force off point. Any phase that gaps out will request less time the next cycle. Any phase reaching its force will request more time. The net increase or decrease determines the cycle length requested by the controller for the next cycle. However, the cycle length request cannot exceed the Max Cycle Length setting in the local controller. On the next cycle, phases will be allocated split time based on the algorithm defined in the next section labeled "Split Determination". When the central system determines that the master cycle zero time has occurred, a message is broadcast to all controllers in the group. Along with this "sync pulse", the current cycle length and offset for the controller are sent. When the controller receives this message, it sets its master timer to zero. It also sets its master cycle time and its offset accordingly, and starts to transition to the current cycle if necessary. If the current cycle length is different than the default cycle length of the plan, the offset times are adjusted percentage -wise to maintain split times as the controller does during an ordinary transition. The cycle length may not be stretched beyond the Adaptive max cycle length time. The cycle length may not be shortened beyond the minimum cycle length calculated for the purposes of short cycle transition. When the controller has been commanded into an adaptive coordination plan, its clock and timers display adds a line to display the adaptive requested cycle length, and commanded cycle length and offset. When QuicTRAC first goes into an adaptive plan, it allows the local controllers to get into step before sending new cycle and offsets. This measure prevents the controllers from having to get into step with new cycle lengths and offsets during a transition Adaptive Traffic Control System Design and Implementation Project Final Report •••••••••••••••••••••••••••••••••••••••••••• KENNEY ENGINEERING time. The result is that transition is accomplished quicker and adaptive operations begin sooner. This technique is used whenever there is a cycle change. Preemption can also be disruptive to any coordinated system. When an intersection is preempted during adaptive operations, QuicTRAC continues to issue cycle and offset changes to other controllers in the adaptive group. However, when the preempted controller attempts to get back into adaptive plan, QuicTRAC suspends sending new cycle lengths and offsets to the adaptive group for three cycles, giving the controller a chance to get back in step before issuing new cycle and offsets. Should communications be lost to one or more controllers, those controllers will revert to their time -of -day plans. When communications is re-established, the controllers will be picked up by the system and returned to adaptive operations. QuicTRAC will respond to the controllers getting in plan in the same fashion described above for preemption. QuicTRAC has also been designed to tolerate local overrides in most circumstances. The one exception to this is the head end controller. The head end controller cannot be put into a local override. QuicTRAC will not be able to determine proper adaptive operations with the head end controller in an override. If it is necessary to run a special plan on the corridor that involves the head end controller, then the special plan need to be implement through QuicSchedule and needs to be implemented on all controllers in the adaptive groups. This is something that needs to be considered when setting up an adaptive group and determining the head end controllers for the group. QuicNet uploads the requested cycle lengths from the controllers in the group once per cycle. The requested times are compared to each other and the maximum time is selected. The system compares this time to the current cycle length. It will increase or decrease the cycle length accordingly but will not change the cycle length by more than four (4) to seven (7) seconds per cycle. This maximum cycle length adjustment is set in the commproc.ini file and may be adjusted by the operator but must be between four (4) and seven (7) seconds. When the head end controller yields, the system declares that moment as the master cycle zero time for the adaptive group. The system then broadcasts a message indicating this to the local controllers. Cycle Length and Split Determination Cycle length and split determinations are made be each local controller once per cycle. These determinations are then used by QuicTRAC to determine the new cycle length and by the local controllers to determine how to allocate split time on the next cycle. The method used to calculate the cycle request and split adjustments is described next: 1. Function A (local controller) a. At the end of each split (during execution of current cycle), a desired split time for the next cycle is calculated as follows: i. Check for detector failure, if failed T split (next) = T split (current) ii. If maxed T split (next) = T split (current) + 4 seconds Adaptive Traffic Control System Design and Implementation Project Final Report • • • • • GI • • • • • • • • • fib • • 0 • • • • • r KENNEY ENGINEERING iii. If gapped and T split (actual) is less than 2 seconds smaller than T split (current), T split (next) = T split (current). (This is to include a hysteresis for split times) iv. If gapped and T split (actual) is more than 2 seconds smaller than T split (current), T split (next) = larger of T split (actual), T split (previous — 4 seconds) or T split (minimum) b. At the end of the current cycle a desired cycle time and sync phase split is sent to central control as follows: i. Add all ring A splits and ring B splits and determine the largest T cycle (actual). ii. T syncsplit (next) = larger of ring A and ring B sync phase T split (next) iii. If larger sync phase T split (next) is contained in the L -ring with larger T cycle (actual); T cycle (next) = T cycle (actual) iv. If larger syncphase T split (next) is contained in the S -ring with smaller T cycle (actual); T cycle (next) = T cycle actual + difference between ring A and ring B syncphase T split (next) 2. Function B a. Central control determines 3 parameters based on the input it receives from the local controllers and system detectors. i. T cycle (new) for maximum intersection efficiency at the intersection in the arterial with the most traffic. ii. T offset (new) for optimum arterial progression. iii. T syncsplit (new) for arterial greenband optimization. 3. Function C (local controller) a. The local controller receives new cycle information from central control as follows: i. T cycle (new); use as is ii. T offset (new); use as is iii. T syncsplit (new); use as is, calculate balance of new split pattern b. The new split pattern is calculated based on the stored information from the previous (or 2 back) cycle as follows: (Note: traditional CIC is defined as the apportioning of available green time within the cycle based on volume and occupancy data from the approach detectors, this implementation is based on not having this information available) (current allocation is based on using downloaded data for sync phases and making all other adjustments on nonsync phases. i. Determine time left in cycle (T cycle (new) — T syncsplit (new)) ii. Allocate time proportionately across the non -sync phases using the measured split times previously stored. Do for both rings. • For a detail description of the setup and operation of the adaptive operations, please refer to the lb QuicNet Pro manual. • ED lb • • • • • During the course of the project, several new features were added to QuicTRAC to improve its overall operation. The enhancements included an offset adjust feature and a schedule for the adaptive control groups. Adaptive Traffic Control System Design and Implementation Project Final Report ••••••......•••••••••••••••••••••••••••••••• KF Offset Adjust KENNEY ENGINEERING The offset adjust feature was added to QuicTRAC to allow for further fine tuning of the QuicTRAC algorithm. Offsets between intersections are normally based on the calculated travel times between intersections. It was discovered during implementation that in some cases, a means was needed to adjust the calculated arrival time between particular intersections. This was normally determined during test drives of the corridor. Due to corridor characteristics or intersection geometries, it was determined that a manual adjustment could improve corridor flow. This adjustment can increase or decrease the travel time (hence offset) by a percentage of the calculated offset. Furthermore, the adjustment can be made on a link without impacting the travel times or offsets of the remaining link. Adaptive Control Schedule A second feature added to QuicTRAC was an Adaptive Control Schedule that allows the user to set up a schedule for each group and set the Max Cycle Length and Max Cycle Change for each schedule event. This feature provides yet another way for the user to fine tune the QuicTRAC adaptive operations to meet the specific requirements of a corridor. Please refer the QuicNet Pro Manual for further discussions of QuicNet Pro and the QuicTRAC adaptive operations. Adaptive Traffic Control System Design and Implementation Project Final Report 11...0.11..11••••••0000110•••••••••••••••••••••• K Appendix — Charts and Graphs KENNEY ENGINEERING The following graphs show some samples that demonstrate how the adaptive system adjusts cycle length in response to changes in traffic volume. This is based on actual data collected in The City of Temecula during July 2011. Note that in each case the system adjustments in the cycle length closely match the instantaneous traffic volume changed as charted below. 115 110 105 100 95 90 85 80 6:OOAM 7:OOAM 8:OOAM 9:OOAM 10:OOAM 11:OOAM 12:OOPM Jefferson Corridor - AM Traffic Adaptive Cycle Length --July 15th 700 600 500 400 300 200 100 0 6:00:00 AM 7:00:00 AM 8:00:00 AM 9:00:00 AM 10:00:00 AM 11:00:00 AM 12:00:00 PM Jefferson - System Detector AM Volumes Figure 10 -Jefferson Corridor — Real Time Cycle Length and Volume Comparison 4daptive Traffic Control System Design and Implementation Project Final Report •••••••••••••••••••••••••••••••••••••••••••• _ KENNEY ENGINEERING 125 120 115 110 105 100 95 90 85 Pechanga Corridor - PM Traffic Adaptive Cycle Lengths —July 14th 2:00 PM 3:00 PM 4:00 PM 1200 1000 300 600 400 200 5:00 PM Pechanga - System Detector PM Volumes 6:00 PM 7:00 PM 0 2:00:00 PM 3:00:00 PM 4:00:00 PM 5:00:01 PM 6:00:01 PM Figure 11 - Pechanga Corridor - Real Time Cycle Length and Volume Comparison Adaptive Traffic Control System Design and Implementation Project Final Report •••••••••••••••••••••••••••••••••••••••••••• KKENNEY ENGINEERING i 115 110 105 100 95 90 85 80 Margarita Corridor - AM Traffic Adaptive Cycle Length —July 15th —July 14th 6:00 AM 7:00 AM 8:00 AM 9:00AM Margarita - System Detector AM Volumes 450 400 350 300 250 200 150 100 50 0 —July 15th —July 14th 6:00:00 AM 7:00:00 AM 8:00:01 AM 9:00:01 AM Figure 12 - Margarita Corridor – Real Time Cycle Length and Volume Comparison Traffic patterns can be slightly different from day to day. In this case, the volumes on the 15th increase a little later in the day as opposed to the 14th. The adaptive adjusts the cycle accordingly where a typical fixed time plan would have run the same cycle length at the same time every day. Adaptive Traffic Control System Design and Implementation Project Final Report 8•••••060•60•••••••••011600060••••••••••••••• 125 115 105 95 85 Ynez Corridor - AM Traffic Adaptive v 7 J-\\ KENNEY ENGINEERING r i -r 6:OOAM 7:OOAM 8:OOAM 9:OOAM 10:OOAM 11:OOAM 12:OOPM 600 500 400 • -- 300 200 100 0 Ynez - System Detector AM Volumes 6:00:00 AM 7:00:00 AM 8:00:01 AM 9:00:01 AM 10:00:01 AM 11:00:01 AM 12:00:02 PM Figure 13 - Ynez Corridor — Real Time Cycle Length and Volume Comparison Adaptive Traffic Control System Design and Implementation Project Final Report B••••••••••••••••••••••••••••••••••••••••••• Kk Appendix B - LOS Analysis Results Table 4 - LOS Before -After Comparison KENNEY ENGINEERING Adaptive Traffic Control System Design and Implementation Project Final Report Existing Network Optimized Network Weekday AM Weekday PM Weekday AM Weekday PM # Intersection LOS Delay LOS Delay LOS Delay LOS Delay 1 Redhawk Parkway (Margarita) @ Vail Ranch Parkway F 109.6 F 211.8 F 81.0 D 41.7 2 Redhawk Parkway (Margarita) @ Overland Trail C 21.5 C 23.1 C 20.6 C 20.0 3 Redhawk Parkway (Margarita) @ Via Rio Temecula B 13.3 C 21.6 A 10.0 B 19.2 4 Margarita Road @ Dartola Road B 11.7 B 16.8 B 10.3 B 17.9 5 Margarita Road @ De Portola Road C 31.1 C 30.6 C 20.6 C 24.6 6 Margarita Road @ Pio Pico Road B 18.0 B 11.5 B 14.1 A 7.8 7 Margarita Road @ Santiago Road B 15.6 B 14.1 B 10.4 A 9.5 8 Margarita Road @ Pauba Road D 40.2 D 42.6 C 28.6 D 37.4 9 Margarita Road @ Rancho Vista Road E 67.7 E 55.6 C 31.7 E 67.8 10 Margarita Road @ Rancho California Road D 45.5 E 57.0 C 28.7 D 40.7 11 Margarita Road @ Yukon Road B 17.2 B 19.6 B 14.8 B 15.3 12 Margarita Road @ La Serena Way B 20.0 B 16.8 B 15.1 B 16.1 13 Margarita Road @ Avenida Marca B 17.8 A 8.4 B 12.9 A 5.5 14 Margarita Road @ Moraga Road C 26.9 C 22.4 B 15.5 B 11.5 15 Margarita Road @ Stonewood Drive A 5.1 A 6.6 A 3.5 A 4.1 16 Margarita Road @ Solana Way C 26.5 C 33.7 B 14.9 C 24.2 17 Margarita Road @ Abbott Way A 7.0 A 6.9 A 5.0 A 5.6 18 Margarita Road @ Overland Drive B 20.1 C 30.1 B 15.0 C 23.9 19 Margarita Road @ North General Kearny Way C 27.5 C 25.5 C 23.9 B 18.0 20 Margarita Road @ Verdes Lane B 11.9 C 21.8 A 9.5 B 15.9 21 Margarita Road @ WinCo Shopping Center A 6.3 A 8.8 B 11.6 B 14.3 22 Margarita Road @ Harveston Way B 18.4 B 12.7 B 14.2 B 12.5 23 Margarita Road @ Harveston School Road B 18.9 B 16.2 B 14.1 B 12.9 24 Margarita Road @ Date Street D 38.1 C 34.3 B 19.6 C 27.4 25 Rancho California Road @ Business Park Drive B 19.3 C 25.8 B 16.8 C 24.1 26 Rancho California Road @ Vincent Maraga/Diaz C 26.9 D 36.7 C 21.5 C 32.8 27 Rancho California Road @ Jefferson Avenue C 22.3 C 32.0 C 25.6 C 29.5 28 Rancho California Road @ I-15 SB Ramp C 26.1 D 42.3 C 28.2 D 36.9 29 Rancho Califomia Road @ I-15 NB Ramp B 13.5 C 34.8 A 9.7 B 18.8 31 Rancho California Road @ Meadows Parkway C 30.6 C 33.9 C 20.7 C 21.6 32 Rancho California Road @ Ynez Road D 35.6 F 83.8 C 29.9 D 51.9 33 Rancho California Road @ Town Center A 9.2 C 23.7 B 10.2 C 24.2 34 Rancho California Road @ Via Los Colinas A 4.1 A 6.8 A 5.4 B 10.4 35 Rancho California Road @ Lyndie Lane A 3.4 A 6.3 A 3.7 A 6.0 36 Rancho California Road @ Moraga Road C 28.9 C 22.5 C 22.9 B 15.7 37 Rancho California Road @ Cosmic/Humber B 10.1 B 12.0 A 6.4 A 9.6 11 4 38 Pechanga Parkway @ Rainbow Canyon B 16.9 C 25.4 B 15.4 C 23.0 39 Pechanga Parkway @ Murfield Drive A 5.7 A 7.5 A 2.7 A 6.6 40 Pechanga Parkway @ Loma Linda Road C 21.1 C 20.6 B 18.6 B 15.4 41 Pechanga Parkway @ Wolf Creek Drive North A 9.2 A 9.4 A 7.2 A 5.3 Adaptive Traffic Control System Design and Implementation Project Final Report 10•••••••••••••0.00.0••••••••••••••••••••••• _ K. KENNEY ENGINEERING Adaptive Traffic Control System Design and Implementation Project Final Report Existing Network Optimized Network Weekday AM Weekday PM Weekday AM Weekday PM 42 Pechanga Parkway @ Via Eduardo/Wolf Valley C 23.9 C 28.1 C 21.3 C 21.1 43 Pechanga Parkway @ Pechanga North Entrance A 2.4 A 9.5 A 2.2 A 8.9 44 Pechanga Parkway @ Pechanga South Entrance A 5.9 A 9.0 B 10.3 B 8.8 45 Pechanga Parkway @ Pechanga Resort A 5.3 A 7.2 A 8.8 A 8.2 46 Pechanga Parkway @ Wolf Creek Drive South B 17.6 A 9.5 B 14.0 A 6.5 47 Pechanga Parkway @ Deer Hollow Way D 46.2 C 32.0 D 38.0 C 22.3 48 Temecula Parkway @ Old Town Front B 19.6 C 25.0 B 18.9 C 24.7 49 Temecula Parkway @ I-15 SB Ramp D 46.6 D 36.3 D 43.6 C 33.5 50 Temecula Parkway @ I-15 NB Ramp A 8.5 C 28.1 B 10.1 C 24.6 51 Temecula Parkway @ Bedford Court B 15.4 D 42.0 A 4.5 A 9.2 52 Temecula Parkway @ La Paz Road F 310.9 F 236.3 C 32.3 E 67.9 53 Temecula Parkway @ Pechanga Parkway D 52.6 F 90.8 D 53.0 F 98.7 54 Temecula Parkway @ Jedediah Smith Road A 8.7 B 14.9 B 10.2 C 26.0 55 Temecula Parkway @ Temecula Creek Village A 8.6 A 9.6 A 9.3 B 10.2 56 Temecula Parkway @ Avenida De Missiones A 9.4 A 7.1 B 12.7 B 13.8 57 Temecula Parkway @ Country Glen A 4.3 A 5.1 B 10.4 A 6.5 58 Temecula Parkway @ Margarita Road C 35.3 D 54.4 D 41.3 D 54.3 59 Temecula Parkway @ Camino Del Sol B 13.6 C 21.4 B 11.1 C 21.7 60 Temecula Parkway @ Meadows Parkway C 30.2 D 39.6 C 22.0 C 34.1 61 Temecula Parkway @ Mahlon Vail A 4.7 A 5.9 A 3.8 B 12.4 62 Winchester Road @ Diaz Road C 29.0 C 31.4 C 22.9 D 37.1 63 Winchester Road @ Enterprise Circle C 24.9 C 30.1 C 23.4 C 27.5 64 Winchester Road @ Jefferson Road C 33.8 D 41.7 C 30.4 C 30.4 65 Winchester Road @ 1-15 SB Ramp C 20.2 B 16.3 C 20.1 B 18.3 66 Winchester Road @ 1-15 NB Ramp B 15.3 C 34.2 B 14.5 C 24.4 67 Winchester Road @ Ynez Road C 34.6 D 38.7 C 33.4 D 35.3 68 Winchester Road @ Promenade Mall West A 8.4 C 26.0 A 6.0 B 16.2 69 Winchester Road @ Promenade Mall East A 6.8 C 22.9 A 6.3 B 18.6 70 Winchester Road @ Margarita Road C 30.0 F 103.4 C 33.5 E 77.2 71 Winchester Road @ Roripaugh Road D 53.3 C 20.2 C 31.5 A 8.7 72 Winchester Road @ Nicolas Road F 181.3 F 145.4 F 214.8 F 142.2 73 Jefferson Road @ Del Rio Road A 9.4 B 16.1 A 7.8 B 13.3 74 Jefferson Road @ Via Montezuma B 17.9 C 24.6 B 11.5 B 15.3 75 Jefferson Road @ Overland Drive D 36.5 D 43.2 C 25.2 C 33.1 76 Ynez Road @ Town Center South B 13.2 D 21.9 B 12.7 B 16.3 77 Ynez Road @ Town Center North B 11.3 C 27.7 B 12.2 C 22.0 78 Ynez Road @ DLR A 6.7 A 9.6 A 5.4 A 6.9 79 Ynez Road @ Solana Way C 29.0 F 96.8 B 16.7 D 38.2 80 Ynez Road @ Motor Car Parkway A 9.0 B 11.9 A 6.6 A 4.9 81 Ynez Road @ Overland Drive C 34.8 D 40.5 C 21.3 C 29.7 82 Ynez Road @ Promenade Mall South B 11.9 C 31.9 A 7.8 C 26.1 83 Ynez Road @ Promenade Mall North B 10.5 C 23.3 A 9.0 B 19.2 Adaptive Traffic Control System Design and Implementation Project Final Report e••••••••••••••••••••••••••••••••••••••••••• Appendix C - Travel Time Graphs 500 0 450 0 400 0 350.0 y 300 0 2500 2000 150.0 1000 500 00 500 0 450.0 400.0 350.0 300.0 • 250.0 • 200.0 • 1s0.o to0.o soo 00 Winchester - Travel Time AM EB .22% 4M WB PM EB Dkectionof Travel Temecula - Travel Time 17% PM WO • 8cf0m ■ Aha 27% AM EB AM WB PM EB PM WB Direction of howl • Before ■ Aha 800 7000 600 0 5500 0 ▪ -100 0 300 0 200.0 100.0 00 Margarita - Travel Time b% 10 -1% AMNB AM 58 PM N8 PM 58 Oirecnon of Travel ■ 84Nae • after 300 250.0 200 0 150 0 1000 500 00 KENNEY ENGINEERING Rancho California - Travel Time AM E8 12% -1% 17v; AMWB PM EB PM WB 04Mbnof Travel ■ Belae ■ Alla 350.0 300.0 - 250.0 200.0 1500 • 100.0 50.0 0.0 Pechanga - Travel Time -21% -34% 1 PM NB AM 58 PM NB Directional 7,0001 PM SB • Belae ■ Alla 300.0 2500 3 200.0 A 150.0 1= 100.0 • 50.0 00 -2% Ynez - Travel Time 2% -1% AM NB AM 58 PM NB 0E458 OMectIond hovel • Before ■ Alla 1500 125.0 100.0 75.0 • 50.0 25.0 • 0.0 Jefferson - Travel Time 19% AM NB 2% AM SB PMNB Direction of have) PM SP. • Blore • Alto, Adaptive Traffic Control System Design and Implementation Project Final Report 11••••••••••••0000••••••••••••••••••••••••••• rE. 111( . ▪ ENGINEERING KENNEY Appendix D - Average Speed Graphs 35 0 30.0 25.0 15.0 10.0 5.0 00 Winchester - Average Speed 0.1 ER AM WB PM E8 PMWB Okectionol Travel • AOe, 300 25.0 ti 20.0 1 15.0 00.0 5.0 • 30.0 I 250 200 • tr 150 • e 10.0 • 5.0 00 Rancho California - Average Speed 12% 143 18% • Before • Alto AM CB AM WB PMEB PM W8 Directlonol Travel Margarita - Average Speed % AM NP 10` AMSP PM NP Directianol Travel 1% PM 513 • Before • After mop 45 0 400 35 0 I 30.0 25.0 100 150 100 • 50 • 00 Temecula - Average Speed AM CB 25", AM WB PM CB 01re00o0 of Travel 45.0 40 0 35 0 i 300 E 1 25.0 Ii 200 150 100 50 00 400 35 0 300 250 .71 I200 100 50 00 41 PMWB Pechanga - Average Speed 27 4 035 26% AM N8 AM SB 044 NB PIA58 -1% Direction or Travel Ynez- AverageSpeed 1% 68% AM NB AM 513 PMNB Mealon of Travel ■ Severe • AfIN ■ After 0% PM 58 • Befae ■ After 45 0 200 35.0 $ 30.0 E I 25.0 200 15.0 10.0 50 0.0 Jefferson - Average Speed AM NB 7 10% AM ie PMNB 0E458 Direction of Travel • Belore • Atte. Adaptive Traffic Control System Design and Implementation Project Final Report K� Appendix E - Number of Stops Graphs 60 50 ff 40 3 3.0 8 70 10 00 Winchester - Travel Time Run Stops 6% 1 AM CB -3% 1 AM Wil PM E8 Direction el Trawl PMWB Rancho California - Travel Time Run Stops AM CB Ow, Am We PM CB Directional Travel PMWB • Before • Alia • Before • ANcr i0 00 70 I 60 53 4.0 z 30 20 10 00 Margarita - Travel Time Run Stops AM NB AM 58 PM NB Directional Travel 0% 1 0.6 z 04 02 • Before • An,5 60 30 _ :0 10 00 Temecula - Travel Time Run Stops -17% AM CB AM WO PMTS Drecllon d Travel 3.5 30 • 25 & 0 05 00 1., PM WB Pechanga - Travel Time Run Stops AM NB -13% 70% AM Se PM NB Directional Trawl KENNEY ENGINEERING • Before • After 10046 PM SB • Before • Aflcv 40 35 30 5 10 05 00 Ynez - Travel Time Run Stops AM NB AMSB PM NB Directional Travel PM 55 • Before of After Jefferson - Travel Time Run Stops 43.63 461' 2B PM NB Dreainnof TPMel aOOM PM SB • Below • Miff Adaptive Traffic Control System Design and Implementation Project Final Report Item No. 7 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: November 22, 2011 SUBJECT: Approval of an Amendment to the City's Proposition 1B Spending Plan and Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Crackfill Project FY2010-2011, Project No. PW11-04 PREPARED BY: Avlin Odviar, Senior Engineer — CIP William Becerra, Associate Engineer- CIP RECOMMENDATION: That the City Council: 1- Approve an amendment to the City's Proposition 1B Spending Plan for FY 2008-09 to include the Citywide Crackfill Project FY 2010-2011. 2- Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Crackfill Project, Project No PW11-04. BACKGROUND: In 2006, California voters approved Proposition 1B (Prop 1B — Transportation Bond/Local Street & Roads), which authorized the sale of over $2 billion in bonds for the rehabilitation and reconstruction of local streets and roads. The State authorized the release of Prop 1B funds to local agencies in two installments; in Fiscal Years 2007-2008 and 2008-09. The City received its first installment ($1.57 million) of Prop 1B bond funds in mid -2008. The second installment ($1.45 million) was received in June 2009. In order to receive these funds, the City was required to submit a Spending Plan with a list of projects to the California Department of Finance (DOF). The City's Prop 1B Spending Plans for Fiscal Years 2007-08 and 2008-09 were approved by the City Council on February 28, 2008 and December 16, 2008, respectively. On September 28, 2010, the Prop 1B Spending Plan for FY 2008-09 was amended to include Santiago Road as part of the Jedediah Smith Road Reconstruction Project. The Prop 1B funds were used to repair and maintain a variety of city-wide roadways that would not have been included in the City's annual maintenance and rehabilitation program due to funding limitations. Due to the current slowdown in the economy, recent construction bids have been lower than the cost estimates used to prepare the City's FY 2008-09 Spending Plan. As a result, Prop 1B funds are available from savings associated with projects identified in the City's Spending Plan and the subsequent amendment. These funds can be used to complete additional roadway work in accordance with the Prop 1B guidelines. In order to fully utilize the remainder of these funds, staff is recommending that the City Council approve an administrative amendment to the City's Prop 1B Spending Plan for Fiscal Year 2008-09 to add the Citywide Crackfill Project. Staff has determined that this the best use of the remaining Proposition 1B funds allocated to the City to prolong the life of many City Streets. This Citywide Crackfill Project involves removing debris from cracks in the road surface and filling the cracks with an asphalt crackfiller material. This will inhibit the infiltration of water into the road structural section and will prolong the service life of the pavement. The Maintenance Division has identified several areas in need of treatment. Roadway segments numbered 1 through 11 on the attached location map are included in this project. Plans and specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office. The Engineer's construction estimate is $101,000. FISCAL IMPACT: The Citywide Crackfill Project for Fiscal Year 2010-2011, Project Number PW11-04 will be funded with Prop 1B — Transportation Bond/Local Street & Roads. Adequate funds are available to complete the project. ATTACHMENTS: 1. Location Map PW11-04 CITYWIDE CRACK FILL PROJECT FY10-11 0 1,250 2,500 5,000 7,500 10,000 Feet Item No. 8 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: November 22, 2011 SUBJECT: Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Pavement Rehabilitation Program, Project Numbers PW10-12 - Rancho Calfornia Road (Jefferson to Ynez), and PW10-13 - Winchester Road (Jefferson to Ynez) PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer- CIP RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Pavement Rehabilitation Program, Project Numbers PW10-12 and PW10-13. BACKGROUND: As part of the Capital Improvement Program and Budget for Fiscal Year 2011-2012, the City Council approved appropriations to support a Citywide Pavement Rehabilitation Program that would implement the recommended maintenance activities identified in the previously completed Pavement Management System (PMS). The PMS prioritized the areas in need of repairs and identified the recommended method for these repairs. Using the PMS, staff selected several locations throughout the City based on its ranking on the PMS report, economy of scale and the available budget. The following two locations were selected for rehabilitation at this time: 1- Rancho California Road — Jefferson Avenue to Ynez Road 2- Winchester Road — Jefferson Avenue to Ynez Road Plans and specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office. The Engineer's construction estimates for Rancho California Road and Winchester Road are $717,000.00 and $1,762,200.00 respectively. FISCAL IMPACT: The Citywide Pavement Rehabilitation Program is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2012-2016 and is funded with Measure A and Capital Projects Reserves. Adequate funds are available in the project accounts to construct these projects. ATTACHMENTS: 1- Project Description 2- Location Map -Rancho California Road 3- Location Map -Winchester Road 2013-14 2011-12 CITY OF TEMECULA PAVEMENT REHABILITATION PROGRAM—CITYWIDE Circulation Project Project Description: Project will include the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major streets as recommended in the Pavement Management System. Benefit: Project will improve pavement conditions so that the transportation needs of the public, business industry, and government can be met. Project Status: This project is ongoing. Department: Public Works—Account No. 210.165.655 Priority: 1 Project Cost: Actua Is to Date 2011-12 2012-13 2013-14 2014-15 2015-16 Future Total Project Years Cost Administration $ 49,076 $ 309,606 $ 160,000 $ 160,000 S 160,000 $ 160.000 $ 998,682 Construction $8,931,000 $ 4,570,000 $ 4,570,000 S 4,570,000 $ 4,570,000 $27,211,000 Construction $244,017 $8,682,022 $ 1,191,157 $1,214,980 $ 1,239,280 $ 12,571,456 Engineering $ 98,645 $ 50,000 $ 50,000 S 50,000 $ 50,000 $ 298,645 Design S 194.941 $ 168,897 $ 230,000 $ 230.000 S 230,000 $ 230.000 $ $ 1,283,838 Totals S244 017 S 9,508.148 $ 5.010.000 S 5.010 000 S 5.010.000 $ 5,010,000 S - 5 29.792.165 Source of Funds: to Date Actua Is 2011-12 2012-13 2013-14 2014-15 2015-16 Future Total Project Years Cost Capital Project Reserves $ 826,126 S 5.010 000 $ 5,836,126 Measure A $244,017 $8,682,022 $ 1,191,157 $1,214,980 $ 1,239,280 $ 12,571,456 Unspecified* $ 3,818,843 5 3,795,020 $ 3,770,720 $ 11,384,583 Total Funding: S244 017 $9,508.148 $ 5.010.000 5 5.010.000 S 5 010.000 $ 5,010,000 $ $ 29.792.165 Future Operation & Maintenance Costs: 2012-13 *Project cannot be constructed until a funding source is identifed. 63 2014-15 2015-16 THE CITY OF �r = TEMECULA 19. "Old Traditions, New Opportunities" 0 Location Map -Rancho California Road 700 1400 2100 ft. Map center: 6286478, 2127342 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Legend - City Streets Parcels Scale: 1:7,212 THE CITY OF Itt = TEMECULA 19. "Old Traditions, New Opportunities" 0 Location Map -Winchester Road 700 1400 2100 ft. Map center: 6283938, 2135487 N>c, This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Legend - City Streets Parcels Scale: 1:7,212 Item No. 9 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: November 22, 2011 SUBJECT: Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Community Recreation Center (CRC) Roof Replacement, Project No. PW11-06 PREPARED BY: David McBride, Senior Engineer Bill McAteer, Construction Manager RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Community Recreation Center (CRC) Roof Replacement, Project No. PW11-06. BACKGROUND: The purpose of the CRC roof replacement project is to replace all built up roof sections on the Community Center which are all nearing the end of their useful lives and require intensive maintenance/repair annually. This work will be completed in conjunction with the CRC Energy Management and Retrofit Project, Project Number PW11-05. The project plans and specifications have been completed and they are ready to be advertised for construction bids. The aforementioned project documents are available for review in the Director of Public Works' office. The cost estimate for the project is $ 240,000 and it will take 20 working days or one month to complete. FISCAL IMPACT: The CRC Roof Replacement Project is included in the City's FY2012-2016 Capital Improvement Program under City Facilities Rehabilitation which is funded with Capital Project Reserves. Sufficient funds are available in the project accounts. ATTACHMENTS: 1. Location Map 2. Project Description C C d cn d J E. a a N O 41) rn N N 7i o co 11 T) 471 C1 m a Q 4 v rn vt _ co rHsrrn ur TEMECULA Community Recreation Center PW11-06 ' 'INd T-Ytinr. M.ilppv��inu or T' .41 1 ,'J 0 y N 6 t � F2p 2011-12 2013-14 CITY OF TEMECULA CITY FACILITIES REHABILITATION Infrastructure / Other Project Project Description: Project will facilitate rehabilitation projects at City owned and operated facilities such as the Mary Phillips Senior Center, the Children's Museum, the Ronald Reagan Community Recreation Center and Pool, the Temecula Community Center, the Temecula Elementary School Swimming Pool, the Temecula History Museum, the Field Operations Center, City Hall, and the Civic Center, etc. Benefit: Minimize emergency repair costs, prolong service life of facilities, and upgrade aging facility components. Project Status: This project has not yet started. Department: Public Works—Account No. 210.165.701 Priority: I Project Cost: Actuals Future Total to Date 2011-12 2012-13 2013-14 2014-15 2015-16 Years Project Cost Administration $ 75,000 $ 75,000 $ 75,000 $ 75,000 $ 75,000 $ 375,000 Construction $375,000 $375,000 $375,000 $375,000 $375,000 $ 1,875,000 Design $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 250,000 Totals $ - $500,000 $500,000 $500,000 $500,000 $500,000 $ - $ 2,500,000 Source of Funds: Actuals to Date 2011-12 2012-13 2013-14 2014-15 2015-16 Future Total Years Project Cost Capital Project Reserves $500,000 $500.000 $ 1,000,000 Unspecified* $500,000 $500,000 $500,000 $ 1,500,000 Total Funding: $ - $500,000 $500,000 $500,000 $500,000 $500,000 $ - $ 2,500,000 Future Operation & Maintenance Costs 2012-13 *Project cannot be constructed until a funding source is identified. 81 2014-15 2015-16 N/A Item No. 10 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Grant Yates, Deputy City Manager DATE: November 22, 2011 SUBJECT: Amendment to Animal Friends of the Valleys Contract and Spending Authorization for Debt Service and Sheltering Services to the Southwest Communities Financing Authority PREPARED BY: Tamra Irwin, Senior Management Analyst RECOMMENDATION: That the City Council: 1. Approve the First amendment to the agreement with Animal Friends of the Valleys to exclude the sheltering services costs; 2. Approve the expenditure for Fiscal Year 2011/2012 payable to Southwest Communities Financing Authority/County of Riverside for annual sheltering service costs in the amount of $127,500 annually; 3. Authorize the City Manager to approve additional sheltering service costs to Southwest Communities Authority/County of Riverside in the amount of $30,000 annually; 4. Approve the expenditure for Fiscal Year 2011/2012 payable to Southwest Communities Financing Authority/County of Riverside for debt service in the amount of $42,387. BACKGROUND: The City of Temecula has contracted with Animal Friends of the Valleys, formerly L.E.A.F., since 1995 for animal control services. Animal Friends of the Valleys has performed very well during this period, and City staff, including the Police Department has been very satisfied with the services they provide. On December 7, 2004, the City Council approved Temecula's participation in a Joint Powers Authority referred to as the Southwest Communities Financing Authority (SCFA). The member agencies of the SCFA include the Cities of Temecula, Murrieta, Lake Elsinore, Canyon Lake, and the County of Riverside. The express purpose of the JPA was to fund and construct an animal shelter, located in Wildomar that will serve the region. The construction of the Southwest Communities Shelter was completed in September 2010, with the grand opening being held the following month. The Southwest Communities Financing Authority Joint Powers Authority contracts with Animal Friends of the Valleys for shelter operations at the new animal shelter. Services include vaccination clinics, adoption clinics, impoundment of stray animals, licensing, and food. On January 25, 2011, the City Council approved a five-year Agreement with AFV for animal control services and sheltering services in the monthly amount of $10,000 and $10,625, respectively. On May 12, 2011, the SCFA approved and authorized the County of Riverside to bill all member cities monthly costs for shelter operations. Therefore, staff is recommending an amendment to the AFV agreement to exclude sheltering services and authorize the sheltering payment to the County of Riverside, pursuant to previous SCFA action. Animal control service costs will still continue to be paid per the agreement in the amount of $10,000 per month directly to Animal Friends of the Valleys. Sheltering service costs, in the amount of $10,625 monthly, will be paid to Southwest Communities Financing Authority (SCFA) program administrator for the County of Riverside. The annual sheltering costs are set based on Temecula animal counts. The updated sheltering rates will be presented to the City Council in May of each year once they are approved by the SCFA JPA board. This process will ensure that the City Council is aware of Temecula's annual contributions, which will also be adopted as part of the Operating Budget. FISCAL IMPACT: All costs associated with these actions in FY 2011-12 have been included in the Operating Budget and future costs will be budgeted accordingly in future Fiscal Years. ATTACHMENTS: Amended Contract with Animal Friends of the Valleys (aka L. E.A.F.) FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND ANIMAL FRIENDS OF THE VALLEYS (aka L.E.A.F.) ANIMAL CONTROL SERVICES THIS FIRST AMENDMENT is made and entered into as of November 22, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Animal Friends of the Valleys, a non-profit (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On January 1, 2011, the City and Contractor entered into that certain Agreement entitled "Agreement for Animal Control and Sheltering Services Between the City of Temecula and Animal Friends of the Valleys (aka L.E.A.F.)", in the amount of $247,500 annually, plus contingency in the amount of $30,000 annually. b. The parties now desire to modify the scope of work to exclude sheltering services, decrease the payment in the amount of $127,500 annually as the City is obligated to pay the Southwest Communities Financing Authority directly for sheltering services per joint powers agreement for the Animal Shelter to which the City is a party, and to amend the Agreement as set forth in this Amendment. 2. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms 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. The FIRST Amendment amount shall not exceed one hundred twenty thousand dollars ($120,000) annually, plus Contingency of thirty thousand dollars ($30,000) annually for animal control services for a total annual Agreement amount of one hundred fifty thousand dollars ($150,000). 3. Exhibit "A" to the Agreement is hereby amended by amending thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Exhibit "C" to the Agreement is hereby amended by deleting Exhibit "C". 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA ANIMAL FRIENDS OF THE VALLEY (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Shawn D. Nelson, City Manager ATTEST: Kristine M. Anderson, President By: By: Susan W. Jones, MMC, Marcene Carre, Secretary City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City CONSULTANT Attorney Animal Friends of the Valley Willa Bagwell 33751 Mission Trail, Wildomar, CA 92595 (951) 674-0618 2 FSM Initials: Date: Attachment A Exhibit A Attached hereto and incorporated herein is the amended Section "b" "(b) Sheltering. Animals are to be sheltered exclusively at the Southwest Animal Shelter in accordance with the Southwest Community Financing Authority (SCFA) standards except that the City of Temecula shall pay to SCFA all costs of sheltering animals from the City of Temecula." 3 Item No. 11 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: November 22, 2011 SUBJECT: Support for HR 41, the Beauty Mountain and Agua Tibia Wilderness Act of 2011 PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE HOUSE OF REPRESENTATIVES BILL HR 41 (ISSA) FOR THE BEAUTY MOUNTAIN AND AGUA TIBIA WILDERNESS ACT OF 2011 BACKGROUND: Public Law 93-632, enacted by the United States Congress, designated the Agua Tibia Wilderness area in 1975 on 17,924 acres of public land. The Agua Tibia Wilderness is managed by the Bureau of Land Management and the Forest Service in Riverside and San Diego Counties. The Omnibus Public Land Management Act of 2009 designated the Beauty Mountain Wilderness on 15,600 acres of public lands managed by the Bureau of Land Management (BLM) in Riverside County, California. This designation constituted the northern half of the Beauty Mountain Wilderness Study Area (WSA) within Riverside County; the law did not address the southern half of Beauty Mountain within San Diego County. On January 5, 2011, Congressman Darrell Issa introduced legislation that would expand the existing Agua Tibia Wilderness area by 7,796 acres, expand the Beauty Mountain Wilderness area by 13,635 acres. Both wilderness areas serve as critical plant and wildlife migration corridors between Anza-Borrego Desert State Park and the coastal mountains of Riverside and San Diego counties, and are characterized by deep canyons, coastal sage scrub, oak woodlands, and fascinating rock formations. The bill is consistent with the City's Quality of Life Master Plan, the City's Sustainability Plan, and will enhance the local tourism economy by improving recreation opportunities with a new campground and trailhead adjacent to the Beauty Mountain Wilderness area, and it will ensure that magnificent scenery and rich wildlife habitat are conserved for future generations. FISCAL IMPACT: None. ATTACHMENTS: Resolution RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE HOUSE OF REPRESENTATIVES BILL HR 41 (ISSA) FOR THE BEAUTY MOUNTAIN AND AGUA TIBIA WILDERNESS ACT OF 2011 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The United States Congress designated the Agua Tibia Wilderness area in 1975 (Public Law 93-632) on 17,924 acres of public lands managed by the Bureau of Land Management and the Forest Service in Riverside and San Diego Counties. Section 2. The Omnibus Public Land Management Act of 2009 designated the Beauty Mountain Wilderness area on 15,600 acres of public lands managed by the Bureau of Land Management (BLM) in Riverside County. Section 3. On January 5, 2011, Congressman Darrell Issa introduced legislation that would expand the existing Agua Tibia Wilderness area by 7,796 acres, expand the Beauty Mountain Wilderness area by 13,635 acres. Section 4. The Beauty Mountain Wilderness area and the Agua Tibia Wilderness area serve as critical plant and wildlife migration corridors between Anza- Borrego Desert State Park and the Cleveland National Forest coastal mountains of Riverside and San Diego counties. Section 5. The expansion of the wilderness areas will enhance local tourism and improve recreational opportunities for future generations. Section 6. Support for this bill is consistent with the goals of the City's General Plan, Quality of Life Master Plan and Sustainability Plan. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22 day November of, 2011. Ron Roberts, 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. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of November, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Item No. 12 Approvals City Attorney Director of Finance City Manager OcL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Bob Johnson, Assistant City Manager DATE: November 22, 2011 SUBJECT: Agreement for funding the acquisition of open space property (Assessor's Parcel No. 940-030-002) Morgan Stanley Trust, between Western Riverside County Regional Conservation Authority and the City of Temecula PREPARED BY: Theresa Harris, Development Processing Coordinator RECOMMENDATION: Approve the funding agreement for the acquisition of open space property (Assessor's Parcel No. 940-030-002) Morgan Stanley Trust, between the Western Riverside County Regional Conservation Authority (RCA) and the City of Temecula in the amount of $154,000. BACKGROUND: The Morgan Stanley Trust, owner of a 19.35 acre parcel on Rancho California Road, has agreed to sell its land to the RCA for permanent open space. The RCA, serving as the City's agent, performed an appraisal, is responsible for closing costs and has agreed to accept and maintain the property in open space in perpetuity. It is anticipated that the RCA Board will approve Morgan Stanley Trust, acquisition on December 5, 2011. FISCAL IMPACT: 1. The appraised value and sale price is $154,000. 2. The 2011-12 Capital Improvement Open Space Acquisition Program has earmarked $300,000 for open space acquisition 3. The source of funds is from DIF Open Space ATTACHMENTS: Agreement Map AGREEMENT FOR FUNDING THE ACQUISITION OF OPEN SPACE PROPERTY BETWEEN WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND CITY OF TEMECULA (MORGAN STANLEY/STARK TRUST PROPERTY) THIS AGREEMENT is made and entered into by and between the Western Riverside County Regional Conservation Authority, a public agency and joint powers authority ("RCA") and the City of Temecula, a municipal corporation ("City") and shall be dated as of , 2011. In consideration of the mutual covenants and obligations set forth herein, the parties agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and purposes, which each party finds and determines to be true and correct: A. RCA is a joint powers authority, of which the City is a member agency, that was formed to implement the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"), a multi jurisdictional habitat conservation plan focusing on the conservation of both sensitive species and associated habitats to address biological and ecological diversity conservation needs in western Riverside County, and setting aside significant areas of undisturbed land for the conservation of sensitive habitat while preserving open space and recreational opportunities. B. RCA has entered into that certain agreement dated as of 2011, entitled "AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY WITH ESCROW INSTRUCTIONS" with , Trustee of the James W. and Francis G. Stark U/A 8/8/2001 ("Purchase Agreement") for the purchase of approximately 19.35 acres of real property located in the unincorporated area of the County of Riverside and abutting the City of Temecula, California, also known as Assessor's Parcel Number 940-030-002-6 (the "Property"), more particularly described in the Legal Description attached as Exhibit A and incorporated herein as though set forth in full. C. RCA will designate the Property as Additional Reserve Lands pursuant to the MSHCP. (1 MSHCP, §§ 3.2.1 & 3.2.2; Implementing Agreement, §§ 3.3 & 3.72, p. 4.) D. The Property is located outside of the City boundaries, but within the City's Sphere of Influence. E. Acquisition of the Property and its dedication to open space and trail purposes will provide substantial value to the City of Temecula. The Property is a prominent natural feature dominating the western viewscape for the City in the areas known as the "Escarpment." Use of the Property for these purposes the fulfills goals and policies of the Open Space/Conservation Element of the General Plan for the City of Temecula and particularly the following: Goal 3, conservation of important biological habitats and protection of plant and animal species of concern, wildlife movement corridors, and general biodiversity; Goal 5, conservation of open space areas for a balance of recreation, scenic enjoyment, and protection of natural resources and features; Policy 5.1, conserve the western escarpment and southern 26493.00283\7021683.1 ridgelines, the Santa Margarita River, slopes in Sphere of Influence; and Goal 8, development of a trail system that serves both recreational and transportation needs. F. City desires to assist the RCA in funding the purchase of the Property. G. Acquisition of the Property by RCA with the contribution from the City and the dedication of the Property to open space and trail purposes is consistent with the City's General Plan and each element thereof. H. The City Council has duly considered all terms and conditions of this Agreement and finds and determines that the Agreement is in the best interests of the 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. 2. City Contribution of Funds for Acquisition of Property. A. City shall pay to RCA the sum of ONE HUNDRED FIFTY FOUR THOUSAND AND NO/100'S DOLLARS ($154,000) ("Purchase Price") for the purchase price of the Property. B. City shall pay such sum into the escrow for the purchase of the Property pursuant to the Purchase Agreement ("Escrow") within five (5) business days of notice to the City by RCA that the Escrow is ready to close. RCA's notice to the City shall provide directions for the wiring of the City funds to Escrow. C. Within five (5) business days of the close of Escrow, RCA shall provide City with a copy of the Grant Deed and a closing statement. 3. RCA to Dedicate Property to Open Space and Trail Uses A. As soon as practical, but not later than three (3) months from the date of the close of Escrow, RCA shall record a restrictive covenant, or another similar document, as determined by the RCA, to dedicate the Property to open space and trail uses that would be consistent with the MSHCP. B. City shall be a third party beneficiary to such restrictive covenant or similar document with the right to enforce its provisions. C. City shall consent to such restrictive covenant or similar document prior to its recordation, provided such consent shall not be unreasonably withheld or delayed. 4. Establishment of a Trail System on Property. A. City may use its reasonable efforts to establish a trail system on the Property for pedestrians and equestrians, consistent with the MSHCP. RCA agrees to work with the City to assure the trail system's consistency with the MSHCP. B. City agrees to pay for all costs associated with and undertake all other actions necessary in constructing and maintaining any trail system that may be developed on the 2 26493.00283\7021683.1 Property and agrees to indemnify RCA against any liability, except such liability that may be the result of RCA's negligence. 5. Consideration of Annexation of Property into City. A. City may use its reasonable efforts to investigate the feasibility of annexing the Property into the City. RCA shall cooperate in the process to the extent appropriate. B. Nothing in this Agreement is intended to be, nor shall it be construed to be, a commitment on the part of the City to annex the Property into the City. 6. General A. 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 written notice to the other party: City: With a copy to: RCA: With a copy to: 26493.00283\7021683.1 CITY OF TEMECULA 41000 Main Street Temecula, California 92590 P.O. Box 9033 Temecula, CA 92589-9033 Attention: City Manager Richards, Watson & Gershon 355 South Grand Ave., 40th Floor Los Angeles, CA 90071 Attn: Peter M. Thorson WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY 3403 Tenth Street, Suite 320 P.O. Box 1667 Riverside, CA 92502-1667 Attn: Executive Director Best, Best & Krieger LLP 3750 University Ave., Suite 400 P.O. Box 1028 Riverside, CA 92502-1028 Attn: Michelle Ouellette 3 B. This Agreement is the result of negotiations between the Parties and is intended by the Parties to be a final expression of their understanding with respect to the matters herein contained. This Agreement supersedes any and all other prior agreements and understandings, oral or written, in connection therewith. C. Amendments hereto must be in writing executed by the appropriate authorities of the City and RCA. D. The parties agree that each party has reviewed and revised this Agreement and have had the opportunity to have their counsel and real estate advisors review and revise 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. E. 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 wherever the context so requires. F. Each person signing below personally warrants and represents to the parties that the party he or she represents has approved this Agreement, intends to be bound by its terms and that they are duly authorized to execute this Agreement on behalf of the party they represent. G. The parties acknowledge that time is of the essence in this Agreement. H. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected. I. A waiver or breach of covenant or provision in this Agreement shall not be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for the performance of any other obligation or act. J. Each party acknowledges and agrees that this Agreement is valid, binding and enforceable against the party. K. This Agreement may be executed in one or more counterparts. Each shall be deemed an original and all, taken together, shall constitute one and the same instrument. 4 26493.00283\7021683.1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF TEMECULA, a municipal corporation WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY, a public agency and a joint powers authority Ron Roberts Mayor ATTEST: Charles V. Landry Executive Director ATTEST: Susan W. Jones, MMC Honey Bernas City Clerk Clerk of the RCA Board APPROVED AS TO FORM: APPROVED AS TO FORM: Peter M. Thorson Best Best & Krieger, LLP City Attorney General Counsel 5 26493.00283\7021683.1 EXHIBIT "A" LEGAL DESCRIPTION Parcel 149 of Parcel Map 6835, in the County of Riverside, State of California, as per map recorded in Book 29, Pages 27 to 41, inclusive, of Parcel Maps, in the Office of the County Recorder of said County. APN: 940-030-002-6 Exhibit "A" 26493.00283\7021683.1 Morgan Stanley Trust Habitat Management Unit - Santa Ana Mtns Rough Step Units 5 Area Plan - Southwest Area SubUnit - SU6 - Santa Rosa Plateau r_ HIGHWAYS ® Project Site Criteria Cells _ RCA MSH CP Conserved Lands. General Plan Roads Public/Quasi-Public Conserved Lands 0 0 400 800 1.600 2,400 3,200 4,000 — — Feet egionat onservation Authority 1mem nsrca;urzo October 07, 2010 RC 22300108 Item No. 13 ORDINANCE NO. 11-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 9.60.045 TO THE TEMECULA MUNICIPAL CODE CONCERNING TIME, PLACE, AND MANNER RESTRICTIONS FOR RESIDENCES OF SEX OFFENDERS ON HALLOWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Recitals. The City Council of the City of Temecula hereby finds, determines, and declares that: (a) The City Council is gravely concerned about the high rate of recidivism among convicted sex offenders and their dangerousness as a class. The City Council takes legislative notice of the fact that, based on U.S. Department of Justice statistics, several members of the U.S. Supreme Court recently concluded: "When convicted sex offenders reenter society, they are much more likely than any other type of offender to be rearrested for a new rape or sexual assault" McKune v. Lite, 536 U.S. 24, 33 (2002). (b) On November 7, 2006, the people of the State of California enacted the Sexual Predator Punishment and Control Act: Jessica's Law (also known as Proposition 83). That initiative measure: (i) increases penalties for violent and habitual sex offenders and child molesters; (ii) prohibits sex offenders from residing within 2,000 feet of any school or park; (iii) requires lifetime Global Positioning System monitoring of felony registered sex offenders; (iv) expands the definition of a sexually violent predator; and (v) changes the system for involuntary civil commitment of sexually violent predators. Additionally, that initiative measure authorizes municipalities to enact ordinances that further restrict the residencies for registered sex offenders. (c) The City has a compelling governmental interest in protecting the victims and potential victims of sex offenders in its jurisdiction. The City Council finds that the sex offender residency restrictions imposed by Chapter 9.60 of the Temecula Municipal Code and the time, place and manner restrictions on convicted sex offenders with respect to their residences imposed by this Ordinance are a reasonable means of promoting that governmental interest. (d) There are numerous sex offenders who reside in the City of Temecula, including those on parole. (e) Halloween is an upcoming holiday that is widely celebrated throughout the City by children and their families, who often visit the residences of strangers in efforts to obtain treats on October 31st each year. R:/Ords 2011/Ords 11-09 1 (f) Sex offenders pose an immediate threat to children trick -or -treating on Halloween because children often will engage in a disproportionate number of complete strangers as part of their door-to-door activities. (g) Children are often unaccompanied by their parents or guardians on Halloween. (h) The events of Halloween could put children unknowingly in close proximity to the residences of sexual offenders who have committed violations against children. (i) In enacting this Ordinance and Chapter 9.60, the City Council does not intend to punish sex offenders for their prior illegal conduct. Rather, the purpose of this Ordinance is to create a regulatory and non -punitive scheme to protect children at child day care centers, parks, and schools in Temecula and to protect children in the traditional childrens' trick or treating events in proximity to the residences of sex offenders on Halloween. (j) This Ordinance is enacted by the City Council pursuant to the authority of state law and pursuant to the City of Temecula's general police power to provide for the public health, safety, and general welfare. Section 2. Enactment of Section 9.60.045. Section 9.60.045, Sex Offender Residences Time, Place and Manner Restrictions on Halloween, is hereby added to the Temecula Municipal Code to read as follows: "9.60.045. Sex Offender Residences Time, Place and Manner Restrictions on Halloween. A sex offender between 12:00 a.m. and 11:59 p.m. on October 31 shall: A. Be prohibited from decorating the dwelling in which the sex offender resides with Halloween decorations, and shall remove any such decorations; and B. During the evening hours starting at 5:00 p.m. until 11:59 p.m., leave all exterior residential, decorative, and ornamental lighting off at the dwelling in which the sex offender resides; and C. Be prohibited from answering the door of the dwelling in which the sex offender resides to children who are trick or treating." Section 3. Environmental Determination. The City Council has determined that it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance may have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the R:/Ords 2011/Ords 11-09 2 California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations (the "CEQA Guidelines"). Section 4. Certification. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of November, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:/Ords 2011/Ords 11-09 3 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. 11-09 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 25th day of October, 2011, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of November, 2011, the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk R:/Ords 2011/Ords 11-09 4 TEMECULA COMMUNITY SERVICES DISTRICT Item No. 14 ACTION MINUTES of NOVEMBER 1, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:29 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS CSD CONSENT CALENDAR 6 Action Minutes — Approved Staff Recommendation (5-0-0) — Director Edwards made the motion; it was seconded by Director Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Approve the action minutes of October 25, 2011. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:29 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, November 1, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] CSD Action Minutes1110111 1 Item No. 15 Approvals City Attorney Director of Finance City Manager OcL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Aaron Adams, Assistant City Manager DATE: November 22, 2011 SUBJECT: Monthly Departmental Report PREPARED BY: Gail Zigler, Administrative Assistant A conceptual design for the Old Town Gymnasium project was completed and approved by the Community Services Commission and City Council. The new gymnasium project will include the construction of a regulation size basketball court, restroom facilities, seating for spectators and an office. The project is currently in design development. "Art at the Merc" continues to provide local artists with an opportunity to display their art work. On Friday, November 18, 2011, an artist reception was held for Jamie Tobey. The artwork will be on display in the Gallery at the Merc and the Public Library through December. The Community Services Department has prepared a draft of two Joint Use Agreements for use of Tennis Courts at Erle Stanley Gardner Middle School and Great Oak High School. These agreements are currently being reviewed by the Temecula Valley Unified School District. Once the agreements have been finalized, they will be forwarded for approval by the Community Services Commission and the Board of Directors. The Recreation Division held their annual Halloween Carnival on October 28, 2011. The event was complete with carnival booths, costume contests, bounce houses and screaming contests. The Recreation Division is busy planning for their many upcoming holiday events including the 14111 Annual Tree Lighting Ceremony, Santa's Electric Light Parade, Winter Wonderland at the Children's Museum, Breakfast with Santa, Holiday Lights and Festive Sights and more. The Winter/Spring 2011 Guide to Leisure Activities was released to the public in mid-November offering over 1200 special interest classes and activities through the winter/spring months. The Friends of the History Museum (Temecula Valley Inc.) and the Friends of the Library were both recipients of a grant from the Roripaugh Family Trust. Approximately $4000 was awarded to the Temecula Valley Inc., and approximately $10,000 was awarded to Friends of the Library, to help both of these groups continue their support of programs offered at these facilities. The Cultural Arts Division is proud to offer the 2011-2012 Season of Temecula Presents. The season calendar offers many opportunities for cultural experiences in the Theater Arts including dance, classical, blues, etc. The Community Services Department released an RFQ to select an Artist for the design, fabrication and installation of public art in Old Town Temecula. The art is envisioned to be installed on 3rd Street just west of Front Street and provide a wonderful art focal point in the Old Town area. Qualifications were due no later than September 27th. Staff reviewed the submittals and selected 6 artists to participate in an interview at the end of November. Staff anticipates bringing forward a recommendation for the Old Town Art Project in January. The project is funded in the Capital Improvement Program. On Saturday, October 22, 2011 the Community Services Department hosted, in conjunction with the City of Murrieta, the Rocktober Music and Performance festival. The program was for youth between the ages of 14 to 20, and hosted a variety of performances including approximately bands, dance groups, acoustic guitar performers and individual singers. The program will ran between 11:OOam and 7:OOpm at the Community Recreation Center, with the overall winner receiving a 3 hour recording session at a local music studio. The Old Town Temecula Community Theater celebrated its 6th anniversary on October 4, 2011. The theater continues to be a huge success and has registered over 30,000 volunteer hours. The TCSD Maintenance Division continues to play an integral role in assisting with the many citywide special events held each month. In addition, the Maintenance Division continues to oversee the maintenance and rehabilitation of all City parks and facilities. REDEVELOPMENT AGENCY Item No. 16 ACTION MINUTES of NOVEMBER 1, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:30 P.M. CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Washington, Roberts, Naggar RDA PUBLIC COMMENTS None. RDA CONSENT CALENDAR 7 Action Minutes — Approved staff recommendation (5-0-0) — Agency Member Comerchero made the motion; it was seconded by Agency Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 7.1 Approve the action minutes of October 25, 2011. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 7:31 P.M., the Redevelopment Agency meeting was formally adjourned to Tuesday, November 1, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Chair Person ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] RDA Action Minutes1110111 1 RDA DEPARTMENTAL REPORT Item No. 17 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: November 22, 2011 SUBJECT: Redevelopment Department October Monthly Report 00L RECOMMENDATION: Receive and file. REDEVELOPMENT Town Square Market Place - As part of the Civic Center Master Plan, the City has created a development opportunity for approximately 52,000 square feet of commercial and office space surrounding the Town Square along the reconfigured Main Street. The Agency issued a Request for Interest to select a preferred development partner. On August 26, 2008, the City Council entered into an Exclusive Negotiating Agreement (ENA) with Pelican Properties to develop the project. Pelican has participated in several meetings with Old Town stakeholders and adjacent property owners. They have worked closely with Staff on site planning issues. On January 22, 2009 the Executive Director granted a three-month extension to the Exclusive Negotiating Agreement which expires on May 26, 2009. Due to the state of the economy Staff recommended the Agency extend the ENA an additional six months. On May 26, 2009 Agency Board approved a six (6) month extension to the ENA. Agency Staff met with the Agency sub- committee in February 2010 and received direction to take an extension of one year with the possibility of an additional one year administrative extension which the Agency approved on March 9, 2010. Due to Pelican Property's lack of progress on the project the Agency allowed the ENA to expire in February. Agency staff anticipates going out with a new solicitation of interest in an attempt to identify a preferred developer in which to enter into a ground lease for the future development of the Town Square Marketplace. Facade Improvement Program - The Facade Improvement Program provides funding assistance to Old Town business and property owners to provide exterior improvements to their buildings and property. On June 15, 2011, the City Council approved funding in the amount of $40,000 for FY 2011-2012. However, as of July 1, 2011, this program is currently frozen due to legislation passed by the State of California. This program will remain frozen until staff receives more information regarding the legislation. HOUSING 3rd and Front Street Development - On February 22, 2011 the Agency board approved the Owner Participation Agreement between the Agency and Front Street Plaza Partners Inc for the development of a 25 -unit affordable housing development at the southwest corner of Old Town Front Street and 3rd Street. Of the 25 units in the proposed development, 23 will be restricted at affordable rents for 55 years. The remaining 2 units will be rented at market rate rents. The development itself is to include restaurant space on the ground floor with office and residential space on floors two through four. Plans call for a gated garage that would provide a total of 25 parking spaces, or one space per residential unit. Agency funding for this development will come at the completion of the project. The developer is currently working to secure construction financing. AMCAL Puiol Apartments - On February 22, 2011 the Agency board approved the Owner Participation and Grant Agreement between the Agency and AMCAL Pujol Fund L.P. for the development of a 45 -unit affordable housing development on the west side of Pujol Street between Main Street and First Street. The plans call for the development of 45 affordable units on 1.5 acres. The site will include a parking garage with two designated spots per residential unit. The units themselves will consist of a mix of two and three bedroom units. Additionally the site will include a pool and community room. The Developer closed escrow on a portion of the property and received entitlements for the project at the Planning Commission Meeting on August 3, 2011. The developer submitted their Tax Credit Application in September. The Developer plans to close on the balance of the property by the end of by the end of the calendar year. First Time Homebuyers Program - This down payment assistance program allows qualifying households to purchase homes in the $200,000-$300,000 price range. On June 15, 2011, the City Council approved funding in the amount of $750,000 for FY 2011-2012. However, as of July 1, 2011, this program is currently frozen due to legislation passed by the State of California. This program will remain frozen until staff receives more information regarding the legislation. Summerhouse - The developer has completed phase one of the project which includes 20 low income residential units. The developer has recently applied for tax credits but was unsuccessful in acquiring an allocation. Staff and the Developer are currently discussing the most appropriate course of action to move forward with the next phase of the project which includes the construction of an additional 60 units. Residential Improvement Program - The Residential Improvement Program (RIP) provides funding assistance to low and moderate income level homeowners to do exterior improvements to their home and property. On June 15, 2011, the City Council approved funding in the amount of $400,000 for FY 2011-2012. However, as of July 1, 2011, this program is currently frozen due to legislation passed by the State of California. This program will remain frozen until staff receives more information regarding the legislation. Supportive Housing/Services - The Agency, in collaboration with the Temecula Housing Authority, intends to continue to serve the needs of the low and moderate income households and individuals by continuing to construct affordable housing units within the City. In addition to its efforts to construct new units, the Agency also intends to provide Supportive Services to assist moderate, low, very low and extremely income households and individuals within the community. Supportive Services will include, providing housing, food, clothing, counseling, health care and day care services, among other services, to assist these families and individuals. In order to achieve this, a number of specific action steps have been identified to meet the needs of these populations. The recommended action steps were approved by City Council on May 10, 2011. TEMECULA PUBLIC FINANCING AUTHORITY Item No. 18 ACTION MINUTES of JULY 26, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA PUBLIC FINANCING AUTHORITY The Temecula Public Financing Authority convened at 7:20 P.M. CALL TO ORDER: Chair Person Ron Roberts Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Washington, Roberts TPFA PUBLIC COMMENTS There were no public comments. TPFA CONSENT CALENDAR 18 Action Minutes - Approved Staff Recommendation (5-0-0) Agency Member Edwards made the motion; it was seconded by Agency Member Washington and electronic vote reflected unanimous approval. RECOMMENDATION: 18.1 Approve the action minutes of June 14, 2011. 19 Authorization of Special Tax Levy in Community Facilities District No. 03-1 (Crowne Hill) - Approved Staff Recommendation (4-0-1) Agency Member Edwards made the motion; it was seconded by Agency Member Washington and electronic vote reflected approval with the exception of Agency Member Naggar who abstained. RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 11-06 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) R:1Minutes.tpfa1072611 1 20 Authorization of Special Tax Levy in Community Facilities District No. 01-2 (Harveston) - Approved Staff Recommendation (4-0-1) Agency Member Edwards made the motion; it was seconded by Agency Member Washington and electronic vote reflected approval with the exception of Agency Member Comerchero who abstained. RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 11- 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) 21 Authorization of Special Tax Levy in Community Facilities District No. 03-6 (Harveston la- Approved Staff Recommendation (4-0-1) Agency Member Edwards made the motion; it was seconded by Agency Member Washington and electronic vote reflected approval with the exception of Agency Member Comerchero who abstained. RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 11-08 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) 22 Authorization of Special Tax Levy in Community Facilities District No. 03-2 (Roripaugh Ranch) - Approved Staff Recommendation (5-0-0) Agency Member Edwards made the motion; it was seconded by Agency Member Washington and electronic vote reflected unanimous approval. RECOMMENDATION: 22.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 11-09 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) R:1Minutes.tpfa1072611 2 23 Authorization of Special Tax Levy in Community Facilities District No. 03-3 (Wolf Creek) - Approved Staff Recommendation (4-0-1) Agency Member Edwards made the motion; it was seconded by Agency Member Washington and electronic vote reflected approval with the exception of Agency Member Naggar who abstained. RECOMMENDATION: 23.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 11-10 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) ADJOURNMENT At 7:25 P.M., the Temecula Public Financing Authority meeting was formally adjourned to Tuesday, August 9, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., in the City Council Chambers, 41000 Main Street, Temecula, California. Ron Roberts, Chair Person ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:1Minutes.tpfa1072611 3 Item No. 19 Approvals City Attorney Director of Finance City Manager TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director / Authority Members FROM: Genie Wilson, Treasurer DATE: November 22, 2011 SUBJECT: Execution and Delivery of Lease Financing Documents relating to the Refinancing of the 2001 COPs and 2008 COPs RECOMMENDATION: That the Temecula Public Financing Authority: Adopt a resolution entitled: RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS IN CONNECTION WITH THE REFUNDING OF THE CITY OF TEMECULA CERTIFICATES OF PARTICIPATION (2001 CAPITAL IMPROVEMENT FINANCING PROJECT) AND THE CITY OF TEMECULA CERTIFICATES OF PARTICIPATION (2008 TEMECULA CIVIC CENTER FINANCING PROJECT), AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO BACKGROUND: In December 2001, the City delivered $6,465,000 Certificates of Participation (2001 COPs) to refund the Temecula Community Services District (TCSD) 1992 COPs, and to finance the costs of construction of various recreational facilities, including a new community sports park. The 2001 COPs are supported by a combination of General Fund contributions (REST), as well as proceeds of the TCSD special tax levied by the City for purposes of operating, maintaining, and servicing various park and recreation services throughout the City. The 2001 COPs are currently outstanding in the principal amount of $3,860,000. The interest rate on the outstanding 2001 COPs is approximately 4.8%. In March 2008, the City delivered $24,535,000 Certificates of Participation for the 2008 Temecula Civic Center Financing Project (2008 COPs) to finance a portion of the costs of the City's new Civic Center. The remaining costs were funded from cash on hand. The 2008 COPs are supported by the City's General Fund and are currently outstanding in the principal amount of $23,210,000. The interest rate on the outstanding 2008 COPs is approximately 4.8%. In the past, the Authority has used public bond issuances in order to finance and refinance certain capital projects deemed appropriate by the Board. The City worked with an Underwriter and Bond Counsel to prepare and complete a public offering in order to obtain the required financing at the best interest rates available in the market at the time of bond issuance. City staff is regularly reviewing the City's outstanding obligations to determine when refinancing opportunities are available. Compass Mortgage Corporation ("Compass") has presented the City with a refunding opportunity for both the 2001 COPs and the 2008 COPs. The refunding will result in an annual debt service reduction for the 2001 COPs from approximately $490,000 to $485,000 per year. The annual debt service for the 2008 Certificates will increase from approximately $1,570,000 to $1,650,000 per year, but the term of the COPs will be reduced from 27 years to 20 years resulting in annual savings of $1,540,000 per year from 2031-2038. The net present value (NPV) of this refinancing opportunity is approximately $3.76 million. The City will save approximately $9.37 million in interest over the life of the loan. This financing will be a private placement direct placement lease financing with Compass, providing significant savings over a public offering. The City Staff and consultants have been working to prepare the necessary documents to finalize the lease financing, including a Site and Facility Lease, a Lease Agreement, an Assignment Agreement, and related documents. The proceeds of the lease financing will be available on or about December 2, 2011, and the 2001 COPs and the 2008 COPs will be redeemed on that date. The City's payment obligation with respect to the lease financing will be payable from the General Fund. On November 1, 2012, City Council approved a resolution authorizing the execution of the various documents related to the lease financing to be signed by the City including a Site and Facility Lease, a Lease Agreement, and a Letter Agreement for Purchase. The Authority resolution being presented for approval authorizes the execution of the various documents related to the lease financing to be signed by the Authority including a Site and Facility Lease, a Lease Agreement, and an Assignment Agreement. As the interest rate has been set by Compass and is guaranteed for 60 days, the documents are final and the savings are firm. FISCAL IMPACT: The City's payment obligation with respect to the lease financing will be payable from the General Fund. The fiscal impact in fiscal year 2011-12 will be an increase in total debt service payments of approximately $39,000. The refunding will result in an increase in total debt service payments of approximately $75,000 per year from 2012-2031, and a decrease in debt service payments of approximately $1,540,000 per year from 2032-2038. The net present value (NPV) of this refinancing opportunity is approximately $3.76 million. Total interest savings over the life of the loan will be approximately $9.37 million. ATTACHMENTS: Authority Resolution Authorizing execution of Lease Financing Documents Site and Facility Lease Lease Agreement Assignment Agreement Letter Agreement for Purchase Termination Agreement RESOLUTION NO. TPFA 11- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS IN CONNECTION WITH THE REFUNDING OF THE CITY OF TEMECULA CERTIFICATES OF PARTICIPATION (2001 CAPITAL IMPROVEMENT FINANCING PROJECT) AND THE CITY OF TEMECULA CERTIFICATES OF PARTICIPATION (2008 TEMECULA CIVIC CENTER FINANCING PROJECT), AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City, working together with Temecula Public Financing Authority (the "Authority"), has heretofore caused the execution and delivery of (a) the $6,465,000 Certificates of Participation (2001 Capital Improvement Financing Project) (the "2001 Certificates") evidencing direct, undivided fractional interests of the owners thereof in installment payments to be made by the City as the purchase price for certain property pursuant to an installment sale agreement with the Authority, to finance and refinance the construction of various community recreation facilities, and (b) the $24,535,000 Certificates of Participation (2008 Temecula Civic Center Financing Project) (the "2008 Certificates") evidencing direct, undivided fractional interests of the owners thereof in lease payments to be made by the City as the rental for certain property pursuant to a lease agreement with the Authority to finance the construction of the Temecula Civic Center. Section 2. The 2001 Certificates are currently outstanding in the principal amount of $3,860,000, and the 2008 Certificates are currently outstanding in the principal amount of $23,210,000. Section 3. The City has determined at this time, due to prevailing interest rates in the municipal bond market and for other reasons, to refinance its obligations with respect to the 2001 Certificates and the 2008 Certificates. Section 4. It is in the public interest and for the public benefit that the Authority authorize and direct execution of certain financing documents in connection therewith. Section 5. The documents below specified have been filed with the Authority and the members of the Board, with the aid of its staff, have reviewed said documents. NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows: Section 6. The below -enumerated documents, substantially in the forms on file with the Secretary, be and are hereby approved, and the Chairman or the Executive Director, or the designee of any such official, is hereby authorized and directed to execute said documents, with such changes, insertions and omissions as may be approved by such official, the execution thereof to be conclusive evidence of such approval, and the Secretary is hereby authorized and directed to attest to such official's signature: A. A site and facility lease, between the City, as lessor, and the Authority, as lessee (the "Site and Facility Lease"), pursuant to which the City will lease certain existing real property and the improvements thereon (the "Property") to the Authority; B. A lease agreement, by and between the Authority, as lessor, and the City, as lessee (the "Lease Agreement"), pursuant to which the Authority will lease the Property back to the City; C. An assignment agreement, by and between the Authority and Compass Mortgage Corporation (the "Assignee"), pursuant to which the Authority will assign certain of its rights under the Site and Facility Lease and the Lease Agreement, including its right to receive lease payments thereunder, to the Assignee; D. A letter agreement for purchase among Compass Mortgage Corporation, the Authority and the City, whereby Compass Mortgage Corporation agrees to acquire the rights of the Authority to the lease payments to be made by the City under the Lease Agreement and the rights of the Authority under the Site and Facility Lease; and, E. A termination agreement, by and among the City, U.S. Bank National Association, as Trustee for the 2008 Certificates (the "2008 Trustee") and the Authority, whereby the City, the Authority and the 2008 Trustee agree to terminate the documents relating to the 2008 Certificates. Section 7. The Chairman, the Executive Director, the Treasurer, the Secretary and other officials of the Authority are hereby authorized and directed to execute such other agreements, documents and certificates and to take such other actions as may be necessary to effect the purposes of this resolution and the lease financing herein authorized. Section 8. This Resolution shall take effect upon its adoption by the Board. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority of the City of Temecula this 22nd day of November, 2011. Ron Roberts, 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 of the City of Temecula, do hereby certify that the foregoing Resolution No. TPFA 11- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority of the City of Temecula at a meeting thereof held on the 22nd day of November, 2011, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary AFTER RECORDATION PLEASE RETURN TO: Quint & Thimmig LLP 575 Market Street, Suite 3600 San Francisco, CA 94105-2874 Attention: Brian D. Quint, Esq. THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11929 OF THE CALIFORNIA REVENUE AND TAXATION CODE. THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTION 27383 OF THE CALIFORNIA GOVERNMENT CODE. SITE AND FACILITY LEASE Dated as of December 1, 2011 by and between the CITY OF TEMECULA, as Lessor and the TEMECULA PUBLIC FINANCING AUTHORITY, as Lessee SITE AND FACILITY LEASE THIS SITE AND FACILITY LEASE (this "Site and Facility Lease"), dated as of December 1, 2011, is by and between the CITY OF TEMECULA, a municipal corporation and general law city, duly organized and existing under and by virtue of the laws of the State of California (the "City"), as lessor, and the TEMECULA PUBLIC FINANCING AUTHORITY, a joint exercise of powers authority duly organized and existing under and by virtue of the laws of the State of California (the "Authority"), as lessee; WITNESSETH: WHEREAS, pursuant to this Site and Facility Lease, the City proposes to lease those certain parcels of real property situated in the City of Temecula, Riverside County, State of California, more particularly described in Exhibit A attached hereto and made a part hereof (the "Site"), and those certain improvements thereon, more particularly described in Exhibit B hereto (the "Facility" and, with the Site, the "Property"), to the Authority, all for the purpose of enabling the City to (a) refinance the construction of various community recreation facilities and, in particular, to provide for the refunding of the $6,465,000 Certificates of Participation (2001 Capital Improvement Financing Project) evidencing direct, undivided fractional interests of the owners thereof in installment payments to be made by the City as the purchase price for certain property pursuant to an installment sale agreement with the Authority, and (b) refinance the construction of the Temecula Civic Center and, in particular, to provide for the refunding of the $24,535,000 Certificates of Participation (2008 Temecula Civic Center Financing Project) evidencing direct, undivided fractional interests of the owners thereof in lease payments to be made by the City as the rental for certain property pursuant to a lease agreement with the Authority; WHEREAS, the Authority proposes to lease the Property back to the City pursuant to that certain Lease Agreement, dated as of December 1, 2011, a memorandum of which is recorded concurrently herewith (the "Lease Agreement") and to assign all of its rights, title and interest in, to and under this Site and Facility Lease and the Lease Agreement, including its right to receive lease payments under the Lease Agreement (the "Lease Payments"), its right to enforce payment of the Lease Payments and otherwise to enforce its interest and rights under the Lease Agreement in the event of a default thereunder by the City, to Compass Mortgage Corporation (the "Assignee") pursuant to that certain Assignment Agreement, dated as of December 1, 2011, by and between the Authority and the Assignee, and recorded concurrently herewith; NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED, as follows: Section 1. Definitions. Capitalized terms used, but not otherwise defined, in this Site and Facility Lease shall have the meanings ascribed to them in the Lease Agreement. Section 2. Site and Facility Lease. The City hereby leases to the Authority and the Authority hereby leases from the City, on the terms and conditions hereinafter set forth, the Property. Section 3. Term. The term of this Site and Facility Lease shall commence on the date of recordation of this Site and Facility Lease in the Office of the County Recorder of the County of Riverside, State of California, and shall end on December 1, 2031, unless such term is extended or sooner terminated as hereinafter provided. If, on December 1, 2031, the aggregate amount of Lease Payments (as defined in and as payable under the Lease Agreement) shall not have been paid by reason of abatement, default or otherwise, or provision shall not have been made for their payment in accordance with the Lease Agreement, then the term of this Site and Facility Lease shall be extended until such Lease Payments shall be fully paid or provision made for such payment, but in no event later than December 1, 2041. If, prior to December 1, 2031, all Lease Payments shall be fully paid or provision made for such payment in accordance with the Lease Agreement, the term of this Site and Facility Lease shall end. Section 4. Advance Rental Payment. The City agrees to lease the Property to the Authority in consideration of the payment by the Authority of an advance rental payment of $26,835,000. The City and the Authority agree that by reason of the assignment of the Lease Payments to the Assignee under and pursuant to the Assignment Agreement, the advance rental payment referenced in the preceding sentence shall be deemed to have been paid. Section 5. Purpose. The Authority shall use the Property solely for the purpose of leasing the Property to the City pursuant to the Lease Agreement and for such purposes as may be incidental thereto; provided, however, that in the event of default by the City under the Lease Agreement, the Authority and its assigns may exercise the remedies provided in the Lease Agreement. Section 6. City's Interest in the Property. The City covenants that it is the owner in fee of the Property. Section 7. Assignments and Subleases. Unless the City shall be in default under the Lease Agreement, the Authority may not assign its rights under this Site and Facility Lease or sublet the Property, except as provided in the Lease Agreement and the Assignment Agreement, without the written consent of the City and the Assignee. If the City is in default under the Lease Agreement, the Assignee (including its successors and assigns under the Lease Agreement) may fully and freely assign and sublease the Property or any portion thereof, subject to this Site and Facility Lease. Section 8. Right of Entry. The City reserves the right for any of its duly authorized representatives to enter upon the Property at any reasonable time to inspect the same or to make any repairs, improvements or changes necessary for the preservation thereof. Section 9. Termination. The Authority agrees, upon the termination of this Site and Facility Lease, to quit and surrender the Property in the same good order and condition as the same were in at the time of commencement of the term hereunder, reasonable wear and tear excepted, and agrees that any permanent improvements and structures existing upon the Site at the time of the termination of this Site and Facility Lease shall remain thereon and title thereto shall vest in the City. Section 10. Default. In the event the Authority shall be in default in the performance of any obligation on its part to be performed under the terms of this Site and Facility Lease, which default continues for thirty (30) days following notice and demand for correction thereof to the Authority, the City may exercise any and all remedies granted by law, except that no merger of this Site and Facility Lease and of the Lease Agreement shall be deemed to occur as a result thereof and the City shall have no right to terminate this Site and Facility Lease as a remedy for such default. Notwithstanding the foregoing, so long as the Lease Agreement remains in effect, the City will continue to pay the Lease Payments to the Assignee. In the event of the occurrence of an Event of Default under the Lease Agreement, the Authority may (i) exercise the remedies provided in the Lease Agreement, (ii) use the Property -2- for any lawful purpose, subject to any applicable legal limitations or restrictions, and (iii) exercise all options provided herein. Section 11. Quiet Enjoyment. The Authority, at all times during the term of this Site and Facility Lease, shall peaceably and quietly have, hold and enjoy all of the Property subject to the provisions of the Lease Agreement. Section 12. Waiver of Personal Liability. All liabilities under this Site and Facility Lease on the part of the Authority are solely liabilities of the Authority and the City hereby releases each and every Boardmember, director, officer, employee and agent of the Authority of and from any personal or individual liability under this Site and Facility Lease. No Boardmember, director, officer, employee or agent of the Authority shall at any time or under any circumstances be individually or personally liable under this Site and Facility Lease for anything done or omitted to be done by the Authority hereunder. Section 13. Taxes. All assessments of any kind or character and all taxes, including possessory interest taxes, levied or assessed upon the Property or the Authority's interest in the Property created by this Site and Facility Lease(including both land and improvements) will be paid by the City in accordance with the Lease Agreement. Section 14. Eminent Domain. In the event the whole or any part of the Property is taken by eminent domain proceedings, the interest of the Authority shall be recognized and is hereby determined to be the amount of the then unpaid principal component of the Lease Payments, any then unpaid interest component of the Lease Payments and any premium due with respect to the prepayment of Lease Payments to the date such amounts are remitted to the Authority or its assignee, and, subject to the provisions of the Lease Agreement, the balance of the award, if any, shall be paid to the City. The City hereby waives, to the extent permitted by law, any and all rights that it has or may hereafter have to acquire the interest of the Authority in and to the Property through the eminent domain powers of the City. However, the City hereby agrees, to the extent permitted by law, that the compensation to be paid in any condemnation proceedings brought by or on behalf of the City with respect to the Property shall be in an amount not less than the total unpaid principal component of Lease Payments, the interest component of Lease Payments accrued to the date of payment of all Lease Payments and any premium due with respect to the prepayment of Lease Payments under the Lease Agreement. Section 15. Use of the Proceeds. The City and the Authority hereby agree that the lease to the Authority of the City's right and interest in the Property pursuant to Section 2 serves the public purposes of the City. Section 16. Partial Invalidity. If any one or more of the terms, provisions, covenants or conditions of this Site and Facility Lease shall, to any extent, be declared invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, the finding, order or decree of which becomes final, none of the remaining terms, provisions, covenants and conditions of this Site and Facility Lease shall be affected thereby, and each provision of this Site and Facility Lease shall be valid and enforceable to the fullest extent permitted by law. Section 17. Notices. All notices, statements, demands, consents, approvals, authorizations, offers, designations, requests or other communications hereunder by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if delivered personally or if mailed by United States registered mail, return receipt requested, postage prepaid, at the addresses set forth in the Lease Agreement, or to such other addresses as the respective parties may from time to time designate by notice in writing. -3- Section 18. Binding Effect. This Site and Facility Lease shall inure to the benefit of and shall be binding upon the City and the Authority and their respective successors and assigns. The Assignee is hereby made a third party beneficiary hereunder with all rights of a third party beneficiary. Section 19. Amendment. This Site and Facility Lease may not be amended except as permitted under the Lease Agreement. Section 20. Section Headings. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Site and Facility Lease. Section 21. Applicable Law. This Site and Facility Lease shall be governed by and construed in accordance with the laws of the State of California applicable to contracts made and performed in California. Section 22. No Merger. Neither this Site and Facility Lease, the Lease Agreement nor any provisions hereof or thereof shall be construed to effect a merger of the title of the City to the Property under this Site and Facility Lease and the City's leasehold interest therein under the Lease Agreement. Section 23. Execution in Counterparts. This Site and Facility Lease may be executed in any number of counterparts, each of which shall be deemed to be an original but all together shall constitute but one and the same instrument. -4- IN WITNESS WHEREOF, the City and the Authority have caused this Site and Facility Lease to be executed by their respective officers thereunto duly authorized, all as of the day and year first above written. Attest: Susan W. Jones, MMC City Clerk Attest: Susan W. Jones, MMC Secretary -5- CITY OF TEMECULA By Shawn D. Nelson City Manager TEMECULA PUBLIC FINANCING AUTHORITY By Shawn D. Nelson Executive Director [NOTARY ACKNOWLEDGMENTS TO BE ATTACHED] EXHIBIT A DESCRIPTION OF THE SITE All that certain real property situated in the City of Temecula, Riverside County, State of California, described as follows: That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being Parcel 1 of the Official Map No. 2008-0270686, recorded in Book 1, Pages 20 through 22, inclusive of Official Maps in the office of the County Recorder of said County. Except therefrom that portion of aid land described in the Director's Deed recorded November 06, 1987, as Instrument No. 320395, of Official Records. Except from portions of said land together with the right to grant to others all mineral, oil and gas rights below the depth of 500 feet below the surface of said land without the right of surface entry, as reserved by Bedford Development Company, a California corporation, formerly known as Kaiser Development Company, a California corporation in Deed recorded August 21, 1989 as Instrument No. 283725, of Official Records. Exhibit A Page 1 EXHIBIT B DESCRIPTION OF THE FACILITY The Facility consists of the Temecula Civic Center including a city hall office building, attached council chambers and community room totaling approximately 96,795 square feet. Exhibit B AFTER RECORDATION RETURN TO: Quint & Thimmig LLP 575 Market Street, Suite 3600 San Francisco, CA 94105-2874 Attention: Brian D. Quint, Esq. THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11929 OF THE CALIFORNIA REVENUE AND TAXATION CODE. THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTION 27383 OF THE CALIFORNIA GOVERNMENT CODE. LEASE AGREEMENT Dated as of December 1, 2011 by and between the TEMECULA PUBLIC FINANCING AUTHORITY, as Sublessor and the CITY OF TEMECULA, CALIFORNIA, as Sublessee TABLE OF CONTENTS ARTICLE I DEFINITIONS; RULES OF INTERPRETATION Section 1.1. Definitions 2 Section 1.2. Interpretation 5 ARTICLE II COVENANTS, REPRESENTATIONS AND WARRANTIES Section 2.1. Covenants, Representations and Warranties of the City 6 Section 2.2. Covenants, Representations and Warranties of the Authority 8 ARTICLE III DEPOSIT AND APPLICATION OF FUNDS Section 3.1. Deposit of and Application of Funds 10 Section 3.2. Termination of 2001 Installment Sale Agreement and 2008 Lease Agreement 10 ARTICLE IV LEASE OF PROPERTY; LEASE PAYMENTS Section 4.1. Sublease of Property by the Authority Back to the City 11 Section 4.2. Term 11 Section 4.3. Lease Payments 11 Section 4.4. Quiet Enjoyment 13 Section 4.5. Titlel3 Section 4.6. Release of Excess Property 13 Section 4.7. Substitution of Property 14 ARTICLE V MAINTENANCE; TAXES; INSURANCE; AND OTHER MATTERS Section 5.1. Maintenance, Utilities, Taxes and Assessments 15 Section 5.2. Modification of Property 15 Section 5.3. Public Liability Insurance 15 Section 5.4. Casualty Insurance 16 Section 5.5. Rental Interruption Insurance 16 Section 5.6. Worker's Compensation Insurance 16 Section 5.7. Recordation Hereof; Title Insurance 16 Section 5.8. Insurance Net Proceeds; Form of Policies 17 Section 5.9. Installation of City's Personal Property 17 Section 5.10. Liens 17 Section 5.11. Advances 17 Section 5.12. Environmental Covenants 17 Section 5.13. City Consents to Assignment Agreement 18 ARTICLE VI EMINENT DOMAIN; USE OF NET PROCEEDS Section 6.1. Eminent Domain 19 Section 6.2. Application of Net Proceeds 19 Section 6.3. Abatement of Lease Payments in the Event of Damage or Destruction 20 ARTICLE VII OTHER COVENANTS OF THE CITY Section 7.1. Disclaimer of Warranties 22 Section 7.2. Access to the Property; Grant and Conveyance of Right of Entry 22 Section 7.3. Release and Indemnification Covenants 22 Section 7.4. Assignment Agreement by the Authority 23 Section 7.5. Assignment Agreement and Subleasing by the City 23 Section 7.6. Amendment of Lease Agreement 23 Section 7.7. Tax Covenants 23 Section 7.8. Financial Statements; Budgets 24 Section 7.9. Records and Accounts 24 Section 7.10. Observance or Laws and Regulations 24 Section 7.11. Notices 24 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES Section 8.1. Events of Default Defined 26 Section 8.2. Remedies on Default 26 Section 8.3. No Remedy Exclusive 28 Section 8.4. Agreement to Pay Attorneys' Fees and Expenses 28 Section 8.5. No Additional Waiver Implied by One Waiver 28 Section 8.6. Assignee to Exercise Rights 28 ARTICLE IX PREPAYMENT OF LEASE PAYMENTS Section 9.1. Security Deposit 29 Section 9.2. Optional Prepayment 29 Section 9.3. Mandatory Prepayment From Net Proceeds of Insurance or Eminent Domain 30 ARTICLE X MISCELLANEOUS Section 10.1. Notices 31 Section 10.2. Binding Effect 31 Section 10.3. Severability 31 Section 10.4. Net -net -net Lease 31 Section 10.5. Further Assurances and Corrective Instruments 31 Section 10.6. Execution in Counterparts 32 Section 10.7. Applicable Law 32 Section 10.8. Captions 32 EXHIBIT A EXHIBIT B EXHIBIT C DESCRIPTION OF THE SITE DESCRIPTION OF THE FACILITY SCHEDULE OF LEASE PAYMENTS LEASE AGREEMENT THIS LEASE AGREEMENT (the "Lease Agreement"), dated as of December 1, 2011, is by and between the TEMECULA PUBLIC FINANCING AUTHORITY, a joint exercise of powers authority organized and existing under the laws of the State of California, as lessor (the "Authority"), and the CITY OF TEMECULA, a municipal corporation and general law city, duly organized and existing under and by virtue of the laws of the State of California, as lessee (the "City"); WITNESSETH: WHEREAS, pursuant to that certain Site and Facility Lease, dated as of December 1, 2011 (the "Site and Facility Lease"), the City has leased those certain parcels of real property situated in the City of Temecula, Riverside County, State of California, more particularly described in Exhibit A attached hereto and made a part hereof (the "Site"), and those certain improvements thereon, more particularly described in Exhibit B hereto (the "Facility" and, with the Site, the "Property"), to the Authority, all for the purpose of enabling the City to (a) refinance the construction of various community recreation facilities and, in particular, to provide for the refunding of the $6,465,000 Certificates of Participation (2001 Capital Improvement Financing Project) (the "2001 Certificates") evidencing direct, undivided fractional interests of the owners thereof in installment payments to be made by the City as the purchase price for certain property pursuant to an installment sale agreement with the Authority, and (b) refinance the construction of the Temecula Civic Center and, in particular, to provide for the refunding of the $24,535,000 Certificates of Participation (2008 Temecula Civic Center Financing Project) (the "2008 Certificates") evidencing direct, undivided fractional interests of the owners thereof in lease payments to be made by the City as the rental for certain property pursuant to a lease agreement with the Authority; WHEREAS, the Authority proposes to lease the Property back to the City pursuant to this Lease Agreement and to assign all of its rights, title and interest in, to and under this Lease Agreement, including its right to receive lease payments under this Lease Agreement (the "Lease Payments"), its right to enforce payment of the Lease Payments and otherwise to enforce its interest and rights under this Lease Agreement in the event of a default hereunder by the City and its rights under the Site and Facility Lease, to Compass Mortgage Corporation (the "Assignee"), pursuant to that certain Assignment Agreement, dated as of December 1, 2011, by and between the Authority and the Assignee; and WHEREAS, the City and the Authority have agreed to enter into this Lease Agreement providing for Lease Payments with an aggregate principal component in the amount of $26,835,000 for the purpose of implementing the financing transactions described above. AGREEMENT: NOW, THEREFORE, for and in consideration of the premises and the covenants hereinafter contained, the parties hereto hereby formally covenant, agree and bind themselves as follows: ARTICLE I DEFINITIONS; RULES OF INTERPRETATION Section 1.1. Definitions. All terms defined in this Section 1.1 have the meanings herein specified for all purposes of this Lease Agreement. "Additional Payments" means the amounts specified as such in Section 4.3(b) of this Lease Agreement. "Applicable Environmental Laws" means and shall include, but shall not be limited to, the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 USC Sections 9601 et seq.; the Resource Conservation and Recovery Act ("RCRA"), 42 USC Sections 6901 et seq.; the Federal Water Pollution Control Act, 33 USC Sections 1251 et seq.; the Clean Air Act, 42 USC Sections 7401 et seq.; the California Hazardous Waste Control Law ("HWCL"), California Health & Safety Code Sections 25100 et seq.; the Hazardous Substance Account Act ("HSAA"), California Health & Safety Code Sections 25300 et seq.; the Porter - Cologne Water Quality Control Act (the "Porter -Cologne Act"), California Water Code Sections 1300 et seq.; the Air Resources Act, California Health & Safety Code Sections 3900 et seq.; the Safe Drinking Water & Toxic Enforcement Act, California Health & Safety Code Sections 25249.5 et seq.; and the regulations under each thereof; and any other local, state, and/or federal laws or regulations, whether currently in existence or hereafter enacted, that govern: (a) the existence, cleanup, and/or remedy of contamination on property; (b) the protection of the environment from spilled, deposited, or otherwise emplaced contamination; (c) the control of hazardous wastes; or (d) the use, generation, transport, treatment, removal, or recovery of Hazardous Substances, including building materials. "Assignee" means (a) initially, Compass Mortgage Corporation, as assignee of all rights, title and interests of the Authority hereunder, and (b) any other entity to whom the rights of the Authority hereunder are assigned, including subsequent assignees of the Assignee. "Assignment Agreement" means the Assignment Agreement, dated as of December 1, 2011, between the Authority, as assignor of its rights under the Site and Facility Lease and this Lease Agreement, and the Assignee, as assignee, as originally executed or as thereafter amended under any duly authorized and executed amendments thereto. "Authority" means Temecula Public Financing Authority, a joint exercise of powers authority, organized and existing under the laws of the State. "Bond Counsel" means (a) Quint & Thimmig LLP, or (b) any other attorney or firm of attorneys of nationally recognized expertise with respect to legal matters relating to obligations the interest on which is excludable from gross income under Section 103 of the Tax Code. "Business Day" means a day other than a Saturday, Sunday or legal holiday, on which banking institutions are not closed in the State. "City" means the City of Temecula, California, a municipal corporation and general law city organized and existing under the laws of the State. -2- "City Representative" means the Mayor, the City Manager, the Finance Director, or the designee of any such official, or any other person authorized by resolution delivered to the Authority and the Assignee to act on behalf of the City under or with respect to the Site and Facility Lease and this Lease Agreement. "Closing Date" means the date this Lease Agreement or a memorandum thereof is recorded in the office of the County Recorder of the County of Riverside. "Contract" means any indenture, trust agreement, contract, agreement (other than this Lease Agreement), other contractual restriction, lease, mortgage or instrument. "Event of Default" means any of the events of default as defined in Section 8.1. "Facility" means those certain existing facilities more particularly described in Exhibit B to the Site and Facility Lease and in Exhibit B to the Lease Agreement. "Federal Securities" means any direct general non -callable obligations of the United States of America (including obligations issued or held in book entry form on the books of the Department of the Treasury of the United States of America), or obligations the timely payment of principal of and interest on which are directly guaranteed by the United States of America. "Fiscal Year" means each twelve-month period during the Term of this Lease Agreement commencing on July 1 in any calendar year and ending on June 30 in the next succeeding calendar year, or any other twelve-month period selected by the City as its fiscal year period. "Governmental Authority" means any governmental or quasi -governmental entity, including any court, department, commission, board, bureau, agency, administration, central bank, service, district or other instrumentality of any governmental entity or other entity exercising executive, legislative, judicial, taxing, regulatory, fiscal, monetary or administrative powers or functions of or pertaining to government, or any arbitrator, mediator or other person with authority to bind a party at law. "Hazardous Substance" means any substance that shall, at any time, be listed as "hazardous" or "toxic" in any Applicable Environmental Law or that has been or shall be determined at any time by any agency or court to be a hazardous or toxic substance regulated under Applicable Environmental Laws; and also means, without limitation, raw materials, building components, the products of any manufacturing, or other activities on the Property, wastes, petroleum, and source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended (42 USC Sections 3011 et seq.). "Lease Agreement " means this Lease Agreement, dated as of December 1, 2011, between the Authority and the City. "Lease Payment Date" means March 1, June 1, September 1 and December 1 in each year, commencing March 1, 2012, and continuing to and including the date on which the Lease Payments are paid in full. "Lease Payments" means all payments required to be paid by the City under Section 4.4, including any prepayment thereof under Sections 9.2 or 9.3. "Material Adverse Effect" means an event or occurrence which adversely affects in a material manner (a) the assets, liabilities, condition (financial or otherwise), business, facilities or operations of the City, (b) the ability of the City to carry out its business in the manner -3- conducted as of the date of this Lease Agreement or to meet or perform its obligations under this Lease Agreement on a timely basis, (c) the validity or enforceability of this Lease Agreement, or (d) the exclusion of the interest component of the Lease Payments from gross income for federal income tax purposes or the exemption of such interest for state income tax purposes. "Material Litigation" means any action, suit, proceeding, inquiry or investigation against the City in any court or before any arbitrator of any kind or before or by any Governmental Authority, (i) if determined adversely to the City, may have a Material Adverse Effect, (ii) seek to restrain or enjoin any of the transactions contemplated by this Lease Agreement, or (iii) may adversely affect (A) the exclusion of the interest component of the Lease Payments from gross income for federal income tax purposes or the exemption of such interest for state income tax purposes or (B) the ability of the City to perform its obligations under this Lease Agreement. "Net Proceeds" means any insurance or eminent domain award (including any proceeds of sale to a governmental entity under threat of the exercise of eminent domain powers), paid with respect to the Property, to the extent remaining after payment therefrom of all expenses incurred in the collection thereof. "Permitted Encumbrances" means, as of any time: (a) liens for general ad valorem taxes and assessments, if any, not then delinquent, or which the City may permit to remain unpaid under Article VI of this Lease Agreement; (b) the Site and Facility Lease, this Lease Agreement and the Assignment Agreement; (c) that certain office lease, dated as of February 22, 2011, by and between the City and Richards, Watson & Gershon, (d) any right or claim of any mechanic, laborer, materialman, supplier or vendor not filed or perfected in the manner prescribed by law; (e) the exceptions disclosed in the title insurance policy issued with respect to the Property issued as of the Closing Date; and (0 any easements, rights of way, mineral rights, drilling rights and other rights, reservations, covenants, conditions or restrictions which exist of record and which the City certifies in writing will not materially impair the use of the Property for its intended purposes. "Property" means, collectively, the Site and the Facility. "Rental Period" means each period during the Term of the Lease commencing on and including December 2 in each year and extending to and including the next succeeding December 1. The first Rental Period begins on the Closing Date and ends on December 1, 2012. "Site" means that certain real property more particularly described in Exhibit A to the Site and Facility Lease and in Exhibit A to the Lease Agreement. "Site and Facility Lease" means the Site and Facility Lease, dated as of December 1, 2011, by and between the City, as lessor, and the Authority, as lessee, together with any duly authorized and executed amendments thereto. "State" means the State of California. "Tax Code" means the Internal Revenue Code of 1986 as in effect on the Closing Date or (except as otherwise referenced herein) as it may be amended to apply to obligations issued on the Closing Date, together with applicable proposed, temporary and final regulations promulgated, and applicable official public guidance published, under the Tax Code. "Term of this Lease Agreement" or "Term" means the time during which this Lease Agreement is in effect, as provided in Section 4.2. -4- "2001 Certificates" means the $6,465,000 Certificates of Participation (2001 Capital Improvement Financing Project) evidencing direct, undivided fractional interests of the owners thereof in installment payments to be made by the City as the purchase price for certain property pursuant to the 2001 Installment Sale Agreement. "2001 Installment Sale Agreement" means that certain Installment Sale Agreement, dated as of December 1, 2001, by and between the Authority and the City. "2001 Trustee" means U.S. Bank National Association, as Trustee with respect to the 2001 Certificates. "2008 Certificates" means the $24,535,000 Certificates of Participation (2008 Temecula Civic Center Financing Project) evidencing direct, undivided fractional interests of the owners thereof in lease payments to be made by the City as the rental for certain property pursuant to the 2008 Lease Agreement. "2008 Lease Agreement" means that certain Lease Agreement, dated as of June 1, 2008, by and between the Authority and the City. "2008 Trustee" means U.S. Bank National Association, as Trustee with respect to the 2008 Certificates. Section 1.2. Interpretation. (a) Unless the context otherwise indicates, words expressed in the singular include the plural and vice versa and the use of the neuter, masculine, or feminine gender is for convenience only and include the neuter, masculine or feminine gender, as appropriate. (b) Headings of articles and sections herein and the table of contents hereof are solely for convenience of reference, do not constitute a part hereof and do not affect the meaning, construction or effect hereof. (c) All references herein to "Articles," "Sections" and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Lease Agreement; the words "herein," "hereof," "hereby," "hereunder" and other words of similar import refer to this Lease Agreement as a whole and not to any particular Article, Section or subdivision hereof. -5- ARTICLE II COVENANTS, REPRESENTATIONS AND WARRANTIES Section 2.1. Covenants, Representations and Warranties of the City. The City makes the following covenants, representations and warranties to the Authority as of the date of the execution and delivery of this Lease Agreement: (a) Due Organization and Existence. The City is a municipal corporation and general law city, duly organized and existing under and by virtue of the laws of the State, has full legal right, power and authority under the laws of the State to enter into the Site and Facility Lease and this Lease Agreement and to carry out and consummate all transactions on its part contemplated hereby and thereby, and by proper action the City has duly authorized the execution and delivery by the City of the Site and Facility Lease and this Lease Agreement. (b) Due Execution. The representative of the City executing the Site and Facility Lease and this Lease Agreement has been fully authorized to execute the same by a resolution duly adopted by the City Council of the City. (c) Valid, Binding and Enforceable Obligations. The Site and Facility Lease and this Lease Agreement have been duly authorized, executed and delivered by the City and constitute the legal, valid and binding agreements of the City enforceable against the City in accordance with their respective terms. (d) No Conflicts. The execution and delivery of the Site and Facility Lease and this Lease Agreement, the consummation of the transactions therein and herein contemplated and the fulfillment of or compliance with the terms and conditions thereof and hereof, do not and will not conflict with or constitute a violation or breach of or default (with due notice or the passage of time or both) under any applicable law or administrative rule or regulation, or any applicable court or administrative decree or order, or any indenture, mortgage, deed of trust, lease, contract or other agreement or instrument to which the City is a party or by which it or its properties are otherwise subject or bound, or result in the creation or imposition of any prohibited lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of the City, which conflict, violation, breach, default, lien, charge or encumbrance would have consequences that would materially and adversely affect the consummation of the transactions contemplated by the Site and Facility Lease or this Lease Agreement or the financial condition, assets, properties or operations of the City. (e) Consents and Approvals. No consent or approval of any trustee or holder of any indebtedness of the City or of the voters of the City, and no consent, permission, authorization, order or license of, or filing or registration with, any governmental authority is necessary in connection with the execution and delivery of the Site and Facility Lease and this Lease Agreement, or the consummation of any transaction therein and herein contemplated, except as have been obtained or made and as are in full force and effect. (f) No Litigation. There is no action, suit, proceeding, inquiry or investigation before or by any court or federal, state, municipal or other governmental authority pending or, to the knowledge of the City after reasonable investigation, threatened against or affecting the City or the assets, properties or operations of the City which, if determined adversely to the City or its interests, would have a material and adverse effect upon the consummation of the transactions contemplated by or the validity of the Site and Facility Lease and this Lease Agreement or upon the financial condition, assets, properties or operations of the City, and the City is not in default with respect to any order or decree of any court or any order, regulation or demand of any federal, state, municipal or other governmental authority, which default might have -6- consequences that would materially and adversely affect the consummation of the transactions contemplated by this Lease Agreement, or the financial condition, assets, properties or operations of the City. (g) Sufficient Funds. The City reasonably believes that sufficient funds can be obtained to make all Lease Payments and all other amounts required to be paid pursuant to this Lease Agreement. (h) No Defaults. The City has never non -appropriated or defaulted under any of its payment or performance obligations or covenants, either under any financing lease of the same general nature as this Lease Agreement, or under any of its bonds, notes, or other debt obligations. (i) Fee Title. The City is the owner in fee of title to the Property. No lien or encumbrance on the Property materially impairs the City's use of the Property for the purposes for which it is, or may reasonably be expected to be, held. (j) Use of the Property. During the term of this Lease Agreement, the Property will be used by the City only for the purpose of performing one or more governmental or proprietary functions of the City consistent with the permissible scope of the City's authority. (k) Change in Financial Condition. The City has experienced no material change in its financial condition since June 30, 2010. (1) Hazardous Substances. The Property is free of all Hazardous Substances, and the City is in full compliance with all Applicable Environmental Laws. (m) Flooding Risk. The Property is not located in a flood hazard area and has never been subject to material damage from flooding. (n) Value of Property. The insured value of the Property (real property replacement cost) is not less than $40,000,000. (o) Essential to City Operations. The Property is essential to the City's efficient and economic operations and the lease thereof for use by the City is in the best interest of the City. (p) Financial Statements. The statement of financial position of the City as of June 30, 2010, and the related statement of activities and statement of cash flows and changes in financial position for the year then ended and the auditors' reports with respect thereto, copies of which have heretofore been furnished to the Assignee, are complete and correct and fairly present the financial condition, changes in financial position and results of operations of the City at such date and for such period, and were prepared in accordance with generally accepted accounting principles. Since the period of such statements, there has been no (i) change which would have a Material Adverse Effect and (ii) no material increase in the indebtedness of the City. (q) No Material Adverse Change. Since the most current date of the information, financial or otherwise, supplied by the City to the Assignee: (i) There has been no change in the assets, liabilities, financial position or results of operations of the City which might reasonably be anticipated to cause a Material Adverse Effect. (ii) The City has not incurred any obligations or liabilities which might reasonably be anticipated to cause a Material Adverse Effect. -7- (iii) The City has not (A) incurred any material indebtedness, other than the Lease Payments, and trade accounts payable arising in the ordinary course of the City's business and not past due, or (B) guaranteed the indebtedness of any other person. (r) Accuracy of Information. All information, reports and other papers and data furnished by the City to the Assignee were, at the time the same were so furnished, complete and accurate in all material respects and insofar as necessary to give the Assignee a true and accurate knowledge of the subject matter and were provided in expectation of the Assignee's reliance thereon in entering into the transactions contemplated by this Lease Agreement. No fact is known to the City which has had or, so far as the City can now reasonably foresee, may in the future have a Material Adverse Effect, which has not been set forth in the financial statements previously furnished to the Assignee or in other such information, reports, papers and data or otherwise disclosed in writing to the Assignee prior to the Closing Date. Any financial, budget and other projections furnished to the Assignee by the City or its or their agents were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair and reasonable in light of the conditions existing at the time of delivery of such financial, budget or other projections, and represented, and as of the date of this representation, represent the City's best estimate of its future financial performance. No document furnished nor any representation, warranty or other written statement made to the Assignee in connection with the negotiation, preparation or execution of this Lease Agreement contains or will contain any untrue statement of a material fact or omits or will omit to state (as of the date made or furnished) any material fact necessary in order to make the statements contained herein or therein, in light of the circumstances under which they were or will be made, not misleading. Section 2.2. Covenants, Representations and Warranties of the Authority. The Authority makes the following covenants, representations and warranties to the City as of the date of the execution and delivery of this Lease Agreement: (a) Due Organization and Existence. The Authority is a joint powers authority duly organized and existing under the laws of the State, has full legal right, power and authority to enter into the Site and Facility Lease, this Lease Agreement and the Assignment Agreement and to carry out and consummate all transactions on its part contemplated hereby and thereby, and by proper action the Authority has duly authorized the execution and delivery by the Authority of the Site and Facility Lease, this Lease Agreement and the Assignment Agreement. (b) Due Execution. The representative of the Authority executing the Site and Facility Lease, this Lease Agreement and the Assignment Agreement is fully authorized to execute the same under official action taken by the Board of Directors of the Authority. (c) Valid, Binding and Enforceable Obligations. The Site and Facility Lease, this Lease Agreement and the Assignment Agreement have been duly authorized, executed and delivered by the Authority and constitute the legal, valid and binding agreements of the Authority, enforceable against the Authority in accordance with their respective terms. (d) No Conflicts. The execution and delivery of the Site and Facility Lease, this Lease Agreement and the Assignment Agreement, the consummation of the transactions herein and therein contemplated and the fulfillment of or compliance with the terms and conditions hereof and thereof, do not and will not conflict with or constitute a violation or breach of or default (with due notice or the passage of time or both) under any applicable law or administrative rule or regulation, or any applicable court or administrative decree or order, or any indenture, mortgage, deed of trust, lease, contract or other agreement or instrument to which the Authority is a party or by which it or its properties are otherwise subject or bound, or result in the creation -8- or imposition of any prohibited lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of the Authority, which conflict, violation, breach, default, lien, charge or encumbrance would have consequences that would materially and adversely affect the consummation of the transactions contemplated by the Site and Facility Lease, this Lease Agreement and the Assignment Agreement or the financial condition, assets, properties or operations of the Authority. (e) Consents and Approvals. No consent or approval of any trustee or holder of any indebtedness of the Authority, and no consent, permission, authorization, order or license of, or filing or registration with, any governmental authority is necessary in connection with the execution and delivery of the Site and Facility Lease, this Lease Agreement or the Assignment Agreement, or the consummation of any transaction herein or therein contemplated, except as have been obtained or made and as are in full force and effect. (f) No Litigation. There is no action, suit, proceeding, inquiry or investigation before or by any court or federal, state, municipal or other governmental authority pending or, to the knowledge of the Authority after reasonable investigation, threatened against or affecting the Authority or the assets, properties or operations of the Authority which, if determined adversely to the Authority or its interests, would have a material and adverse effect upon the consummation of the transactions contemplated by or the validity of the Site and Facility Lease, this Lease Agreement or the Assignment Agreement, or upon the financial condition, assets, properties or operations of the Authority, and the Authority is not in default with respect to any order or decree of any court or any order, regulation or demand of any federal, state, municipal or other governmental authority, which default might have consequences that would materially and adversely affect the consummation of the transactions contemplated by the Site and Facility Lease, this Lease Agreement or the Assignment Agreement or the financial condition, assets, properties or operations of the Authority. -9- ARTICLE III DEPOSIT AND APPLICATION OF FUNDS Section 3.1. Deposit of and Application of Funds. On the Closing Date, the Authority shall cause the amount of $3,929,990.43 to be deposited with the 2001 Trustee to be used to redeem the 2001 Certificates and the Authority shall cause the amount of $23,491,641.84 (which includes $795,411.00 held by the 2008 Trustee in the reserve fund established for the 2008 Certificates) to be deposited with the 2008 Trustee to be used to redeem the 2008 Certificates. Such amount shall be derived from amounts paid by the Assignee under the Assignment Agreement. In addition, a portion of the amounts paid by the Assignee under the Assignment Agreement (net of amounts retained by the Assignee for its fees) shall be applied by the Assignee to pay financing costs of the transaction in the amount of $208,778.73. Section 3.2. Termination of 2001 Installment Sale Agreement and 2008 Lease Agreement. As a result of the redemption of the 2001 Certificates, the 2001 Installment Sale Agreement has been discharged and terminated in accordance with its terms. As a result of the redemption of the 2008 Certificates, the 2008 Lease Agreement has been discharged and terminated in accordance with its terms. On the Closing Date, the City shall enter into an agreement terminating the 2008 Lease Agreement, and shall cause an executed copy of said agreement to be recorded in the office of the Riverside County Recorder. -10- ARTICLE IV LEASE OF PROPERTY; LEASE PAYMENTS Section 4.1. Sublease of Property by the Authority Back to the City. (a) The Authority hereby subleases the Property to the City, and the City hereby subleases the Property from the Authority, upon the terms and conditions set forth in this Lease Agreement. (b) The leasing of the Property by the City to the Authority pursuant to the Site and Facility Lease shall not affect or result in a merger of the City's subleasehold estate pursuant to this Lease Agreement and its fee estate as lessor under the Site and Facility Lease. Section 4.2. Term. The Term of this Lease Agreement commences on the date of recordation of this Lease Agreement or a memorandum hereof and ends on December 1, 2031, or the date on which all of the Lease Payments have been paid in full. If on December 1, 2031, the Lease Payments payable hereunder shall have been abated at any time and for any reason and not otherwise paid from rental interruption insurance or other sources, or the City shall have defaulted in its payment of Lease Payments hereunder or any Event of Default has occurred and continues without cure by the City, then the term of this Lease Agreement shall be extended for the actual period of abatement or for so long as the default remains uncured, as necessary to accommodate the final payment of all Lease Payments due hereunder, not to exceed ten (10) years. The provisions of this Section 4.2 are subject to the provisions of Section 6.1 relating to the taking in eminent domain of the Property or any portion thereof. Section 4.3. Lease Payments. (a) Obligation to Pay. Subject to the provisions of Sections 6.1 and 6.3 and the provisions of Article IX, the City agrees to pay to the Authority, its successors and assigns, the Lease Payments (denominated into components of principal and interest) in the respective amounts specified in Exhibit C attached hereto (including any supplements thereto) and by this reference incorporated herein, to be due and payable in immediately available funds on each of the respective Lease Payment Dates specified in Exhibit C. The Lease Payments payable in any Rental Period with respect to the Property shall be for the use of the Property during such Rental Period. The interest components of the Lease Payments have been calculated based on an interest rate of 3.75% per annum, on the basis of a 360 -day year of twelve 30 -day months. The City understands that the Assignee will send an invoice to the City in advance of each Lease Payment Date. (b) Additional Payments. In addition to the Lease Payments set forth herein, the City agrees to pay as Additional Payments all of the following: (i) all taxes and assessments of any nature whatsoever, including but not limited to excise taxes, ad valorem taxes, ad valorem and specific lien special assessments and gross receipts taxes, if any, levied upon the Property or upon any interest of the Authority therein or in this Lease Agreement; provided, however, the City may, at the City's expense and in its name, in good faith contest any such taxes and assessments and, in the event of such contest, may permit such taxes and assessments to remain unpaid during the period of such contest and appeal therefrom unless the Authority shall notify the City that, in the opinion of Bond Counsel, by nonpayment of any such items, the interest of the Authority in the Property will be materially endangered or the Property, or any portion thereof, will be subject to loss or forfeiture, in which event the City shall promptly pay such taxes and assessments or provide the -11- Authority with full security against any loss which may result from nonpayment, in form satisfactory to the Authority; (ii) insurance premiums, if any, on all insurance required under the provisions of Article V hereof; (iii) any other reasonable fees, costs or expenses incurred by the Authority in connection with the execution, performance or enforcement of this Lease Agreement or any of the transactions contemplated hereby or related to the Property, including, without limitation, any amounts which may become due; provided, however, the City shall not be responsible for any costs incurred by the Authority associated with any assignment made by the Assignee; and (iv) any amounts required to be paid as rebate to the United States pursuant to the Tax Certificate. Amounts constituting Additional Payments payable hereunder shall be paid by the City directly to the person or persons to whom such amounts shall be payable. The City shall pay all such amounts when due or at such later time as such amounts may be paid without penalty or, in any other case, within 60 days after notice in writing from the Authority to the City stating the amount of Additional Payments then due and payable and the purpose thereof. (c) Effect of Prepayment. If the City prepays all Lease Payments in full under Sections 9.2 or 9.3, the City's obligations under this Section will thereupon cease and terminate. If the City prepays the Lease Payments in part but not in whole under Section 9.3, the principal components of the remaining Lease Payments will be reduced on a pro rata basis; and the interest component of each remaining Lease Payment will be reduced on a pro rata basis. (d) Rate on Overdue Payments. If the City fails to make any of the payments required in this Section 4.3, the payment in default will continue as an obligation of the City until the amount in default has been fully paid, and the City agrees to pay the same with interest thereon, from the date of default to the date of payment at the rate of 12% per annum or any lesser maximum legal rate. (e) Fair Rental Value. The Lease Payments coming due and payable during each Rental Period constitute the total rental for the Property for such Rental Period, and will be paid by the City in each Rental Period for and in consideration of the right of the use and occupancy of, and the continued quiet use and enjoyment of the Property during each Rental Period. The parties hereto have agreed and determined that the total Lease Payments due during each Rental Period are not in excess of the fair rental value of the Property during such Rental Periods. In making this determination, consideration has been given to the estimated fair market value of the Property, the estimated replacement cost of the Property, the uses and purposes which may be served by the Property and the benefits therefrom which will accrue to the City and the general public. (f) Source of Payments; Budget and Appropriation. The Lease Payments are payable from any source of legally available funds of the City, subject to the provisions of Sections 6.1, 6.3 and 9.1. The City covenants to take such action as may be necessary to include all Lease Payments in each of its annual budgets during the Term of this Lease Agreement and to make the necessary annual appropriations for all such Lease Payments. The covenants on the part of the City herein contained constitute duties imposed by law and it is the duty of each and every public official of the City to take such action and do such things as are required by law in the performance of the official duty of such officials to enable the City to carry out and perform the covenants and agreements in this Lease Agreement agreed to be carried out and performed by the City. -12- (g) Allocation of Lease Payments. All Lease Payments received shall be applied first to the interest components of the Lease Payments due hereunder, then to the principal components of the Lease Payments due hereunder, but no such application of any payments that are less than the total rental due and owing shall be deemed a waiver of any default hereunder. (h) No Offsets. Notwithstanding any dispute between the Authority, or Assignee as the Authority's assignee, and the City, the City shall make all Lease Payments when due without deduction or offset of any kind and shall not withhold any Lease Payments pending the final resolution of such dispute. (i) Assignment Agreement. The City understands and agrees that all Lease Payments have been assigned by the Authority to the Assignee under the Assignment Agreement executed concurrently herewith, and the City hereby assents to such assignment. The Authority hereby directs the City, and the City hereby agrees, to pay to the Assignee (or to its assignees as directed pursuant to Section 7.4 hereof) all payments payable by the City under this Section 4.3 and all amounts payable by the City under Article D(. Lease Payments shall be paid to the Assignee as follows: Compass Bank 201 North Hwy 183 Leander, TX 78641 (512) 421-5715 ABA #: 113-010-547 For Credit to: 90124099 DO NOT POST. CONTACT LD&FCPublicFinanceFundingDesk@BBVACompass.com Reference: City of Temecula Section 4.4. Quiet Enjoyment. Throughout the Term of this Lease Agreement, the Authority will provide the City with quiet use and enjoyment of the Property and the City will peaceably and quietly have and hold and enjoy the Property, without suit, trouble or hindrance from the Authority, except as expressly set forth in this Lease Agreement. The Authority will, at the request of the City and at the City's cost, join in any legal action in which the City asserts its right to such possession and enjoyment to the extent the Authority may lawfully do so. Notwithstanding the foregoing, the Authority and the Assignee have the right to inspect the Property as provided in Sections 5.12(c) and 7.2. Section 4.5. Title. At all times during the Term of this Lease Agreement, the City shall hold title to the Property, including all additions which comprise fixtures, repairs, replacements or modifications thereto, subject to Permitted Encumbrances and subject to the provisions of Section 7.2. Upon the termination of this Lease Agreement (other than under Section 8.2(b) hereof), all right, title and interest of the Authority in and to the Property shall be transferred to and vested in the City. Upon the payment in full of all Lease Payments allocable to the Property, or upon the deposit by the City of security for such Lease Payments as provided in Section 9.1, all right, title and interest of the Authority in and to the Property shall be transferred to and vested in the City. The Authority agrees to take any and all steps and execute and record any and all documents reasonably required by the City to consummate any such transfer. Section 4.6. Release of Excess Property. The City may, at any time and from time to time, release any portion of the Property (the "Released Property") from the Lease, with the prior written consent of the Assignee, which consent shall be at the Assignee's sole discretion, and -13- upon satisfaction of all of the following requirements which are conditions precedent to such release: (a) The City shall certify to the Authority and the Assignee that no Event of Default has occurred and is continuing, and no event giving rise to an abatement of Lease Payments under Section 6.3 has occurred or is continuing with respect to the Property to be remaining following release of the Released Property; (b) The City shall file with the Authority and the Assignee, and cause to be recorded in the office of the Riverside County Recorder, an amendment to this Lease Agreement which deletes the Released Property from the description of the Property; (c) The City shall file with the Authority and the Assignee a written certificate of the City stating the City's determination that the estimated value of the real property which will remain leased under this Lease Agreement following such release is at least equal to the original principal components of the Lease Payments and upon request of the Assignee, the City shall provide to the Assignee additional information and documents to evidence the value of the remaining portion of the Property; (d) The City shall file with the Authority and the Assignee a written certificate of the City stating the City's determination that the estimated fair rental value, for each remaining Rental Period and in the aggregate, of the Property remaining after release of the Released Property is at least equal to the remaining Lease Payments for each remaining Rental Period and in the aggregate; and (e) The City shall file with the Authority and the Assignee such other information, documents and instruments as the Authority or the Assignee shall reasonably request, including (if requested by the Assignee) evidence of the insurable value of the Property to be remaining following release of the Released Property, indicating that such value is in excess of the then unpaid principal component of the Lease Payments and such endorsements to the title policy delivered on the Closing Date. Upon the satisfaction of all such conditions precedent, the Term of this Lease Agreement will thereupon end as to the Released Property. The City is not entitled to any reduction, diminution, extension or other modification of the Lease Payments whatsoever as a result of such release. The Authority and the City shall execute, deliver and cause to be recorded all documents required to discharge this Lease Agreement of record against the Released Property. Section 4.7. Substitution of Property. (a) In the event of damage or destruction of the Property due to earthquake or other uninsured casualty for which rental interruption insurance is not available or in the event that following the condemnation of all or a portion of the Property the fair rental value of the Property remaining after such condemnation is less than the remaining Lease Payments due under this Lease Agreement, the City shall substitute under the Site and Facility Lease and this Lease Agreement one or more parcels of unimpaired and unencumbered real property, the fair rental value of which, for each remaining Rental Period and in the aggregate, shall be at least equal to the remaining Lease Payments hereunder. (b) If for any reason the City is unable to so substitute real property for the Property with a fair rental value at least equal to the remaining Lease Payments hereunder, the City shall use its best efforts to obtain other financing in an amount necessary to prepay the principal component of the Lease Payments not supported by the fair rental value of the substituted property, if any. -14- ARTICLE V MAINTENANCE; TAXES; INSURANCE; AND OTHER MATTERS Section 5.1. Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease Agreement, as part of the consideration for the rental of the Property, all improvement, repair and maintenance of the Property are the sole responsibility of the City, and the City will pay for or otherwise arrange for the payment of all utility services supplied to the Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Property resulting from ordinary wear and tear or want of care on the part of the City or any assignee or sublessee thereof. In exchange for the Lease Payments herein provided, the Authority agrees to provide only the Property, as hereinbefore more specifically set forth. The City waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does not limit any of the rights of the City under the terms of this Lease Agreement. The City will pay or cause to be paid all taxes and assessments of any type or nature, if any, charged to the Authority or the City affecting the Property or the respective interests or estates therein; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the City is obligated to pay only such installments as are required to be paid during the Term of this Lease Agreement as and when the same become due. The City may, at the City's expense and in its name, in good faith contest any such taxes, assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless the Authority shall notify the City that, in its reasonable opinion, by nonpayment of any such items the interest of the Authority in the Property will be materially endangered or the Property or any part thereof will be subject to loss or forfeiture, in which event the City will promptly pay such taxes, assessments or charges or provide the Authority with full security against any loss which may result from nonpayment, in form satisfactory to the Authority. The City shall promptly notify the Assignee of any tax, assessment, utility or other charge it elects to contest. Section 5.2. Modification of Property. The City has the right, at its own expense, to make additions, modifications and improvements to the Property or any portion thereof. All additions, modifications and improvements to the Property will thereafter comprise part of the Property and become subject to the provisions of this Lease Agreement. Such additions, modifications and improvements may not in any way damage the Property, or cause the Property to be used for purposes other than those authorized under the provisions of state and federal law; and the Property, upon completion of any additions, modifications and improvements made thereto under this Section, must be of a value which is not substantially less than the value thereof immediately prior to the making of such additions, modifications and improvements. Section 5.3. Public Liability Insurance. The City shall maintain or cause to be maintained throughout the Term of this Lease Agreement a standard comprehensive general liability insurance policy or policies in protection of the City, the Assignee and their respective members, officers, agents, employees and assigns. Said policy or policies shall provide for indemnification of said parties against direct or contingent loss or liability for damages for bodily and personal injury, death or property damage occasioned by reason of the operation of the Property. Such policy or policies must provide coverage with limits of at least $1,000,000 per occurrence, $3,000,000 in the aggregate, for bodily injury and property damage coverage, and -15- excess liability umbrella coverage of at least $5,000,000, and in all events in form and amount (including any deductibles) satisfactory to the Assignee. Such insurance may be maintained as part of or in conjunction with any other insurance coverage carried by the City (including, with Assignee's prior written consent, a self insurance program), and may be maintained in whole or in part in the form of the participation by the City in a joint powers authority or other program providing pooled insurance. The City will apply the proceeds of such liability insurance toward extinguishment or satisfaction of the liability with respect to which such proceeds have been paid. Section 5.4. Casualty Insurance. The City will procure and maintain, or cause to be procured and maintained, throughout the Term of this Lease Agreement, casualty insurance against loss or damage to all buildings situated on the Property and owned by the City, in an amount at least equal to the greater of the replacement value of the insured buildings and the aggregate principal amount of the Lease Payments outstanding, with a lender's loss payable endorsement. Such insurance must, as nearly as practicable, cover loss or damage by all "special form" perils. Such insurance shall be subject to a deductible of not to exceed $250,000. Such insurance may be maintained as part of or in conjunction with any other insurance coverage carried by the City (including, with the Assignee's prior written consent, a self insurance program), and may be maintained in whole or in part in the form of the participation by the City in a joint powers authority or other program providing pooled insurance. The City will apply the Net Proceeds of such insurance as provided in Section 6.2. Section 5.5. Rental Interruption Insurance. The City will procure and maintain, or cause to be procured and maintained, throughout the Term of this Lease Agreement, rental interruption or use and occupancy insurance to cover loss, total or partial, of the use of the Property and the improvements situated thereon as a result of any of the hazards covered in the insurance required by Section 5.4, in an amount at least equal to the maximum Lease Payments coming due and payable during any future 24 month period. Such insurance may be maintained as part of or in conjunction with any other insurance coverage carried by the City, and may be maintained in whole or in part in the form of the participation by the City in a joint powers authority or other program providing pooled insurance; provided that such rental interruption insurance shall not be self-insured by the City. The City will apply the Net Proceeds of such insurance towards the payment of the Lease Payments allocable to the insured improvements as the same become due and payable. Section 5.6. Worker's Compensation Insurance. If required by applicable California law, the City shall carry worker's compensation insurance covering all employees on, in, near or about the Property and, upon request, shall furnish to the Authority certificates evidencing such coverage throughout the Term of this Lease Agreement. Such insurance may be maintained as part of or in conjunction with any other insurance coverage carried by the City (including a self insurance program), and may be maintained in whole or in part in the form of the participation by the City in a joint powers authority or other program providing pooled insurance. Section 5.7. Recordation Hereof; Title Insurance. On or before the Closing Date, the City shall, at its expense, (a) cause this Lease Agreement, the Site and Facility Lease and the Assignment Agreement, or a memorandum hereof or thereof in form and substance approved by Bond Counsel, to be recorded in the office of the Riverside County Recorder with respect to the Property, and (b) obtain a CLTA title insurance policy insuring the Assignee's interests in the leasehold estate established under the Site and Facility Lease and hereunder in the Property, subject only to Permitted Encumbrances, in an amount equal to the original principal components of the Lease Payments. The City will apply the Net Proceeds of such insurance as provided in Section 6.2. -16- Section 5.8. Insurance Net Proceeds; Form of Policies. All insurance policies (or riders) required by this Article V and provided by third party insurance carriers shall be taken out and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State, and shall contain a provision that the insurer shall not cancel or revise coverage thereunder without giving written notice to the insured parties at least ten days before the cancellation or revision becomes effective. Each insurance policy or rider required by Sections 5.3, 5.4 and 5.5 and provided by third party insurance carriers shall name the City and the Assignee as insured parties and the Assignee as loss payee and shall include a lender's loss payable endorsement for the benefit of the Assignee. In the case of coverage pursuant to Section 5.3, the Authority and the Assignee shall be added as an additional insureds. Prior to the Closing Date, the City will deposit with the Assignee policies (and riders and endorsements, if applicable) evidencing any such insurance procured by it, or a certificate or certificates of the respective insurers stating that such insurance is in full force and effect. Before the expiration of any such policy (or rider), the City will furnish to the Assignee evidence that the policy has been renewed or replaced by another policy conforming to the provisions of this Article V unless such insurance is no longer obtainable, in which event the City shall notify the Assignee of such fact. Section 5.9. Installation of City's Personal Property. The City may at any time and from time to time, in its sole discretion and at its own expense, install or permit to be installed other items of equipment or other personal property in or upon the Property. All such items shall remain the sole property of the City, in which the Authority has no interest, and may be modified or removed by the City at any time. The City must repair and restore any and all damage to the Property resulting from the installation, modification or removal of any such items. Nothing in this Lease Agreement prevents the City from purchasing or leasing items to be installed under this Section under a lease or conditional sale agreement, or subject to a vendor's lien or security agreement, as security for the unpaid portion of the purchase price thereof, provided that no such lien or security interest may attach to any part of the Property. Section 5.10. Liens. The City will not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Property, other than as herein contemplated and except for such encumbrances as the City certifies in writing to the Assignee do not materially and adversely affect the leasehold estate in the Property hereunder and for which the Assignee provides its prior written approval, which approval shall be at Assignee's sole discretion. Except as expressly provided in this Article V, the City will promptly, at its own expense, take such action as may be necessary to duly discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim, for which it is responsible, if the same shall arise at any time. The City will reimburse the Assignee for any expense incurred by it in order to discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim. Section 5.11. Advances. If the City fails to perform any of its obligations under this Article V, the Authority may take such action as may be necessary to cure such failure, including the advancement of money, and the City shall be obligated to repay all such advances as additional rental hereunder, with interest at the rate set forth in Section 4.3(c). Section 5.12. Environmental Covenants. (a) Compliance with Laws; No Hazardous Substances. The City will comply with all Applicable Environmental Laws with respect to the Property and will not use, store, generate, treat, transport, or dispose of any Hazardous Substance thereon or in a manner that would cause any Hazardous Substance to later flow, migrate, leak, leach, or otherwise come to rest on or in the Property. -17- (b) Notification of Assignee. The City will transmit copies of all notices, orders, or statements received from any governmental entity concerning violations or asserted violations of Applicable Environmental Laws with respect to the Property and any operations conducted thereon or any conditions existing thereon to the Assignee, and the City will notify the Assignee in writing immediately of any release, discharge, spill, or deposit of any Hazardous Substance that has occurred or is occurring that in any way affects or threatens to affect the Property, or the people, structures, or other property thereon, provided that no such notification shall create any liability or obligation on the part of the Assignee. (c) Access for Inspection. The City will permit the Assignee, its agents, or any experts designated by the Assignee to have full access to the Property during reasonable business hours for purposes of such independent investigation of compliance with all Applicable Environmental Laws, provided that the Assignee has no obligation to do so, or any liability for any failure to do so, or any liability should it do so. Section 5.13. City Consent to Assignment Agreement. The Authority's rights under this Lease Agreement (excluding the right to receive notices, the right to reimbursement of costs and to indemnification), including the right to receive and enforce payment of the Lease Payments, and the Site and Facility Lease, are being assigned to the Assignee pursuant to the Assignment Agreement. The City hereby consents to such assignment and to any additional assignment of such rights by the Assignee or its assignees. The City agrees to execute all documents, including notices of assignment and chattel mortgages or financing statements, which may be reasonably requested by the Assignee or its assignees to protect their interests in the Property and in this Lease Agreement. -18- ARTICLE VI EMINENT DOMAIN; USE OF NET PROCEEDS Section 6.1. Eminent Domain. If all of the Property shall be taken permanently under the power of eminent domain or sold to a governmental entity threatening to exercise the power of eminent domain, the Term of this Lease Agreement shall cease as of the day possession shall be so taken. If less than all of the Property shall be taken permanently, or if all of the Property or any part thereof shall be taken temporarily under the power of eminent domain, (1) this Lease Agreement shall continue in full force and effect and shall not be terminated by virtue of such taking and the parties waive the benefit of any law to the contrary, and (2) there shall be a partial abatement of Lease Payments in an amount equal to the application of the Net Proceeds of any eminent domain award to the prepayment of the Lease Payments hereunder, in an amount to be agreed upon by the City and the Assignee such that the resulting Lease Payments represent fair consideration for the use and occupancy of the remaining usable portion of the Property. Section 6.2. Application of Net Proceeds. (a) From Insurance Award. (i) Any Net Proceeds of insurance against damage to or destruction of any part of the Property collected by the City in the event of any such damage or destruction shall be deposited by the City promptly upon receipt thereof in a special fund with the Assignee designated as the "Insurance and Condemnation Fund." (ii) Within ninety (90) days following the date of such deposit, the City shall determine and notify the Authority and the Assignee in writing of its determination either (A) that the replacement, repair, restoration, modification or improvement of the Property is not economically feasible or in the best interest of the City and the Net Proceeds, together with other moneys available therefor, are sufficient to cause the prepayment of the principal components of all unpaid Lease Payments pursuant to Section 9.3 hereof, or (B) that all or a portion of such Net Proceeds are to be applied to the prompt replacement, repair, restoration, modification or improvement of the damaged or destroyed portions of the Property and the fair rental value of the Property following such repair, restoration, replacement, modification or improvement will at least equal the unpaid principal component of the Lease Payments. (iii) In the event the City's determination is as set forth in clause (A) of subparagraph (ii) above, such Net Proceeds shall be promptly applied to the prepayment of Lease Payments and other amounts pursuant to Section 9.3 of this Lease Agreement; provided, however, that in the event of damage or destruction of the Property in full, such Net Proceeds may be so applied only if sufficient, together with other moneys available therefor, to cause the prepayment of the principal components of all unpaid Lease Payments, all accrued and unpaid interest, Prepayment Premiums described in Section 9.2, and all other costs related to such prepayments pursuant to Section 9.3 of this Lease Agreement and otherwise such Net Proceeds shall be applied to the prompt replacement, repair, restoration, modification or improvement of the Property; provided further, however, that in the event of damage or destruction of the Property in part, such Net Proceeds may be applied to the prepayment of Lease Payments only if the resulting Lease Payments following such prepayment from Net Proceeds represent fair consideration for the remaining portions of the Property and otherwise such Net Proceeds shall be applied to the prompt replacement, repair, -19- restoration, modification or improvement of the Property, evidenced by a certificate signed by a City Representative. (iv) In the event the City's determination is as set forth in clause (B) of subparagraph (ii) above, such Net Proceeds shall be applied to the prompt replacement, repair, restoration, modification or improvement of the damaged or destroyed portions of the Property by the City, and until the Property has been restored to its prior condition, the City shall not place any lien or encumbrance on the Property that is senior to this Lease Agreement without the prior written consent of the Assignee, at its sole discretion. (b) From Eminent Domain Award. If all or any part of the Property shall be taken by eminent domain proceedings (or sold to a government threatening to exercise the power of eminent domain) the Net Proceeds therefrom shall be deposited by the City in the Insurance and Condemnation Fund and shall be applied and disbursed as follows: (i) If the City has given written notice to the Authority and the Assignee of its determination that (A) such eminent domain proceedings have not materially affected the operation of the Property or the ability of the City to meet any of its obligations with respect to the Property under this Lease Agreement, and (B) such proceeds are not needed for repair or rehabilitation of the Property, the City shall so certify to the Authority and the Assignee, and the City shall credit such proceeds towards the prepayment of the Lease Payments pursuant to Section 9.3 of this Lease Agreement. (ii) If the City has given written notice to the Authority and the Assignee of its determination that (A) such eminent domain proceedings have not materially affected the operation of the Property or the ability of the City to meet any of its obligations with respect to the Property under this Lease Agreement, and (B) such proceeds are needed for repair, rehabilitation or replacement of the Property, the City shall so certify to the Authority and the Assignee, and the City shall apply such amounts for such repair or rehabilitation. (iii) If (A) less than all of the Property shall have been taken in such eminent domain proceedings or sold to a government threatening the use of eminent domain powers, and if the City has given written notice to the Authority and the Assignee of its determination that such eminent domain proceedings have materially affected the operation of the Property or the ability of the City to meet any of its obligations with respect to the Property under the Lease Agreement or (B) all of the Property shall have been taken in such eminent domain proceedings, then the City shall credit such proceeds towards the prepayment of the Lease Payments pursuant to Section 9.3 of this Lease Agreement. (iv) In making any determination under this Section 6.2(b), the City may, but shall not be required to, obtain at its expense, the report of an independent engineer or other independent professional consultant, a copy of which shall be filed with the Authority and the Assignee. Any such determination by the City shall be final. (c) From Title Insurance. The Net Proceeds from a title insurance award shall be deposited by the City in the Insurance and Condemnation Fund and credited towards the prepayment of Lease Payments required to be paid pursuant to Section 9.3 of this Lease Agreement. Section 6.3. Abatement of Lease Payments in the Event of Damage or Destruction. Lease Payments shall be abated during any period in which, by reason of damage or destruction, there is substantial interference with the use and occupancy by the City of the Property or any -20- portion thereof to the extent to be agreed upon by the City and the Assignee. The parties agree that the amounts of the Lease Payments under such circumstances shall not be less than the amounts of the unpaid Lease Payments as are then set forth in Exhibit C, unless such unpaid amounts are determined to be greater than the fair rental value of the portions of the Property not damaged or destroyed, based upon an appropriate method of valuation, in which event the Lease Payments shall be abated such that they represent said fair rental value. Such abatement shall continue for the period commencing with such damage or destruction and ending with the substantial completion of the work of repair or reconstruction as evidenced by a Certificate of a City Representative to the Authority and the Assignee. In the event of any such damage or destruction, this Lease Agreement shall continue in full force and effect and the City waives any right to terminate this Lease Agreement by virtue of any such damage and destruction. Notwithstanding the foregoing, there shall be no abatement of Lease Payments under this Section 6.3 to the extent that (a) the proceeds of rental interruption insurance or (b) amounts in the Insurance and Condemnation Fund are available to pay Lease Payments which would otherwise be abated under this Section 6.3, it being hereby declared that such proceeds and amounts constitute special funds for the payment of the Lease Payments. -21- ARTICLE VII OTHER COVENANTS OF THE CITY Section 7.1. Disclaimer of Warranties. THE AUTHORITY MAKES NO AGREEMENT, WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY THE CITY OF THE PROPERTY OR ANY PORTION THEREOF, OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE PROPERTY OR ANY PORTION THEREOF. THE CITY ACKNOWLEDGES THAT THE CITY LEASES THE PROPERTY AS -IS, IT BEING AGREED THAT ALL OF THE AFOREMENTIONED RISKS ARE TO BE BORNE BY THE CITY. In no event is the Authority liable for incidental, indirect, special or consequential damages, in connection with or arising out of this Lease Agreement for the existence, furnishing, functioning or use of the Property by the City. Section 7.2. Access to the Property; Grant and Conveyance of Right of Entry. The City agrees that the Authority, and the Authority's successors or assigns, has the right at all reasonable times, following at least 48 hours written notice provided to the City, to enter upon and to examine and inspect the Property or any part thereof. The City further agrees that the Authority, and the Authority's successors or assigns shall have such rights of access to the Property or any component thereof, following at least 48 hours written notice provided to the City, as may be reasonably necessary to cause the proper maintenance of the Property if the City fails to perform its obligations hereunder. Neither the Authority nor any of its assigns has any obligation to cause such proper maintenance. The City further grants, conveys and confirms to the Authority, for the use, benefit and enjoyment of the Authority, its successors in interest to the Property, including the Assignee, and its sublessees, and their respective employees, invitees, agents, independent contractors, patrons, customers, guests and members of the public visiting the Property, a right of entry which shall be irrevocable for the Term of this Lease Agreement over, across and under the property of the City adjacent to the Property to and from the Property for the purpose of: (a) ingress, egress, passage or access to and from the Property by pedestrian or vehicular traffic; (b) installation, maintenance and replacement of utility wires, cables, conduits and pipes; and (c) other purposes and uses necessary or desirable for access to and from and for operation and maintenance of the Property. Section 7.3. Release and Indemnification Covenants. The City hereby indemnifies the Authority, the Assignee and their respective directors, officers, agents, employees, successors and assigns against all claims, losses and damages, including legal fees and expenses, arising out of (a) the use, maintenance, condition or management of, or from any work or thing done on the Property by the City or the City's employees, agents, contractors, invitees or licensees, (b) any breach or default on the part of the City in the performance of any of its obligations under this Lease Agreement, (c) any negligence or willful misconduct of the City or of any of its agents, contractors, servants, employees or licensees with respect to the Property, (d) any intentional misconduct or negligence of any sublessee of the City with respect to the Property, (e) the acquisition, construction, improvement and equipping of the Property, (f) the clean-up of any Hazardous Substances or toxic wastes from the Property, or (g) any claim alleging violation of any Applicable Environmental Laws, or the authorization of payment of the costs thereof. No indemnification is made under this Section 7.3 or elsewhere in this Lease Agreement for willful misconduct or gross negligence under this Lease Agreement by the Authority, the Assignee, or their respective officers, agents, employees, successors or assigns. The indemnification hereunder shall continue in full force and effect notwithstanding the full payment of all obligations under this Lease Agreement or the termination of the Term of this Lease Agreement -22- for any reason. The City and the Authority each agree to promptly give notice to each other and the Assignee of any claim or liability hereby indemnified against following learning thereof. Section 7.4. Assignment Agreement by the Authority. The Authority's rights, title and interests under this Lease Agreement, including the right to receive and enforce payment of the Lease Payments to be made by the City hereunder, have been assigned to the Assignee. The City hereby consents to such assignment. Whenever in this Lease Agreement any reference is made to the Authority, such reference shall be deemed to refer to the Assignee (including its assignees). The Assignee may make additional assignments of its rights, title and interests herein, but no such assignment will be effective as against the City unless and until the Assignee has filed with the City written notice thereof. The City shall pay all Lease Payments hereunder to the Assignee, as provided in Section 4.3(h) hereof, or under the written direction of the assignee named in the most recent assignment or notice of assignment filed with the City. During the Term of this Lease Agreement, the City will keep a complete and accurate record of all such notices of assignment. Section 7.5. Assignment Agreement and Subleasing by the City. This Lease Agreement may not be assigned, mortgaged, pledged or transferred by the City. The City may sublease the Property, or any portion thereof, with the prior written consent of the Assignee, at the Assignee's sole discretion, subject to all of the following conditions: (a) This Lease Agreement and the obligation of the City to make Lease Payments hereunder shall remain obligations of the City, and any sublease shall be subject and subordinate to this Lease Agreement. (b) The City shall, within 30 days after the delivery thereof, furnish or cause to be furnished to the Authority and the Assignee a true and complete copy of such sublease. (c) No such sublease by the City may cause the Property to be used for a purpose other than as may be authorized under the provisions of the laws of the State. (d) The City shall furnish the Authority and the Assignee with a written opinion of Bond Counsel stating that such sublease does not cause the interest components of the Lease Payments to become includable in gross income for purposes of federal income taxation or to become subject to personal income taxation by the State. (e) Any such sublease shall be subject and subordinate in all respects to the Site and Facility Lease and this Lease Agreement. Notwithstanding the foregoing, in connection with any sublease entered into for financing purposes, the principal component of the then remaining Lease Payments plus the principal component of the sublease payments shall not exceed the fair market value of the Property. Section 7.6. Amendment of Lease Agreement. This Lease Agreement may be amended with the prior written consent of the Authority and the Assignee (at the Assignee's sole discretion) provided such amendment does not, in the Assignee's sole judgment, adversely affect the Assignee. Section 7.7. Tax Covenants. (a) Generally. The City will not take any action or permit to be taken any action within its control which would cause or which, with the passage of time if not cured would cause, the -23- interest components of the Lease Payments to become includable in gross income of the Assignee for federal income tax purposes. (b) Private Activity Bond Limitation. The City will ensure that the proceeds of the Lease Payments are not so used as to cause the City's obligations hereunder to satisfy the private business tests of Section 141(b) of the Tax Code or the private loan financing test of Section 141(c) of the Tax Code. (c) Federal Guarantee Prohibition. The City will not take any action or permit or suffer any action to be taken if the result of the same would be to cause the Lease Payments to be "federally guaranteed" within the meaning of Section 149(b) of the Tax Code. (d) No Arbitrage. The City will not take, or permit or suffer to be taken, any action with respect to the proceeds of the Lease Payments which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the Closing Date would have caused the Lease Payments to be "arbitrage bonds" within the meaning of Section 148(a) of the Tax Code. (e) Arbitrage Rebate. The City will take any and all actions necessary to assure compliance with Section 148(0 of the Tax Code, relating to the rebate of excess investment earnings, if any, to the federal government, to the extent that such section is applicable to the Lease Payments. Section 7.8. Financial Statements; Budgets. Within one hundred eighty (180) days following the end of each Fiscal Year of the City during the Term of this Lease Agreement, the City will provide the Authority and the Assignee with a copy of its audited financial statements for such Fiscal Year. Such audited financial statements shall include the City's Comprehensive Annual Financial Report ("CAFR"), including such information as is required by applicable Government Accounting Standards Board pronouncements and applicable State law. Within thirty (30) days of the end of each fiscal year, the City will provide the Assignee with a copy of its annual budget and any interim updates or modifications to such budget. The City hereby agrees to provide the Assignee with such other information as may be reasonably requested by the Assignee. Section 7.9. Records and Accounts. The City covenants and agrees that it shall keep proper books of record and accounts of its operations, in which complete and correct entries shall be made of all transactions relating to the City. Said books and records shall at all reasonable times be subject to the inspection of the Assignee upon 72 hours' prior notice. Section 7.10. Observance of Laws and Regulations. The City will well and truly keep, observe and perform or cause to be kept, observed and performed all valid and lawful obligations or regulations now or hereafter imposed on it by contract, or prescribed by any law of the United States, or of the State, or by any officer, board or commission having jurisdiction or control, as a condition of the continued enjoyment of any and every right, privilege or franchise now owned or hereafter acquired and enjoyed by the City, including the City's right to exist and carry on business as a municipal corporation, to the end that such rights, privileges and franchises shall be maintained and preserved, and shall not become abandoned, forfeited or in any manner impaired. Section 7.11. Notices. During the Term of this Lease Agreement, the City shall provide to the Assignee: (a) immediate notice by telephone, promptly confirmed in writing, of any event, action or failure to take any action which constitutes an Event of Default under this Lease Agreement, -24- together with a detailed statement by a City representative of the steps being taken by the City to cure the effect of such Event of Default. (b) prompt written notice of any Material Litigation, or any investigation, inquiry or similar proceeding by any Governmental Authority. (c) with reasonable promptness, such other information respecting the City, and the operations, affairs and financial condition of the City as the Assignee may from time to time reasonably request. -25- ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES Section 8.1. Events of Default Defined. Any one or more of the following events constitutes an Event of Default hereunder: (a) Failure by the City to pay any Lease Payment or other payment required to be paid hereunder at the time specified herein. (b) Failure by the City to observe and perform any covenant, condition or agreement on its part to be observed or performed hereunder, other than as referred to in the preceding clause (a) of this Section, for a period of 30 days after written notice specifying such failure and requesting that it be remedied has been given to the City by the Assignee. However, if in the reasonable opinion of the City the failure stated in the notice can be corrected, but not within such 30 -day period, the Authority and the Assignee shall not unreasonably withhold their consent to an extension of such time (for a period not to exceed 60 days) if corrective action is instituted by the City within such 30 -day period and diligently pursued until the default is corrected. (c) The filing by the City of a voluntary petition in bankruptcy, or failure by the City promptly to lift any execution, garnishment or attachment, or adjudication of the City as a bankrupt, or assignment by the City for the benefit of creditors, or the entry by the City into an agreement of composition with creditors, or the approval by a court of competent jurisdiction of a petition applicable to the City in any proceedings instituted under the provisions of the Federal Bankruptcy Code, as amended, or under any similar federal or State act now existing or which may hereafter be enacted. (d) Any statement, representation or warranty made by the City in or pursuant to this Lease Agreement or its execution, delivery or performance shall have been false, incorrect, misleading or breached in any material respect on the date when made. (e) Any default occurs under any other agreement for borrowing money, lease financing of property or otherwise receiving credit under which the City is an obligor, if such default (i) arises under any other agreement for borrowing money, lease financing of property or provision of credit provided by the Assignee or any affiliate of the Assignee, or (ii) arises under any obligation under which there is outstanding, owing or committed an aggregated amount in excess of $500,000. (f) Any default by the City to observe any covenant, condition or agreement on its part to be observed or performed under the Site and Facility Lease. (g) Any court of competent jurisdiction shall find or rule that the Site and Facility Lease or this Lease Agreement is not valid or binding against the City. Section 8.2. Remedies on Default. Whenever any Event of Default has happened and is continuing, the Authority may exercise any and all remedies available under law or granted under this Lease Agreement; provided, however, that notwithstanding anything herein to the contrary, there shall be no right under any circumstances to accelerate the Lease Payments or otherwise declare any Lease Payments not then in default to be immediately due and payable. Each and every covenant hereof to be kept and performed by the City is expressly made a condition and upon the breach thereof the Authority may exercise any and all rights granted hereunder; provided, that no termination of this Lease Agreement shall be effected either by operation of law or acts of the parties hereto, except only in the manner herein expressly -26- provided. Upon the occurrence and during the continuance of any Event of Default, the Authority may exercise any one or more of the following remedies: (a) Enforcement of Payments Without Termination. If the Authority does not elect to terminate this Lease Agreement in the manner hereinafter provided for in subparagraph (b) hereof, the City agrees to and shall remain liable for the payment of all Lease Payments and the performance of all conditions herein contained and shall reimburse the Authority for any deficiency arising out of the re-leasing of the Property, or, if the Authority is unable to re -lease the Property, then for the full amount of all Lease Payments to the end of the Term of this Lease Agreement, but said Lease Payments and/or deficiency shall be payable only at the same time and in the same manner as hereinabove provided for the payment of Lease Payments hereunder, notwithstanding such entry or re-entry by the Authority or any suit in unlawful detainer, or otherwise, brought by the Authority for the purpose of effecting such re-entry or obtaining possession of the Property or the exercise of any other remedy by the Authority. The City hereby irrevocably appoints the Authority as the agent and attorney-in-fact of the City to enter upon and re -lease the Property upon the occurrence and continuation of an Event of Default and to remove all personal property whatsoever situated upon the Property, to place such property in storage or other suitable place in Riverside County for the account of and at the expense of the City, and the City hereby exempts and agrees to save harmless the Authority from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re-leasing of the Property and the removal and storage of such property by the Authority or its duly authorized agents in accordance with the provisions herein contained. The City agrees that the terms of this Lease Agreement constitute full and sufficient notice of the right of the Authority to re -lease the Property in the event of such re-entry without effecting a surrender of this Lease Agreement, and further agrees that no acts of the Authority in effecting such re- leasing shall constitute a surrender or termination of this Lease Agreement irrespective of the term for which such re-leasing is made or the terms and conditions of such re-leasing, or otherwise, but that, on the contrary, in the event of such default by the City the right to terminate this Lease Agreement shall vest in the Authority to be effected in the sole and exclusive manner hereinafter provided for in subparagraph (b) hereof. The City agrees to surrender and quit possession of the Property upon demand of the Authority for the purpose of enabling the Property to be re -let under this paragraph. Any rental obtained by the Authority in excess of the sum of Lease Payments plus costs and expenses incurred by the Authority for its services in re-leasing the Property shall be paid to the City. (b) Termination of Lease. If an Event of Default occurs and is continuing hereunder, the Authority at its option may terminate this Lease Agreement and re -lease all or any portion of the Property, subject to the Site and Facility Lease. If the Authority terminates this Lease Agreement at its option and in the manner hereinafter provided due to a default by the City (and notwithstanding any re-entry upon the Property by the Authority in any manner whatsoever or the re-leasing of the Property), the City nevertheless agrees to pay to the Authority all costs, loss or damages howsoever arising or occurring payable at the same time and in the same manner as is herein provided in the case of payment of Lease Payments and Additional Payments. Any surplus received by the Authority from such re-leasing shall be applied by the Authority to Lease Payments due under this Lease Agreement. Neither notice to pay rent or to deliver up possession of the premises given under law nor any proceeding in unlawful detainer taken by the Authority shall of itself operate to terminate this Lease Agreement, and no termination of this Lease Agreement on account of default by the City shall be or become effective by operation of law, or otherwise, unless and until the Authority shall have given written notice to the City of the election on the part of the Authority to terminate this Lease Agreement. The City covenants and agrees that no surrender of the Property, or of the remainder of the Term hereof or any termination of this Lease Agreement shall be valid in any manner or for any purpose whatsoever unless stated or accepted by the Authority by such written notice. -27- (c) Proceedings at Law or In Equity. If an Event of Default occurs and continues hereunder, the Authority may take whatever action at law or in equity may appear necessary or desirable to collect the amounts then due and thereafter to become due hereunder or to enforce any other of its rights hereunder. (d) Remedies under the Site and Facility Lease. If an Event of Default occurs and continues hereunder, the Authority may exercise its rights under the Site and Facility Lease. Section 8.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Authority is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon the occurrence of any Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Authority to exercise any remedy reserved to it in this Article VIII it shall not be necessary to give any notice, other than such notice as may be required in this Article VIII or by law. Section 8.4. Agreement to Pay Attorneys' Fees and Expenses. If either party to this Lease Agreement defaults under any of the provisions hereof and the nondefaulting party should employ attorneys (including in-house legal counsel) or incur other expenses for the collection of moneys or the enforcement or performance or observance of any obligation or agreement on the part of the defaulting party herein contained, the defaulting party agrees that it will on demand therefor pay to the nondefaulting party the reasonable fees of such attorneys (including allocable costs and expenses of in-house legal counsel, if any) and such other expenses so incurred by the nondefaulting party. Section 8.5. No Additional Waiver Implied by One Waiver. If any agreement contained in this Lease Agreement is breached by either party and thereafter waived by the other party, such waiver is limited to the particular breach so waived and will not be deemed to waive any other breach hereunder. Section 8.6. Assignee to Exercise Rights. Such rights and remedies as are given to the Authority under this Article VIII have been assigned by the Authority to the Assignee, to which assignment the City hereby consents. Such rights and remedies shall be exercised solely by the Assignee. -28- ARTICLE IX PREPAYMENT OF LEASE PAYMENTS Section 9.1. Security Deposit. Notwithstanding any other provision of this Lease Agreement, the City may on any date secure the payment of the Lease Payments in whole or in part by depositing with the Assignee or a fiduciary reasonably satisfactory to the Assignee, in trust, an amount of cash, which shall be held in a segregated trust or escrow fund under a trust or escrow agreement that is in form and content acceptable to the Assignee, which cash so held is either (a) sufficient to pay such Lease Payments, including the principal and interest components thereof, in accordance with the Lease Payment schedule set forth in Exhibit C, or (b) invested in whole in non -callable Federal Securities maturing not later than the dates such funds will be required to make Lease Payments or any prepayment in an amount which is sufficient, in the opinion of an independent certified public accountant (which opinion must be in form and substance, and with such an accountant, acceptable to the Assignee and addressed and delivered to the Assignee), together with interest to accrue thereon and without reinvestment and together with any cash which is so deposited, to pay such Lease Payments when due under Section 4.3(a) or when due on any optional prepayment date under Section 9.2, as the City instructs at the time of said deposit; provided, however, that at or prior to the date on which any such security deposit is established, the City shall deliver to the Assignee an opinion of Bond Counsel (in form and substance acceptable to the Assignee) to the effect that any such security deposit will not adversely affect the excludability of the interest component of Lease Payments from gross income of the Assignee for federal income tax purposes. In the event of a security deposit under this Section with respect to all unpaid Lease Payments, (i) the Term of this Lease Agreement shall continue, (ii) all obligations of the City under this Lease Agreement, and all security provided by this Lease Agreement for said obligations, shall thereupon cease and terminate, excepting only (A) the obligation of the City to make, or cause to be made, all of the Lease Payments from such security deposit and, to the extent of any deficiency, as rent payable from other legally available funds of the City, and (B) the release and indemnification obligations of the City under subparagraphs (f) and (g) of Section 7.3, and (iii) under Section 4.5, the Authority's leasehold interest in the Property will vest in the City on the date of said deposit automatically and without further action by the City or the Authority. The City hereby grants a first priority security interest in and the lien on said security deposit and all proceeds thereof in favor of the Assignee. Said security deposit shall be deemed to be and shall constitute a special fund for the payment of Lease Payments in accordance with the provisions of this Lease Agreement and, notwithstanding anything to the contrary herein, Lease Payments therefrom shall not be subject to abatement under Section 6.3 hereof to the extent payable from the funds held by the Assignee or the fiduciary as described in the first sentence of this Section 9.1. Section 9.2. Optional Prepayment. (a) Prior to December 1, 2021, the City may prepay the principal component of the Lease Payments in full or in part, at a prepayment amount equal to the principal amount of Lease Payments to be prepaid, together accrued interest to the date fixed for prepayment and a prepayment premium equal to the Annual Yield Differential (as defined below) multiplied by the Percent Being Prepaid (as defined below), multiplied by the Average Remaining Outstanding Principal Amount prepaid (as defined below) multiplied by the number of days from the date of the prepayment (the "Prepayment Date") through the date on which the final payment is due (the "Maturity Date"), divided by 360 (the "Prepayment Premium"). The "Annual Yield Differential" is the difference (but not less than zero) between the U.S. Treasury yield (from the Federal Reserve daily H.15 report) on the maturity closest to the final maturity of the Lease Agreement on the Closing Date, and the U.S Treasury yield (from the Federal Reserve daily H.15 report) on the maturity closest to the final maturity of the Lease -29- Agreement at the date of prepayment. The "Average Remaining Outstanding Principal Amount" of the Lease Agreement is defined as the simple average of the existing principal component of the Lease Payments at the date of prepayment and the balance due on the final Interest Payment Date. The "Percent Being Prepaid" shall be determined by dividing the principal component of Lease Payments being prepaid by the existing principal component of Lease Payments. If treasury rates are equal or higher than the rate applicable to the Lease Agreement, there will be no prepayment premium. (b) The City may prepay the principal component of the Lease Payments in full or in part, on any date on and after December 1, 2021, at in a prepayment amount equal to the principal amount of Lease Payments to be prepaid, together accrued interest to the date fixed for prepayment, without premium. Section 9.3. Mandatory Prepayment From Net Proceeds of Insurance or Eminent Domain. The City shall be obligated to prepay the unpaid principal components of the Lease Payments in whole or in part on any date, together with any accrued and unpaid interest, the Prepayment Premium in the manner calculated in Section 9.2(a) if the prepayment occurs prior to December 1, 2021, and any other costs related to such prepayment, from and to the extent of any proceeds of insurance award or condemnation award with respect to the Property to be used for such purpose under Section 6.2. The City and the Authority hereby agree that such proceeds, to the extent remaining after payment of any delinquent Lease Payments, shall be credited towards the City's obligations under this Section 9.3. -30- ARTICLE X MISCELLANEOUS Section 10.1. Notices. Any notice, request, complaint, demand or other communication under this Lease Agreement shall be given by first class mail or personal delivery to the party entitled thereto at its address set forth below, or by facsimile transmission or other form of telecommunication, at its number set forth below. Notice shall be effective either (a) upon transmission by facsimile transmission or other form of telecommunication, (b) 48 hours after deposit in the United States of America first class mail, postage prepaid, or (c) in the case of personal delivery to any person, upon actual receipt. The Authority, the City and the Assignee may, by written notice to the other parties, from time to time modify the address or number to which communications are to be given hereunder. If to the Authority: If to the City: If to the Assignee: Temecula Public Financing Authority c/o City of Temecula 41000 Main Street Temecula, CA 92589 Attention: Finance Director Phone: (951) 694-6430 Fax: (951) 694-6430 City of Temecula 41000 Main Street Temecula, CA 92589 Attention: Finance Director Phone: (951) 694-6430 Fax: (951) 694-6430 Compass Mortgage Corporation 901 Via Piemonte, Suite 140 Ontario, CA 91754 Attention: Senior Vice President Phone: (909) 285-3931 Fax: (909) 285-3936 Section 10.2. Binding Effect. This Lease Agreement inures to the benefit of and is binding upon the Authority, the City and their respective successors and assigns. Section 10.3. Severability. If any provision of this Lease Agreement is held invalid or unenforceable by any court of competent jurisdiction, such holding will not invalidate or render unenforceable any other provision hereof. Section 10.4. Net -net -net Lease. This Lease Agreement is a "net -net -net lease" and the City hereby agrees that the Lease Payments are an absolute net return to the Authority, free and clear of any expenses, charges or set -offs whatsoever. Section 10.5. Further Assurances and Corrective Instruments. The Authority and the City agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Property hereby leased or intended so to be or for carrying out the expressed intention of this Lease Agreement. -31- Section 10.6. Execution in Counterparts. This Lease Agreement may be executed in several counterparts, each of which is an original and all of which constitutes one and the same instrument. Section 10.7. Applicable Law. This Lease Agreement is governed by and construed in accordance with the laws of the State. Section 10.8. Captions. The captions or headings in this Lease Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or section of this Lease Agreement. -32- IN WITNESS WHEREOF, the Authority and the City have caused this Lease Agreement to be executed in their respective names by their duly authorized officers, all as of the date first above written. Attest: Susan W. Jones, MMC Secretary Attest: Susan W. Jones, MMC City Clerk -33- TEMECULA PUBLIC FINANCING AUTHORITY By Shawn D. Nelson Executive Director CITY OF TEMECULA By Shawn D. Nelson City Manager EXHIBIT A DESCRIPTION OF THE SITE All that certain real property situated in the City of Temecula, Riverside County, State of California, described as follows: That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being Parcel 1 of the Official Map No. 2008-0270686, recorded in Book 1, Pages 20 through 22, inclusive of Official Maps in the office of the County Recorder of said County. Except therefrom that portion of aid land described in the Director's Deed recorded November 06, 1987, as Instrument No. 320395, of Official Records. Except from portions of said land together with the right to grant to others all mineral, oil and gas rights below the depth of 500 feet below the surface of said land without the right of surface entry, as reserved by Bedford Development Company, a California corporation, formerly known as Kaiser Development Company, a California corporation in Deed recorded August 21, 1989 as Instrument No. 283725, of Official Records. Exhibit A Page 1 EXHIBIT B DESCRIPTION OF THE FACILITY The Facility consists of the Temecula Civic Center including a city hall office building, attached council chambers and community room totaling approximately 96,795 square feet. Exhibit B EXHIBIT C SCHEDULE OF LEASE PAYMENTS Lease Total Payment Principal Interest Lease Date Component Component (1) Payment 3/1/12 $ 96,000 $248,782.81 $344,782.81 6/1/12 93,000 250,678.13 343,678.13 9/1/12 284,000 249,806.25 533,806.25 12/1/12 287,000 247,143.75 534,143.75 3/1/13 290,000 244,453.13 534,453.13 6/1/13 292,000 241,734.38 533,734.38 9/1/13 295,000 238,996.88 533,996.88 12/1/13 298,000 236,231.25 534,231.25 3/1/14 302,000 233,437.50 535,437.50 6/1/14 304,000 230,606.25 534,606.25 9/1/14 306,000 227,756.25 533,756.25 12/1/14 310,000 224,887.50 534,887.50 3/1/15 313,000 221,981.25 534,981.25 6/1/15 315,000 219,046.88 534,046.88 9/1/15 318,000 216,093.75 534,093.75 12/1/15 321,000 213,112.50 534,112.50 3/1/16 325,000 210,103.13 535,103.13 6/1/16 327,000 207,056.25 534,056.25 9/1/16 331,000 203,990.63 534,990.63 12/1/16 334,000 200,887.50 534,887.50 3/1/17 338,000 197,756.25 535,756.25 6/1/17 340,000 194,587.50 534,587.50 9/1/17 342,000 191,400.00 533,400.00 12/1/17 345,000 188,193.75 533,193.75 3/1/18 350,000 184,959.38 534,959.38 6/1/18 352,000 181,678.13 533,678.13 9/1/18 354,000 178,378.13 532,378.13 12/1/18 358,000 175,059.38 533,059.38 3/1/19 362,000 171,703.13 533,703.13 6/1/19 365,000 168,309.38 533,309.38 9/1/19 368,000 164,887.50 532,887.50 12/1/19 371,000 161,437.50 532,437.50 3/1/20 376,000 157,959.38 533,959.38 6/1/20 378,000 154,434.38 532,434.38 9/1/20 381,000 150,890.63 531,890.63 12/1/20 385,000 147,318.75 532,318.75 3/1/21 389,000 143,709.38 532,709.38 6/1/21 392,000 140,062.50 532,062.50 9/1/21 396,000 136,387.50 532,387.50 12/1/21 399,000 132,675.00 531,675.00 3/1/22 404,000 128,934.38 532,934.38 6/1/22 286,000 125,146.88 411,146.88 9/1/22 289,000 122,465.63 411,465.63 12/1/22 292,000 119,756.25 411,756.25 3/1/23 294,000 117,018.75 411,018.75 6/1/23 297,000 114,262.50 411,262.50 Exhibit C Page 1 9/1/23 300,000 111,478.13 411,478.13 12/1/23 303,000 108,665.63 411,665.63 3/1/24 306,000 105,825.00 411,825.00 6/1/24 309,000 102,956.25 411,956.25 9/1/24 311,000 100,059.38 411,059.38 12/1/24 314,000 97,143.75 411,143.75 3/1/25 317,000 94,200.00 411,200.00 6/1/25 320,000 91,228.13 411,228.13 9/1/25 322,000 88,228.13 410,228.13 12/1/25 325,000 85,209.38 410,209.38 3/1/26 328,000 82,162.50 410,162.50 6/1/26 331,000 79,087.50 410,087.50 9/1/26 334,000 75,984.38 409,984.38 12/1/26 337,000 72,853.13 409,853.13 3/1/27 340,000 69,693.75 409,693.75 6/1/27 344,000 66,506.25 410,506.25 9/1/27 346,000 63,281.25 409,281.25 12/1/27 350,000 60,037.50 410,037.50 3/1/28 353,000 56,756.25 409,756.25 6/1/28 356,000 53,446.88 409,446.88 9/1/28 360,000 50,109.38 410,109.38 12/1/28 363,000 46,734.38 409,734.38 3/1/29 366,000 43,331.25 409,331.25 6/1/29 370,000 39,900.00 409,900.00 9/1/29 373,000 36,431.25 409,431.25 12/1/29 376,000 32,934.38 408,934.38 3/1/30 380,000 29,409.38 409,409.38 6/1/30 383,000 25,846.88 408,846.88 9/1/30 387,000 22,256.25 409,256.25 12/1/30 390,000 18,628.13 408,628.13 3/1/31 394,000 14,971.88 408,971.88 6/1/31 398,000 11,278.13 409,278.13 9/1/31 401,000 7,546.88 408,546.88 12/1/31 404,000 3,787.50 407,787.50 (1) Applicable interest rate is 3.75% per annum. Exhibit C Page 2 AFTER RECORDATION RETURN TO: Quint & Thimmig LLP 575 Market Street, Suite 3600 San Francisco, CA 94105-2874 Attention: Brian D. Quint, Esq. THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTION 27383 OF THE CALIFORNIA GOVERNMENT CODE. ASSIGNMENT AGREEMENT For Value Received, the TEMECULA PUBLIC FINANCING AUTHORITY (the "Authority") without recourse does hereby sell, assign and transfer to COMPASS MORTGAGE CORPORATION (the "Assignee"), and its successors and assigns, (i) all of its rights, title and interest in and to the Lease Agreement, dated as of December 1, 2011, a memorandum of which has been recorded concurrently herewith, by and between the Authority, as sublessor, and the City of Temecula, California (the "City"), as sublessee (said Lease Agreement and any supplements, amendments, annexations, extensions or renewals thereof is referred to hereinafter as the "Lease Agreement"), as well as its rights to enforce payment of Lease Payments (as defined in the Lease Agreement) when due or otherwise to protect its interests and exercise all remedies in the event of a default or termination by the City under the Lease Agreement, (ii) all of its rights, title and interest in and to the Site and Facility Lease, dated as of December 1, 2011, which has been recorded concurrently herewith, by and between the City, as lessor, and the Authority, as lessee (the "Site and Facility Lease"), and (iii) all moneys, sums and amounts now due or hereinafter to become due under the Lease Agreement. The Site and Facility Lease and the Lease Agreement delivered to the Assignee are duly executed duplicate originals that comprise the entire writing, obligation and agreement between the Authority and the City respecting the leases made thereunder and the lease payments made therefor. The Authority represents and warrants as follows: (1) it has made no prior sale or assignment of any interest in the Site and Facility Lease and the Lease Agreement; (2) that the Lease Agreement and Site and Facility Lease are genuine and in all respects are what they purport to be; and (3) that Assignee is not liable for and does not assume responsibility for the performance of any of the covenants, agreements, duties or obligations specified in the Lease Agreement to be kept, paid or performed by the Authority, with exception of such covenants, agreements, duties and obligations (if any) which are expressly made the responsibility of Assignee under the Lease Agreement. The Authority further represents and warrants that as of the date of this Assignment Agreement, the Lease Agreement and Site and Facility Lease are in full force and effect and the City is not in default of any of the terms set forth therein. By its acceptance of this Assignment Agreement, the Assignee represents and warrants (i) the price it has paid in consideration for assignment of the Lease Agreement is $26,835,000; (ii) that it reasonably expects to hold the Lease Agreement for its own account and does not presently expect to sell, assign, or otherwise transfer the Lease Agreement, subject to the Assignee's right to dispose of or otherwise deal with its property (including the Lease Agreement) as it determines to be in its best interests from time to time; and (iii) that it will treat the Lease Agreement as an investment for federal income tax purposes. This Assignment Agreement shall be construed and governed in accordance with the laws of the State of California applicable to contracts made and performed in the State of California. Any provision of this Assignment Agreement found to be prohibited by law shall be ineffective only to the extent of such prohibition, and shall not invalidate the remainder of this Assignment Agreement. This Assignment Agreement binds and inures to the benefit of the parties and their respective successors and assigns. In the event of litigation between the Authority and the Assignee arising under this Assignment Agreement, the prevailing party shall be entitled to recover from the other party all costs and expenses, including attorneys' fees which may be those of in-house counsel, incurred by the prevailing party in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions or provisions of this Assignment Agreement. The Site and the Facility which are the subject of the Site and Facility Lease and the Lease Agreement are set forth in Exhibits A and B attached hereto and by this reference incorporated herein. -2- This Assignment Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Dated as of December 1, 2011 ACCEPTANCE OF ASSIGNMENT: COMPASS MORTGAGE CORPORATION, as Assignee By Name Title -3- TEMECULA PUBLIC FINANCING AUTHORITY By Shawn D. Nelson Executive Director EXHIBIT A DESCRIPTION OF THE SITE All that certain real property situated in the City of Temecula, Riverside County, State of California, described as follows: That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being Parcel 1 of the Official Map No. 2008-0270686, recorded in Book 1, Pages 20 through 22, inclusive of Official Maps in the office of the County Recorder of said County. Except therefrom that portion of aid land described in the Director's Deed recorded November 06, 1987, as Instrument No. 320395, of Official Records. Except from portions of said land together with the right to grant to others all mineral, oil and gas rights below the depth of 500 feet below the surface of said land without the right of surface entry, as reserved by Bedford Development Company, a California corporation, formerly known as Kaiser Development Company, a California corporation in Deed recorded August 21, 1989 as Instrument No. 283725, of Official Records. Exhibit A Page 1 EXHIBIT B DESCRIPTION OF THE FACILITY The Facility consists of the Temecula Civic Center including a city hall office building, attached council chambers and community room totaling approximately 96,795 square feet. Exhibit B Page 1 LETTER AGREEMENT FOR PURCHASE November 2, 2011 City of Temecula, California 41000 Main Street Temecula, CA 92589 Attention: Finance Director Re: $26,835,000 Lease Agreement, dated as of December 1, 2011, by and between the Temecula Public Financing Authority and the City of Temecula, California, assigned to Compass Mortgage Corporation Ladies and Gentlemen: The undersigned, Compass Mortgage Corporation ("Compass"), offers, upon the following terms, to acquire (i) the rights, title and interest of the Temecula Public Financing Authority (the "Authority") under the Lease Agreement (hereinafter defined), including its rights to the Lease Payments to be made by the City of Temecula, California (the "City") under the Lease Agreement, dated as of December 1, 2011 (the "Lease Agreement"), by and between the City and the Authority, by entering into an Assignment Agreement, dated as of December 1, 2011 (the "Assignment Agreement"), with the Authority, and (ii) the rights, title and interest of the Authority under the Site and Facility Lease, dated as of December 1, 2011 (the "Site and Facility Lease"), by and between the City and the Authority. Capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Lease Agreement. 1. Purchase and Purchase Price; Terms of City's Obligations. The City agrees to execute and deliver the Site and Facility Lease and the Lease Agreement, and Compass agrees to purchase the City's obligations under the Lease Agreement at a purchase price of $26,835,000. The Lease Payments under the Lease Agreement and the interest rate applicable thereto shall be as shown in Exhibit A hereto. 2. Use of Funds. The purchase price paid by Compass shall be used by the City to (i) prepay the 2001 Installment Sale Agreement and thereby refund the 2001 Certificates, (ii) prepay the 2008 Lease Agreement and thereby refund the 2008 Certificates, and (iii) pay the costs related to the preparation, execution and delivery of the Lease Agreement, the Site and Facility Lease, the Assignment Agreement and documents related to the refunding of the 2001 Certificates and the 2008 Certificates. 3. Disposition of Proceeds. Upon the Closing Date, as defined below, purchase price paid by Compass shall be transferred as follows: (a) Compass shall transfer, via wire transfer, to U.S. Bank National Association, as trustee for the 2001 Certificates, the amount of $3,929,990.43 to be applied to the prepayment of the 2001 Installment Sale Agreement and the payment and redemption of the 2001 Certificates. Wire information will be provided prior to the Closing Date. (b) Compass shall transfer, via wire transfer, to U.S. Bank National Association, as trustee for the 2008 Certificates and as escrow bank, the amount of $22,696,230.84 to be applied to the prepayment of the 2008 Lease Agreement and the payment and redemption of the 2008 Certificates. Wire information will be provided prior to the Closing Date. (c) Compass shall transfer, via wire transfer, the following amounts to the following entities, in respect of the payment of the costs of the financing transaction: (i} to Brandis Tallman LLC, $70,000.00 (invoice with wire information to be provided prior to the Closing Date); (ii) to Quint & Thimmig LLP, $70,000.00 (invoice with wire information to be provided prior to the Closing Date); (iii) to Kutak Rock LLP, $17,500.00 (e invoice with wire information to be provided prior to the Closing Date); (iv) to Richards, Watson & Gershon, $10,000.00 (invoice with wire information to be provided prior to the Closing Date); (v) to Stewart Title Guaranty Company, $22,994.58 (invoice with wire information to be provided prior to the Closing Date); and (vi) to Fieldman, Rolapp & Associates, $13,000.00 (invoice with wire information to be provided prior to the Closing Date). (d) Compass shall transfer to the City, $5,283.98, to be applied to the City's costs of the transaction or applied to make the first Lease Payment. Wire instructions to be provided prior to the Closing Date. 4. Closing. At 8:00 a.m. California Time, on December 2, 2011, or at such other time or on such earlier or later date as Compass and the City mutually agree upon (the "Closing Date"), the City will deliver (or cause to be delivered) the Site and Facility Lease and the Lease Agreement executed by the City and the Authority, and the Assignment Agreement executed by the Authority and Compass, and Compass will pay the purchase price for the City's obligations as set forth in Section 1 hereof in federal or other immediately available funds. 5. Representations and Warranties of the City. The City represents and warrants to Compass that all representations and warranties of the City set forth in the Lease Agreement are true and correct on the date hereof and are made for the benefit of Compass as if set forth herein. 6. Conditions Precedent to the Closing. Other conditions precedent to the Closing are: (a) The delivery by the City of a certified copy of (i) the resolution of the City Council of the City authorizing the execution and delivery by the City of the Site and Facility Lease and the Lease Agreement, together with an incumbency certificate of the City, and (ii) the resolution of the Board of Directors of the Authority authorizing the execution and delivery by the Authority of the Site and Facility Lease, the Lease Agreement and the Assignment Agreement, together with an incumbency certificate of the Authority; (b) The delivery by the City of the fully executed Site and Facility Lease, Lease Agreement and Assignment Agreement in form and substance acceptable to Compass; (c) The execution and delivery by the City of an Internal Revenue Service Form 8038-G in a form acceptable to Bond Counsel and Compass; -2- (d) Delivery of a legal opinion addressed to the City and Compass, dated the Closing Date, of Quint & Thimmig LLP, as Special Counsel, with respect to (i) the validity and enforceability of the Lease Agreement, the Site and Facility Lease, and the Assignment Agreement by and against the City and the Authority (as applicable), and (ii) the tax-exempt status of the interest component of the Lease Payments, in form and substance acceptable to Compass; (e) The delivery of a certificate dated the Closing Date and signed by the Chair of the City Council, the City Executive Officer, the Treasurer -Tax Collector, or such other officer of the City as the City Council of the City may approve, to the effect that: (i) to the best knowledge of the City, there are no actions or proceedings against the City pending or threatened that adversely affect the City's ability to pay the Lease Payments or to perform its obligations under the Site and Facility Lease and Lease Agreement; (ii) the representations and warranties of the City contained in this agreement and the Lease Agreement are true and correct in all material respects on and as of the Closing Date with the same effect as if made on the Closing Date; and (iii) the City acknowledges receipt from Compass of the purchase price for the City's obligations under the Lease Agreement, including the Lease Payments; (f) The delivery by the City of a title policy for the property that is the subject of the Site and Facility Lease and Lease Agreement in form acceptable to Compass; (g) The execution and delivery by the City of a certificate as to arbitrage; and (h) such other documents as may be reasonably requested by Compass. 7. Events Permitting Compass to Terminate. Compass may terminate its obligation to purchase the City's obligations under the Lease Agreement before the Closing Date if any of the following occurs: (a) any legislative, executive or regulatory action (including the introduction of legislation) or any court decision that, in the judgment of Compass, casts sufficient doubt on the legality of or the tax-exempt status of the interest component of obligations such as those represented by the Lease Agreement and the Lease Payments so as to materially impair the marketability or to materially reduce the market price of such obligations; (b) any action by the Securities and Exchange Commission or a court that would require registration of the Lease Agreement under the Securities Act of 1933, as amended; or (c) any event occurs or becomes known that has a material adverse effect on the financial condition of the City or on the ability of the City or the Authority to perform under the Site and Facility Lease, the Lease Agreement or the Assignment Agreement. -3- IN WITNESS WHEREOF, the parties hereto have executed and entered into this Letter Agreement for Purchase by their officers thereunto duly authorized as of the day and year first above written. The foregoing is hereby agreed to and accepted as of the date first above written: CITY OF TEMECULA By Shawn D. Nelson City Manager -4- COMPASS MORTGAGE CORPORATION By Name Title EXHIBIT A Lease Total Payment Principal Interest Lease Date Component Component (1) Payment 3/1/12 $ 96,000 $248,782.81 $344,782.81 6/1/12 93,000 250,678.13 343,678.13 9/1/12 284,000 249,806.25 533,806.25 12/1/12 287,000 247,143.75 534,143.75 3/1/13 290,000 244,453.13 534,453.13 6/1/13 292,000 241,734.38 533,734.38 9/1/13 295,000 238,996.88 533,996.88 12/1/13 298,000 236,231.25 534,231.25 3/1/14 302,000 233,437.50 535,437.50 6/1/14 304,000 230,606.25 534,606.25 9/1/14 306,000 227,756.25 533,756.25 12/1/14 310,000 224,887.50 534,887.50 3/1/15 313,000 221,981.25 534,981.25 6/1/15 315,000 219,046.88 534,046.88 9/1/15 318,000 216,093.75 534,093.75 12/1/15 321,000 213,112.50 534,112.50 3/1/16 325,000 210,103.13 535,103.13 6/1/16 327,000 207,056.25 534,056.25 9/1/16 331,000 203,990.63 534,990.63 12/1/16 334,000 200,887.50 534,887.50 3/1/17 338,000 197,756.25 535,756.25 6/1/17 340,000 194,587.50 534,587.50 9/1/17 342,000 191,400.00 533,400.00 12/1/17 345,000 188,193.75 533,193.75 3/1/18 350,000 184,959.38 534,959.38 6/1/18 352,000 181,678.13 533,678.13 9/1/18 354,000 178,378.13 532,378.13 12/1/18 358,000 175,059.38 533,059.38 3/1/19 362,000 171,703.13 533,703.13 6/1/19 365,000 168,309.38 533,309.38 9/1/19 368,000 164,887.50 532,887.50 12/1/19 371,000 161,437.50 532,437.50 3/1/20 376,000 157,959.38 533,959.38 6/1/20 378,000 154,434.38 532,434.38 9/1/20 381,000 150,890.63 531,890.63 12/1/20 385,000 147,318.75 532,318.75 3/1/21 389,000 143,709.38 532,709.38 6/1/21 392,000 140,062.50 532,062.50 9/1/21 396,000 136,387.50 532,387.50 12/1/21 399,000 132,675.00 531,675.00 3/1/22 404,000 128,934.38 532,934.38 6/1/22 286,000 125,146.88 411,146.88 9/1/22 289,000 122,465.63 411,465.63 12/1/22 292,000 119,756.25 411,756.25 3/1/23 294,000 117,018.75 411,018.75 6/1/23 297,000 114,262.50 411,262.50 9/1/23 300,000 111,478.13 411,478.13 Exhibit A Page 1 12/1/23 303,000 108,665.63 411,665.63 3/1/24 306,000 105,825.00 411,825.00 6/1/24 309,000 102,956.25 411,956.25 9/1/24 311,000 100,059.38 411,059.38 12/1/24 314,000 97,143.75 411,143.75 3/1/25 317,000 94,200.00 411,200.00 6/1/25 320,000 91,228.13 411,228.13 9/1/25 322,000 88,228.13 410,228.13 12/1/25 325,000 85,209.38 410,209.38 3/1/26 328,000 82,162.50 410,162.50 6/1/26 331,000 79,087.50 410,087.50 9/1/26 334,000 75,984.38 409,984.38 12/1/26 337,000 72,853.13 409,853.13 3/1/27 340,000 69,693.75 409,693.75 6/1/27 344,000 66,506.25 410,506.25 9/1/27 346,000 63,281.25 409,281.25 12/1/27 350,000 60,037.50 410,037.50 3/1/28 353,000 56,756.25 409,756.25 6/1/28 356,000 53,446.88 409,446.88 9/1/28 360,000 50,109.38 410,109.38 12/1/28 363,000 46,734.38 409,734.38 3/1/29 366,000 43,331.25 409,331.25 6/1/29 370,000 39,900.00 409,900.00 9/1/29 373,000 36,431.25 409,431.25 12/1/29 376,000 32,934.38 408,934.38 3/1/30 380,000 29,409.38 409,409.38 6/1/30 383,000 25,846.88 408,846.88 9/1/30 387,000 22,256.25 409,256.25 12/1/30 390,000 18,628.13 408,628.13 3/1/31 394,000 14,971.88 408,971.88 6/1/31 398,000 11,278.13 409,278.13 9/1/31 401,000 7,546.88 408,546.88 12/1/31 404,000 3,787.50 407,787.50 (1) Applicable interest rate is 3.75% per annum. Exhibit A Page 2 AFTER RECORDATION RETURN TO: Quint & Thimmig LLP 575 Market Street, Suite 3600 San Francisco, CA 94105-2874 Attention: Brian D. Quint, Esq. THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11929 OF THE CALIFORNIA REVENUE AND TAXATION CODE. THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTION 27383 OF THE CALIFORNIA GOVERNMENT CODE. TERMINATION AGREEMENT Dated as of December 1, 2011 by and among the CITY OF TEMECULA the TEMECULA PUBLIC FINANCING AUTHORITY and U.S. BANK NATIONAL ASSOCIATION, as Trustee and as Assignee Relating to the $24,535,000 Certificates of Participation (2008 Temecula Civic Center Financing Project) Evidencing the Undivided Fractional Interests of the Owners Thereof in Lease Payments to be Made by the CITY OF TEMECULA, CALIFORNIA As the Rental for certain Property Pursuant to a Lease Agreement with the Temecula Public Financing Authority TERMINATION AGREEMENT This TERMINATION AGREEMENT is dated as of December 1, 2011, and is by and among the CITY OF TEMECULA, (the "City"), and U.S. BANK NATIONAL ASSOCIATION, as successor to U.S. Trust Company of California, N.A., as trustee (the "2008 Trustee"), and the TEMECULA PUBLIC FINANCING AUTHORITY (the "Authority"). WITNESSETH: WHEREAS, the City and the Authority have heretofore entered into a Lease Agreement, dated as of June 1, 2008 (the "2008 Site and Facility Lease"), and the Lease Agreement, dated as of May 1, 2008 (the "2008 Lease Agreement"), pursuant to which the Authority and the City entered into a transaction for the lease financing of certain facilities, including the site thereof (the "2008 Property"), and the City agreed to make certain lease payments (the "2008 Lease Payments") to the Authority; WHEREAS, the 2008 Lease Agreement provides that in the event that the City deposits, or causes the deposit on its behalf of moneys for the prepayment of the 2008 Lease Payments, then all of the obligations of the City under the 2008 Lease Agreement and all of the security provided by the City for such obligations, excepting only the obligation of the City to make the 2008 Lease Payments from said deposit, shall cease and terminate, and unencumbered title to the Property shall be vested in the City without further action by the City or the Authority; WHEREAS, pursuant to an Assignment Agreement, dated as of May 1, 2008 (the "2008 Assignment Agreement"), by and between the Authority and the 2008 Trustee, the Authority assigned to the 2008 Trustee, among other things, its rights to receive 2008 Lease Payments from the City under the 2008 Lease Agreement and the right to exercise such rights and remedies conferred on the Authority under the 2008 Lease Agreement to enforce payment of the 2008 Lease Payments; WHEREAS, pursuant to a Trust Agreement, dated as of May 1, 2008, by and among the City, the Authority and the 2008 Trustee, the 2008 Trustee agreed, among other matters, to execute and deliver certificates of participation (the "2008 Certificates") representing undivided fractional interests of the owners thereof to receive 2008 Lease Payments made by the City; WHEREAS, the City has determined that, as a result of favorable financial market conditions and for other reasons, it is in the best interests of the City at this time to refinance the City's obligation to make the 2008 Lease Payments under the 2008 Lease Agreement and, as a result thereof, to provide for the early redemption of the 2008 Certificates and, to that end, the City proposes to lease certain real property and the improvements thereon (the "2011 Property") to the Authority and to lease back the 2011 Property from the Authority pursuant to that certain Lease Agreement, dated as of December 1, 2011 (the "2011 Lease Agreement"), a memorandum of which has been recorded concurrently herewith; WHEREAS, to obtain moneys to make such deposit, the Authority proposes to assign and transfer certain of its rights under the 2011 Lease Agreement to Compass Mortgage Corporation (the "Assignee"), pursuant to that certain Assignment Agreement, dated as of December 1, 2011, by and between the Authority and the Assignee, and recorded concurrently herewith (the "2011 Assignment Agreement"), whereby the Assignee is to make a payment of $26,835,000 to or to the order of the City; WHEREAS, upon deposit of a portion of such amounts for prepayment of the 2008 Lease Payments, the 2008 Lease Agreement and the agreements related thereto need not be maintained (except as otherwise provided below), and the parties hereto now desire to provide for the termination of such documents as provided herein. NOW, THEREFORE, in consideration of the foregoing and for other consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree: Section 1. Termination. (a) By virtue of the deposit of amounts for prepayment of the 2008 Lease Payments, all obligations of the City under the 2008 Lease Agreement shall cease and terminate, excepting only the obligation of the City to make, or cause to be made, all payments from such deposit and title to the 2008 Property shall vest in the City on the date of said deposit automatically and without further action by the City or the Authority. Said deposit and interest earnings thereon shall be deemed to be and shall constitute a special fund for the prepayment of the 2008 Lease Payments. (b) In accordance with the foregoing, the following agreements are hereby terminated and are of no further force or effect: 1. 2008 Site and Facility Lease, recorded May 28, 2008, as Document No. 186636, Official Records of Riverside County; 2. 2008 Lease Agreement, recorded by memorandum May 28, 2008, as Document No. 186637, Official Records of Riverside County; and 3. 2008 Assignment Agreement, recorded May 28, 2008, as Document No. 186637, Official Records of Riverside County. (c) From and after the date hereof, none of the parties shall have any further rights or obligations thereunder. Section 2. Execution in Counterparts. This Termination Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. -2- IN WITNESS WHEREOF, the parties hereto have duly executed this Termination Agreement. Attest: Susan W. Jones, MMC City Clerk Attest: Susan W. Jones, MMC Secretary -3- CITY OF TEMECULA By Shawn D. Nelson City Manager TEMECULA PUBLIC FINANCING AUTHORITY By Shawn D. Nelson Executive Director U.S. BANK NATIONAL ASSOCIATION, as 2008 Trustee and as Assignee By John Axt Vice President NOTARY ACKNOWLEDGMENTS TO BE INSERTED EXHIBIT A DESCRIPTION OF THE SITE All that certain real property situated in the City of Temecula, Riverside County, State of California, described as follows: PARCEL A: (COMMUNITY THEATRE) LOTS 16 THROUGH 22 INCLUSIVE IN BLOCK 27 OF THE TOWN OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 15 PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; TOGETHER WITH THAT PORTION OF RIVER STREET AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION RECORDED AUGUST 6, 1940 IN BOOK 474 PAGE 109 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CAIAFORNIA, AS DESCRIBED IN PARCEL 1 OF SAID RESOLUTION, AND LYING NORTHWESTERLY OF THE SOUTHWESTERLY PROLONGATION OF THE CENTER LINE OF THE ALLEY IN SAID BLOCK 27; ALSO TOGETHER WITH THAT PORTION OF THE NORTHWESTERLY HALF OF THE ALLEY ADJOINING SAID LOTS 16 THROUGH 22 INCLUSIVE, ON THE SOUTHEAST AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION NO.79-68, RECORDED APRIL 23, 1979 AS INSTRUMINT NO. 80863 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO TOGETHER WITH THAT PORTION OF THE SOUTHEASTERLY HALF OF FOURTH STREET ADJOINING SAID LOTS 16 THROUGH 22 INCLUSIVE ON THE NORTHWEST, AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION NO.87-272, RECORDED JULY 29, 1987 AS INSTRUMENT NO. 218023 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 922-036-037 PARCEL B: (COMMUNITY THEATRE) LOT 4 AND LOT 5 IN BLOCK 27 OF TH OWN OF TEMECULA AS SHOWN BY MAP ON FILE IN BOOK 15. PAGE 726. RECORDS OF SAN DIEGO COUNTY, TOGETHER WITH THAT PORTION OF AN ALLEY ADJOINING SAID LOTS 4 AND 5, AS ABANDONED BY A RESOLUTION OF THE BOARD OF SUPERVISORS. COUNTY OF RIVERSIDE, RECORDED APRIL 23, 1979 AS INSTRUMENT NUMBER 80863. OF OFFICIAL RECORDS OF SAID COUNTY AND THAT PORTION OF THE NORTHWEST 10 FEET OF MAIN STREET AS ABANDONED BY RESOLUTION NUMBER 75-104, RECORDED APRIL 23, 1975 AS INSTRUMENT NUMBER 46491, OFFICIAL RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE SOUTHWESTERLY 22.30 FEET OF SAID LOT 4. APN: 922-036-041 PARCEL C: (COMMUNITY THEATRE) LOT 6 IN BLOCK 27 OF THE TOWN OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 15 PAGE 726, OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. TOGETHER WITH THAT PORTION OP THE NORTHWESTERLY 10 FEET OF MAIN STREET, ADJACENT TO THE SOUTHEASTERLY LINE OF SAID LAND, WHICH WOULD PASS WITH A CONVEYANCE OF SAID LAND, AS VACATED BY RESOLUTION MO. 75-104 OF THE BOARD SUPERVISORS OF THE COUNTY OP RIVERSIDE, RECORDED APRIL 23, 1975 AS INSTRUMENT NO. 46491 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; Exhibit A Page 1 TOGETHER WITH THAT PORTION OF AN ALLEY ADJOINING SAID LOT 6, AS ABANDONED BY A RESOLUTION OF THE BOARD OF SUPERVISORS. COUNTY OF RWERSIDE, RECORDED APRIL 23, 1979 AS INSTRUMENT NUMBER 80863. OF OFFICIAL RECORDS OF SAID COUNTY. APN: 922-036-034 PARCEL D: (FIRE STATION #84) THAT PORTION OF RANCHO TEMECULA, IN THE CITY OF TEMECULA, AS GRANTED BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA, TO LUIS VIGNES, BY PATENT DATED JANUARY 18, 1860, 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 NORTHEAST CORNER OF PARCEL 4 AS SHOWN ON PARCEL MAP 8840 FILED IN BOOK 41 PAGES 54 AND 55, RECORDS OF SAID COUNTY, SAID POINT BEING ON THE CENTERLINE OF PAUBA ROAD AND BEING MARKED BY A 1-1/2 INCH IRON PIPE TAGGED L.S. 3160 PER SAID MAP, SAID POINT ALSO BEING A POINT ON A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 2,000.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 14°31'39" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°01'20", AN ARC DISTANCE OF 70.59 FEET, TO THE END OF CURVE, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 16°32'59" WEST; THENCE ALONG A RADIAL LINE NORTH 16°32'59" WEST 44.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF PAUBA ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 73°27'01" WEST, 23.37 FEET ALONG SAID RIGHT OF WAY; THENCE LEAVING SAID RIGHT OF WAY NORTH 16°32'59" WEST, 18.52 FEET ALONG THE WESTERLY LINE OF THE TEMECULA PUBLIC LIBRARY PARCEL, AS DESCRIBED IN THE LEGAL DESCRIPTION FOR TEMECULA PUBLIC LIBRARY; THENCE NORTH 17°45'09" EAST, 66.36 FEET ALONG SAID WESTERLY LINE OF THE TEMECULA PUBLIC LIBRARY PARCEL; THENCE NORTH 11°01'46" WEST, 75.21 FEET ALONG SAID WESTERLY LINE OF THE TEMECULA PUBLIC LIBRARY PARCEL; THENCE NORTH 51°49'47" EAST, 162.16 FEET; THENCE SOUTH 88°55'20" EAST, 136.08 FEET; THENCE SOUTH 64°00'57" EAST, 56.13 FEET; THENCE SOUTH 22°21'01" EAST, 161.46 FEET TO A POINT ON SAID NORTHERLY RIGHT OF WAY OF PAUBA ROAD, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2044.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 06°25'24" WEST; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°07'35", AN ARC DISTANCE OF 361.25 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 64,635.71 SQUARE FEET OR 1.48 ACRES, MORE OR LESS. APN: 945-050-020 Exhibit A Page 2 PARCEL E: (WOLF CREEK FIRE STATION) THAT PORTION OF PARCEL 2 AS DESCRIBED IN LOT LINE ADJUSTMENT PA02-0052, IN THE CITY OF TEMECULA, CALIFORNIA, RECORDED MAY 4, 2002 AS INSTRUMENT NO. 02-172869, AND PERFECTED IN GRANT DEED TO S -P MURDY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY,RECORDED JUNE 3, 2002 AS INSTRUMENT NO. 02-299299 OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE IN THE BOUNDARY OF SAID PARCEL 2 DESCRIBED AS HAVING A BEARING AND LENGTH OF NORTH 37°55'02" EAST 726.21 FEET; THENCE NORTHERLY ALONG SAID BOUNDARY NORTH 37°54'25" EAST (NORTH 37°55'02" EAST PER SAID DEED AND LOT LINE ADJUSTMENT) 7939 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID BOUNDARY SOUTH 52°05'35" EAST 233.21 FEET; THENCE PARALLEL WITH THE BOUNDARY OF SAID PARCEL 2, NORTH 37°54'25" EAST (NORTH 37° 55'02" EAST PER SAID DEED AND LOT LINE ADJUSTMENT) 280.18 FEET; THENCE NORTH 52°05'35" WEST 233.21 FEET TO A POINT ON SAID BOUNDARY, SAID POINT LIES NORTH 37°54'25" EAST (NORTH 37°55'02" EAST PER SAID DEED AND LOT LINE ADJUSTMENT) 280.18 FEET ALONG SAID BOUNDARY FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY SOUTH 37°54'25" WEST 280.18 FEET TO THE TRUE POINT OF BEGINNING. APN: 962-580-091 PARCEL F: (PATRICIA H. BIRDSALL SPORTS PARK): THAT PORTION OF PARCEL 2 AS DESCRIBED IN LOT LINE ADJUSTMENT PA02-0052, IN THE CITY OF TEMECULA, CALIFORNIA, RECORDED APRIL 4, 2002 AS INSTRUMENT NO. 2002- 172869, AND PERFECTED IN GRANT DEED TO S -P MURDY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, RECORDED JUNE 3, 2002 AS INSTRUMENT NO. 2002-299299 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE CENTERLINE OF PECHANGA PARKWAY (FORMERLY PALA ROAD), SAID POINT BEING THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS HAVING A BEARING AND DISTANCE OF SOUTH 47°44'36" EAST, 3252.10 FEET IN SAID LOT LINE ADJUSTMENT AND DEED; THENCE ALONG SAID CERTAIN COURSE AND SAID CENTERLINE, SOUTH 47°45'28" EAST 3252.10 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THE LITTLE TEMECULA RANCHO, AS SHOWN ON THE MAP ENTITLED PARTITION MAP OF THE LITTLE TEMECULA RANCHO ON FILE IN THE OFFICE OF THE COUNTY CLERK OF SAID SAN DIEGO COUNTY, IN ACT NO. 5756 IN THE SUPERIOR COURT OF SAID SAN DIEGO COUNTY, AND THAT PORTION OF SECTION 28, TOWNSHIP 8 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, OFFICIAL PLAT OF THE SURVEY OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, APRIL 10, 1886; THENCE LEAVING SAID CENTERLINE SOUTH 53°08'27" WEST (SOUTH 53°09'19" WEST PER SAID LOT LINE ADJUSTMENT AND DEED) ALONG SAID SOUTHEASTERLY LINE, 44.72 FEET TO A POINT ON SAID SOUTHEASTERLY LINE, SAID LAST MENTIONED POINT LIES NORTH 50°06'54" WEST, 0.65 FEET FROM A FOUND 3/4" IRON PIPE 12 -INCHES DEEP PER SAID FIELD BOOK 445 PAGE 52, SAID 3/4" IRON PIPE BEING ACCEPTED AS LYING ON THE CENTERLINE OF PALA ROAD PER DEED PLAT MAP 25-L, RECORDS OF RWERSIDE COUNTY, CALIFORNIA, AND PER QUITCLAIM DEED RECORDED JULY 20, 1959 AS INSTRUMENT NO. 62786 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; Exhibit A Page 3 THENCE ALONG SAID CENTERLINE SOUTH 50°07'46" EAST (SOUTH 50°06'54" EAST PER SAID LOT LINE ADJUSTMENT AND DEED) 836.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 500.00 FEET AND SHOWN ON SAID DEED PLAT 25-L AS P.C. 24+86.36; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°44'57" AN ARC LENGTH OF 172.34 FEET; THENCE TANGENT TO SAID CURVE SOUTH 30°22'49" EAST (SOUTH 30°21'57" EAST PER SAID LOT LINE ADJUSTMENT AND DEED) 247.93 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1000.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°27'00" AN ARC LENGTH OF 252.20 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 44°49'49" EAST 109.70 FEET (SOUTH 44°48'57" EAST 109.79 FEET PER SAID LOT LINE ADJUSTMENT AND DEED); THENCE LEAVING SAID CENTERLINE ALONG THE CENTERLINE OF DEER HOLLOW WAY, NORTH 42°23'14" EAST 160.20 FEET (NORTH 42°23'59" EAST PER SAID LOT LINE ADJUSTMENT AND DEED); THENCE LEAVING SAID CENTERLINE OF DEER HOLLOW WAY, NORTH 47°36'46" WEST 44.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHWESTERLY RIGHT(S) OF WAY OF SAID DEER HOLLOW WAY (44.00 FEET WIDE) NORTH 42°23'14" EAST 1,789.36 FEET (NORTH 42°23'59" EAST PER SAID LOT LINE ADJUSTMENT AND DEED) TO A POINT, SAID POINT LIES 323.10 FEET SOUTHERLY ALONG SAID RIGHT(S) OF WAY FROM THE MOST SOUTHERLY CORNER OF OPEN SPACE LOT 51 AS SHOWN ON TRACT NO. 23065-1 FILED IN MAP BOOK 261 PAGES 21 THROUGH 28, INCLUSIVE, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE LEAVING SAID NORTHWESTERLY RIGHT(S) OF WAY LINE, NORTH 47°36'46" WEST 608.36 FEET; THENCE NORTH 89°41'48" WEST 978.27 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 933.00 FEET, A RADIAL TO THE BEGINNING OF SAID CURVE BEARS SOUTH 87°54'41" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41°43'31" AND AN ARC LENGTH OF 701.30 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 43°48'50" WEST 401.74 FEET; THENCE SOUTH 58°24'42" EAST 74.51 FEET; THENCE SOUTH 46°11'10" EAST 45.04 FEET; THENCE SOUTH 41°35'36" EAST 701.67 FEET; THENCE SOUTH 42°56'23" EAST 301.14 FEET TO THE TRUE POINT OF BEGINNING. Exhibit A Page 4 COUNCIL BUSINESS Item No. 20 Approvals City Attorney Director of Finance City Manager Atd OcL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Peter M. Thorson, City Attorney DATE: November 22, 2011 SUBJECT: Repeal of Temecula E -Verify Ordinance as mandated by new State legislation prohibiting cities from requiring employers to use E -Verify RECOMMENDATION: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING CHAPTER 5.06, LAWFUL HIRING COMPLIANCE (E -VERIFY), OF THE TEMECULA MUNICIPAL CODE SUMMARY OF ORDINANCE: Effective January 1, 2012, new Labor Code §§ 2811 to 2813 (enacted by Chapter 619 of the statues of 2011, AB 1236) provide that the state, cities, counties, and special districts will be prohibited from requiring employers within their boundaries to use an electronic employment verification system such as "E -Verify." The state, cities, counties, and special districts will only be allowed to use E -Verify for their own employees or when required by federal law or as a condition of receiving federal funds. As a result of the mandate of this legislation, the proposed Ordinance would repeal Chapter 5.06, Lawful Hiring Compliance, of the Temecula Municipal Code, the City's E -Verify ordinance requiring employers in Temecula to verify the employment eligibility of a new employee through the federal E -Verify program as a condition of receiving a business license. BACKGROUND: The Legislature made several findings in Section 1 of Chapter 619 explaining its reasons for enacting the prohibition on the use of E -Verify by the state, cities, counties, and special districts (for convenience this Report will use the term "cities" or "city" rather than the complete list of governmental entities subject to the legislation). Section 1 provides: "The Legislature finds and declares all of the following: "(a) Federal law establishes an electronic employment verification system, originally known as the Basic Pilot Program (enacted by Section 404 of Public Law 104-208) and renamed in 2007 as the E -Verify Program, as an experimental and temporary system available to employers on a voluntary basis. "(b) A 2007 independent evaluation commissioned by the federal Department of Homeland Security found that the electronic employment verification database was still not sufficiently up to date to meet requirements for accurate verification. This has led to employers being unable to hire employees in a timely manner and kept workers from earning wages. "(c) Mandatory use of an electronic employment verification program would increase the costs of doing business in a difficult economic climate. The United States Chamber of Commerce estimates that the net societal cost of all federal contractors using the E -Verify Program would amount to $10 billion a year, federally. "(d) California businesses would face considerable odds in implementing such a program. Employers using the program report that staff must receive additional training that disrupts normal business operations. If E -Verify had been made mandatory for all employers in 2010, it would have cost businesses $2.7 billion, $2.6 billion of which would have been borne by the small businesses, which drive our economy. "(e) Employers report that the cost, technological demands, and staff time that an electronic employment verification system requires to use and implement come at a time when they are already struggling. "(f) California's unemployment rate has risen to 11 percent. The state must pursue all avenues in facilitating and incubating job development and economic growth. "(g) Therefore, it is the intent of the Legislature that the state maintain the intent of federal law by ensuring that private employers retain the ability to choose whether to participate in the electronic verification program." Although Temecula businesses have not reported to the City the problems described by the Legislature in Chapter 619, this is now the applicable law governing the City of Temecula's ordinance requiring that employers use E -Verify. Section 2 of Chapter 619 enacted new Labor Code Section 2812 that establishes the prohibition on cities requiring employers to use an E -Verify system: "Except as required by federal law, or as a condition of receiving federal funds, neither the state nor a city, county, or special district shall require an employer to use an electronic employment verification system, including under the following circumstances: "(a) As a condition of receiving a government contract. "(b) As a condition of applying for or maintaining a business license. "(c) As a penalty for violating licensing or other similar laws." This section provides a general prohibition on cities requiring employers to use of E -Verify and then specifically includes the lettered descriptions of the manner in which cities have implemented the application of E -Verify to employers. Asa result of the state mandate of Chapter 619, the City is required to repeal its E -Verify ordinance, Chapter 5.06, Lawful Hiring Compliance, of the Temecula Municipal Code. FISCAL IMPACT: None ATTACHMENTS: Proposed Ordinance No. 11-_ repealing Chapter 5.06 of the Temecula Municipal Code Chapter 619 if the Statutes of 2011 Chapter 5.06 of the Temecula Municipal Code ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING CHAPTER5.06, LAWFUL HIRING COMPLIANCE (E -VERIFY), OF THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Chapter 691 of the Statutes of 2011 enacted Labor Code Sections 2811 through 2813, effective on January 1, 2012, which prohibits state, cities, counties, and special districts from requiring employers, other than themselves to use an electronic employment verification system (including E -Verify) for its employees. Therefore, the City's E -Verify ordinance will need to be repealed to comply with this state mandate. Section 2. Chapter 5.06, Lawful Hiring Compliance, of the Temecula Municipal Code is hereby repealed. Section 3. The City Clerk shall certify to the adoption of this Ordinance and 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 , Ron Roberts, 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. 11- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 22na day of November, 2011, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Assembly Bill No. 1236 CHAPTER 691 An act to add Article 2.5 (commencing with Section 2811) to Chapter 2 of Division 3 of the Labor Code, relating to employment. [Approved by Governor October 9, 2011. Filed with Secretary of State October 9, 2011.] LEGISLATIVE COUNSEL'S DIGEST AB 1236, Fong. Employment: hiring practices: electronic employment verification. The E -Verify Program of the United States Department of Homeland Security, in partnership with the United States Social Security Administration, enables participating employers to use the program, on a voluntary basis, to verify that the employees they hire are authorized to work in the United States. The bill would prohibit the state, or a city, county, city and county, or special district, from requiring an employer other than one of those government entities to use an electronic employment verification system except when required by federal law or as a condition of receiving federal funds. The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Federal law establishes an electronic employment verification system, originally known as the Basic Pilot Program (enacted by Section 404 of Public Law 104-208) and renamed in 2007 as the E -Verify Program, as an experimental and temporary system available to employers on a voluntary basis. (b) A 2007 independent evaluation commissioned by the federal Department of Homeland Security found that the electronic employment verification database was still not sufficiently up to date to meet requirements for accurate verification. This has led to employers being unable to hire employees in a timely manner and kept workers from earning wages. (c) Mandatory use of an electronic employment verification program would increase the costs of doing business in a difficult economic climate. The United States Chamber of Commerce estimates that the net societal cost of all federal contractors using the E -Verify Program would amount to $10 billion a year, federally. (d) California businesses would face considerable odds in implementing such a program. Employers using the program report that staff must receive 96 Ch. 691 — 2 — additional training that disrupts normal business operations. HE -Verify had been made mandatory for all employers in 2010, it would have cost businesses $2.7 billion, $2.6 billion of which would have been borne by the small businesses, which drive our economy. (e) Employers report that the cost, technological demands, and staff time that an electronic employment verification system requires to use and implement come at a time when they are already struggling. (f) California's unemployment rate has risen to 11 percent. The state must pursue all avenues in facilitating and incubating job development and economic growth. (g) Therefore, it is the intent of the Legislature that the state maintain the intent of federal law by ensuring that private employers retain the ability to choose whether to participate in the electronic verification program. SEC. 2. Article 2.5 (commencing with Section 2811) is added to Chapter 2 of Division 3 of the Labor Code, to read: Article 2.5. Electronic Employment Verification Systems 2811. This article shall be known and may be cited as the Employment Acceleration Act of 2011. 2812. Except as required by federal law, or as a condition of receiving federal funds, neither the state nor a city, county, city and county, or special district shall require an employer to use an electronic employment verification system, including under the following circumstances: (a) As a condition of receiving a government contract. (b) As a condition of applying for or maintaining a business license. (c) As a penalty for violating licensing or other similar laws. 2813. For purposes of this article, the following terms have the following meanings: (a) "Electronic employment verification system" means an employment verification system that allows employers to electronically verify workers' employment authorization with the federal government. This includes the Basic Pilot Program, enacted by Section 404 of Public Law 104-208 and renamed in 2007 as the E -Verify Program, and other pilot programs for electronic employment eligibility confirmation. The term "electronic employment verification system" does not include the I-9 Employment Eligibility Verification form or any other employment eligibility systems that are required by federal law. (b) "Employer" means an employer other than the state, or a city, county, city and county, or special district. 0 96 Chapter 5.06 LAWFUL HIRING COMPLIANCE Page 1 of 2 Temecula Municipal Code Up Previous Next Collapse Search Print No Frames Title 5 BUSINESS LICENSES AND REGULATIONS Chapter 5.06 LAWFUL HIRING COMPLIANCE 5.06.010 Definitions. Except as otherwise expressly set forth herein, the following words and terms as used in this chapter shall have the following meanings: "City clerk" means the city clerk of the city and designee(s). "City manager" means the city manager of the city or designee responsible for administering this chapter. "Employ" means hiring an employee after January 31, 2011. "Employee" means any person who provides services or labor within the city for an employer for wages or any other remuneration. An independent contractor is not an employee for the purpose of this chapter. "Employer" means any person that is: (1) transacting business in the city; (2) employs one or more employees in the city; and (3) is required to obtain a business license certificate under Title 5 of this code. "E -verify program" means the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, as amended, and operated jointly by the United States Department of Homeland Security and the United States Social Security Administration, or a successor electronic verification of work authorization program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees pursuant to the Immigration Reform and Control Act of 1986, Pub. L. No. 99-603. "Independent contractor" means any individual or entity that carries on an independent business, that contracts to do a piece of work according to the individual' s or entity's own means and methods and that is subject to control only as to results. Whether an individual or entity is an independent contractor is determined on a case-by-case basis through various factors, including whether the individual or entity: 1. Supplies the tools or materials; 2. Makes services available to the general public; 3. Works or may work for a number of clients at the same time; 4. Has an opportunity for profit or loss as a result of labor or service provided; 5. Invests in the facilities for work; 6. Directs the order or sequence in which the work is completed; 7. Determines the hours when the work is completed. "Knowingly employ an undocumented worker" means the actions described in Section 1324a of Title 8 of the United States Code. This term shall be interpreted consistently with Section 1324a of Title 8 of the United States Code and any applicable federal rules and/or regulations. "Person" means all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, businesses, trusts, societies and individuals transacting and carrying on any business in the city other than as an employee. "Transacting business" means engaging in any activity for profit within the city, including, but not limited to, providing goods or services, whether the business is physically located within the city or located outside the city with a substantial amount of business transacted within city limits. "Undocumented worker" means a worker who does not have the legal right or authorization under federal mhtml:file://C:\Documents and Settings\shelley.pollak\Local Settings\Temporary Internet ... 11/9/2011 Chapter 5.06 LAWFUL HIRING COMPLIANCE Page 2 of 2 law to work in the United States as described in Section 1324a(h)(3) of Title 8 of the United States Code. (Ord. 10-12 § 1) 5.06.020 Knowingly employing undocumented workers. An employer shall not knowingly employ an undocumented worker. If, in the case when an employer uses a contract, subcontract, or other independent contractor agreement to obtain labor of workers in the city, the employer knowingly contracts with an undocumented worker or with a person who employs an undocumented worker to perform the labor, the employer violates this section. (Ord. 10-12 § 1) 5.06.030 Verification of employment eligibility. A. After January 1, 2011, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the e -verify program. B. An employer shall maintain records sufficient to establish that it has complied with the requirement set forth in subsection A of this section with respect to each employee and shall retain such records for the duration of such employee's employment; provided, however, that an employer shall retain and maintain such records for a longer period of time if required by an applicable state or federal law, regulation or rule. The records maintained pursuant to this section shall be immediately made available to the city for inspection and audit upon written notice to the employer by the city manager. C. The city manager may establish such regulations as necessary or convenient to implement the provisions of this chapter, including, but not limited to, the certification of compliance with the requirements of this chapter as part of the application process for a business certificate or the renewal of a business certificate pursuant to Chapter 5.04 of this code. (Ord. 10-12 § 1) 5.06.040 Violations. A. On a finding of a first violation of this chapter, the city manager shall demand that the employer terminate the employment of all undocumented workers in the city hired in violation of this chapter and demand that the employer sign a declaration under penalty of perjury within ten business days stating that the employer has terminated the employment of all undocumented workers in the city and that the employer will comply with the requirements of this chapter. B. On a finding of a second violation of this chapter, the city manager may revoke any license or business certificate that has been issued to and that is held by an employer pursuant to Title 5 of this code, including, without limitation, a business certificate issued pursuant to Chapter 5.04 of this code. For the purpose of this section, a second violation shall be a violation that occurs within twenty-four months of a finding of a first violation. C. Notwithstanding any other provision of this code, the penalty for a violation of this chapter shall be limited to the penalties set forth in this section. (Ord. 10-12 § 1) 5.06.050 Appeal. If an employer is aggrieved by any decision of the city manager regarding the finding of a violation or the revocation of a license issued pursuant to Title 5 of this code, the employer may appeal the decision pursuant to the provisions of Section 5.04.310. (Ord. 10-12 § 1) 5.06.060 Severability. This chapter and the various parts, sections and clauses thereof are declared severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid, the remainder of this chapter shall not be affected thereby. The city council declares that it would have passed this chapter and each part thereof, regardless of the fact that one or more parts thereof be declared unconstitutional or invalid. (Ord. 10-12 § 1) mhtml:file://C:\Documents and Settings\shelley.pollak\Local Settings\Temporary Internet ... 11/9/2011 Item No. 21 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Wilson, Director of Finance DATE: November 22, 2011 SUBJECT: Increase Public Project Force Account, Negotiated Contract, Purchase Order Limit PREPARED BY: Roberto Cardenas, Fiscal Services Manager RECOMMENDATION: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 3.32.010 OF THE TEMECULA MUNICIPAL CODE REGARDING THE CONSTRUCTION ON PUBLIC PROJECTS SUMMARY OF ORDINANCE: The proposed ordinance amends section 3.32.010 of the Temecula Municipal Code to increase the amount for which public projects are authorized to be performed by the employees of the public agency (by force account, by negotiated contract, or by purchase order) from $30,000 to $45,000. BACKGROUND: The Uniform Public Construction Cost Accounting Act (Act) was enacted in 1983 under Public Contract Code Section 22000 et seq. The Act authorizes public projects of $30,000 or less to be performed by the employees of the public agency by force account, negotiated contract, or purchase order if the local agency elects to follow the cost accounting procedures - as set forth in the Cost Accounting Policies and Procedures Manual (CAPPM) of the California Uniform Construction Cost Accounting Commission (CUCCAC). Projects initiated by public agencies that elect to become a participant of the Act are completed in a timely manner as a result of the streamlined awards process and the reduction in paperwork related to advertising and report filing. On March 12, 1991, the City passed Resolution No. 91-28 electing to become a participant of the Act. On October 9, 2011, Governor Edmund G. Brown approved Assembly Bill 720 to amend Public Contract Code Section 22032 to increase the amount for which public projects are authorized to be performed by the employees of the public agency (by force account, by negotiated contract, or by purchase order) from $30,000 to $45,000. This amendment will allow the City streamline the award process related to public projects, while maintaining City responsiveness and accountability. As designated by resolution, any expenditure of funds in excess of $30,000 will continue to require City Council approval. The proposed ordinance amends section 3.32.010 of the Temecula Municipal Code to increase the amount for which public projects are authorized to be performed by the employees of the public agency (by force account, by negotiated contract, or by purchase order) from $30,000 to $45,000. FISCAL IMPACT: No fiscal impact. ATTACHMENTS: Ordinance No. 11- ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 3.32.010 OF THE TEMECULA MUNICIPAL CODE REGARDING THE CONSTRUCTION ON PUBLIC PROJECTS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 3.32.010 (Construction on public projects) of the Temecula Municipal Code is hereby amended to read as follows: "3.32.010. Construction on public projects. The provisions of this chapter shall apply to the construction on public projects not more than one hundred seventy-five thousand dollars ($175,000). Public projects of forty-five thousand dollars ($45,000) or less may be performed by city employees by force account, by negotiated contract or by purchase order. Public projects of one hundred seventy-five thousand dollars ($175,000) or less may be let to contract by informal procedures as set forth in this chapter." Section 2. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 3. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of November, 2011. Ron Roberts, 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. 11- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 22nd day of November, 2011, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of November, 2011, the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Item No. 22 Approvals City Attorney Director of Finance City Manager OcL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: November 22, 2011 SUBJECT: Public/Traffic Safety Commission Appointments PREPARED BY: Cheryl Domenoe, Administrative Assistant RECOMMENDATION: Appoint three applicants to serve on the Public/Traffic Safety Commission, two for full three-year terms through October 10, 2014 and one un -expired term through October 10, 2013. BACKGROUND: The terms of Commissioners Pete Ramos and Gary Youmans expired on October 10, 2011 and Commissioner Tomi Arbogast resigned effective October 10, 2011. The City Clerk's office has followed the Council's established procedure for filling Commission vacancies by advertising the openings 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 Roberts and Council Member Edwards for review and recommendation. Both Mayor Roberts and Council Member Edwards have recommended the re -appointment of Commissioner Gary Youmans and the appointment of Robert (Skip) Carter to serve full three-year terms through October 10, 2014, and the appointment of Al Cosentino to fill the un -expired term through October 10, 2013. All applicants are registered voters and live within the city limits of the City of Temecula. Attached are copies of the applications that were received by the filing deadline of October 10, 2011. FISCAL IMPACT: None ATTACHMENTS: Ten (10) Applications for Appointment City of Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula Please Check One: Commission Appointment Application CE1VED )C1 1 2011 CLERKS vEPT• Planning Community Services x Public Traffic Safety Number of years as a City of Temecula Resident 7 Are you a City Registered Voter? YES NAME: Robert D Carter (Skip) OCCUPATION: Retired (Law Enf ADDRESS: 33616 Maplewood Court, Temecula, 92592 DAYTIME PHONE: 951 526-431 3 EVENING PHONE: 9 51 52 6-4 31 3 EMPLOYER NAME: N/A EMPLOYER ADDRESS: N/A E-MAIL bkb827(amsn.c m Educational Background/Degrees: Please see attached List any City or County Board, Committee or Commission on which you have served and the year(s) of service: NONE List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Please see attached 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. Letters of recommendation and/or references are encouraged.) Please see attached I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. (_- Signature: Date: October 10, 2011 Please return to: City Clerk's Office, 41000 Main Street (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE COI MISSION APPOINTMENT APPLICATION - PUBLIC TRAFFIC SAFETY PAGE 2 (coat) EDUCATIONAL BACKGROUND/DEGREES: High School of Commerce, Springfield, Ma University of Massachusetts 1970 - 1972 San Diego City College 1975 - 1976 Grossmont College 1981 1970 Diploma Degree n/a Degree n/a Degree n/a LIST ANY ORGANIZATIONS TO WHICH YOU BELONG(PROFESSIONAL, TECHNICAL, VOLUNTEER GROUPS, NON-PROFIT ORGANIZATIONS, SERVICE CLUBS, ETC.): Current: California Association of Highway Patrolman (CAHP) Former member of: International Association of Chiefs of Police (IACP) San Diego County Chiefs and Sheriffs Association National Organization of Black Law Enforcement Executives (NOBLE) 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. LETTERS OF RECOMMENDATION AND/OR REFRENCES ARE ENCOURAGED.) On December 31, 2009 I retired from the California Highway Patrol (CHP) after serving 30 honorable years. During the last seven I've lived in Temecula, during four of those years I was the Chief of Border Division where I had management oversight and responsibility for the daily activities of all CHP commands/offices in San Diego, Orange, Imperial counties and the majority of Riverside County. In May 2008, I was selected as the Deputy Commissioner of the CHP and decided to leave my family here while I commuted to Sacramento for the next 18 months until my retirement. I am familiar with Temecula in many different ways and feel that my 30 years of law enforcement experience with an emphasis on traffic will only be an asset to the Public Traffic Safety Committee. I certainly possess all the qualities and attributes of an effective commissioner and I stand ready to lend my support and experience to this important committee as we continue to enhance traffic safety within our city. References: Captain Ernie Sanchez, California Highway Patrol, Temecula Office 27685 Commerce Center Dr. 951 506-2000 Commissioner Joe Farrow, California Highway Patrol, Headquarters 601 N 7th St, Sacramento, Ca 916 843-3001 Additional references upon request. City of Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula Please Check One: E1VED OCT - 3 2011 TY CLERKS DEPT Planning Community Services X Public Traffic Safety Number of years as a City of Temecula Resident 22 Are you a City Registered Voter? Y NAME: David J. Coram OCCUPATION: Educ. & Training Tech. ADDRESS: 45620 Corte Montril, Temecula, Ca. 92592 DAYTIME PHONE: 951-830-9402 EVENING PHONE: EMPLOYER NAME: Marine Corps Community Services 951-830-9402 EMPLOYER ADDRESS: Bldg. 1331 Box 555020 Camp Pendleton, Ca. 92055-5020 E-MAIL djcoramagmail.com Educational Background/Degrees: Masters of Education Bachelors Business Administration Management Bachelors Human Resource Management List any City or County Board, Committee or Commission on which you have served and the year(s) of service: N/A List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): San Diego County Deputy Sheriff's Association.(Retired) Temecula Valley Soccer Association (Past - BoD, Rec.coach, Rec.referee) Temecula Valley Pop Warner (Past - coach, referee) 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. Letters of recommendation and/or references are encouraged.) Please See Attached I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: �- ' - Date: / /3 /// Please return to: City Clerk's Office, 41000 Main Street (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE With more than 22 years of life experiences as a resident of Temecula and with 30 plus years of law enforcement, business ownership and corporate leadership, I believe I have reached that point in my life that it is time to give back to my community. That is the reason I decided to go back to school to obtain a Master's Degree in Education with a Teaching Credential in Career Technical Education and a Single Subject Credential in Business and Industrial Tech Education. This desire is also what has also led me to my current employment with Marine Corps Community Services in the Camp Pendleton Education Center at a wage far below what my background might expect. Additionally as a concerned and participating citizen I have worked with several local youth organizations as a board member, a coach and as a referee. I decided to participate in these service activities to provide mentorship, leadership and team building skills to our youth whom will become our future generation of leaders. Throughout my various careers and experiences observation, customer service and building various meaningful relationships were key to my career and business success. Often times these relationships which dealt with decisions at various levels have not always gone my way, but I have always maintained a calm and professional demeanor and supported the decision of the group or the higher authority while the decision was formalized and implemented. As a law enforcement officer listening skills are vital to the daily activities in the performance of one's duties, which generally required an investigative and reporting process throughout the day. The listening skills I developed in law enforcement were then incorporated into my persona which allowed me to be successful in my professional and personal dealings as a business owner and corporate leader. As a Director on the Marshal's Association at the Local and State level I have effectively worked with peers to attain the goals of the Association at both levels. As a resident of Temecula I have followed the direction of the City and surrounding areas. I have observed the growth and expansion and reflected upon the effects they have had upon my family, friends and neighbors. I believe to this point, the decisions made have been well thought-out and implemented by the City and I look forward to continuing the tradition. As I stated previously I have reached that period in my life where my life and business experiences could be of benefit to the community. As such, I would appreciate and enjoy the opportunity to give back to the community which has provided my family and I the lifestyle which so many other communities aspire to obtain and provide to their citizens. I believe my approachable, attentive and personable demeanor it what is necessary to make a cohesive and effective Board, thus continuing the past of moving the City forward in the years to come. My background in government, private and corporate business uniquely qualifies me as viable candidate to successfully accomplish the goals established for this Board position. I look forward to having the opportunity to work as a member of this Board, with City Staff, City Council and the Citizens of Temecula into the future, thus providing the same outstanding service standards which this Board and the City has provided since its inception in 1989. Michael McCracken 43 012 Corte Davila Temecula, CA 92592 (951) 302-8532 September 19, 2011 Mr. Bob Hagel, Chairperson Public/Traffic Safety Commission City of Temecula 41000 Main Street Temecula, California 92590 Dear Mr. Hagel: This letter is provided to recommend Mr. David Coram to fill the vacancy on your Public/Traffic Safety Commission. David Coram is a well rounded Temecula resident with experiences in Law Enforcement, Hospitality Management, and continues to be an active member/volunteer in our community: I have worked with David Coram for one year. As a co-worker, he has proved his value to the office in a variety of ways. His positive attitude, professional demeanor, and approachable personality make him a valuable asset in his work environment. Volunteerism is one of Temecula's greatest resources. Citizens' giving of their time and expertise creates a win-win situation for all. Some of David's volunteer activities include: Temecula Valley Soccer Association, coach and referee; Temecula Valley Pop Warner, coach and referee; Temecula United Soccer Club, coach. In addition, he has over seventeen years in Law Enforcement. It is my hope, by this letter; you would consider him for this position and include him on the Commission. David is a proud Temecula citizen, he is actively involved in community activities, and his previous experiences are directly relevant with such a position as Public/Traffic Safety Commissioner. Should you have any questions, please me using the information provided above. Sincerely, Michael R. Me,Crack City of Temecula 41000 Main Street Temecula, CA 92590 www.cityottemecula.org (951) 694-6444 Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula Please Check One: Planning Community Services X Public Traffic Safety Number of years as a City of Temecula Resident 6 Are you a City Registered Voter? Yes NAME: Al Cosentino OCCUPATION: Retired ADDRESS: 45199 Tiburcio Drive, Temecula 92592 DAYTIME PHONE: 951-694-5278 EVENING PHONE: 951-694-5278 EMPLOYER NAME: N/A EMPLOYER ADDRESS: E-MAIL altemecula@live Educational Background/Degrees: 2 7 ?OP .com List any City or County Board, Committee or Commission on which you have served and the year(s) of service: See attached Career Summary/Bio List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Orange County Sheriff's Reserve Program -23 years last rank, L Orange county Sheriff's Advisory Council- 30+ years, past President & current Board member.- Life member CHP 11-99 Foundation. Plus others (see attached Bio/summary) 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. Letters of recommendation and/or references are encouraged.) My extensive business experience as a top level corporate executive in technical, financial and administrative functions along with my law enforce! training and assignments, provides me with what i believe will be of value I the Commission and the City. Attached please find a more detailed resume' al r Terence �t I understand that any or all informalron on this form may be verified. I consent to the release of this information for public information purposes. Signature: " Date: /3C/( Please return to: City Clerk's Office, 41000 Main Street (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE CAREER SUMMARY ADOLF ("AL") COSENTINO Al Cosentino bridges two careers: One in Business and the other in Law Enforcement. BUSINESS Mr. Cosentino is a former Senior Executive with SK&A Information Services, Inc., where he most recently served as Vice Chairman and Director to the Board. He joined SK&A in September 1994, and was appointed President of the Company on February 1, 1995. In December 2002, Mr. Cosentino assumed the position of Vice Chairman, Director and Chief Financial Officer until early 2010 when the Company was sold. Mr. Cosentino's business background includes the position of President and CEO to several Orange County computer and technical companies, as well as serving as a Board Member of both public and privately held companies. As CEO, he was responsible for multi-million dollar companies, two with over 1,000 employees. Al's original management position was with IBM in New York. LAW ENFORCEMENT Mr. Cosentino first became associated with Law Enforcement in the County of Orange, when he was invited to join a committee formed to advise the then -Sheriff, Brad Gates, on the status and recommendations regarding the jail computer system. The Sheriff also invited Al to join his newly formed Sheriff's Advisory Council in 1976. As a Council member, Mr. Cosentino was appointed Committee Chairman for several projects, including working with Forensic Director, Larry Ragle, for the successful installation of the first DNA Lab west of the Mississippi and the first non -FBI Law Enforcement Agency to acquire such a facility. Mr. Cosentino was also one of the original committee members to form the Orange County Sheriff's Department Medal of Valor program and continues to serve on the Selection Committee. He also continues to serve as a Board Member of the Advisory Council and served as its President for two years in 1998 and 1999. Al Cosentino is also a Life Member of the California Highway Patrol CHP11-99 Foundation and a Life Member of the Riverside Sheriff's Executive Council. In his desire to contribute more to the community and law enforcement, Mr. Cosentino qualified, was accepted and sworn as an OCSD Reserve Deputy in March of 1988. Al was promoted to Sergeant in 1993 and, again, to the position of Lieutenant in 1997. During his tenure in the Reserve Program, Mr. Cosentino participated in many agency duties, including but not limited to Patrol, Airport Security, DUI Check Points, Traffic Control, and much more. His primary responsibility as Sergeant was Background Investigations. He also developed the first and only Reserves Operating Manual, which was distributed to all newly sworn Reserve Deputies. In 1991, Al was named "Deputy of the Year." During his Reserve career, he received numerous awards and citations, as well as completing all required Police Officers' Standard Training (P.O.S.T.). As a Lieutenant, his primary responsibility is the command of Orientation, Testing and Recruiting squads. With his executive qualifications and experience with over 40 years in business and, in combination, of over 30 years in law enforcement, Mr. Cosentino offers a unique capability to any possible opportunities. Al M. Cosentino, Vice Chairman and Chief Financial Officer at SK&A An executive of SK&A since 1994 and until early 2010, Mr. Cosentino was appointed president of the cornpany in 1995, and for the next seven years, he formalized business operations, processes and procedures, while managing growth. In 2002, Cosentino was appointed SK&A's Vice Chairman of the Board and Chief Financial Officer. Before joining the company, he served as president and CEO of Basic/Four Corp., MicroData, and EECO Computer Inc. Early in his career, Cosentino was recruited from IBM to join Management Assistance Inc. (MAI). There he founded Sorbus Inc., a subsidiary of MAI that became the nation's largest independent computer service company with more that 1,200 employees. Cosentino's success with both start-up and established companies is attributed to his excellent organizational and people skills. AL COSENTINO 45199 Tiburcio Drive Temecula, CA 92592 714-273-6741 REFERNCES: (updated 1/1/11) Nick Yocca Nick Yocca Jr. Patrick Cadigan David Rothenbueler Sandra Hutchens Jim Allen Stuart Krasny Stan Sniff Jim Carter Founding partner of Stradling, Yocca, Carlson & Rauth, a professional Law firm- Newport Beach, CA (949) 725-4000 The Yocca Law Firm, LLP — Retired CEO EECO Corp_- (949) 219-9931 Sr. V.P. Pacific Mercantile Bank, Newport Beach, CA — (949) 467-2222 Orange County Sheriff -Coroner (714) 647-1815 Owner -Founder, Allen Packaging, Tustin, CA (714) 259-0100 Retired owner/founder, SK&A Information Services, Inc. (714) 330-2040 Riverside County Sheriff - (951) 955 2414 Owner— South Coast Winery, Temecula, CA (714) 743-6374 1/24/11 February 1994 to )Int 2 o t O November 1986 to February 1994' PROFESSIONAL RESUME OF AL COSENTINO 45199 Tiburcio Temecula, CA 92592 Over thirty years of progressive, innovative and successful high level CEO experience in manufacturing, service and distribution oriented companies Highly talented in sales, marketing and financial operations. Extensive skills in taking companies public, corporate management, start-ups, turnarounds, expansion programs and multi -national assignments. Board of director's expectations were always met and exceeded during this period EMPLOYMENT HISTORY AND MAJOR ACCOMPLISHMENTS SK&A RESEARCH INC. Irvine, California President & COO Approached by founder -owner of multi-million dollar company to take over operations and lead company through a sustained 5 year expansion plan including a planned public offering. SK&A RESEARCH is the nation's leading provider of key information within the Health -Care industry. MANAGEX INTERNATIONAL Irvine, California President, CEO Joined MANAGEX International as President & CEO to provide management consulting services to both private and public organizations. Initially engaged by a So. California peripheral equipment manufacturing company, MST INC., to successfully lead them through a turnaround. Subsequently engaged by a start-up company as President and CEO to organize, run and raise funds to bring their start-up sub, ENERCAP CORPORATION in La Jolla, California, to production and sales of ceramic capacitors. Followed by assignment as VP & Chief Operating Officer with a Southern California power supply company, LH RESEARCH, to handle manufacturing and engineering, which included off -shore manufacturing facilities in Maylasia and Mexico, in addition to their California plant. Successfully transferred Maylasian operation to out -source partner, while implementing an improved MRP system and the start of an ISO -9001 Quality System. During 1993-94 worked with GATEWAY COMM. INC., a California network communications product manufacturer as head of operations responsible for Marketing, Sales, Engineering and Manufacturing. Assigned added responsibility for handling the Company's partnering and acquisition efforts which eventually led to the successful sale of the company to MICRODYNE INC. February 1981 to November 1986 January 1977 to February 1981 January 1963 to January 1977 Other Information: EECO COMPUTER INC. (ECI) Santa Ana. California President. CEO Approached by publicly held company, EECO Inc:, to spin off one division and form it into a wholly owncd subsidiary, primarily to take advantage of the growing computer industry as well as in-house capabilities. Employed as Vice President of parent company as well as President and CEO of new subsidiary called ECI. Introduced new systems, intplementcd new channels of distribution and grew company 200% within first three years. while becoming largest profit contributor to the parent company. MICRODATA CORPORATION Irvine, California President, Domestic Corp. Appointed to position of President of what was originally Microdata Corporation. renamed Microdata Domestic after the acquisition of CMC Europe. Responsible for all sales, marketing, service, research & development as well as manufacturing both off -shore and in the U.S. Grew company from $15,000,000 in 1977 to over $100,000,000 before company was sold to the McDonnell Douglas Corporation. MAI/ BASIC FOUR CORPORATION Imine. California President & CEO Assigned by parent (MAI) to take over operations of newly formed subsidiary after sustained first year losses and disappointments. Changed distribution channels. software strategies, and personally staffed sales & marketing personnel. Directly responsible for all operations which included a 100,000 sq. fl. manufacturing facility, 20,000 sq. ft. R&D center. 25 direct sales and service branches and 20 dealer organizations. Grew the company from less than 54,000,000 in sales with losses in 1973, to almost $100,000,000 in sales by 1976, with over $11,000.000 in net profits. Employee population grew at the same time from 60 employees to over 1.000. Prior to this assignment Formed the SORBUS subsidiary from what was originally the service division of MAI. Expanded the company to over 1000 personnel and 50 branches as well as all the international operations which included Europe, Canada and South America. Brought the company to over $50,000,000 in service revenues and over $5,000,000 in net profits before moving on to BASIC FOUR. INTERNATIONAL BUSINESS MACHINES New York City (IBM) Started career with IBM Held various management and supervisory positions Nvithin IBM's Field Engineering and Customer Engineering division. • Served as a board member of public and privately held companies in Southern California. • Member of several professional organizations and community associations. City of Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula iECEIVEtt SEP 2 2 2011 C! FRKfl Please Check One: Planning Community Services _ X _ _ Public Traffic Safety Number of years as a City of Temecula Resident 10 Are you a City Registered Voter? _ Yes NAME: Robert Farmer OCCUPATION: Retired ADDRESS: 31695 Ahern Place (.>1)--57) DAYTIME PHONE: 951.699.4651 EMPLOYER NAME: N/A EVENING PHONE: 951.699.4651 EMPLOYER ADDRESS: N/A E-MAIL rcfarmer43@hotmail.cc Educational Background/Degrees: AA Business, Barstow College m List any City or County Board, Committee or Commission on which you have served and the year(s) of service: None List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): 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. Letters of recommendation and/or references are encouraged.) 1t is time to get involved. 1 spent my career in aerospace engineering and have worked with individuals from various company's, country's and cultures. Listening, hearing and understanding what the other person is saying is key. I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signatuje Date: 21 5 I z Og Please return to: City Clerk's Office, 41000 Main Street (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Robert C. Farmer Legacy Engineering Mr. Farmer has spent the last 45 years of his career working in various aspects of system engineering and project management. This has included system engineering and design, spacecraft integration, launch and deployment, spacecraft ground and in -orbit operations. Program management activities have included program and project proposals, customer negotiations (foreign and domestic), resource and financial planning, scheduling, team building and personnel supervision. Mr. Farmer is now associated with the Legacy Engineering organization located in Irvine, CA. Legacy Engineering was founded in 1998 to address the increasing shortfall of senior engineering, administrative and management talent throughout the aerospace, defense and electronics industries. Legacy is a unique labor agency, focused exclusively on providing experienced professionals and represents only those individuals who have established a record of excellence throughout their working careers. The principal source of Legacy employees is recent retirees from the industry desiring to continue their contributions on an as -needed basis. Prior to joining Legacy Mr. Farmer's career encompassed a wide ranging array of experiences. Following a brief time in the US Navy Mr. Farmer joined the team at Bendix Field Engineering in support of NASA and JPL space flight programs. These included the final flights of the Gemini program and throughout the Apollo program as well as many unmanned earth orbiting and deep space missions. Following the final Apollo mission, Mr. Farmer took a position with the Hughes Aircraft Company in El Segundo, CA. While at Hughes Mr. Farmer was involved in system engineering activities with many communications and scientific exploration spacecraft programs for commercial and government customers foreign and domestic. Positions, while at Hughes, included Project Engineer, Sr. Project Engineer, Systems Operations Manager, Engineering Department Manager, and Senior Project Manager as well as working with local schools in the areas of science and mathematics. During this time Mr. Farmer was also an industry representative on two California State Board of Education committees meeting in Sacramento several times each year. Mr. Farmer retired after 25 years with Hughes Aircraft Cornpany in 1998 as a Senior Scientist providing both technical and programmatic support to Hughes programs. Following retirement from Hughes Mr. Farmer moved to Orlando, FI. and was a contract consultant with the Raytheon Corporation in St. Petersburg supporting their development of a system design and proposal for the US Navy MUOS program. When this proposal effort concluded Mr. Farmer moved back to California taking a position with Space Systems Loral in Palo Alto, CA. While at Space Systems Loral, Mr. Farmer was the Director of Marketing and Sales for the Southeast Asia region. In this role Mr. Farmer was responsible for marketing and sales campaigns in the Southeast Asia region working with engineering and business teams from both Loral and the various foreign customers. This included satellite customers in the countries of Taiwan, Thailand, Laos, Viet Nam, Malaysia, Indonesia, and the Philippines. Following his time commuting to and from Southeast Asia, Mr. Farmer returned to semi- retirement and joined the team at Legacy Engineering. City of Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 RECEIVED OCT 042011 Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula Phrase Check On.: Planning Community Services X Public Traffic Safety Number of years as a City of Temecula Resident 8 Are you a City Registered Voter? Y NAME: Juliet Grossman OCCUPATION: Attorney ADDRESS: 43036 Camino Casillas, Temecula, CA 92592 DAYTIME PHONE: (951)303-1403 EVENING PHONE: (951)303-1403 EMPLOYER NAME: Grossman Law Firm, APC 6370 Magnolia Ave Suite 320, Riverside CA 92506 EMPLOYER ADDRESS: (Temecula office 43437 Ridge Park)E_MAIL jgrossman@ Uwe. 1 emecula. CA 92590 gi ossmanlaw. net Educational Background/Degrees: J.D. (Law) Loyola of Los Angeles Law School, May, 1994; B.A. (English), University of California at Los Angeles, June, 1991 IRKS DEPT. List any City or County Board, Committee or Commission on which you have served and the year(s) of service: n/a List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): see attached 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. Letters of recommendation and/or references are encouraged.) see attached statement and letters of recommendation I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: Date: October 3, 2011 PIde return to: City Clerk's Office, 41000 Main Street (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Public/Traffic Safety Commission Application: Juliet Grossman I would like to serve as a Public/Traffic Safety commissioner because I am passionate about improving quality of life in Temecula. Efficiency, convenience, and above all safety are vital to the smooth running of our city for every resident. I have always volunteered in my community, from childhood Girl Scout days through high school when I was Soquel High's representative to the school board. As a UCLA student, I sat on the board of directors of University Cooperative Housing Association, and after my first real taste of working as part of a collaborative problem -solving group, I was hooked. Since moving to Temecula in 2003, I have thrown myself into projects to maintain the high quality of life we enjoy here. I was a co-founder of the Temecula Unit of Rady Children's Hospital Auxiliary and served for three years as treasurer. I also helped found Congregation B'nai Chaim's parent -teacher organization. Additionally, I have held board positions for Junior League of Riverside, MOMS Club of Temecula -Central, and Paloma Elementary School PTA. While I am passionate about Temecula and driven to improve our community, I derive incredible satisfaction from the board process itself. I am a collaborator and a problem -solver. I enjoy bringing people together to fmd common ground and shared solutions. Through my volunteer work, as well as my experience doing freelance writing for local publications like Taste of Temecula, I have really gotten to know the community well and can truly say I love living her more each and every day. My previous board experience is strong qualification to serve on the commission. In addition, I have strong organizational skills and am a patient, thorough listener. I have the ability to work in a group while completing needed research, preparation, and follow-through independently. Thank you for considering my application. I look forward to speaking with you in person about the Public/Traffic Safety Commission. VOLUNTEER SERVICE • Rady Children's Hospital -San Diego Auxiliary, Temecula Unit (two years as Treasurer) • Junior League of Riverside (two two-year board terms in fundraising and membership) • Congregation B'nai Chaim Murrieta (Ways and Means Chair) • Congregation B'nai Chaim PTO (two terms as Secretary) • MOMS Club of Temecula -Central (board terms as President and Treasurer) • Paloma Elementary School PTA (newsletter editor and rebate fundraisers chair) • 2009-2010 Paloma del Sol Homeowners Association elections observer Ann Guthrie 8071 Palm View Iane' Riverside, CA 925080 Phone: 951 334-3789 • Fax: 951 789-7129 E -Mail: agutlirieCl)pacbell.net Date: September 24, 2011 Temecula Public/Traffic Safety Commission Temecula City Hall 41000 Main Street PO Box 9033 Temecula CA 92589-9033 To Whom It May Concern: I have had the pleasure of knowing Juliet Grossman for more than ten years. When I first met her, she was serving on a committee for new Junior League of Riverside members. I was one of the new members that year. Junior League is a non- profit organization dedicated to training women to developing their potential and improving communities through the effective action and leadership of trained volunteers. I quickly saw that Juliet was exceptionally professional, and had an amazing ability to relate to people. Juliet was an excellent representative of Junior League of Riverside, and personified the mission of League. Over the years, I served in various leadership and Board positions at Junior League of Riverside (JLR), and had a constant working relationship with Juliet. Each year Juliet was placed in a position of responsibility with the League, either on the Board or as a Committee Chairperson. She displayed a keen knowledge of the workings and functions of all the diverse Junior League committees. Her ability to understand how the committees contributed to the community, as well as the policies and procedures of each committee were some of the reasons why Juliet was an exemplary contributor to Junior League. Each new position taken by Juliet within League, would require her to develop new and effective working relationships with both JLR and community members, city officials and city committees. Juliet's ability to work with all the diverse people and committees often made her the candidate chosen to interact with the different parties, and on various community projects. Juliet's ability to adapt to new opportunities, and to work with people of varying background, abilities and opinions makes her ideal for any position that requires leadership, teaming, facilitation, coordination, and the ability to work with divergent ideas. Juliet's skills and abilities make her an attribute to any organization. For these reasons, l unequivocally recommend Juliet to serve on the Temecula PubliclTraffic Safety Commission. Sincerely, Ann Guthrie Director, Califomia Destination Imagination Johanna Lack 39732 North General Kearny Road Murrieta, CA 92563 September 16, 2011 City Clerk's Office City of Temecula 41000 Main Street Temecula, CA 92590 Re: Commission Appointment Application, Juliet Grossman Dear Sir or Madam: I have known Juliet Grossman since 2006, during which time we served together on the board of Congregation B'nai Chaim. In addition, I was co-chair of B'nai Chaim religious school's education committee, and I worked closely with Juliet when she served as secretary of the PTO. Juliet and I have also both written for the local online magazine Taste of Temecula, which I now edit. Juliet would make a fine Public/Traffic Safety commissioner. She is very well informed and enthusiastic about Temecula, and it is clear that she enjoys learning more all the time. She is very concerned about maintaining and improving the quality of life for all citizens. During the time I have known her, she has taken a keen interest in numerous local issues. She handles these issues with an eye towards cooperation and problem solving. She is highly motivated, energetic and approaches matters with innovative solutions. You may contact me at (951) 760-0782 to verify this reference. Very truly yours, September 27, 2011 Temecula Public/Traffic Safety Commission To Whom It May Concern, My name is Rachel Lopez and I've been a Temecula resident since 2005 and I strongly recommend my dear friend Juliet Grossman serve on the Temecula Public/Traffic Safety Commission. I met Juliet through a mutual friend in 2007 and we have become great friends and colleagues. She is an avid volunteer and has held many board positions on many local non- profits/charities. She currently is the Team Leader for "Team Temecula" for Destination Imagination. Since I've known her she's been published in many newspapers editorial sections. Juliet was also featured in an article in Inland Empire Magazine, listing her as one of the most influential woman in our area. She has earned a huge following on Twitter (as @DailyTemecula) and on her blogs DailyTemecula.com and Julietness.com. I'm always so impressed by the wide range of information she has regarding local businesses, politics and schools. She is always eloquent and shares her thoughts and feelings without being harsh or judgmental. I'm always impressed how she listens to all sides of the issue before she offers her own perspective. She is extremely passionate about our schools traffic and congestion issue and how that relates to safety for our children. The Commission couldn't ask for a better candidate to serve. She is kind, intelligent, extremely well informed, and passionate about Public/Traffic Safety. In every situation I've known Juliet she is always approachable, easy to talk to, and sets everyone at ease. I'd like to thank you, as a resident of Temecula, for choosing such a wonderful and qualified candidate for such an important position. Sin cerele, Rachel Lopez 951.526.7858 RealtorRachel@verizon.net Ianthe I. Stanley 3741 Lanyard Drive, NE Lacey, WA 98516 (951) 541-3217 (Temecula resident 2004-2011) October 1, 2011 To Whom It May Concern, It gives me great pleasure to write a letter of recommendation for Juliet Grossman, my friend of 7 years. I had the pleasure of serving with her on the Children's Hospital Auxiliary of Temecula for one term as well as working together for the MOMS Club, Temecula -Central for the past 7 years. I am perpetually impressed with Juliet's genuine concern for her community and knowledge of local affairs. I feel it is simply in her nature to care about her community. Juliet consistently maintains a positive attitude and is always willing to volunteer. I recall her stepping in, mid-term, as President of the MOMS Club when another member resigned the post. MOMS Club is a non-profit group that serves women and children in our community, and it cannot exist without a President. Juliet kept the MOMS Club going that year and we were able to complete our many community service projects under her leadership. I find that Juliet is a good listener as well as an excellent communicator. I have long admired that she has the ability to relate well with people from all walks of life. Juliet does not shy away from a position when she feels she can be of help. Although she often maintains a busy schedule, I have known her to volunteer for various board positions, community action events, and committee work without overextending herself. Although my family recently has had to relocate away from Temecula, I still feel as though Temecula is "home". I am keeping tabs on Temecula happenings from afar and looking forward to continued positive development, as it is truly a gem of a city. Here's hoping that all Temecula citizens might develop just a fraction Juliet's concern for their community. I whole-heartedly recommend Juliet for any position that requires concern for, and knowledge of, the Temecula Community. I feel that you would be lucky to have her. Sincerely, Ianthe I. Stanley City of Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula Please Check One: OCT 11201. CLERKS pe b Planning Community Services X Public Traffic Safety Number of years as a City of Temecula Resident 3 Are you a City Registered Voter? Yes NAME: Chad Michael Harris OCCUPATION: Branch Owner ADDRESS: 46221 Corte Oaxaca Temecula, CA 92592 DAYTIME PHONE: 310.469.4489 EVENING PHONE: 951.699.4524 EMPLOYER NAME: ACC Temecula Home Loans EMPLOYER ADDRESS: 27740 Jefferson Ave, Ste.24(E_MAIL charris@accloanp ro.com Educational Background/Degrees: Bachelors of Arts in History, University of Southern California 1994 Bachelors of Arts, International Relations, University of Southern California 1994 List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Not yet. List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): California Department of Real Estate License, National Mortgage Loan Originator Endorsed, Member of the CAMP, NAMB. Rotary Club of Temecula Active Member, Co - Chair International Committee. PADI Dive Master. 2010 Rotary Club Rookie of the Year . 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. Letters of recommendation and/or references are encouraged.) Please see attached documentation I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: Date: 10/11/11 Please return to: City Clerk's Office, 41000 Main Street (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE QUALITIES AND ATTRIBUTES OF AN EFFECTIVE COMMISSIONER • Informed citizen (someone knowledgeable about local affairs) • Ability to have a good rapport with citizens • Genuine concern for the community as a whole • Be a good listener • Served in another capacity prior to commission service (i.e. volunteer groups, non-profit organizations, service clubs, etc.) • Relates well to other people, including other commissioners • Has the ability to accept decisions not of their own personal view if that is the will of the majority Julian Potter Chief of Staff San Francisco International Airport P.O. Box 8097 San Francisco, California 94128 October 1 I , 2(1 1 To Whom It May Concern: 1 am writing this letter of recommendation on behalf of Chad Harris who is applying to serve as a member of the Temecula Public/Traffic Safety Commission. I have known Mr. Harris through work and family connections for the past 5 years. In that time I have grown to admire and respect his tenacity in following up on difficult projects with diligence poise and persistence. Chad has an innate sense of service and would bring a high level of commitment to his work on the Commission. Outside of his Mortgage Business, he is also an active member in the Rotary Club. A key project that Chad provided leadership on involved researching and writing a grant for $21,000 to provide over one hundred children with optical lenses that gave them the opportunity to read, attend school and play sports. He is a committed community family man devoting time to coaching Soccer and working on school projects with his two children and wife. He also opens up his home to provide a place for exchange student's to live and study. Chad has a sincere desire to serve the City of Temecula. His passion for community service and his successful business acumen combine to make him an attractive candidate for the analysis the Commission provides to the city on traffic and law enforcement recommendations. Mr. Harris would be a loyal public servant; I recommend him without qualification. Sin ,rely; 41/0 d Julia'h Potter ACCT ECU LA HOME LOANS October 10, 2011 To Whom it May Concern, My name is Chad Harris and I am a current resident and registered voter in the City of Temecula. I am writing to express my interest for the position of Public Traffic Safety Commissioner. As a resident of Temecula with school aged children, I've been able to see firsthand the importance of upholding the traffic safety within our community. I am an informed citizen with a good knowledge of what is going on within the Temecula community through my service and involvement in various organizations. I believe my genuine concern for the people of Temecula alone would make me a great candidate for this position. I have been fortunate enough to build good rapport with many citizens of the community through my service in the Temecula Rotary Club which is heavily involved at both a local and international level. My hours of service and commitment to the club earned me the 2009 Temecula Rotary Club Rookie of the Year. My strong listening skills, confidence and negotiating skills would lend itself well to the Public Traffic Safety Commissioner Position. Through my various roles in the Temecula Rotary Club I have learned how to work well in group situations to accomplish goals in planning, coordinating and working such events as Race for the Cure, Temecula Challenge, and the Taste of the World events. All of these events supported both local and International funded projects. My job requires me to be on the Temecula streets a good majority of the day which has enabled me to establish relationships within the community while helping to recognize some of its potential needs. Through my involvement within the Temecula Unified School District as a Watch Dog Dad and as a current International Exchange Program Host Dad, it has made me much more interested in public safety and traffic. Coming from a family of Police and Firefighters, I have always identified and admired our local heroes. That, in itself, coupled with my love for this city make me the perfect candidate for the Public Traffic and Safety Commissioner Position. 27740 Jefferson Avenue, Suite 240, Temecula, CA 92592 p. 951.225.6900 f. 951-225-6897 DRE# 01174694 NMLS# 264422 AfftraiT i 11v\ No' HOME ECULA LOANS I have attached a letter of recommendation along with my qualifications. Please don't hesitate to contact me if you have any questions regarding anything mentioned here. Thank you in advance for your consideration. Sincerely, Chad Michael Harris 951.699.4524 charris@accloanpro.com 27740 Jefferson Avenue, Suite 24o, Temecula, CA 92592 p. 951.225.6900 f. 951-225-6897 DRE# 01174694 NMLS# 264422 Oct 04 11 12:03p 9513027984 p.1 555 N. Nish Street B Segundo, California 90245 October 4, 2011 Temecula City Council 41000 Main St. Temecula, CA 92590 Your FOVrtiia+io' 310.421.6100 310.426.6105 fax www.lakers.conr Dear Temecula City Counci. _I am writing to you about Mr. Chad Harris, whom I believe would be an outstanding candidate for the Public/Trey:fic Safey Commission position. Chad has already proven himse,to be a valuable asset to Temecula and the community through his service as a Temecula Rotarian, where he was voted Rookie of the Year in 2009. 1 -le received this honor for his hours of community participation in events such as Race for a Cure, Temecula Challenge, and the Taste of the World Events, all aimed at raising funds to support both local and Internationalfunded projects. I have had experience with Chad Harris, both on a personal and professional level and feel that his background in Business and Real Estate coupled with his experience in facilitating and planning local events make Chad an excellent candidate for the Public/Traffic and Safety Commission position. Furthermore, his strong admiration for the polio and firefighters of Temecula will be beneficial in continuing to develop a cohesive working relationship that will protect and improve the City of Temecula. Please accept this letter as my enthusiastic recommendation of Mr. Chad Harris for the Public/Trac Safety Commission position. I'm confident that his keen understanding of Temecula and his service in various roles within the community make him a perfect fit for this job. Please consider him to serve in this capacity within our community. Janie Drexel Director, Charitable Services Los Angeles Lakers Temecula Resident 951-302-7319 on.net City of Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula C.EIVED ;tERKS t)EPT. P/ease Check One: Planning Community Services x Public Traffic Safety Number of years as a City of Temecula Resident 15 Are you a City Registered Voter? Yes NAME: Chuck McCrory OCCUPATION: Private Investigator ADDRESS: 32891 Valentino Way, Temecula, CA 92592 DAYTIME PHONE: (951) 970-2292 EVENING PHONE: (951) 302-3059 EMPLOYER NAME: McCrory Investigations EMPLOYER ADDRESS: Same as above E-MAILsnoopy . one@veri 2 Educational Background/Degrees: Associate of Science Degree -Police Science List any City or County Board, Committee or Commission on which you have served and the year(s) of service: None List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): I distribute food, clothing and money to the Temecula Food Pantry. My wife is a member of a charitable organization that collects these items for the needy. 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. Letters of recommendation and/or references are encouraged.) (See attached) I understand that any or all information on this form may be verified. 1 consent to the release of this information for public information purposes. Signature:VN1rN.,. Please return to: City Clerk's Mail to: P.O. Box +o Date: /2011 41000 Main Street (951) 694-6444 (OR) Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE r ii ri (c.,._ .,..._ r _ _ _ ,___. T .._i r Investigations ..voiti October 7, 2011 City of Temecula City Council 41000 Main Street Temecula, CA 92590 Dear City Council Members: Chuck McCrory CA Lic #23241 Temecula, CA Office: (951) 970-2292 FAX: (951) 303-6511 E-mail: snoopy.onecverizon.net This letter is to formally apply for the position of Public and Traffic Safety Commission with the City of Temecula. My name is Chuck McCrory and I have lived in Temecula for approximately 15 years. In addition, I have been a registered voter for over 40 years. To provide you with background information, I joined the California Highway Patrol (CHP) in 1969 and retired in 2002 after 32 years of service. My career provided me with opportunities to work in the counties of Los Angeles, Ventura, Sacramento and San Diego as an Officer and Sergeant. After my retirement from the CHP, I started my business as a Private Investigator (PI 23241). I currently provide pre- employment investigation reports for various cities in Orange and Los Angeles Counties. I also occasionally work for a personal injury attorney in Palm Desert. My duties include accident scene analysis, client and witness interviews, and completion of various forms to complete an "intake". I discussed the Commission duties with my friend and current Commissioner Pete Ramos. He briefly described the duties of the job including working with different departments to analyze and review statistics to make recommendations to the City Council. In addition, Pete indicates the Commission meets with staff from the local Fire Department, Police Department and Public Works to act as an advisory committee. My education and experience with the CHP has provided me with significant knowledge regarding traffic accident analysis, use of various codes pertaining to enforcement of laws and working with governmental departments, which included city, county, state and federal agencies. As a sergeant with the CHP, it was my job to thoroughly investigate citizen complaints, no matter how frivolous. Typically, the citizen is pleased just to be heard and the conflict is resolved in a friendly manner. Temecula City Counsel Page 2 My other duties with the CHP included a 5 -year assignment to Commercial and Technical Services section at Headquarters in Sacramento. During my tenure, I was assigned to be the Departmental liaison to various city, county, state and federal agencies. Obviously, the liaison experience will assist me on the Commission and working with the City of Temecula It is my opinion that my experience and knowledge will assist the City of Temecula and I look forward to serving on the Public Traffic Safety Commission. In addition, I am a good listener with genuine concern for the future of Temecula. Sincerely, Chuck McCrory Attachment (Application) City of Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula :ElVED SEP 3p0 2011 T!J CLERKS UEN i Please Check One: Planning Community Services X Public Traffic Safety Number of years as a City of Temecula Resident L1 Are you a City Registered Voter? YES NAME: Richard E. Marruffo II OCCUPATION: Navy Senior Chief ADDRESS: DAYTIME PHONE: ( EVENING PHONE: ( EMPLOYER NAME: Assault Craft Unit FIVE EMPLOYER ADDRESS: Box 555161 Camp Pendleton, CA E-MAIL Educational Background/Degrees: List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): 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. Letters of recommendation and/or references are encouraged.) I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: �:—� — ff! Date:,;2A// Please return to: City Clerk's Office, 41000 Main Street (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE PUBLIC TRAFFIC SAFETY COMMISSION APPLICATION Educational Background/Degrees: I have an AAS degree in Technical Studies from Excelsior College of New York. I am currently attending Columbia Southern University online, pursuing a BS degree in Occupational Safety and Health. I have attended driver training and large vehicle driver training through the military. I have also attended the Motorcycle Safety Foundation's motorcycle safety course every two years since 1995, as well as the MSF's dirt bike rider safety course. List any City or County Board, Committee or Commission on which you have served and the year(s) of service: None List any organizations to which you belong: I do not belong to a group at this time. I was a volunteer for the San Diego County Sheriff Search and Rescue from 2002 to 2005. I also participate in many local fundraisers for organizations including but not limited to Michelle's place, Oak Grove, just to name a few. I also attend most Temecula Chamber of Commerce events in support of my wife's local business. State why you wish to serve on this commission, and why you believe you are qualified for the position: I have lived in Temecula on and off since 1978, seeing it go through various stages of growth. My current residency started in 2007. I have served and continue to serve my country in the United States Navy since 1987. My reason for joining the Navy back then was to serve and protect my country. It is my desire to serve my community to make it a safe and enjoyable place for all who live here and for all who visit. I believe that this position would give me the opportunity to do that. From 2002 to 2005, I worked as a Navy Police Chief. During that time I interacted with many federal (NCIS, Border Patrol), state (CHP), and local (Sheriff, SDPD) law enforcement agencies on a regular basis. I provided my commanding officer with law enforcement recommendations, as well as anti-terrorist prevention planning and training, and command disaster planning and prevention. As a Search and Rescue volunteer, I interacted directly with the public on numerous occasions. As a Senior Chief in the U. S. Navy, my daily duties include making tough decisions that affect everything within my command. Thank you very much for your time and consideration. Sincerely, Richard E. Marruffo II City of Temecula 41000 Main Street Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 RECEIVED OCT 042011 CIr c Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula LERKS DEPT. Please Check One: Planning Community Services X Public Traffic Safety Number of years as a City of Temecula Resident 14 Are you a City Registered Voter? yes NAME: Todd D. Smith OCCUPATION: Fire Captain ADDRESS: DAYTIME PHONE: EMPLOYER NAME: City of West Covina EVENING PHONE: EMPLOYER ADDRESS: 1444 W. Garvey, WC, CA E-MAIL 67 1t.coviva vey Educational Background/Degrees: Masters of Business Administration Executive Fire Officer Bachelors of Arts in Business Administration List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Budget and Funding Committee City of West Covina 2001-2009 List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Southwest Boys and Girls Club, Temecula Valley Pop Warner, Temecula Valley Soccer Academy, Temecula Valley Balloon and Wine Festival, People Helping People, Habitat for Humanity 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. Letters of recommendation and/or references are encouraged.) Please see attached letter. I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: /z. Date: September 26, 2011 Please return to: City Clerk's Office, 41000 Main Street (951) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE September 26, 2011 City Leaders, I recognize the position of Commissioner on the Public/Traffic Safety Commission as one of great importance. It encompasses two very different, but complementary safety concerns for the City. Traffic and public safety concerns must be addresses in a proactive manner and with considerations to all City stakeholders. I feel very qualified to serve on the commission with over twenty years of experience of all areas of public safety. My greatest strength is my ability to work with others to solve routine and difficult problems. I have served in volunteer and profession capacities over the past ten years to help solve issues affecting municipalities. I also have a strong understanding and appreciation of traffic safety and traffic flow. The City of Temecula has become a city of traffic efficiency. This was not always the case and it is important that we stay proactive in all traffic matters. Traffic decisions must take into considerations three important types of drivers. These include our residents, business owners and visitors to our City. As tourism grows we must consider out-of-town drivers when making traffic decisions. Our City has a unique public safety system established. We have four separate and independent entities that provide for our safety. These relationships are vital to our City and effective communications must be maintained. It will be these relationships that our City will depend on if a disaster occurs. As a longtime resident with many close ties to our City and its residents I would be honored to use my skills and knowledge to maintain and improve our great City. Sincerely, Todd D. Smith City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694-6444 Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula Please Check One: Planning Community Services Number of years as a City of Temecula Resident 4 .'OCT .1 i Ifli Y .:,L1E ; Public Traffic Safety Are you a City Registered Voter? NAME: Getrty yOvPs, 4.,S OCCUPATION: '%P*&k • Se..ep!L V ADDRESS: _ EMPLOYER NAME: SC.CUR_;'6 3)S,..esi $boT4A.A � a11,4- lo'X E-MAIL EMPLOYER ADDRESS: 301N Educational Background/Degrees: Scv. DI,e,g0 S Vktu`r14,, List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Gewalt/D-12 p(o.. ' cr��'eW (-0 rwr►+ ire Tom. Ste, COO. til Ia+-• _ -� yes List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): SP CQ _!, a.�, f �,, � � �.�tv CSV. �w�wlQ� tgo�A4.4 .`��Q w +low tejPr4. iMA►•1M S'4•tl� c 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. Letters of recommendation and/or references are encouraged.) � cam v� o l.4 4,Qiv",6 71-n 1, '*& C .+r.? s s: o,.. , '1\4►S (0c) Lk, �- WC L Q s4v-t{.. 44.04- `.10t• G CQ- 4-0 '4414% lazIti.Q. 4642 CO +ss )0,4 . I understand thany or all info mation on this form may be verified. I consent to the release of this informati. 1 f•, public in or nation purposes. Signature: Date: % heel /II Please return t ( ity C/ i 's Office, 43200 Business Park Drive (951) 694-6444 (OR) ail to .O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE DEPARTMENTAL REPORTS Item No. 23 Approvals City Attorney Director of Finance City Manager 00L CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: November 22, 2011 SUBJECT: October Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of October, 2011. CURRENT PLANNING ACTIVITIES New Cases The Division received 38 new applications for administrative, other minor cases, and home occupations including 8 applications for public hearings during the month of October. Special Projects & Lonci Ramie Planninci 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 — This project was approved by the City Council on January 22, 2008. On December 30, 2009 the applicant submitted an application for a one year extension of time and Council approved this extension on January 26, 2010, extending the approval until January 22, 2011. The applicant submitted a Major Modification application on June 18, 2010, to reduce the number of hospital beds in the first phase from 178 beds to 140 beds and to change the construction of the building from concrete to framed construction. The Planning Commission recommended that the City Council approve the Major Modification application on December 15, 2010 and City Council approved the Modification application on February 8, 2011. A grading permit was issued for rough grading operations on June 8, 2011. Clearing and grubbing operations began on June 9, 2011, cut/fill operations began on June 21, 2011, and import operations began on June 30, 2011 and have been completed. The applicant obtained their 401 Permit from the Regional Water Quality Control Board on September 26, 2011, their 404 Permit from Army Corps on September 30, 2011, and clearance from the California Department of Fish and Game on August 1, 2011. With these permits the applicant is able to complete the mass grading of the entire site. Precise grading for the first hospital tower pad is underway. UHS obtained foundation plan approval from OSHPD for the first hospital bed tower on October 18, 2011, and construction of the building footings is scheduled to begin on November 17, 2011. Structural steel is scheduled for delivery to the construction site in mid January, 2012 and vertical construction of the first hospital bed tower is anticipated to begin in February, 2012. (FISK) • The Green House Gas (GHG) Emissions Inventory—The Green TAC selected 2007 as the base year for GHG emissions inventory analysis. Two inventories were prepared: 1) a municipal operations inventory and, 2) a communitywide inventory. The next steps are to select a target emission reduction and identify implementation measures that will achieve the selected target. The Green TAC established a test target of 15 percent below the 2007 base year. Staff is currently reviewing potential reduction measures to see if a 15 percent reduction in GHG emissions below baseline is feasible. (WEST) • Residential Energy Efficiency Loan Program — The Residential Energy Efficiency Loan Program makes low interest loans available to low and moderate income homeowners to make energy efficient improvements to their homes. The Program allows for specific types of energy efficiency improvements based on the year of construction, which coincides with the changes to Energy Codes of the California Building Standards. The Residential Energy Efficiency Program will work in conjunction with the Redevelopment Agency Residential Improvement Program, which offers forgivable loans for qualifying interior and exterior home improvements. The program was approved by the City Council on September 14, 2010 and staff began accepting applications on January 1, 2011. The three applications that were being reviewed were determined to be ineligible for funding. Currently, there are no applications pending. (WESTIWEAVER) • Liberty Quarry — The County of Riverside has held six continuous Planning Commission Meetings (April 26, May 3, June 22, July 18, August 15 and August 31) for Granite Construction's Liberty Quarry proposal for a Surface Mining Permit, Change of Zone, and Noise Ordinance Exception. The project is a 75 -year land use permit for a rock quarry and associated aggregate processing facilities, hot mix asphalt plant, ready mix concrete plant, concrete and asphalt recycling facility, administration and employee buildings, a maintenance facility with diesel, gas and propane tanks, water tanks, natural gas fuel engines for electric power generation, water and gas lines, truck scales, and truck and equipment parking areas within a 414 acre -site located adjacent to the City's southern boundary within the County of Riverside. The City reviewed the Draft Environmental Impact Report and provided comments to the County of Riverside on November 23, 2009. Despite voluminous comments on the DEIR received by the County on the project, the Riverside County Planning staff determined that redrafting or recirculating the Liberty Quarry Surface Mining Permit Draft Environmental Impact Report was not required and recommended approval to the Planning Commission of the project including certification of the EI R. The City provided additional written support material in opposition of the project throughout the Planning Commission hearings. In addition, the City Council, City staff, City Attorneys and the City's experts on topics including air quality, traffic, aggregate resources, hydrology and geology provided testimony to the Planning Commission during the hearings. Simultaneously, the Pechanga Band of Luiseno Indians, in efforts to oppose Liberty Quarry, sponsored a State Bill (AB 742 -Bonnie Lowenthal along with 38 co-authors) to Amend Section 2773.3 of the Public Resources Code with site-specific language to protect the Native American sacred site of the Luiseno Indians Creation Area from mining. City Council Member Edwards and Council Member Comerchero travelled to Sacramento on August 23, 2011 to voice the City's support of AB 742 at which time the Committee of Natural Resources and Water encouraged the tribe and Granite Construction to try to reach a settlement and voted 7-0 to move the Bill to the Senate's Rules Committee where it will remain until the Legislature reconvenes in January 2012. Back at the County level, on August 31, the Riverside County Planning Commission voted to deny Liberty Quarry (4-1 vote with Commissioner Porras dissenting) based upon multiple reasons of concerns deliberated by each Commissioner. The County's resolution for denial and its findings will be brought back to another Planning Commission hearing on December 7, 2011 at which time the Commission is anticipated to adopt the Resolution to formalize their decision to deny the project. It is anticipated that Granite Construction will appeal the Planning Commission decision thereafter and the project will be ultimately heard by the Board of Supervisors in early 2012. JOHNSON/RICHARDSON/LOWREY • Jefferson Avenue Study Area Urban Land Institute Technical Advisory Panel (ULI TAP) — Staff is studying the Jefferson Avenue Corridor to create a future Specific Plan for the area. The boundaries of the Jefferson Avenue Corridor are preliminarily defined to include all properties north of Rancho California Road, east of Diaz, south of the Murrieta City boundary and west of Interstate 15. In June 2010, approximately 15 representatives of the Urban Land Institute (ULI) together with City Staff conducted a tour of the Jefferson Corridor. The ULI Technical Advisory Panel consists of design, architectural, engineering, retail, and planning experts and provided the City with an outside expert review of the Jefferson Avenue Corridor with land use recommendations. The ULI Technical Advisory Panel (TAP) held a one -day planning summit in the Council Chambers on June 23, 2010, and shared their findings and recommendations with City staff. On September 23, the recommendations from the ULI Technical Advisory Panel were presented at a ULI Transit Oriented Development conference in Anaheim. This conference was intended to highlight the planning efforts being made throughout California in relation to the future high speed rail that will eventually connect San Diego to San Francisco. The City of Temecula was recognized, along with two other cities (San Diego and San Jose), for its future transportation planning efforts and ULI TAP process. Since the future high speed rail station will be located to the north of the Temecula boundary in Murrieta, the ULI TAP process provided a case study for a "station adjacent" community and focused on how future land use planning efforts within the Jefferson Avenue Corridor will take advantage of the proximity to the future high speed rail station. The ULI TAP recommendations have provided valuable information from a group of outstanding and diverse professionals. The recommendations from the study will set the foundation as the City embarks on our own planning effort for the Jefferson Avenue Corridor. • Jefferson Avenue Study Area Visioning and Public Outreach —On January 11, 2011 the City Council established the Jefferson Avenue Ad Hoc Subcommittee comprised of Mayor Ron Roberts and Council Member Jeff Comerchero. On July 25, 2011 staff met with the Jefferson Avenue Ad Hoc Subcommittee to discuss the status of the Jefferson Avenue Planning effort and the status of the SCAG Compass Blueprint Demonstration Project Grant which was awarded to assist the city with the public outreach and visioning process. Through SCAG's RFP process, MIG, Inc. was selected as the planning and public outreach consultant. This firm would be tasked with conducting a total of five Jefferson Avenue Study Area Visioning Workshops over the next 9 months. These workshops are intended to solicit community input and feedback which will be developed into a community-based vision for the future. The community-based vision would set the foundation for a future specific plan which would guide the future revitalization of this area over the next 15-30 years. At the conclusion of the July 25, 2011 subcommittee meeting, the subcommittee members gave staff the authorization to move forward with the public outreach and visioning effort for the Jefferson Avenue Study Area. In preparation forthe first Visioning Workshop, staff met with Mayor Roberts on September 26, 2011 and with Council Member Comerchero on September 28, 2011 to discuss the following items: 1) Draft layout/content of project website, 2) proposed marketing/branding effort for visioning process, 3) stakeholder interview process, 4) agenda for Visioning Workshop # 1, and 5) the press release strategy. Additionally, as part of MIG's scope of work, stakeholder interviews were conducted with a number of stakeholders and community members. The first round of stakeholder interviews were held on September 28, 2011 with various stakeholders including Mayor Ron Roberts, Council Member Comerchero, Public Traffic Safety Commissioner Youmans, Planning Commissioner Kight, representatives from the Convention and Visitor's Bureau, and a local property owner/broker. The second round of interviews were held on October 6, 2011 and included local property owners/business owners, a representative from the Temecula Chamber of Commerce, the Southwest Economic Development Corporation, Community Services Commissioners Hogan and Fox, and Planning Commissioner Carey. The first Jefferson Avenue Study Area Visioning Workshop was held in the Conference Center at the Temecula Civic Center on October 18, 2011. The meeting agenda included a presentation from planning staff discussing the project overview, existing conditions, and project background, followed by an interactive and lively facilitated discussion by MIG to solicit the stakeholder's ideas for the future vision of the area, the future opportunities forthe area and potential challenges that may need to be overcome. Over 50 stakeholders attended this first visioning workshop. The second Jefferson Avenue Visioning Workshop will be held sometime in the next couple of months. The second workshop will discuss Urban Design and Placemaking strategies.(RICHARDSONIWATSON/INNESIWEST/LOWREY) • SCAG 2012 Regional Transportation Plan — The update to the Southern California Association of Governments (SCAG) 2012 Regional Transportation Plan (RTP) is underway. The RTP includes a Sustainable Communities Strategy (SCS), which is a new component to the RTP as a result of the passage of SB 375. Staff has provided land use, employment and population data to SCAG and the County of Riverside Center for Demographic Research to establish Base Year Conditions and General Plan Based Growth Forecast/Distribution and land use for years 2020 and 2035. The Regional Transportation Plan, including the SCS, is scheduled to be adopted by SCAG by November 2012. (WEST) • Caltrans Community Based Transportation Planning Grant — The City of Temecula was awarded $248,200 from Caltrans for a Community Based Transportation Planning grant. This grant will fund a multi -jurisdictional transportation corridor planning effort for the Historic Highway 395 Corridor for the Cities of Temecula, Murrieta, Wildomar, and Lake Elsinore. The City of Temecula is the lead agency and primary recipient of the grant funding. WRCOG is a sub -recipient for the purposes of administering the grant. The City of Murrieta, City of Wildomar and City of Lake Elsinore are grant participants. The Historic Highway 395 Corridor is a 16 -mile central north/south arterial that parallels the west side of Interstate 15. The planning effort will promote public engagement, livable communities, and will address mobility, access and safety along the Historic Highway 395 Corridor. As a part of this effort, the City of Temecula will analyze affordable housing opportunities, and the opportunities and impacts of increased intensity and density, mixed-use development and impacts and opportunities related to the transportation network. The final product emerging as a result of this grant will be a "Multi -Jurisdictional Corridor Plan for the Historic Highway 395 Corridor" which is a 20 -year transportation plan for the Corridor. The Caltrans Community Based Transportation Planning grant is anticipated to complement the ULI Technical Advisory Panel study completed for the Jefferson Avenue which focuses on future land use and transportation planning efforts related to the high speed rail alignment through the City of Temecula. The City Council approved the contract with Fehr and Peers on August 9, 2011. The project kick-off meeting with the consults and City staff was held on August 16, 2011. The community outreach and engagement effort of this project is being coordinated through the SCAG Compass Blueprint Demonstration Project in conjunction with the Jefferson Avenue Study Area. A custom website is under development which will serve as the hub for information accessed by staff and the general public. The website is anticipated to go live in October, 2011. A series of public engagement workshops are to be held, with the first workshop scheduled for November 17, 2011 at 6:30 P.M. at the Murrieta Public Library. Outreach to the public is anticipated to wrap-up by June 2012. The Historic Highway 395 Corridor project will be completed by February 2013. (WEST/INNES) • SCAG Compass Blueprint Demonstration Project Grant for the Historic Highway 395 Corridor and Jefferson Avenue Study Area Visioning and Public Outreach Process — The City of Temecula was awarded a Compass Blueprint Demonstration Project grant by SCAG in February 2011 to provide visioning and public outreach assistance for the Caltrans Community Based Transportation Planning Grant funded by Caltrans, and the visioning and public outreach assistance with the Jefferson Avenue Study Area. The objective of the grant is to establish a vision for the future of the Jefferson Avenue Study Area through public outreach and an extensive visioning process. The visioning process is intended to promote SCAG's four key principles of livability, mobility, sustainability and prosperity and also focus on achieving the goals of SB 375. The future Jefferson Corridor Specific Plan area is intended to become a mixed-use, transit -oriented corridor and future planning efforts are intended to support the feasibility of the future High Speed Rail station that is slated to be located north of the specific plan area in the City of Murrieta, and the planned Cherry Street Transit Station located on the boundaries of the City of Murrieta and Temecula. The public outreach efforts will include visioning workshops and a website dedicated to the visioning and public outreach process. MIG was the consulting firm selected as a result of the interview process. MIG is under contract with SCAG and will provide professional planning consulting work for the public outreach effort for the both the Jefferson Avenue Study Area Visioning Process and the Caltrans Community Based Transportation Planning Grant. The project kick-off meeting with the consultants and City staff was held on August 16, 2011. (WEST/INNES) • Development Code Amendment to address concerns with off -sale alcohol sales for businesses that require a Conditional Use Permit — On May 24, 2011 the City Council adopted an Interim Urgency Ordinance establishing a 45 -day moratorium on the issuance/approval of Conditional Use Permits for off -sale alcohol businesses (i.e. Convenience Markets and Liquor Stores). On June 28, 2011 the City Council adopted an extension to the Interim Urgency Ordinance to extend the moratorium until May 13, 2012. This extension would provide staff adequate time to prepare studies as may be required to determine the appropriate locations in the City for Off -Sale Alcohol CUP businesses and to determine whether additional regulations should be imposed upon these businesses or whether these businesses should be prohibited in certain areas of the City. Since adoption of the moratorium ordinance on May 24, 2011, Staff has been studying potential provisions for the City's Zoning Ordinance that would mitigate the detrimental impacts on public peace, health and safety expressed in the moratorium ordinance, including review of ordinances from other cities addressing these issues. In addition, staff will determine if additional regulations should be imposed upon Off Sale Alcohol CUP Businesses to reduce their detrimental impacts on public peace, health and safety and report these findings to the City Council at a public hearing. Staff is currently working with the City Attorney to prepare the draft ordinance and required environmental documents. Staff anticipates bringing a draft ordinance to the Planning Commission and City Council in December, 2011. (KITZEROW) Planning Agenda Report 10/1/2011 through 10/31/2011 1. Recently Approved APN # 944330001 • PA10.0326 Rancho Highlands Maravilla CHERYL KITZEROW A Multi -family development plan application for Maravilla at Rancho Highlands. A proposed 210 unit triplex project with units ranging in size from 1,100 to 1,700 square feet. The project site is approximately 24 acres located along the west side of Ynez Road at Tierra Vista Road, Tract 23992. (previously approved/expired project PA05-0167) Submitted Date Approved Date Nov 52010 Oct 19 2011 • PA11-0217 Simply Sharon's Minor CUP APN # 910310010 ERIC JONES A Minor Conditional Use Permit to allow an existing restaurant to upgrade their existing Type 41 liquor license to a Type 47 and provide live entertainment on Wednesday through Saturday from 7 p.m. to 1 a.m., located at 27464 (APN: 910-310-010) Submitted Date Approved Date Aug 15 2011 Oct 19 2011 • PA11-0240 Rod Run Fall 2011 APN # 922026008 CHRISTINE DAMKO Fall Rod Run to take place in Old Town on Friday, October 14 and Saturday, Ocotber 15 with Front Street street closure Submitted Date Approved Date Sep 13 2011 Oct 13 2011 • PA71-0249 Norris Ranch Pumpkin Patch APN # 959070018 STUART FISK A Major TUP to operate Norris Ranch Pumpkin Patch in front of Rancho Commuity Church to be held from October 14 to October 31, 2011, located at 31300 Rancho Community Way. Submitted Date Approved Date Sep 21 2011 Oct 12 2011 APN # • PA11-0258 Quaid Troops Support Major TUP 922120010 ERIC JONES A Major Temporary Use Permit for Quaid Harley Davidson, located at 28964 Old Town Front Street, to conduct the Support our Troops VIII event on December 3, 2011 from 11 a.m. to 2 p.m. (APN: 922-120-010). Submitted Date Approved Date Oct 6 2011 Oct 24 2011 1 of 5 Planning Agenda Report 10/1/2011 through 10/31/2011 2. Scheduled for Hearing • PA10-0317 Mtn. View Community Church CUP APN # 910281001 MATTHEW PETERS A Minor Conditional Use Permit for Mountain View Community Church to operate in a Service Commercial (SC) zone and occupy approximately 101,619 square feet of an existing building next to Gold's Gym located at 29201 Ynez Road (APN 910-281-001). Related cases PR10-0025 and PA10-0318. Submitted Date Anticipated DRC Meeting Date Planning Commision Oct 29 2010 Dec 7 2011 • PA11-0141 Christ Fellowship Minor CUP APN # 909270057 ERIC JONES A Minor CUP to allow the Love of Christ Fellowship to operate a church located at 41630 Winchester Road within suites B and C (APN: 909-270-057). Submitted Date Anticipated DRC Meeting Date Directors Hearing May 22011 Nov 3 2011 • PA11-0200 Harveston Barrington Mod Arch APN # 916681012 CHERYL KITZEROW A Major Modification to PA10-0021, the approved Home Product Review/Architectural Plans for the build -out of 41 lots in Harveston's Barrington community. Six new and one previously approved architectural plans with four elevations each are proposed, ranging in size from 2,320 to 3,464 square feet. Project is generally located at the northeast corner of Ynez Road and Date Street. Submitted Date Anticipated DRC Meeting Date Planning Commision Jul 21 2011 Nov 16 2011 2 of 5 Planning Agenda Report 10/1/2011 through 10/31/2011 3. New Submittals Pending DRC Meeting • PA11-0031 APN # Rancho Highlands Maravilla MHC 944330001 CHERYL KITZEROW A Major Temporary Use Permit for a Model Home Complex at Maravilla (Rancho Highlands - PAI0-0326) located along the west side of Rancho Highlands Drive, east of Ynez Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 3 2011 TBD • PA11-0156 Arco (Winchester) Major Mod APN # 909281017 ERIC JONES A Major Modification application to allow an existing gas station to install three new gas pumps, 13 new parking spaces and an 850 square foot building addition to accommodate a deli. The project is located at 41555 Winchester Road (APN: 909-281-017) Submitted Date Anticipated DRC Meeting Date Hearing Planned Jun 62011 TBD • PA71-0157 Arco Major Modification APN # 950100011 ERIC JONES A Major Modification application to allow an existing gas station to install three new fuel pumps and add 1,000 square feet to the existing convenience store to make room for a deli. Outside seating will also be provided. The project is located at 44239 Margarita Road (APN: 959-080-017). Submitted Date Anticipated DRC Meeting Date Hearing Planned Jun 62011 TBD • PA11-0183 Rancho Baptist Major Mod APN # 922130017 ERIC JONES A Major Modification to allow Rancho Baptist Church, located at 29775 Santiago Road, to add 2,178 square feet to an existing structure and add 62 additional parking spaces to the existing parking lot (APN: 922-130-017) Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 5 2011 TBD • PA11-0212 5 & Diner Remodel APN # 910320037 STUART FISK Demolition to existing exterior walls (formerly 5 & Diner) and provide new structure from prior modification located at 26460 Ynez Road, Temecula , CA 92591. Submitted Date Anticipated DRC Meeting Date Hearing Planned Aug 8 2011 TBD • PA11-0238 De Portola Medical Offices TPM APN # 959050011 STUART FISK A Tentative Parcel Map to subdivide a 2.76 acre parcel into three parcels for future medical office buildings, located at the southwest comer of De Portola and Margarita Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Sep 1 2011 9/29/2011 TBD • PA11-0270 Fishmonger Minor CUP 3 of 5 APN # 961410029 ERIC JONES Planning Agenda Report 10/1/2011 through 10/31/2011 A Minor Conditional Use Permit to allow a new restaurant to obtain a Type 47 ABC license located at 31045 Temecula Parkway Suite 104 (APN: 961-410-029). Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 24 2011 TBD • PA11-0271 Mama Stephs Childcare APN # 955473007 STUART FISK A CUP to expand a small licensed family childcare to a large family childcare to operate between the hours of 5 a.m. and 5:30 p.m. located at 32742 Campo Drive. (APN: 955473-007) Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 26 2011 TBD • PA11-0274 PDS Campanula Apartments DP APN # 959390005 CHERYL KITZEROW A Multi -family residential Development Plan to construct the Campanula Way Apartments within Planning Area 6B of the Paloma del Sol Specific Plan. Project includes 288 apartment units (1 bedroom/2 bedroom flats/2 bedroom townhomes/3 bedroom townhomes) ranging in size from 595 sf to 1,471 sf. Also proposed is a clubhouse with pool, tot lot, dog park and other amenities for future residents. Project is located at the northwest corner of Campanula Way and Meadows Parkway. (PR11-0016) Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 27 2011 12/1/2011 TBD • PA11-0275 Bella Linda DP APN # 961450012 ERIC JONES A Development Plan Application for a two phase residential project. Phase 1 will consist of 325 multi -family apartment units. Phase 2 will consist of 49 single family cluster units (senior units). The project totals 25.56 acres and is located on the northeast corner of Pechanga Parkway and Loma Linda Road (APNs: 961450-012, 013, 003) (Related Applications: PA11-0276, 0277). Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 27 2011 TBD • PA11-0276 Bella GPA, ZoneChange, PDO APN # 961450012 ERIC JONES A General Plan Amendment, Zone Change, and Planned Development Overlay (PDO) Application for a two phased residential project. Both the General Plan and Zoning designations are currently Professional Office (PO). The application proposes to create a Medium Density Residential section (Courtyard Housing) and a High Density Residential Section (Apartments). The PDO will provide architectural and landscape design guidelines. The project is located on the northeast corner of Pechanga Parkway and Loma Linda Road and totals 25.56 acres (APNs: 961- 450-012, 013, 003) (Related Applications: PA11-0275 and PA11-0277) Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 27 2011 TBD • PA11-0277 Bela Linda TTM APN it 961450012 ERIC JONES A Tentative Tract Map Application to create 54 separate residential lots from 3 existing lots. Four additional lots will also be created: Lots A - C will contain the public right-of-way through the center lines of Pechanga Parkway and Loma Linda Road, and Lot D will consist of a private road. The project totals 25.56 acres and is located on the northeast corner of Pechanga Parkway and Loma Linda Road (APNs: 961450-012, 013, 003) (Related Applications: PA11-0276 & PA11-0275) 4 of 5 Planning Agenda Report 10/1/2011 through 10/31/2011 Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 27 2011 TBD • PA11-0279 CHS Christmas Tree Lot APN # 920090005 STUART FISK A Major TUP for Chaparral High School Christmas Tree Lot to operate from December 1st through December 20th at 27215 Nicolas Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 31 2011 TBD • PA11.0280 Pat and Oscars CUP 944330013 ERIC JONES A Minor Conditional Use Permit to allow an existing Restaurant, located at 29375 Rancho California Road, to obtain an ABC Type 47 alcohol license. Submitted Date Anticipated DRC Meeting Date Hearing Planned Nov 2 2011 TBD • PA11-0281 APN # 909120058 ERIC JONES Submitted Date Anticipated DRC Meeting Date Hearing Planned Nov 3 2011 TBD 5 of 5 „i„,„„.51M111.411Wil VIVITam: •aulliA !Iso 1 iWitA11- i. � II►grrt144.mss 7filloming , ova itaceivi ►,. , /= _ems gm linirua_sstai 4or 1. Recently Approved 2. Scheduled for Hearing 3. New Submittals Pending DRC Meeting Item No. 24 Approvals City Attorney Director of Finance City Manager ffiief-- OcL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn D. Nelson, City Manager DATE: November 22, 2011 SUBJECT: City Council Travel/Conference Report - October 2011 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file On October 5, 2011 Mayor Ron Roberts traveled to Los Angeles, California to attend the Southern California Association of Governments Regional Council, Executive/Administration Committee, Transportation Committee, and Joint Meeting of the Regional Council, Community, Economic & Human Development, Energy & Environment and Transportation Policy Committees. On October 16, 2011 Mayor Ron Roberts traveled to Washington, D.C. to attend the Rail -Volution Conference in association with his duties as a Riverside County Transportation Commission Member. His expenses will be reimbursed by RCTC. Attachment: Meeting Agendas SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017 3435 t (213)236,38(0 ((213)236.1825 WWW. ray.ra.yov Officers ('resident Pant O'Connor. Sutra tt4onira First Vial President Glen Dec:erra, Simi Valley Second Vice President Greg Pettis, Cathedral City Immediate Past Pu silent Larry McCallon, Highland Executive/Administration Committee Chair Pain O'Connor. Santa Monk Policy Committee Chairs Community. Economic and 1 luman Development Dill Jahn, Rig (feat Lake Energy & Lnvironment Margaret Clark. Rosemead Transpot ration Paul Glaab, Laguna Niguel MEETING OF THE PLEASE NOTE TIME Thursday, October 6, 2011 9:00 a.m. - 9:30 a.m. SCAG Main Office 8181. 7th Street, 12th Floor Board Room Los Angeles, CA 90017 (213) 236-1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Deby Salcido at (213) 236-1993 or via email salcido@scact.ca.gov Agendas & Minutes for the Executive/Administration Committee are also available at: www.scaq.ca.gov/committees/eac.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1928 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1928. 1 he Regional Council Is comprised 01 84 elected officials representing 191 cities. six counties, six County Transportation Commissions and a Tribal Government representative within Southern California. EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA OCTOBER 6, 2011 The Executive/Administration Committee may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Pant O'Connor, Chair) PUBLIC COMMENT PERIOD — Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Committee, must fill out and present a Public Comment Card to the Assistant prior to speaking. Comments will be limited to three (3) minutes per speaker provided that the Chair has the discretion to reduce this time limit based upon the number of speakers. The Chair may limit the total time for all public comments to twenty (20) minutes. REVIEW AND PRIORITIZE AGENDA ITEMS EXECUTIVE DIRECTOR'S REPORT (Hasan .Ikhrata, Executive Director) 1. Report on South Korea Meetings 2. Update on Compass Blueprint Program CONSENT CALENDAR Page No. Approval Items 3. Minutes of the September 1, 2011 Meeting 4. Minutes of the September 7, 2011 Special Meeting 5. SCAG Sponsorship of Annual Events and Memberships: 1) 2011-2012 USC School of Policy Planning and Development Executive Education Program ($10,000); 2) California Association of Councils of Governments (CALCOG) Annual Membership Dues ($23,866); and 3) San Fernando Valley Mobility Summit ($2,000) 6. Amendment 2 of the Fiscal Year (FY) 2011-12 Overall Work Program (OWP) SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS Attachment 1 Attachment 7 Attachment 9 Attachment 11 EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA OCTOBER 6, 2011 CONSENT CALENDAR — continued Page No. Approval Items 7. Southern California Association of Governments (SCAG)/ Metropolitan Attachment 16 Transportation Authority of Korea (Korea MTA) Memorandum of Cooperation (MOC) 8. Contracts $200,000 or Greater: Compass Blueprint Demonstration Attachment 20 Project for the City of Long Beach 9. Contracts $200,000 or Greater: Microsoft Enterprise Software License Attachment 23 Agreement 10. Contract Amendments Greater than $75,000: Contract 09-0102-C1- Attachment 26 Managed Information Technology (IT) Services 11. Contracts/Purchase Orders and/or Amendments Between $5,000 - $200,000 Attachment 29 12. FY 2012-2013 Comprehensive Budget Development Schedule Attachment 61 CFO MONTHLY FINANCIAL REPORT Attachment 63 (Wayne Moore, Chief Financial Officer) FUTURE AGENDA ITEMS Any Committee member or staff desiring to place items on a future agenda may make such a request. ANNOUNCEMENTS ADJOURNMENT A Joint Regional Council and Policy Committees Special Meeting will be held on Thursday, October 20, 2011 from 12:00 p.m. to 2:00 p.m. at the SLAG Los Angeles Office. The next regular meeting of the Executive/Administration Committee will be held on Thursday, November 3, 2011 at the SCAG Los Angeles Office. SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS 11 SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 t(213) 236.1800 f(213)236.1825 www.scag.ca gov Officers President Pam O'Connor, Soma Monica First Vice President Glen Becerra, Slinl Valley Second Vice President Grey Pettis, Cathedral City Immediate Past Piesident Larry MrCallon, Highland Executive/Administration Committee Chair Pam O'Connor, Santa Monica Policy Committee Chairs Community, Economic and Human Development Bit Jahn, Big Bear Lake Energy & Environment Margaret Clark, Rosemead Transportation Paul Goal), Laguna Niguel No. 532 MEETING OF THE PLEASE NOTE TIME Thursday, October 6, 2011 9:30 a.m. - 10:00 a.m. SCAG Main Office 818 W. 7th Street, 12th Floor Board Room Los Angeles, CA 90017 (213) 236-1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Deby Salcido at (213) 236-1993 or via email at salcido@scag.ca.gov. In addition, regular meetings of the Regional Council may be viewed live or on -demand at www.scao.ca.00v/scagtv Agendas & Minutes for the Regional Council are also available at: www.scao.ca.00v/committees/rc.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1928 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1928. The Regional Council is comprised of 84 elected officials representing 191 cities, six counties, six County Transportation Commissions and a Tribal Government representative within Southern California. REGIONAL COUNCIL AGENDA OCTOBER 6, 2011 The Regional Council may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Pam O'Connor, President) PUBLIC COMMENT PERIOD — Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Council, must fill out and present a Public Comment Card to the Assistant prior to speaking. Comments will be limited to three (3) minutes per speaker provided that the Chair has the discretion to reduce this time limit based upon the number of speakers. The Chair may limit the total time for all public comments to twenty (20) minutes. REVIEW AND PRIORITIZE AGENDA ITEMS PRESIDENT'S REPORT 1. New Committee Appointments EXECUTIVE DIRECTOR'S REPORT (Hasan .lkltrata, Executive Director) 2. Report on South Korea meetings 3. Update on Compass Blueprint Program COMMITTEE REPORTS/ACTION ITEMS Executive/Administration Committee (EAC) Report (Hon. Pain O'Connor, Chair) Community, Economic and Human Development Committee (CEHD) Report (Hon. Bill Jahn, Chair) Regional Housing Needs Assessment (RHNA) Subcommittee Report (Hon. Bill Jahn, Chair) Energy and Environment Committee (EEC) Report (Hon. Margaret Clark, Chair) Transportation Committee (TC) Report (Hon. Paul Glad), Chair) Legislative/Communications and Membership Committee (LCMC) Report (Hon. Judy Mitchell, Chair) SOUTHERN CALIFORNIA ASSOCIATION OfGOVCRNMCNTS t REGIONAL COUNCIL AGENDA OCTOBER 6, 2011 CONSENT CALENDAR Approval Items 4. Minutes of the September 1, 2011 Meeting 5. Veto of AB 1220 (Alejo) — Extension of Causes of Action Time Limitations 6. SCAG Sponsorship of Annual Events and Memberships: 1) 2011-2012 USC School of Policy Planning and Development Executive Education Program ($10,000); 2) California Association of Councils of Governments (CALCOG) Annual Membership Dues ($23,866); and 3) San Fernando Valley Mobility Summit ($2,000) 7. FY 2012/13 Comprehensive Budget Development Schedule 8. Amendment 2 of the Fiscal Year (FY) 2011/12 Overall Work Program (OWP) 9. Proposed 2013 Federal Transportation Improvement Program (FT1P1 Guidelines 10. Southern California Association of Governments (SCAG)/ Metropolitan Transportation Authority of Korea (Korea MTA) Memorandum of Cooperation (MOC) 11. Contracts $200,000 or Greater: Compass Blueprint Demonstration Project for the City of Long Beach 12. Contracts $200,00() or Greater: Microsoft Enterprise Software License Agreement 13. Contract Amendments Greater than $75,000: Contract 09 -102 -C1 - Managed Information Technology (IT) Services Receive & File 14. Time Limit for Public Comments at Regional Council Meetings 15. Contracts/Purchase Orders and/or Amendments Between $5,000 - $200,000 16. October 2011 State and Federal Legislative Update INFORMATION ITEM 17. CFO Monthly Report FUTURE AGENDA ITEM(S) Page No. Attachment 1 Attachment 10 Attachment 20 Attachment 22 Attachment 24 Attachment 29 Attachment 34 Attachment 38 Attachment 41 Attachment 44 Attachment Attachment Attachment 47 49 81 Attachment 108 ADJOURNMENT The Regional Council will ac(journ to the Joint Regional Council and Policy Committees Meeting at. 10:00 a.m. in the SLAG Board Room. A Joint Regional Council and Policy Committees Special Meeting will be held on Thursday, October 20, 2011 from 12:00 p.m. - 2:00 p.m. at the SCAG Los Angeles Office. The next regular meeting of the Regional Council will be held on Thursday, November. 3, 2011 at the SLAG Los Angeles Office. SOUTHERN CALIFORNIA ' ASSOCIATION Of GOVERNMENTS SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 1 (213) 236.1800 f (213) 236-1825 www.scag.ca.gov Officers President Pam O'Connor, Santa Monica First Vice President Glen Becerra, Si ml Valley Second Vice President Greg Pettis, Cathedral City Immediate Past President Larry McCallon, Highland Executive/Administration Committee Chair Pam O'Connor, Santa Monica Policy Committee Chairs Community, Economic and Human Development Rill Jahn, Big Bear Lake Energy & Environment Margaret Clark, Rosemead Transportation Paul Glanb, Laguna Niguel JOINT MEETING OF THE REGIONAL COUNCIL. COMMUNITY, ECONOMIC & HUMAN DEVELOPMENT ENERGY & ENVIRONMENT AND TRANSPORTATION COMMITTEES PLEASE NOTE TIME Thursday, October 6, 2011 10:00 a.m. — 1:30 p.m. SCAG Main Office 818 W. 7th Street, 12th Floor Board Room Los Angeles, CA 90017 (213) 236-1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Deby Salcido at (213) 236-1993 or via email at salcido@scaq.ca.gov SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1928 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1928. The Regional Council is comprised of 8,1 elected officials representing 191 cities, six counties, six County Transportation Commissions and a Tribal Government representative within Southern California. 7.1.11 JOINT MEETING OF THE REGIONAL COUNCIL, COMMUNITY, ECONOMIC & HUMAN DEVELOPMENT ENERGY & ENVIRONMENT AND TRANSPORTATION COMMITTEES AGENDA OCTOBER 6, 2011 10:00 a.m. — 1:30 p.m. -ssssasassssserssasss CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Pant O'Connor, Chair) PUBLIC COMMENT PERIOI) — Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Council, must fill out and present a Public Comment Card to the Assistant prior to speaking. Comments will be limited to three (3) minutes per speaker provided that the Chair has the discretion to reduce this time limit based upon the number of speakers. The Chair may limit the total time for all public comments to twenty (20) minutes. CONSENT CALENDAR Approval Item 1. Minutes of the April 7, 2011 Joint Policy Committee Meeting INFORMATION ITEM 2. Major Components of the Proposed Draft 2012 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) ADJOURNMENT Attachment Attachment will be provided under separate cover A Joint Regional Council and Policy Committees Special Meeting will be held on Thursday, October 20, 2011, from 12:00 p.m. - 2:00 p.m. at the SLAG Los Angeles Office. SOUTI•IERN CALIFORNIA ASSOCIATION of GOVERNMENTS Learn from the past. Dream of the future. Make a difference Now, flai [Uo1ution Table of Contents Welcome to Washington, DC 1 About the Conference 2 The Marriott Wardman Park Hotel 4 Workshop Themes 5 Conference Event Chart 6 Conference at a Glance 8 Schedule of Events Saturday, October 15 12 Sunday, October 16 13 Monday, October 17 15 Tuesday, October 18 26 Wednesday, October 19 38 Mobile Workshops 45 Rail—Volution Acknowledgements 49 Conference Exhibitors 51 Notes 52 Getting Around in DC 53 Rail—Volution Sponsors 54 Rail—Volution 2012 in Los Angeles 55 Advertisements 56 Conference at a Glance See Schedule of Events on pages 12-44 for location details. Saturday, October 15 3:00 pm -6:00 pm Registration Open 7:00 pm -10:00 pm Nlonurnci is by Moonlight Sunday, October 16 7:00 am -6:00 pm Registration Open 8:00 am -4:30 pm 8:30 am -12:30 pm Char rettes • North Woodbridge, Prince William County, VA • Suitland Mixed -Use Town Center, Prince George's County, MD Mobile 1l'orkshops #1 Discover the Rosslyn-Ballston Corridor #2 DC by Bike #3 Green Line Growth and TOD Success #4 DO Go Back to Rockville 8:30 am -1:30 pm #5 Waterfront Revitalization and Commuter Ferries 12:00 pm -3:00 pm New Starts Symposium 1:00 pm -5:00 pm 8 Mobile Workshops #6 Union Station: Connecting People and Places #7 Northern Virginia Streetcars: Columbia Pike and Rt. 1 #8 Arlington by Bike #9 TOD That's Affordable #10 King Street/Old Town: Our Past and Our Future Sunday Mobile Workshops continued: 1:00 pm -5:00 pm 1:00 pm -5:30 pm 6:00 pm -8:00 pm #11 H St. NE Corridor: Reinvestment via Premium Transit #12 How Streetcars Created the City Welcome Reception Monday, October 17 7:00 am -6:00 pm Registration Open 7:00 am -8:00 am Continental Breakfast Trade Show Area 8:00 am -9:30 am Opening Plenary Session 9:30 am -10:00 am Refreshment Break Trade Show Area 10:00 am -11:30 am Workshops • Playing the Game to Engage Communities in Transit Planning • Innovative Public Sector Approaches to Regional Planning: How to Bridge Divides and Meaningfully Engage Community Stakeholders • Advancing Complete Streets: New Tools and Guides for Implementation • The Fast Train to Revitalized Downtowns • Last Mile: Critical Bike -Walk Connections to Transit • Linear Thinking as Creative Thinking: Planning at the Corridor Scale • Value Capture: An Overview • Making the Case: Benefits of Smart Growth, TOD and Walkable Communities • Planning Beyond the Station Box 10:00 am -12:00 pm 11:30 am -12:30 pm 12:00 pm -1:30 pm 1:00 pm -5:00 pm 2:00 pm -3:30 pm Rail Volution 101: An Introduction to Building Livable Communities with Transit Box Lunch Pickup Trade Show Area Lunchtime Networking Events • NAPTA Meeting • Words Matter: Message Training for Livable Communities • Planning Policy Goals: Aligning Transit Investments and TOD Strategies • Lessons from Europe: Linking Transit with Walking and Biking • TOD and FTA Managers Forum • Streetcar Ridership and Livability: Is There a Connection? Mobile Workshops #13 Comprehensive Revitalization: The Anacostia Historic District Workshops • The Gravitational Pull of the Transit Corridor • From Car Cities to Transit Cities: Impossible? • Empowering Practitioners: Recent Analysis and Research Findings in TOD • Building Grass Roots Advocacy: Stories From the Front Lines • Cars Need a Home, Too: Principles of Parking in the Livability Community • Equitable Sustainable Community Development: Lessons Learned From Around the US • TDM: Smart Choices to Promote the Trip Not Taken • Value Capture: Legal Tools and Challenges • New Models for Transit: Streetcar and LRT Interoperability 3:30 pm -4:00 pm 4:00 pm -5:30 pm Conference at a Glance Refreshment Break Trade Show Area Workshops • Greening Up the Neighborhood • The Politics of Community Change: Race, Class and Displacement in America • Today's Market: A Realistic Picture • Livable Communities + Commuter Rail: Can We Have Both? • Introduction to Design Guidelines for Livable Communities • Affordable Housing Basics • Shifting City Structures: The Suburbs Grow Up • Finance: An Overview 6:00 pm -8:00 pm APA Transportation Division - Business Meeting and joint Reception with National Capital Area and Virginia APA Chapters 6:30 pm -9:00 pm Rail Volution Filmiest 2011 9 Tuesday, 7:00 am -6:00 pm 7:00 am -8:00 am 7:00 am -8:00 am 8:00 am -9:30 am 9:30 am -10:00 am 10:00 am -11:30 am 10:00 am -3:00 pm 10:00 am -5:00 pm 11:30 am -12:30 pm 12:00 pm -1:30 pm 10 October 18 Registration Open Continental Breakfast Trade Show Area Community Streetcar Coalition Meeting Plenary Session Refreshment Break Trade Show Area Workshops • Other Voices at the Table • ETOD: Focusing Employment Near Transit • Aligning Transportation, Land Use and Housing Planning • Station Area Planning to Accommodate Different Rail Characteristics • The Fundamentals of Greatness: TOD + Transit • Finance: Practical Applications • The Shifting Paradigm of the City • Parking Innovations for Thriving Communities • Implementing Streetcar Projects • Visual Tools Show Livability Mobile Workshops #14 Transforming Tysons #15 DC by Bike (encore) #16 Arlington by Bike (encore) #17 Baltimore: Commuter Rail and the Creative Class Box Lunch Pickup Trade Show Area Lunchtime Networking Events • New Starts Working Group • Action! Making Your Own Street Films • GreenTRIP: Reducing Driving and Vehicle Ownership in New Developments • Advancing Equitable TOD in Your Region • Design — A Matter of Perspective: AIA, ASLA, APA 1:00 pm -5:00 pm 2:00 pm -3:30 pm 2:00 pm -5:00 pm 3:30 pm -4:00 pm Conference at a Glance • New Rail—Volutionaries: Advancing the Movement — Together • Repairing Sprawl, Greening Infrastructure and Civilizing Transit Mobile Workshop #21 Discover the Rosslyn-Ballston Corridor (encore) Workshops • The Power of Partnerships: Leveraging Local Collaboration to Win Partnership for Sustainable Communities Grants • Changing the Conversation: Using Blogs to Influence Policy and Start Urbanist and Transit Movements • New Markets and Demographics • California High -Speed: Next Steps • Partnerships: Working Together for TOD Success • Bikesharing: Shifting into High Gear • Multimodal Hubs: Realizing Placemaking Potential to Entice Economic Development • Reauthorization for the Future: SAFETEA-LU and the Gasoline Tax TOD Marketplace Refreshment Break Trade Show Area 4:00 pm -5:30 pm Workshops • Diverse Planning Partnerships: Controlling the Outcome(s) • Climate Change and Sustainability: Measured, Adopted, Applied • Social Media in the Public Sector • Linking People to Opportunity in Small Towns and Rural Regions • Getting to YIMBY: Building Community Support for Livable Communities • Making the Connection: Cities + Transit Agencies in New Starts Land Use • Bikes and Peds: Basics of Encouraging, Designing and Advocating for Healthy Cities • Our Health and Our Physical Environment: The Latest Examples from CDC Grantees • Community Transition: What is the Role of Rail? 5:30 pm -7:00 pm Trade Show Reception Wednesday, October 19 7:00 am -10:00 am Registration Open 7:00 am -8:00 am Continental Breakfast Registration Desk Area Mobile Workshops 8:00 am -12:00 pm #18 Urban Transformation with Rail 8:00 am -12:00 pm #19 From Streetcar to Automobile Row 8:00 am -12:00 pm #20 Transformation at White Flint 8:00 am -9:30 am Workshops • Bending the Market: Joint Development as a Catalyst • After the Station Area Plan • Principles of Financing Livable Communities • The Process of TOD Planning and Development • Tackling Equity with a Transit Line: Three Examples 9:30 am -10:00 am 10:00 am -11:30 am 11:30 am -12:30 pm 12:00 pm -1:30 pm 2:00 pm -3:30 pm 2:00 pm -5:00 pm 2:00 pm -5:00 pm 3:30 pm -4:00 pm Conference at a Glance • Let the Corridor Define the Mode: The Real Life of Implementation • High-Touch/High Tech Charrettes: How Social Media and Web -Based Tools are Increasing the Capacity for Involvement Refreshment Break Registration Desk Area Workshops • Public -Private Partnerships: Creating New Transit -Supportive Development • Retrofitting Suburban DC: The State of the Art • Getting Brokers and Lenders to Accept TOD Performance • Scaling Up: Building Livability at the Regional Level • Community Outreach Strategies for Engaging Diverse Stakeholders • Regionalism: Case Studies of Planning and Practice • Railway Trails and Transit Greenways • Successful TOD: Recent Experiences and Research Results • Creating a Sustainable Future: Three Critical Approaches Box Lunch Pickup Outside of the Plenary Session in Salon 2, 3 Plenary Session Raise the Bar, Raise the Roof Creating Solutions Through Effective Partnership: A Forum with Federal Grantees Washington, DC: Ideas to Action: Use Your Knowledge Now • Managing Change for BRAC and Federal Properties • Complete Communities • The Jobs -Housing Balance in Metro DC: A Region Undivided Refreshment Break Registration Desk Area 11 Item No. 25 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: November 22, 2011 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of October 2011. MEMORANDUM TO: Greg Butler, Director of Public Works FROM: Rodney Tidwell, Maintenance Superviso DATE: November 7, 2011 SUBJECT: Monthly Activity Report - October, 2011 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of October, 2011: SIGNS A. Total signs replaced 81 B. Total signs installed 36 C. Total signs repaired 56 D. Banners Replaced 138 II. TREES A. Total trees trinuned for sight distance and street sweeping concerns III. ASPHALT REPAIRS A. Total square feet of A. C. repairs 19 3,915 B. Total Tons 65 IV. CATCH BASINS A. Total catch basins cleaned 188 B. Down Spouts 66 C. Under sidewalks 100 D. Bowls 2 V. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement VI. GRAFFITI REMOVAL 44.630 A. Total locations 82 B. Total S.F. 3,763 VII. STENCILING A. 303 New and repainted legends B. 30 L.F. of new and repainted red curb and striping C. 0 Bull Nose D. 11 Thermal Plastic E. 0 RPMs Installed R:IMAINTAIN\MOACTRPT Also, City Maintenance staff responded to 82 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 59 service order requests for the month of September, 2011. The Maintenance Crew has also put in 157 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 October 2011 was $276,453.39 compared to $4,933.00 for the month of September, 2011. Account No. 5402 $ 60,249.00 Account No. 5401 $ 65,159.00 Account No. 999-5402 $ - 0 - Account No. 5410 $ 151,054.39 Electronic Copies: Amer Attar, Principal Engineer Mayra De La Torre, Senior Engineer Jerry Gonzalez, Associate Engineer Capital Improvements - Land Development - Traffic Division R\MAINtAIMMOACTRPT 2nd QUARTER TOTAL COST FOR LAST FISCAL YEAR 28 k 00 a k to $27.488.00 aCO §k kk $5,100.00 $2,691.78 8G co & k $69,854.33 $177,505.50 $26.812.24 $48.200.99 a § 2k §§k kk - WORK WORK WORK COMPLETED COST FOR OCT. COMPLETED COST FOR NOV. COMPLETED COST FOR DEC. TOTAL COST FOR SCOPE OF WORK OCT. 11 11 NOV. '11 11 DEC. '11 11 THIS FISCAL YEAR ASPHALT AC Square Footage: 3,915 $11,627.55 $31,755.24 Tons: 65 $0.00 SIDEWALK CURB & GUTTER REPAIR Square Footage: 0 $0.00 $0.00 PCC Yards: 0 $0.00 $0.00 STRIPING LINEAR FEET: 30 $2.10 $470.681 IN-HOUSE PAINTING LEGENDS: 303 $2,424.00 $13,456.00 SIGNS REPLACED Material: 81 $4,050.00 $13,200.00 Labor: $2,137.59 $6,966.96 SIGNS INSTALLED Material: 36 $1,800.00 $7,350.00 Labor: $950.04 $3,879.33 SIGNS INSTALLED Material: 56 $2,800.00 $12,800.00 Labor: $1,477.84 $6,755.84 GRAFFITI Square Footage: 3,763 DRAINAGE CHANNELS CLEANED Basins: 188 $4,961.34 $23,196.81 Channels: 2 $65,150.00 $65,150.00 IN-HOUSE TREES TRIMMED: 19 $501.41 $8,629.53 SERVICE ORDER REQUESTS: 82 AFTER HOURS CALL OUTS: 157 $6,215.63 $20,834.24 R.O.W. WEED ABATEMENT: 44,630 $1,517.42 $1,579.44 TOTALS $105,614.92 $216,024.07 RIMA I N TA I N lM OAC TR PT w i2 \ Z§k o0 Et YEAR-TO-DATE 0 o 0 $104,946.00 0 0 0 fa 0k 0 0 0 � o $12,983.00 « CO 266 N- 4 m% a R 45.660 k N. R§ 14,124 $382,635.56 $382,635.56 1ST HALF TOTALS 0 0 0= o \ o - o 0= o k 0 0 0 o k 0 e o $ / Q - $ . 2� N,- 2561 327 45,6601 & r ,_ 5271 •:1' CV 14,124( CONTRACTORS JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER Asphalt Square Feet 0 0 0 0 Concrete Square Feet 0 0 0 0 Drainage Channels 0 0 0 0 TOTAL COSTS $0.00 $0.00 $0.00 $104,946.00 Sandblasting Linear Feet 0 0 0 0 TOTAL COSTS $0.00 $0.00 $0.00 $151,054.39 Trees Removed 0 0 0 1 TOTAL COSTS $0.00 $0.00 $0.00 $543.00 R.O.W. SPRAYING SQ. FT. 0 TOTAL COSTS $0.00 $8,050.00 $4,933.00 $2,700.00 Signs Replaced 42 109 34 81 Signs Installed 98 11 2 36 Catch Basins Cleaned 124 135 432 188 Trees Trimmed 92 173 43 19 R.O.W. Weed Abatement 0 100 930 44,630 1 New & Repainted Legends 184 703 401 303 After Hours Call Outs 154 114 102 157 Service Order Requests 36 67 59 82 Graffiti Removal - Sq Ft 1,865 5,422 3,074 3,763 TOTAL COSTS $29,034.56 $50,771.17 $43,586.44 $259,243.39 CITY MAINTENANCE CREW Banners 92 141 113 138 $,c 2 ID $ CC \ e CONTRACT STRIPING Striping Linear Feet 0 0 0 TREE CONTRACTORS Trees Trimmed 0 0 0 R:IMAINTAIMMOACRTPUULY THRU DEC STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of October, 2011 DATE STREET/CHANNEL/BRIDGE DESCRIPTION TOTAL COST ACCOUNT OF WORK SIZE CONTRACTOR: RYAN MONTELEONE EXCAVATION Date: 10/30/11 # 5401 LONG CANYON REMOVE SILT & DEBRIS; REPAIR DAMAGED SLOPES TOTAL COST $ 56,000.00 Date: 10/30/11 # 5401 LIEFER BRIDGE REPAIR DAMAGED CULVERT TOTAL COST $ 9,150.00 CONTRACTOR: RENE'S COMMERCIAL MANAGEMENT Date: 10/05/ 11 # 5402 CITYWIDE POST -EMERGENT SPRAYING ALONG CITY R.O.W. TOTAL COST $ 2,700.00 Date: 10/17/11 # 5402 CITYWIDE MISCELLANEOUS TRASH & DEBRIS PICKUP ALONG ALONG CITY R.O.W. TOTAL COST $ 7,095.00 CONTRACTOR: IMPERIAL PAVING COMPANY Date: 10/14/11 # 5402 AVENIDA SONOMA AT CORTE CARRIZO REMOVE & REPLACE DAMAGED ASPHALT TOTAL COST $ 39,796.00 CONTRACTOR: WEST COAST ARBORISTS, INC. Date: 10/01/11 I # 5402 CITYWIDE ANNUAL. TREE. TRIMMING TOTAL COSI' $ 543.00 CONTRACTOR: BECKER CONSTRUCTION Date: 10/20/11 # 5402 CITYWIDE GUARD RAIL REPAIRS TOTAL COST $ 10,1 1.5.00 CONTRACTOR: PACIFIC STRIPING Date: # 5410 CITYWIDE ANNUAL RE -STRIPING PROJECT TOTAL COST $151,054.39 TOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT #99-5402 TOTAL COST ACCOUNT #5410 $ 65,150.00 $ 60,249.00 $ - 0 - $151,054.39 R:'MAINTAIMMOACTRPT W prim E—+ Ea+ 4.4• w Ez4 g U � O OCT NOV DEC APRIL MAY JUNE JULY AUG SEP 00000 000 0000000 000 00 000 000 00 000 000 00000 00 000 00 000 000 00000000000000000000000000 0t LOCI U)C)r0)4 Det etf VMMMM MORN NNN H L a ti O 0 1.4 Cf 0 TOTAL CALLS M M - 00 O - r 0 b H O 1-C 10 N 7 1,C V) 114N ---I r•1 H CO I. 1. I. 0 ¢ ▪ O Ati w h� z w 00 r O\ N N N V) N 7 M U N N N OM. O VD 00 r4 O < l� 'O M In O. '6 r+ N M M H O O W 2. d L i, > a y rte. z 7 +' 8 ▪ y 8 .0 Z N H p Y. Yui •�4 >' OD a' �O > u ti w a ti ti< 00 0 Z A CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report October / November 2011 Prepared by: Amer Attar Submitted by: Greg Butler Date: 11/22/2011 PROJECTS UNDER CONSTRUCTION Roripaugh Ranch Fire Station The majority of work was completed by April of 2006. The remaining work will be completed when the mainline utilities are installed, which the City is undertaking - estimated start in December of 2011. A fire engine/truck venting system (requested/added on 2/06) will be installed when the Contractor re- mobilizes, this cost is also included in the approved change order total. Temporary power, initially established in 2003 by the developer, had to re-established in May of 2010. Old Town Infrastructure Project -Town Square and Mercedes & Main Street This project constructed the Town Square and street improvements on Mercedes & Main Streets. Final work items involve completion of the show power which is in design and set to be constructed in winter 2011/12. Old Town Civic Center This project constructed the Old Town Civic Center. Dedication ceremony was held on 12/9/10 and the City started operations from the new structure on 12/20/2010. Resolution of punchlist and added work items are ongoing. Temecula Community Center Expansion - Phase 2, Renovation of Historical Buildings Phase 2 of this project renovated the Escallier House and Barn. Contract is being closed out. The City Council accepted the project at 10-25-2011 City Council meeting and the Notice of Completion was filed. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approx. 150' long ped/bike bridge over Santa Gertrudis Creek near Chaparral H.S. Site construction began on 10/10/11, west side bridge abutment and retaining wall footing work is underway. Grading for pedestrian ramp is also in progress. Winchester Road / State Route 79 North - North Corridor Beautification This federally funded project designed and constructed landscaping and irrigation enhancements to the existing raised medians along Winchester Road between Ynez Road and the easterly City limits. The 90 - Day Maintenance Period started on 10-03-11. Roripaugh Ranch Street Improvements - Phase I 1 Phase I improvements involve wet and dry utilities, sidewalks, medians and new roadway section on Butterfield Stage Road (BSR) from Murrieta Hot Springs Road (MHSR) to CaIIe Chapos, a portion of MHSR, CaIIe Chapos, South Loop Road. The project will also complete utilities to the Fire Station and future amenities (e.g, traffic signals, park, ..etc.). Bids were opened on 09/20/11. The City Council awarded the contract to Hillcrest Contracting at the 10-11-11 meeting. Ronald Reagan Sports Park Desilting Basin Environmental Mitigation This project involves the installation of landscape and irrigation improvements on a .26 acre Habitat Creation Area and maintaining it for five (5) years in accordance with a Habitat Mitigation and Monitoring Program. The work was completed on 1/20/11. The project is now in the 5 -year maintenance/monitoring program. Conservation easement, required by the Department of Fish & Game permit, was accepted by City Council at the 9-27-11 meeting. Process of having easement recorded is being coordinated with RCA. Margarita Road Right -of -Way Enhancement This project will enhance the east side of Margarita Road parkway from Ramsey Court to Avenida Cima Del Sol. A contract was awarded to KASA Construction at the 07/26/11 City Council meeting. The Contractor is installing plants. Construction is scheduled for completion by the end of November 2011. Citywide Concrete Repairs - FY2010-11 This project is an annual maintenance project. The project involves removing and replacing various damaged concrete facilities throughout the city. The contractor has begun work and completion is anticipated by the end of November. Pavement Rehabilitation Program - Margarita Road Project 1 This project will rehabilitate Margarita Road between Rancho California Road and Avenida Barca. Roadway construction began the week of 9/26/11. Intersection work is nearly complete, Phase I work (closure of #2 lanes, northbound & southbound Margarita) began the week of 10/24/11. Lane closures in front of Margarita Middle School is to be effected the week of 10/31/11, approx. duration 2 weeks. Pavement Rehabilitation Program - Winchester Road This project will rehabilitate Winchester Road between Roripaugh Road and Nicolas Road. Roadway pulverizing began the week of 10/03/11. Roadwork, excavating and paving is being done at night. Base paving is complete. AC cap is scheduled for the 2nd week of November, night temperature permitting. Video Detection System at signalized intersections is installed and operational. 2 PROJECTS IN DESIGN Pechanga Parkway Storm Drain Improvements - Environmental Mitigation This project includes construction of new wetlands for the Wolf Valley Creek Channel Improvements - Stage I. Site visits for a new proposed location was conducted with the Department of Fish&Game (DFG) and Regional Water Board in May. City will contract with a consultant to map the new proposed area and obtain resource agencies approval. Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Road with a bridge over Murrieta Creek. Staff is preparing an RFP for completing the environmental report. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. All resource agency permits have been acquired. Riverside County Flood Control District encroachment permit application is currently being processed, and once this permit is issued, the Request for Authorization (RFA) to construct will be submitted to Caltrans. Western Bypass Bridge Over Murrieta Creek This project involves the design, environmental clearance, and construction of a new bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. The Mitigated Negative Declaration was adopted. Applications to the various environmental agencies have been submitted. Review of the 100% Plans and Specs is on-going. French Valley Parkway / Interstate 15 Over -Crossing and Interchange Improvements - Phase 1 (PS&E) A southbound off -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. Final PS&E is complete. Right of Way Certification is being prepared by City. Environmental Certification is complete. Utility relocations will began in October 2011. RFP172 for construction management services was advertised and closed October 19, 2011. Old Town Gymnasium This projects involves the design of the approximately 9,000 square foot gymnasium adjacent the Boys & Girls Club on Pujol Street. The City Council adopted the Mitigated Negative Declaration (MND) and authorized staff to solicit construction bids for Phase I at the 06/14/11 meeting. Consultant is finalizing the plans. Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi -Purpose Trail at Diaz Road. The alignment study has been completed. Extension of time for the Bicycle Transportation Account funds was approved on 05/01/09. The consultant is working on 90% plans, specifications and estimate. 3 1-15 / SR -79S Ultimate Interchange 95% PS&E (3rd Submittal) - Under Caltrans review. Pavement Rehabilitation Program These rehabilitation projects will rehabilitate portions of Winchester, Rancho California, Ynez, Margarita and Rancho Vista Roads. City is currently in plan check review with Caltrans to obtain an Encroachment Permit for Rancho California Road and Winchester Road. French Valley Parkway / Interstate -15 OverCrossing and Interchange Improvements - Phase II Notice To Proceed was issued on 10/12/2011. Project set up and kick off in November. Citywide Storm Drain Improvements - Calle Fiesta This project consists of extending an existing City -maintained storm drain line an additional 200 feet to eliminate slope erosion at the current storm drain discharge point. The City Council approved the necessary drainage easement for future City access and maintenance of the new pipe at the 09/27/11 meeting. Authorization to re -bid the project was received from the City Council the 10/25/11 meeting. The project will be advertised and construction will take place after the rainy season. Library Parking Expansion This project will add on -street parking adjacent to the Temecula Library and Fire Station #84 on Pauba Road. The City received the 100% plans and the WQMP. Specifications are being finalized to go out to bid. 4 Item No. 26 Approvals City Attorney Director of Finance City Manager OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Andre O'Harra, Chief of Police DATE: November 22, 2011 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the month of October 2011. PATROL SERVICES Overall calls for police service 2,667 "Priority One" calls for service 63 Average response time for "Priority One" calls 5.56 Minutes VOLUNTEERS Volunteer administration hours 131 Special Events hours 339 Community Action Patrol (CAP) hours 1,168 Reserve officer hours (patrol) 10 Training hours 47 Total Volunteer hours 1,462 CRIME PREVENTION Crime prevention workshops /Neighborhood watch meetings conducted 2/1 Residential/Business security surveys conducted 0/0 Businesses visited 4 Residences/Businesses visited for past crime follow-up 0/1 Station Tour 2 Planning Review Projects/Temp Outdoor Use Permits 0/7 OLD TOWN STOREFRONT Total customers served 188 Sets of fingerprints taken 74 Police reports filed 16 Citations signed off 30 Car Seat Inspections 0 Total receipts $3,359 SPECIAL ENFORCEMENT TEAM (SET TEAM) On sight felony arrests 9 On sight misdemeanor arrests 10 Felony arrest warrants served 0 Misdemeanor arrest warrants served 4 Follow-up investigations 0 Parole/Probation Searches 3/4 Pedestrian Checks 11 Traffic Stops/Vehicle Checks 13 Crime Free Housing Checks 16 TRAFFIC Citations issued for hazardous violations 945 Grant funded D.U.I. / Traffic safety checkpoints 0 Grant funded traffic click it or ticket 0 D.U.I. Arrests 36 Non -hazardous citations 334 Stop Light Abuse/Intersection Program (S.L.A.P.) citations 145 Neighborhood Enforcement Team (N.E.T.) citations 44 Parking citations 148 School Zone 167 Seatbelts 59 Cell Phone Cites 163 Injury collisions 26 INVESTIGATIONS Beginning Caseload 108 Total Cases Assigned 81 Total Cases Closed 66 Search Warrants Served 35 Arrest 8 PROMENADE MALL TEAM Calls for service 765 Felony arrest/filings 2 Misdemeanor arrest/filings 11 Traffic Citations 54 Fingerprints/Livescans 120 Total receipts $8,692 SCHOOL RESOURCE OFFICERS Felony arrests 1 Misdemeanor arrests 10 Reports 20 Youth counseled 203 Meetings 117