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102803 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to padicipate in this meeting, please contact the office of the City Clerk (909) 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 43200 BUSINESS PARK DRIVE OCTOBER 28, 2003 - 7:00 P.M. 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. 6:30 P.M. - Closed Session of the City Council/Redevelopment Agency pursuant to Government Code Sections: Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property interest located at Assessor's Parcel No. 92t-020-075, within the Rancho California Business Park Drive. Under negotiation are the price and terms of payment of real property interests proposed to be conveyed and/or acquired. Parties Negotiating with City are Rancho California Business Park Association. The City negotiators are Shawn Nelson, James O'Grady and Bill Hughes. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property interest located at APN 9'10-262-034, remainder of Parcel 5, 0.77 Acres on Tract Map 30289. Under negotiation are the price and terms of payment of real property interests proposed to be conveyed and/or acquired. The negotiating parties are Joseph C. Harold and Charles R. Hebard. City Negotiators are Shawn Nelson, James O'Grady and Bill Hughes. Public Information concerning existing litigation between the City and various parties may be acquired by rev ew ng the pub c documents held by the City Clerk. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: R:~Agenda\102803 Next in Order: Ordinance: No. 2003-12 Resolution: No. 2003-157 Mayor Jeff Stone Sheila Ryle Pastor Raisa Slagle of Harvester Church of Temecula Councilman Roberts Comerchero, Naggar, Pratt, Roberts, Stone PRESENTATIONS/PROCLAMATIONS Presentation to School Resource Officer Dave Bailey Certificate of Appreciation to Diane Robetcky Certificate of Appreciation to Scott Schaufele, Principal of Temecula Valley Hi.qh School Gift Givinq Week Proclamation - United Way and Community Health Charities Certificate of Achievement to Michelle Arellano, Director of the Boys and Girls Club PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICETOTHEPUBLIC 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. Standard Ordinance and Resolution Adoption Procedure REC©MMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution approving List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: R:~Agenda\102803 4 5 RESOLUTION NO. 03-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Sixth Amendment to Agreement for Law Enforcement Services RECOMMENDATION: 3.1 Approve the sixth amendment to the agreement for law enforcement services between the County of Riverside and the City of Temecula to include hiring two additional motorcycle officers; 3.2 Approve an additional appropriation of $165,000 from General Fund undesignated fund balance. First Amendment to Aqreement between City of Temecula and TremcoNVeatherproofin,q Technolo,qies, Inc. RECOMMENDATION: 4.1 Approve the First Amendment with TremcoNVeatherproofing Technologies, Inc. This amendment extends the term of the Agreement and revises the scope of work to include additional roof repairs and extra work services in the amount of $78,960. Parcel Map No. 31144 (located on the west side of Avenida De San Pasqual Cul-de-sac Terminus and north of Santiago Road) RECOMMENDATION: 5.1 Approve Parcel Map No. 31144 in conformance with the Conditions of Approval. Tract Map No. 25004 (located northerly of Nicolas Road and east of Seraphina Road) RECOMMENDATION 6.1 Approve Tract Map No. 25004 in conformance with the conditions of approval. Acceptance of Certain Public Streets into the City-Maintained Street System within various Tracts of the Chardonna¥ Hills Subdivision RECOMMENDATION: 7.1 Adopt a resolution entitled: R:~Agenda\102803 3 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN CHARDONNAY HILLS SUBDIVISION) Amendment No. 1 to Professional Services A,qreement - Rancho California Bridge Wideninq Over Murrieta Creek - Project No. PW99-18 RECOMMENDATION: 8.1 Approve Amendment No. 1 to the Agreement with Kleinfelder, Inc., for geotechnical and material testing and special inspection, in an amount not to exceed $34,845.00 for the Rancho California Bridge Widening over Murrieta Creek Project - Project No. PW99-18; 8.2 Authorize the Mayor to execute the amendment. 9 Request that Governor-Elect Schwarzeneq,qer create a position of "Advisor for Municipal Affairs" (At the request of Councilman Comerchero.) RECOMMENDATION: 9.1 Authorize the Mayor to sign a letter go Governor-Elect Schwarzenegger requesting that he establish the position of "Advisor for Municipal Affairs"; 9.2 Direct City Staff to request that the League of Cities endorse this request and urge other cities to make a similar request. RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, AND, TEMECULA PUBLIC FINANCING AUTHORITY R:~Agenda\102803 4 Next in Order: Ordinance: No. CSD 2003-01 Resolution: No. CSD 2003-20 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Naggar, Pratt, Roberts, Stone, Comerchero PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of October 22, 2003. DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES REPORT R:~Agenda\102803 5 GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, November 18, 2003, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\102803 6 CALL TO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: PUBLIC COMMENTS A total of 15 minutes [s provided so Next in Order: Ordinance: No. RDA 2003-01 Resolution: No. RDA 2003-17 Comerchero, Naggar, Pratt, Stone, Roberts members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item no~t on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR I Minutes RECOMMENDATION: 1.1 Approve the minutes of October 22, 2003. AGENCY BUSINESS DEPARTMENTAL REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, November 18, 2003, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\102803 7 Next in Order: Ordinance: No. TPFA 2003-02 Resolution: No. TPFA 2003-22 CALL TO ORDER: Chairperson Jeff Stone ROLLCALL AGENCY MEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Temecula Public Financing Authority on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item no._.jt on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. RECONVENE CITY COUNCIL MEETING AND COMMUNITY SERVICES DISTRICT MEETING JOINT CITY COUNCIL/TEMECULA PUBLIC FINANCING AUTHORITY PUBLIC HEARING Any person may submit written comments to the City Council/Temecula Public Financing Authority before a public hearing or may appear and may be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. Formation of Temecula Public Financinq Authority Community Facilities District NO. 03- 03 (VVolf Creek) RECOMMENDATION: 1.1 That the City Council hold a public hearing regarding the proposed bond financing by the Temecula Public Financing Authority Community Facilities District No. 03-03 (VVolf Creek) of various public improvements and adopt the resolutions entitled: R:~Agenda\102803 8 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING FINDINGS WITH RESPECT TO AND APPROVING THE ISSUANCE OF BONDS BY THE TEMECULA PUBLIC FINANCING AUTHORITY - WOLF CREEK 03-03 1.2 1.3 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING JOINT COMMUNITY FACILITIES AGREEMENTS RELATING TO THE FINANCING OF PUBLIC IMPROVEMENTS AND SERVICES AND IMPLEMENTATION OF ACQUISITION AGREEMENT- WOLF CREEK That the Temecula Community Services District adopt the resolution entitled: RESOLUTION NO. CSD 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT APPROVING JOINT COMMUNITY FACILITIES AGREEMENT RELATING TO THE FINANCING OF PUBLIC IMPROVEMENTS AND SERVICES - WOLF CREEK That the Public Financing Authority hold public hearings regarding the formation of the proposed Temecula Public Financing Authority Community Facilities District No. 03-03 0Nolf Creek) (the "CFD"), the levy of special taxes in the CFD, and the issuance of bonds by the Public Financing Authority for the CFD, and adopt the resolutions entitled: RESOLUTION NO TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF FORMATION OF TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT R:~Agenda\102803 9 1.4 1.5 RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) AND SUBMITTING PROPROSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY CALLING SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) That the Public Financing Authority hold an election regarding the CFD, and adopt a resolution entitled: RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING RESULTS OF THE SPECIAL ELECTION, AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN AND EXECUTION AND DELIVERY OF AN ACQUISITION AGREEMENT - WOLF CREEK 03-03 That the Public Financing Authority introduce and read by title only an ordinance entitled: ORDINANCE NO. TPFA 03- AN ORDINANCE OF THE TEMECULA PUBLIC FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) RECESS ClTYCOUNClL MEETING AND COMMUNITY SERVICES DISTRICT MEETING EXECUTIVE DIRECTOR'S REPORT BOARD MEMBERS'REPORTS ADJOURNMENT R:~Agenda\102803 10 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public Hearing or may appear and be heard in support of or in opposition to the Approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 10 Vacation of a Roadway Easement over Murrieta Creek and adjacent to Rancho California Road to the Riverside County Flood Control and Water Conservation District RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE VACATION OF A PORTION OF RANCHO CALIFORNIA ROAD, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THE ATTACHED EXHIBITS A AND B COUNCIL BUSINESS 11 Presentation on the progress of Butterfield Staqe Road Extension Beltway and the French Valley Parkway/I-15 Overcrossinq and Interchan,qe Prelects RECOMMENDATION: 11.1 Receive and file report. 12 13 Boys and Girls Club Ground Lease Agreement RECOMMENDATION: 12.1 Approve the Boys and Girls Club Ground Lease Agreement in its substantial form. Cable, Video and Telecommunications Ordinance RECOMMENDATION: 13.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF TEMECULA REGULATING CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICE PROVIDERS, AND AMENDING IN ITS ENTIRETY CHAPTER 5.12 OF TITLE 5 OF THE TEMECULA MUNICIPAL CODE R:~Agenda\102803 11 14 Appointment to Public/Traffic Safety Commission RECQMMENDATION: 14.1 Appoint one applicant to serve on the Public/Traffic Safety Commission for a full three-year term through October 10, 2006. 15 Appointment to Community Services Commission RECOMMENDATION: 15.1 Appoint two applicants to serve full three-year terms on the Community Services Commission through October 10, 2006. DEPARTMENTAL REPORTS CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular City Council meeting, Tuesday, November 18, 2003, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\102803 12 PROCLAMATIONS AND PRESENTATIONS o~ ITEM 1 ITEM 2 RESOLUTION NO. 03- 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 RESOLVE, DETERMINE AND ORDER 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, have been audited by the City Manager, and that the same are hereby allowed in the amount of $1,497,899.48. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 28th day of October, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:/Resos 2003/Resos 03- 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 03- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 28th day of October, 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNClLMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2003/Resos 03- 2 CITY OF TEMECULA LIST OF DEMANDS 10/16/03 TOTAL CH ECK RUN: TOTAL LIST OF DEMANDS FOR 10/28/03 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 120 165 190 192 193 210 261 280 300 320 340 GENERAL FUND DEVELOPMENT IMPACT FUND RDA-LOW/MOD INCOME HOUSING COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C CAPITAL IMPROVEMENT PROJ. FUND CFD 88-12 ADMIN EXPENSE FUND RDA-REDEVELOPMENT INSURANCE INFORMATION SYSTEMS FACILITIES TOTAL BY FUND: PREPARED BY RETA WESTON, ACCOUNTING SPECIALIST GE~IE~;;~Ti, D~TOR OF FINANCE SHAWN NELSON, CITY MANAGER $ 1,497,899.48 $ 1,497,899.48 1,001,119.35 6,390.06 12,241.46 70,510.65 25,577.55 21,098.37 322,563.29 47.80 18,057.01 3,275.72 5,883.96 11,134.26 $ 1,497,899.48 $ 1,497,899.48 HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. apChkLst Final Check List Page: 1 10/16/2003 10:18:09AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 87083 10/16/2003 001985 A E P(ASSOC OFENVIRO 87084 10/16/2003 004973 ABACHERLI, LINDI 87085 10/16/2003 006463 AMERICAN LANDSCAPE 87086 10/16/2003 000101 APPLE ONE, INC. 87087 10/16/2003 004778 BERRYMAN & HENIGAR INC 87088 10/16/2003 002829 BRIDGHAM, DENNIS 87089 10/16/2003 005889 BROWN, PASCALE 87090 10/16/2003 003138 CAL MAT 87091 10/16/2003 87092 10/16/2003 87093 10/16/2003 87094 10/16/2003 87095 10/16/2003 87096 10/16/2003 87097 10/16/2003 Description Membership 2004: D.Ubnoske Dec 80 TCSD instructor earnings Sept Ldascpe Mntc: Sports Park Sept Ldscape Mntc: North Slopes Sept Idscp impr: Sports Park Sept Idscp impr: R.C.Sprts Prk Sept Idscp impr: Paloma Del Sol Prk Sept Idscp impr:R.C. Spr~s Prk Credit: Performance Deficiencies Temp help PPE 9/27 Delarm Temp help PPE 9/27 Lee Temp help PPE 9/27 Wills Sept inspector svcs: Russell Reimb:Eden User Conf:10/5-6/03 Reimb:Eden User Conf:10/6-9/03 PW patch truck materials 002147 COMPLIMENTS COMPLAINTS & Entertainment: Race for the Cure 000442 COMPUTER ALERT SYSTEMS 000447 COMTRONIX OF HEMET 003511 DELL COMPUTER CORPORATI Repair wires to access cntd: City Hall Citywide Radio Maint & Repair EE computer pumhase prgm 006907 DONNA L REEVES AS TRUSTE Refund:Security Depst on Jefferson A 000395 ECONOMIC DEVELOPMENT CO Tri-TunnelExpMtg:10/23:JO&GW 003223 EDAW INC Biological svcs: Lg Cyn Basin Prjt Biological svcs: Pala Rd Bridge prjt Amount Paid 100.00 413.60 25,645.82 15,533.00 260.49 171.80 147.40 66.80 -2,440.00 624.00 617.50 572.00 11,624.28 240.81 636.55 1,475.13 125.00 65.00 16,965.90 1,649.00 15,000.00 50.00 1,037.50 401.20 Check Total 100.00 413.60 39,385.31 1,813.50 11,624.28 240.81 636.55 1,475.13 125.00 65.00 16,965.90 1,649.00 15,000.00 50.00 1,438.70 Paged apChkLst Final Check List Page: 2 16/16/2003 10:18:09AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 87098 10/16/2003 005052 EMCORSERVICE (Continued) Description Amount Paid H.V.A.C. repair @ CRC 130.00 Check Total 130.00 87099 10/16/2003 000164 ESGILCORPORATION 87100 10/16/2003 003053 FAGAN, MATrHEW Sept plan check svcs: B&S Entertainment: 9/11 event @ Duck 5,517.44 325.00 5,517.44 325.00 87101 10/16/2003 000165 FEDERAL EXPRESS INC Express mail services 247.29 247.29 87102 10/16/2003 002832 FENCE BUILDERS Res Imp Prgm: Brittingham, R & S 1,486.00 1,486.00 87103 10/16/2003 87104 10/16/2003 87105 10/16/2003 87106 10/16/2003 004239 FISHER MERRIMAN SEHGAL 004178 FREEDOM SIGNS ................. 000177 GLENNIES OFFICE PRODUCTS 005947 GOLDEN STATE OVERNIGHT Architectual design: Old Town Theater Fac Imp Prgm: The Victorian Rose Deduction: BCSE-404757 Office Supplies: Info Sys Office supplies: PW Office supplies: Eco Devel Office Supplies: Bldg & Safety Office Supplies: City Mgr Office Supplies: Human Resources Office Supplies: CRC Office Supplies: Econ Dev Office Supplies: City Clerk Office Supplies: Planning Office Supplies: Records Mgmt Office supplies: TCC Office Supplies: RDA & Low/Mod Express MaiJ Service: Fire 1,634.89 2,478.25 -25.00 752.32 577.53 275.15 256.91 198.34 155.14 118.31 47.92 45.78 31.00 24.81 12.07 8.61 25.54 1,634.89 2,453.25 2,503.89 25.54 87107 10/16/2003 87108 10/16/2003 87109 10/16/2003 004607 GRACE BUILDING 006916 GREYSTONE HOMES 006921 GREYSTONE HOMES Sept Custodial svcs for park restroom Refund:Permit fees:Chg sq ff on Iot82 Refund:Permit Fees/Chg Sq ft on lot Refund:Permit ovrpmt fees:Crowne H 4,120.00 4,439.43 4,282.41 10.00 4,120.00 8,721.84 10.00 87110 10/16/2003 002372 HARMON, JUDY TCSD instructor eamings 399.00 399.00 87111 10/16/2003 004188 HARRIS & ASSOCIATES GASB 34 Inventory & Valuation 2,499.00 2,499.00 Page2 apChkLst Final Check List Page: 3 16/16/2003 10:18:09AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 87112 10/16/2003 87113 10/16/2003 87114 10/16/2003 87115 10/16/2003 87116 10/16/2003 87117 10/16/2003 87118 10/16/2003 87119 10/1 6/2003 87120 10/16/2003 87121 10/16/2003 87122 10/16/2003 87123 10/16/2003 87124 10/16/2003 87125 10/16/2003 87126 10/16/2003 87127 10/16/2003 87128 10/16/2003 87129 10/16/2003 006913 HARRIS & COMPANY 006904 HICKMAN, DEBBIE 004755 HIGHER INTEGRITY PAINTING 006920 HUGHES, MATTHEW 003938 lAN DAVIDSON LANDSCAPE - I (Continued) Description Stormwater mitigation conf:l 1/5 Refund:Dance-Hawaiian Beg Keikis Res Imp Prgm: Medina, Juan &Ana Re[mb: CAD Zone:9/28-30/03 Printing svcs: Educational facility 004219 INDUSTRIAL DISTRIBUTION GR Misc. supplies for Public Works 001517 INTEGRATED INSIGHTS DBA: H EEassistanceprgm 001407 INTER VALLEY POOL SUPPLY I 000388 INTL CF BLDG OFFICIALS 006924 INTL MUNICIPAL SIGNAL 003266 IRON MOUNTAIN OFFSlTE 001186 IRWIN, JOHN Pool sanitizing chemicals Membership: Tony Elmo Public Safety Mbshp:J.Oldham 75535 Records mgmt microfilm storage unit TCSD instructor earnings 002140 JAGUAR COMPUTER SYSTEMS Windows remote back-up software 005065 K M E FIRE APPARATUS Decals for paramedic squad vehicle 003988 KEVIN COZAD & ASSOCIATES I Sept Consulting svcs:Pala Sound Wall 001091 KEYSER MARSTON ASSOCIAT Sept Consulting svcs: Affordable Sept consulting svcs: Education Facil Sept consulting svcs: Old Town Reh. 006906 KHAN, BELVA Refund: Sprts:BB Fundamentals 003631 KLEINFELDER INC Geotech svc: Rancho Calif Rd Bridge Amount Paid Check Total 150.00 150.00 8.75 8.75 2,400.00 2,400.00 154.02 154.02 430.28 430.28 179.89 179.89 670.32 670.32 158.93 158.93 25.00 25.00 50.00 50.00 380.25 380.25 76.00 76.00 1,387.82 1,387.82 257.97 257.97 1,280.00 1,280.00 3,450.00 2,410.65 195.00 6,055.65 30.00 30.00 25,682.78 25,682.78 Page3 apChkl..st Final Check List Page: 4 16/16/2003 10:18:09AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 87130 10/16/2003 87131 10/16/2003 87132 10/16/2003 87133 10/16/2003 87134 10/16/2003 001085 L N CURTIS & SONS 000945 L P S COMPUTER SERVICE 006912 LAKE ELSINORE, CITY OF 002863 LAWSON PRODUCTS INC 004412 LEANDER, KERRY D. 87135 10/16/2003 87136 10/16/2003 87137 10/16/2003 004141 MAINTEXINC 87138 10/16/2003 006301 MALTONCONSTRUCTION 87139 10/16/2003 87140 10/16/2003 87141 10/16/2003 87142 10/16/2003 87143 10/16/2003 87144 10/16/2003 (Continued) Description Amount Paid Check Total Fire Stn 84 - Electric Blower City Hall printer repair & mntc svcs State of the City Address:10/22 Misc. Supplies for Public Works TCSD instructor earnings TCSD instructor earnings TCSD instructor eamings TCSD instructor earnings 003286 LIBRARY SYSTEMS & SERVICE Sept svcs-library system agrmt Sept svcs-library system agrmt 003726 LIFEASSlSTINC Paramedic squad supplies: Fire Old Town Custodial Supplies CRC Custodial Supplies City Hall Custodial Supplies Citywide Concrete Repairs 001967 MANPOWER TEMPORARY SER temp help w/e 9/28 Dankworth 005806 MA'II'HEWS, CATHERINE J. Jul-Sept Street Addressing Svcs 004894 MICHAELBRANDMANASSOCIA Augprofsvcs:PechangaPkwy 001384 MINUTEMAN PRESS BusinessCards:W. Maxwell Business Cards:J. Polizzi/N. Miles Business Cards:P.DJE.R./Blank City Envelopes for PW Dept City Stationery for PW Dept Business Cards:M. De La Torre 005887 MOFFA'I-J' & NICHOL ENGINEER Jul Consulting Svcs:French Vly Pkwy Aug Consulting Svcs:French Vly Pkwy 000727 NATIONAL FIRE PROTECTION Nat'l Fire Codes Subscr. for Fire Prev. 1,505.70 1,505.70 352.65 352.65 40.00 40.00 333.52 333.52 216.00 194.00 180.00 168.00 758.00 7,465.60 1,302.04 8,767.64 385.36 385.36 350.55 254.90 203.35 808.80 20,756.00 20,756.00 594.00 594.00 421.50 421.50 3,024.50 3,024.50 391.40 214.15 200.52 200.09 119.18 42.83 1,168.17 45,176.41 30,055.77 75,232.18 672.42 672.42 Page~ apChkLst Final Check List Page: 5 10/16/2003 10:18:09AM Cl'l'~ OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 87145 10/16/2003 006919 NELSON, DAVID (Continued) Description Reimb:CAD Zone Training:9/28-30/03 87146 10/16/2003 002898 NIXON EGLI EQUIPMENT COMP Parts for PW Maint Patch Truck 87147 10/16/2003 002139 NORTH COUNTY TIMES- A'FI'N: Sept R~cruitment Ads for H.R. Dept 87148 10/16/2003 002105 OLD TOWN TIRE & SERVICE 87149 10/16/2003 002668 OMEGA LAKE SERVICES 87150 10/16/2003 003218 PELA 87151 10/16/2003 87152 10/16/2003 87153 10/16/2003 87154 10/16/2003 87155 10/16/2003 87156 10/16/2003 000249 P~ ~ ~ Y CASH 000253 POSTMASTER 006917 POWERS, SHEILA 006922 PRESCOTT, FELICIA 000254 PRESS ENTERPRISE COMPAN 005075 PRUDENTIAL OVERALL SUPPL Amount Paid 87157 10/16/2003 87158 10/16/2003 87159 10/16/2003 184.46 77.31 006903 PULIDO, RAQUEL 006905 QUINLAN, DORA 004318 R J BULLARD CONSTRUCTION Sept public ntcs:City Clerk Sept Commission Ads:City Clerk Sept 9/11 event ad:TCSD City vehicle maint/repair svcs City vehicle maintJrepair svcs City vehicle maint/repair svcs City vehicle maint/repair svcs City vehicle maint~repair svcs City vehicle maint/repair svcs Sept Duck Pond Water Maint. Svcs Sept Planning Plan Check Svcs Sept TCSD Plan Check Svcs Petty cash reimbursement Express mail & postal svcs Reimb:CCAPA Conf:9/28-30/03 Refund:Nakayama Sister City Sept Recruitment Ads for H.R. Dept Sept TCSD Un~form Rental Adjustment for 7/28/03 Svcs Credit:Billed Twice for Diaz Refund:Dance-Hawaiian Beg Keikis Refund:Cartooning with Bigfoot Prgs Prat:Pachanga Pkwy Soundwall 736.45 438.90 243.38 121.69 1,755.38 640.44 460.61 90.45 50.00 32.42 743.00 6,410.00 4,750.00 587.95 120.50 243.99 520.00 3,016.11 946.25 5.00 -260.00 8.75 30.00 181,955.70 Check Total 184.46 77.31 1,540.42 3,029.30 743.00 11,160.00 587.95 120.50 243.99 520.00 3,016.11 691.25 8.75 30.00 181,955.70 Page5 apChkLst Page: 6 10/16/2003 10:18:09AM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 87160 10/16/2003 000262 RANCHOCALIFWATERDIST 87161 10/16/2003 004584 REGENCY LIGHTING Final Check List CITY OF TEMECULA (Continued) Description Various water meters Sept 01-00-00120-2 Vail Ranch Pkwy CRC Electrical Supplies Old Town Electrical Supplies CRC Electrical Supplies Sr Ctr Electrical Supplies CRC Electrical Supplies 87162 10/16/2003 003591 RENESCOMMERCIAL MANAGE CitywideChannelClean-upSvcs 87163 10/16/2003 002110 RENTAL SERVICE CORPORATI Equipment rental for PW Maint. Equipment rental for PW Maint 87164 10/16/2003 002412 RICHARDS WATSON & Aug 2003 legal services 001592 RIVERSIDE CO INFO Sept lease emerg, radios:P.D. 000955 RIVERSIDE CO SHERIFF SW ST Concert on the Greens 9/21/03 004773 RIVERSIDE CO SHERIFFS Aug 2003 Booking Fees 000406 RIVERSIDE CO SHERIFFS DEP 8/21-9/17/03:1aw enforcement 001365 RIVERSIDE COUNTY OF 001309 RUSE, PHYLLIS 006555 S B C PACIFIC BELL 005227 SAN DIEGO COUNTY OF 000278 SAN DIEGO UNION TRIBUNE 000537 SO CALIF EDISON 87165 10/16/2003 87166 10/16/2003 87167 10/16/2003 87168 10/16/2003 87169 10/16/2003 87170 10/16/2003 87171 10/16/2003 87172 10/16/2003 87173 10/16/2003 87174 10/16/2003 Halloween/Harvest Carnival Permit:T Reimb:EE Computer Loan Prgm Support Svcs on I.S. equipment Support Prat:661183401610 Sept Recruitment Ads for H.R. Dept Oct 2-01-202-7330 Var. Street Lamps Oct 2-O1-202-7603 Var. Street Lamps Oct 2-02-351-5281 CRC Oct 2-06-105-0654 various mtrs Oct 2-10-331-1353 Fire Stn 84 Oct 2-23-548-1975 Various Mtrs Amount Paid 8,388.34 4,257.11 312.37 275.78 265.98 118.05 112.54 5,000.00 19.94 15.88 98,529.82 1,193.60 491.10 9,494.40 759,453.71 113.00 351.00 352.80 25.00 1,892.68 25,577.55 8,249.31 4,406.05 1,045.90 606.81 26.55 Check Total 12,645.45 1,084.72 5,000.00 ' 98,529.82 1,193.60 491.10 9,494.40 759,453.71 113.00 351.00 352.80 25.00 1,892.68 39,912.17 Pages apChkLst Final Check List Page: 7 16/16/2003 10:18:09AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 87175 10/16/2003 001212 SO CALIF GAS COMPANY 87177 10/16/2003 006145 STENO SOLOUTIONS 87178 10/15/2003 000752 STONE, JEFFREY 87179 10/16/2003 004221 SUSAN G KOMEN INLAND VAL (Continued) Description Oct 095-167-7907-2 Fire Stn 84 Oct 021-725-0775-4 Sr Ctr Oct 181-383-8881-6 Museum 87175 10/16/2003 002366 STEAM SUPERIOR CARPET CL 8/29-9/25/03 Museum Cleaning Svcs Oct Museum Carpet Cleaning Svcs Sept Transcription Svcs:Police Reimb:Exec. Forum/Wkshp:7/16-19 2003 Sponsorship:Race for the Cure 87180 10/16/2003 002224 SYNDISTAR INC Public educ. Materials: Fire Prevention 87181 10/16/2003 005985 TECHNOLOGY INTEGRATION G Computer and Printer Supplies 87182 10/16/2003 006465 TEMECULAAUTOREPAIR CodeEnf. Vehicles smog ck Code Enf. Vehicles smog ck Fire Prev. vehicle maint svcs 000307 TEMECULA TROPHY COMPAN Name Plate Insert:D.Haserot Name Plate Insert:Traf. Safety Commis 004274 TEMECULA VALLEY SECURITY City Hall Locksmith Svcs 87183 10/16/2003 87184 10/16/2003 87185 10/16/2003 87186 10/16/2003 87187 10/16/2003 87188 10/16/2003 006918 THORSON, TIM 003862 THYSSENKRUPP ELEVATOR. 006192 TRISTAFF GROUP 005592 TWINING LABORATORIES 002702 U S POSTAL SERVICE 004486 UNION 76 004981 UNISOURCE SCREENING & 87189 10/16/2003 87190 10/16/2003 87191 10/16/2003 Rb:Architecture/Public Sector:9/22-23 Oct-Dec Museum Elev. Maint. Svcs Temp Help W/E 9/28 Bradley Aug Prof Svcs:Pechanga Pkwy Jul Prof Svcs:Pechanga Pkwy Credit:Jul Incorrect Billing of "Unit Credit:Aug Incorrect Billing of "Unit Postage meter deposit City vehicle fuel usage 9/16-30 H.R. Screening Svcs Amount Paid 106.05 39.29 11.03 960.00 700.00 1,160.80 84.42 25,000.00 2,960.00 267.22 70.00 70.00 67.06 8.08 8.08 16.29 46.87 1,020.00 520.00 6,524.59 5,101.01 -60.00 -108.00 6,997.64 128.71 329.00 Check Total 156.37 1,660.00 1,160.80 84.42 25,000.00 2,960.00 267.22 207.06 16.16 16.29 46.87 1,020.00 520.00 11,457.60 6,997.64 128.71 329.00 Page~ apChkLst 10/16/2003 10:18:09AM Bank: union UNION BANK OF CALIFORNIA Check # Date 87192 10/16/2003 87193 10/16/2003 87194 10/16/2003 87195 10/16/2003 87196 10/16/2003 87197 10/16/2003 Vendor 006398 VALUE MANAGEMENT STRATE 004261 VERIZON CALIFORNIA Final Check List CiTY OF TEMECULA (Continued) Description Consulting Svss:French Vly Pkwy/I-15 Sept various phones general usage 004789 VERIZON INTERNETSOLUTION Intemetsvcs/EOCbackup @ stn84 006612 WEATHERPROOFING TECH, I 004829 WILSON GROUP LLC, THE 006678 WRIGHT, INGRID Page: 8 West Wing Diagnostic Leak Test/Rep City Hall Prev. Roof Maint. Svcs MPSC Prey. Roof Maint. Svcs West Wing Prey. Roof Maint. Svcs Oct State Lobbyist Svcs for City Issue Refund:Watercolor WS-Ldscp Amount Paid Check Total 21,413.44 21,413.44 359.94 359.94 69.95 69.95 6,250.00 2,700.00 1,080.00 720.00 10,750.00 3,500.00 3,500.00 40.00 40.00 1,497,899.48 Sub total for UNION BANK OF CALIFORNIA: Page~ ITEM 3 APPROVAL ~ CITY A'I-I'ORN EY DIR.OF FINANCE /~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Jim Domenoe, Chief of Police~'/~ October 28, 2003 Sixth Amendment to Agreement for Law Enforcement Services RECOMMENDATION: That the City Council: Approve the sixth amendment to the agreement for law enfomement services between the County of Riverside and the City of Temecula to include hiring two additional motorcycle officers. 2. Approve an additional appropriation of $165,000 from General Fund undesignated fund balance. BACKGROUND: The City of Temecula has contracted with the County of Riverside Sheriff's Department for law enforcement services since incorporation. On July 25, 2000 the City Council approved the existing five-year contract for law enforcement services with the County of Riverside. On November 14, 2000 the City Council approved the first amendment to the contract to address field-training costs associated with the addition of new officers. On February 27, 2001 the City Council approved the second amendment to the contract to provide for the addition of five patrol officers as a result of the Vail Ranch annexation. On July 24, 2001, the City Council approved the third amendment to the contract, which added one lieutenant, one motorcycle officer for the Neighborhood Enforcement Team (NET) and one Community Service Officer. On June 25, 2002, the City Council approved the fourth amendment to the contract, which added two motorcycle officers, two patrol officers and one task force officer for the Southwest Corridor Task Force. On July 22, 2003 the City Council approved the addition of three officers. One officer was added to patrol and the other two officers were dedicated to traffic duties. This brought the number of sworn officers to 76 and exceeded the target ratio of officers to population. On August 28, 2003 the City Council authorized the addition of two motorcycle officers as the result of the need for enhanced, dedicated enforcement of red light violations. This addition of personnel will bring the total number of sworn officers to 78. Two motorcycle officers will be added to supplement the existing complement of eight motorcycle officers. These motorcycle officers are dedicated to the Stop Light Abuse Program (SLAP), which provides dedicated traffic enforcement to the many signalized intersections in Temecula. The additional motorcycle officer would enhance the ability of the police department to respond to the many requests for service within the city. FISCAL IMPACT: The projected cost of the two positions that will be added as a result of this contract amendment is approximately $165,000.00 for FY 2003-04 at the estimated 2003-2004 contract rates. An additional appropriation to the FY 2003-04 operating budget will be required to cover staffing and other costs related to these positions. ATI'ACHMENT: Sixth Amendment to Agreement for Law Enforcement Services between County of Riverside and City of Temecula. ORIGINAL SIXTH AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN COUNTY OF RIVERSIDE AND CITY OF TEMECULA IT IS MUTUALLY AGREED that the Agreement for Law Enforcement Services between the County of Riverside and the City of Temecula, approved by the Board of Supervisors on December 19, 2000, for services effective July 1, 2000 through June 30, 2005, as amended December 19, 2000, March 27, 2001, August 14, 2001, October 29, 2002 and October 7, 2003 is hereby amended in the following respects only: 1. Attachment A is amended to read as follows: ATTACHMENT A CITY OF TEMECULA LEVEL OFSERVICE Average Patrol Services 151.2 supported hours per day. (Approximate equivalent of thirty-one (31) Deputy Sheriff positions @ 1,780 annual productive hours per position standard.) Dedicated Positions One (1) Sheriff s Lieutenant Two (2) Sheriff s Sergeant positions Two (2) Deputy Sheriff (fully supported) positions-Special Enforcement Team Six (6) Deputy Sheriff (fully supported) positions-Community Policing Team Fourteen (14) Deputy Sheriff (fully supported) positions-Traffic/Motorcycle Team One (1) Deputy Sheriff (fully supported) position-K-9 Deputy One (1) Deputy Sheriff (fully supported) Southwest Corridor Task Force Two (2) Deputy Sheriff (unsupported) positions-School Resource Officers (year-round) Eleven (11) Community Service Officer II positions One (1) Community Service Officer I position IN WITNESS WHEREOF, the City of Temecula, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be signed by the Chairman of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below. CITY OF TEMECULA Dated: By:. Mayor ATTEST: Name Title By:. Dated: By: COUNTY OF RIVERSIDE Chairman, Board of Supervisors ATTEST: Nancy Romero Clerk of the Board By: Deputy FORM APPROVED COUNTY CO! 0CT 0 8 2003 2 ITEM 4 APPROVAL CITYATTORNEY ~ DIRECTOR OFFINAN~E~i~ CITY MANAGER ~) I ' TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council Herman D. Parker, Director of Community Services Depar/men~ October 28, 2003 First Amendment to Agreement Between City Of Temecula And Tremco/Weatherproofing Technologies, Inc. PREPARED BY: Kevin T. Harrington, Maintenance Superintendent RECOMMENDATION: That the City Council: 1. Approve the First Amendment with Tremco/Weatherproofing Technologies, Inc. This Amendment extends the Term of the Agreement and revises the scope of work to include additional roof repairs and extra work services in the amount of $78,960. BACKGROUND: Due to a lack of emergency response from vadous roofing companies, the City was interested in locating a ioof maintenance company that could respond to roof leaks within 24 hours. We also wanted a company that, for a fixed annual fee, could perform a comprehensive preventive maintenance program on City roofs and be responsible for any leaks. It was determined that Tramco/Weatherproofing Technologies was offedng such a service in Southern California and that they were the largest roof maintenance provider in the U.S. Tremco also manufactures a complete line of roofing products in U. S. and Canada. It was concluded that Tremco was the most qualified company to meet our needs. The City was also in need of a roofing company that could perform emergency repairs to park restroom buildings, correct major roof deficiencies or re-roofs, which are not covered by the preventative maintenance contract mentioned above. Therefore in July of this year, TCSD requested houdy rates and material prices from various roofing companies. The purpose was to establish a competitive pdce threshold for routine and emergency roof repair services. It was further intended after review of the completed price sheets, that the City would elect to enter into an ann ual agreement for a not to exceed amount, depending upon a company's expertise and pdces to make repairs. TremcoNVeatherproofing Technologies was the only company, which responded to the City's request. The City, therefore entered into a one-year contract with TremcoNVeatherproofing on July 1,2003 to make remedial repairs and perform preventative maintenance on several City facilities. The odginal contract was for $21,040 to perform these duties. The repairs have been completed and Staff wishes to extend the terms of the agreement, based on current rates, foran additional year, as well as allowing an option for two one-year extensions. 1 R:\WEDEKlB\Contracts~2003-2004 Contracts'Agenda Report Tremco-Weatherproofing.doc Since the City already has an agreement with Tremco/Weatherproofing for annual roof preventative maintenance, it is requested that we revise the scope of work and contract amount, to allow the contractor to perform major roof renovations and emergency repairs to roofs not covered by the preventative maintenance agreement. This amendment requests an additional $50,190 for these repairs plus $28,770 for the extended preventative maintenance services previously discussed. These work items increase the existing contract amount to $100,000. FISCAL IMPACT: accounts: Sufficient funds have been included in the TCSD Budgets for FY 2003-04 in 190-180-999-5212 190-181-999-5212 190-182-999-5212 190-184-999-5212 190-185-999-5212 190-188-999-5212 340-199-701-5212 340-199-702-5212 ATTACHMENT: 1st Amendment 2 R:\WEDEKlB\Contracts\2003-2004 Contracts~Agenda Repod Tremco-Weatherproofing doc EXHIBIT "A" Please see attachment. 3 R:\W edekib~Contmcts~03-2004 Contracts~Agenda Report Tremco-Weatherprooflng.doc FIRST AMENDMENT TO AGREEMENT BE'i'WEEN CITY OF TEMECULA AND TREMCO/WEATHERPROOFING TECHNOLOGIES, INC. THIS FIRST AMENDMENT is made and entered into as of Sep 18, 2003 by and between the City of Temecula, a municipal corporation ("City")and Tremco/Weatherpreofing Technologies, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On July 1, 2003 the City and Tremco/VVeatherproofing Technologies, Inc. entered into that certain agreement entitled "City of Temecula Agreement for Maintenance Services" ("Agreement") in the amount of $21,040.00. B. The parties now desire to extend the term of the Agreement and increase the payment amount by $78,960.00 and amend the Agreement as set forth in this Amendment. TERM. The term of the Agreement is extended to June 30, 2005, with City option for two (2) one-year extensions. PAYMENT. Exhibit B to the Agreement is hereby deleted from the Agreement and in its place a new Exhibit B is added to the Agreement as set forth on Attachment "B' to this Amendment. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. The first amendment shall not exceed 78,960.00 for the roof preventive maintenance program and necessary roof repairs, inspection and replacement for a total contract amount of $100,000.00. EXHIBIT A to the Agreement is hereby deleted from the Agreement and in its place a new Exhibit A is added to the Agreement as set forth on the Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. Except for the changes specifically set forth herein, all other terms and conditions of the odginal Agreement shall remain in full fome and effect R.'IWEDEKIBICON'[RACTSI2003-2004 CONTR3CTSITREMCO ISTAMENDME~ITREIADOCNEW2OO3.DOC IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Jeffrey E. Stone, Mayor ATI'EST: BY: Susan W. Jones, CMC City Clerk Approved As to Form: BY: Peter M. Thorson, City Attomey CONTRACTOR: Tremco/VVeatherproofinfl Technolo.qies~ Inc. BY: NAME: TITLE: BY: NAME: TITLE: R:[ WEDEK1BICONTRACTSI2003-2004 CONTRACI~[TREMCO 1ST AMENDME~T REK DOCNEW2OO3. DOC Attachment "A" EXHIBIT "A-I" CITY OF TEMECULA PREVENTIVE ROOF MAINTENANCE PROGRAM. Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Contractor for future repair, improvement, maintenance and/or construction upon real and personal property of the City. Work will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ("Director") or his designee shall subrrdt to Contractor a writing "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in the writing to material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B' to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. THE PREVENTIVE ROOF MAINTENANCE PROGRAM DESCRIBED IN THIS SCOPE OF WORK, ARE FOR LOCATIONS LISTED BELOW: LOCATIONS: · Mary Phillips Senior Center 41845 6th. Street Temecula · City Hall 43200 Business Park Drive Temecula · Maintenance Facility43210 Business Park Drive Temecula · Community Recreation Center 30875 Ranch Vista Road Temecula · Temecula Community Center 28816 Pujol St. Temecula · Temecula Valley Museum 28314 Mercedes St. Temecula · Wedding Chapel 28314 Mercedes St. Temecula Contractor and the City hereby agree that subject to the terms, conditions and limitations stated herein, Contractor will provide the following services to the City on the City's Roofing System described above (hereinafter~' CRS"). The annual price will be held for a five year period. The services being offered by the Contractor include the following: R:~WEDEKIBICONIRACTSI2003-2004 CONTRACI'SITREMCO ISTAMENDME'JF REIADOCNEW2OO3. DOC A. LEAK RESPONSE PROGRAM For each leak in the CRS which is covered under this Agreement, the City shall immediately within 24 hours call 1-800-5-TREMCO and report the roof leak, location, City's site contact representative, leak sevedty and any other information which may be useful to Contractor in responding to the leak. Contractor will promptly (within 24 hours) deploy a contractor to respond to the leak. If leaks due to sources that are not covered by this TremCare Service agreement, customer will be billed at the pre-arranged billing rate. Otherwise, Contractor will pay for the leak repairs. If necessary, a follow-up inspection to the CRS leak area will be conduct to examine the repair quality and identify additional roofing concerns. If leaks have been reported, a leak activity report will be provided to the City on a quarterly basis. These reports will provide the following: Number of customer calls into the system. Response time for each call. Overview and/or follow up recommendations. INSPECTIONS, HOUSEKEEPING AND PREDICTIVE MNNTENANCE On a semi-annual basis during the term of this Agreement, Contractor shall provide roof inspections, routine preventive maintenance and general housekeeping services on the CRS, on a schedule to be agreed upon by Contractor and the City. Roof inspection services are as follows: 1. Visual inspection of the roof membrane and roof surface conditions. 2. Inspection of the flashing systems including, but not limited to, the metal edge system, base flashing on equipment and adjoining walls, counterflashing and termination details, soil stacks and vents, and inspection of rooftop projections and equipment including, but not limited to, pitch pans, HVAC equipment, skylights and access hatches. Roof inspection services do not include: 1. Inspection of water damage or mold growth. 2. Detection or identification of mold. Preventive maintenance services are as follows (NOTE: Preventive maintenance involves work that is meant to keep the roof in its present condition. It does not include extensive repairs or restoration of a deteriorated roof intended to improve its condition to maintainable roof. If such extensive repairs are necessary, you will be made aware of what is needed to be done to bring the individual roof to maintainable condition.): 1. Metal edge flashing components - incidental tears, splits and breaks in the membrane flashings will be repaired with appropriate repair mastics and membranes. Incidental tears and splits in the flashing membrane will be repaired with appropriate repair mastics and membranes. Incidental open or split flashing strip- ins will be repaired with appropriate repair mastics and membranes. Unsecured rooftop equipment will be secured. Exposed fasteners will be sealed. Intermittent voids in termination bar and countedlashings sealant will be resealed. Roof membrane maintenance repairs - incidental tears, breaks and spits in the flashing membrane will be repaired with appropriate repairs mastics and membranes. Incidental splits and blisters that threaten the roof integrity will be cleaned, primed and repaired with appropriate repair mastics and membranes. R:IWEDEKIBtCONTRACTSI2003-2004 CONTRACTSITREMCO ISTAMENDME~TREV. DOCNEW2OO$.DOC Intermittent voids in metal projections (hoods and clamps) sealants will be resealed. Preventive maintenance services do not include: a. Repairs or maintenance of any building component other than the roofing system. b. Remediation or abatement of mold. c. Recoating of roof membranes. General rooftop housekeeping services are as follows: 1. Removal of debris (i.e., leaves, branches, paper and similar items) from the roof membrane (excluding HVAC and other major equipment). 2. Removal of debris from the roof drains, gutters and scuppers. 3. All debris will be disposed of at the City's expense at City's approved on-site location. (Housekeeping and general rooftop preventive maintenance does not absolve the building City/customer fro keeping effluent and debris from the roof surface. Production-related matedal is excluded as part of the housekeeping. Additionally, it the scheduled cleaning is insufficient to maintain the roof integrity, customer must pay for additional cleaning/inspections or assume responsibility for such cleanings. Customer agrees that all debds on or removed from the roof is the sole property of Customer and it is the sole responsibility of Customer to propedy dispose of said debris.) C. ANNUAL ROOFINSPECTION As part of one semi-annual inspection, Contractor will provide an annual roof inspection report. The annual report shall become part of the roof database which will be maintained on the roof system for the life of this agreement. Roof inspection reports will not address the presence of water damage to any building component other than the roofing system or the presence of mold. D. STORM REPORTS Upon notification by the City, Contractor will provide a roof inspection and a corresponding report after a major storm to ensure timely repairs. This inspection may coincide with the semi-annual roof inspection, if the timing is close to this planned inspection. E. CITY'S RESPONSIBILITIES It is agreed by the parties that Contractor by this Agreement does not assume possession or control of any part of the CRS. Control and ownership of the CRS and all parts of the Building remains solely with the City. The City is solely responsible for all requirements imposed by any federal, state or local law, ordinance or regulation, and all repair, maintenance and other work with respect to the CRS and the Building, except as expressly stated by this Agreement. The City shall at all times exercise reasonable care in the use and maintenance of the CRS. Immediate repair of leaks is critical to prevent water damage and mold growth. Some authorities believe that mold will start to grow on building components with 24 hours of significant flooding or leakage. Ifthe City does not immediately report leaks in accordance with the leak response program offered herein, Contractor has no responsibility to perform the services described in Section A. The City shall in any event report all leaks which occur in the CRS within the Service Agreement period either through the 1- 800 Leak Call R:[WEDEKIBICONTRACT$12033-2004 CONTRACTSITRF31CO ISTAMENDME~J'TREV. DOCNEW2OO3.DOC Service or in writing to Contractor at 3735 Green Road, Beachwood, Ohio 44122, as soon as possible (however, in no event more than thirty (30) days) after leakage is or should have been discovered. In no event is Contractor responsible for any repairs to any part of the Building other than the CRS. The liability or expense for such repair is to be assumed and paid by the City. If the leak is not within the Service Agreement coverage, Contractor shall advise the City, and the City shall have repairs performed within thirty (30) days according to Contractor specifications. The City agrees to provide Contractor with unrestricted ready access to the CRS and all areas of the Building on which the CRS is located. SERVICE AGGREMENT EXCLUSIONS This Service Agreement does not cover any leaks or damage or failure of the CRS or any part thereof as result of: Natural or accidental disaster, including but not limited to, damage caused by lighting, hailstorms, floods, gale force winds (32 mph or greater), tomadoes, earthquakes, fire, vandalism, animals, penetration of the membrane or chemical attach by outside agents. Any intentional or negligent act on the part of the City or third party including, but not limited to, misuse, traffic or storage of materials on the roof. Any repair of these items will be at City's expense. Distortion, expansion or contraction of the CRS caused by faulty odginal construction or design of building components, including parapet walls, copings, chimneys, skylights, vents or roof deck. Additionally, this agreement excludes recoating or resurfacing of the flood coat and reflective coating of the CRS. G. SERVICE AGREEMENT LIMITATIONS Contractor shall have no responsibility and or liability under this Service Agreement until the Service Agreement pdce has been paid in full. The City's rights under this Service Agreement are specific to the City and are not transferable. Contractor obligation under this Agreement may be voided by Contractor based on events described in Section F, change in usage of the Building without the pdor written approval of Contractor, repairs, alterations, penetrations of the attachments to the CRS without the prior wdtten approval of Contractor, building settlement, deterioration, cracking or failure of the roof deck, coping and parapet walls, infiltration or condensation of moisture in, through or around walls, copings, underlying structure, hardware or equipment, or failure of the City to comply with its obligations described in this Agreement. H. OTHER TERMS Contractor will be excused from performing under this Agreement if prevented or delayed by events not within its control, including events such as floods, rites, accidents, riots, explosions, govemmental order, acts of or omissions of contract CRS or other third parties, inability to access the CRS, etc. The City agrees that this Agreement, and the services and remedies set forth herein, are exclusive, and there are no other agreements between the City and Contractor or any affiliate. R:I WEDEKIB[CONTRACI~I2003-2004 CONTR~CT~ITREMCO ISTAMENDMF~T REV. DOCNEW2OO3.DOC CITY MAY REQUEST CONTRACTOR TO MAKE REPAIRS WHICH ARE BEYOND THE SCOPE OF PREVENTIVE MAINTENANCE SERVICES OUTLINED ABOVE OR TO MAKE REPAIRS TO ROOFS ON FACILITIES NOT LISTED HERE. THESE ADDITIONAL MAINTENANCE REPAIRS, WILL BE BASED ON CURRENT TIME AND MATERIAL COSTS, AS STATED IN ATTACHMENT "B", TITLED "EXHIBIT B PAYMENT RATES AND SCHEDULE". Attachment "B" EXHIBIT B PAYMENT RATES AND SCHEDULE Time and Material cost for roofing services which are not covered by the Preventative Maintenance Program: Hourly Rate Per Man Hour- Foreman or Roof Technician Routine Maintenance and Repair (8:00 am to 5:00 pm M-F): $68.25 Emergency Maintenance and Repair (material included): $75.00 Hourly Rate Per Overtime Man Hour (after hours, weekends and holidays, etc.)- Foreman or Roof Technician Maintenance and Repair (materials included): $85.00 B. Fixed cost for Preventative Maintenance and initial remedial repairs: Year 2003 Building Name Roof Area 28314 Mercedes Drive Temecula Valley Museum 28816 Pujol Street Temecula Community Center CRC Recreation/Community 3075 Rancho Vista Road Center CRC Recreation/Community 3075 Rancho Vista Road Center CRC Recreation/Community 3075 Rancho Vista Road Center 41845 6th Street Sr. Center 41845 6th Street Sr. Center 41845 6th Street Sr. Center Budget Action Predictive Roof Maintenance Program Predictive Roof Maintenance Program Pro-active remedial repairs on flashings and penetrations Diagnostic leak test and repairs on 2 different leak areas Predictive Roof maintenance Program Diagnostic leak test and repair over MP room TRACE core analysis on Multipurpose Room & Kitchen: Pro-active remedial repairs on penetrations and flashings BudgetS Expended $ $370 $600 $1,560 $780 $3,970 $78O $39O $880 Year 2003 Continued Building Name Roof Area 41845 6th Street Sr. Center Budget Action Predictive Roof Maintenance Program Budget $ Expended $ $1,080 43200 Business Park City Hall Install an emulsion system at the ponded area over the Audio Room $650 43200 Business Park City Hall 43200 Business Park City Hall 43200 Business Park City Hall 43210 Business Park Drive Maintenance & Facilities 43210 Business Park Drive Maintenance & Facilities Wedding Chapel Wedding Chapel Year Summary Year 2004 Address the perimeter wall where the termination is unsecured. $1,550 Predictive Roof Maintenance Program $2,700 Diagnostic leak test and repairs on 2 current leaks $78O Diagnostic leak test and repairs on 11 currant leak areas: $6,250 Predictive Roof Maintenance Program $720 Predictive Roof Maintenance Program $150 $23,210 0 Building Name 28314 Mercedes Drive 28816 Pujol Street 3075 Rancho Vista Road 41845 6th Street 43200 Business Park 43210 Business Park Drive Wedding Chapel Year Summa~ Roof Area Budget Action Budget $ Expended $ Predictive Roof Maintenance Temecula Valley Museum Program $370 Predictive Roof maintenance Temecula Community Center Program $600 CRC Recreation/Community Predictive Roof Maintenance Center program $3,970 Predictive Roof Maintenance Sr. Center Program $1,080 Predictive Roof Maintenance City Hall Program $2,700 Predictive Roof maintenance Maintenance & Facilities Program $720 Predictive Roof Maintenance Wedding Chapel Program $150 $9,590 0 R:t WEDEKIB[CONTRACTSI200$-2004 CONTRAETSiTREMCO / ST AMENDMENT REV. DOCNEW2OO3. DOC Year 2005 Building Name 28314 Mercedes Drive 28816 Pujol Street 3075 Rancho Vista Road 41845 6th Street 43200 Business Park Roof Area Temecula Valley Museum Temecula Community Center CRC Recreation/Community Center Sr. Center City Hall 43210 Business Park Drive Maintenance & Facilities Wedding Chapel Wedding Chapel Year Summary Year 2006 Budget Action Predictive Roof Maintenance Program Predictive Roof maintenance Program BudgetS Expended $ $370 $600 Predictive Roof Maintenance program $3,970 Predictive Roof Maintenance Program $1,080 Predictive Roof Maintenance Program $2,700 Predictive Roof maintenance Program $720 Predictive Roof Maintenance Program $150 $9,590 0 Building Name 28314 Mercedes Drive 28816 Pujol Street 3075 Rancho Vista Road 41845 6th Street 43200 Business Park Roof Area Temecula Valley Museum Temecula Community Center CRC Recreation/Community Center Sr. Center City Hall 43210 Business Park Drive Maintenance & Facilities Wedding Chapel Wedding Chapel Year Summary Budget Action Predictive Roof Maintenance Program Predictive Roof maintenance Program BudgetS Expended $ $370 $600 Predictive Roof Maintenance program $3,970 Predictive Roof Maintenance Program $1,080 Predictive Roof Maintenance Program $2,700 Predictive Roof maintenance Program $720 Predictive Roof Maintenance Program $150 $9,590 0 R:I WEDEKIBICONTRACTS[2003-2004 CONTRACT$[TREMCO I ST AMENDMI~ REV. DOCNEW2OO3. DOC Year 2007 Building Name 28314 Mercedes Drive 28816 Pujol Street 3075 Rancho Vista Road 41845 6th Street 43200 Business Park Roof Area Temecula Valley Museum Temecula Community Center CRC Recreation/Community Center Sr. Center City Hall 43210 Business Park Drive Maintenance & Facilities Wedding Chapel Wedding Chapel Year Summary Budget Action Budget $ Expended $ Predictive Roof Maintenance Program $370 Predictive Roof maintenance Program $600 Predictive Roof Maintenance program $3,970 Predictive Roof Maintenance Program $1,080 Predictive Roof Maintenance Program $2,700 Predictive Roof maintenance Program $720 Predictive Roof Maintenance Program $150 $9,590 0 /// R:~WEDEKIBICONTRACTSI2003 2004 CONTRACTSITREMCO IST AMENDMI~d~ REV. DOCNEW2603.DOC ITEM 5 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT APPROVAL CITY ATTORNEY ~ DIRECTOROFFINANCE~I CITY MANAGER City ManagedCity Council /~Villiam G. Hughes, Director of Public Works/City Engineer October 28, 2003 Parcel Map No. 31144, Located on the West Side of Avenida De San Pasqual Cul-de-sac Terminus, North of Santiago Road PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Gerald L. Alegria, Senior Engineer - Land Development RECOMMENDATION: That the City Council approve Parcel Map No. 31144 in conformance with the Conditions of Approval. BACKGROUND: Parcel Map No. 31144 is a three (3) parcel residential subdivision, located on the west Side of Avenida De San Pasqual cul-de-sac terminus, north of Santiago Road. The survey monuments are required to be set. On May 15, 2003, the City of Temecula Planning Director approved Tentative Pamel Map 31144, with the appropriate Conditions of Approval. This final map is in conformance with the approved tentative map. The approval of a final subdivision map, which substantially complies with the previously approved tentative map is a mandatory ministerial act under State law. It should be noted the Development Impact Fees (DIF) will be due and payable at the time of issuance of the Building Permits. FISCAL IMPACT: None ATTACHMENTS: 2. 3. 4. Development Fee Checklist Fees & Securities Report Project Vicinity Map Parcel Map No. 31144 r:~agdrpt~2003\1028~pm31144.map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. PM 31144 Staff reviewed the following fees relative to their applicability to this project. FEE Flood Control (ADP) Development Impact Fee CONDITIONS OF APPROVAL Paid Not Paid r:~agdrpt~003\1028\pm31144.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP 31144 DATE: OCTOBER 28, 2003 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 11,500.00 $ 6,000.00 Water $ 4,000.00 $ 2,000.00 TOTAL $ 15,500.00 $ 6,8000.00 Monument $ 1,500.00 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Plan Check Fee Monument Inspection Fee Comprehensive Transportation Plan Fees Paid to Date Balance of Fees Due $ 0.00 $ Paid $ Not Paid $ 57.00 $ 1,110.00 $ 250.00 $. 4.00 $ 1,421.00 $ o 3 r:~agd rpt~003\1028~m31144.map SITE ~ S~\~® VICINITY MAP NOT TO SCALE ITEM 6 TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City ManagedCity Council ~t¢,~ ~illiam G. Hughes, October 28, 2003 APPROVAL CITYATTORNEY DIRECTOR OFFINANCE~ CITY MANAGER Director of Public Works/City Engineer Tract Map No. 25004, Located Northerly of Nicolas Road and East of Seraphina Road PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Gerald L. Alegria, Senior Engineer - Land Development RECOMMEN DA'DION: That the City Council approve Tract Map No. 25004 in conformance with the Conditions of Approval. BACKGROUND: Tract Map No. 25004 is an eighty-one lot (81) lot residential subdivision, located northerly of Nicolas Road and east of Seraphina Road. The survey monuments are required to be set. On November 13, 1990, the Temecula City Council approved Vesting Tentative Tract Map 25004, with the appropriate Conditions of Approval. The tentative map was subject to four series of Extensions of Time and received its fifth and final Extension of Time on February 6, 2003 by the Planning Director, with the appropriate Conditions of Approval. This final map is in conformance with the approved tentative map. The approval of a final subdivision map, which substantially complies with the previously approved tentative map is a mandatory ministerial act under State law. It should be noted the Development Impact Fees (DIF) will be due and payable at the time of issuance of the Building Permits. FISCAL IMPACT: None ATFACHMENTS: 2. 3. 4. Development Fee Checklist Fees & Securities Report Project Vicinity Map Tract Map No. 25004 I r:~agdrpt~003\1028\tm25004.map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 25004 Staff reviewed the following fees relative to their applicability to this project. FEE Flood Control (ADP) Development Impact Fee CONDITIONS OF APPROVAL Paid Not Paid 2 r:~agd rpt~003\1028\tm25004.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP 25004 DATE: October 28,2003 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 862,500.00 $ 431,250.00 Water $ 135,000.00 $ 67,500.00 Sewer $ 147,000.00 $ 73,500.00 TOTAL $ 1,144,500.00 $ 572,250.00 Monument $ 10,000.00 Erosion Control $ 20,000.00 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Plan Check Fee Monument Inspection Fee Comprehensive Transportation Plan Fees Paid to Date Balance of Fees Due $ 0.00 $ Paid $ Not Paid $ 57.00 $ 1,510.00 $ 500.00 $. 4.00 $ 2,071.00 $ o 3 r:~agdrpt~O03\1028\tm25004.map TRACT NO. 25004 ENVIRONMENTAL CONSTRAINT SHEET TRACT NO. 25004 ITEM 7 APPROVAL CITY ATTORNEY DIRECTOR OFFINANCE CITY MANAGER ClTY OFTEMECULA AGENDA REPORT TO: JJ~ I City Manager/City Council FROM: fl~/V William G. Hughes, Director of Public Works/City Engineer DATE: October 28, 2003 SUBJECT: Acceptance of Certain Public Streets into the City-Maintained Street System within Various Tracts of the Chardonnay Hills Subdivision PREPARED BY: Ronaid J. Parks, Deputy Director of Public Works Steve Charette, Associate Engineer RECOMMENDATION: That City Council adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN CHARDONNAY HILLS SUBDIVISION) BACKGROUND: Pursuant to Section 1806 of the Streets and Highways Code, streets constructed by a developer as part of a subdivision must be accepted into the City street system. Exhibit "A" of the attached Resolution lists the tract maps within the Chardonnay Hills development which dedicated certain improvements to the City for street and public utility purposes. The tract maps have been duly recorded in the Official Records of the Recorder of the County of Riverside. Under the provisions of Resolution No. 99-110, the City Council authorized the Director of Public Works/City Engineer to accept public improvements as completed on behalf of the City of Temecula. The Public Works Director has accepted the public improvements for certain tracts within the Chardonnay Hills Subdivision as listed in Exhibit "A" and directed the City Clerk to reduce the Faithful Performance Bond to the one-year Warranty level for each tract. FISCAL IMPACT: to 8 years. Periodic surface and / or structural maintenance will be required every 5 ATTACHMENT: 1. Resolution No. 2003- with Exhibits "A 2. Vicinity Map 1 R:~AGENDA REPORTS~2003\102803\Chardonnay Hills - StreetAcceptance.doc RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN CHARDONNAY HILLS SUBDIVISION) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The City Council of the City of Temecula accepted offers of dedication of certain lots for street and public utility purposes made by the developer within the Chardonnay Hitls subdivision; WHEREAS, The subdivision maps described therein have been duly recorded in the Official Records of the Recorder of the County of Riverside; WHEREAS, pursuant to Section 1806 of the Streets and Highways Code, streets constructed by a developer as part of a subdivision, must be accepted into the City-Maintained Street System; WHEREAS, The Public Works Director/City Engineer accepted the completed public improvements for certain various tracts within the Chardonnay Hills Subdivision on behalf of the City of Temecula; WHEREAS, Exhibit "A" lists tract maps, which dedicate certain specified land and improvements to the City for street and public utility purposes. With respect to each parcel of land that contains street and/or public utility improvements listed on Exhibit "A" (the "Streets"), the City Council specifically finds that: NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City-Maintained Street System the streets and portions of streets offered to and accepted by the City of Temecula described in Exhibit "A" attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 28th day of October, 2003. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC, City Clerk 2 R:~AGENDA REPORTS~003\102803\Chardonnay Hi[Is - StreetAcceptance.doc SEAL STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on 28"~ day of October, 2003, by the following vote: AYES: NOES: ABSENT: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:~AGENDA REPORTS~003\102803\Chardonnay Hills - StreetAcceptance.doc EXHIBIT "A" TO RESOLUTION NO. 2003- Accepting several public streets offered to and accepted by the City of Temecula into the City- Maintained Street System as described below: Tract/Parcel Map Number Official Records of ~ounty of Riverside) Map Book / Lot Page Number No. Street Name (with boundaries) TM23100-6 281 / 54-59 A B C D TM23100-7 283 / 66-72 A B TM23100-8 293 / 90-95 A B TM23101-4 265 / 60-63 A B C D TM23101-5 280 / 85-89 A Promenade Chardonnay Hills (from Parducci Lane to Promenade Bordeaux) Cour Citran Chemin Domaine Chemin Chevalier Rue Jadot (from Promenade Chardonnay Hills to Cour Magdelane) Chemin Coutet Placer Lafite Placer Condrieu Promenade Bordeaux (from Ahem Place to Promenade Chardonnay Hills) Sebastiani Circle Ahem Place (from Promenade Bordeaux to subdivision boundary) Weibel Circle Culbertson Lane (from Sonoma Lane to Burgess Court) 4 R:~AGENDA REPORTS~2003\102803\Chardonnay Hills - StreetAcceptance.doc EXHIBIT "B" TO RESOLUTION NO. 2003- VICINITY MAP 5 R:~AGENDA REPORTS~2003\102803\Chardonnay Hills - StreetAcceptance.doc EXHIBIT "B" TO RESOLUTION NO. 2003- VICINITY MAP ITEM 8 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManageflCity Council APPROVAL CITY ATTORNEY DIRECTOR OF FINAN(~FE CITY MANAGER William G. Hughes, Director of Public Works/City Engineer October 28, 2003 Amendment No. 1 to Professional Services Agreement, Rancho California Bridge Widening Over Murrieta Creek, Project No. PW99-18 PREPARED BY: Greg Butler, Principal Engineer- Capital Projects David McBride, Senior Engineer- Capital Projects RECOMMENDATION: That the City Council approve Amendment No. 1 to the Agreement with Kleinfelder, Inc., for geotechnical and material testing and special inspection, in an amount not to exceed $34,845.00 for the Rancho California Bridge Widening Over Murrieta Creek Project - Project No. PW99-18, and authorize the Mayor to execute the amendment. BACKGROUND: On May 13, 2003, City Council approved a professional services agreement with Kleinfelder, Inc. in the amount of $80,328.00 and authorized a contingency amount equal to 10% of the contract or $8,032.80. Kleinfelder's proposal consisted of time estimates for the various aspects of the project requiring geotechnical and material testing and special inspection. Currently, two major portions of Kleinfelder's contract have been completed and it has been determined that additional time/funding is necessary to complete all the testing and special inspections associated with the project. The reasons for the additional expense are all contained within one specific element of the project involving the observation and testing of 26 cast in drilled hole (CIDH) piles, as follows: Material Testing of Steel Reinforcement: Quality assurance (QA) testing of steel reinforcement was not part of their proposal but it is a necessary aspect of constructing the CIDH piles. B. Time Needed to Complete the ClDH Piles: Kleinfelder's proposal envisioned the CIDH piles being constructed in 14 days and the actual time needed was 38 days. In addition, the increased construction time marginally increased the amount of the material testing needed. In should be pointed out that approximately $6,000 of expenses incurred during construction of the CIDH piles will be sought from the contractor in accordance with the construction contract, as a reduction in construction cost, for inspection costs outside of the established hours. R:~,GENDA REPORTS~003~102803~'0031028 PW99-18 Kleinfelder ~mendmentdec FISCAL IMPACT: The Rancho California Road Bridge Widening Project is a Capital Improvement Project funded through Redevelopment Agency Bonds and Development Impact Fees/Street Improvements. The cost of the original Agreement with Kleinfelder, Inc. is $80,328.00 and with the 10% contingency amount of $8,032.80 bringing the total authorization to $88,360.80. The First Amendment is for an amount not to exceed $34,845.00, for total agreement amount including the First Amendment is $123,205.80. Adequate funds are available for this amendment in Account No. 210-165-710-5805. ATTACHMENTS: 1. Project Location 2. Project Description 3. Amendment No. 1 R:~AGENDA REPORTSL, q~03~I02803~.0031028 PWgCj-18 Klelnfelder amendment.doc 0 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND KLEINFELDER, INC. GEOTECHNICAL AND MATERIAL TESTING & SPECIAL INSPECTION RANCHO CALIFORNIA ROAD BRIDGE WIDENING OVER MURRIETA CREEK PROJECT NO. PW99-18 THIS FIRST AMENDMENT is made and entered into as of October 28, 2003, by and between the Cityof Temecula, a municipal corporation ("City") and Kleinfelder, Inc. (~Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On May 13, 2003, the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Professional Services" ("Agreement") in the amount of $80,328.00 ("Agreement"). B. The parties now desire to increase the payment for additional geotechnical matedal testing and special inspections in the amount of Thirty Four Thousand Eight Hundred Forty Five Dollars and No Cents ($34,845.00) and amend the Agreement as set forth in this Amendment. 2. Section 5 of the Agreement is hereby amended to read as follows: PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. The First Amendment for the additional geotechnical material testing and special inspections is in an amount of Thirty Four Thousand Eight Hundred Forty Five Dollars and No. Cents ($34,845.00) for a total Agreement amount not exceed One Hundred Fifteen Thousand One Hundred Seventy Three Dollars and No Cents ($115,173.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. 3. The Scope of Work is amended to include the additional geotechnical material testing and special inspection services for the Rancho California Road Bridge Widening Over Murrieta Creek. The attached exhibit contains the additional Scope of Work 4. 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 BY: Jeffrey E. Stone, Mayor ATTEST: BY: Susan W. Jones, CMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONSULTANT Kleinfelder, Inc. Keith P. Askew, RCE 43218 Business Park Drive, Suite 201 Temecula, CA 92590 (909) 506-1920 BY: Michael P. Kesler, Regional Manager BY: Bartlett Patton, Sr. Vice President (Two Signatures Required For Corporations) 2 k~ KLEINFELDER August 28, 2003 File No. 30674 Mr. David McBride City of Temecula Department of Public Works 43200 Business Park Drive Temecula, California 92590 RECEIVED AUG g 9 Z003 OITY OF TEMECULA ENGINEERING DEPARTMENT Subject: Change Order for Geoteclmical and Materials Testing Services Rancho California Road Bridge Widening Project Temecula, California Dear Mr. McBride: We have prepared this Change Order for Geotechnical and Materials Testing Services to request a change in our original contract mount for the subject project, to provide a summary of our fees that have accrued for our services, and to compare these fees to the amount budgeted as provided in our original proposal entitled Geotechnical Consultation and Materials Testing Services, Rancho California Road Bridge Widening Over Murrieta Creek, City of Temecula Project No. PW99-18, Temecula, California, revision dated April 29, 2003. Our proposal included costs to provide observation and materials testing services during drilling of caissons for the new bridge, fabricating samples of concrete, and grout, and providing laboratop/testing. Based upon our meeting with you on August 18, 2003, we understand that you would like to see our costs broken out and summarized as shown in Table 1. Our costs can essentially be itemized into six different phases identified as: 1. Preconstmction Consultation 2: Observation During Installation of Stone Columns 3. Observation During Installation of CIDH Piles 4. Testing and Inspection of Materials 5. Technical Management 6. Report Preparation As of the date of this change order, the first three phases have essentially been completed, with the first and second phases within budget. Unfortunately, the third phase exceeded the allocated costs by approximately $34,845. The cost overrun can generally be attributed to the City of Temecula requesting Kleinfelder to provide steel inspection services which were not part of the proposal, and the foundation contractor spending more than twice the time originally anticipated to install the CIDH piles. A summary of costs that have accrued through August 24, 2003 is 30674/TEM3L224 Copyr/ght 2003 Kleinfelder, Inc. Page 1 of 3 August 28, 2003 KLEINFELDER 43218 Business. ParkDrive, Sute201, Temecula, CA92590 (909) 506-1488 (909)506-1491fax presented on the attached Table 1, Rancho California Bridge, Summary of Costs through 8-24-03. As shown in Table 1, approximately $10,628 was required to provide steel inspection, and steel testing services. Additionally, 290 hours of engineer time, or $30,304 was required for the installation of the CIDH piles. Our proposal allocated 112 hours, or approximately 3 weeks for this task. Upon reviewing our field daily reports, we have documented that construction of the CIDH piles occurred between June 9, and August 5, 2003, or for approximately 8 weeks. The majority of this time required that full time observation be provided by our engineer; however, there were down times during the 8 week period where we were not required to be on site. Kleinfelder worked with the contractor and city inspector to reduce on-site inspection from 320 hours (8 weeks) to the requested 290 hours. Additional cost overruns are attributed to field technician hours, laboratory testing of concrete cylinders, and additional testing provided by EarthSpectives. We are requesting a Change Order for the amount of $34,845, to cover cost overruns during installation of the CIDH piles. This will result in a revised total contract amount of$115,173. Enclosed are two original Change Order Agreements (Agreement). Signed originals of the Agreements returned to Kleinfelder will serve as our formal authorization to proceed. If you find this Change Order acceptable, please sign and return both originals. We will execute the same, and retum one original to you for your files. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you have any questions or require additional information, please do not hesitate to contact the undersigned at your convenience. Respectfully submitted, KLEINFELDER, INC. Geotechnical Group Manager Enclosure: Change Order Agreement 30674/TEM3L224 Copyhght 2003 Kleinf¢lder, Inc. Page 2 of 3 KLEINFELDER 43218 Business Park Drive, Suite 201, Temecula, CA 92590 August 28, 2003 (909) 506-1488 (909) 506-1491 fax ITEM 9 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAG EI~.~.~-) ClTY OFTEMECULA AGENDA REPORT City Manager/City Council Jim O'Grady, Assistant City Manager(~_., October 28, 2003 Request that Governor-Elect Schwarzenegger create a position of "Advisor for Municipal Affairs" (requested by Councilmember Comerchero) RECOMMENDATION: 1. That the City Council authorize the Mayor to sign a letter to Governor-elect Schwarzenegger requesting that he establish the position of "Advisor for Municipal Affairs"; and 2. That the City Staff be directed to request that the League of Cities endorse this request and urge other Cities to make a similar request. BACKGROUND: At your October 22, 2003 meeting, Councilmember Comerchero requested that the City Council consider endorsing a request that Governor-elect Schwarzenegger establish a position to advise him on Municipal Affairs. Such a position would be filled by a person of substantial local experience, and would then be consulted on all issues that would have an impact on cities. This is similar to a policy position at the Federal level that Councilmember Comerchero noted through his experience at the National League of Cities. Such a position could help improve communication and understanding of local issues at the State level. Attached is a letter as drafted by Councilmember Comerchero that expresses this recommendation. In addition, it is recommended that the League of Cities be contacted and requested to support this recommendation. FISCAL IMPACT: Not at this time. If such a position is established, there could be a positive fiscal impact for cities in the future through improving State understanding of municipal issues. ATTACHMENT: Draft letter to Governor-Elect Schwarzenegger of Temecula Business Park Drive · Temecula, CA92590 · MailingAddress: PO Box 9033 · Temecula, CA92589-9033 (909) 506 5100 · Fax (909) 694-6499 Jeffrey E. Stone Mayor Michael S. Naggar Mayor Pro-Tem Jeff Comerchero Councilmember Albert S. Pratt Councilmember Ronald H. Roberts Councilmember (909) 506-5100 FAX 694-6499 October 23, 2003 The Honorable Arnold Schwarzenegger Governor-elect of California State Capitol Building Sacramento, CA 95814 Dear Governor-elect Schwarzenegger: On behalf of the entire City Council, we would like to express to you that we have struggled, along with local elected officials from most California cities, with the relationship between us and the State of California. Most decisions made by our leaders in Sacramento have some effect on how we govern at the local level, yet we are rarely consulted on such issues. As you know, this has been a point of contention for most California cities. It is widely held among Mayors and Councilmembers that both the legislature and the Governor have demonstrated little understanding of the ramifications of their decisions on cities and counties. Term limits have opened more statewide offices to those serving at the city level, but invariably those elected to the legislature seem to get caught up in the political frenzy in Sacramento and forget the challenges they faced at home. As the newly elected Governor, and as someone that has promised a fresh approach to governance, this is the perfect opportunity to show the nearly 500 cities and 58 counties in our state, that you will make every attempt to be sensitive to our issues. As you are assembling your team, we strongly suggest that you consider creating the position of "Advisor for Municipal Affairs" or any such title that reflects that this position would be filled by someone of substantial local experience. This The Honorable Arnold Schwarzenegger October 23, 2003 Page 2 person should then be consulted on all issues before you and the legislature that have an impact on cities. We would appreciate it if you and your transition team would give this recommendation serious consideration. I strongly believe that we, as local elected officials, can be a valuable ally in your efforts to bring the State together and get us moving in a positive powerful understanding of the difficulties we face in bringing critical services and programs to our constituents. Regards, Jeffrey E. Stone Mayor CC: Schwarzenegger Transition Office Temecula City Council League of California Cities TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT OCTOBER 22, 2003 A regular meeting of the City of Temecula Community Services District was called to order at 8:25 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Comerchero presiding. ROLL CALL PRESENT: 5 DIRECTORS: Naggar, Pratt, Stone, Roberts, and Comerchero ABSENT: 0 DIRECTORS: Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments. 1. Minutes RECOMMENDATION: 1.1 Approve the minutes of August 26, 2003; - Director Roberts abstained 1.2 Approve the minutes of September 16, 2003; 1.3 Approve the minutes of September 23, 2003. 2 Completion and Acceptance of Construction Contract for the Rancho California Sport,~ Park ADA Access, Proiect No. PW02-06CSD RECOMMENDATION: 2.1 Accept the project, Rancho California Sports Park ADA Access, Project No. PW02-06CSD, as complete; 2.2 File a Notice of Completion, release the Performance Bond, and accept a twelve (12) month Maintenance Bond in the amount of 10% of the contract; 2.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. Minutes.csd\102203 1 3 Grant of Easement in Favor of Southern California Edison to Supply Power to a Rancho California Water District Well Site 4 RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. CSD 03-18 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT AUTHORIZING THE GRANT OF EASEMENT FOR ELECTRICAL SUPPLY SYSTEMS TO SOUTHERN CALIFORNIA EDISON COMPANY TO SUPPLY POWER TO A WELL SITE (WITHIN THE RANCHO CALIFORNIA SPORTS PARK NEAR THE ENTRANCE AT MARGARITA ROAD) 3.2 Authorize the City Clerk to forward the executed Grant of Easement to the County Recorder's Office for recordation. Grant of Easement in Favor of Southern California Edison in Order to Supply Power to a Personal Communications Services Facility RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. CSD 003-19 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AUTHORIZING THE GRANT OF EASEMENT FOR ELECTRICAL SUPPLY SYSTEMS TO SOUTHERN CALIFORNIA EDISON COMPANY TO SUPPLY POWER TO A PERSONAL COMMUNICATIONS SERVICES FACILITY (WITHIN THE RANCHO CALIFORNIA SPORTS PARK NEAR THE ENTRANCE AT MARGARITA ROAD) 4.2 Authorize the City Clerk to forward the executed Grant of Easement to the County Recorder's Office for recordation. 5 Acceptance of Landscape Bonds and A,qreements for Tract Map No. 29639-2 - Harveston LLC RECOMMENDATION: 5.1 Accept the agreement and surety bonds from Harveston, LLC to improve the perimeter slopes and parkways along Date Street and Ynez road within Tract Map No. 29639-2; Minutes.csd\102203 2 6 5.2 Accept the agreement and surety bonds from Harveston, LLC to improve the landscaped medians on Date Street and Ynez road within Tract Map No. 29639- 2; 5.3 Accept the agreement and surety bonds from Harveston, LLC to improve the perimeter slopes along the interior Loop Road within Tract Map No. 29639-2; 5.4 Accept the agreement and surety bonds from Harveston, LLC to improve the Community Park within Tract Map No. 29639-2. Acceptance of various Landscape Easement Deeds within the Crowne Hill Development - Tract Map Nos. 23213-6, -7, -9, -10, -11, and Final RECOMMENDATION: 6.1 Accept landscape easement deeds from Lenone, Inc., a Virginia Corporation for the maintenance of perimeter/slope landscaping within Tract Map Nos. 23143- 10, and 23143-11; 6.2 Accept landscape easement deeds from PCCIII - Crowne Hill, LLC, a Delaware Limited Liability Company for the maintenance of perimeter/slope landscaping within Tract Map Nos. 23143-6 and 23143; 6.3 Accept landscape easement deeds from KB Home Coastal Inc. a California Corporation for the maintenance of perimeter/slope landscaping within Tract Map Nos. 23143-7 and 23143-9; 6.4 Authorize the City Clerk to record the Easement Deed. MOTION: Director Stone moved to approve Consent Calendar Item Nos. 1-6. The motion was seconded by Director Naggar and voice vote reflected unanimous approval, with the exception of Item 1.1, where Agency Member Roberts abstained. DIRECTOR OF COMMUNITY SERVICES REPORT No comment. GENERAL MANAGER'S REPORT No comment. BOARD OF DIRECTORS' REPORTS No comment. Minutes.csd\102203 3 ADJOURNMENT At 8:26 P.M., the Temecula Community Services District meeting was formally adjourned to Wednesday, October 22, 2003, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] Minutes.csd\102203 4 TCSD DEPARTMENTAL REPORT APPROVal CITY ATTORNEY DIRECTOR OF FINANOE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: Board of Directors Herman D. Parker, Director of Community Service~/'"~;~ October 28, 2003 Departmental Report PREPARED BY: Gall L. Zigler, Administrative Secretary RHA Landscape Architects is preparing the construction documents for the improvements to Vail Ranch Park Site "C" Pablo apis Park adjacent to Pauba Elementary School. This project is identified in this year's CIP. The new amenities will include a tot lot, picnic shelter, tables, benches and walkways. The Community Services Commission reviewed and approved the conceptual master plan at their February 11,2002 Commission meeting. This project will be going forward to City Council for approval and authorization to release a formal public bid in October. The conceptual Master Plan for the Wolf Creek Sports Complex, a 43 acre park with parking, restroom/concession buildings, maintenance building, four lighted basketball courts, four lighted soccer and four lighted softball/baseball fields, tot play equipment, picnic areas and walkways, was reviewed and approved bythe Board of Directors atthe January 14, 2003 meeting. The architect is currently drafting the construction documents. The week of June 9, 2003, the City received information that the Library Grant Application was deemed eligible for second round funding. Board staff will now begin the in-depth evaluation of all eligible applications. It is anticipated that the Board hearing to award second cycle grants will be held on October 28, 2003. Construction of the tenant improvements (TI's) at the Children's Museum continues. The Tl's were completed the first week of October. Sparks Exhibits and Environments will begin their tenant improvements for the exhibit areas of the facility in October. This will include exhibit wails, electrical lighting and finally, the exhibits themselves. The Development Services Division continues to participate in the development review for projects within the City including Wolf Creek, Roripaugh, Villages of Old Town and Harveston, as well as overseeing the development of parks and recreation facilities, and the contract for refuse and recycling, cable television services and assessment administration. R:~ZIGLERG~'~DEPTRPT~,1003 .doc The Maintenance Division continues to oversee the maintenance of all City parks and facilities, and assist in all aspects of Citywide special events. The Recreation Division staff is currently programming for their annual Halloween events and holiday activities. R:~ZIGLERG~XDEPTRP'I~ 1003,doc REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY OCTOBER 22, 2003 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:26 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Naggar, Pratt, Stone, and Roberts ABSENT: 0 AGENCY MEMBER: None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of August 26, 2003; - Agency Member Roberts Abstained 1.2 Approve the minutes of September 16, 2003; 1.3 Approve the minutes of September 23, 2003. Second Amendment to the Professional Services Aqreement with Keyser Marston Associates to Provide Fiscal Analysis of A.qenc¥ Projects RECOMMENDATION: 2.1 Approve the Amendment No. 2 to the Professional Services Agreement with Keyser Marston Associates (KMA) to provide fiscal analysis for the not to exceed amount of $25,000 and authorize the Executive Director of the Agency to execute the Amendment. 3 Old Town Billboard Annual Chanqe Outs RECOMMENDATION: 3.1 Approve a $5,200 Billboard Change-out Agreement with Lamar Advertising Company for the Old Town Billboard located on the Interstate 15 Freeway. MOTION: Agency Member Stone moved to approve Consent Calendar Item Nos. 1 through 3. The motion was seconded by Agency Member Comerchero and voice vote reflected unanimous approval, with the exception of Item 1.'1, where Agency Member Roberts abstained. R:Wlinutes.rda\102203 1 EXECUTIVE DIRECTOR'S REPORT No comment. AGENCY MEMBERS' REPORTS No comments. ADJOURNMENT At 8:27 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Wednesday, October 22, 2003 in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Roberts, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:'W1in utes, rda\102203 2 RDA DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY FINANCE DIRECTOF~ CITY MANAGER / TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Executive DirectoflRedevelopment Agency Members John Meyer, Redevelopment Director October 28, 2003 Monthly Departmental Report Attached for your information is the monthly report as of October 28, 2003 for the Redevelopment Department. First Time Homebuyers Pro.qram Funding in the amount of $100,000 is available for FY 03 -04, with $24,000 funded to date. Residential Improvement Programs The program budget for FY 03/04 is $250,000, with $27,177 funded on 5 units. Affordable Housing The Cottages of Old Town project consists of 14 new single-family detached homes and 3 rehabilitated single-family homes located on Sixth Street. The Groundbreaking ceremony was held on February 18, 2003. Construction has begun and the project will be completed by the end of the year. The selection process for the families was held on August 20. Habitat for Humanity Council entered into a Disposition and Development Agreement (DDA) with Habitat for Humanity on February 11, 2003 to develop a home-ownership project within the Pujol Neighborhood. The project located on the northwest corner of Pujol and First Streets, will consist of 6 new single-family detached homes. The total project site is approximately 37,000 square feet with approximate lot sizes of 5,000. The houses are arranged along Pujol Street and a private lane. The groundbreaking was held on July 26, 2003. R:\SYERSK~MONTHLLY~sep2003.d oc I Rancho Meadows Condominiums The Council approved a housing rehabilitation loan for the Rancho Meadows Housing Project on February 11, 2003. Rancho Meadows is a 146-unit condominium project composed of two, three and four bedroom units. The proposed rehabilitation work includes roofing, siding, painting, fencing, paving, garage doors and related items, Senior Housing Council entered into a Disposition and Development Agreement (DDA) on January 14, 2003 with Community for Better Housing (CBH) for a 66 unit affordable senior housing project on Pujol Street. The project will be two-story garden-style apartments and project amenities, which will include a community room, and swimming pool. Construction has begun and will be completed by early 2004. Old Town Community Theater The construction drawings have been completed and the project is being prepared to go out to bid. The Mercantile Building Retrofit The earthquake retrofit has been completed. The replacement of the exterior brick mortar and the foundation work has been completed and the steel braces have been installed. The final phase will be completed during the construction of the Old Town Community Theater. Baily's Restaurant Council entered into a Disposition and Development Agreement (DDA) with Chris and Klm Baily on March 25, 2003 to develop a restaurant on the property located at Old Town Front and 2nd Street. The building will consist of casual and patio dining on the first floor with a fine dining restaurant on the second floor. Facade ImprovementJNon-Conforming Si(~n Proc~ram The following facade improvement/sign projects are in process or have recently been completed: · Hitching Post Sign Program · Penfoid Building Sign Program - Completed · Homes Magazine Sign Program · Butterfield Inn - Now Rodeway Inn Sign Program - Completed R:\SY ERS KffvlO NTH LLY~sep2003.doc 2 Old Town Promotions/Marketing · Friday Summer Ni.qhts Friday Hot Summer Nights concluded in Old Town on August 22. The weekend featured two western bands, games for the kids, pony rides, rock wall climbing and Dynamite Dave. Beginning at 6 p.m., the Lost Canyon Rangers took listeners back to the days of Roy Rogers, Gene Autry and Hopalong Cassidy with their old western selection of tunes. A popular band at the Santa Clarita Cowboy Poetry and Western Music Festival, the Rangers are dedicated to preserving the way of the old west through their music. Members Skeeter Mann on guitar, lead vocals and banjo, Rev Lee Poepping on guitar, vocalist Julie Delaney and Buffalo Bryan Marr on bass fiddle blended their love of the west to life with a large repertoire of songs. The Lost Canyon Rangers played at the Country Porch stage at the corner of 3rd and Front Streets. The Older than Dirt Gang performed at Wild Cactus from 6 p.m. to 9 p.m. An eight-piece band of unique instruments and seasoned musicians, Older Than Dirt offers western and bluegrass tunes, with a flare. Some of the more unusual instruments include a "Gut Bucket" and "washboard" in the rhythm section. Also performing were the Grapestompers Square Dance Club from 6:30 p.m. to about 8:30 p.m. in front of Calico Coffee on Front Street. Caller and instructor Jim Johnston led the group. The Grapestompers offer beginners classes at 6:45 p.m. every Monday night at the Temecula Community Recreation Center. During the month of September classes are free and families are welcome. Teens and children need to be accompanied with an adult. For more information call (909) 301-8559 or (909) 677-3211. The Temecula Murrieta Soccer Club hosted a midway of carnival games for the kids including ping-pong ball toss, rubber ducky water shoot and the penny toss. The Fuzzy Elephant offered free face painting. Dynamite Dave will also created his balloon sensations from 6 p.m. to 9 p.m. Beaded jewelry demonstrations could be seen at the Rocky Mountain House one-half block south of Main on Front Street. Sponsored in part by, the Froggy 92.9 FM, The Country Porch, and Temecula Wine and Beer Gardens, Hot Summer Nights has offered families free entertainment for the past seven weeks. Over the next several months, the Agency will also be hosting several special events in Old Town Temecula. These events would include Howl-O-ween in Old Town on October 25 and 26. The weekend will feature a costume contest, pumpkin decorating contest, as well as friendly Trick or Treating with the participating merchants in Old Town. Other activities include Face Painting, Juggling Zombies and Dynamite Dave. In addition, the Agency will be hosting Erie Stanley Gardner Mystery Weekend November 1 and 2 and Christmas in Old Town beginning November 2 through December 21. R:\SYERSK'~vlONTH LLY~sep2003.d oc 3 TEMECULA PUBLIC FINANCING AUTHORITY ITEM 1 TO: FROM: DATE: SUBJECT: APPROVAL CiTY ATTORNEY DIR.OF FINANCE CITY MANAGER CITY OF TEMECULA and TEMECULA COMMUNITY SERVICES DISTRICT and TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT City Council/Board of Directors of the TCSD/Public Financing Authority Governing Board City ManageflExecutive Director October 28, 2003 Formation of Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) RECOMMENDATION: That the City Council hold a public headng regarding the proposed bond financing by the Temecula Public Financing Authority Community Facilities Distdct No. 03-03 01Volf Creek) of vadous public improvements and adopt the resolutions entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING FINDINGS WITH RESPECT TO AND APPROVING THE ISSUANCE OF BONDS BY THE TEMECULA PUBLIC FINANCING AUTHORITY- WOLF CREEK03-03 RESOLUTION NO. 03- A RESOLUTION Of THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING JOINT COMMUNITY FACILITIES AGREEMENTS RELATING TO THE FINANCING OF PUBLIC IMPROVEMENTS AND SERVICES AND IMPLEMENTATION OF ACQUISITION AGREEMENT - WOLF CREEK 2. That the Temecula Community Services Distdct adopt the resolution entitled: RESOLUTION NO. CSD 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT APPROVING JOINT COMMUNITY FACILITIES AGREEMENT RELATING TO THE FINANCING OF PUBLIC IMPROVEMENTS AND SERVICES- WOLF CREEK That the Public Financing Authority hold public hearings regarding the formation of the proposed Temecula Public Financing Authority Community Facilities Distdct No. 03-03 (Wolf Creek) (the "CFD"), the levy of special taxes in the CFD, and the issuance of bonds by the Public Financing Authority for the CFD, and adopt the resolutions entitled: RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF FORMATION OF TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY CALLING SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) That the Public Financing Authority hold an election regarding the CFD, and adopt the resolution entitled: RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FiNANCiNG AUTHORITY DECLARING RESULTS OF SPECIAL ELECTION, AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN AND EXECUTION AND DELIVERY OF AN ACQUISITION AGREEMENT -WOLF CREEK 03-03 5. That the Public Financing Authority have the first reading of the ordinance entitled: ORDINANCE NO. TPFA 03- AN ORDINANCE OF THE TEMECULA PUBLIC FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03- 03 (WOLF CREEK) BACKGROUND: S-P Murdy, LLC, a Califomia limited liability company and Wolf Creek Development, LLC, a California limited liability company (collectively, the "Landowners"), the entities that currently own all of the land in the proposed Wolf Creek development, have submitted petitions requesting that the Authority form a community facilities district (the "CFD") to (i) assist in the funding of various public improvements necessitated by the construction of the Wolf Creek subdivision or otherwise satisfying obligations arising from the development, (ii) provide a means to fund the costs of maintenance services for a drainage channel, and (iii) provide funds to eliminate the assessment liens imposed on property in the Wolf Creek development by the County of Riverside Assessment District No. 159. The CFD will only include land owned by the petitioning Landowners. On July 22, 2003, the Authority adopted two resolutions related to the formation of the CFD (the "Resolutions of Intention"), expressing the intent of the Board of Directors of the Authority to establish the CFD and for the CFD to incur bonded indebtedness to finance public improvements necessitated by development to occur in the CFD and to eliminate the special assessment lien on property in the CFD. The Resolutions of Intention called for public hearings regarding the CFD to occur on August 26, 2003. On August 26, 2003, the public hearings were continued to September 23, 2003. On September 23, 2003, the Authority adopted a resolution making a finding that the CFD was complex, and continued the public hearings to October 28, 2003. The City has published a notice of public headng for October 28, 2003, with respect to yet another, different public hearing that the City Council must hold under applicable State law for the Authority to be able to issue bonds for the CFD. The hearing is to allow the public to provide testimony on the public purposes of the Authority's planned issuance of bonds for the CFD to finance public improvements. In addition to the public hearing that must be held by the City Council pdor to the issuance of bonds for the CFD, State law also requires that the City, the Temecula Community Services District, the Eastern Municipal Water District (the "EMWD") and the Riverside County Flood Control and Water Conservation District (the "RCFCD") enter into joint community facilities agreements with the Authority recognizing that some of the improvements to be financed by the CFD will be owned by the City, the TCSD, EMWD or RCFCD, and that the TCSD or the City will provide the services to be funded by the CFD. Four joint community facilities agreements have been drafted, and Staff recommends that the agreements to which the City or the TCSD are parties be approved by the City Council and the TCSD, respectively, and immediately be executed by the City, the TCSD and the Authority so that the formation of the CFD can proceed. In addition to meeting State statutory requirements, the agreement to be executed by the City provides that the City will assist the Authority in connection with the use of bond proceeds to acquire public improvements. As stated above, the public hearings by the Authority were called pursuant to the resolutions of intention to occur August 26th, The hearings were continued on August 26th to September 23~, and were again continued on September 23rd to October 28th The Board of Directors of the Authority will hold the Authority public hearings concurrently. At the hearings, the testimony of all interested persons or taxpayers for or against the establishment of the CFD, the extent of the CFD, the lien to be eliminated and the facilities and services to be financed by the CFD and the issuance of bonds for the CFD must be heard. Any person interested is authorized to file a protest in writing. As the land proposed to be included in the CFD is all owned by the Landowners, and there are no known registered voters residing in the proposed CFD, only the Landowners have legal standing to formally protest the formation or any particular aspect of the CFD. A report has been filed by the Director of Public Works of the City with the Authority Secretary, as required by the resolutions of intention, indicating the proposed boundaries of the CFD, the facilities and services to be funded by the CFD, the lien to be eliminated by the CFD, and the estimated costs thereof. Following the closing of the public hearings, the Landowners have requested that the Authority take the actions necessary to officially form the CFD, to authorize the levy of special taxes in the CFD and to authorize the incurrence of bonded indebtedness by the CFD. Staff recommends that the Authority adopt resolutions of formation and of necessity to incur bonded indebtedness, and the resolution calling a special election of the landowner in the CFD. Ballots for the election have already been delivered to the Landowners, and are expected to have been returned to the City Clerk, acting as Secretary of the Authority, pdor to October 28th, By law, each landowner is given one vote for each acre of land or portion thereof that it owns within the boundaries of the CFD. As stated above, the only eligible voters are the Landowner, as the owners of all of the land within the boundaries of the CFD, as such boundaries are indicated on the boundary map for the CFD on file with the Authority Secretary. The City Clerk, as Secretary to the Authority, will be requested to canvass the election immediately after adoption of the resolution calling the election. If two thirds or more of the votes cast are in favor of the CFD, the Authority is then requested to adopt a resolution declaring the results of the election, providing for the recording of a notice of special tax lien with the County Recorder and approving an acquisition agreement with one of the landowners with respect to the construction of some of the improvements to be funded by the CFD. The notice provides all future property owners in the Wolf Creek development with knowledge of the existence of the Authority's special taxing powers. The Authority is then requested to have the first reading of an ordinance levying special taxes. The ordinance permits special taxes to be levied only on property located in the CFD. It is expected that special taxes will be levied to pay debt service on bonds proposed to be issued for the CFD, to pay for the annual costs of maintenance services eligible to be funded by the CFD, and to pay for the costs of administering the CFD. Staff expects that a resolution authorizing the issuance of the bonds and approving the related legal documents will be presented to the Authority on or about October 28, 2003 FISCAL IMPACT: The CFD will be authorized to levy special taxes to repay its indebtedness, to pay for the annual costs of maintenance services eligible to be funded by the CFD, and to pay the annual costs of administration of the CFD. The City will in no way be liable for the repayment of any bonds issued by the Authority for the CFD or any other costs of administrating the CFD. The CFD will only be authorized to levy the special taxes on land included within the boundaries of the CFD. ATTACHMENTS: Resolutions (7) Ordinance Community Facilities District Report Joint Community Facilities Agreements (4) Notice of Special Tax Lien Acquisition Agreement RESOLUTION NO. 03-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING FINDINGS WITH RESPECT TO AND APPROVING THE ISSUANCE OF BONDS BY THE TEMECULA PUBLIC FINANCING AUTHORITY - WOLF CREEK 03-03 WHEREAS, the City of Temecula (the "City") and the Redevelopment Agency of the City of Temecula have heretofore entered into a Joint Exercise of Powers Agreement establishing the Temecula Public Financing Authority (the "Authority") for the purpose, among others, of issuing its bonds to finance public capital improvements; and WHEREAS, the Board of Directors of the Authority intends to form the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) (the "CFD"), and to issue bonds of the Authority for the CFD (the "Bonds") to finance various public improvements within the City of Temecula (the "Improvements") and the elimination of a fixed special assessment lien on property in the CFD (the "Prior Lien"); and WHEREAS, the City Council has on this date held a duly noticed public hearing on the financing of the Improvements and the elimination of the Prior Lien with the proceeds of the Bonds, as required by Section 6586.5(a) of the California Government Code; and WHEREAS, the City Council now desires to make a finding of significant public benefit, pursuant to Section 6586.5(a)(2) of the California Government Code, and to approve of the financing of the Improvements and the elimination of the Prior Lien with the proceeds of the Bonds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. Findinqs and Determinations. The City Council hereby finds that significant public benefits will arise from the financing of the Improvements and the elimination of the Prior Lien with the proceeds of the Bonds, in accordance with Section 6586 of the California Government Code. Section 2. Approval of FinancinR. The City Council hereby approves the financing of the Improvements and the elimination of the Prior Lien with the proceeds of the Bonds, and the issuance of the Bonds by the Authority for the CFD. Section 3. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. R:/Resos2003/Resos 03-__ 1 PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting of the City Council held on the 28th day of October, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 03-__ was duly adopted at a regular meeting of the City Council of the City of Temecula on the 28th day of October, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2003/Resos 03-__ 2 RESOLUTION NO. 03-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING JOINT COMMUNITY FACILITIES AGREEMENTS RELATING TO THE FINANCING OF PUBLIC IMPROVEMENTS AND SERVICES AND IMPLEMENTATION OF ACQUISITION AGREEMENT - WOLF CREEK WHEREAS, the Board of Directors of the Temecula Public Financing Authority (the "Authority") is undertaking proceedings to form the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), and the Authority intends to issue bonds of the Authority for the CFD (the "Bonds") in order to finance costs of public improvements (the "Improvements") to be constructed within the City of Temecula (the "City") and the elimination of a prior fixed assessment lien, as described in the proceedings to form the CFD; and WHEREAS, the CFD is also expected to be authorized to fund certain maintenance services (the "Services") described in the proceedings to form the CFD; and WHEREAS, in order to enable the CFD to finance the Improvements and the Services, Section 53316.2 of the California Government Code requires that the City and the Authority enter into a joint community facilities agreement prior to the formation of the CFD with respect to the portion of the Improvements to be owned or operated, and with respect to any of the Services to be provided, by the City for the CFD; and WHEREAS, a form of joint community facilities agreement - City, by and between the City and the Authority relating to the Improvements to be owned or operated by the City, and with respect to the Services that may be provided by the City for the CFD (the "Joint Community Facilities Agreement - City") has been filed with the City Clerk; and WHEREAS, a form of joint community facilities agreement, by and among the City, the Authority, Wolf Creek Development, LLC and the Riverside County Flood Control and Water Conservation District relating to certain flood control facilities to be funded by the CFD (the "Joint Community Facilities Agreement - Flood Control" and, together with the Joint Community Facilities Agreement - City, the "Joint Community Facilities Agreement") has been filed with the City Clerk; and WHEREAS, the City Council, with the assistance of City staff, has reviewed the Joint Community Facilities Agreements, and the City Council now desires to approve the Joint Community Facilities Agreements and direct their execution and delivery; and WHEREAS, the Authority expects to enter into an Acquisition Agreement (the "Acquisition Agreement") with Wolf Creek Development, LLC (the "Developer"), whereby the Developer will construct some of the Improvements to be acquired with the proceeds of the Bonds; and WHEREAS, the implementation of the Acquisition Agreement will involve actions by the Director of Public Works of the City and certain other City officials, and the City Council now R:/Resos 2003/Resos 03-__ 1 desires to authorize City officials to assist in the implementation of the Acquisition Agreement the current form of which has been reviewed by and is on file with the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. Approval of Joint Community Facilities Aqreements. The City Council hereby approves the Joint Community Facilities Agreements in the respective forms on file with the City Clerk, and hereby authorizes and directs the Mayor to execute and deliver, and the City Clerk to attest, the Joint Community Facilities Agreements in such forms together with any changes therein deemed advisable by the City Manager upon consultation with the City Attorney, the approval of such changes to be conclusively evidenced by the execution and delivery by the Mayor of the Joint Community Facilities Agreements. The City Council hereby declares that the Joint Community Facilities Agreements will be beneficial to the residents residing within the boundaries of the City. Section 2. Approval of Assistance Under Acquisition A.qreement. The City Council hereby authorizes the Director of Public Works and all other appropriate officials of the City to assist the Authority in the implementation of the Acquisition Agreement, and to perform those functions described in the Acquisition Agreement as to be performed by officials of the City. Section 3. Official Actions. The Mayor, City Manager, Director of Finance, the Director of Public Works and City Clerk, and all other officers of the City, are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder to implement the Joint Community Facilities Agreements and the Acquisition Agreement, including but not limited to the execution and delivery of any and all agreements, certificates, documents and other instruments which they, or any of them, deem necessary or desirable and not inconsistent with the purposes of this Resolution, the Joint Community Facilities Agreements and the Acquisition Agreement. Section 4. Effectiveness. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 28th day of October, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:/Resos 2003/Resos 03-~ 2 STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 03- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 28th ~"~y of October, 2003, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNClLMEMBERS: COUNClLMEMBERS: COUNClLMEMBERS: COUNClLMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2003/Resos 03-~ 3 RESOLUTION NO. CSD 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT APPROVING JOINT COMMUNITY FACILITIES AGREEMENT RELATING TO THE FINANCING OF PUBLIC IMPROVEMENTS AND SERVICES - WOLF CREEK WHEREAS, the Board of Directors of the Temecula Public Financing Authority (the "Authority") is undertaking proceedings to form the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), and the Authority intends to issue bonds of the Authority for the CFD (the "Bonds") in order to finance costs of public improvements (the "Improvements") to be constructed within the City of Temecula (the "City") and the elimination of a prior fixed assessment lien, as described in the proceedings to form the CFD; and WHEREAS, the CFD is also expected to be authorized to fund certain maintenance services (the "Services") described in the proceedings to form the CFD; and WHEREAS, in order to enable the CFD to finance the Improvements and the Services, Section 53316.2 of the California Government Code requires that the Temecula Community Services District "(the TCSD") and the Authority enter into a joint community facilities agreement prior to the formation of the CFD with respect to the portion of the Improvements to be owned or operated, and with respect to the Services to be provided, by the TCSD for the CFD; and WHEREAS, a form of joint community facilities agreement - TCSD, by and between the TCSD and the Authority relating to the Improvements to be owned or operated by the TCSD, and with respect to the Services to be provided by the TCSD for the CFD (the "Joint Community Facilities Agreement") has been filed with the Secretary; and WHEREAS, the Board of Directors, with the assistance of City staff, has reviewed the Joint Community Facilities Agreement, and the Board of Directors now desires to approve the Joint Community Facilities Agreement and direct its execution and delivery. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Community Services District as follows: Section 1. Approval of Joint Community Facilities Agreement. The Board of Directors hereby approves the Joint Community Facilities Agreement in the form on file with the Secretary, and hereby authorizes and directs the President or the Executive Director, each acting alone, to execute and deliver the Joint Community Facilities Agreement in such form together with any changes therein deemed advisable by the Executive Director upon consultation with the City Attorney, the approval of such changes to be conclusively evidenced by the execution and delivery by the TCSD of the Joint Community Facilities Agreement. The Board of Directors hereby declares that the Joint Community Facilities Agreement will be beneficial to the residents residing within the boundaries of the TCSD. Section 2. Official Actions. The President, the Executive Director and the Secretary, and all other officers of the TCSD, are hereby authorized and directed to take all actions and do R:/CSD Resos 2003/CSD 03-~ I all things necessary or desirable hereunder to implement the Joint Community Facilities Agreement, including but not limited to the execution and delivery of any and all agreements, certificates, documents and other instruments which they, or any of them, deem necessary or desirable and not inconsistent with the purposes of this Resolution and the Joint Community Facilities Agreement. Section 3. Effectiveness. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Community Services District at a meeting held on the 28th day of October, 2003. ATTEST: Jeff Comerchero, President Susan W. Jones, CMC Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Community Services District, HEREBY DO CERTIFY that the foregoing Resolution No. CSD 03-__ was duly adopted at a meeting of the Board of Directors of the Temecula Community Services District on the 28th day of October, 2003, by the following roll call vote: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: ABSTAIN: DIRECTORS: Susan W. Jones, CMC Secretary R:/CSD Resos 2003/CSD 03-__ 2 RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF FORMATION OF TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITrlNG LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT WHEREAS, on July 22, 2003, this Board of Directors adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein - Wolf Creek 03-03" (the "Resolution of Intention") stating its intention to form the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, California Government Code Section 53311 et seq. (the "Law"); and WHEREAS, the Resolution of Intention, incorporating by reference a map of the proposed boundaries of the District and describing the public improvements eligible to be financed by the District (the "Facilities"), the maintenance services eligible to be funded by the District (the "Services") and the fixed special assessment lien to be eliminated by the District (the "Prior Lien"), the cost of financing the costs of the Facilities, of providing the annual Services and of eliminating the Prior Lien, and the rate and method of apportionment of the special tax to be levied within the District to pay the cost of financing the costs of the Facilities, of providing the annual Services and of eliminating the Prior Lien, and to pay the principal and interest on bonds proposed to be issued with respect to the District, is on file with the Secretary and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and WHEREAS, the Resolution of Intention called for a public hearing on the District to be held on August 26, 2003 and on such date this Board of Directors opened the public hearing and continued the public hearing to September 23, 2003; and WHEREAS, on September 23, 2003. this Board of Directors adopted a Resolution making findings with respect to the complexity of the proposed District, and continued the public hearings from September 23, 2003 to October 28, 2003; and WHEREAS, on this date, this Board of Directors held the continued public hearing as required by the Law and the Resolution of Intention relative to the proposed formation of the District; and WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to the formation of the District, the Facilities and Services eligible to be funded by the District, the Prior Lien eligible to be eliminated by the District, and the levy of the special tax were heard and a full and fair hearing was held; and R:/TpFA Resos 2003/'rPFA 03-__ 1 WHEREAS, at the hearing evidence was presented to this Board of Directors on the matters before it, including a report by the Director of Public Works of the City of Temecula (the "Report") as to the Facilities and Services eligible to be funded by the District, the Prior Lien eligible to be eliminated by the District, and the costs thereof, a copy of which is on file with the Secretary, and this Board of Directors at the conclusion of the hearing was fully advised regarding the District; and WHEREAS, written protests with respect to the formation of the District and/or the furnishing of specified types of Facilities or Services or other specific purposes of the District as described in the Report have not been filed with the Secretary by fifty percent (50%) or more of the registered voters residing within the territory of the District or property owners of one-half (1/2) or more of the area of land within the District and not exempt from the special tax; and WHEREAS, the special tax proposed to be levied in the District to pay for a portion of the costs of the Facilities and to pay for the costs of the annual Services and of the elimination of the Prior Lien, as set forth in Exhibit B to the Resolution of Intention, has not been eliminated by pretest by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one-half (1/2) or more of the area of land within the District and not exempt from the special tax. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. The foregoing recitals are true and correct. Section 2. The proposed special tax to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Law. On April 10, 2001, this Board of Directors adopted a resolution approving Local Goals and Policies for Community Facilities Districts, and this Board of Directors hereby finds and determines that the District is in conformity with said goals and policies. Section 3. All prior proceedings taken by this Board of Directors in connection with the establishment of the District and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the Law. Section 4. The community facilities district designated "Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek)" is hereby established pursuant to the Law. Section 5. The boundaries of the District, as described in the Resolution of Intention and set forth in the boundary map of the District recorded on August 4, 2003 in the Riverside County Recorder's Office at Book 53 of Maps of Assessment and Community Facilities Districts at Page 59 (instrument no. 2003-589025), are hereby approved, are incorporated herein by this reference and shall be the boundaries of the District. Section 6. The type of facilities and services eligible to be funded by the District pursuant to the Law, and the fixed special assessment lien eligible to be eliminated by the District pursuant to the Law, are as described in Exhibit A to the Resolution of Intention which Exhibit is by this reference incorporated herein. This Board of Directors hereby finds that the Facilities are necessary to meet increased demands placed upon local agencies as the result of R:/TPFA Resos 2003/TPFA 03-~ 2 development occurring in the District, and that the Services will be in addition to any services currently provided within the area of the District. The execution and delivery by the Executive Director or the Chairperson, as applicable, of (a) a Joint Community Facilities Agreement between the Authority and the City of Temecula (the "City"), (b) a Joint Community Facilities Agreement between the Authority and the Temecula Community Services District, (c) a Joint Community Facilities District - EMWD among the Authority, the Eastern Municipal Water District and Wolf Creek Development, LLC, and (d) a Joint Community Facilities Agreement among the Authority, the City, Wolf Creek Development, LLC and the Riverside County Flood Control and Water Conservation District, in the respective forms on file with the Secretary, are hereby ratified. This Board of Directors hereby declares that said Joint Community Facilities Agreements will be beneficial to residents in the area of the District. Section 7. Except to the extent that funds are otherwise available to the District to pay for the Facilities, the Services, and the elimination of the Prior Lien and/or to pay the principal and interest as it becomes due on bonds of the District issued to finance the Facilities, the Services and the elimination of the Prior Lien, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied within the District and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, are described in Exhibit B to the Resolution of Intention which Exhibit is by this reference incorporated herein. This Board of Directors hereby finds that the basis for the levy and apportionment of the special tax, as set forth in the Rate and Method, is reasonable. Section 8. The Treasurer of the Temecula Public Financing Authority, 43200 Business Park Drive, Temecula, CA 92590, telephone number (909) 694-6430, is the officer of the Authority that will be responsible for preparing annually and whenever otherwise necessary a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Law. Section 9. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the Authority ceases. Section 10. In accordance with Section 53325.7 of the California Government Code, the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, of the District is hereby preliminarily established at $33,000,000 and said appropriations limit shall be submitted to the voters of the Distdct as provided below. The proposition establishing the appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of Section 53325.7 of the Law. Section 11. Pursuant to the provisions of the Law, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the District at an election, the time, place and R:/TPFA Resos 2003/TPFA 0~ 3 conditions of which election shall be as specified by a separate resolution of this Board of Directors. Section 12. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 28th day of October, 2003. ATTEST: Jeffrey E. Stone, Chairperson Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 03- was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 28th day of October, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: BOARDMEMBERS: BOARDMEMBERS: BOARDMEMBERS: BOARDMEMBERS: Susan W. Jones, CMC City Clerk/Authority Secretary R:,"rPFA Resos 2003/TPFA 03-__ 4 RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) AND SUBMI'I-rlNG PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT WHEREAS, on July 22, 2003, this Board of Directors adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein - Wolf Creek 03-03~ (the "Resolution of Intention") stating its intention to form the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) (the "District"), pursuant to the Mello-Roos Community Facilities Act of 1982, California Government Code Section 53311 et seq. (the "Law"), to fund a portion of the costs of certain public improvements (the "Facilities") and certain maintenance services (the ~Services'), and the cost to eliminate a fixed special assessment lien (the "Prior Lien"), secured by a special tax lien on parcels in the District, as described therein; and WHEREAS, on July 22, 2003, this Board of Directors also adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Incur Bonded Indebtedness of the Proposed Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek)" (the "Resolution of Intention to Incur Indebtedness") stating its intention to incur bonded indebtedness within the boundaries of the District for the purpose of financing the costs of the Facilities and the elimination of the Prior Lien; and WHEREAS, the Resolution of Intention and the Resolution of Intention to Incur Indebtedness called for public hearings on the District to be held on August 26, 2003 and on such date this Board of Directors opened the public hearings and continued the public hearings to September 23, 2003; and WHEREAS, on September 23, 2003, this Board of Directors adopted a Resolution making findings with respect to the complexity of the proposed District, and continued the public hearings from September 23, 2003 to October 28, 2003; and WHEREAS, on this date, this Board of Directors held the continued public hearing as required by the Law and the Resolution of Intention relative to the determination to proceed with the formation of the District, the provision by the District of funds to pay a portion of the costs of the Facilities, the Services and the elimination of the Prior Lien, and the rate and method of apportionment of the special tax to be levied within the District to pay the principal and interest on the proposed indebtedness, the costs of the Services and the administrative costs of the Authority and the City of Temecula relative to the District; and WHEREAS, at the hearing all persons desiring to be heard on all matters pertaining to the formation of the District, the provision of funds to pay a portion of the costs of the Facilities, of the Services and of the elimination of the Prior Lien, and the levy of the special tax on property within the District, were heard and a full and fair hearing was held; and R:,'TPFA Resos 2003/TPFA 03-__ 1 WHEREAS, subsequent to the hearing, this Board of Directors adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority of Formation Of Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek), Authorizing The Levy Of A Special Tax Within The District, Preliminarily Establishing An Appropriations Limit For The District And Submitting Levy Of The Special Tax and the Establishment of the Appropriations Limit To The Qualified Electors Of The District" (the "Resolution of Formation"); and WHEREAS, on this date, this Board of Directom held the public hearing as required by the Law relative to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness; and WHEREAS, no written protests with respect to the matters material to the questions set forth in the Resolution of Intention to incur Indebtedness have been filed with the Secretary. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. The foregoing recitals are true and correct. Section 2. This Board of Directors deems it necessary to incur bonded indebtedness in the maximum aggregate principal amount of $33,000,000 within the boundaries of the District. Section 3. The indebtedness is incurred for the purpose of financing the costs of the Facilities and the costs of eliminating the Prior Lien, as provided in the Resolution of Formation including, but not limited to, the costs of issuing and selling bonds to finance costs of the Facilities, the costs of eliminating the Prior Lien and the initial costs of the Authority and the City of Temecula in administering the District. Section 4. The whole of the District shall pay for the bonded indebtedness through the levy of the special tax. The special tax is to be apportioned in accordance with the Rate and Method set forth in Exhibit B to the Resolution of Intention. Section 5. The maximum amount of bonded indebtedness to be incurred is $33,000,000 and the maximum term of the bonds to be issued shall in no event exceed forty (40) years. Section 6. The bonds shall bear interest at a rate or rates not to exceed the maximum interest rate permitted by applicable law at the time of sale of the bonds, payable weekly, semiannually or in such other manner as this Board of Directors or its designee shall determine, the actual rate or rates and times of payment of such interest to be determined by this Board of Directors or its designee at the time or times of sale of the bonds. Section 7. The proposition of incurring the bonded indebtedness herein authorized shall be submitted to the qualified electors of the District and shall be consolidated with elections on the proposition of levying special taxes within the District and the establishment of an appropriations limit for the District pursuant to Section 53353.5(a) of the Law. The time, place and conditions of said election shall be as specified by separate resolution of this Board of Directors. Section 8. This Resolution shall take effect upon its adoption. R:/TPFA Resos 2003/TPFA 03-__ 2 PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 28th day of October, 2003. ATTEST: Jeffrey E. Stone, Chairperson Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 03- was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 28th day of October, 2003, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: Susan W. Jones, CMC City Clerk/Authority Secretary R:/TPFA Resos 2003/TPFA 03-__ 3 RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY CALLING SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) WHEREAS, on this date, this Board of Directors adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority of Formation of Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District" (the "Resolution of Formation"), ordering the formation of the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) (the "District"), authorizing the levy of a special tax on property within the District and preliminarily establishing an appropriations limit for the District; WHEREAS, on this date, this Board of Directors also adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Determining the Necessity to Incur Bonded Indebtedness Within Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) and Submitting Proposition to the Qualified Electors of the District" (the "Resolution to Incur Indebtedness"), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $33,000,000 upon the security of the special tax to be levied within the District; and WHEREAS, pursuant to the provisions of said resolutions, the propositions of the levy of said special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness is to be submitted to the qualified electors of the District as required by the Mello- Roos Community Facilities Act of 1982, California Government Code Section 53311 et seq. (the "Law"). NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. Pursuant to Sections 53325.7, 53326 and 53351 of the Law, the issues of the levy of said special tax, the incurring of bonded indebtedness and the establishment of said appropriations limit shall be submitted to the qualified electors of the District at an election called therefor as provided below. Section 2. As authorized by Section 53353.5 of the Law, the three propositions described in paragraph 1 above shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit A and by this reference incorporated herein. The form of ballot is hereby approved. Section 3. This Board of Directors hereby finds that fewer than 12 persons have been registered to vote within the territory of the District for each of the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded by this Board of Directors for the purposes of these proceedings. Accordingly, and pursuant to Section 53326(b) of the Law, this Board of Directors finds that for purposes of these proceedings the qualified electors R:/'rPFA Resos 2003/TPFA 03-__ I are the landowners within the District and that the vote shall be by said landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the District as of the close of the public hearings. Section 4. This Board of Directors hereby calls a special election to consider the measure described in Section 2 above, which election shall be held immediately following adoption of this Resolution in the meeting place of the Board of Directors of the Temecula Public Financing Authority. The Secretary is hereby designated as the official to conduct said election. It is hereby acknowledged that the Secretary has on file the Resolution of Formation, a map of the proposed boundaries of the District, and a sufficient description to allow the Secretary to determine the boundaries of the District. The voted ballots shall be returned to the Secretary no later than immediately following the adoption of this Resolution; and when all of the qualified voters have voted, the election shall be closed. Section 5. Pursuant to Section 53327 of the Law, the election shall be conducted by mail or hand delivered ballot pursuant to the California Elections Code. This Board of Directors hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of Section 4000 of the California Elections Code are applicable to this special election. Section 6. This Board of Directors acknowledges that the Secretary has caused to be delivered to the qualified electors of the District ballots in the form set forth in Exhibit A hereto. Each ballot indicated the number of votes to be voted by the respective landowner. Each ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. An envelope to be used to return the respective ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and address of the applicable landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the Secretary. Analysis and arguments with respect to the ballot measures were waived by the landowners in their petitions to form the District as well as in their voted ballots, as permitted by Section 53327(b) of the Law. Section 7. The Secretary shall accept the ballots of the qualified electors upon and prior to the adoption of this Resolution, whether the ballots be personally delivered or received by mail. The Secretary shall have available ballots which may be marked in the Board of Directors meeting room on the election day by the qualified electors. Section 8. This Board of Directors hereby further finds that the provision of the Law requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before said special election is for the protection of the qualified electors of the District. The petitions previously submitted by the only two landowners in the District and the voted ballots of the only two qualified electors of the District each contain an acknowledgment of a waiver of any time limit pertaining to the conduct of the election and of a waiver of any requirement for analysis and arguments in connection with the election. Accordingly, this Board of Directors finds and determines that the qualified electors have been fully apprised of and have agreed to R:/TPFA Resos 2003/'rPFA 0~ 2 the shortened time for the election and waiver of analysis and arguments, and have thereby been fully protected in these proceedings. This Board of Directors also finds and determines that the Secretary has concurred in the shortened time for the election. Section 9. Pursuant to the Local Agency Special Tax and Bond Accountability Act, Sections 50075.1 et. seq. and Sections 53410 et. seq. of the California Government Code, (a) the ballot measure referred to in Sections 2 and 4 above contains a statement indicating the specific purposes of the special tax, the proceeds of the special tax will be applied only to the purposes specified in the ballot measure, there shall be created by the Treasurer an account into which proceeds of the special tax levies will be deposited, and the Treasurer is hereby directed to provide an annual report to this Board of Directors as required by Section 50075.3 of the California Government Code; and (b) the ballot measure contains a statement indicating the specific purposes of the bonds, the proceeds of the bonds will be applied only to the purposes specified in the ballot measure, there shall be created by the Treasurer an account into which the proceeds of the bonds will be deposited, and the Treasurer is hereby directed to provide an annual report to this Board of Directors as required by Section 53411 of the California Government Code. Section 10. The Secretary is hereby directed to cause to be published in a newspaper of general circulation circulating within the District a copy of this Resolution and a copy of the Resolution to Incur Indebtedness, as soon as practicable after the date of adoption of this Resolution. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 28th day of October, 2003. ATTEST: Jeffrey E. Stone, Chairperson Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] R:/TPFA Resos 2003/'rPFA 03-__ 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 03- was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 28th day of October, 2003, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: Susan W. Jones, CMC City Clerk/Authority Secretary R:/TPFA Resos 2003/'rPFA 03-~ 4 EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) OFFICIAL BALLOT Special Tax and Bond Election (October 28, 2003) This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the Secretary of the Temecula Public Financing Authority no later than immediately after adoption of the resolution of the Board of Directors calling said election, either by mail or in person. To vote, mark a cross (X) on the voting line after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the Secretary of the Temecula Public Financing Authority and obtain another. BALLOT MEASURE: Shall the Temecula Public Financing Authority (the "Authority") incur an indebtedness and issue bonds in one or more series in the maximum aggregate principal amount of $33,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) (the "District"), the proceeds of which will be used only to finance the costs of certain public improvements and of eliminating a fixed special assessment lien as specified in the Resolution of Formation of the District and the costs of issuing the bonds, initially administering the bonds and the District as well as the establishment of appropriate bond reserves; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to be applied only to the payment of the principal and interest upon such bonds to be issued and to replenish the reserves for the bonds, to pay the costs of the services authorized to be funded by the District, and to pay the costs of the Authority and the City of Temecula in administering the District, and shall the annual appropriations limit of the District be established in the amount of $33,000,000? Yes: No: By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code. Number of Votes: Property Owner: A-1 RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING RESULTS OF SPECIAL ELECTION, AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN AND EXECUTION AND DELIVERY OF AN ACQUISITION AGREEMENT - WOLF CREEK 03-03 WHEREAS, in proceedings heretofore conducted by this Board of Directors pursuant to the Mello-Roos Community Facilities Act of 1982, Section 53311 et seq. of the California Government Code (the "Law"), this Board of Directors on this date adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Calling Special Election Within Community Facilities District No. 03-03 (Wolf Creek)", calling for a special election of the qualified electors within the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) (the "District"); and WHEREAS, pursuant to the terms of said resolution, which are by this reference incorporated herein, the special election was held on this date, and the Secretary has on file a Canvass and Statement of Results of Election, a copy of which is attached hereto as Exhibit A; and and WHEREAS, this Board of Directors has reviewed the canvass and hereby approves it; WHEREAS, there has been presented to this Board of Directors a proposed acquisition agreement to be executed by the Authority and one of the landowners in the District, and this Board of Directors now desires to approve the acquisition agreement and to authorize its execution and delivery. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. The issues presented at the special election were the incurring of a bonded indebtedness in the maximum aggregate principal amount of $33,000,000, the levy of a special tax within the District to be levied in accordance with the rate and method of apportionment of special taxes heretofore approved by this Board of Directors by its resolution adopted this date entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority of Formation of Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek), Authorizing Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District", and the approval of an appropriations limit of not to exceed $33,000,000 pursuant to said resolution. Section 2. Pursuant to the canvass of the special election on file with the Secretary, the issues presented at the special election were approved by the sole qualified elector of the District by its votes cast at the special election. R:FFPFA Resos 2003/TPFA 03__ 1 Section 3. Pursuant to the voter approval, the District is hereby declared to be fully formed with the authority to incur bonded indebtedness and to levy special taxes as heretofore provided in these proceedings and in the Law. Section 4. It is hereby found that all prior proceedings and actions taken by this Board of Directors with respect to the District were valid and in conformity with the Law. Section 5. The Secretary is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of Riverside a notice of special tax lien in the form required by the Law, said recording to occur no later than fifteen days following adoption by the Board of Directors of this Resolution. Section 6. The Acquisition Agreement relating to the acquisition of certain of the facilities to be financed by the District and specified therein from Wolf Creek Development, LLC (the "Acquisition Agreement"), in the form presented to the Board of Directors at this meeting, is hereby approved. The Executive Director is hereby authorized and directed to execute and deliver the Acquisition Agreement in said form, with such additions thereto or changes therein as are approved by the Executive Director upon consultation with the Authority Counsel and Bond Counsel, the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Acquisition Agreement by the Executive Director. Section 7. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 28th day of October, 2003. ATTEST: Jeffrey E. Stone, Chairperson Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] R:/'rPFA Resos 2003fTPFA 03-~ 2 STATE OF CALIFORNIA ) COUNTY Of RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 03- was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 28th day of October, 2003, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: Susan W. Jones, CMC City Cler~Authority Secretary R:/TPFA Resos 2003rrPFA 03-~ 3 EXHIBIT A CANVASS AND STATEMENT OF RESULT OF ELECTION TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) I hereby certify that on October 28, 2003, I canvassed the returns of the special election held on October 28, 2003, in the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) and the total number of ballots cast in said District and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct: Qualified Landowner Votes Votes Cast YES NO Temecula Public Financing Authority Community Facilities District No. 03- 03 (Wolf Creek) Special Tax and Bond Election October 28, 2003. BALLOT MEASURE: Shall the Temecula Public Financing Authority (the "Authority") incur an indebtedness and issue bonds in one or more series in the maximum aggregate principal amount of $33,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) (the "District"), the proceeds of which will be used only to finance the costs of certain public improvements and of eliminating a fixed special assessment lien as specified in the Resolution of Formation of the District and the costs of issuing the bonds, initially administering the bonds and the District as well as the establishment of appropriate bond reserves; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to be applied only to the payment of the principal and interest upon such bonds to be issued and to replenish the reserves for the bonds, to pay the costs of the services authorized to be funded by the District, and to pay the costs of the Authority and the City of Temecula in administering the District, and shall the annual appropriations limit of the District be established in the amount of $33,000,000? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 28th day of October, 2003. By: Secretary, Temecula Public Financing Authority A-I ORDINANCE NO. TPFA- AN ORDINANCE OF THE TEMECULA PUBLIC FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) WHEREAS, on October 28, 2003, this Board of Directors of the Temecula Public Financing Authority (the "Authority") adopted a resolution entitled '% Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein - Wolf Creek" (the "Resolution of Intention"), stating its intention to establish the Temecula Public Financing Authority Community Facilities District No. 01-3 (Wolf Creek) pursuant to the Mello-Roos Community Facilities Act of 1982, Section 53311 et seq. of the California Government Code (the "Law"), to finance costs of certain public improvements (the "Facilities"), to finance the costs to eliminate a fixed special assessment lien (the "Prior Lien"), and to fund certain annual maintenance services (the "Services"); WHEREAS, notice was published as required by the Law of the public hearing called pursuant to the Resolution of Intention relative to the intention of this Board of Directors to form the District and to provide for the costs of the Facilities, the costs to eliminate the Prior Lien and to fund the annual costs of the Services; WHEREAS, on October 28, 2003 this Board of Directors held the public hearing as required by Law relative to the determination to proceed with the formation of the District and the Rate and Method; WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of special taxes in the District were heard, substantial evidence was presented and considered by this Board of Directors and a full and fair hearing was held; WHEREAS, subsequent to said hearing, this Board of Directors adopted resolutions entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority of Formation of Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District" (the "Resolution of Formation"), "A Resolution of the Board of Directors of the Temecula Public Financing Authority Determining the Necessity to Incur Bonded Indebtedness Within Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) and Submitting Preposition to the Qualified Electors of the District" (the "Resolution of Necessity") and "A Resolution of the Board of Directors of the Temecula Public Financing Authority Calling Special Election Within Community Facilities District No. 03-03 (Wolf Creek)", which resolutions established the District, authorized the levy of a special tax with the District, and called an election within the District on the preposition of incurring indebtedness, levying a special tax and establishing an appropriations limit within the District, respectively; and WHEREAS, on October 28, 2003 an election was held within the District in which the then two eligible landowner electors approved said propositions. R:?rPFA Ords 2003/TPFA 03-~ I NOW, THEREFORE, the Board of Directors of the Temecula Public Financing Authority ordains as follows: Section 1. By the passage of this Ordinance this Board of Directors hereby authorizes and levies special taxes within the District, pursuant to the Law, at the rate and in accordance with the rate and method of apportionment of special taxes for the District approved by the Resolution of Formation (the "Rate and Method") which Resolution is by this reference incorporated herein. The special taxes are hereby levied commencing in the current fiscal year and in each fiscal year thereafter until (a) payment in full of any bonds issued by the Authority for the District (the "Bonds") as contemplated by the Resolution of Formation and the Resolution of Necessity, payment in full of the annual Services costs for a period not to exceed 50 fiscal years as contemplated by the Resolution of Formation, and payment in full all costs of administering the District. Section 2. The Authority Treasurer is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for each parcel of real property within the District, in the manner and as provided in the Resolution of Formation. Section 3. Properties or entities of the State, federal or local governments shall be exempt from any levy of the special taxes, to the extent set forth in the Rate and Method attached as Exhibit B to the Resolution of Intention. In no event shall the special taxes be levied on any parcel within the District in excess of the maximum tax specified in the Rate and Method. Section 4. All of the collections of the special tax shall be used as provided for in the Law and in the Resolution of Formation including the payment of principal and interest on the Bonds, the replenishment of the reserves for the Bonds, the payment of the costs of the Authority and the City of ']'emecula in administering the District, the payment of the costs of providing the Services, and the costs of collecting and administering the special tax. Section 5. The special taxes shall be collected from time to time as necessary to meet the financial obligations of the District on the secured real property tax roll in the same manner as ordinary ad valorem taxes are collected. The special taxes shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. In addition, the provisions of Section 53356.1 of the California Government Code shall apply to delinquent special tax payments. The Treasurer is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at the times necessary to satisfy the financial obligations of the District in each fiscal year until the Bonds are paid in full and provision has been made for payment of all of the administrative costs of the District. Notwithstanding the foregoing, the Treasurer may collect one or more installments of the special taxes on any one or more parcels in the District by means of direct billing by the Authority of the property owners within the District, if any of the Bonds bear interest at a variable interest rate, or otherwise if, in the judgment of the Treasurer, such means of collection will reduce the administrative burden on the Authority in administering the District or is otherwise appropriate in the circumstances. In such event, the special taxes shall become delinquent if not paid when due as set forth in any such respective billing to the applicable property owners. R:/TPFA Ords 2003/'rPFA 03-~ 2 Section 6. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, by a Court of competent jurisdiction, the balance of this Ordinance, and the application of the special tax to the remaining parcels within the District shall not be affected. INTRODUCED, and the first reading occurred on October 28, 2003; and PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 18th day November, 2003. ATTEST: Jeffrey E. Stone, Chairperson Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Ordinance No. TPFA 03-__ was duly introduced and placed upon its first reading at a regular meeting of the Temecula Public Financing Authority on the 28th day of October, 2003, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the Board of Directors of the Temecula Public Financing Authority on the 18th day of November, 2003, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: Susan W. Jones, CMC City Clerk/Authority Secretary R:/TPFA Ords 2003/TPFA 03-__ 3 Quint& ThimmJg LLP 4/8/03 8/12/o3 10/22/03 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) COMMUNITY FACILITIES DISTRICT REPORT CONTENTS Introduction A. Description of Facilities, Services and Prior Lien B. Proposed Boundaries of the Community Facilities District C. Cost Estimate Exhibit A - Description of the Proposed Facilities, Services and Prior Lien Exhibit B - Cost Estimate 20009.02:J6734 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) INTRODUCTION. The Board of Directors (the "Board of Directors") of the Temecula Public Financing Authority (the "Authority") did, pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (the "Law"), on July 22, 2003, adopt a resolution entitled, "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein - Wolf Creek 03-03' (the "Resolution of Intention"). In the Resolution of Intention, the Board of Directors expressly ordered the preparation of a written Community Facilities District Report (the "Report"), for the proposed Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) (the "District"). The Resolution of Intention ordering the Report did direct that the Report generally contaIn the following: 1. A brief description of the facilities and services to be funded by the District, and of the fixed special assessment lien to be eliminated by the District; and 2. An estimate of the fair and reasonable cost of providing the facilities and the services, and of eliminating the fixed special assessment lien, including the incidental expenses in connection therewith, including the costs of the proposed bond financing, any Authority or City of Temecula administrative costs and all other related costs. For particulars, reference is made to the Resolution of Intention for the District, as previously adopted by the Board of Directors. NOW, THEREFORE, I, the Director of Public Works of the City of Temecula, do hereby submit the following data: A. DESCRIPTION OF FACILITIES, SERVICES AND PRIOR LIEN. A general description of the facilities and services that the Authority has determined to be eligible to be funded by the District, and of the fixed special assessment lien to be eliminated by the District, are as shown in Exhibit "A" attached hereto and hereby made a part hereof. B. PROPOSED BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT. The proposed boundaries of the District are those properties and parcels in which special taxes may be levied to pay for the costs and expenses of the facilities and of the services. The proposed boundaries of the District are described in the map of the District recorded on August 4, 2003, in Book 53 on Page 59 of Maps of Assessment and Community Facilities Districts In the office of the County Recorder for the County of Riverside (instrument no. 2003-589025), a copy of which map is on file with the Secretary. -2- C. COST ESTIMATE. The cost estimate for the financing of the facilities and the defeasance of the bonds is set forth in Exhibit "B" attached hereto and hereby made a part hereof. Dated: October 28, 2003 By: JY Director of Public Works of the City of Temecula -3- EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) DESCRIPTION OF FACILITIES AND SERVICES TO BE FUNDED BY THE DISTRICT AND PRIOR LIEN TO BE ELIMINATED BY THE DISTRICT FACILITIES The CFD may finance all or a portion of the costs of the following: 1. Loma Linda Storm Drain Construct Loma Linda storm drain from Pechanga Parkway to "A" Street a distance of approximately 2020 feet including pipe, manholes, catch basins laterals and other appurtenant improvements necessary to complete the Loma Linda Storm Drain. 2. Wolf Valley Road Construct Wolf Valley Road from Pechanga Parkway to the northeasterly city limits of the City of Temecula, a distance of approximately 3510 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks, streetlights and other appurtenant improvements necessary to complete Wolf Valley Road. 3. "A" Street Construct "A" Street from Loma Linda Road to interior Loop Road - North, a. distance of approximately 1480 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks, streetlights and other appurtenant improvements necessary to complete "A' Street. 4. Interior Loop Road - North Construct Interior Loop Road - North from Wolf Valley Road to Pechanga Parkway, a distance of approximately 3700 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks, streetllghts and other appurtenant improvements necessary to complete Interior Loop Road - North. 5. Interior Loop Road - South Construct Interior Loop Road - South from Pechanga Parkway to Wolf Valley Road, a distance of approximately 4660 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks, streetlights and other appurtenant improvements necessary to construct Interior Loop Road - South. A-1 6. Linear Park and Nodes Construct Linear Park and three Nodes adjacent to Interior Loop Road - North and Interior Loop Road - South through the entire limits of the Wolf Creek project includIng grading, landscaping, walkways and other appurtenant improvements necessary to Construct the Linear Park and Nodes. 7. Six-Acre Neighborhood Park Planning Area No. II Construct the Six-Acre Neighborhood Park at the northeast intersection of Wolf Valley Road and Interior Loop Road - North including grading, landscaping, walkways, equipment and other appurtenant improvements necessary to construct the Six-Acre Neighborhood Park. 8. Wolf Creek Fire Station Construction of a fire station located at the southeast corner of Wolf Valley Road and Interior Loop Road - South. 9. Pechanga Parkway Construction of Pechanga Parkway between State Route 79 - South and Deer Hollow Way including grading, paving, storm drains, curb and gutter, sidewalk, soundwalls and other appurtenant improvements necessary to complete construction of Pechanga Parkway. 10. Sports Park Improvements Acquisition and installation of artificial turf and appurtenances for the Temecula Sports Complex. 11. Public Art Acquisition, construction and installation of art work in public facilities and on public land within the City of Temecula. 12. Eastern Mtmicipal Water District Improvements Sanitary sewer system and water system improvements to be designated by the Eastern Municipal Water District on which it will expend up to $5,627,404 of bond funds. The Facilities shall include the acquisition of right-of-way, the costs of design, engineering and planning, the costs of any environmental or traffic studies, surveys or other reports, the cost of any required environmental mitigation and any required noise mitigation measures, landscaping and irrigation, soils testing, permits, plan check and inspection fees, insurance, legal and related overhead costs, coordination and supervision and any other costs or appurtenances related to any of the foregoing. A-2 SERVICES Maintenance of a drainage channel identified in the Wolf Creek Specific Plan adopted by the City Council of the City on January 23, 2001, including but not limited to salaries of City staff related to and a proportionate share of City overhead costs in connection with providing such services. PRIOR LIEN The CFD may ftmd amounts necessary to eliminate all or a portion of the lien imposed by the County of RIverside Assessment District No. 159 on the real property within the CFD. OTHER The CFD may also finance any of the following: 1. Bond related expenses, including underwriter's discount, reserve fund, capitalized interest, bond and disclosure counsel and all other incidental expenses. 2. Administrative fees of the Authority, the City of Temecula and the bond trustee or fiscal agent related to the CFD and any bonded indebtedness of the CFD. 3. Reimbursement of costs related to the formation of the CFD advanced by the Authority, the City or any related entity, or any landowner or developer within the CFD, as well as reimbursement of any costs advanced by the Authority or any related entity, or any landowner or developer within the CFD, for facilities, fees or other purposes or costs of the CFD. A-3 EXHIBIT B TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) FACILITIES, SERVICES AND LIEN ELIMINATION COST ESTiMATE 1. ACQUISITION & CONSTRUCTION OF FACILITIES 2. INCIDENTALS (a) Bond Reserve Fund (b) Bond Discount/Underwriter Compensation (c) Capitalized Interest (d) Other Costs of Issuance (e) First Year Adm'mistration Costs 3. COST TO PREPAY FIXED ASSESSMENT LIEN 4. CONTINGENCIES TOTAL BOND AMOUNT NEEDED 5. ANNUAL COSTS OF SERVICES $ 24,440,561 2,171,095 514,062 1,209,988 350,000 50,000 639,294 3,625,000 $ 33,000,000 $ 100,000' * Amount shown is for Fiscal Year 2003-2004, and will increase by 2% (compounded) each fiscal year thereafter. B-1 JOINT COMMUNITY FACILITIES AGREEMENT - CITY TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) This Joint Community Facilities Agreement (the "Agreement"), dated for convenience as of October 1, 2003, is by and between the Temecula Public Financing Authority (the "Authority") and the City of Temecula (the "Participating Agency"). RECITALS: WHEREAS, the Authority is undertaking proceedings to form the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), and the Authority intends to issue bonds of the Authority for the CFD (the "Bonds") in order to finance various public improvements to be acquired and constructed in the City of Temecula; and WHEREAS, the improvements to be financed with the proceeds of the Bonds may include the improvements described in Attachment A hereto (the "Improvements"), which Attachment is, by this reference, incorporated herein; and WHEREAS, the parties hereto expect that the Participating Agency will own and operate the Improvements if they comply with the standards and have been completed to the satisfaction of the Participating Agency; and WHEREAS, all or a portion of the Improvements and certain other improvements to be eligible for funding by the CFD are to be constructed by an owner of land in the CFD or an affiliate or designee thereof (the "Developer"), and the Authority expects to enter into an Acquisition Agreement with the Developer (the "Acquisition Agreement") whereby the Authority will use proceeds of the Bonds to acquire improvements from the Developer and to reimburse the Developer for all or a portion of the costs of other improvements; and WHEREAS, the implementation of the Acquisition Agreement will involve actions by officials of the Participating Agency, and the Participating Agency is willing to provide the services of its officials as necessary to implement the provisions of the Acquisition Agreement; and WHEREAS, the CFD will also be authorized to finance certain maintenance services (the "Services"), and the Participating Agency may be willing to provide the Services to the extent they are not otherwise provided by the Temecula Community Services District and only if the Participating Agency is fully reimbursed by the CFD for the costs of providing the Services; and WHEREAS, Section 53316.2 of the Act requires that the Authority enter into a joint community facilities agreement with the Participating Agency, prior to the adoption by the Authority of the Resolution of Formation of the CFD, in respect of the Improvements which Improvements are to be financed with the proceeds of the Bonds, and, upon completion, are to be owned and operated by the Participating Agency, and with respect to the Services to be financed by the CFD and provided by the Participating Agency; and WHEREAS the Authority and the Participating Agency now desire to enter into this Agreement to satisfy the requirements of Section 53316.2 of the Act and to memorialize their understanding with respect to the proceeds of the Bonds, the Improvements, the Acquisition Agreement and the Services, all as more particularly set forth below. NOW, THEREFORE, in consideration of the foregoing and mutual covenants set forth below, the parties hereto do hereby agree as follows: Section 1. Reservation of Bond Funds. The Authority intends to reserve a portion of the proceeds of the Bonds in an amount necessary to finance a portion of the costs incurred in connection with the acquisition and construction of the Improvements. Said amount, together with any investment earnings thereon, shall be held in an account within the Improvement Fund established for the CFD (the "Improvement Fund") for the sole and exclusive benefit of the CFD, and such amount shall in no way be pledged as security for the Bonds. Other than the funds described in the preceding paragraph, the Authority shall have no obligation to pay for any of the costs of the Improvements, including but not limited to any costs of planning, acquisition, construction, installation or inspection of the Improvements. Any costs of the Improvements listed as items 1, 2, 3, 4, 5 and 7 in Attachment A hereto in excess of the proceeds of the Bonds available to pay such costs will be paid by or on behalf of a landowner in the CFD. The Authority expects to include the costs of the Services in the annual special tax levies in the District. Section 2. Construction of Improvements. The Improvements have been or will be constructed pursuant to plans and specifications approved by the Participating Agency. The Participating Agency shall not have any liability whatsoever in respect of any work performed in connection with the Improvements; provided that this sentence shall in no way limit any rights the Participating Agency may have against any persons or entities in respect of the acquisition or construction of the Improvements once the Participating Agency accepts title to and control over the Improvements. To the extent that the Participating Agency incurs expenses incident to reviewing and approving design plans and specifications, conducting construction field inspections and otherwise in connection with the design, construction and acceptance of the Improvements, such expenses may be reimbursed to the Participating Agency upon presentation of invoices as to the nature and amount of such costs and expenses, from available amounts in the Improvement Fund, or if there are no such available funds, then from one of the owners of the land in the CFD (as may be required in any applicable subdivision improvement agreements pertaining thereto) or from any other legally available funds. Section 3. Inspection and Acceptance; Use of Bond Funds. The Participating Agency shall cause inspections to be made during the construction of the Improvements in accordance with its customary procedures for construction projects of a similar nature. Upon completion of construction of the Improvements to the satisfaction of the Participating Agency, the Participating Agency shall accept dedication of the Improvements in accordance with its customary procedures, and shall accept ownership, and responsibility for operation of the Improvements conditioned upon the passage to the Participating Agency of fee title clear of all encumbrances and easements not otherwise acceptable to the Participating Agency in its sole discretion. The Participating Agency shall have no responsibility with respect to the ownership or operation of the Improvements unless and until construction has been completed to the -2- satisfaction of the Participating Agency. The Authority shall have no obligation to at any time own or operate any of the Improvements. Section 4. Provision of Services. The Participating Agency hereby agrees to consider the provision of the Services authorized to be financed by the CFD and otherwise identified in Attachment A hereto, but only to the extent and so long as the Temecula Community Services District does not provide the Services and only if proceeds of special taxes levied in the CFD are made available to the Participating Agency in amounts determined by it as appropriate for such purpose. Section 5. Assistance with Acquisition Aqreement. The Participating Agency hereby agrees to assist the Authority in connection with the implementation of the Acquisition Agreement by making its Director of Public Works and other officials available for the purposes, on the terms and as otherwise provided for in the Acquisition Agreement with respect to any actions to be performed by Participating Agency officials under the Acquisition Agreement. Section 6. Limited Obliqations. All obligations of the Authority under and pursuant to this Agreement shall be limited (a) with respect to the Improvements, to the amounts on deposit in the Improvement Fund and described in Section 1 above, and (b) with respect to the Services, to the proceeds of special taxes levied in the CFD for such purpose and otherwise collected from the landowners in the CFD. No Boardmember, officer or employee of the Authority shall in any event be personally liable hereunder. The sole obligation of the Participating Agency hereunder with respect to the Improvements shall be to inspect and accept the Improvements as described above. The Participating Agency shall have no responsibility or obligation with respect to the Improvements for any action occurring prior to acceptance by the Participating Agency. If, for any reason whatsoever, there are insufficient funds to complete the Improvements or any portion thereof, the Participating Agency shall have no obligation under this Agreement to fund any such shortfall. The sole obligation of the Participating Agency hereunder with respect to the Services shall be to provide all or such portion of the Services as the Participating Agency shall determine it is willing to provide and that can be provided for in respect of any special tax revenue from the CFD made available to the Participating Agency for such purpose. The sole obligation of the Participating Agency hereunder with respect to the Acquisition Agreement shall be to make available officials of the Participating Agency specifically referenced in, and for the tasks specifically to be undertaken by such officials under the terms of, the Acquisition Agreement. If the Participating Agency shall fail to perform any of its obligations hereunder, the sole remedy of the Authority shall be the commencement of an action in the Superior Court for specific performance by the Participating Agency of such obligations. Section 7. Termination. Notwithstanding any other provision of this Agreement, this Agreement shall cease to be effective and shall terminate if the Bonds are not issued by June 30, 2004. If not earlier terminated pursuant to the preceding sentence, this Agreement shall terminate, (i) as to the Improvements and the Acquisition Agreement, upon acceptance of the ownership and operation of the Improvements by the Participating Agency, and (ii) as to the Services, so long as special tax revenues levied in and collected from the landowners in the CFD are made available to the Participating Agency to pay the costs of providing the Services. Section 8. No ObliRation to Form CFD; Agreement of Benefit to Residents. The provisions of this Agreement shall in no way obligate the Authority to form the CFD. Notwithstanding the foregoing, by their respective execution of this Agreement, the Authority and the Participating Agency each declare that this Agreement is beneficial to the residents within the jurisdiction of their respective entities in assuring the provision of financing for a portion of the costs of the Improvements and the Services in furtherance of the purposes of the Act. Section 9. Partial Invalidity. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdic{ion, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. Section 10. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. This Agreement is for the sole benefit of the Authority and the Participating Agency and their successors and assigns, and no other person or entity shall be deemed to be a beneficiary hereof or have an interest herein. Section 11. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year written alongside their signature below. CiTY OF TEMECULA (the "Participating Agency") Date of Execution: October 28, 2003 Attest: By:. Mayor By: City Clerk TEMECULA PUBLIC FINANCING AUTHORITY (the "Authority") Date of Execution: October 28, 2003 By:. Executive Director 20009.02:J6603 -5- ATTACHMENT A DESCRIPTION OF FACILITIES AND SERVICES PROPOSED TO BE FUNDED BY TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03- 03 (WOLF CREEK) WHICH ARE TO BE OWNED, OPERATED OR PROVIDED, AS APPLICABLE, BY THE CITY OF TEMECULA FACILITIES Loma Linda Storm Drain Construct Loma Linda storm drain from Pechanga Parkway to "A" Street a distance of approximately 2020 feet including pipe, manholes, catch basins laterals and other appurtenant improvements necessary to complete the Loma Linda Storm Drain. Wolf Valley Road Construct Wolf Valley Road from Pechanga Parkway to the northeasterly city limits of the City of Temecula, a distance of approximately 3510 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks and other appurtenant improvements necessary to complete Wolf Valley Road. "A" Street Construct "A" Street from Loma Linda Road to Interior Loop Road - North, a. distance of approximately 1480 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks and other appurtenant improvements necessary to complete "A" Street. Interior Loop Road - North Construct Interior Loop Road - North from Wolf Valley Road to Pechanga Parkway, a distance of approximately 3700 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks and other appurtenant improvements necessary to complete Interior Loop Road - North. Interior Loop Road - South Construct Interior Loop Road - South from Pechanga Parkway to Wolf Valley Road, a distance of approximately 4660 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks and other appurtenant improvements necessary to construct Interior Loop Road - South. Wolf Creek Fire Station Construction of a fire station located at the southeast corner of Wolf Valley Road and Interior Loop Road - South. 7. Pechanqa Parkway Construction of Pechanga Parkway between State Route 79 - South and Deer Hollow Way including grading, paving, storm drains, curb and gutter, sidewalk, soundwalls and other appurtenant improvements necessary to complete construction of Pechanga Parkway. 8. Sports Park Improvements Acquisition and installation of artificial turf and appurtenances for the Temecula Sports Complex. 9. Public Art Acquisition, construction and installation of art work in public facilities and on public land within the City of Temecula. The Facilities shall include the acquisition of right-of-way, the costs of design, engineering and planning, the costs of any environmental or traffic studies, surveys or other reports, the cost of any required environmental mitigation and any required noise mitigation measures, landscaping and irrigation, soils testing, permits, plan check and inspection fees, insurance, legal and related overhead costs, coordination and supervision and any other costs or appurtenances related to any of the foregoing. SERVICES To the extent not provided by the Temecula Community Services District, the City of Temecuia may, in its discretion, provide the following services: maintenance of a drainage channel identified in the Wolf Creek Specific Plan adopted by the City Council of the City on January 23, 2001, including but not limited to salaries of City staff related to and a proportionate share of City overhead costs in connection with providing such services. ^-2 JOINT COMMUNITY FACILITIES AGREEMENT - TCSD TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) This Joint Community Facilities Agreement (the "Agreement"), dated for convenience as of October 1, 2003, is by and between the Temecula Public Financing Authority (the "Authority") and the Temecula Community Services District (the "Participating Agency"). RECITALS: WHEREAS, the Authority is undertaking proceedings to form the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) (the "CFD") pursuant to the Mello~Roos Community Facilities Act of 1982, as amended (the "Act"), and the Authority intends to issue bonds of the Authority for the CFD (the "Bonds") in order to finance various public improvements to be acquired and constructed in the City of Temecula; and WHEREAS, the improvements to be financed with the proceeds of the Bonds may include the improvements described in Attachment A hereto (the "Improvements"), which Attachment is, by this reference, incorporated herein; and WHEREAS, the parties hereto expect that the Participating Agency will own and operate the Improvements if they comply with the standards and have been completed to the satisfaction of the Participating Agency; and WHEREAS, the CFD will also be authorized to finance certain maintenance services (the "Services"), and the Participating Agency is willing to provide the Services to the extent it is reimbursed for the costs thereof by the CFD; and WHEREAS, Section 53316.2 of the Act requires that the Authority enter into a joint community facilities agreement with the Participating Agency, prior to the adoption by the Authority of the Resolution of Formation of the CFD, in respect of the Improvements which Improvements are to be financed with the proceeds of the Bonds, and, upon completion, are to be owned and operated by the Participating Agency; and WHEREAS the Authority and the Participating Agency now desire to enter into this Agreement to satisfy the requirements of Section 53316.2 of the Act and to memorialize their understanding with respect to the proceeds of the Bonds, the Improvements and the Services, all as more particularly set forth below. NOW, THEREFORE, in consideration of the foregoing and mutual covenants set forth below, the parties hereto do hereby agree as follows: Section 1. Reservation of Bond Funds. The Authority intends to reserve a portion of the proceeds of the Bonds in an amount necessary to finance a portion of the costs incurred in connection with the acquisition and construction of the Improvements. Said amount, together with any investment earnings thereon, shall be held in an account within the Improvement Fund established for the CFD (the "Improvement Fund") for the sole and exclusive benefit of the CFD, and such amount shall in no way be pledged as security for the Bonds. Other than the funds described in the preceding paragraph, the Authority shall have no obligation to pay for any of the costs of the Improvements, including but not limited to any costs of planning, acquisition, construction, installation or inspection of the Improvements. The Authority expects to include the costs of the Services in the annual special tax levies in the District. Section 2. Construction of Improvements. The Improvements have been or will be constructed pursuant to plans and specifications approved by the Participating Agency. The Participating Agency shall not have any liability whatsoever in respect of any work performed in connection with the Improvements; provided that this sentence shall in no way limit any rights the Participating Agency may have against any persons or entities in respect of the acquisition or construction of the Improvements once the Participating Agency accepts title to and control over the Improvements. To the extent that the Participating Agency incurs expenses incident to reviewing and approving design plans and specifications, conducting construction field inspections and otherwise in connection with the design, construction and acceptance of the Improvements, such expenses may be reimbursed to the Participating Agency upon presentation of invoices as to the nature and amount of such costs and expenses, from available amounts in the Improvement Fund, or if there are no such available funds, then from one of the owners of the land in the CFD (as may be required in any applicable subdivision improvement agreements pertaining thereto) or from any other legally available funds. Section 3. Inspection and Acceptance; Use of Bond Funds. The Participating Agency shall cause inspections to be made during the construction of the Improvements in accordance with its customary procedures for construction projects of a similar nature. Upon completion of construction of the Improvements to the satisfaction of the Participating Agency, the Participating Agency shall accept dedication of the Improvements in accordance with its customary procedures, and shall accept ownership, and responsibility for operation of the Improvements conditioned upon the passage to the Participating Agency of fee title clear of all encumbrances and easements not otherwise acceptable to the Participating Agency in its sole discretion. The Participating Agency shall have no responsibility with respect to the ownership or operation of the Improvements unless and until construction has been completed to the satisfaction of the Participating Agency. The Authority shall have no obligation to at any time own or operate any of the Improvements. Section 4. Provision of Services. The Participating Agency hereby agrees to provide the Services authorized to be financed by the CFD and otherwise identified in Attachment A hereto, but only to the extent and so long as proceeds of special taxes levied in the CFD are made available to the Participating Agency for such purpose. Section 5. Limited Obli.qations. All obligations of the Authority under and pursuant to this Agreement shall be limited (a) with respect to the Improvements, to the amounts on deposit in the Improvement Fund and described in Section 1 above, and (b) with respect to the Services, to the proceeds of special taxes levied in the CFD for such purpose and otherwise collected from the landowners in the CFD. No Boardmember, officer or employee of the Authority shall in any event be personally liable hereunder. The sole obligation of the Participating Agency hereunder with respect to the Improvements shall be to inspect and accept the Improvements as described above. The Participating Agency shall have no responsibility or obligation with respect to the Improvements 2 for any action occurring prior to acceptance by the Participating Agency. If, for any reason whatsoever, there are insufficient funds to complete the Improvements or any portion thereof, the Participating Agency shall have no obligation under this Agreement to fund any such shortfall. The sole obligation of the Participating Agency hereunder with respect to the Services shall be to provide all or such portion of the Services as the Participating Agency shall determine can be provided for in respect of any special tax revenue from the CFD made available to the Participating Agency for such purpose. If the Participating Agency shall fail to perform any of its obligations hereunder, the sole remedy of the Authority shall be the commencement of an action in the Superior Court for specific performance by the Participating Agency of such obligations. Section 6. Termination. Notwithstanding any other provision of this Agreement, this Agreement shall cease to be effective and shall terminate if the Bonds are not issued by June 30, 2004. If not earlier terminated pursuant to the preceding sentence, this Agreement shall terminate, (i) as to the Improvements, upon acceptance of the ownership and operation of the Improvements by the Participating Agency, and (ii) as to the Services, so long as special tax revenues levied in and collected from the landowners in the CFD are made available to the Participating Agency to pay the costs of providing the Services. Section 7. No Obliqation to Form CFD; Aqreement of Benefit to Residents. The provisions of this Agreement shall in no way obligate the Authority to form the CFD. Notwithstanding the foregoing, by their respective execution of this Agreement, the Authority and the Participating Agency each declare that this Agreement is beneficial to the residents within the jurisdiction of their respective entities in assuring the provision of financing for a portion of the costs of the Improvements and the Services in furtherance of the purposes of the Act. Section 8. Partial Invalidity. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. Section 9. Successors and Assiqns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. This Agreement is for the sole benefit of the Authority and the Participating Agency and their successors and assigns, and no other person or entity shall be deemed to be a beneficiary hereof or have an interest herein. Section 10. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year written alongside their signature below. TEMECULA COMMUNITY SERVICES DISTRICT (the "Participating Agency") Date of Execution: October 28, 2003 By: President TEMECULA PUBLIC FINANCING AUTHORITY (the "Authority") Date of Execution: October 28, 2003 By: Executive Director 20009.02:J6764 ATTACHMENT A DESCRIPTION OF FACILITIES AND SERVICES PROPOSED TO BE FUNDED BY TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03- 03 (WOLF CREEK) WHICH ARE TO BE OWNED, OPERATED OR PROVIDED, AS APPLICABLE, BY THE TEMECULA COMMUNITY SERVICES DISTRICT FACILITIES 1. Street Li.qhts for Wolf Valley Road Street lights along Wolf Valley Road from Pechanga Parkway to the northeasterly city limits of the Temecula Community Services District, a distance of approximately 3510 feet. 2. Street Lights for "A" Street Street lights along "A" Street from Loma Linda Road to Interior Loop Road - North, a. distance of approximately 1480 feet. 3. Street Liqhts for Interior Loop Road - North Street lights along Interior Loop Road - North from Wolf Valley Road to Pechanga Parkway, a distance of approximately 3700 feet. 4. Street Li.qhts for Interior Loop Road - South Street lights along Interior Loop Road - South from Pechanga Parkway to Wolf Valley Road, a distance of approximately 4660 feet. 5. Linear Park and Nodes Linear Park and three Nodes adjacent to Interior Loop Road - North and Interior Loop Road - South through the entire limits of the Wolf Creek project including grading, landscaping, walkways and other appurtenant improvements necessary to Construct the Linear Park and Nodes. 6. Six-Acre Nei.qhborhood Park Planninq Area No. II Six-acre neighborhood park at the northeast intersection of Wolf Valley Road and Interior Loop Road - North including grading, landscaping, walkways, equipment and other appurtenant improvements necessary to construct the six-acre neighborhood park. SERVICES Maintenance of a drainage channel identified in the Wolf Creek Specific Plan adopted by the City Council of the City on January 23, 2001, including but not limited to salaries of TCSD staff related to and a proportionate share of TCSD overhead costs in connection with providing such services. A-1 JOINT COMMUNITY FACILITIES AGREEMENT ?/28/o3 THIS JOI1VT COMMUNITY FACILITIES AGREEMENT - EMWD (the "Agreement") is entered into this 1~t day Of August, 2003, by and among the TEMECULA PUBLIC FINANCING AUTHORrI~, a joint exercise of powers authority (the "Authorit-f), the F_AbT~:RN MUNICIPAL WATER DISTRICT, a public agency organized and existing pursuant to Division 2o of the California Water Code ("EMWD") and WOLF CREEK DEVELOPMENT, LLC, a California limited liability company CCompany'), and relates to. the proposed formation of the TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. o3-o3 (WOLF CREEK) (the "CFD") for the purpose of financing certain public facilities, including water and sewer facilities to be ultimately owned and operated by EMWD. RECITALS A. The Company is developing and owns a portion of the property described in Exhibit A hereto (the "PrepeW/') which is located in the City of Temecuia and is within the boundaries of the F, MWI) and has an option to acquire the remaining portion of the Property from the current landowner, S-P Murdy, LLC. B. Pursuant to the request of Company, the Board of Directors of the Authority has initiated proceedings to form the CFD pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part x of Division 2 of Title 5 of the California Government Code (the ~Act"). C. The Company has requested and proposed that the CFD be formed for the purpose of providing the means of financing the acquisition of various public facilities, including certain public facilities to be constructed and owned and operated by EMWD, which are described in further detail on Exhibit B (the "EMWD Facilities), in lieu of the payment of certain water backup fees, sewer backup fees and sewer treatment capacity charges of EMWD (the 'EMWD Fees"). The EMWD Fees do not include meters, processing fees, construction water and other EMWD charges. D. The Company has not yet determined that it will finance the EMWD Facilities in lieu of payment of the EMWD Fees, and the parties acknowledge that this Agreement is for the purpose of meeting the requirements of the Act. E. The ACt provides that the CFD may finance the EMWD Facilities only pursuant to a joint community facilities agreement adopted pursuant to Government Code Section 53316.2. F. The Authority and EMWD have determined that entering into a joint community facilities agreement to enable the CFD to finance some or all of the acquisition of the EMWD Facilities will be beneficial to the residents of each entity and, therefore, desire to enter into this joint community facilities agreement pursuant to Government Code Section 53316.2. G. Nothing contained herein shall be construed as requiring the Company to take any specific action or deliver any specific EMWD Facility or for the Authority to form the CFD and issue special tax bonds. ooo9.o2:J8/8/o3 loo3~.x H&O: ~96~d7 v g~.O: ~9657 vl 6']95 AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein the parties hereto agree as follows: Recitals. Each of the above recitals is incorporated herein and is true and correct. 2. Proceedings for the Formation of CFD: Costs of Formation. The Board of Directors of Authority shall have the jurisdiction to and shall be solely responsible for undertaking the proceedings to consider the formation of the CFD and the authorization for the CFD to levy special taxes within the CFD and to incur a bonded indebtedness pursuant to the Act. EMWD is not directly or indirectly approving or responsible in any way whatsoever for the levy of special taxes within the CFD nor is EMWD directly or indirectly approving or responsible in any way whatsoever for the issuance of bonds by the CFD. FaMWD shall not be responsible in any way whatsoever for the costs of formation of the CFI). Section 3. .: Use of Bond Proceeds. To the extent proceeds of bonds issued by the Authority for the CFD (the "Bonds') are made available to finance EMWD Facilities, Company may request payment from the CFD by executing and submitting a request for payment, in substantially the form attached hereto as Exhibit C (the "Disbursement Request'). Upon receipt of such Disbursement Request, the CFD shall wire transfer (or pay in another mutually acceptable manner) to EMWD such requested funds to the extent that Bond proceeds are available for such purpose. Upon such notice and EMWD's receipt of such disbursement relating to EMWD Facilities, Company shall be deemed to have satisfied the applicable EMWD Fees with respect to the number of dwelling units or lots for which the EMWD Fees would otherwise have been required in an amount equal to such disbursement. EMWD agrees to use Bond proceeds transferred to it within three years of the date of the issuance of the Bonds for the construction or acquisition of public infrastructure improvements owned by a governmental entity in which no nongovernmental entity has any special legal entitlements, which improvements have a useful life of five years or more, and otherwise identified on Exhibit B hereto. Notwithstanding the foregoing: (i) no more than $5,627~,o4 of CFD Bond proceeds will be used to finance EMWD Facilities, and (ii) EIVlWD shall maintain written records as to the investment and disposition of any Bond proceeds remitted to it under this Section 3, and will make such records available to the Treasurer of the Authority upon written request. The Authority shall have no responsibility or obligation whatsoever with respect to the construction or operation of any of the EMWD Facilities. Nothing in this Section 3 shall prohibit the Company from using its own funds to pay all or any portion of the EMWD Fees for any dwciling unit or lot in the CFD. ff the Bond proceeds available for purposes of this Agreement are less than the amount referenced in clause (i) of the first sentence of the prior paragraph, the Company, in its discretion, may submit a Disbursement Request to use available Bond proceeds to pay a pro rata portion of the EMWD Fees for any dwelling unit or lot, and use its own funds to pay the balance of the EMWD Fees due, so long as EMWD reasonably expects to expend all of the available Bond proceeds prior to the earlier of the date which is 3 years after the Bonds are issued or the date of completion of construction in the CFD. 8/8/03 ~oo32.~ H&O: ~9657 wa 4. Other Public Utility Facilities. EMWD shall not acquire from the Company or construct the water, electric, natural gas and telephone underground public utility improvements to be installed in the street rights-of-way within the tracts into which the Property will be subdivided. The Company shall construct all such improvements and make such arrangements with respect to refunding of the cost of the installation of such improvements with the utility companies that will own and operate same as is permitted by the rules of such companies. 5. Indemnification. The Company shall assume the defense of, indemnify and save harmless, EMWD, its officers, employees and agents, and the Authority, its officers, employees and agents, and each and every one of them from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subject or put, by reason of, or resulting from this Agreement, and the issuance of the Bonds; provided, however that the Company shall not be required to indemnify any person or entity as to damages resulting from willful misconduct or gross negligence of such person or entity or their agents or employees. 6. Termination. The provisions of this Agreement related to the funding of the EMWD Facilities shall terminate and be of no further force or effect if the Bonds are not sold within 24 months from the date of this Agreement unless extended by agreement of all the parties. If the CFD is unable to sell the Bonds, this Agreement shall terminate and be of no further force and effect. 7. Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy-two (72) hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: · Authority/CFD: Temecula Public Financing Authority 43200 Business Park Drive Temecula, CA 92590 Attention: Director of Public Works Eastern Municipal Water District 2270 Trumble Road Post Office Box 8300 Perris, CA 92572-830o Attn: General Manager Company: Other: Wolf Creek Development 255 E. Rincon Street, Suite 200 Corona, CA 92879 Attn: Mike White S J Murdy LLC x5751 Rocldidd Blvd., Suite loo Irvine, CA 92618 Attn: W'dliam Griffith Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party hereto. 8/8/03 ~oo3~ H&O: #9657 v2 '3- 8. No Obligation. The parties agree that the Company has no obligations hereunder until or unless the Authority issues special tax bonds specifically for the EMWD Facilities. 9. Amendment. This Agreement may be amended at any time but only in writing signed by each party hereto. lo. ~. This Agreement eentains the entire agreement between the parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the parties with respect to the subject matter of this Agreement. 11. reference. Exhibits. All exhibits attached hereto are incorporated into this Agreement by m. Severabilitv. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possibl,e. ~3. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other parties hereto, or the failure by a party to exercise its · rights upon the default of another party, shall not constitute a waiver of such party's right to insist and demand strict compliance by such other parties with the terms of this Agreement thereafter. x4. No Third Party_ Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than EMWD, the Authority, the CFD and the Company (and their respective successors and assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement. x,5. Assignment Notwithstanding the provisions of Section x4 above, the Company may assign its rights under this Agreement in whole or in part to any owner of land in the CFD. The Company shall provide written notice of any such assignment to EMWD and the Authority, specifying the fights so assigned and identifying the land in the CFD owned by the assignee. Any such assignment shall not become effective until the notice described in the preceding sentence has been received by EMWD and by the Authority. 16. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. 17. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. IN ~rrNESS WHEREOF, the parties have executed this Agreement as of the day and year written above. TEMECULA PUBLIC FINANCING AUTHORITY Executive Director 8/8/o$ xooszx H&O: #9657 v2 '4- EASTERN MUNICIPAL WATF..R DISTRICT Anthony J. Pack, General Manager WOLF CREEK DEVELOPMENT, LLC a California limited liability company By: Standard Pacific Corp., a Delaware corporation, Its Managing Member By: ~ August Belmont, Authorized ~Michael J.-White, ~u~orized Representative k~/ By: Alameda Property Investments, LLC, a Delaware limited liability company By: I~~.~ [Printed Name and Title] 8/8/o3 xoo32a H&O: #9657 va '5- EXHIBIT A PROPERTY DESCRIPTION Riverside County Assessor's Parcel Numbers: 962-olo-o04 962-o10-003 962-o10-002 962-o10-001 961-020-0o3 961-020-001 961-020-002 96Z-020-004 8/8/o3 ~.oo32,x H&O: ~965~ v~vz EXHIBIT B DESCRIPTION OF EMWD FACILITIES "EMWD Facilities~ means water and sewer facilities included in EMWD's water and sewer capacity and connection fee programs used to finance expansion projects except for those in-tract facilities that are contributed by the Company. EMWD Facilities include, but are not limited to:. water and sewer transmission pipelines, sewer treatment plants, disposal ponds, pumping plants, lift stations, water reservoirs, including all costs of site acquisition, planning, design, engineering, legal services, materials testing, coordination, surveying, construction staking, construction, inspection and any and all appurtenant facilities relating to the foregoing. S/8/03 10032.1 H~O: #9657v2v[ B-1 EXHIBIT C DISBURSEMENT REQUEST FORM FOR FUNDING OF EMWD FACILITIES IN LIEU OF PAYMENT OF EMWD FEES Sequence No. __ EMWD SA# 1. Temecula Public Financing Authority Community Facilities District No. o3-o3 (Wolf Creek) ("CFD No. o3-o3) is hereby requested to pay from the CFD bond proceeds to Eastern Municipal Water District CEMWD~), as Payee, the sum set forth in 3 below. 2. The undersigned certifies that the amount requested for funding of EMWD Facilities in lieu of payment of EM-W-D Fees, has not formed the basis of prior request or payment, and is being made with respect to the connection of the property described in Exhibit A to the EMWD system. 3. Amount requested:' $. For Lot Nos. 4. The amount set forth in 3 above is authorized and payable pursuant to the terms of the Joint Community Facilities Agreement among the Temecula Public Financing Authority, EMWD and Wolf Creek Development, LI~ dated as of August z, 2003 (fiae "Agreement"). Capitalized terms not defined herein shall have the meaning set forth in the Agreement. WOLF CREEK DEVELOPMENT, LLC a California limited liability company By: Standard Pacific Corp., a Delaware corporation, Its Managing Member By: August Belmont, Authorized Representative By: Michael J. White, Authorized Representative By: By: Alameda Property Investments, LLC, a Delaware limited liability company Its Member [Printed Name and Title] S/S/03 10032-1 H&O: #9657 v2vi C-1 EASTERN MUNICIPAL WATER DISTRICT cc: EMWD Finance Dept. l~lame: Title: Date: 8/8/03 ~oo32.1 H&O: #965Tv2vl C-2 JOINT COMMUNITY FACILITIES AGREEMENT RIVERSIDE COUNTY FLOOD CONTROL (To be provided under separate cover) RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 Temecula, CA 92589-9033 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 NOTICE OF SPECIAL TAX LIEN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) 20009.02:J6736 NOTICE OF SPECIAL TAX LIEN Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) Pursuant to the requirements of Section 3114.5 of the California Streets and Highways Code and Section 53311 et seq. of the California Government Code, the undersigned Secretary of the Temecula Public Financing Authority (the "Authority"), County of Riverside, State of California, hereby gives notice that a lien to secure payment of a special tax which the Board of Directors of the Authority authorized, is hereby imposed. The special tax secured by this lien is authorized to be levied for the purpose of paying principal and interest on bonds, the proceeds of which are being used to finance the costs of certain public improvements and of the elimination of a fixed special assessment lien, as well as to pay for certain annual maintenance services costs, all as described on Exhibit A attached hereto and hereby made a part hereof. The special tax is authorized to be levied within the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) which has now been officially formed and the lien of the special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax obligation is permanently satisfied and cancelled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the Government Code. The rate, method of apportionment, and manner of collection of the authorized special tax is as set forth in Exhibit B attached hereto and hereby made a part hereof. Conditions under which the obligation to pay the special tax may be prepaid in part and permanently satisfied in part are as provided in Exhibit B hereto. Notice is further given that upon the recording of this notice in the office of the County Recorder, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) in accordance with Section 3115.5 of the California Streets and Highways Code. The name(s) of the owner(s) of the real property included within the area of this community facilities district and the assessor's tax parcel(s) numbers of all parcels or any portion thereof which are included within the area of this community facilities district, in each case which are not exempt from the special tax and as they appear on the latest secured assessment roll as of the date of recording of this or as otherwise known to the Authority, are as set forth in Exhibit C attached hereto and hereby made a part hereof. Reference is made to the boundary map of the community facilities district recorded on August 4, 2003 at Book 53 of Maps of Assessment and Community Facilities Districts at Page 59 (instrument no. 2003-589025), in the office of the County Recorder for the County of Riverside, State of California, which map is now the final boundary map of the community facilities district. -2- For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Treasurer of the Temecula Public Financing Authority, Temecula Public Financing Authority, 43200 Business Park Drive, Temecula, CA 92590, telephone number (909) 694-6430. Dated: ,2003 By: Secretary, Temecula Public Financing Authority EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 01-3 (WOLF CREEK) DESCRIPTION OF FACILITIES AND SERVICES TO BE FUNDED BY THE DISTRICT AND PRIOR LIEN TO BE ELIMINATED BY THE DISTRICT FACILITIES The CFD may finance all or a portion of the costs of the following: 1. Loma Linda Storm Drain Construct Loma Linda storm drain from Pechanga Parkway to "A" Street a distance of approximately 2020 feet including pipe, manholes, catch basins laterals and other appurtenant improvements necessary to complete the Loma Linda Storm Drain. 2. Wolf Valley Road Construct Wolf Valley Road from Pechanga Parkway to the northeasterly city limits of the City of Temecula, a distance of approximately 3510 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks, streetlights and other appurtenant improvements necessary to complete Wolf Valley Road. 3. "A" Street Construct "A" Street from Loma Linda Road to Interior Loop Road - North, a. distance of approximately 1480 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks, streetlights and other appurtenant improvements necessary to complete "A" Street. 4. Interior Loop Road - North Construct Interior Loop Road - North from Wolf Valley Road to Pechanga Parkway, a distance of approximately 3700 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks, streetlights and other appurtenant improvements necessary to complete Interior Loop Road - North. 5. Interior Loop Road - South Construct Interior Loop Road - South from Pechanga Parkway to Wolf Valley Road, a distance of approximately 4660 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks, streetlights and other appurtenant improvements necessary to construct Interior Loop Road - South. 6. Linear Park and Nodes Construct Linear Park and three Nodes adjacent to Interior Loop Road - North and Interior Loop Road - South through the entire limits of the Wolf Creek project including A-l_ grading, landscaping, walkways and other appurtenant improvements necessary to Construct the Linear Park and Nodes. 7. Six-Acre Neiqhborhood Park Planninq Area No. II Construct the Six-Acre Neighborhood Park at the northeast intereection of Wolf Valley Road and Interior Loop Road - North including grading, landscaping, walkways, equipment and other appurtenant improvements necessary to construct the Six-Acre Neighborhood Park. 8. Wolf Creek Fire Station Construction of a fire station located at the southeast corner of Wolf Valley Road and Interior Loop Road - South. 9. Pechan,qa Parkway Construction of Pechanga Parkway between State Route 79 - South and Deer Hollow Way including grading, paving, storm dreins, curb and gutter, sidewalk, soundwalls and other appurtenant improvements necessary to complete construction of Pechanga Parkway. 10. Sports Park Improvements Acquisition and installation of artificial turf and appurtenances for the Temecula Sports Complex. 11. Public Art Acquisition, construction and installation of art work in public facilities and on public land within the City of Temecula. 12. Eastern Municipal Water District Improvements Sanitary sewer system and water system improvements to be designated by the Eastern Municipal Water District on which it will expend up to $5,627,404 of bond funds. The Facilities shall include the acquisition of right-of-way, the costs of design, engineering and planning, the costs of any environmental or treffic studies, surveys or other reports, the cost of any required environmental mitigation and any required noise mitigation measures, landscaping and irrigation, soils testing, permits, plan check and inspection fees, insurance, legal and related overhead costs, coordination and supervision and any other costs or appurtenances related to any of the foregoing. SERVICES Maintenance of a drainage channel identified in the Wolf Creek Specific Plan adopted by the City Council of the City on January 23, 2001, including but not limited to salaries of City staff related to and a proportionate share of City overhead costs in connection with providing such services. PRIOR LIEN A-2 The CFD may fund amounts necessary to eliminate all or a portion of the lien imposed by the County of Riverside Assessment District No. 159 on the real property within the CFD. OTHER The CFD may also finance any of the following: 1. Bond related expenses, including underwriter's discount, reserve fund, capitalized interest, bond and disclosure counsel and all other incidental expenses. 2. Administrative fees of the Authority, the City of Temecula and the bond trustee or fiscal agent related to the CFD and any bonded indebtedness of the CFD. 3. Reimbursement of costs related to the formation of the CFD advanced by the Authority, the City or any related entity, or any landowner or developer within the CFD, as well as reimbursement of any costs advanced by the Authority or any related entity, or any landowner or developer within the CFD, for facilities, fees or other purposes or costs of the CFD. A.-3 EXHIBIT B TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A Special Tax shall be levied and collected on all Taxable Properb/ located within the boundaries of the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek), ("CFD"). The amount of Special Tax to be levied in each Fiscal Year, commencing in Fiscal Year 2004-2005 on a Parcel shall be determined by the Board of Directors of the Temecula Public Financing Authority or its designee, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set forth in Sections B., C., and D., below. All of the real property within the CFD, unless exempted by law or by the provisions in Section E., shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of a Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other similar recorded County instrument. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part I of Division 2 of Title 5 of the California Government Code of the State of California. "Administrative Expenses" the actual or reasonably estimated costs directly related to the administration of the CFD, including but not limited to: the costs of computing the Special Taxes and of preparing the annual Special Tax collection schedules (whether by the CFD Administrator or designee thereof or both); the costs of collecting the Special Taxes (whether by the Authority, County, City, or otherwise); the costs of remitting the Special Taxes to the Trustee for any Bonds; the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under any Indenture; the costs of the Authority, City or designee in complying with arbitrage rebate and disclosure requirements of applicable federal and State securities laws, the Act and the California Government Code, including property owner inquiries regarding the Special Taxes; the costs associated with the release of funds from any escrow account; the costs of the Authority, City or designee related to an appeal of the Special Tax; and an allocable share of the salaries of the City staff and City overhead expense directly relating to the foregoing. Administrative Expenses shall also include amounts advanced by the City or the Authority for any administrative purposes of the CFD. "Approved Property" means for any Fiscal Year, all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal B-1 Year in which the Special Tax is being levied, and (ii) for which a building permit was not issued prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied. "Assessor's Parcel Map" means an official map of the County designating parcels by a parcel number. "Assigned Special Tax" means each Land Use Category of Developed Property, as determined in accordance with Section C., below. "Authority" means the Temecula Public Financing Authority. "Backup Special Tax" means the Special Tax A applicable to each Parcel of Developed Property, as determine in accordance with Section C.l.b. below. "Board of Directors" means the Board of Directors of the Authority, acting as the legislative body of the CFD. "Bonds" means any bonds or other indebtedness (as defined in the Act) issued by the CFD and secured by the levy of Special Taxes. "CFD" means Community Facilities District No. 03-03 (Wolf Creek) of the Authority established pursuant to the Act. "CFD Administrator" means the Finance Director of the City, or designee thereof, responsible for determining the Special Tax Requirement and various other amounts described herein and for providing for the levy and collection of the Special Taxes. "City" means the City of Temecula. "County" means the County of Riverside. "Developed Property" means all Parcels of Taxable Property, not categorized as Approved Property, Undeveloped Property, Public Property and/or Property Owner's Association Property that are not Exempt Property pursuant to the provisions of Section E., below: (i) that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied and (ii) a building permit for new construction has been issued prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means any Parcel, which is exempt from Special Taxes pursuant to Section E., below. "Final Map" means a subdivision of property evidenced by the recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or the recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period starting on July 1st and ending on the following June 30th. B-2 "Flood Control Channel" means approximately 23.7 acres of channel located within the Wolf Creek Specific Plan No. 12 approved on January 23, 2001. "Indenture" means the indenture, trust agreement, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Category" means any of the categories listed in Table 1. "Maximum Special Tax" means the Maximum Special Tax A and Maximum Special Tax B. "Maximum Special Tax A" means the maximum amount of Special Tax A, determined in accordance with Section C. below, that can be levied in any Fiscal Year on any Parcel to satisfy the Special Tax A Requirement. "Maximum Special Tax B" means the maximum amount of Special Tax B, determined in accordance with Section C. below, that can be levied in any Fiscal Year on any Pamel to satisfy the Special Tax B Requirement. "Multifamily Residential Property" means any Parcel of Residential Property that consists of a building or buildings comprised of attached residential units available for rental but not purchase, by the general public and under common management. "Multiple Land Use Property" means any Developed Property containing more than one Land Use Category (e.g. one structure containing Non-Residential Property on the ground floor and Residential Property on the 2"d floor). "Non-Residential Floor Area" means all of the square footage within the perimeter of all structures on a Parcel used in part for non-residential purposes, measured from outside wall to outside wall, exclusive of overhangs, porches, patios, carports, or similar spaces attached to the building but generally open on at least two sides, as determined by reference to the building permit(s) issued for said Parcel, or if these are not available, as otherwise determined by the CFD Administrator. Once such determination has been made for a Parcel, it shall remain fixed in all future Fiscal Years. "Non-Residential Property" means all Parcels of Developed Property for which a building permit was issued for any type of non-residential use. "Parcel(s)" means a lot or parcel shown on an Assessor's Parcel Map with an assigned parcel number as of January Ist preceding the Fiscal Year for which the Special Tax is being levied. "Property Owner's Association Property" means any properbj within the boundary of the CFD, which, as of January 1st of the preceding Fiscal Year for which the Special Tax is being levied has been conveyed, dedicated to, or irrevocably dedicated to a property owner association, including any master or sub-association. "Proportionately" means for Developed Properly that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Parcels of Developed Property and for Approved Property, Undeveloped Property, Public Properly and/or Property Owners Association Property that is not Exempt Property pursuant to Section E., that the ratio of actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all such Parcels. "Public Property" means any property within the boundary of the CFD which, as of January 1s~ of the preceding Fiscal Year for which the Special Tax is being levied is used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State of California, the County, City or any other local jurisdiction, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use. "Public School District Property" means 33 acres that are acquired or known to the CFD Administrator to be acquired by Temecula Valley Unified School District located within the Wolf Creek Specific Plan No. 12 approved on January 23, 2001, or as subsequently modified, supplemented or amended. "Residential Floor Area" means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by the CFD Administrator with reference to the building permit(s) issued for such Assessor's Parcel or other appropriate means selected by the CFD Administrator. Once such determination has been made for a parcel, it shall remain fixed in all future Fiscal Years. "Residential Property" means all Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Special Tax(es)" means Special Tax A or Special Tax B. "Special Tax A" means the Special Tax to be levied in each Fiscal Year on each Parcel of Developed Property, Approved Property, Undeveloped Property, Property Owner Association Property and Public Property that is not Exempt Property pursuant to the provisions in Section E., to fund the Special Tax A Requirement, and shall include Special Taxes levied or to be levied under Sections D., below. "Special Tax B" means the Special Tax to be levied in each Fiscal Year on each Parcel of Developed Property, Approved Property, Undeveloped Property, Property Owner Association Property and Public Property that is not Exempt Property pursuant to the provisions in Section E., to fund the Special Tax B Requirement, and shall include Special Taxes levied or to be levied under Sections D., below. "Special Tax A Requirement" means that amount required in any Fiscal Year to pay: (i) annual debt service on all outstanding Bonds due in the calendar year which commences in such Fiscal Year; (ii) periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) Administrative Expenses; (iv) an amount equal to any anticipated shortfall due to Special Tax A delinquency in the prior Fiscal Year; and (v) any amounts required to establish or replenish any reserve funds for the outstanding Bonds; less (vi) a credit for funds available to reduce the annual Special Tax A levy as determined pursuant to the Indenture. "Special Tax B Requirement" means that amount required in any Fiscal Year to pay the estimated costs of providing services, including the salaries of City staff related to and a proportionate share of City overhead costs, for the maintenance of the Flood Control Channel in an amount not to exceed $100,000 for Fiscal Year 2004-2005, increasing by 2% each Fiscal Year there after. "Taxable Property" means all Parcels in the CFD which are not exempt from the Special Tax pursuant to law or Section E., below. "Total Floor Area" means for any Parcel identified as Multiple Land Use Property pursuant to Section C.l.c., below, the sum of the Residential Floor Area and Non-Residential Floor Area. "Undeveloped Property" means all Taxable Property not classified as Developed Property, Approved Property, Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E. B. ASSIGNMENT TO LAND USE CATEGORY Each Fiscal Year, commencing with the 2004-2005 Fiscal Year, all Parcels of Taxable Property within the CFD shall be categorized as either Developed Property, Approved Property, Undeveloped Property, Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions in Section E., and shall be subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C., and D., below. Parcels of Developed Property shall further be categorized as Residential Property, Non- Residential Property, or Multiple Land Use Property. A Parcel of Residential Property shall further be categorized to its appropriate Land Use Category based on the Residential Floor Area of such Parcel unless it qualifies as Multifamily Residential Property, for which the Assigned Special Tax shall be based on the number of Acres. C. MAXIMUM SPECIAL TAX RATE 1. Developed Property The Maximum Special Tax A for each Parcel of Residential Property that is categorized as Developed Property shall be the greater of: (i) the applicable Assigned Special Tax described in Table 1., below, or (ii) the amount derived by application of the Backup Special Tax A. The Maximum Special Tax A for each Parcel of Non-Residential Property or Multifamily Residential Property shall be the Assigned Special Tax described in Table 1. The Maximum Special Tax B for each Parcel of Residential Property other than Multifamily Residential Property shall be $58.00 per unit. The Maximum Special Tax B for each parcel of Non-Residential Property or Multifamily Residential Property shall be $385 per acre. These amounts shall increase by 2.00% each year following Fiscal Year 2004-2005. The Maximum Special Tax for each Parcel categorized as Developed Property shall be the Maximum Special Tax A plus the Maximum Special Tax B. a. Assi,qned Special Tax The Assigned Special Tax for each Parcel of Developed Property, except Multiple Land Use Property, is shown in Table 1., below. TABLE 1 Assigned Special Taxes for Developed Property Assigned taxable Special Tax Per Land Use Cate~]ory Unit Residential Floor Area Taxable Unit A - Residential Property D/U 4,000 or mom sq. ft. $2,294 B - Residential Property D/U 3,600 or more, but less than 4,000 sq. ff. $1,599 C - Residential Property D/U 3,200 or more, but less than 3,600 sq. ft. $1,538 D - Residential Property D/U 2,800 or more, but less than 3,200 sq. ff. $1,360 E - Residential Property D/U 2,400 or more, but less than 2,800 sq. ft. $1,229 F - Residential Property D/U 2,000 or more, but less than 2,400 sq. ft. $1,120 G - Residential Property D/U Less than 2,000 sq. ft. $987 H - Multifamily Residential Prepedy Acre N/A $9,374 I - Non-Residential Property Acre N/A $6,404 b. Backup Special Tax The Backup Special Tax shall be $9,374 per Acre for Parcels of Developed Property that are included in a Final Map. Notwithstanding the foregoing, if parcels of Residential property are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax shall be recalculated, c. Multiple Land Use Property In some instances a Parcel of Developed Property may contain more than one Land Use Category. The Assigned Special Tax levied on such a Parcel shall be the sum of the Assigned Special Tax levies for all Land Use Categories located on that Parcel. The Backup Special Tax A levied on a Parcel shall be the sum of the Backup Special Tax A levies that can be imposed on all Land Use Categories located on that Parcel. The Maximum Special Tax A levied on a Parcel shall be the sum of the Maximum Special Tax A levies that can be imposed on all Land Use Categories located on that Parcel, For purposes of calculating the Backup Special Tax A (but not the Assigned Special Tax) for each Land Use Category under such circumstances, the Acreage assigned to each Land Use Category shall be based on the proportion of Residential Floor Area or Non-Residential Floor Area that is built for each Land Use Category as compared with the Total Floor Area built on the Parcel. The CFD Administrator shall determine all allocations made under this section, and all such allocations shall be final. B-6 2. Approved Property The Maximum Special Tax A for each Parcel of Approved Property shall be $9,374 per Acre. The Maximum Special Tax B for each Parcel of Approved Property shall be $385 per Acre and shall increase by 2.00% each year following Fiscal Year 2004-2005. The Maximum Special Tax for each Parcel categorized as Approved Property shall be the Maximum Special Tax A plus the Maximum Special Tax B. 3. Undeveloped Property The Maximum Special Tax A for each Parcel of Undeveloped Property shall be $9,374 per Acre. The Maximum Special Tax B for each Parcel of Undeveloped Property shall be $385 per Acre and shall increase by 2.00% each year following Fiscal Year 2004- 2005. The Maximum Special Tax for each Parcel categorized as Undeveloped Property shall be the Maximum Special Tax A plus the Maximum Special Tax B. 4. Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E. The Maximum Special Tax for each Parcel of Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E, shall be $9,374 per Acre. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2004-2005 and for each following Fiscal Year, the CFD Administrator shall levy the Special Tax on all Taxable Property as follows: First: The Special Tax A shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rate in Table I as needed to satisfy the Special Tax A Requirement. The Special Tax B shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the Maximum Special Tax B as needed to satisfy the Special Tax B requirement; Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax A for Approved Property. If additional moneys are needed to satisfy the Special Tax B Requirement after the first step has been completed, the Special Tax B shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax B for Approved Property; Third: If additional moneys are needed to satisfy the Special Tax A Requirement after the first two steps have been completed, the Special Tax A shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax A for Undeveloped Property. If additional moneys are needed to satisfy the Special Tax B Requirement after the first two steps have been completed, the Special Tax B shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax B for Undeveloped Property; Fourth: If additional moneys are needed to satisfy the Special Tax A Requirement after the first three steps have been completed, the Special Tax A to be levied on each Parcel of Developed Property whose Maximum Special Tax A is derived by the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to the Maximum Special Tax A for each such Parcel; Fifth: If additional moneys are needed to satisfy the Special Tax Requirement A after the first four steps have been completed, the Special Tax A shall be levied Proportionately on each Parcel of Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E., at up to 100% of the Maximum Special Tax A. Notwithstanding the above, under no circumstances will the Special Taxes levied against any Parcel of Residential Property be increased by more than ten percent (10%) per Fiscal Year as a consequence of delinquency or default by the owner of any other Parcel within the CFD. E. EXEMPTIONS The Board shall not levy Special Taxes on up to 33 Acres of Public School District Property. Any residential development or non-residential development occurring within these 33 Acres shall be assigned to the appropriate land use category as defined in Section B and will be taxed at the rates listed under Table 1 in Section C. The Board shall further not levy Special Taxes up to 232 Acres of Public Property and/or Property Owner's Association Property of the CFD. The CFD Administrator will assign Exempt Property status in the chronological order in which property becomes Public Property and/or Property Owner's Association Property. After the limit of Acres within each of the above has been reached, the Maximum Special Tax A obligation for any additional Public Property and/or Property Owner's Association Property shall be prepaid in full pursuant to Section H., prior to the transfer or dedication of such property. Until the Maximum Special Tax A obligation is prepaid as provided for in the preceding sentence, the Public Property and/or Property Owner's Association Property within the CFD shall be subject to the levy of the Special Tax as provided for in the fifth step in Section D. F. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary Ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act. G. REVIEW AND APPEAL Any taxpayer may file a written appeal of the Special Tax levied on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant's property. No refunds of previously paid Special Taxes shall be made. H. PREPAYMENT OF SPECIAL TAX The following definitions apply to this Section H: "CFD Public Facilities means $25,800,000 expressed in 2003 dollars, which shall increase by the Construction Inflation Index on July 1, 2004, and on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide the public facilities under the authorized bonding program of the CFD, or (ii) shall be determined by the Board of Directors concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture to hold funds that are currently available for expenditure to acquire or construct public facilities eligible to be funded by the CFD under the Act. "Construction Inflation Index" means the annual percentage change in the Engineering News-Record Building Cost Index for the City of Los Angeles, measured as of the calendar year, which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Engineering New-Record Building Cost Index for the City of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus public facility costs funded or available to be funded by the amount in the Construction Fund, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. "Outstanding Bonds" means all previously issued Bonds secured by the levy of Special Taxes, which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Taxes. 1. Prepayment in Full - Special Tax A The Maximum Special Tax A obligation may only be prepaid and permanently satisfied by a Parcel of Developed Property, Approved Property for which a building permit has been issued, or Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to Section E, except that a Special Tax B may be levied on such Parcel after the prepayment has occurred. The Maximum Special Tax A obligation applicable to such Parcel may be fully prepaid and the obligation of the Parcel to pay the Special Tax A permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to the Parcel at the time of prepayment. An owner of a Parcel intending to prepay the Maximum Special Tax A obligation shall provide the CFD Administrator with written notice of intent to prepay, and within 10 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the proper prepayment amount. Within 5 business days of receipt of such non- refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount of such Parcel. Prepayment must be made not less than 60 days prior to any redemption date, unless authorized by the CFD Administrator, for any Bonds to be redeemed with the proceeds of such prepaid Special Tax A. The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus plus plus plus less Total: equals Redemption Premium Future Facilities Amount Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: For Parcels of Developed Property, compute the Maximum Special Tax A for the Parcel to be prepaid. For Parcels of Approved Property to be prepaid, compute the Maximum Special Tax A for that Parcel as though it was already designated as Developed Proper[y, based upon the building permit, which has already been issued for that Parcel. For Parcels of Public Property and/or Property Owner's Association Property to be prepaid, compute the Maximum Special Tax A for that Parcel. Divide the Maximum Special Tax A computed pursuant to paragraph 1 by the total estimated Maximum Special Taxes A based on the Developed Property Special Tax A which could be charged on all expected development, less any Parcels which have been prepaid. Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amounf'). Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium'~. 5. Compute the Future Facilities Costs. Multiply the quotient computed pursuant to paragraph 2 by the amount determined pursuant to paragraph 5 to compute the amount of Future Facilities Costs to be prepaid (the "Future Facilities Amount'~ Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. B-10 8. Determine the Special Taxes A levied on the Parcel in the current Fiscal Year which have not yet been paid. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Bond Redemption Amount less the Future Facilities Amount from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 10. Add the amounts computed pursuant to paragraphs 7 and 8 and subtract the amount computed pursuant to paragraph 9 (the "Defeasance Amount'). 11. Verify the administrative fees and expenses, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming the Outstanding Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses"). 12. The reserve fund credit (the "Reserve Fund Credit') shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 13. The Maximum Special Tax A prepayment is equal to the sum of the amounts computed pursuant to paragraphs 3, 4, 6, 10 and 11, less the amount computed pursuant to paragraph 12 (the "Prepayment Amount'). 14. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 10 and 12 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 6 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 11 shall be retained by the CFD. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of Bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax A levy as determined under paragraph 8 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax A levy for such Parcel from the County tax rolls. With respect to any Parcel that is prepaid, the Board of Directors shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Tax A and the release of the Special Tax A lien on such Parcel, and the obligation of such Parcel to pay the Special Tax A shall cease. However, Special Tax B shall still be levied on such Parcel. Notwithstanding the foregoing, no Special Tax A prepayment shall be allowed unless the amount of Maximum Special Tax A that may be levied on Taxable Property after the proposed prepayment is at least 1.10 times the maximum annual debt service on all Outstanding Bonds. B-11 2. Prepayment in Part - Special Tax A The Maximum Special Tax A on a Parcel of Developed Property or a Parcel of Approved Property for which a building permit has been issued may be partially prepaid in increments of $5,000. The amount of the prepayment shall be calculated as in Section H.I., except that a partial prepayment shall be calculated according to the following formula: PP = ((Pe-A)x F)+A These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section H.1 F = the percent by which the owner of the Pamel(s) is partially prepaying the Maximum Special Tax A. A = the Administrative Fees and Expenses calculated according to Section H.1 An owner of a Parcel intending to partially prepay the Maximum Special Tax A shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Special Tax A, (ii) the percentage by which the Maximum Special Tax A shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if applicable, and within 10 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the proper amount of a partial prepayment. Within 5 business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the partial Prepayment Amount of such Parcel. Partial prepayment must be made not less than 60 days prior to any redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Tax A. With respect to any Parcel that is partially prepaid, the CFD Administrator shall (i) distribute the funds remitted to it according to Paragraph 14 of Section H.I., and (ii) indicate in the records of the CFD that there has been a partial prepayment of the Maximum Special Tax A and that a portion of the Maximum Special Tax A equal to the outstanding percentage (1.00 - F) of the remaining Maximum Special Tax A shall continue to be authorized to be levied on such Parcel pursuant to Section D. However, Special Tax B shall still be levied on such Parcel. I. TERM OF THE SPECIAL TAX Special Tax A shall be levied for a period not to exceed 50 Fiscal Years, commencing with Fiscal Year 2004-2005. All Pamels of Taxable Property within CFD No. 03-03 shall continue to be subject to the levy and collection of the Special Tax to satisfy the Special Tax B Requirement. B-12 EXHIBIT C TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) ASSESSOR'S PARCEL NUMBERS AND OWNERS OF LAND WITHIN THE DISTRICT County Assessor's Parcel Numbers 962-010-004 962-010-003 962-010-001 961-020-003 (Portion) 961-020-004 (Portion) 961-020-001 961-020-002 961-020-003 (Portion) 961-020-004 (Portion) Owner of Record of Parcels S-P Murdy, LLC c/o Spring Pacific Properties 15751 Rockfield Boulevard, Suite 100 Irvine, California 92618 Attention: William Griffith Wolf Creek Development, LLC c/o Standard Pacific of the Inland Empire 255 East Rincon Street, Suite 200 Corona, California 92879 Attention: Mike White ACQUISITION AGREEMENT by and between the TEMECULA PUBLIC FINANCING AUTHORITY and WOLF CREEK DEVELOPMENT, LLC Dated as of October 1, 2003 Relating to: Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) TABLE OF CONTENTS ARTICLE I DEFINITIONS Section 1.01. Definitions ............................................................................................................ 1 ARTICLE II RECITALS Section 2.01. The CFD .............................................................................................................. 4 Section 2.02. The Development ................................................................................................ 4 Section 2.03. The Facilities ....................................................................................................... 4 Section 2.04. The Financing ...................................................................................................... 4 Section 2.05. The Bonds ........................................................................................................... 4 Section 2.06. No Advantage to Authority Construction .............................................................. 4 Section 2.07. Agreements ......................................................................................................... 4 ARTICLE III FUNDING Section 3.01. Authority Proceedings .......................................................................................... 5 Section 3.02. Bonds .................................................................................................................. 5 Section 3.03. Bond Proceeds .................................................................................................... 5 Section 4.01. Section 4.02. Section 4.03. Section 4.04. Section 4,05. Section 4.06. Section 4.07. Section 4.08. ARTICLE IV CONSTRUCTION OF FACILITIES Plans ................................................................................................................... 7 Duty of Developer to Construct ............................................................................ 7 Relationship to Public Works; Bidding Requirements .......................................... 7 Independent Contractor ....................................................................................... 9 Performance and Payment Bonds ....................................................................... 9 Contracts and Change Orders ........................................................................... 10 Time for Completion .......................................................................................... 10 No Responsibility For Maintenance of Sound Walls ........................................... 10 Section 5.01. Section 5.02. Section 5,03. Section 5.04. Section 5,05. Section. 5,06, Section 5.07, Section 5,08. Section 5.09. Section 5.10. ARTICLE V ACQUISITION AND PAYMENT Inspection .......................................................................................................... 1 1 Agreement to Sell and Purchase Facilities ......................................................... 11 Payment Requests ............................................................................................ 11 Processing Payment Requests .......................................................................... 12 Payment ............................................................................................................ 12 Restrictions on Payments .................................................................................. 12 Acquisition of Additional Facilities ...................................................................... 15 Defective or Nonconforming Work ..................................................................... 15 Modification of Discrete Components ................................................................ 15 Right of Authority to Make Withdrawals From Improvement Fund ..................... 15 Section 6.01. Section 6.02. Section 6,03. Section 6.04. Section 6.05. Section 6.06. ARTICLE VI OWNERSHIP AND TRANSFER OF FACILITIES Facilities to be Owned by the City - Conveyance of Land and Easements to City ................................................................................................................ 16 Facilities to be Owned by the City - Title Evidence ............................................ 16 Facilities Constructed on Private Lands ............................................................. 16 Facilities Constructed on City Land .................................................................... 16 Facilities to be Acquired by Other Public Agencies ............................................ 16 Maintenance and Warranties ............................................................................. 17 Section 7.01. Section 7.02. ARTICLE VII INSURANCE; RESPONSIBILITY FOR DAMAGE Liability Insurance Requirements ....................................................................... 18 Responsibility for Damage ................................................................................. 20 Section 8.01. Section 8.02. ARTICLE VIII REPRESENTATIONS, WARRANTIES AND COVENANTS Representations, Covenants and Warranties of the Developer .......................... 22 Indemnification and Hold Harmless ................................................................... 23 ARTICLE IX TERMINATION Section 9.01. No Bonds ........................................................................................................... 25 Section 9.02. Mutual Consent .................................................................................................. 25 Section 9.03. Authority Election for Cause .............................................................................. 25 Section 9.04. Force Majeure ................................................................................................... 26 Section Section Section Section Section Section Section Section Section Section Section Section Section Section ARTICLE X MISCELLANEOUS 10.01. Limited Liability of Authority ............................................................................... 27 10.02. Excess Costs ..................................................................................................... 27 10.03. Audit .................................................................................................................. 27 10.04. Attorney's Fees .................................................................................................. 27 10.05. Notices .............................................................................................................. 27 10.06. Severability ........................................................................................................ 27 10.07. Successors and Assigns .................................................................................... 28 10.08. Other Agreements ............................................................................................. 28 10.09. Waiver ............................................................................................................... 28 10.10. Merger ............................................................................................................... 28 10.11. Parties in Interest ............................................................................................... 28 10.12. Amendment ....................................................................................................... 28 10.13. Counterparts ...................................................................................................... 28 10.14. Governing Law .................................................................................................. 28 EXHIBIT a EXHIBIT B DESCRIPTION OF FACILITIES ELIGIBLE FOR ACQUISITION FROM THE DEVELOPER DISCRETE COMPONENTS OF FACILITIES AND RELATED BUDGETED COSTS EXHIBIT C FORM OF PAYMENT REQUEST THIS ACQUISITION AGREEMENT (the "Acquisition Agreement"), dated as of October 1, 2003, 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 (the "Authority"), for the Authority's Community Facilities District No. 03-03 (Wolf Creek) (the "CFD") and Wolf Creek Development, LLC, a California limited liability company (the "Developer"). ARTICLE I DEFINITIONS Section 1.01. Definitions. The following terms shall have the meanings ascribed to them in this Section 1.01 for purposes of this Acquisition Agreement. Unless otherwise indicated, any other terms, capitalized or not, when used herein shall have the meanings ascribed to them in the Fiscal Agent Agreement (as hereinafter defined). "Acceptable Title" means title to land or interest therein, in form acceptable to the Director of Public Works, which title or interest is free and clear of all liens, taxes, assessments, leases, easements and encumbrances, whether or not recorded, but subject to any exceptions determined by the Director of Public Works as not interfering with the actual or intended use of the land or interest therein. Notwithstanding the foregoing, an irrevocable offer of dedication may constitute land with an "Acceptable Title" if: (i) such offer is necessary to satisfy a condition to a tentative or final parcel map, (ii) such offer is in a form acceptable to the Director of Public Works, (iii) the Director of Public Works has no reason to believe that such offer of dedication will not be accepted by the applicable public agency, and (iv) the Developer commits in writing not to allow any liens to be imposed on such property prior to its formal acceptance by the applicable public agency. "Acceptance Date" means the date the City Council of the City (or other public entity which is to own a Facility) takes final action to accept dedication of or transfer of title to a Facility. "Acquisition Agreement" means this Acquisition Agreement, together with any Supplement hereto. "Act" means the Mello-Roos Community Facilities Act of 1952, Sections 53311 et seq. of the California Government Code, as amended. "Actual Cost" means the substantiated cost of a Facility or a Discrete Component, which costs may include: (i) the costs (evidenced by payments to parties unrelated to the Developer) incurred by the Developer for the construction of such Facility or Discrete Component, (ii) the reasonable costs incurred by the Developer in preparing the Plans for such Facility or Discrete Component and the related costs of design, engineering and environmental evaluations of the Facility or Discrete Component, (iii) the fees paid to governmental agencies for obtaining permits, licenses or other governmental approvals for such Facility or Discrete Component, (iv) professional costs incurred by the Developer associated with such Facility or Discrete Component, such as engineering, legal, accounting, inspection, construction staking, materials testing and similar professional services; and (v) costs directly related to the construction and/or acquisition of a Facility or Discrete Component, such as costs of payment, performance and/or maintenance bonds, and insurance costs (including costs of any title insurance required hereunder). Actual Cost may include an amount not in excess of five percent (5%) of the cost described in clause (i) of the preceding paragraph in respect of any construction, project -1_- management or other similar fee payable to the Developer or any party related thereto. Actual Cost shall not include any financing fees, costs or charges, or any interest, cost of carry or other similar charges. "Affiliate" means any entity with respect to which fifty percent (50%) or more of the ownership or voting power is held individually or collectively by any of the Developer and any other entity owned, controlled or under common ownership or control by or with, as applicable, the Developer, and includes the managing member of any entity that is a limited liability company, and includes all general partners of any entity which is a partnership. Control shall mean ownership of fifty percent (50%) or more of the voting power of or ownership interest in the respective entity. "Authority" means the Temecula Public Financing Authority, a joint exercise of powers agency duly created and existing under the laws of the State. "Bonds" means the bonds designated "Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) Special Tax Bonds," to be issued by the Authority for the CFD. "Budgeted Cost" means the estimated cost of a Facility or Discrete Component as shown on Exhibit B hereto. "CFD" means the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek), created by the Board of Directors of the Authority under the Act. "City" means the City of Temecula, California. "Conditions of Approval" means the conditions of approvals and mitigation measures imposed in connection with the granting of the land use entitlements for the development of land in the CFD, and any subdivision improvement, development or other agreement with the City relating to the development of the land in the CFD or the installation of the Facilities. "County" means the County of Riverside, California. "Developer" means Wolf Creek Development, LLC, a California limited liability company, and its successors and assigns to the extent permitted under Section 10.07 hereof. "Director of Public Works" means the Director of Public Works of the City, or his written designee acting as such under this Acquisition Agreement. "Discrete Component" means a functional segment or component of a Facility that the Director of Public Works has agreed can be separately identified, inspected and completed, and be the subject of a Payment Request hereunder. The Discrete Components are shown on Exhibit B hereto. "Facilities" means the public facilities described in Exhibit A hereto which are eligible to be financed by the CFD. "Fiscal Agent" means U.S. Bank National Association, in its capacity as fiscal agent under the Fiscal Agent Agreement, or any successor thereto acting as fiscal agent under the FJscal Agent Agreement. -2- "Fiscal Agent Agreement" means the agreement by that name between the Authority and the Fiscal Agent, providing for, among other matters, the issuance of the Bonds and the establishment of the Improvement Fund, as it may be amended from time to time. "Improvement Fund" means the acquisition account within the fund by that name established by the Fiscal Agent Agreement. "Payment Request" means a document, substantially in the form of Exhibit C hereto, to be used by the Developer in requesting payment of a Purchase Price. "Plans" means the plans, specifications, schedules and related construction contracts for the Facilities and/or any Discrete Components thereof approved pursuant to the applicable standards of the City or other entity that will own, operate or maintain the Facilities when completed and acquired. As of the date of this Acquisition Agreement, the City standards for construction incorporate those set forth in the Green Book, Standard Specifications for Public Works Construction (SSPWC), by Public Works Standards, Inc., as modified by applicable City Special Provisions. "Purchase Price" means the amount paid by the Authority for a Facility and/or any Discrete Components thereof determined in accordance with Article V hereof, being an amount equal to the Actual Cost of such Facility or Discrete Component, but subject to the limitations and reductions provided for in Article V. "Risk Manager" shall mean the person acting in the capacity of Risk Manager for the city. "State" means the State of California. "Supplement" means a written document amending, supplementing or otherwise modifying this Acquisition Agreement and any exhibit hereto, including any amendments to the list of Facilities in Exhibit A, any amendments to the list of Facilities and their Budgeted Costs and the Discrete Components in Exhibit A and Exhibit B, and/or the addition to Exhibit B of additional Facilities (and Discrete Components) to be financed with the proceeds of the Bonds deposited in the Improvement Fund. -3- ARTICLE II RECITALS Section 2.01. The CFD. The Board of Directors of the Authority has established the CFD under the Act for the financing of, among other things, the acquisition, construction and installation of public facilities identified in the proceedings to form the CFD, which include the Facilities listed in Exhibit A hereto. Section 2.02. The Development. The Developer is developing land located within the CFD. Section 2.03. The Facilities. The Facilities are within or in the vicinity of the CFD, and the Authority and the Developer will benefit from a coordinated plan of design, engineering and construction of the Facilities and the development of the land owned by the Developer that is located within the CFD. The Developer acknowledges that the inclusion of Facilities in Exhibit A hereto in no way, in itself, obligates the Authority to issue any Bonds to finance the Facilities or implies that the Authority has in any way engaged the Developer to construct the Facilities, except as specifically provided in this Acquisition Agreement. The Facilities which are the subject of acquisition from the Developer under this Acquisition Agreement are only the Facilities listed in Exhibit A hereto, as such Exhibit may be amended and/or supplemented by any Supplement.. Section 2.04. The Financing. The Developer and the Authority wish to finance the acquisition of the Facilities by the City and the payment therefor by entering into this Acquisition Agreement for the acquisition of the Facilities and payment for Discrete Components thereof as shown in Exhibit B hereto (as it may be amended and supplemented) with a portion of the 3roceeds of the Bonds on deposit in the Improvement Fund. Section 2.05. The Bonds. The Authority is proceeding with the authorization and ~ssuance of the Bonds under the Act and the Fiscal Agent Agreement, the proceeds of which Bonds shall be used, in part, to finance the acquisition of all or a portion of the Facilities. The execution by the Authority of this Acquisition Agreement in no way obligates the Authority to issue any Bonds, or the City to acquire any Facilities financed with proceeds of any Bonds issued, except the Facilities listed in Exhibit A hereto which are to be acquired subject to the terms and conditions set forth in this Agreement. Section 2.06. No Advantage to Authority Construction. The Authority, by its approval of this Acquisition Agreement, has determined that it will obtain no advantage from undertaking the construction by the Authority directly of the Facilities, and that the provisions of this Acquisition Agreement require that the Facilities be constructed by the Developer as if they had been constructed under the direction and supervision of the Authority. The Developer hereby represents that it has experience in the supervision of the construction of public facilities of the character of the Facilities. Section 2.07. Agreements. In consideration of the mutual promises and covenants set forth herein, and for other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Authority and the Developer agree that the foregoing recitals, as applicable to each, are true and correct and further make the agreements set forth herein. ARTICLE III FUNDING Section 3.01. Authority Proceedings. The Authority shall conduct all necessary proceedings under the Act for the issuance, sale and delivery of the Bonds; provided, however, that nothing herein shall be construed as requiring the Authority to issue the Bonds or any portion thereof. Upon the written request of the Developer, the Developer and the Authority staff shall meet regarding the amount, timing and other material aspects of the Bonds, but the legal proceedings and the principal amount, interest rates, terms and conditions and timing of the sale of the Bonds shall be in all respects subject to the approval of the Board of Directors of the Authority. The authorized aggregate principal amount of the Bonds is $33,000,000, and the amount that the Authority anticipates depositing to the Improvement Fund is approximately $23,000,000. Section 3.02. Bonds. The Authority, in connection with this Acquisition Agreement, is proceeding with the issuance and delivery of the Bonds for the CFD. The Authority shall not be obligated to pay the Purchase Price of the Facilities or any Discrete Components thereof except from amounts on deposit in the Improvement Fund on or after the closing date of the Bonds. The Authority makes no warranty, express or implied, that the proceeds of the Bonds deposited and held in the Improvement Fund, and any investment earnings thereon deposited to the Improvement Fund, will be sufficient for payment of the Purchase Price of all of the Facilities. The Authority agrees that, in determining the principal amount of the Bonds to be issued, it will take into account a debt service coverage ratio of 110% (based upon the aggregate assigned special taxes authorized to be levied in the CFD upon buildout of the CFD and estimated annual administrative expenses of the CFD as a first priority for the use of special taxes of the CFD), and will require a minimum "value-to-lien" ratio of 3:1 determined in a manner consistent with the Authority's adopted Local Goals and Policies for Community Facilities Districts. The Authority agrees to consider the use of an escrow structure, at the Developer's request, in order to comply with the minimum 3:1 value-to-lien ratio requirement. Section 3.03. Bond Proceeds. The proceeds of the Bonds shall be deposited, held, invested, reinvested and disbursed as provided in the Fiscal Agent Agreement. A portion of the proceeds of the Bonds will be set aside under the Fiscal Agent Agreement in the Improvement Fund. Moneys in the Improvement Fund shall be withdrawn therefrom in accordance with the provisions of the Fiscal Agent Agreement and the applicable provisions hereof for payment of all or a portion of the costs of construction and/or acquisition of the Facilities (including payment of the Purchase Price of Discrete Components thereof), all as herein provided. The Developer agrees that the Authority alone shall direct the investment of the funds on deposit in the funds and accounts established by or pursuant to the Fiscal Agent Agreement, including the Improvement Fund, and that the Developer has no right whatsoever to direct investments under the Fiscal Agent Agreement. The Authority agrees to consider, in preparing the Fiscal Agent Agreement, provisions which allocate investment earnings on funds held thereunder during the period of construction of the Facilities to the Improvement Fund. The Authority shall have no responsibility whatsoever to the Developer with respect to any investment of funds made by the Fiscal Agent under the Fiscal Agent Agreement, including any loss of ail or a portion of the principal invested or any penalty for liquidation of an investment. Any such loss may diminish the amounts available in the Improvement Fund to pay -5- the Purchase Price of Facilities and Discrete Components hereunder. The Developer further acknowledges that the obligation of any owner of real property in the CFD, including the Developer to the extent it owns any real property in the CFD, to pay special taxes levied in the CFD is not in any way dependent on: (i) the availability of amounts in the Improvement Fund to pay for all or any portion of the Facilities or Discrete Components thereof hereunder, or (ii) the alleged or actual misconduct of the Authority in the performance of its obligations under this Acquisition Agreement, the Fiscal Agent Agreement, any developer agreement or amendment thereto or any other agreement to which the Developer and the City or the Authority are signatories. The Developer acknowledges that any lack of availability of amounts in the Improvement Fund to pay the Purchase Price of Facilities or any Discrete Components thereof shall in no way diminish any obligation of the Developer with respect to the construction of or contributions for public facilities required by the Conditions of Approval. ARTICLE IV CONSTRUCTION OF FACILITIES Section 4.01. Plans. To the extent that it has not already done so, the Developer shall cause Plans to be prepared for the Facilities. The Developer shall obtain the written approval of the Plans in accordance with applicable ordinances and regulations of the City and/or the public entity that will own and operate the Facilities. Copies of all Plans shall be provided by the Developer to the Director of Public Works upon request therefor, and, in any event, as built drawings and a written assignment of the Plans for any Facility shall be provided to the City prior to its acceptance of the Facility. Section 4.02. Duty of Developer to Construct. All Facilities to be acquired hereunder specified in Exhibit A hereto, as amended from time to time, shall be constructed by or at the direction of the Developer in accordance with the approved Plans and the Conditions of Approval. The Developer shall perform all of its obligations hereunder and shall conduct all operations with respect to the construction of Facilities in a good, workmanlike and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing their best efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. The Developer shall employ at all times adequate staff or consultants with the requisite experience necessary to administer and coordinate all work related to the design, engineering, acquisition, construction and installation of the Facilities to be acquired by the City from the Developer hereunder. The Developer shall be obligated: (i) to construct and cause conveyance to the City (or other applicable governmental agency) all Facilities and Discrete Components thereof listed in Exhibit B hereto, and (ii) to use its own funds to pay all costs thereof in excess of the Purchase Prices thereof to be paid therefor hereunder, except as may be otherwise expressly provided in the Conditions of Approval. The Developer shall not be relieved of its obligation to construct each Facility and Discrete Component thereof listed in Exhibit B hereto and convey each such Facility to the City in accordance with the terms hereof, even if, (i) because of the limitations imposed by Section 5.06 hereof, the Pumhase Price for such Discrete Component or Facility is less that the Actual Cost, or cost to the Developer, of such Discrete Component or Facility, or (ii) there are insufficient funds in the Improvement Fund to pay the Purchase Prices thereof, and, in any event, this Acquisition Agreement shall not affect any obligation of any owner of land in the CFD under the Conditions of Approval with respect to the public improvements required in connection with the development of the land within the CFD. Section 4.03. Relationship to Public Works; Bidding Requirements. The following shall apply to all contracts applicable to the Facilities and any Discrete Components thereof acquired with funds withdrawn from the Improvement Fund: A. General. This Acquisition Agreement is for the acquisition by the City of the Facilities and payment for Discrete Components thereof listed in Exhibit B hereto from moneys in the Improvement Fund and is not intended to be a public works contract. The Authority and the Developer agree that the Facilities are of local, and not state-wide concern, and that the provisions of the California Public Contract Code shall not apply to the construction of the Facilities. The Authority and the Developer agree -7- that the Developer shall award all contracts for the construction of the Facilities and the Discrete Components thereof listed in Exhibit B hereto and that this Acquisition Agreement is necessary to assure the timely and satisfactory completion of the Facilities and that compliance with the Public Contract Code with respect to the Facilities would work an incongruity and would not produce an advantage to the Authority or the CFD. B. Bidding Procedures. Notwithstanding the foregoing, the Developer shall award all contracts for construction of the Facilities and any Discrete Components thereof, and materials related thereto, by means of a bid process consistent with this Section 4.03 B. or otherwise acceptable to the Director of Public Works, in each case consistent with applicable City regulations. The Developer shall establish a list of written criteria acceptable to the Director of Public Works (including experience, ability to perform on schedule and financial ability) to determine qualified contractors for any contract. Such general contractors shall comply with any applicable City regulations. Formal bids shall be requested from those entities on the list of qualified contractors. The Developer shall prepare bid packages, including engineering reports and estimates, for each of the Facilities (or any specific Discrete Components thereof to be separately bid), and shall submit such packages to the Director of Public Works, reasonably in advance of the anticipated bid, for review. If the Developer would like the option to proceed under the provisions of Section 4.03 C. below, the bid documents shall expressly disclose the rights of the Developer to elect to perform or have its agent perform the work with a specific reference to Section 53329.5 of the Act. Upon agreement by the Director of Public Works and the Developer on the content of such bid packages and a schedule of bid prices, plus an acceptable margin of variance, the Developer may proceed to take bids on the applicable Facilities (or Discrete Components). At the reasonable request of the Developer, the Director of Public Works shall also meet with the qualified general contractors to discuss the requirements of the particular contract to be bid. Bids for each Facility or Discrete Component shall be submitted to the Director of Public Works prior to the time and date prescribed for bid opening. If a bid is within the constraints of the approved bid package, the Developer shall, subject to the provisions of Section 4.03 C. below, award the applicable contract to the lowest responsible bidder. If all bids are in excess of the bid parameters, the Developer shall obtain the consent of the Director of Public Works prior to awarding the contract. Upon written request of the Director of Public Works, the Developer shall provide an analysis of bids for construction and materials for the Facilities or applicable Discrete Components, indicating how the winning bid was determined and how it was consistent with the applicable bid package. The Developer shall promptly publish notice of the award of any contract in such paper as the Director of Public Works shall specify. C. Developer's Election to Perform Work. Notwithstanding the provisions of Section 4.03 B. above, and in accordance with Section 53329.5 of the Act, if at the time bids are received for any particular Facility or Discrete Component the Developer owns three-fourths of the area of lands in the CFD taxed or liable to be taxed for purposes of the CFD, the Developer or a designated agent thereof (who shall provide the Director of Public Works with a written declaration under penalty of perjury in form acceptable to the Director of Public Works to the effect that the Developer so owns such land and, if applicable, that such other entity is such an agent), the Developer or its designated agent may, within 10 days after the publication of the notice of the bid results, elect to perform the work and enter into a written contract to do the whole work at prices not -8- exceeding the prices specified in the bid of the lowest responsible bidder, and all work done under the contract shall be subject to all provisions of this Acquisition Agreement other than the requirement that the contract work be awarded to and performed by the Iow bidder. The Developer shall advise the Director of Public Works of any election under the preceding sentence, and shall promptly provide written notice to the lowest responsible bidder of its election to perform the work, and that the services of such winning bidder will no longer be required. The Developer (and its agents) may only avail itself of the foregoing provisions of this Section 4.03 C. if the bid documents for the respective Facility or Discrete Component expressly disclosed its right to do so, as required by the second paragraph of Section 4.03 B. above. If the Developer elects not to perform the work and not to enter into a written contract for that work within 10 days of publication of the bid results of the contract (as evidenced by its failure to provide the written notices described in the second preceding sentence within such 10 day period), or if the Developer (or its agent, as applicable) fails to commence the work within 15 days after the date of the written contract entered into by the Developer (or its agent) and the Authority and to continue that work with diligence to completion, as determined by the Board of Directors of the Authority, a contract shall be entered into by the Authority, on behalf of the CFD with the original lowest responsible bidder to whom the contract would have been awarded at the prices specified in his or her bid. D. Schedulinq. The Developer shall develop or cause to be developed and shall maintain or cause to be maintained a schedule, using the critical path method, for the construction of the Facilities to be acquired hereunder. The Developer shall provide the Director of Public Works with complete copies of the schedule with each update to the schedule for the Director's review. E. Periodic Meetin.qs. From time to time (expected to be at least every two weeks) at the request of the Director of Public Works, representatives of the Developer shall meet and confer with City staff, consultants and contractors regarding matters arising hereunder with respect to the Facilities, Discrete Components and the progress in constructing and acquiring the same, and as to any other matter related to the Facilities or this Acquisition Agreement. The Developer shall advise the Director of Public Works in advance of any coordination and scheduling meetings to be held with contractors relating to the Facilities, in the ordinary course of performance of an individual contract. The Director of Public Works or the Director of Public Work's designated representative shall have the right to be present at such meetings, and to meet and confer with individual contractors if deemed advisable by the Director of Public Works to resolve disputes and/or ensure the proper completion of the Facilities. Section 4.04. Independent Contractor. In performing this Acquisition Agreement, the Developer is an independent contractor and not the agent or employee of the Authority, the City or the CFD. None of the City, the Authority or the CFD shall be responsible for making any payments directly or otherwise to any contractor, subcontractor, agent, consultant, employee or supplier of the Developer. Section 4.05. Performance and Payment Bonds. The Developer agrees to comply with all applicable performance and payment bonding requirements of the Authority (and other applicable public entities and/or public utilities) with respect to the construction of the Facilities. Performance and payment bonds shall not be required of the Developer to the extent moneys are available in the Improvement Fund to pay the Pumhase Price of a Facility (and consistent -9- with the Budgeted Costs therefore shown in Exhibit B and the limitations expressed in Section 5.06 hereof); provided that all contractors and/or subcontractors employed by the Developer in connection with the construction of Facilities shall provide a labor and materials and performance bonds which name the Authority and the City as additional insurads. Section 4.06. Contracts and Change Orders. The Developer shall be responsible for entering into all contracts and any supplemental agreements (commonly referred to as "change orders") required for the construction of the Facilities listed in Exhibit A hereto, as amended from time to time, and all such contracts and supplemental agreements shall be submitted to the Director of Public Works. Prior approval of supplemental agreements by the Director of Public Works shall only be required for such change orders which in any way materially alter the quality or character of the subject Facilities, or which involve an amount greater than $5,000.00. The Authority expects that such contracts and supplemental agreements needing prior approval by the Director of Public Works will be approved or denied (any such denial to be in writing, stating the reasons for denial and the actions, if any, that can be taken to obtain later appreval) within ten (10) business days of receipt by the Director of Public Works thereof. Any approval by the Director of Public Works of a supplemental agreement shall in no way affect the Budgeted Costs listed in Exhibit B for any related Facility or Discrete Component, but to the extent that it increases the Actual Cost of a Facility or Discrete Component, such increased cost may be payable as part of the Purchase Price of the related Facility or Discrete Component as provided in Section 5.06A. hereof. Section 4.07. Time for Completion. The Developer agrees that this Acquisition Agreement is for the benefit of the Authority and the Developer and, therefore, the Developer represents that it expects to complete the Facilities and to have requested payment for the Facilities under this ,Acquisition Agreement within thirty-six (36) calendar months from the date of the closing of the Bonds. Any failure to complete the Facilities within said time period shall not, however, in itself, constitute a breach by the Developer of the terms of this Acquisition Agreement. Section 4.08. No Responsibility For Maintenance of Sound Walls. Notwithstanding any other provision of this Acquisition Agreement, neither the City nor the Authority shall have any responsibility whatsoever to maintain any sound wall funded from amounts in the Improvement Fund. ARTICLE V ACQUISITION AND PAYMENT Section 5.01. Inspection. No payment hereunder shall be made by the Authority to the Developer for a Facility or Discrete Component thereof until the Facility or Discrete Component thereof has been inspected and found to be completed in accordance with the approved Plans by the City or other applicable public entity or utility. The Authority shall cause the City to make periodic site inspections of the Facilities to be acquired hereunder; provided that in no event shall the Authority incur any liability for any delay in the inspection of any Facilities or Discrete Components. For Facilities to be acquired by other public entities or utilities, the Developer shall be responsible for obtaining such inspections and providing written evidence thereof to the Director of Public Works. The Developer agrees to pay all inspection, permit and other similar fees of the City applicable to construction of the Facilities, subject to reimbursement therefor as an Actual Cost of the related Facility. Section 5.02. Agreement to Sell and Purchase Facilities. The Developer hereby agrees to sell the Facilities listed in Exhibit A hereto to the City (or other applicable public agency that will own a Facility), and the Authority hereby agrees to use amounts in the Improvement Fund to pay the Purchase Prices thereof to the Developer, subject to the terms and conditions hereof. The Authority shall not be obligated to finance the purchase of any Facility until the Facility is completed and the Acceptance Date for such Facility has occurred; provided that the Authority has agreed hereunder to make payments to the Developer for certain Discrete Components of Facilities expressly shown in Exhibit B hereto, as it may be supplemented by any Supplement. The Developer acknowledges that the Discrete Components have been identified for payment purposes only, and that the City (or other applicable public agency that will own a Facility) shall not accept a Facility of which a Discrete Component is a part until the entire Facility has been completed. The Authority acknowledges that the Discrete Components do not have to be accepted by the City (or other applicable public agency that will own a Facility) as a condition precedent to the payment of the Purchase Price therefor, but any such payment shall not be made until the Discrete Component has been completed in accordance with the Plans therefor, as determined by the Director of Public Works. In any event, the Authority shall not be obligated to pay the Purchase Price for any Facility or Discrete Component except from the moneys in the Improvement Fund. Section 5.03. Payment Requests. In order to receive the Purchase Price for a completed Facility or Discrete Component, inspection thereof under Section 5.01 shall have been made and the Developer shall deliver to the Director of Public Works: (i) a Payment Request in the form of Exhibit C hereto for such Facility or Discrete Component, together with all attachments and exhibits required by Exhibit C and this Section 5.03 to be included therewith (including, but not limited to Attachments 1 and 2 to Exhibit C), and (ii) if payment is requested for a completed Facility, (a) if the property on which the Facility is located is not owned by the City (or other applicable public agency that will own the Facility) at the time of the request, a copy of the recorded documents conveying to the City (or other applicable public agency that will own the Facility) Acceptable Title to the real property on, in or over which such Facility is located, as described in Section 6.01 hereof, (b) a copy of the recorded notice of completion of such Facility (if applicable), (c) to the extent paid for with the proceeds of the Bonds, an assignment to the CFD of any reimbursements that may be payable with respect to the Facility, such as public or private utility reimbursements, and (d) an assignment of the warranties and guaranties for such Facility, as described in Section 6.05 hereof, in a form acceptable to the Authority. -Il- Section 5.04. Processing Payment Requests. Upon receipt of a Payment Request (and all accompanying documentation), the Director of Public Works shall conduct a review in order to confirm that such request is complete, that such Discrete Component or Facility identified therein was constructed in accordance with the Plans therefor, and to verify and approve the Actual Cost of such Discrete Component or Facility specified in such Payment Request. The Director of Public Works shall also conduct such review as is required in his discretion to confirm the matters certified in the Payment Request. The Developer agrees to cooperate with the Director of Public Works in conducting each such review and to provide the Director of Public Works with such additional information and documentation as is reasonably necessary for the Director of Public Works to conclude each such review. For any Facilities to be acquired by another public entity or utility, the Developer shall provide evidence acceptable to the Director of Public Works that such Facilities are acceptable to such entity or utility. Within ten (10) business days of receipt of any Payment Request, the Director of Public Works expects to review the request for completeness and notify the Developer whether such Payment Request is complete, and, if not, what additional documentation must be provided. If such Payment Request is complete, the Director of Public Works expects to provide a written approval or denial (specifying the reason for any denial) of the request within 30 days of its submittal. If a Payment Request seeking reimbursement for more than one Facility or Discrete Component is denied, the Director of Public Works shall state whether the Payment Request is nevertheless approved and complete for any one or more Facilities or Discrete Components and any such Facilities or Discrete Components shall be processed for payment under Section 5.05 notwithstanding such partial denial. Section 5.05. Payment. Upon approval of the Payment Request by the Director of Public Works, the Director of Public Works shall sign the Payment Request and forward the same to the City's Director of Finance. Upon receipt of the reviewed and fully signed Payment Request, the City's Director of Finance shall, within the then current City financial accounting payment cycle but in any event within thirty (30) days of receipt of the approved Payment Request, cause the same to be paid by the Fiscal Agent under the applicable provisions of the Fiscal Agent Agreement, to the extent of funds then on deposit in the Improvement Fund. Any approved Payment Request not paid due to an insufficiency of funds in the Improvement Fund, shall be paid promptly following the deposit into the Improvement Fund of proceeds of any investment earnings or other amounts transferred to the Improvement Fund under the terms of the Fiscal Agent Agreement. The Purchase Price paid hereunder for any Facility or Discrete Component shall constitute payment in full for such Facility or Discrete Component, including, without limitation, payment for all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of such Facility or Discrete Component, as specified in the Plans. Section 5.06. Restrictions on Payments. Notwithstanding any other provisions of this Acquisition Agreement, the following restrictions shall apply to any payments made to the Developer under Sections 5.02 and 5.05 hereof: A. Amounts of Payments. Subject to the following paragraphs of this Section 5.06, payments for each Discrete Component or Facility will be made only in the amount of the Purchase Price for the respective Discrete Component or Facility; however, if the Actual Cost exceeds the Budgeted Cost for a Discrete Component or a Facility, the excess shall be borne by the Developer until such time as a Budgeted Cost for another Discrete Component or Facility is greater than the Actual Cost therefore, in which event -12- the savings shall be applied to reduce any excess of Actual Cost over Budgeted Cost previously paid for any Facility or Discrete Component by the Developer. Any savings attributable to the Actual Cost being less than Budgeted Cost which are not disbursed under the previous sentence to cover unreimbursed Actual Costs or as otherwise consented to by the Developer shall be carried forward to be credited against future cost overruns, or costs related to supplemental agreements (change orders), or if 'not needed for either of the foregoing purposes, to be disposed of as provided in the Fiscal Agent Agreement for excess monies in the Improvement Fund. Nothing herein shall require the Authority in any event (i) to pay more than the Actual Cost of a Facility or Discrete Component, or (ii) to make any payment beyond the available funds in the improvement Fund. The parties hereto acknowledge and agree that all payments to the Developer for the Purchase Prices of Facilities or Discrete Components are intended to be reimbursements to the Developer for monies already expended or for immediate payment by the Developer (or directly by the Authority) to third parties in respect of such Facilities and/or Discrete Components. B. Joint or Third Party Payments. The Authority may make any payment jointly to the Developer and any mortgagee or trust deed beneficiary, contractor or supplier of materials, as their interests may appear, or solely to any such third party, if the Developer so requests the same in writing or as the Authority otherwise determines such joint or third party payment is necessary to obtain lien releases. C. Withholdin.q Payments. The Authority shall be entitled, but shall not be required, to withhold any payment hereunder for a Discrete Component or a Facility if the Developer or any Affiliate is delinquent in the payment of ad valorem real property taxes, special assessments or taxes, or Special Taxes levied in the CFD. In the event of any such delinquency, the Authority shall only make payments hereunder, should any be made at the Authority's sole discretion, directly to contractors or other third parties employed in connection with the construction of the Facilities or to any assignee of the Developer's interests in this Acquisition Agreement (and not to the Developer or any Affiliate), until such time as the Developer provides the Director of Public Works with evidence that all such delinquent taxes and assessments have been paid. The Authority shall withhold payment for any Discrete Component or Facility constructed on land, not previously dedicated or otherwise conveyed to the City until Acceptable Title to such land is conveyed to the City or other public entity that will own the respective Facility, as described in Article VI hereof. The Authority shall be entitled to withhold any payment hereunder for a Discrete Component that is the subject of a Payment Request until it is satisfied that any and all claims for labor and materials have been paid by the Developer for the Discrete Component that is the subject of a Payment Request, or conditional lien releases have been provided by the Developer for such Discrete Component. The Authority, in its discretion, may waive this limitation upon the provision by the Developer of sureties, undertakings, securities and/or bonds of the Developer or appropriate contractors or subcontractors and deemed satisfactory by the Director of Public Works to assure payment of such claims. The Authority shall be entitled to withhold payment for any Facility hereunder to be owned by the City (or the final Discrete Component of any such Facility) until: (i) the Director of Public Works determines that the Facility is ready for its intended use, (ii) the -13- Acceptance Date for the Facility has occurred and the requirements of Section 6.01, if applicable to such Facility, have been satisfied, and (iii) a Notice of Completion executed by the Developer, in a form acceptable to the Director of Public Works, has been recorded for the Facility and general lien releases conditioned solely upon payment from the proceeds of the Bonds to be used to acquire such Facility (or final Discrete Component) have been submitted to the Director of Public Works for the Facility. The Authority hereby agrees that the Developer shall have the dght to post or cause the appropriate contractor or subcontractor to post a bond with the City to indemnify it for any losses sustained by the City or the Authority because of any liens that may exist at the time of acceptance of such a Facility, so long as such bond is drawn on an obligor and is otherwise in a form acceptable to the Director of Public Works. The Authority shall be entitled to withhold payment for any Facility (or the final Discrete Component of any such Facility) to be owned by other governmental entities, until the Developer provides the Director of Public Works with evidence that the governmental entity has accepted dedication of and/or title to the Facility. If the Director of Public Works determines that a Facility is not ready for intended use under (i) above, the Director of Public Works shall so notify the Developer as soon as reasonably practicable in writing specifying the reason(s) therefor. Nothing in this Acquisition Agreement shall be deemed to prohibit the Developer from contesting in good faith the validity or amount of any mechanics or materialmans lien nor limit the remedies available to the Developer with respect thereto so long as such delay in performance shall not subject the Facilities or any Discrete Component thereof to foreclosure, forfeiture or sale. In the event that any such lien is contested, the Developer shall only be required to post or cause the delivery of a bond in an amount equal to twice the amount in dispute with respect to any such contested lien, so long as such bond is drawn on an obligor and is otherwise in a form acceptable to the Director of Public Works. D. Retention. The Authority shall withhold in the Improvement Fund an amount equal to ten percent (10%) of the Purchase Price of each Facility or Discrete Component to be paid hereunder. Any such retention will be released to the Developer upon final completion and acceptance of the related Facility and the expiration of a maintenance period consistent with applicable City policy thereafter (currently a one year warranty period for any landscaping, and upon receipt of a maintenance bond acceptable to the Director of Public Works to remain in effect for one year as to other Facilities). Notwithstanding the foregoing, the Developer shall be entitled to payment of any such retention upon the completion and acceptance of a Facility or Discrete Component, if a maintenance or warranty bond is posted in lieu thereof in accordance with Section 6.06 hereof. Payment of any retention shall also be contingent upon the availability of monies in the Improvement Fund therefor. No retention shall apply if the Developer proves to the Director of Public Work's satisfaction that the Developer's contracts for the Facilities (or Discrete Components) provide for the same retention as herein provided, so that the Purchase Price paid for the Facility or Discrete Component is at all times net of the required retention. E. Frequency. Unless otherwise agreed to by the Director of Public Works, no more than one Payment Request shall be submitted by the Developer in any calendar month. F. Riqht-of-Way. Payments for any right-of-way described in Exhibit B hereto shall be based upon appraisals of the respective land to be acquired in a form acceptable to the Director of Public Works, or upon such other basis as the Director of Public Works shall determine is appropriate in the circumstances. Section 5.07. Acquisition of Additional Facilities. If the construction and acquisition of all the Facilities theretofore listed in Exhibit B have been completed and the Purchase Prices (including any retentions described in 5.06D. above) with respect thereto have been paid, and funds remain on deposit in the Improvement Fund, the Authority and the Developer may designate in a Supplement hereto, Facilities (and/or Discrete Components thereof) to be constructed and acquired with such remaining funds to be selected from the list of Facilities in Exhibit A. Section 5.08. Defective or Nonconforming Work. If any of the work done or materials furnished for a Facility or Discrete Component are found by the Director of Public Works to be defective or not in accordance with the applicable Plans: (i) and such finding is made prior to payment for the Purchase Price of such Facility or Discrete Component hereunder, the Authority may withhold payment therefor until such defect or nonconformance is corrected to the satisfaction of the Director of Public Works, or (ii) and such finding is made after payment of the Purchase Price of such Facility or Discrete Component, the Authority and the Developer shall act in accordance with the City's standard specification for public works construction (which are set forth in the Green Book, Standard Specifications for Public Works Construction (SSPWC), by Public Works Standards, Inc., as modified by applicable City Special Provisions). Section 5.09. Modification of Discrete Components. Upon written request of the Developer, the Director of Public Works shall consider modification of the description of any Discrete Component. Any such modification shall be subject to the written approval of the Director of Public Works, and shall not diminish the overall Facilities to be provided by the Developer hereunder (in a material way such that the change invalidates any of the assumptions used in the appraisal conducted to sell the Bonds). It is expected that any such modification will be solely for purposes of dividing up the work included in any Discrete Component for purposes of acceptance and payment, for example: (i) separation of irrigation and landscaping from other components of a Discrete Component, (ii) modifications to allow for payment for roadway improvements prior to completion of the top course of paving, or (iii) division of utility construction by utility work orders. In most instances, the Director of Public Works will only approve modifications for payment purposes when there will be an unusual period of time between the completion and acceptance of such divided work or to better implement the phasing of the overall construction of the Facilities; but no such circumstances shall this Section in any way obligate the Director of Public Works to approve such modification. Section 5.10. Right of Authority to Make Withdrawals From Improvement Fund. The Authority shall have the right to withdraw funds from the Improvement Fund as necessary to pay costs of construction of Pechanga Parkway (as such facility is identified in the resolution of intention to form the CFD adopted by the Authority on July 22, 2003) to the extent that proceeds of the Bonds deposited to the City Account created under (and as such term is defined in) the Fiscal Agent Agreement and other City funds specifically allocated for such purpose are insufficient to pay all of the costs of construction of such improvements. Any such withdrawals will reduce the amount in the Improvement Fund that can be used to pay the Purchase Prices of Facilities hereunder. -!5- ARTICLE VI OWNERSHIP AND TRANSFER OF FACILITIES Section 6.01. Facilities to be Owned by the City - Conveyance of Land and Easements to City. Acceptable Title to all property on, in or over which each Facility to be acquired by the City will be located, shall be deeded over to the City by way of grant deed, quitclaim, irrevocable offer of dedication or dedication of such property, or easement thereon, if such conveyance of interest is approved by the City as being a sufficient interest therein to permit the City to properly own, operate and maintain such Facility located therein, thereon or thereover, and to permit the Developer to perform its obligations as set forth in this Acquisition Agreement. The Developer agrees to assist the City in obtaining such documents as are required to obtain Acceptable Title. Completion of the transfer of title to land shall be accomplished prior to the payment of the Purchase Price for a Facility (or the last Discrete Component thereof) and shall be evidenced by recordation of the acceptance thereof by the City Council or the designee thereof. Section 6.02. Facilities to be Owned by the City - Title Evidence. Upon the request of the City, the Developer shall furnish to the City a preliminary title report for land with respect to Facilities to be acquired by the City and not previously dedicated or otherwise conveyed to the City, for review and approval at least fifteen (15) calendar days prior to the transfer of Acceptable Title to a Facility to the City. The Director of Public Works shall approve the preliminary title report unless it reveals a matter which, in the judgment of the City, could materially affect the City's use and enjoyment of any part of the property or easement covered by the preliminary title report for the purpose for which the property or easement is being conveyed. In the event the City does not approve the preliminary title report, the City shall not be obligated to accept title to such Facility and the Authority shall not be obligated to pay the Purchase Price for such Facility (or the last Discrete Component thereof) until the Developer has cured such objections to title to the satisfaction of the City. Section 6.03. Facilities Constructed on Private Lands. If any Facilities to be acquired are located on privately-owned land, the owner thereof shall retain title to the land and the completed Facilities until acquisition of the Facilities under Article V hereof. Pending the completion of such transfer, the Developer shall not be entitled to receive any payment for any such Facility or the last Discrete Component thereof. The Developer shall, however, be entitled to receive payment for Discrete Components (other than the last Discrete Component) upon making an irrevocable offer of dedication of such land in form and substance acceptable to the Director of Public Works. Notwithstanding the foregoing, upon written request of the Director of Public Works before payment for any Discrete Component of such a Facility, the Developer shall convey or cause to be conveyed Acceptable Title thereto in the manner described in Sections 6.01 and 6.02 hereof. Section 6.04. Facilities Constructed on City Land. If the Facilities to be acquired are on land owned by the Authority, the Authority shall cause the City to grant to the Developer a license to enter upon such land for purposes related to the construction (and maintenance pending acquisition) of the Facilities. The provisions for inspection and acceptance of such Facilities otherwise provided herein shall apply. Section 6.05. Facilities to be Acquired by Other Public Agencies. With respect to any Facility to be acquired by a public entity other than the City, the Developer shall comply with such entities rules and regulations regarding title and conveyance of property, and provide the Director of Public Works with evidence of such compliance, prior to the payment of the Purchase Price for any such Facility (or the last Discrete Component thereof). Section 6.06. Maintenance and Warranties. The Developer shall maintain each Discrete Component in good and safe condition until the Acceptance Date of the Facility of which such Discrete Component is a part. Prior to the Acceptance Date, the Developer shall be responsible for performing any required maintenance on any completed Discrete Component or Facility. On or before the Acceptance Date of the Facility, the Developer shall assign to the Authority all of the Developer's dghts in any warranties, guarantees, maintenance obligations or other evidence of contingent obligations of third persons with respect to such Facility. The Developer shall maintain or cause to be maintained each Facility to be owned by the City (including the repair or replacement thereof) for a period of one year from the Acceptance Date thereof, or, alternatively, shall provide a bond reasonably acceptable in form and substance to the Director of Public Works for such period and for such purpose (specifically, a one-year maintenance period for landscaping improvements, and for the posting of a warranty bond to remain in effect for one year as to other Facilities), to insure that defects, which appear within said period will be repaired, replaced, or corrected by the Developer, at its own cost and expense, to the satisfaction of the Director of Public Works. The Developer shall commence to repair, replace or correct any such defects within thirty (30) days after written notice thereof by the Authority to the Developer, and shall complete such repairs, replacement or correction as soon as practicable. After such one-year period, the City (or other public entity that has accepted title to the Facility) shall be responsible for maintaining such Facility. Any warranties, guarantees or other evidences of contingent obligations of third persons with respect to the Facilities to be acquired by the City shall be delivered to the Director of Public Works as part of the transfer of title. ARTICLE VII INSURANCE; RESPONSIBILITY FOR DAMAGE Section 7.01. Liability Insurance Requirements. The Developer shall provide to the Director of Public Works evidence of insurance and endorsements thereto on forms acceptable to the Risk Manager within 10 working days of execution by it of this Acquisition Agreement and prior to any physical work on the Facilities being performed. The Developer shall procure and maintain for the duration of this Acquisition Agreement the following minimum insurance coverage and limits against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work covered by this Acquisition Agreement by the Developer, its agents, representatives, employees or subcontractors: (a) Premises, operation and mobile equipment. (b) Products and completed operations. (c) Explosion, collapse and underground hazards. (d) Personal injury. (e) Contractual liability. (f) Errors and omissions for work performed by design professionals. COVERAGE PER OCCURRENCE Commercial General Liability (Primary) Umbrella Liability (Over Primary, if required) Business Auto Workers' Compensation/ Employers' Liability Errors and Omissions ISO FORM CG 00 0111 85 or 88 Rev. $2,000,000 GL 00 0111 85 or 88 Rev. $1,000,000 CA 00 01 06 92 $1,000,000 Statutory $1,000,000 $1,000,000 Combined single limit per occurrence shall include coverage for bodily injury, personal injury, and property damage for each accident and a five million dollar ($5,000,000) general aggregate. Insurance shall be placed with insurers admitted to the State of California with an AM Best's Rating of no less than A:VII. The Developer shall furnish to the Risk Manager certificates of insurance and endorsements on forms specified by the Risk Manager, duly authenticated, giving evidence of the insurance coverage required in this contract and other evidence of coverage or copies of policies as may be reasonably required by the Risk Manager from time to time. Each required insurance policy coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after fifteen (15) days written notice by certified mail, return receipt requested, has been given to the Risk Manager. Liability coverage shall not be limited to the vicarious liability or supervising role of any additional insured nor shall there be any limitation with the severability clause. Coverage shall contain no limitation endorsements and there shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment related practices. -!8- Any umbrella liability coverage shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum, and shall include a "drop down" provision providing primary coverage above a maximum $25,000.00 self-insured retention for liability not covered by primary polices not covered by the umbrella policy. Coverage shall be following form to any other underlying coverage. Coverage shall be on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross policy exclusion and no limitation endorsement. The policy shall have starting and ending dates concurrent with the underlying coverage. All liability insurance shall be on an occurrence basis. Insurance on a claims made basis will be rejected. Any deductibles or self-insured retentions shall be declared to and approved by the Risk Manager. The insurer shall provide an endorsement to the City eliminating such deductibles or self-insured retentions as respects the Authority, and its consultants, and each of its Boardmembers, officials, employees and volunteers. All subcontractors employed on the work referred to in this Acquisition Agreement shall meet the insurance requirements set forth in this Section 7.01 for the Developer. The Developer shall furnish certificates of insurance and endorsements for each subcontractor at least five days prior to the subcontractor entering the job site, or the Developer shall furnish the Risk Manager an endorsement including all subcontractors as insureds under its policies. Neither the City nor the Authority shall be liable for any accident, loss, or damage to the work prior to its completion and acceptance, and the Developer shall save, keep and hold harmless the Authority, the City and their consultants, and each of their Boardmembers, Councilmembers, officers, officials, employees, agents and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be claimed because of damages to property, or personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the Developer or any of the Developer's employees, or any subcontractor. The cost of insurance required by this subsection shall be born by the subcontractors and no compensation for purchasing insurance or additional to meet these requirements will be paid for by the Authority. Developer and its coverage needed In the event that any required insurance is reduced in coverage, canceled for any reason, voided or suspended, the Developer agrees that the Authority may arrange for insurance coverage as specified, and the Developer further agrees that administrative and premium costs may be deducted from any deposits or bonds the Authority may have, or from the Improvement Fund. A reduction or cancellation will be grounds for termination of this Acquisition Agreement and will cause a halt to payment for any work on the Facilities until the insurance is reestablished. Liability policies shall contain, or be endorsed to contain the following provisions: (a) General Liability and Automobile Liability: The Authority, the City and their respective consultants, and each of their Boardmembers, Councilmembers, officers, officials, employees and volunteers shall be covered as additional insureds using ISO form CG 00 01 11 85 or 88 as it respects: liability arising out of activities performed by or on behalf of the Developer; products and completed operations of the Developer' premises owned, occupied or used by the Developer; or automobiles owned, leased, hired or borrowed by the Developer. The coverage shall contain no special limitations on the scope or protection afforded to the Authority, the City and their respective -lc). consultants, and each of their respective Boardmembers, Councilmembers, officers, officials, employees, or volunteers. The Developer's insurance coverage shall be primary insurance with respect to the Authority, the City and their respective consultants, and each of their respective Boardmembers, Councilmembers, officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Authority, the City and their respective consultants, and each of their respective Boardmembers, Councilmembers, officers, officials, employees and volunteers shall be excess of the Developer's insurance and shall not contribute with it. Any failure to comply with reporting previsions of the policies shall not affect coverage provided to the Authority, the City, and their respective consultants, and each of their respective Boardmembers, Councilmembers, officers, officials, employees, and volunteers. The Developer's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (b) Workers' Compensation and Employer's Liability: The Developer and all subcontractors shall have workers' compensation for all employees in conformance with the requirements in Section 3700 of the Labor Code. (c) Error and Omissions Liability: The Developer and all subcontractors who are design professionals shall have and maintain errors and omissions insurance. Section 7.02. Responsibility for Damage. The Developer shall take and assume all responsibility for the work performed as part of the Facilities constructed pursuant to this Acquisition Agreement. The Developer shall bear all losses and damages directly or indirectly resulting to it, to the Authority, to the City, and their respective consultants, and their respective Boardmembers, Councilmembers, officers, employees and agents, or to others on account of the performance or character of the work, unforeseen difficulties, accidents of any other causes whatsoever. The Developer shall assume the defense of and indemnify and save harmless the Authority, the City, and their respective consultants, their respective Boardmembers, Councilmembers, officers, employees, and agents, from and against any and all claims, losses, damage, expenses and liability of every kind, nature, and description, directly or indirectly arising from the performance of the work, regardless of responsibility for negligence, and from any and ail claims, losses, damage, expenses, and liability, howsoever the same may be caused, resulting directly, or indirectly from the nature of the work covered by this Acquisition Agreement, regardless of responsibility for negligence, to the fullest extent permitted by law. In accordance with Civil Code section 2782, nothing in this Section 7.02 shall require defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the Authority, the City, and their respective consultants, and their respective Boardmembers, Councilmembers, agents, servants or independent contractors who are directly responsible to the Authority or the City, or for defects in design furnished by such persons. Moreover, nothing in this Section 7.02 shall apply to impose on the Developer, or to relieve the Authority or the City from, liability for active negligence of the Authority, the City, or their respective consultants as delineated in Civil Code Section 2782. Any relief for determining the Authority's or the City's sole or active negligenca shall be determined by a court of law. -20- The Authority does not, and shall not, waive any rights against the Developer which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by the Authority or the City, or deposit with the Authority by the Developer of any insurance policies described in Section 7.01. The aforesaid hold harmless agreement by the Developer shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered by reasons of any of the aforesaid operations of the Developer, or any subcontractor, regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages. No act by the City, or its representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, shall in any respect relieve the Developer or anyone else from any legal responsibility, obligation or liability it might otherwise have. -2!- ARTICLE VIII REPRESENTATIONS, WARRANTIES AND COVENANTS Section 8.01. Representations, Covenants and Warranties of the Developer. The Developer represents and warrants for the benefit of the Authority as follows: A. Orqanization. The Developer is a limited liability company duly organized and validly existing under the laws of the State of California, is in compliance with all applicable laws of the State, and has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated. B. Authority. The Developer has the power and authority to enter into this Acquisition Agreement, and has taken all action necessary to cause this Acquisition Agreement to be executed and delivered, and this Acquisition Agreement has been duly and validly executed and delivered by the Developer. C. Binding Obliqation. This Acquisition Agreement is a legal, valid and binding obligation of the Developer, enforceable against the Developer in accordance with its terms, subject to bankruptcy and other equitable principles. D. Compliance with Laws. The Developer shall not with knowledge commit, suffer or permit any act to be done in, upon or to the lands of the Developer in the CFD or the Facilities in violation of any law, ordinance, rule, regulation or order of any governmental authority or any covenant, condition or restriction now or hereafter affecting the lands in the CFD or the Facilities. E. Requests for Payment. The Developer represents and warrants that (i) it will not request payment from the Authority for the acquisition of any improvements that are not part of the Facilities, and (ii) it will diligently follow all procedures set forth in this Acquisition Agreement with respect to the Payment Requests. F. Financial Records. Until the date which is one year following the date of the final acceptance of the Facilities, the Developer covenants to maintain proper books of record and account for the construction of the Facilities and all costs related thereto. Such accounting books shall be maintained in accordance with generally accepted accounting principles, and shall be available for inspection by the Authority or its agent at any reasonable time during regular business hours on reasonable notice. G. Prevailinq Waqes. The Developer covenants that, with respect to any contracts or subcontracts for the construction of the Facilities to be acquired from the Developer hereunder, it will assure complete compliance with any applicable law or regulation for the payment of prevailing wages. H. Plans. The Developer represents that it has obtained or will obtain approval of the Plans for the Facilities to be acquired from the Developer hereunder from all appropriate departments of the City and from any other public entity or public utility from which such approval must be obtained. The Developer further agrees that the Facilities to be acquired from the Developer hereunder have been or will be constructed in full compliance with such approved plans and specifications and any supplemental agreements (change orders) thereto, as approved in the same manner. I. Land Owners. The Developer agrees that in the event that it sells any land owned by it within the boundaries of the CFD other than to an individual prospective homeowner, the Developer will (i) notify the Authority within 30 days of the sale, in writing, identifying the legal name of and mailing address for the purchaser, the applicable County Assessor's parcel Number or Numbers for the land sold and the acreage of the land sold, (ii) notify the purchaser in writing prior to the closing of any such sale of the existence of this Acquisition Agreement and, in general, the Developer's rights and obligations hereunder with respect to the construction of and payment for the Facilities, and (iii) notify the purchaser (including for purposes of this clause (iii) any prospective homeowner buying property from the Developer) in writing of the existence of the CFD and the special tax lien in connection therewith, and otherwise comply with any applicable provision of Section 53341.5 of the Act. J. Additional Information. The Developer agrees to cooperate with all reasonable written requests for nonproprietary information by the original purchasers of the Bonds or the Authority related to the status of construction of improvements within the CFD, the anticipated completion dates for future improvements, and any other matter material to the investment quality of the Bonds. K. Continuinq Disclosure. The Developer agrees to comply with all of its obligations under any continuing disclosure agreement executed by it in connection with the offering and sale of any of the Bonds. L. Ownership By Affiliates. The Developer agrees to provide to the City's Finance Director on the date of issuance of the Bonds, on (or within five (5) business days of) July I of each year so long as the Bonds are outstanding, and on any other date upon three business days notice from the City's Finance Director, a written list of all Affiliates of the Developer which own or control the ownership of land located within the CFD, or which have options on land within the CFD, indicating the parcels of land by County Assessor's Parcel number of all such land so owned or optioned. M. Allocation of Sales Taxes to Authority. The Developer shall use reasonable efforts, with respect to any construction contract for a contract price of $5,000,000 or more and related to any construction by or under the supervision of the Developer within the geographical boundaries of the City, to have the installing contract or obtain a sub- permit from the California Board of Equalization under the Bradley-Burns Uniform Local Sales and Use Tax law for the job site on which the work is to be performed. Section 8.02. Indemnification and Hold Harmless. The Developer shall assume the defense of, indemnify and save harmless the Authority, the City and the CFD, members of the governing board of the Authority and of the City Council of the City, their officers, officials, employees and agents and each of them, from and against all actions, damages, claims, losses or expense of every type and description to which they may be subjected or put, by reason of, or resulting from the breach of any provision of this Acquisition Agreement by the Developer, the Developer's or any other entity's negligent design, engineering and/or construction of any of the Facilities acquired from the Developer hereunder, the Developer's non-payment under contracts between the Developer and its consultants, engineer's, advisors, contractors, subcontractors and suppliers in the provision of the Facilities, or any claims of persons employed by the Developer or its agents to construct the Facilities. Notwithstanding the foregoing, no indemnification is given hereunder for any action, damage, claim, loss or expense directly attributable to the intentional acts or negligence of the Authority or the City, or their respective officers, directors, employees or agents hereunder. No provision of this Acquisition Agreement shall in any way limit the Developer's responsibility for payment of damages resulting from the operations of the Developer, its agents, employees or its contractors. ARTICLE IX TERMINATION Section 9.01. No Bonds. If, for any reason, the Authority does not issue any of the Bonds for the CFD by July 1, 2004, this Acquisition Agreement shall terminate and be null and void and of no further effect. Section 9.02. Mutual Consent. This Acquisition Agreement may be terminated by the mutual, written consent of the Authority and the Developer, in which event the Authority may let contracts for any remaining work related to the Facilities not theretofore acquired from the Developer hereunder, and use all or any portion of the monies in the Improvement Fund to pay for same, and the Developer shall have no claim or right to any further payments for the Purchase Price of Facilities or Discrete Components hereunder, except as otherwise may be provided in such written consent. Section 9.03. Authority Election for Cause. The following events shall constitute grounds for the Authority, at its option, to terminate this Acquisition Agreement, without the consent of the Developer: (a) The Developer shall voluntarily file for reorganization or other relief under any Federal or State bankruptcy or insolvency law. (b) The Developer shall have any involuntary bankruptcy or insolvency action filed against it, or shall suffer a trustee in bankruptcy or insolvency or receiver to take possession of the assets of Developer, or shall suffer an attachment or levy of execution to be made against the property it owns within the CFD unless, in any of such cases, such circumstance shall have been terminated or released within thirty (30) days thereafter. (c) The Developer shall abandon construction of the Facilities. Failure for a period of ninety (90) consecutive days to undertake substantial work related to the construction of the Facilities, other than for a reason specified in Section 9.04 hereof, shall constitute a noninclusive example of such abandonment. (d) The Developer shall breach any material covenant or default in the performance of any material obligation hereunder. (e) The Developer shall transfer any of its rights or obligations under this Acquisition Agreement without the prior written consent of the Authority. (f) The Developer shall have made any material misrepresentation or omission in any written materials furnished in connection with any preliminary official statement, official statement or bond purchase contract used in connection with the sale of the Bonds. (g) The Developer or any of its Affiliates shall at any time challenge the validity of the CFD or any of the Bonds, or the levy of Special Taxes within the CFD, other than on the grounds that such levy was not made,in accordance with the terms of the Rate and Method of Apportionment of the Special Taxes for the CFD. -25- (h) The Developer elects to perform or have its agent perform work under the provisions of Section 4.03 C., but fails to continue the work with diligence to completion, as described in the second paragraph of Section 4.03 C. If any such event occurs, the Authority shall give written notice of its knowledge thereof to the Developer, and the Developer agrees to meet and confer with the Director of Public Works and other appropriate City staff and consultants within ten (10) days of receipt of such notice as to options available to assure timely completion of the Facilities. Such options may include, but not be limited to the termination of this Acquisition Agreement by the Authority. If the Authority elects to terminate this Acquisition Agreement, the Authority shall first notify the Developer (and any mortgagee or trust deed beneficiary specified in writing by the Developer to the Authority to receive such notice) of the grounds for such termination and allow the Developer a minimum of thirty (30) days to eliminate or mitigate to the satisfaction of the Director of Public Works the grounds for such termination. Such period may be extended, at the sole discretion of the Authority, if the Developer, to the satisfaction of the Authority, is proceeding with diligence to eliminate or mitigate such grounds for termination. If at the end of such period (and any extension thereof), as determined solely by the Authority, the Developer has not eliminated or completely mitigated such grounds, to the satisfaction of the Authority, the Authority may then terminate this Acquisition Agreement. Notwithstanding the foregoing, so long as any event listed in any of clauses (a) through and including (g) above has occurred, notice of which has been given by the Authority to the Developer, and such event has not been cured or otherwise eliminated by the Developer, the Authority may in its discretion cease making payments for the Purchase Price of Facilities or Discrete Components under Article V hereof. Section 9.04. Force Majeure. Whenever performance is required of a party hereunder, that party shall use all due diligence and take all necessary measures in good faith to perform, but if completion of performance is delayed by reasons of floods, earthquakes or other acts of God, war, civil commotion, riots, strikes, picketing, or other labor disputes, damage to work in progress by casualty, or by other cause beyond the reasonable control of the party (financial inability excepted), then the specified time for performance shall be extended by the amount of the delay actually so caused. ARTICLE X MISCELLANEOUS Section 10.01. Limited Liability of Authority. The Developer agrees that any and all obligations of the Authority arising out of or related to this Acquisition Agreement are special and limited obligations of the Authority and the Authority's obligations to make any payments hereunder are restricted entirely to the moneys, if any, in the Improvement Fund and from no other source. No member of the Authority's Board of Directors, or Authority staff member, employee or agent shall incur any liability hereunder to the Developer or any other party in their individual capacities by reason of their actions hereunder or execution hereof. Section 10.02. Excess Costs. The Developer agrees to pay all costs of the Facilities that it is obligated to construct pursuant to the Conditions of Approval in excess of the moneys available therefor in the Improvement Fund, except as may otherwise be expressly provided in the Conditions of Approval. Section 10.03. Audit. The Director of Public Works and/or the City's Director of Finance shall have the right, during normal business hours and upon the giving of two (2) business days prior written notice to the Developer, to review all books and records of the Developer pertaining to costs and expenses incurred by the Developer in to any of the Facilities, and any bids taken or received for the construction thereof or materials therefor. Section 10.04. Attorney's Fees. In the event that any action or suit is instituted by either party against the other arising out of this Acquisition Agreement, the party in whose favor final judgment shall be entered shall be entitled to recover from the other party all costs and expenses of suit, including reasonable attorneys' fees. Section 10.05. Notices. Any notice, payment or instrument required or permitted by this Acquisition Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered, or transmitted by telecopy or facsimile transmission (which shall be immediately confirmed by telephone and shall be followed by mailing an original of the same within twenty-four hours after such transmission), or seventy-two hours following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows: Authority or CFD: Temecula Public Financing Authority 43200 Business Park Drive Temecula, California 92590 Attention: Director of Public Works Developer: Wolf Creek Development, LLC 255 E. Rincon Street, Suite 200 Corona, CA 92879 Attention: Mike White Each party may change its address or addresses for delivery of notice by delivering written notice of such change of address to the other party. Section 10.06. Severability. If any part of this Acquisition Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Acquisition Agreement shall be given effect to the fullest extent possible. Section 10.07. Successors and Assigns. This Acquisition Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. This Acquisition Agreement shall not be assigned by the Developer, except in whole to an Affiliate, without the prior written consent of the Authority, which consent shall not be unreasonably withheld or delayed. In connection with any such consent of the Authority, the Authority may condition its consent upon the acceptability of the relevant experience and financial condition of the proposed assignee, the assignee's express assumption of all obligations of the Developer hereunder, and/or upon any other factor which the Authority deems relevant in the circumstances. In any event, any such assignment shall be in writing, shall clearly identify the scope of the rights and/or obligations assigned, and shall not be effective until approved in writing by the Authority. No assignment, whether or not consented to by the Authority, shall release the Developer from its obligations and liabilities under this Acquisition Agreement. Section 10.08. Other Agreements. The obligations of the Developer hereunder shall be those of a party hereto and not as an owner of properb/in the CFD. Nothing herein shall be construed as affecting the Authority's or the Developer's rights, or duties to perform their respective obligations, under other agreements, use regulations or subdivision requirements relating to the development of the lands in the CFD. This Acquisition Agreement shall not confer any additional rights, or waive any rights given, by either party hereto under any development or other agreement to which they are a party. Section 10.09. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Acquisition Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such pady's right to insist and demand strict compliance by the other party with the terms of this Acquisition Agreement thereafter. Section 10.10. Merger. No other agreement, statement or promise made by any party or any employee, officer or agent of any party with respect to any matters covered hereby that is not in writing and signed by all the parties to this Acquisition Agreement shall be binding. Section 10.11. Parties in Interest. Nothing in this Acquisition Agreement, expressed or implied, is intended to or shall be construed to confer upon or to give to any person or entity other than the Authority, the City, and the Developer any rights, remedies or claims under or by reason of this Acquisition Agreement or any covenants, conditions or stipulations hereof; and all covenants, conditions, promises, and agreements in this Acquisition Agreement contained by or on behalf of the Authority or the Developer shall be for the sole and exclusive benefit of the Authority, the City, and the Developer. The City is an intended third party beneficiary of this Agreement. Section 10.12. Amendment. This Acquisition Agreement may be amended, from time to time, by written Supplement hereto and executed by both the Authority and the Developer. Section 10.13. Counterparts. This Acquisition Agreement may be executed in counterparts, each of which shall be deemed an original. Section 10.14. Governing Law. The provisions of this Acquisition Agreement shall be governed by the laws of the State of California applicable to contracts made and performed in such State. -28- IN WITNESS WHEREOF, the parties have executed this Acquisition Agreement as of the day and year first-above written. TEMECULA PUBLIC FINANCING AUTHORITY, for and on behalf of the TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03- 03 (WOLF CREEK) By:. Executive Director WOLF CREEK DEVELOPMENT, LLC a California limited liability company By: Standard Pacific Corp., a Delaware corporation, Its Managing Member By: August Belmont, Authorized Representative By: Michael J. White, Authorized Representative By: Alameda Property Investments, LLC, a Delaware limited liability company Its Member By: Its: 20009.02:J6604 -29- ACQUISITION AGREEMENT EXHIBIT A DESCRIPTION OF FACILITIES ELIGIBLE FOR ACQUISITION FROM THE DEVELOPER Loma Linda Storm Drain Construct Loma Linda storm drain from Pechanga Parkway to "A" Street a distance of approximately 2020 feet including pipe, manholes, catch basins laterals and other appurtenant improvements necessary to complete the Loma Linda Storm Drain. Wolf Valley Road Construct Wolf Valley Road from Pechanga Parkway to the northeasterly city limits of the City of Temecula, a distance of approximately 3510 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks, streetlights and other appurtenant improvements necessary to complete Wolf Valley Road. "A" Street Construct "A" Street from Loma Linda Road to Interior Loop Road - North, a. distance of approximately 1480 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks, streetlights and other appurtenant improvements necessary to complete "A" Street. Interior Loop Road - North Construct Interior Loop Road - North from Wolf Valley Road to Pechanga Parkway, a distance of approximately 3700 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks, streetlights and other appurtenant improvements necessary to complete Interior Loop Road - North. Interior Loop Road - South Construct Interior Loop Road - South from Pechanga Parkway to Wolf Valley Road, a distance of approximately 4660 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks, streetlights and other appurtenant improvements necessary to construct Interior Loop Road - South. Liner Park and Nodes Construct Linear Park and three Nodes adjacent to Interior Loop Road - North and Interior Loop Road - South through the entire limits of the Wolf Valley project including grading, landscaping, walkways and other appurtenant improvements necessary to Construct the Linear Park and Nodes. Exhibit A Page 1 Six-Acre Neiqhborhood Park Planninq Area No. II Construct the Six-Acre Neighborhood Park at the northeast intersection of Wolf Valley Road and Interior Loop Road - North including grading, landscaping, walkways, equipment and other appurtenant improvements necessary to construct the Six-Acre Neighborhood Park. Exhibit A Page 2 ACQUISITION AGREEMENT EXHIBIT B DISCRETE COMPONENTS OF FACILITIES AND RELATED BUDGETED COSTS Exhibit B Page 1 ACQUISITION AGREEMENT EXHIBIT C FORM OF PAYMENT REQUEST PAYMENT REQUEST NO. The undersigned (the "Developer"), hereby requests payment in the total amount of $ for the Facilities (as defined in the Acquisition Agreement, dated as of October 1, 2003, between the Temecula Public Financing Authority (the "Authority"), for and on behalf of the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) and the Developer), or Discrete Components thereof (as described in Exhibit B to that Agreement), all as more fully described in Attachment 1 hereto. In connection with this Payment Request, the undersigned hereby represents and warrants to the Authority as follows: 1. He(she) is a duly authorized officer of the Developer, qualified to execute this Payment Request for payment on behalf of the Developer and is knowledgeable as to the matters set forth herein. 2. To the extent that this payment request is with respect to a completed Facility, the Developer has submitted or submits herewith to the City of Temecula (the "City") as-built drawings or similar plans and specifications for the items to be paid for as listed in Attachment 1 hereto with respect to any such completed Facility, and such drawings or plans and specifications, as applicable, are true, correct and complete. To the extent that this payment request is for a Discrete Component, the Developer has in its construction office a marked set of drawings or similar plans and specifications for the Discrete Components to be acquired as listed in Attachment 1 hereto, which drawings or plans and specifications, as applicable, are current and show all changes or modifications which have been made to date. 3. All costs of the Facilities or Discrete Components thereof for which payment is requested hereby are Actual Costs (as defined in the Agreement referenced above) and have not been inflated in any respect. The items for which payment is requested have not been the subject of any prior payment request submitted to the Authority. 4. Supporting documentation (such as third party invoices) is attached with respect to each cost for which payment is requested. 5. There has been compliance with applicable laws relating to prevailing wages for the work to construct the Facilities or Discrete Components thereof for which payment is requested. 6. The Facilities or Discrete Components thereof for which payment is requested were constructed in accordance with all applicable City or other governmental standards, and in accordance with the as-built drawings or plans and specifications, as applicable, referenced in paragraph 2 above. 7. The Developer is in compliance with the terms and provisions of the Acquisition Agreement and no portion of the amount being requested to be paid was previously paid. Exhibit C Page 1 8. The Purchase Price for each Facility or Discrete Component (a detailed calculation of which is shown in an Attachment 2 hereto for each such Facility or Discrete Component), has been calculated in conformance with the terms of Section 5.06 of the Acquisition Agreement. 9. Neither the Developer nor any Affiliate (as defined in the Acquisition Agreement) is in default in the payment of ad valorem real property taxes or special taxes or special assessments levied in the CFD (as defined in the Acquisition Agreement), except as follows: I hereby declare under penalty of perjury that the above representations and warranties are true and correct. DEVELOPER: WOLF CREEK DEVELOPMENT, LLC a California limited liability company By: Standard Pacific Corp., a Delaware corporation, Its Managing Member By: August Belmont, Authorized Representative By: Michael J. White, Authorized Representative By: Alameda Property Investments, LLC, a Delaware limited liability company Its Member By: Its: Date: Exhibit C Page 2 AUTHORITY: Payment Request Approved for Submission to the Director of Finance of the City of Temecula By: Date: Director of Public Works Exhibit C Page 3 ATTACHMENT 1 EXHIBIT C [list here all Facilities or Discrete Components thereof for which payment is requested, and attach support documentation] Exhibit C-1 Page 4 ATrACHMENT 2 EXHIBIT C CALCULATION OF PURCHASE PRICE [Use a separate sheet for each Facility or Discrete Component for which payment is being requested] 2. 3. 4. Description (by reference to Exhibit B to the Acquisition Agreement) of the Facility or Discrete Component Actual Cost (list here total of supporting invoices and/or other documentation supporting determination of Actual Cost): Budgeted Cost: Permitted Addition to Budgeted Cost (to the extent, and only to the extent, that Actual Cost exceeds Budgeted Cost), consisting of Savings (Actual Costs less than Budgeted Cost) carried forward from prior acquired Facilities/Discrete Components (see first paragraph of Section 5.06A) and not previously applied to cover cost overruns (Actual Costs greater than Budgeted Cost) on previously acquired Facilities: Subtractions from Purchase Price: Holdback for Lien releases (see Section 5.06(C) of the Acquisition Agreement) B. Retention (see Section 5.06(D) of the Acquisition Agreement) Total disbursement requested (amount listed in 3, plus amount, if any, listed in 4 (total of amounts in 3 and 4 not to exceed amount listed in 2), less amounts, if any, listed in 5) $. Exhibit C-2 Page 5 ITEM 10 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTO R-~-~-~ DIRECTOR OFFINANCE/-¥~ CITY MANAGER ClTY OFTEMECULA AGENDA REPORT City ManagedCity Council f~ h~William G. Director of Public Works/City Engineer Hughes, October 28, 2003 Vacation of A Roadway Easement Over Murdeta Creek and Adjacent to Rancho California Road to the Riverside County Flood Control and Water Conservation District PREPARED BY: Amer Attar, Principal Engineer Marilyn Adarbeh, Property Agent RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE VACATION OF A PORTION OF RANCHO CALIFORNIA ROAD, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORINA, AS SHOWN ON THE ATTACHED EXHIBITS AAND B BACKGROUND: The City of Temecula is proposing to vacate its interest in a roadway easement over Murrieta Creek adjacent to the existing Rancho California Road. The easement was previously dedicated to the City by Riverside County Flood Control and Water Conservation District (RCFC &WCD). Plans for the construction of Rancho California Road subsequent to the easement dedication did not utilize this easement and the road, including the bridge over Murrieta Creek, which was constructed at a different location. There are no plans to extend Rancho California Road over this easement. Pursuant to the requirements of the Streets and Highways Code, the City may vacate its interests in identified streets if the City finds that such a vacation conforms to the General Plan; that the street in question is no longer necessary for present or prospective public use; and that the street in question would not be useful for bicycle or pedestrian use. The General Plan designates sufficient other streets and right-of-way in the area. In addition, no property would be "landlocked" by this proposal. On September 16, 2003, the Council adopted Resolution No. 03-116 initiating a proceeding to vacate a portion of Rancho California Road in the City of Temecula County of Riverside, State of California. The Resolution indicated that a public hearing would be held on October 28, 2003 at 7:00 p.m. at City Hall to consider the street vacation and that the public could address the issue of the street vacation at that hearing. Notices of the October 28, 2003 hearing was posted conspicuously along the line of the street to be vacated beginning October 13, 2003. The notices were posted not more than 200 feet apart, and at least three notices were posted. In addition, the notice was published in a newspaper of general cimulation on October 13 and 20, 2003. 1 R:~AGENDA REPORTS~003\102803'~Rancho Cai Rd Vacation.doc The portion of Rancho California Road under consideration to be vacated is described and depicted on Exhibits A and B attached. The advantage of this street vacation at this time is that it would make it clear that the City has no responsibility for maintenance and/or improvement of this portion of Rancho California Road. Staff recommends that the City Council adopt Resolution No. 03- , finding that the proposed vacation of that portion of Rancho Califomia Road, which was never constructed, at the point where it crosses Murrieta Creek is no longer necessary for present or prospective public uses; that the street in question would not be useful for bicycle or pedestrian use; and that the vacated portion be quitclaimed by deed to the Riverside County Flood Control and Water Conservation District as it is of no further use to the public. FISCAL IMPACT: There is no fiscal impact anticipated from approving the vacation of the roadway easement. A'I-rACHMENTS: Resolution 03- Map of right-of-way proposed vacation Quitclaim Deed and Exhibits 2 R:~AGENDA REPORTS~003\102803\Rancho Cai Rd Vacation.doc RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE VACATION OF A PORTION OF RANCHO CALIFORNIA ROAD, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORINA, AS SHOWN ON THE ATTACHED EXHIBITS AAND B THE CiTY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the Riverside County Flood Control and Water Conservation District granted an easement to the City of Temecula for the purpose of constructing a read over the existing Murrieta Creek flood control channel at Rancho California Road; WHEREAS, the City of Temecula never constructed the road over Murrieta Creek flood control channel at Rancho California Road, even though it was depicted in the Circulation Element of the General Plan; WHEREAS, the City of Temecula has executed a Quitclaim Deed conveying the easement back to the Riverside County Flood Control and Water Conservation District; WHEREAS, the City of Temecula has initiated proceedings to vacate its interests in that portion of Rancho California Road, which was to cross over the existing Murdeta Creek flood control channel. The right of way proposed to be vacated is described and depicted on Exhibits A and B, attached hereto and incorporated herein by this reference; WHEREAS, the proceeding merely proposes the vacation of a portion of Rancho California Road, which was never constructed, and will not facilitate any new construction, development, increased traffic, or other use of properly not currently in existence; WHEREAS, it can be seen with certainty that there is no possibility that this activity may have a significant effect on the environment and thus this decision is not subject to the provisions of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15061(b); WHEREAS, notwithstanding the foregoing, and in addition to the foregoing, the proposed street vacation of such portions of right-of-way is categorically exempt from review under CEQA pursuant to CEQA Guidelines Section 15305; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA, DOES FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1: The City Council finds that all of the facts set forth in the recitals of this Resolution are true and correct. Section 2: This vacation is being made pursuant to Chapter 3, Part 3, Division 9 of the California Streets and Highway Code (Section 8320 et seq ) entitled "General Vacation Procedures," Section 3: Based upon substantial evidence presented to the City Council during the October 28, 2003 Public Hearing, including public testimony and written and oral staff reports, the City Council finds as follows: a. Ail necessary public hearings and opportunities for public testimony and comments have been conducted in compliance with Streets and Highways Code Section 8322. 3 R~AGENDA REPORTS~2003\102803~Rancho Cai Rd Vacation.doc Notices of the street vacation were posted along the podion of the right-of-way to be vacated in accordance with the provisions set forth in Streets and Highways Code Section 8323. c. The proposed street vacation will conform to the General Plan. d. The right-of-way proposed to be vacated is not useful for non-motorized transportation facilities. The City proposes to vacate the City's interest in un-built portion of Rancho California Road, which would cross over Murrieta Creek flood control channel, as described and depicted on Exhibits A and B attached hereto and made a part hereof by this reference. This portion of the street proposed to be vacated is unnecessary for public street purposes, and present or prospective public use. Section 4: The City Council of the City of Temecula hereby orders the vacation of the un- built portion of Rancho California Road, which would cross over Murrieta Creek flood control channel as described and depicted in Exhibits A and B hereto. Section 5: The City Council hereby directs the City Clerk to cause a certified copy of this resolution, attested by the City Clerk under seal, to be recorded in the Office of the Recorder of the County of Riverside. From and after the date that this resolution is recorded with the Riverside County Recorder, the portions of the un-built portion of Rancho California Road which would cross over Murrieta Creek flood control channel as described and depicted in Exhibits A and B hereto shall be vacated and shall no longer constitute a portion of the public streets of the City of Temecula. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 28th day of October, 2003. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC City Clerk 4 R:~.AGENDA REPORTS~2003\102803~ancho Cai Rd Vaca~n.doc SEAL STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I Susan W. Jones, CMC City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 03- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the 28th day of October, 2003 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC City Clerk 5 R:~AGENDA REPORTS~003\102803'~Rancho Cai Rd Vacation,doc EXHIBIT ~A' LEGAL DESCRIPTION FOR STREET VACATION (A PORTION OF RANCHO CALIFORNIA ROAD) BEING A PORTION OF LOT 'A', OF PARCEL MAP NO. 12549, IN THE CITY OF TEMEC- ULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAp ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN PARCEL MAP BOOK 74, PAGES 84 THROUGH 89, RECORDED FEBRUARY 5, 1980 OF OFFICIAL RECORDS, SAID LOT ~A' BEING DEDICATED AND ACCEPTED BY SAID COUNTY FOR PUBLIC USE FOR STREET AND U~ILITY PURPOSES AS THE SOUTHEASTERLY HALF OF RANCHO CALIFORNIA ROAD, MORE PARTICULAftLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF THAT PARCEL SHOWN AS "REMAINDER PARCEL" OF SAID PARCEL MAP NO. 12549, SAID CORNER ALSO BEING A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF SAID RANCHO CALIFORNIA ROAD; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY NORTH 71°33'39'' EAST 48.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY RIGH-OF-WAY 1. NORTH 71°33'39'' EAST 27.56 FEET 2. .EASTERLY 332.17 FEET 3. NORTH 71°18'53" WEST 4. SOUTH 63"19'53" WEST 10.80 FEET; 350.87 FEET TO THE BEGINNING OF A TANGENT 1255.00 FOOT RADIUS CURVE CON- CAVE TO THE NORTHWEST; THENCE CONTINUING ALONG SAID SOUTHEAST- ERLY RIGHT-OF-WAY AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15"09'54"; THENCE DEPARTING SAID SOUTHEASTERLY RIGHT-OF-WAY THENCE TO THE TRUE POINT OF BEGINNING. CONTAINS 0.100 ACRE, MORE OR LESS. PAGE 1 OF 1 Recording requested by and When recorded mail to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 Recorder: Index as Quitclaim Deed Documentary Transfer Tax $ 0.00 (Government Code 6103)* Computed on full value of property conveyed Computed on full value less liens and encumbrances remaining at time of sale For Riverside County Flood Control and Water Conservation District * This Instrument is for the benefit of the Riverside County Flood Control and Water Conservation District and is exempt from Recording Fees (Govt. Code Sec. 27383) and from Documentary Transfer Tax (Rev & Tax Code Sec. 11922). QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF TEMECULA, a municipal corporation ("Grantor"), does hereby remise, release and forever quitclaim to the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a public body, corporate and politic ("Grantee"), including successors or assigns, all of Grantor's right, title and interest in and to the easement located in the City of Temecula, County of Riverside, State of California, described in the legal description attached hereto as Exhibits "A" and "B" and made a part hereof. IN WITNESS WHEREOF, these presents are hereby signed this day of ,2003. GRANTOR CITY OF TEMECULA, a municipal corporation By: SHAWN NELSON, City Manager ATTEST: SUSAN JONES, City Clerk 739185-1 CERTIFICATE OF ACCEPTANCE (Govt. Code § 27281) This is to certify that the interest in that certain real property located in the City of Temecula, County of Riverside, State of California, conveyed by the Quitclaim Deed dated , 2003, from the City of Temecula, a municipal corporation of the State of California ("Grantor"), to the Riverside County Flood Control and Water Conservation District, a public body, corporate and politic ("Grantee"), is hereby accepted by the undersigned officer or agent on behalf of the Riverside County Flood Control and Water Conservation District, and that the Grantee consents to recordation thereof by its duly authorized officer. Dated: ,2003 Riverside County Flood Control and Water Conservation District, a public body, corporate and politic By: Chairman, Board of Supervisors ATTEST: Nancy Romero, Clerk to the Board of Supervisors 739185-1 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On , before me, , a notary public, personally appeared Shawn Nelson personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SEAL Signature STATE OF CALIFORNIA COUNTY OF RIVERSIDE On , before me, , a notary public, personally appeared Susan Jones personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SEAL Signature 739185-1 F-.XHIBIT 'A' LEGAL DESCRIPTION FOR STB~.RT %rACATION (A PORTION OF RANCHO CALIFOBNIA ROAD) BEING A PORTION OF LOT 'A', OF PARCEL MAP NO. 12549, IN THE CITY OF TEMEC- ULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN PARCEL MAP BOOK 74, PAGES 84 THROUGH 89, RECORDED FEBRUARY 5, 1980 OF OFFICIAL RECORDS, SAID LOT 'A' BEING DEDICATED AND ACCEPTED BY SAID COUNTY FOR PUBLIC USE FOR STREET AND U~ILITY PURPOSES AS THE SOUTHEASTERLY HALF OF RANCHO CALIFORNIA ROAD, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF THAT PARCEL SHOWN AS ~REMAINDER PARCEL" OF SAID PARCEL MAP NO. 12549, SAID CORNER ALSO BEING A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF SAID RANCHO CALIFORNIA ROAD; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY NORTH 71o33'39'' EAST 48.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY RIGH-OF-WAY 1. NORTH 71o33'39'' EAST 27.56 FEET TO THE BEGINNING OF A TANGENT 1255.00 FOOT RADIUS CURVE CON- CAVE TO THE NORTHWEST; THENCE CONTINUING ALONG SAID SOUTHEAST- ERLY RIGHT-OF-WAY AND THE ARC OF SAID CURVE 2. EASTERLY 332.17 FEET THROUGH A CENTRAL ANGLE OF 15°09'54"; THENCE DEPARTING SAID SOUTHEASTERLY RIGHT-OF-WAY 3. NORTH 71°18'53" WEST 10.80 FEET; THENCE 4. SOUTH 63°19'53" WEST 350.87 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.t00 ACRE, MORE OR LESS. SCOTT HURST L.S. 7178 EXPIRATION DATE 12/31/2003 PAGE 1 OF 1 DATE ITEM 11 APPROVAL CITY ATTORNEY z/~'//~_ II DIRECTOR OF FINANCE._~.=~ II CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: j City ManagedCity Council ¢"~lOWilliam G. Hughes, Director of Public Works/City Engineer October 28, 2003 SUBJECT: Presentations on the Progress of the Butterfield Stage Road Extension Beltway and the French Valley Parkway/I-15 Overcrossing and Interchange ects PREPARED BY: ,~.m~r Attar, Principal Engineer - Capital Projects Greg Butler, Principal Engineer - Capital Projects RECOMMENDATION: For City Council Information BACKGROUND: Greg Butler, Principal Engineer, will be making a presentation on the progress of the Butterfield Stage Road Extension Beltway Project and Amer Attar, Principal Engineer will be making a presentation on the progress of the French Valley Parkway/l-15 Overcrossing and Interchange. Handouts of each presentation will be distributed prior to the meeting. FISCAL IMPACT: None ATTACHMENTS: None R:~AGENDA R E PO RTS~2003~,102883~rer'chValfeyButterfieldStagePresentatie~s,dec ITEM 12 A P P R OVA~/~ .~ Z.,-.-'"- CITY ATTORNEY FINANCE DI RECTOR _.~,/~/(,.. CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council Herman D. Parker, Director of Community Services~ October 28, 2003 Boys and Girls Club Ground Lease Agreement RECOMMENDATION: That the City Council: 1. Approve the Boys and Girls Club Ground Lease Agreement in its substantial form. BACKGROUND: At the request of Mayor Pro Tem Mike Naggar and Council Member Jeff Comerchero, and the Boys and Girls Club of Southwest County, the City of Temecula Community Services Department has been working with the Boys and Girls Club to initiate a ground lease agreement. The agreement would enable the Boys and Girls Club will construct a satellite Boys and Girls Club facility of approximately 6,000 square feet. The building would be a modular unit facility with good design and landscaping. The building would be located at Kent Hintergardt Memorial Park just south of the existing restroom facility and east of the existing parking lot area. The facility would enable the Boys and Girls Club to provide a variety of youth recreation activities and classes. The proposed facility is ideally located within Kent Hintergardt Memorial Park, and directly across the street from a new middle school that recently opened. This would provide good access for middle school age children to after school activities at the Boys and Girls Club. The term of the Ground Lease Agreement would be for 40 years with an option to renew for an additional 10 year period. The lease payment would be $1 per year payable on the first business day of each year. The agreement emphasizes that the modular facility must be of good quality with landscape screening around the building and of similar architectural style as the restroom facility on the park site. The Boys and Girls Club would be responsible for the maintenance, repairs and utility costs associated with the facility. No alterations to the building could occur without the City's approval. The Boys and Girls Club would be required to maintain comprehensive General Liability insurance at all times. The agreement also creates two milestones that the Boys and Girls Club must meet. On or before July 1,2005, the Boys and Girls Club must submit a conceptual master plan of the improvements for approval and also provide evidence that they have two-thirds of the cost to construct the facility. The placement of the modular facility and improvements to the facility must be completed and the facility opened and operating by June 1, 2007. R:~ZIGLERG~REPORTX102803 CC Boys and Girls Club Ground Lease Agreement.doc This agreement has been reviewed and approved by the City Attorney and by the Community Services Commission. FISCAL IMPACT: This Ground Lease Agreement does not create a fiscal impact to the City. All construction, maintenance and operations costs associated with the development of this facility are the responsibility of the Boys and Girls Club. ATTACHMENT: Ground Lease Agreement R:~ZIGLERG~,EPORTH02803 CC Boys and Girls Club Ground Lease Agreement.doc GROUND LEASE by and between CITY OF TEMECULA, a municipal corporation, as Landlord and BOYS AND GIRLS CLUB OF SOUTHWEST COUNTY, a California nonprofit corporation as Tenant R:XZIGLERGXXAGREEMN~inal Draft Boys and Girls Club Ground Le~se Agreement. DOC 10/16/2003 TABLE OF CONTENTS Page No. ARTICLE 1 PREMISES ................................................................................................................. 1 1.1 Demise ........................................................................................................... 1 1.2 Condition of Land and Property .................................................................... 1 ARTICLE 2 TERM ......................................................................................................................... 2.1 Term ............................................................................................................... 2.2 Extension Option ........................................................................................... 2.3 Holdover ........................................................................................................ ARTICLE 3 RENT ......................................................................................................................... 2 3.1 Base Rent ....................................................................................................... 2 ARTICLE 4 TAXES 4.1 4.2 4.3 4.4 4.5 4.6 4.7 AND IMPOSITIONS ................................................................................... 2 Impositions ..................................................................................................... 2 Proration of Taxes .......................................................................................... 3 Evidence of Payment ..................................................................................... Assessment Districts ...................................................................................... Duty to File Declarations ............................................................................... Payment Through Landlord ........................................................................... 3 Personal Property ........................................................................................... 3 ARTICLE 5 TRIPLE NET LEASE ................................................................................................ 4 ARTICLE 6 PERMITS AND APPROVALS ................................................................................. 4 6.1 Governmental Approvals ............................................................................... 4 6.2 No Representations ........................................................................................ 4 ARTICLE 7 MAINTENANCE, REPAIR AND ALTERATIONS ................................................ 4 7.1 Maintenance and Repair ................................................................................ 4 7.2 Alterations ...................................................................................................... 4 ARTICLE 8 INSURANCE ............................................................................................................. 6 8.1 Insurance ........................................................................................................ 6 8.2 Policy Requirements ...................................................................................... 7 8.3 Blanket Policy ................................................................................................ 7 8.4 Right of Landlord to Obtain Insurance .......................................................... 7 8.5 Waiver of Subrogation ................................................................................... 7 ARTICLE 9 DAMAGE AND DESTRUCTION ............................................................................ 8 9.1 Landlord's Rights and Obligations ................................................................ 8 9.5 Waiver of Statutory Provisions ...................................................................... 8 ARTICLE 10 EMINENT DOMAIN .............................................................................................. 8 10.1 Total Taking ................................................................................................. 8 11086-0007~744472v3.doc i 7/29/03 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 21 10.2 Partial Taking ............................................................................................... 8 10.3 Temporary Taking ....................................................................................... 9 10.4 Entitlement to Condemnation Award .......................................................... 9 10.5 Landlord Appointed Attorney-in-Fact ......................................................... 9 10.6 Waiver .......................................................................................................... 9 UTILITIES ............................................................................................................. 10 11.1 Payment ...................................................................................................... 10 11.2 Installation .................................................................................................. 10 LANDLORD'S ACCESS AND INFORMATION ............................................... 10 12.1 Inspections ................................................................................................. 10 12.2 Showing Premises ...................................................................................... 10 12.3 Information ................................................................................................ 10 USE ........................................................................................................................ 10 13.1 Use ............................................................................................................. l0 13.2 Manner of Use ............................................................................................ 11 13.3 Compliance with Law ................................................................................ 11 ASSIGNMENT AND SUBLETTING ................................................................... 11 14.1 Consent Required ....................................................................................... 11 14.2 Additional Conditions ................................................................................ 11 14.3 12 14.4 Violations Void; Remedies ........................................................................ 12 14.5 Transfer of Landlord's Interest .................................................................. 12 DEFAULTS AND REMEDIES ............................................................................. 12 15.1 Default ........................................................................................................ 12 15.2 Remedies .................................................................................................... 13 15.3 Landlord's Default ..................................................................................... 14 TENANT'S PROPERTY ....................................................................................... 14 FEE MORTGAGES ............................................................................................... 14 17.1 Encumbrance of Reversion ........................................................................ 14 17.2 Recognition of Lease ................................................................................. 14 17.3 Notice to Fee Mortgagee ............................................................................ 15 INDEMNITY AND EXEMPTION OF LANDLORD FROM LIABILITY ......... 15 18.1 Indemnity ................................................................................................... 15 18.2 Exemption of Landlord From Liability ...................................................... 16 18.2 Survival ...................................................................................................... 16 ESTOPPEL CERTWICATES ............................................................................... 16 HAZARDOUS MATERIALS ............................................................................... 16 20.1 No Hazardous Materials ............................................................................ 16 11086-0007~744472v3.doc ii 7/29/03 20.2 Notice ......................................................................................................... 16 20.3 Indemnity ................................................................................................... 16 20.3 Indemnity ................................................................................................... 17 20.4 Hazardous Material Defined ...................................................................... 17 20.5 Laws ........................................................................................................... 17 ARTICLE 21 SURRENDER ........................................................................................................ 18 ARTICLE 22 GENERAL PROVISIONS .................................................................................... 18 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 Non-Waiver ................................................................................................ 18 Attorneys' Fees; Waiver of Jury Trial ....................................................... 18 Broker's Commissions ............................................................................... 18 Severability; Entire Agreement .................................................................. 18 Notices ....................................................................................................... 19 Further Assurances ..................................................................................... 19 Governing Law .......................................................................................... 20 Successors and Assigns .............................................................................. 20 Time of Essence ......................................................................................... 20 Headings; Joint and Several ...................................................................... 20 No Option .................................................................................................. 20 Right of Landlord to Perform ................................................................... 20 Survival of Obligations ............................................................................. 20 Relationship of Parties .............................................................................. 20 Exhibits and Addenda ............................................................................... 21 Execution in Counterparts ......................................................................... 21 EXHIBITS Exhibit "A" - Legal Description of Land 11086-0007~744472v3.doc iii 7/29/03 GROUNDLEASE THIS GROUND LEASE (the "Lease") is dated as of October 28, 2003 and is entered into by and between the CITY OF TEMECULA, a municipal corporation ("Landlord"), and BOYS AND GIRLS CLUB OF SOUTHWEST COUNTY, a California nonprofit corporation ("Tenant"). WHEREAS, as of the date of this Lease, Landlord is the owner of record of that certain land located in the City of Temecula, County of Riverside, State of California in Temecula, California that is more particularly described on Exhibit "A" attached hereto (said land and any and all improvements now or hereafter located thereon, are hereinafter collectively referred to as the "Premises"). WHEREAS, Landlord desires to lease to Tenant, and Tenant desires to lease from Landlord, the Premises, subject to and in accordance with the terms and conditions hereinafter set forth. ARTICLE 1 PREMISES 1.1 Demise. Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises fxom Landlord, subject in each case to: (i)all covenants, conditions, restrictions, easements and other matters of record and any other matters affecting title thereto (including matters visible upon inspection or that would be revealed by an ALTA survey), and (ii) the terms and conditions hereinafter set forth. 1.2 Condition of Premises. Tenant acknowledges that it has had full opportunity to investigate the Premises and has full knowledge of the condition of the Premises. Tenant accepts the Premises in its current "AS-IS" condition, with all faults, as of the execution of this Lease. Except as expressly provided herein, Tenant acknowledges that neither Landlord nor any agent or employee of Landlord has made any representation, express or implied, as to the condition of the Premises or the suitability of the same for Tenant's intended use. Tenant represents and warrants that Tenant has made its own inspection of and inquiry regarding the condition of the Premises and is not relying on any express or implied representations of Landlord, any agent or employee of Landlord, or any broker with respect thereto. ARTICLE 2 TERM 2.1 Term. The term of this Lease ("Lease Term") shall be for forty (40) years, commencing on November 1, 2003 ("Commencement Date") and terminating at midnight on November 1, 2043, unless sooner terminated in accordance with the terms hereof. As used herein the term "Lease Year" shall mean the twelve (12) month period commencing on the Commencement Date and each successive twelve (12) month period thereafter during the term hereof. 2.2 Extension Option. Provided that: (a) this Lease is in full force and effect; (b) Tenant is not in default hereunder beyond any applicable notice and cure period at the time it 11086-0007\744472v3.doc 1 7/29/03 gives notice of extension or at the beginning of the extension term; (c) this Lease had not been assigned, then Tenant shall have the option to extend the Lease Term for ten (10) years (the "Extension Term") by notice in writing delivered to Landlord not later than six (6) months prior to the expiration of the initial Lease Tenn. All of the covenants, conditions and provisions of this Lease shall be applicable to the Extension Term. 2.3 Holdover. If Tenant holds over or otherwise fails to comply with Article 21 hereof after the expiration or earlier termination of the Lease Term without the express written consent of Landlord, Tenant shall become a tenant at sufferance only, and the Base Rent for such holdover period shall be increased to the fair market rental rate for the Premises, as determined in good faith by Landlord. Acceptance by Landlord of rent or any other payment after such expiration or earlier termination of this Lease shall not constitute Landlord's consent to a holdover hereunder or result in a renewal. The foregoing provisions of this Section 2.3 are in addition to and shall not be deemed to limit or constitute a waiver of Landlord's right of re-entry or any fights of Landlord or Tenant under this Lease or otherwise provided by law or equity. If Tenant fails to sm'render the Land or to otherwise comply with Article 21 hereof upon the expiration or earlier termination of this Lease without Landlord's express written consent, Tenant shall indemnify and hold Landlord harmless fi.om all loss, liability, cost, damage and expense, including without limitation, attorneys' fees and costs, arising fi.om or relating to Tenant's failure to surrender or to otherwise comply with Article 21 hereof, including, without limitation, any claim made by any succeeding tenant, founded on or resulting fi.om such failure to surrender. ARTICLE 3 RENT 3.1 Base Rent. Tenant shall pay to Landlord annual base rent ("Base Rent") of One dollar ($1.00) on the first business day of each calendar year during the term of this Lease. 3.2 Definition of Rent. All monetary obligations of Tenant to Landlord under the terms of this Lease, including but not limited to rent, late charges, interest, insurance premiums, and real estate taxes, are deemed to be rent hereunder (collectively, "Rent"). ARTICLE 4 TAXES AND IMPOSITIONS 4.1 Impositions. Tenant shall pay and discharge before the day when the same become delinquent, any and all taxes, assessments, rates, charges, license fees, municipal liens, levies, excises, or imposts, whether general or special, or ordinary or extraordinary, of every name, nature and kind whatsoever, including all governmental charges of whatsoever name, nature or kind which may now or hereafter be levied, assessed, charged or imposed against or which may become a lien or charge upon the Premises or any part thereof, or upon Tenant's estate hereby created or upon Landlord by reason of its ownership of the fee underlying this Lease (collectively, "Impositions"). Landlord shall have no obligation to pay or discharge any Imposition or any penalties or interest resulting fi.om late payment, except to the extent that Landlord did not provide Tenant sufficient information for the timely payment of any ! 1086-0007~744472v3.doc 2 7/29/03 Imposition, penalty or interest not less than thirty (30) days prior to the date that such payment would become delinquent. 4.2 Proration of Taxes. All of the taxes, assessments, charges, imposts and levies of any nature whatsoever, which shall relate to a fiscal year during which the Lease Term (and Extension term, if applicable) shall commence or terminate, shall be prorated between Landlord and Tenant as of the commencement or termination date, as applicable. 4.3 Evidence of Payment. Within fifteen (15) days after written request of Landlord, Tenant shall obtain and deliver to Landlord evidence of payment of all Impositions, including, without limitation, receipts or duplicate receipts. 4.4 Assessment Districts. If any governmental entity or agency shall undertake to create an improvement or special assessment district, the proposed boundaries of which include any portion of the Premises, Tenant shall not support the same without the prior written consent of Landlord. In the event Tenant receives any notice or other information relating to the proposed creation of any such district, Tenant shall immediately advise Landlord in writing of such receipt and shall provide Landlord with a copy of such notice or information. In the event that any such improvement or assessment district is created, all taxes, assessments, charges, levies, or imposts arising therefrom shall be paid by Tenant as an Imposition hereunder; provided, however, if Landlord has the option to elect that any tax, assessment, charge, levy or impost to finance such a special improvement be payable in installments, then Landlord shall make such election, and Tenant shall only be required to pay such installments as shall become due and payable during the Lease Term (as it may be extended), appropriately prorated for the years at the commencement and termination of the Lease Term (as it may be extended). 4.5 Duty to File Declarations. Tenant alone shall make or file any declaration, statement or report which may be provided or required by law as the basis of or in connection with the determination, equalization, reduction or payment of any and every Imposition which is to be borne or paid or which may become payable by Tenant under the provisions of this Article 4, and Tenant shall promptly give Landlord copies thereof. Landlord shall not be or become responsible to Tenant therefor, nor for the contents of any such declaration, statement or report. 4.6 Payment Through Landlord. In case any person or entity to whom any sum is directly payable by Tenant under this Article 4 shall refuse to accept payment of such sttm from Tenant, and Tenant knows or has reason to believe that its payment will be refused, Tenant shall pay such sum directly to Landlord not less than fifteen (15) days prior to its being due, and Landlord shall thereupon pay such sum to such person or entity. Landlord shall not be responsible for any late charge or penalty that may be assessed in connection therewith. 4.7 Personal Property. Throughout the Lease Term, Tenant shall pay and discharge, when and as the same become due, directly to the taxing authority, all taxes, assessments and other charges imposed or levied upon any personal property situated in, on or about the Premises. Tenant shall use commercially reasonable efforts to cause such personal property taxes to be levied or assessed separately from the Premises. 11056-0007~744472v3.doc 3 7/29/03 ARTICLE 5 TRIPLE NET LEASE It is the purpose and intent of Landlord and Tenant that all Rent payable to Landlord hereunder shall be absolutely net of all costs and expenses to Landlord that relate in any way to the Premises, including, without limitation, any and all maintenance, repair, utility and operation costs and that Tenant will pay all such costs and expenses unless otherwise expressly provided in this Lease. ARTICLE 6 PERMITS AND APPROVALS 6.1 Governmental Approvals. Tenant acknowledges and agrees that it shall be the responsibility of Tenant to obtain, at Tenant's sole cost and expense, any and all governmental approvals, including, but not limited to, all permits, licenses, variances, zoning changes, which are required by any governmental or regulatory authority in connection with the construction, use, occupancy or operation of the Premises or the conduct of Tenant's business upon the Premises (hereinafter referred to collectively as "Governmental Approvals"). 6.2 No Representations. Landlord makes no representations or warranties concerning the Premises or any matters with respect thereto. Landlord has made no investigation of the status of the zoning or other governmental laws, statutes, ordinances, rules, regulations, actions or approvals affecting or regulating the Premises or its operation and Tenant is entering into this Lease based on its own investigation and analysis of the Premises and all such matters pertaining thereto. ARTICLE 7 MAINTENANCE, REPAIR AND ALTERATIONS 7.1 Maintenance and Repair. 7.1.1 Tenant's Obligations. Tenant covenants and agrees, at all times during the Lease Term (as it may be extended) to maintain and keep the Premises, at its sole cost and expense, in compliance with (1) all applicable laws, roles, ordinances, orders and regulations, and all changes thereto (whether or not they require alterations to the Premises) and (2) the requirements of all insurance companies insuring all or any part of the Premises. 7.1.2 Landlord's Obligations. It is intended by the parties hereto that Landlord have no obligation, in any manner whatsoever, to modify, alter, improve, repair or maintain the Premises, all of which obligations are intended to be those of Tenant. It is the intention of the parties hereto that the terms of this Lease govern the respective obligations of the parties as to maintenance and repair of the Premises and the making of improvements or alterations required by law, and they expressly waive the benefit of any law, rule, regulation, statute or court decision now or hereafter in effect to the extent it is inconsistent with the terms of this Lease. 7.2 Alterations Generally. Tenant may not make improvements, additions or alterations to the Premises ("Alterations") without Landlord's prior written consent, which shall not be ! 1086-0007X744472v3.doc 4 7/29/03 unreasonably withheld, after receipt of plans and specifications therefor and satisfaction of the following additional conditions: 7.2.1 No Alterations shall be undertaken until Tenant shall have procured and paid for, so far as the same may be required, from time to time, all permits and authorizations of all governmental authorities having jurisdiction. 7.2.2 All Alterations shall be reasonably pursued to completion and done in reasonable workmanlike manner and in compliance with all applicable permits and authorizations and all applicable laws. 7.2.3 Before any work of demolition or construction is commenced, Tenant shall notify Landlord of Tenant's intention to commence any Alterations in or to the Premises or other Improvements at least ten (10) business days before commencement. Landlord shall have the right to go upon and inspect the Premises at all reasonable times upon not less than twenty- four (24) houm prior written notice, and shall also have the right at any time to post and keep posted thereon notices of non-responsibility or such other notices which Landlord may deem to be proper for the protection of Landlord's interest in the Premises. 7.2.4 Tenant shall indemnify, defend and hold Landlord and its agents and employees harmless from and against all claims, liabilities, damages, costs and expenses (includ'mg without limitation, attorneys' fees) arising out of or with respect to liens for labor or materials supplied or claimed to be supplied in connection with Alterations done by or for Tenant. Should Tenant fail to fully discharge or remove any such lien within twenty (20) days, Landlord, at its option, may remove such lien by payment of the sum claimed or bond'mg. Any amounts so paid by Landlord, together with interest thereon at a rate equal to the Interest Rate from the time of payment until repayment, shall be repaid by Tenant within ten (10) business days after written demand by Landlord. 7.2.5 Prior to making any Alterations, Tenant and Tenant's subcontractors and agents shall obtain Workers' Compensation and commemially reasonable Builder's Risk and Liability Insurance covering all persons employed in connection with such demolition or construction and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant or the Premises. 7.2.6 Upon the substantial completion of any Alteration, Tenant shall promptly prepare and deliver to Landlord, at Tenant's cost, a complete set of as-built plans showing the Alterations as constructed. 7.2.7 Landlord's review and approval of Alterations or plans therefor shall not constitute an assumption of any liability for the design, engineering or structural integrity of the Alterations proposed to be erected or performed by Tenant, or constitute a waiver of any permits or approvals required from Landlord in its capacity as a governmental entity (as opposed to its capacity as the Landlord under this Lease). 7.3 Initial Improvements. On or before July 1, 2005, Tenant shall: (i) provide Landlord with a conceptual master plan for the physical improvements for the Club (as defined in Article 13); and (ii) provide Landlord with reasonable evidence acceptable to Landlord that 11086-0007~744472v3.doc 5 7/29/03 Tenant has the funds necessary to pay at least two-thirds of the costs of constructing the Club. Tenant shall, at Tenant's sole cost and expense, thereafter diligently construct and complete the physical improvements for the Club in a good and workmanlike manner, and in compliance with all applicable laws, permits and governmental approvals (and Section 7.2), on or before June 1, 2007, and Developer shall also open the Club for business on or before June 1, 2007. 7.4 Modular Units. Tenant may place or install "modular units" i.(~_:., so called "portables") on the Premises, provided Tenant complies with the following provisions: (i) all modular units shall be screened from the public streets and gathering spaces in such a way as to be unnoticeable to the greatest possible degree; this screening may include a combination of the following: permanent buildings or structures, screening walls and landscaping. In addition, all other landscape and site layout criteria required by the City of Temecula Development Code and Design Guidelines shall also apply to modular units; (ii) if a modular unit is not visible from a street or public gathering place, the modular unit shall provide at least minimal design compatibility with the surround area; examples of minimal design compatibility include the use of exterior trim elements, similar colors, and other features to soften the appearance of the structure; and (iii) modular units that are potentially visible from the public street shall have architectural detailing similar to permanent structures; examples include: accentuated entrances, pop-out features, windows, integrated with the minimal design compatibility components described above, but supplemental landscaping, to further screen the modular unit may also be required. 7.5 Ownership of Improvements. All improvements and alterations made by Tenant, and all modular units not promptly removed by Tenant, shall become the property of Landlord upon the expiration or entire termination of this Lease. ARTICLE 8 INSURANCE 8.1 Insurance. Tenant shall maintain or cause to be maintained, at its sole cost and expense, the following insurance with respect to the Premises: 8.1.1 Liability Insurance. Comprehensive general liability insurance against any and all liability of the insured for personal injury, death, or property damage with respect to or arising out of the ownership, maintenance, use or occupancy of the Premises, and all operations incidental thereto including, but not limited to, structural alterations, new construction and demolition, including a broad form commercial general liability endorsement covering the insuring provisions of this Lease and the performance by Tenant of the indemnity agreements set forth in this Lease, the insurance to have limits of not less than Five Million Dollars ($5,000,000.00) for bodily injury, personal injury and property damage liability. 8.1.2 Worker's Compensation Insurance. Worker's Compensation insurance covering all persons employed by Tenant in the conduct of its business on the Premises, or as required by law from time to time. 8.1.3 Special Cause of Loss. "Special Cause of Loss" property insurance on the improvements in an amount not less than the full insurable value on a replacement cost basis of 11086-0007~744472v3.doc 6 7/29/03 the improvements on the Land and Tenant's trade fixtures. During all construction periods, such policy shall be written in the so-called "Builder's Risk Completed Value Non-Reporting Form" with no coinsurance requirement and shall contain a provision granting the insured permission to complete. 8.2 Policy Requirements. All insurance required under this Lease shall: (A) have Landlord named as additional insured; (B) state that the insurance afforded to each of the above- named insureds shall be primary insurance and any other valid and collectible insurance available to either of the insureds shall be excess insurance and under no cimumstances shall be considered contributory; (C) provide that coverage shall not be revised, canceled or reduced until at least thirty (30) days written notice of such revision, cancellation or reduction has been given to Landlord (except in the event of cancellation for nonpayment of premium, which notice shall be provided at least ten (10) days prior to cancellation); and (D) be issued by insurance companies which are qualified to do business in the State of California and having a rating of not less than A-VIII in Best's Insurance Guide. 8.3 Blanket Policy. Any or all insurance required under this Lease may be part of a blanket policy or policies of insurance maintained by Tenant covering the risks to be insured against under this Lease so long as the coverage required under this Lease is not diminished. 8.4 Right of Landlord to Obtain Insurance. Prior to the Commencement Date, and thereafter not less than thirty (30) days prior to the expiration date of each policy theretofore furnished pursuant to this Article 8, Tenant shall deliver to Landlord, in the manner required for notices, copies or certificates of all insurance policies required by this Lease or, alternatively, proof acceptable to Landlord that such insurance has been or will be obtained prior to the Commencement Date or the expiration date of such policies, as applicable. If Tenant fails or refuses to procure or to maintain insurance as required by this Lease, or fails or refuses to furnish Landlord with proof acceptable to Landlord that the insurance has been or will be procured within five (5) business days following Landlord's demand for such proof, Landlord shall have the right, at Landlord's election, to procure and maintain such insurance, in addition to all other rights and remedies Landlord may possess on account of such default. The premiums paid by Landlord in such event shall be treated as rent due from Tenant to be paid on the first day of the next month following the date on which the premiums were paid, with interest at a rate equal to the Interest Rate from the time of payment until repayment. Landlord shall give prompt notice of the payment of such premiums, stating the amounts paid and the names of the insurer or insurers to whom such premiums were paid. 8.5 Waiver of Subrogation. Landlord and Tenant each agree to have their respective insurance companies issuing insurance with respect to the Premises waive any rights of subrogation that such companies may have against Landlord or Tenant, as the case may be. Landlord and Tenant hereby waive any and all rights of recovery against the other, or against the officers, employees, agents and representatives of such other party, for loss of or damage to such waiving party or its property or the property of others under its control, arising from any cause insured against under any insurance policies required to be carded by this Article 8 or under any other policy of insurance carried by such waiving party, to the full extent permitted by such policies. l1086-0007\744472v3.doc 7 7/29/03 ARTICLE 9 DAMAGE AND DESTRUCTION 9.1 Rights and Obligations. If the improvements now located or hereafter constructed or installed on the Premises or any part thereof are damaged by fire or other casualty, Tenant shall diligently restore said improvements to their condition prior to the damage, at Tenant's sole cost and expense. 9.2 Waiver of Statutory Provisions. The provisions of this Lease, including this Article 9, constitute an express agreement between Landlord and Tenant with respect to any and all damage to, or destruction of, all or any part of the improvements on Premises, and any statute or regulation of the state in which the Premises are located, including, without limitation, Sections 1932(2) and 1933(4), and 1941 and 1942 of the Califomia Civil Code, with respect to any rights or obligations concerning damage or destruction in the absence of an express agreement between the parties, and any other statute or regulation, now or hereat~er in effect, shall have no application to this Lease or any damage or destruction to all or any part of the improvements on the Premises. ARTICLE 10 EMINENT DOMAIN 10.1 Total Taking. If (i) the whole of the Premises shall be taken in any Condemnation Proceedings (as defined below), or (ii) if a portion of the Premises shall be taken as to make it imprudent or unreasonable to use the remaining portion for the purposes permitted by this Lease, or (iii) if access to the Premises is substantially impaired as a result of any taking (a "Total Taking"), then this Lease shall terminate and expire on the date of surrender of possession of the Premises, or such portion thereof, to the condemning authority. Tenant shall continue to pay the rent hereunder and, in all other respects, observe and perform all of the terms, covenants, agreements, provisions, conditions and limitations of this Lease to be observed and performed by Tenant until the date of surrender of possession. "Condemnation Proceeding" shall mean the exercise of any power or right of eminent domain or condemnation by those authorized to exercise such right, or any agreement between Landlord and those authorized to exercise such rights. 10.2 Partial Taking. If only a part of the Premises shall be permanently taken, and the taking of such part does not make it unreasonable to use the remaining portion thereof for the then current use of the Premises as determined by Tenant, in its sole discretion (a "Partial Taking"), Landlord or Tenant may have the right to terminate this Lease upon thirty (30) days' prior written notice to the other party, but not later than thirty (30) days of such taking. If neither party terminates this Lease, and a portion of the Premises is taken, Tenant shall make any repairs necessary to restore the functionality of the remaining Premises, and rent shall be abated with respect to the part of the Premises taken. Tenant shall pay for all costs of restoring the functionality of the remaining Premises. Landlord shall be entitled to receive the entire amount of any award or payment made in connection with such taking, except that Tenant shall be entitled to awards of severance damages and awards for the value of the portion of buildings (not land) taken and Tenant may file a separate claim against the condemning authority for the taking 11086-0007\744472v3.doc 8 7/29/03 of Tenant's personal property within the Premises and for Tenant's relocation expenses, provided such claims are separately payable to Tenant. 10.3 Temporary Taking. If the temporary use of the whole or any part of the Premises shall be taken by any Condemnation Proceeding for a period of not more than one hundred twenty (120) consecutive days (a "Temporary Taking"), (i) Tenant shall give prompt notice thereof to Landlord, (ii) the Lease Term (as it may have been extended) shall not be reduced or affected in any way, (iii) Tenant shall continue to pay in full the annual Base Rent and other charges herein reserved without reduction or abatement, (iv) except to the extent prevented by reason of any order of the condemning authority, Tenant shall continue to perform and observe all of the other covenants, conditions and agreements of this Lease to be performed or observed by Tenant; and (v) Tenant shall be entitled to receive from the award (if any) made by the applicable government authority, any amounts properly allocated to the temporary loss of use of the Premises by Tenant. 10.4 Entitlement to Condemnation Award. Except as expressly provided in other provisions of this Lease, condemnation awards and/or payments shall be the property of Landlord, whether such awards shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages without regard to whether or not this Lease is terminated pursuant to the provisions of this Article 10 provided, however, that (i) Tenant shall be entitled to receive the portion of any award designated as compensation for Tenant's personal property and fixtures, and (ii) in the event this Lease is terminated pursuant to the provisions of this Article 10, Tenant shall also be entitled to sums specifically awarded to Tenant for Tenant's relocation and moving expenses. 10.5 Landlord Appointed Attorney-in-Fact. In the event any action is filed to condemn the Land, the improvements thereon, Tenant's leasehold estate or any part thereof, by any public or quasi-public authority under the power of eminent domain, or in the event that any action is filed to acquire the temporary use of the Land, the improvements thereon, Tenant's leasehold estate or any part thereof, or in the event that any such action is threatened or any public or quasi-public authority communicates to Landlord or Tenant its desire to acquire the Land, the improvements thereon, Tenant's leasehold estate or any part thereof, or the temporary use thereof, by a voluntary conveyance or transfer in lieu of condemnation, then Tenant shall give prompt notice thereof to Landlord after Tenant obtains actual knowledge of same. Tenant shall reasonably cooperate in a commercially reasonable and timely manner with Landlord to maximize any award. No agreement, settlement, conveyance or transfer to or with the condemning authority shall be made without the consent of Landlord. 10.6 Waiver. Landlord and Tenant agree that the terms of this Lease shall govern the effect of any Total Taking, Partial Taking or Temporary Taking and hereby waive the provisions of any present or future law, rule, regulation, statute or court decision, including, without limitation, Section 1265.130 of the Califomia Code of Civil Procedure, to the extent inconsistent herewith. 11086-O007\744472v3.doc 9 7/29/03 ARTICLE 11 UTILITIES 11.1 Payment. Tenant agrees to pay, as and when due, all charges for utilities, including, without limitation, water, sewer, oil, gas, telephone, electricity and public utilities (hereinafter collectively referred to as "utilities") incurred by Tenant in connection with its or any other's use of the Premises. No interruption in any utilities shall result in an abatement of Rent hereunder or entitle Tenant to terminate this Lease, except to the extent such interruption is directly caused by Landlord or any of its officers, employees, agents or contractors. 11.2 Installation. Tenant shall pay any and all fees or other charges for the installation of or connection to oil, gas, electricity, water, telephone, sanitary sewer, storm or drainage sewer, and any and all other utilities as Tenant may require for its intended use of the Premises. ARTICLE 12 LANDLORD'S ACCESS AND INFORMATION 12.1 Inspections. Tenant will permit Landlord and its authorized agents and representatives to enter the Premises at all reasonable times for the purposes of protecting Landlord's interest in the Premises and investigating whether Tenant is complying with this Lease upon at least twenty-four (24) hours' notice to Tenant. 12.2 Showing Premises. Landlord shall also have the right to enter the Premises at any time for the purpose of exhibiting the same to prospective purchasers or mortgagees, for the purpose of showing the same to prospective tenants, provided that any such entry shall cause as little disturbance to Tenant as reasonably practicable, and Tenant receives at least twenty-four (24) hours' prior written notice from Landlord. 12.3 Information. In the event Landlord contemplates a sale of its interest in the Land or undivided interest therein, or if required by a Fee Mortgagee or prospective Fee Mortgagee (as defined in Article 17), Landlord may request in writing from Tenant and Tenant, within thirty (30) days after such request, shall deliver to Landlord copies of the then current financial statements of Tenant and its constituent owners (collectively, the "Information"). All such Information shall be held by Landlord in confidence for Landlord's own use, except the same may be disclosed to Landlord's professional advisors, to prospective purchasers of the Premises and to Fee Mortgagees and prospective Fee Mortgagees; provided that any such disclosure shall be subject to the agreement by the party receiving the Information that the same shall be held in confidence. ARTICLE 13 USE 13.1 Use. Subject to Article 6 above, Tenant may use the Premises for a "boys and girls club" providing recreational programs for children (the "Club"). At least eighty percent (80%) of the memberships in the Club must be held by residents of the City of Temecula, and Tenant shall provide evidence of the identity and residency of its members in writing fi'om time to time promptly after written request from Landlord given fi'om time to time. No other uses 11086-0007~744472v3.doc 10 7/29/03 shall be permitted without the written consent of the Landlord, which consent may be withheld in the sole and absolute discretion of Landlord. 13.2 Continuous Operations. Tenant shall continuously operate the Club on the Premises on all business days and on Saturdays, except for national holidays and except for periods when operation is not possible due to events or cimumstances beyond the reasonable control of Tenant. 13.3 Manner of Use. Tenant agrees that it will use the Premises in such a manner so as not to interfere with or infi'inge upon the rights of occupants of land surrounding the Premises. In no event shall Tenant use or permit the use of the Premises in any manner which (a) creates a nuisance or an unreasonable annoyance to persons outside the Premises, (b) violates any law, or (c) is determined by Landlord in its good faith discretion to be an objectionable or inappropriate use of public property. 13.4 Compliance with Law. Tenant shall, at its sole cost and expense, promptly comply with all laws, statutes, rules, ordinances, orders, and governmental regulations, or requirements now in force or which may hereafter be in force relating to or affecting the Premises (including, but not limited to, applicable changes in the building and safety codes), and the cleanliness, safety, occupancy and use of the Premises. ARTICLE 14 ASSIGNMENT AND SUBLETTING 14.1 Consent Required. Tenant shall not assign, sublet, transfer, encumber, or otherwise convey all or any portion of the Premises and/or this Lease, voluntarily involuntarily or by operation of law (each, a Transfer) without the prior written consent of Landlord in Landlord's sole and absolute discretion, except that Landlord will not unreasonably withhold its consent with respect to (a) on assignment of this Lease to a lender of Tenant as security for financing or (b) subleases to nonprofit entities. If Tenant desires to make a Transfer, Tenant shall provide Landlord with current financial statements of the transferee, a summary of the material terms of the Transfer and a description of the transferee's relevant business and operating experience and Landlord shall have thirty (30) days following receipt of such information to either consent or refuse to consent to such Transfer. 14.2 Additional Conditions. Landlord's consent shall also be conditioned upon the following: 14.2.1 The proposed transferee shall agree in writing to perform faithfully and be bound by all of the terms, covenants, conditions, provisions and agreements of this Lease, which agreement shall be delivered to Landlord prior to the effective date of the transfer, and such Transfer (and any consent theretofore given by Landlord) shall not be binding upon or approved by Landlord unless it is timely delivered to Landlord; 14.2.2 In no event shall the consent by Landlord to a Transfer be construed as relieving Tenant, or any transferee (for a Transfer by that transferee) from obtaining the express written consent of Landlord to any further Transfer for which consent is required; and 11086-0007\744472v3.doc 11 7/29/03 14.2.3 There shall not be an existing Event of Default of Tenant hereunder. 14.3 Violations Void; Remedies. Any Transfer which is not in compliance with the provisions of this Article 14 shall be void and shall constitute an Event of Default under Article 15 below. No collection or acceptance of Rent by Landlord from any person other than Tenant shall be deemed a waiver of any provision of this Article 14 or the acceptance of any transferee hereunder, or a release of Tenant (or of any successor of Tenant or any transferee). 14.4 Transfer of Landlord's Interest. In the event of any sale or other transfer of Landlord's entire interest in the Land to any party, Landlord shall be automatically relieved of any and all obligations and liabilities on the part of Landlord under this Lease arising after the date of such transfer. ARTICLE 15 DEFAULTS AND REMEDIES 15.1 Default. Each of the following acts or omissions of Tenant, or occurrences, shall constitute an "Event of Default": 15.1.1 Failure or refusal to pay Rent hereunder within five (5) calendar days after written notice from Landlord that the same is due or payable hereunder; the five (5) day period shall be in lieu of, and not in addition to, the notice requirements of Section 1161 of the California Code of Civil Procedure or any similar or successor law; 15.1.2 Except as set forth in Sections 15.1.5, 15.1.6, 15.1.7 and 15.1.8 below, failure to perform or observe any other covenant or condition of this Lease to be performed or observed within thirty (30) days following written notice to Tenant of such failure, provided, if the nature of the default is such that more than thirty (30) days are reasonably required to cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within the thirty (30) day period and thereafter diligently completes such cure. Any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor Laws; 15.1.3 The subjection of any right or interest of Tenant to attachment, execution or other levy, or to seizure under the legal process, if not released within sixty (60) days, provided that the foreclosure of any mortgage permitted by the provisions of this Lease shall not be construed as a default within the meaning of this Lease. 15.1.4 The filing by Tenant hereunder in any court pursuant to any statute of a petition in bankruptcy or insolvency or for reorganization or arrangement for the appointment of a receiver of all or a portion of Tenant's property; the filing against Tenant of any such petition, or the commencement of a proceeding for the appointment of a trustee, receiver or liquidator for Tenant, or of any of the property of either, or a proceeding by any governmental authority for the dissolution or liquidation of Tenant hereunder, if such proceeding shall not be dismissed or trusteeship discontinued within sixty (60) days after commencement of such proceeding or the appointment of such trustee or receiver, or the making by Tenant hereunder of an assignment for the benefit of creditors. Tenant hereby stipulates to the lifting of the automatic stay in effect and relief/~om such stay for Landlord in the event Tenant files a petition under the United States 11086-0007\744472v3.doc 12 7/29/03 Bankruptcy laws, for the purpose of Landlord pursuing its fights and remedies against Tenant of this Lease; 15.1.5 Tenant's failure to cause to be released any mechanics' liens filed against the Premises, with respect to work performed by or for the benefit of Tenant, within one hundred twenty (120) days after written notice fi.om Landlord; 15.1.6 Tenant's failure to comply with the provisions of Articles 17 or 19 within five (5) business days after written notice from Landlord; or 15.1.7 The occurrence of a Transfer that violates Article 14. 15.1.8 Tenant's failure to timely comply with any of the requirements of Section 15.2 Remedies. 15.2.1 Upon the occurrence of an Event of Default by Tenant, Landlord may exercise all of its remedies as may be permitted by law, including, but not limited to, the remedy provided by Section 1951.4 of the California Civil Code, and including, without limitation, terminating this Lease, re-entering the Premises and removing all persons and property therefrom, which property may be stored by Landlord at a warehouse or elsewhere at the risk, expense and for the account of Tenant. If Landlord elects to terminate this Lease, Landlord shall be entitled to recover from Tenant the aggregate of all amounts permitted by law, including, but not limited to (i) the worth at the time of the amount of any unpaid Rent which had been earned at the time of such termination; plus (ii) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iii) the worth at the time of award of the amount by which the unpaid Rent for the balance of the Lease Term (as it may have been extended) after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, specifically including, but not limited to, brokerage commissions and advertising expenses incurred, expenses of remodeling the Premises or any portion thereof for a new tenant, whether for the same or a different use, and any special concessions made to obtain a new tenant; and (v) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted fi.om time to time by applicable law. As used in Items (i) and (ii), above, the "worth at the time of award" shall be computed by allowing interest at the Reference Rate (as defined below). As used in Item (iii), above, the "worth at the time of award" shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). "Reference Rate" shall mean that rate equal to two percent (2%) in excess of the reference rate of interest which Bank of America NT&SA's main office announces from time to time, or if Bank of America NT&SA discontinues announcing such a rate, the reference rate of interest which a comparable lending institution announces from time to time, as selected by Landlord, in its sole and absolute discretion, but in no event greater than the highest rate permitted by law. 11086-0007X744472v3.doc 13 7/29/03 15.2.2 All rights, powers and remedies of Landlord hereunder and under any other agreement now or hereafter in force between Landlord and Tenant shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to Landlord by law, and the exercise of one or more rights or remedies shall not impair Landlord's right to exemise any other right or remedy. 15.3 Landlord's Default. 15.3.1 Landlord Default. Landlord shall not be in default under this Lease except for the following: (a) Any failure by Landlord to make any payment required to be made by Landlord hereunder when due, where such failure continues for fifteen (15) days after delivery of written notice of such failure by Tenant to Landlord; or (b) Any failure by Landlord to perform or comply with any other provision of this Lease, to be performed or complied with by Landlord where such failure continues for thirty (30) days after delivery of written notice of such failure by Tenant to Landlord; provided, however, that if the nature of such default is such that the same cannot reasonably be cured within such thirty (30) day period, there shall not be a Landlord Default if Landlord shall, within thirty (30) days of such notice commence such cure, and thereafter diligently prosecute such cure to completion. ARTICLE 16 TENANT'S PROPERTY All movable trade fixtures and equipment at the Premises shall remain and continue to be the property of Tenant and may be removed, renovated, altered, added to or replaced at any time during the term of this Lease provided that Tenant promptly repairs all damage to the Premises and restores the Premises to their condition prior to the installation of Tenant's property. ARTICLE 17 FEE MORTGAGES 17.1 Encumbrance of Reversion. Landlord, at any time and from time to time, may finance or encumber its interest in the Premises and its rights in and to this Lease (collectively, "Landlord's Interest"). 17.2 Recognition of Lease. Tenant shall be required to subordinate Tenant's leasehold estate in the Premises to the lien of any encumbrance against Landlord's Interest, provided such lienholder provides Tenant with a commercially reasonable non-disturbance and attomment agreement pursuant to which such lienholder agrees not to disturb Tenant's tenancy hereunder so long as Tenant is not in default hereunder. Tenant hereby agrees to execute such further reasonable documents and assurances as any future lienholder may require. In the event any Fee Mortgagee (as defined below) forecloses on its lien against Landlord's Interest, or acquires Landlord's Interest by agreement in lieu of foreclosure or otherwise, Tenant shall attom to such Fee Mortgagee, recognize such Fee Mortgagee as its landlord hereunder and execute such documents as such Fee Mortgagee may request acknowledging such Fee Mortgagee as Tenant's 11086-0007~744472v3.doc 14 7/29/03 landlord hereunder. Tenant hereby waives the provisions of any current or future statute, rule or law which may give or purport to give Tenant any right or election to terminate or otherwise adversely affect this Lease and the obligations of Tenant hereunder in the event of any foreclosure or transfer in lieu of foreclosure thereunder. All Fee Mortgages shall recognize Tenant's leasehold interest in the Premises created hereby and acknowledge and agree that this Lease shall continue without disturbance following any foreclosure or transfer in lieu of foreclosure pursuant to any such Fee Mortgage (as defined below). "Fee Mortgage" shall mean a mortgage or deed of trust imposed by Landlord upon its interest. "Fee Mortgagee" shall mean the mortgagee or beneficiary of any Fee Mortgage. 17.3 Notice to Fee Mortgagee. If (i) any Fee Mortgagee, (ii) other person or entity who purchases a Fee Mortgagee's interest in the Premises and/or in this Lease at a foreclosure sale ("Fee Purchaser") or (iii) the first Person to whom Fee Mortgagee assigns its interest in the Premises and in this Lease (the "Fee Assignee") (collectively, the "Fee Successor") shall have notified Tenant of its interest in the Premises, Tenant thereafter shall give to such Fee Successor a copy of each notice of default simultaneously with Tenant's providing such notice to Landlord and Tenant shall not be entitled to exercise its rights upon an event of default by Landlord or serve a notice of cancellation and termination upon Landlord unless a copy of any prior notice of default shall have been given to the Fee Successor, as hereinabove provided, and the time specified herein for the curing of such default shall have expired without the same having been cured. The performance of the Fee Successor of any condition or agreement on the part of Landlord to be performed hereunder will be deemed to have been performed with the same force and effect as though performed by Landlord. ARTICLE 18 INDEMNITY AND EXEMPTION OF LANDLORD FROM LIABILITY 18.1 Indemnity. Tenant shall release, indemnify, defend and hold harmless, Landlord, and its officers, agents, employees, successors, assigns and attorneys (collectively, "Indemnitees"), from and against any and all claims, suits, demands, liabilities, damages, costs and expenses (including reasonable attorneys' fees, expert witnesses' fees, exhibits and other costs), arising from or in connection with Tenant's lease, use or possession of the Premises or the conduct of its business or from any activity performed or permitted by Tenant in or about the Premises or arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, or arising from any other act, neglect, fault or omission of Tenant or any of its officers, agents, directors, contractors, employees, licensees, invitees, patrons or customers. As a material part of the consideration to the Landlord for entering into this Lease, Tenant hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises, except that which is caused by the gross negligence or willful misconduct of Landlord or any of Landlord's officers, employees, agents or contractors, provided such willful misconduct or gross negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where an Indemnitee is shown to have engaged in willful misconduct or been grossly negligent and where the Indemnitees' willful misconduct or gross negligence accounts for only a percentage of the liability involved, the obligation of Tenant will be for that entire portion or percentage of liability not attributable to the willful misconduct or gross negligence of the Indemnitee(s). 11086-0007\744472v3.doc 15 7/29/03 18.2 Exemption of Landlord From Liability. Except for Landlord's willful or grossly negligent conduct or that of any of Landlord's officers, employees, agents or contractors (provided such willful misconduct or gross negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction), Landlord shall not be liable for injury to Tenant's business or loss of income therefrom, or for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees, customers, agents, or any other person in, on or about the Premises. 18.3 Survival. The provisions of this Article 18 shall survive the expiration or earlier termination of this Lease with respect to any claims or liability occurring prior to such expiration or termination. ARTICLE 19 ESTOPPEL CERTIFICATES Tenant shall, at any time and from time to time, upon not less than ten (10) business days' prior written notice from Landlord, execute, acknowledge and deliver to Landlord a statement in writing certifying the following information (but not limited to the following information in the event further information is reasonably requested by Landlord): (a) that this Lease is modified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as modified, is in full force and effect); (b) the date to which Rent and other charges are paid in advance, if any; (c) the amount of Tenant's security deposit, if any; and (d) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, and no events or conditions then in existence which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, or specifying such defaults, events or conditions, if any are claimed. It is expressly understood and agreed that any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Premises. ARTICLE 20 HAZARDOUS MATERIALS 20.1 No Hazardous Materials. Tenant shall not permit the use, storage or transportation of Hazardous Materials on or about the Premises except as reasonably necessary for the uses of the Premises permitted under this Lease, and then only in accordance with applicable laws. 20.2 Notice. Tenant shall notify Landlord in writing of any releases of Hazardous Materials on the Premises, except as permitted in Section 20.1 above, any claims made with respect to Hazardous Materials on the Premises, and any Notices of Violation or similar notices with respect to Hazardous Materials on the Premises, in each case promptly after receiving notice or obtaining knowledge of the same. 20.3 Indemnity. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Premises, damages for the loss or restriction or use of the Premises, and sums paid in settlement of claims, attorney's fees, 11086-0007~744472v3.doc 16 7/29/03 consultant fees, and expert fees) which arise as a result of the use, storage or transportation of Hazardous Materials by Tenant during or after the date of this Lease. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any reasonable investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Materials present in the soil or ground water on or under the Premises as a result of the use, storage or transportation of Hazardous Materials by Tenant during or after the date of this Lease. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises caused or permitted by Tenant results in any contamination of the Premises, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises to the condition existing prior to the introduction of any such Hazardous Material, and the contractors to be used by Tenant for such work must be approved by Landlord, which approval shall not be unreasonably withheld. 20.4 No Release. Neither Section 20.3, nor any other provision of this Lease, shall release Tenant from any liability that may arise as a result of the presence of Hazardous Materials in, on, or under the Premises, including but not limited to Hazardous Materials present in the soil or ground water, whether before or after the date of this Lease. 20.5 Hazardous Material Defined. As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the State of California or the United States Government. The term "Hazardous Material" includes, without limitation, any material or substance which is (i) defined as "Hazardous Waste," "Extremely Hazardous Waste," or "Restricted Hazardous Waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (ii) defined as a "Hazardous Substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act); (iii) defined as a "Hazardous Material," "Hazardous Substance," or "Hazardous Waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (iv) defmed as a "Hazardous Substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (v) petroleum; (vi) asbestos; (vii) defined as "Hazardous" or "Extremely Hazardous" pursuant to Article II of Title 22 of the California Administrative Code, Division 4, Chapter 20; (viii) designated as a "Hazardous Substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. Section 1317); (ix) defined as a "Hazardous Waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (42 U.S.C. Section 6903); or (x)defined as a "Hazardous Substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601, et seq. (42 U.S.C. Section 9601). 20.6 Laws. As used herein, the term "laws" means any applicable federal, state or local law, ordinance, or regulation relating to any Hazardous Material. 11086-0007\744472v3.doc 17 7/29/03 ARTICLE 21 SURRENDER At the expiration or earlier termination of this Lease, Tenant shall, at its sole cost and expense, deliver the Premises to Landlord in similar or better condition and repair as Tenant received the Premises, broom clean and with all of Tenant's property removed. Tenant may elect within thirty (30) days before expiration of the term, or upon notice of termination of this Lease, to remove any fixtures that Tenant has placed on the Premises. If Tenant so elects, Tenant at its sole cost, shall restore the Premises to similar or better condition and repair as Tenant received the Premises, or such other condition as is mutually agreeable to Landlord and Tenant before the last day of the term or by such other date as agreed to by Landlord and Tenant. ARTICLE 22 GENERAL PROVISIONS 22.1 Non-Waiver. No waiver by either party of any provision of this Lease shall be deemed to be a waiver of any other provision hereof or of any subsequent breach by such party of the same or any other provision. No provision of this Lease may be waived by either party, except by an instrument in writing executed by such party. Either party's consent to or approval of any act requiting such party's consent or approval shall not be deemed to render unnecessary the obtaining of such party's consent to or approval of any subsequent act, whether or not similar to the act so consented to or approved. The subsequent acceptance of Rent hereunder by Landlord or the acceptance of payment fi~om Landlord by Tenant, shall not be deemed to be a waiver of any preceding breach by the party from whom payment was received of any provision of this Lease, other than the payment so accepted, regardless of the accepting party's knowledge of such preceding breach at the time of acceptance. No act or thing done by Landlord or Landlord's agents shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept such surrender shall be valid unless in writing and signed by Landlord. 22.2 Attorneys' Fees; Waiver of Jury Trial. In any action to enforce the terms of this Lease, including any suit by Landlord for the recovery of Rent or possession of the Premises, the losing party shall pay the successful party all attorneys' fees and costs in such suit and upon appeal, and all such attorneys' fees shall be deemed to have accrued prior to the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. 22.3 Broker's Commissions. Landlord and Tenant hereby warrant to each other that they have had no dealings with any real estate broker or 'agent in connection with this Lease. Each party hereto shall indemnify and hold the other harmless on account of any loss, claim, liability or expense, of whatever kind and whatever nature, including attorneys' fees and costs, arising out of a claim by any other real estate broker or agent for a brokerage commission pertaining to the Lease and based on any act or statement made by the indemnifying party. 22.4 Severability; Entire Agreement; Amendments. Any provision of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof, and any such other provisions shall remain in full force and effect. This Lease and the exhibits attached hereto constitute the entire agreement between the parties hereto with respect to the subject matter hereof, and no prior agreement or understanding pertaining to any 11086-0007~744472v3.doc 1 8 7/29/03 such matter shall be effective for any purpose. No provision of this Lease may be amended or supplemented except by an agreement in writing signed by the parties hereto or their successor- in-interest. 22.5 Notices. All notices, approvals, demands, reports, requests and other communications provided for in this Lease shall be in writing (including telex, telecopy, telegram or similar writing) and shall be given to such party at its address set forth below, and with copies given as shown below (or such other address as such party may hereafter specify for the purpose by notice to the other party listed below). Each such notice, approval, demand, report or other communication shall be deemed delivered to the party to whom it is addressed (A) if personally served or delivered, upon delivery, (B) if given electronic communication, whether by telex, telegram or telecopier, upon the sender's receipt of an appropriate answer back or other written acknowledgment or confirmation of receipt of the entire notice, approval, demand, report or other communication, (C) if given by certified or registered mail, retum receipt requested, deposited with the United States Mail with first-class postage prepaid, seventy- two (72) hours after such notice is deposited with the Un/ted States Mail, or (D) if given by reputable overnight courier with courier charges prepaid twenty-four (24) hours after delivery to the ovemight courier. To Landlord: City of Temecula 43200 Business Park Drive Temecula, California 92589-9033 Attn: City Manager With a copy to: Richards, Watson & Gershon th 355 South Grand Avenue, 40 Floor Los Angeles, California 90071 Attn: Bruce Galloway, Esq. To Tenant: Boys and Gifts Club of Southwest County 28790 Pujol Street Temecula, California 92590 Attn: Executive Director 22.6 Further Assurances. Tenant and Landlord each hereby agrees to take such further actions and to execute such other and further documents as may be required to carry out the purposes of this Lease. I 1086-0007~744472v3.doc 19 7/29/03 22.7 Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of California, regardless of the conflicts of law provisions thereof. All controversies, claims, actions or causes of action arising between the parties hereto and/or their respective successors and assigns shall be brought, heard and adjudicated by the courts of the State of California, with venue in the County of Los Angeles. 22.8 Successors and Assigns. Subject to the provisions of Article 14 hereof, all of the covenants, conditions and provisions of this Lease shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. 22.9 Time of Essence. Time is of the essence with respect to the performance of every provision of this Lease. 22.10 Headings; Joint and Several. The article headings contained in this Lease are for convenience only and do not in any way limit or amplify any term or provision hereof. The terms "Landlord" and "Tenant" as used herein shall include the plural as well as the singular, the neuter shall include the masculine and feminine genders. 22.11 No Option. The submission of this Lease by Landlord, its agent or representative for examination or execution by Tenant does not constitute an option or offer to Lease the Land upon the terms and conditions contained herein or a reservation of the Premises in favor of Tenant, it being intended hereby that this Lease shall only become effective upon the execution hereof by Landlord and delivery of a fully executed lease to Tenant. No act or omission of any agent of Landlord shall alter, change or modify the provisions of this Section. 22.12 Right of Landlord to Perform. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of Rent. If Tenant shall fail to pay any sum of money, other than Rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the Interest Rate from the date of such payment by Landlord, shall be payable to Landlord on demand, and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other fight or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of rent. 22.13 Survival of Obligations. Any obligations of Landlord or Tenant occurring prior to the expiration or earlier termination of this Lease shall survive such expiration or earlier termination. 22.14 Relationship of Parties. Nothing contained in this Lease shall be deemed or construed by the parties hereto or by any third party to create any relationship of principal and 11086-0007\744472v3.doc 20 7/29/03 agent, partnership, association, joint venture or otherwise between Landlord and Tenant. The sole relationship of the parties hereto shall be that of Landlord and Tenant. 22.15 Exhibits and Addenda. The Exhibits attached hereto are incorporated herein by this reference as if fully set forth herein. 22.16 Execution in Counterparts. This Lease may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. For purposes of this Lease, facsimile signatures shall be deemed to be original signatures, and shall be followed by the immediate overnight delivery of original signature pages. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. CITY OF TEMECULA, a municipal corporation ATTEST: By: Name: Title: By: City Clerk BOYS AND GIRLS CLUB OF SOUTHWEST COUNTY, a California nonprofit corporation APPROVED AS TO FORM: By: Name: Title: By: Name: Title: By:. 11086-0007~744472v3.doc 21 7/29/03 EXHIBIT .~' LEGAL DESCRIPTION GROUND LEASE EASEMENT KENT HINTERGARDT PARK THAT PORTION OF PARCEL 184 OF TRACT MAP 23267-2, AS SHOWN ON A TRACT MAP ON FILE IN BOOK 237 AT PAGES 63 THROUGH 69, INCLUSIVELY OF TRACT MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF VIA DEL CORONADO AND VIA CORDOBA AS SHOWN ON SAID MAP, SAID POINT BEING MARKED BY A 1-INCH IRON PIPE TAGGED R.C.E. 14594 PER SAID MAP; SAID POINT ALSO BEING ON THE ARC OF A 1200.00 FOOT RADiUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 33 DEGREES 00' 00" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14 DEGREES 27' 55", A DISTANCE OF 302.95 FEET; THENCE LEAVING SAD NORTHEASTERLY LINE, RADIALLY NORTH 18 DEGREES 10' 31" EAST, 41.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 71 DEGREES 49' 29" EAST 85.00 FEET; THENCE NORTH 18 DEGREES 10' 31" EAST 125.00 FEET; THENCE NORTH 71 DEGREES 49' 29" WEST 85.00 FEET; THENCE SOUTH 18 DEGREES 10'31" WEST 125.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 10,625.00 SQUARE FEET OR .244 ACRES MORE OR LESS. THE DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED "EXHIBIT B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION: RONALD J. PARKS DEPUTY DIRECTOR OF PUBLIC WORKS REGISTERED CIVIL ENGINEER NO. 19744 EXPIRES 9-30-05 J, PARKS No, 19744 R:\CIPXI?ROIECTS'~PW94\PW94-01 Kent Hintergardf~LEGAL_GROUND LEASE EASEMENt.doc NO. DIF. CIlON DiSTN~CE U N 18'I0'31" E 4.1.10' 1.2 S 71'49'29" E 85.00' L3 N 18'10'31" E 125.00' L4 N 71'4~'29" W 85,00' L,5 S 18'10~31'' W 125.00' CffY OF/E~ECULA PREPARED BY: Oily OF TEOECULA 4,$200 8US(NESS PARK DR. -6411 ITEM 13 APPROVAL~,').~ CITY ATTORNEY DIRECTOR OF FINANG/E CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Herman Parker, Director of Community Services October 28, 2003 Cable, Video and Telecommunications Ordinance PREPARED BY: RECOMMENDATION: entitled: ~hyllis L. Ruse, Deputy Director of Community Services That the City Council introduce and read by title only an Ordinance ORDINANCE NO. 2003- AN ORDINANCE OF THE CITY OF TEMECULA REGULATING CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICE PROVIDERS, AND AMENDING IN ITS ENTIRETY CHAPTER §.12 OF TITLE 5 OF THE TEMECULA MUNICIPAL CODE DISCUSSION: On August 26, 2003, the City Council introduced and read the title only of the Cable, Video and Telecommunications Ordinance. At that meeting, a representative from Verizon raised concerns with some of the rights-of-way provisions of the Ordinance. The City Attorney suggested two possible changes to the Ordinance that would address Verizon's concerns. Those changes are: 1) Additional language in the introductory portion of the Ordinance to state that the Ordinance will comply with all applicable Federal and State laws Incorporate the City's normal appeal procedure within Article 5 of the Ordinance Council directed staff to make the suggested modifications to the Ordinance. The changes appear in Section 5.12.020(B)(2) and Section 5.12.160(E), respectively. Staff has sent and received several e-mails and has participated in several conference calls with Verizon representatives subsequent to the Council meeting to discuss remaining questions and concerns. Verizon continued to raise their original objections to certain provisions of the Ordinance R:\RUSEP~AGENDAS\telecommunicatJons ordinance 10-28-03.doc and requested additional or different language in the Ordinance. Verizon's concerns were that the Ordinance language might allow the City to place an unreasonable or impracticable burden on utility providers or keep them from complying with statutory or regulatory mandates. Vedzon also opined that the use of construction windows would unnecessarily delay the provisioning of services to customers. Finally, Verizon expressed concerns about [imitations upon the number of above ground facilities and the dimensions, volume or both of those facilities. After careful consideration of Verizon's concerns, the City Attomey's office has drafted new language for the Ordinance to address these issues. Section 5.12.160(A)(2) has been modified to reflect regulation of construction, allowing the City control of hours and days for scheduled work (e.g. to avoid rush hours and holidays around shopping areas) and to ensure that utility scheduled work is coordinated with our major construction projects, while not restricting emergency work. This language replaces the construction "window" concept that was part of the previous version. Section 5.12.160(D) has been added to clarify that the City will develop administrative policies only after a consultative process that allows utility companies to comment on those policies prior to implementation. In addition, the Public Works Department currently hosts a quarterly utility coordination meeting. The purpose of the meetings is to coordinate construction activities, resolve scheduling conflicts, and discuss any outstanding issues concerning encroachment permits. All utility providers working within the City are invited to attend these meetings. This provides a collaborative forum where these types of issues may be dealt with most effectively. Staff has spoken with Verizon representatives and has received their verbal approval of the changes. The language changes, in conjunction with the quaderly utility coordination meetings, address Verizon's concerns, while maintaining the City's ability to appropriately control the public rights-of-way. Since there have been language modifications to the Ordinance subsequent to Council's direction at the August 26 meeting, it is necessary to reintroduce the Cable, Video and Telecommunications Ordinance. FISCAL IMPACT: There is no immediate fiscal impact related to the adoption of this Ordinance. Attachment: Cable, Video and Telecommunications Ordinance R:\RUSEP~AGENDAS\telecommunicafions ordinance 10-28-03.doc ORDINANCE NO. 03-11 AN ORDINANCE OF THE CITY OF TEMECULA REGULATING CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICE PROVIDERS, AND AMENDING IN ITS ENTIRETY CHAPTER 5.12 OF TITLE 5 OF THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. repealed in its entirety. Chapter 5.12 of Title 5 of the Temecula Municipal Code is Section 2. The Temecula Municipal Code is amended by adding to Title 5 a new Chapter 5.12 to read as follows: "CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICE PROVIDERS ARTICLE 1. GENERAL PROVISIONS 5.12.010 Title This ordinance is known and may be cited as the "Cable, Video, and Telecommunications Service Providers Ordinance" of the City of Temecula. 5.12.020 Purpose and Intent A. The City Council finds and determines as follows: 1. The development of cable, video, and telecommunications services and systems may provide significant benefits for, and have substantial impacts upon, the residents of the City. 2. Because of the complex and rapidly changing technology associated with cable, video, and telecommunications services and systems, the public convenience, safety, and general welfare can best be served by the City's exercise of its regulatory powers. 3. This chapter adopts provisions that authorize the City to regulate cable, video, and telecommunications service providers to the extent authorized by federal and state law, including but not limited to the federal Cable Communications Policy Act of 1984, the federal Cable Television Consumer Protection and Competition Act of 1992, the federal Telecommunications Act of 1996, applicable regulations of the Federal Communications Commission, and applicable California statutes and regulations. 743035-6 1 4. The cable, video, and telecommunications services that are addressed in this chapter include services provided by cable television systems, open video systems, master antenna television systems, satellite master antenna television systems, direct broadcast satellite systems, multichannel multipoint distribution systems, local multipoint distribution systems, and other providers of video programming, whatever their technology, as well as voice and data services provided by telephone corporations. B. The purpose and intent of this ordinance is to provide for the attainment of the following objectives: 1. To enable the City to discharge its public trust in a manner consistent with rapidly evolving federal and state regulatory policies, industry competition, and technological development. 2. To authorize and to manage reasonable access to the City's public rights-of-way and public property for cable, video, and telecommunications purposes on a competitively neutral and nondiscriminatory basis, and in a manner consistent with all applicable federal and state statutes and regulations. 3. To obtain fair and reasonable compensation for the City and its residents for authorizing the private use of the public rights-of-way and public property. 4. To promote competition in cable, video, and telecommunications services, minimize unnecessary local regulation of cable, video, and telecommunications service providers, and encourage the delivery of advanced and competitive cable, video, and telecommunications services on the broadest possible basis to local government and to the businesses, institutions, and residents of the City. 5. To establish clear local guidelines, standards, and time frames for the exercise of local authority with respect to the regulation of cable, video, and telecommunications service providers. 6. To encourage the deployment of advanced cable, video, and telecommunications infrastructure that satisfies local needs, delivers enhanced services, and provides informed consumer choices in an evolving cable, video, and telecommunications marketplace. 7. To maintain and to enhance public, educational, and govermnental programming opportunities that will enable local government to communicate with its residents and to provide them with alternate means of disseminating information. 5.12.030 Defined Terms and Phrases Various terms and phrases used in this ordinance are defined below in Section 5.12.170. 743035-6 2 5.12.035 Suspension and Waiver of Application Fee Deposits A. With regard to any application fee deposit for an initial franchise, or for the renewal of a franchise, or for the transfer or change in control of a franchise that is authorized by this Chapter 5.12, the City Manager may suspend that application fee deposit in accordance with this section. B. The City Manager, in consultation with the City Attorney, will review all written information submitted by the applicant or franchisee in support of its contention that applicable law prohibits imposition of the application fee deposit provided for by this Chapter 5.12. Ifa determination is made that applicable law supports the contention of the applicant or franchisee, then the City Manager may suspend the imposition of the application fee deposit; provided, however, that such suspension must be ratified by the City Council within 30 days after the City Manager's determination and, if ratified, the application fee deposit will be deemed to have been waived." ARTICLE 2. CABLE TELEVISION SYSTEMS 5.12.040 Authority and Findings A. In accordance with applicable federal and state law, the City is authorized to grant one or more nonexclusive franchises to construct, reconstruct, operate, and maintain cable television systems within the City limits. B. The City Council finds that the development of cable television services may provide significant benefits for, and substantial impacts upon, the residents of the City. Because of the complex and rapidly chang/ng technology associated with cable television, the City Council further finds that the public convenience, safety, and general welfare can best be served by establishing regulatory powers to be exercised by the City. This Article 2 is intended to specify the means for providing to the public the best possible cable television services, and every franchise issued in accordance with this Article 2 is intended to achieve this primary objective. It is the further intent of this Article 2 to adopt regulatory provisions that will enable the City to regulate cable television services to the maximum extent authorized by federal and state law. 5.12.050 Franchise Terms and Conditions A. Franchise Purposes A franchise granted by the City under the provisions of this Article 2 may authorize the Grantee to do the following: 1. To engage in the business of providing cable television services that are authorized by law and that the Grantee elects to provide to its subscribers within the designated franchise service area. 743035-6 3 2. To erect, install, construct, repair, rebuild, reconstruct, replace, maintain, and retain, cable lines, related electronic equipment, supporting structures, appurtenances, and other property in connection with the operation of the cable system in, on, over, under, upon, along and across streets and public rights-of-way within the designated franchise service area. 3. To maintain and operate the franchise properties for the origination, reception, transmission, amplification, and distribution of television and radio signals, and for the delivery of cable services and such other services as may be authorized by law. B. Franchise Required It is unlawful for any person to construct, install, or operate a cable television system within any street or public way in the City without first obtaining a franchise under the provisions of this Article 2. C. Term of the Franchise 1. A franchise granted under this Article 2 will be for the term specified in the franchise agreement, commencing upon the effective date of the resolution adopted by the City Council that authorizes the franchise. 2. A franchise granted under this Article 2 may be renewed upon application by the Grantee in accordance with the then-applicable provisions of state and federal law and this Article 2. D. Franchise Service Area A franchise is effective within the territorial limits of the City, and within any area added to the City during the term of the franchise, unless otherwise specified in the resolution granting the franchise or in the franchise agreement. E. Federal or State Jurisdiction This Article 2 will be construed in a manner consistent with all applicable federal and state laws, and it applies to all franchises granted or renewed after the effective date of this chapter, to the extent authorized by applicable law. F. Franchise Non-Transferable 1. Grantee may not sell, transfer, lease, assign, sublet, or dispose of, in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation, or otherwise, the franchise or any of the rights or privileges therein granted, without the prior written consent of the City Council, which consent may not be unreasonably denied or delayed. Any attempt to sell, transfer, lease, assign, or otherwise dispose of the franchise without the written consent of the City Council is null and void. The granting ora 743035-6 4 security interest in any assets of the Grantee, or any mortgage or other hypothecation, will not be deemed a transfer for the purposes of this subsection. A transfer to a person or entity owned or controlled by or under common ownership or control of Grantee shall not be deemed a transfer for the purposes of this subsection. 2. The requirements of subsection (1) apply to any change in control of Grantee. The word "control" as used herein is not limited to the ownership of major stockholder or partnership interests, but includes actual working control in whatever manner exercised. If Grantee is a parmership or a corporation, prior authorization of the City Council is required where ownership or control of 25 pement or more of the partnership interests or of the voting stock of Grantee, or any company in the tier of companies controlling the Grantee, whether directly or indirectly, is acquired by a person or a group of persons acting in concert, none of whom, individually or collectively, owns or controls those partnership interests or that voting stock of the Grantee, or Grantee's upper tier of controlling companies, as of the effective date of the franchise. 3. Unless precluded by federal law, Grantee must give prior written notice to the City of any proposed foreclosure or judicial sale of all or a substantial part of the Grantee's franchise property. That notification will be considered by the City as notice that a change in control of ownership of the franchise will take place, and the provisions of this paragraph that require the prior written consent of the City Council to that change in control of ownership will apply. 4. For the purpose of determining whether it will consent to an acquisition, transfer, or change in control, the City may inquire about the qualifications of the prospective transferee or controlling party, and Grantee must assist the City in that inquiry. In seeking the City's consent to any change of ownership or control, Grantee or the proposed transferee, or both, must complete Federal Communications Commission Form 394 or its equivalent. This application must be submitted to the City not less than 120 days prior to the proposed date of transfer. The transferee must establish that it possesses the legal, financial, and technical capability to remedy all then-existing defaults and deficiencies, and, during the remaining term of the franchise, to operate and maintain the cable system and to comply with all franchise requirements. If the legal, financial, and technical qualifications of the proposed transferee are determined to be satisfactory, then the City will consent to the transfer of the franchise. 5. Any financial institution holding a pledge of the Grantee's assets to secure the advance of money for the construction or operation of the franchise property has the right to notify the City that it, or a designee satisfactory to the City, will take control of and operate the cable television system upon Grantee's default in its financial obligations. Further, that financial institution must also submit a plan for such operation within 90 days after assuming control. The plan must insure continued service and compliance with all franchise requirements during the period that the financial institution will exercise control over the system. The financial institution may not exercise control over the system for a period exceeding one year unless authorized by the City, in its sole discretion, and during that period of time it will have the right to petition the City to transfer the franchise to another Grantee. 743035-6 5 6. Unless prohibited by applicable law, Grantee must reimburse the City for the City's reasonable review and processing expenses incurred in connection with any transfer or change in control of the franchise. These expenses may include, without limitation, costs of administrative review, financial, legal, and technical evaluation of the proposed transferee, consultants (including technical and legal experts and all costs incurred by these experts), notice and publication costs, and document preparation expenses. The total amount of these reimbursable expenses may be subject to maximum limits that are specified in the fi:anchise agreement between the City and the Grantee. No reimbursement may be offset against any franchise fee payable to the City during the term of the franchise. G. Geographical Coverage 1. Unless otherwise provided in the fi'anchise agreement, Grantee must design, construct, and maintain the cable television system to have the capability to pass every dwelling unit and commemial building in the franchise service area, subject to any service- area line extension requirements or territorial restrictions set forth in the franchise agreement. 2. After service has been established by activating mink or distribution cables for any service area, Grantee must provide standard installations to any requesting subscriber within that activated part of the service area within seven days from the date of request, or such longer time as may be requested by the subscriber, provided that the Grantee is able to secure on reasonable terms and conditions all rights-of-way and permits necessary to extend service to that subscriber within that period. Standard installations are defined as installations that are located up to 125 feet from the existing distribution system and do not require trenching to serve. H. Nonexclusive Franchise Every franchise granted is nonexclusive. The City specifically reserves the right to grant, at any time, such additional franchises for a cable television system that it deems appropriate, subject to applicable state and federal law. If an additional franchise is proposed to be granted to a subsequent Grantee, a noticed public heating must first be held if required by the provisions of Government Code § 53066.3. I. Multiple Franchises 1. The City may grant any number of franchises, subject to applicable state and federal law. The City may limit the number of franchises granted, based upon, but not necessarily limited to, the requirements of applicable law and the following specific local considerations: a. The capacity of the public rights-of-way to accommodate multiple cables in addition to the cables, conduits, and pipes of the existing utility systems, such as electrical power, telephone, gas, and sewerage. b. The benefits that may accrue to subscribers as a result of cable system competition, such as lower rates and improved service. 743035-6 6 c. The disadvantages that may result from cable system competition, such as the requirement for multiple pedestals on residents' property, and the disruption arising from numerous excavations within the public rights-of-way. 2. The City may require that any new Grantee be responsible for its own underground trenching and the associated costs if, in the City's opinion, the rights- of-way in any particular area cannot reasonably accommodate additional cables. 5.12.060 Franchise Applications and Renewal A. Filing of Applications Any person desiring an initial franchise for a cable television system must file an application with the City. An application fee deposit in an amount established by resolution of the City Council must accompany the application. That application fee deposit will cover all anticipated costs associated with reviewing and processing the application, including without limitation costs of administrative review, financial, legal, and technical evaluation of the applicant, consultants (including technical and legal experts and all costs incurred by those experts), notice and publication requirements, and document preparation expenses. If actual costs exceed the application fee deposit, the applicant must pay the difference to the City within 30 days following receipt of an itemized statement of those costs. If actual costs are less than the application fee deposit, the remaining balance will be refunded to the applicant. B. Applications - Contents An application for an initial franchise for a cable television system must contain, as applicable: 1. A statement describing the proposed franchise service area and an explanation whether this proposed service area is, or will be, part of a larger regional cluster of franchise service areas. 2. A resume of the applicant's prior history, including the applicant's experience and expertise in the cable television industry. 3. A list of the partners, general and limited, of the applicant, ifa partnership, or the percentage of stock owned or controlled by each stockholder, if a closely-held corporation. If the applicant is a publicly-owned parmership or corporation, each owner of 10 percent or more of the partnership interests, or of the issued and outstanding capital stock, must be identified. If the applicant is a limited liability company, the following information must be provided: the address of its principal executive office; the name and business or residence address of each member and of each holder of an economic interest in the limited liability company, together with the contribution and the share in profits and losses of each member and holder of an economic interest; the name and business or residence address of any manager or managers and the chief executive officer, if any, appointed or elected in accordance with the articles of organization or operating agreement. 743035-6 7 4. A list of officers, directors, and managing employees of the applicant, and a description of the background and qualifications of each such person. 5. A statement specifying the number of people employed by the applicant, whether on a full-time or part-time basis. 6. The names and addresses of any parent or subsidiary of the applicant, or any other business entity owning or controlling applicant in whole or in part, or that is owned or controlled in whole or in part by the applicant. 7. Financial statements prepared in accordance with generally accepted accounting principles that demonstrate the applicant's financial ability to: a. Construct, operate, maintain and remove any new physical plant that is proposed to be constructed in the City. governmental access requirements. Comply with the City's public, educational, and c. Comply with the City's requirement that franchise fees be paid on the applicant's gross revenues derived from the operation of the cable system to provide cable services. 8. An accurate map showing the location of any existing telecommunications facilities in the City that the applicant intends to use, to purchase, or to lease. 9. A description of the cable services and any other services that will be offered by the applicant using existing or proposed facilities. 10. The proposed construction and service schedule, the proposed rate structure for cable services, and the proposed commitment to provide public, educational, and governmental access capacity, services, facilities, and equipment. 11. Any additional information that the City deems to be reasonably necessary to evaluate the applicant's qualifications. C. Consideration of Initial Applications 1. Upon receipt of an application for an initial franchise, the City Manager or the City Manager's designee must prepare a report and make recommendations to the City Council concerning that application. 2. A public heating will be noticed prior to any initial franchise grant, at a time and date approved by the City Council. Within 30 days after the close of the heating, the City Council will make a decision, based upon the documents and testimony received at the heating, whether the franchise should be granted, and, if granted, subject to what 743035-6 8 conditions. The City Council may grant one or more franchises, or may decline to grant any franchise. D. Franchise Renewal Franchise renewals will be processed in accordance with then-applicable law and with the renewal terms, if any, of the franchise agreement. The City and Grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the franchise. Unless prohibited by applicable law, a renewal application fee deposit in an amount established by resolution of the City Council must accompany the renewal application or the renewal request. That renewal application fee deposit will cover all anticipated costs associated with reviewing and processing the renewal application, including the review of Grantee's prior compliance with the franchise, the ascertainment of the community's cable-related needs and interests, the engagement of technical and legal consultants, and expenses related to negotiations and document preparation. If actual costs exceed the renewal application fee deposit, the Grantee must pay the difference to the City within 30 days following receipt of an itemized statement of those costs. If actual costs are less than the renewal application fee deposit, the remaining balance will be refunded to the Grantee. No renewal application fee may be offset against any franchise fee payable to the City during the term of the franchise. The City Council may authorize the renewal of a cable television franchise agreement by resolution. 5.12.070 Contents of Cable Television Franchise Agreements A. The provisions of a franchise agreement for the operation of a cable television system may relate to or include, without limitation, the following subject matters: 1. The geographical area, duration, and nonexclusive nature of the franchise. 2. The applicable franchise fee to be paid to the City, including the percentage amount, the method of computation, and the time for payment. 3. Requirements relating to compliance with and implementation of state and federal laws and regulations pertaining to the operation of the cable television system. 4. Requirements relating to the construction, upgrade, or rebuild of the cable television system, as well as the provision of special services, such as outlets for public buildings, emergency alert capability, and parental control devices. 5. Requirements relating to the maintenance of a performance bond, a security fund, a letter of credit, or similar assurances to secure the performance of the Grantee's obligations under the franchise agreement. 6. Requirements relating to comprehensive liability insurance, workers' compensation insurance, and indemnification. 743035-6 9 7. Requirements relating to consumer protection and customer service standards, which requirements may include, without limitation, compliance with the statutes, rules and regulations set forth below in Section 5.12.080 of this Article 2. 8. Requirements relating to the Grantee's support of local cable usage, including the provision of public, educational, and governmental access channels, the coverage of public meetings and special events, and financial support for the required access channels. 9. Requirements relating to the Grantee's obligation to provide an institutional network, and channel capacity on that institutional network for educational or governmental use, subject to the City's rules and procedures for the use of such channel capacity and for compatibility with any telecommunications network that has been or may be developed by the City. 10. Requirements relating to construction, operation, and maintenance of the cable television system within the City's streets and public rights-of-way, including compliance with all applicable building codes and permit requirements of the City, the abandonment, removal, or relocation of facilities, and compliance with FCC technical standards. 11. Requirements relating to recordkeeping, accounting procedures, reporting, periodic audits, performance reviews, the inspection of Grantee's books and records, and reimbursement for technical audits and franchise fee audits under specified circumstances. 12. Acts or omissions constituting material breaches of or defaults under the franchise agreement, and the applicable penalties or remedies for such breaches or defaults, including fines, penalties, liquidated damages, suspension, revocation, and termination. 13. Requirements relating to the sale, assignment, or other transfer or change in control of the franchise. 14. The Grantee's obligation to maintain continuity of service and to authorize, under certain specified circumstances, the City's operation and management of the cable system. 15. Such additional requirements, conditions, policies, and procedures as may be mutually agreed upon by the parties to the franchise agreement and that will, in the judgment of City staff and the City Council, best serve the public interest and protect the public health, welfare, and safety. B. If there is any conflict or inconsistency between the provisions of a franchise agreement authorized by the City Council and provisions of this Article 2, the provisions of the franchise agreement will control. 743035-6 10 5.12.080 Consumer Protection and Service Standards A. Operational Standards. 1. Grantee must maintain the necessary facilities, equipment, and personnel to comply with the following consumer protection and service standards under normal operating conditions: a. Sufficient toll-free telephone line capacity during normal business hours to ensure that telephone calls are answered promptly. Telephone answer time by a customer service representative, including wait time, may not exceed 30 seconds when the connection is made. If the call needs to be transferred, transfer time must not exceed 30 seconds. percent of the time, measured quarterly. A caller must receive a busy signal less than three c. Emergency toll-free telephone line capacity on a 24-hour basis, including weekends and holidays. After normal business hours, the telephone calls may be answered by a service or an automated response system, including an answehng machine. Calls received after normal business hours must be responded to by a trained company representative on the next business day. d. A conveniently-located local business and service or payment office open during normal business hours at least eight hours daily on weekdays, and at least four hours weekly on evenings or weekends, and adequately staffed with trained customer service representatives to accept subscriber payments and to respond to service requests, inquiries, and complaints. e. An emergency system maintenance and repair staff, capable of responding to and repairing major system malfunctions on a 24-hour per day basis. f. A trained installation staff must provide service to any subscriber requiring a standard installation within seven days after receipt of a request, or such longer time as may be requested by the subscriber, in all areas where trunk and feeder cable have been activated. g. The Grantee must schedule, within a specified four- hour time period Monday through Saturday (legal holidays excluded), all appointments with subscribers for installation of service, service calls, and other activities at the subscriber's location. The Grantee may schedule installation and service calls outside of normal business hours for the convenience of the subscriber. The Grantee may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment. If a Grantee representative is delayed in keeping an appointment with a subscriber and will not be able to honor the scheduled appointment, the subscriber must be contacted prior to the time of the scheduled appointment, and the appointment must be rescheduled, as necessary, at a time that 743035-6 1 1 is convenient for the subscriber. The Grantee must undertake appropriate quality control measures to ensure that the customer is satisfied with the work. h. Subscribers who have experienced a late or a missed appointment due to the fault of the Grantee will receive either a flee installation or a $20 credit. i. Upon a subscriber's request, the Grantee will arrange for pickup or replacement of converters or other equipment provided by the Grantee at the subscriber's address within 14 days after the request is made if the subscriber is mobility- limited. 2. Under normal operating conditions, the standards of subparagraphs (a), (c), (f) and (g) above must be met not less than ninety percent of the time, measured on a quarterly basis. B. Service Standards 1. The Grantee will render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Except in emergency situations, scheduled interruptions will occur during a period of minimum use of the cable system, preferably between midnight and 6:00 a.m. Unless the scheduled interruption lasts for no more than two hours and occurs between midnight and 6:00 a.m. (in which event 24-hours prior notice must be given to the City), 48-hours prior notice must be given to subscribers. 2. The Grantee will maintain a repair force of technicians who will respond to subscriber requests for service within the following time frames: a. For a system outage: Within two hours, including weekends, after receiving subscriber calls or requests for service that by number identify a system outage of sound or picture on one or more channels, affecting five or more subscribers to the system. b. For an isolated outage: Within 24 hours, including weekends, after receiving requests for service identifying an isolated outage of sound or picture on one or more channels. c. For inferior signal quality: No later than the following business day, excluding Sundays and holidays, after a request for service identifying a problem concerning picture or sound quality. 3. Thc Grantee will be deemed to have responded to a request for service under the provisions of this paragraph (B) when a technician arrives at the service location and begins work on the problem if the problem cannot be corrected remotely. Ifa subscriber is not home when the technician arrives, the technician must leave written notification of arrival. 743035-6 12 4. The Grantee may not charge for the repair or replacement of defective or malfunctioning equipment provided by the Grantee to subscribers, unless the defect or malfunction was caused by the subscriber. 5. The Grantee must determine the nature of the problem within 24 hours after commencing work and resolve all cable system related problems within three business days, unless technically infeasible. C. Billing and Information Standards. 1. Subscriber bills must be clear, concise, and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills also must clearly delineate all activity during the billing period, including optional charges, rebates, and credits. 2. The first billing to a subscriber after a new installation or service change must be prorated based upon when the new or changed service commenced. Subscribers must not be charged a late fee or otherwise penalized for any failure attributable to the Grantee, including the failure to timely or correctly bill the subscriber. 3. In case of a billing dispute, the Grantee must respond in writing to a written complaint from a subscriber within 30 days after receiving the complaint at the office specified on the billing statement for receiving that complaint. 4. Upon request by a subscriber, credits or refunds must be provided by Grantee to subscribers who experience an outage, interruption, or disconnection of service of four or more consecutive hours, provided that such loss of service is neither caused by the subscriber nor attributable to scheduled repairs, maintenance, or construction in circumstances where Grantee has provided advance written notice to subscriber, and the loss of service does not exceed the time period specified by Grantee. For subscribers terminating service, credits or refunds must be issued promptly, but no later than 30 days after the return of any Grantee-supplied equipment. 5. The Grantee must provide written information on each of the following matters at the time of the installation of service, at least annually to all subscribers, and at any time upon request: a. Products and services offered. b. Prices and options for programming services and conditions of subscription to programming and other services. c. Installation and service maintenance policies. d. Instructions on the use of the cable service. 743035-6 13 Channel positions of programming carried on the s~tem. f. Billing and complaint procedures, including the address and telephone number of the City's office designated for dealing with cable-related issues. Consumer protection and service standards and penalties for noncompliance. 6. Subscribers must be notified in writing of any changes in rates, programming services, or channel positions as soon as possible. Notice must be given to subscribers a minimum of 30 days in advance of those changes if the change is within the control of the Grantee. In addition, Grantee will endeavor to notify Grantor of those changes at least five working days before subscribers are notified. 7. The Grantee must maintain a public file containing all written notices provided to subscribers under these consumer protection and service standards and all published promotional offers made by Grantee to subscribers. These documents must be maintained for a minimum period of two years. D. Verification of Compliance with Standards. 1. Upon 30 days prior written notice, the City may require the Grantee to provide a written report demonstrating its compliance with any of the consumer service standards specified in this section. The Grantee must provide sufficient documentation to enable the City to verify compliance. 2. A repeated and verifiable pattem of noncompliance with the consumer protection and service standards of this section, after the Grantee's receipt of written notice and an opportunity to cure, may be deemed a material breach of the franchise agreement. E. Subscriber Complaints and Disputes. 1. The Grantee must establish written procedures for receiving, acting upon, and resolving subscriber complaints without intervention by the City. The written procedures must prescribe the manner in which a subscriber may submit a complaint, either orally or in writing, specifying the subscriber's grounds for dissatisfaction. The Grantee must file a copy of these procedures with the City. These procedures must include a requirement consistent with Section 5.12.080(C)(3). 2. Upon request, and subject to applicable law protecting subscriber privacy rights, the City has the right to review the Grantee's response to subscriber complaints. 3. All subscribers have the right to continue receiving service so long as their financial and other obligations to the Grantee are honored. If the Grantee elects to 743035-6 14 rebuild, modify, or sell the system, or if the City gives notice of intent to terminate or not to renew the franchise, the Grantee must act to ensure that all subscribers receive service while the fxanchise remains in force. 4. Upon a change of control of the Grantee, or ifa new operator acquires the cable system, the original Grantee must cooperate with the City, the new Grantee, or the new operator in maintaining continuity of service to all subscribers. During that transition period, the Grantee is entitled to the revenues derived from its operation of the cable system. F. Disconnection and Downgrades. 1. A subscriber may terminate or downgrade service at any time, and the Grantee must promptly comply with the subscriber's request within seven days or at any later time requested by the subscriber. No period of notice prior to voluntary termination or downgrade of service may be required of subscribers. Grantee will impose no charges for the voluntary termination of all services unless a visit to the subscriber's premises is required to remove a converter box or other equipment or property owned by Grantee. Grantee may, in accordance with applicable law, charge a fee to downgrade service ifa service call is required. 2. The Grantee may disconnect a subscriber's service in compliance with paragraphs (i), (j), and (k)of Section 53088.2 of the California Government Code. If service is disconnected for nonpayment of past due fees or charges, the Grantee must promptly reinstate service upon payment in full by the subscriber of all such fees and charges, including late charges. 3. Notwithstanding the requirements of subsection (2) above, the Grantee may immediately disconnect service to a subscriber if the subscriber is damaging or destroying the Grantee's cable system or equipment. 4. The Grantee may also disconnect service to a subscriber when service causes signal leakage exceeding federal limits. If service is disconnected, the Grantee will immediately resume service without charge upon the satisfactory correction of the signal leakage problem if the signal leakage problem is attributable to the Grantee. 5. The Grantee may also disconnect service in cases where customers are stealing service or have made threats of physical violence upon Grantee's personnel. 6. Upon termination of service to a subscriber, the Grantee will endeavor to remove its equipment from the subscriber's premises within 30 days. G. Changes in Service. Except as otherwise provided by federal or state law, subscribers must not be required to pay any additional fee or charge, other than the regular service fee, in order to receive the services selected. No charge may be imposed for any service or equipment that the subscriber has not affirmatively selected. Payment of the regular monthly bill will not by itself constitute an affirmative selection. 743035-6 15 H. Deposits. Grantee may require a reasonable, nondiscriminatory deposit on equipment provided to subscribers. Such deposits must be placed in an interest- beating account. The deposit must be remmed, with interest earned to the date of repayment, within 30 days after the equipment is returned to the Grantee. I. Parental Control Option. Grantee must provide parental control devices at no charge to all subscribers who desire to block the video or audio portion of any pay channels providing adult programming that the subscriber finds objectionable. For other programming, such devices will be provided at a reasonable charge to the subscriber. J. Additional Requirements. 1. All officers, agents, and employees of the Grantee, or of its contractors or subcontractors, who, in the normal course of work come into contact with members of the public, or who require entry onto subscribers' premises, must display a photo- identification card. The Grantee must account for all identification cards at all times. All vehicles of the Grantee or its subcontractors must be clearly identified as vehicles engaged in providing services for the Grantee. 2. In addition to the consumer protection and service standards specified in this Section 5.12.080, the Grantee must comply with all applicable consmner protection and service standards that are imposed upon cable operators by the following: a. Federal statutes, and the roles, regulations, and orders of the Federal Communications Commission, including the following: (i) The provisions of Section 76.630 of Title 47 of the Code of Federal Regulations, as it now exists or may later be amended, which relate to compatibility with consumer electronics equipment. (ii) The provisions of Section 551 of Title 47, United States Code, as it now exists or may later be amended, which relate to the protection of subscriber privacy. b. The provisions of California Government Code Sections 53054, et seq., entitled the "Cable Television and Video Provider Customer Service and Information Act." c. The provisions of California Government Code Section 53088, et seq., entitled the "Video Customer Service Act." d. The provisions of California Civil Code Section 1722(b)(1)-(6), which relate to service or repair transactions between cable television companies and their subscribers. e. The provisions of California Penal Code Section 637.5, which relate to subscribers' rights to privacy protection. 743035-6 16 3. If there is any conflict or inconsistency between a consumer protection and service standard specified in this Section 5.12.080, and a standard set forth in the statutes, rules, regulations, and orders that are referenced above in subsection (2), then the standard that is specified in this Section 5.12.080 will apply to the extent authorized by applicable law. K. Penalties for Noncompliance. 1. Purpose. The purpose of this paragraph is to authorize monetary penalties for the violation of the customer service standards established by this section in a manner consistent with the Video Customer Service Act (Government Code Sections 53088 et seq.) and pursuant to the City's inherent police powers. The imposition of penalties authorized by this paragraph (K) will not prevent the City or any other affected party from exercising any other remedy to the extent permitted by law. 2. Administration and Appeals. a. The City Manager or the City Manager's designee is authorized to administer this paragraph (K). Decisions by the City Manager to assess monetary penalties against the Grantee must be in writing and must contain findings supporting the decisions. Decisions by the City Manager are final, unless appealed to the City Council. b. If the Grantee or any interested person is aggrieved by a decision of the City Manager, the aggrieved party may, within 10 days of the written decision, appeal that decision in writing to the City Council. The appeal letter must be accompanied by the fee established by the City Council for processing the appeal. The City Council may affirm, modify, or reverse the decision of the City Manager. c. Schedule of Penalties. The following schedule of monetary penalties may be assessed against the Grantee for the material breach of the provisions of the customer service standards set forth in this section, provided that the breach is within the reasonable control of the Grantee: (i) For a first material breach: the maximum penalty is $200 for each day of material breach, but not to exceed a cumulative total of $600 for each occurrence of the material breach. (ii) For a second material breach of the same nature within a 12-month period for which the City has provided notice and a penalty has been assessed, the maximum penalty is $400 for each day of the material breach, but not to exceed a cumulative total of $1200 for each occurrence of the material breach. (iii) For a third or further material breach of the same nature within a 12-month period for which the City has provided notice and a penalty has been assessed, the maximum penalty is $1000 for each day of the material breach, but not to exceed a cumulative total of $3000 for each occurrence of the material breach. 743035-6 17 (iv) The maximum penalties referenced above may be increased by any additional amount authorized by state law. d. Judicial Remedy. This paragraph does not preclude any affected party from pursuing any judicial remedy available to that party without regard to this paragraph (K). e. Notification of Breach. The City must give the Grantee written notice of any alleged breach of the consumer service standards and allow the Grantee at least 30 days, or such longer time as may be reasonably necessary to cure, from receipt of the notice to remedy the specified breach. For the purpose of assessing penalties, a material breach is deemed to have occurred for each day, following the expiration of the period for cure specified herein, that any breach has not been remedied by the Grantee, irrespective of the number of subscribers affected. f. Limitations. With respect to any Grantee that operates under a franchise or license agreement with the City, any monetary penalties assessed under this paragraph (K) must be reduced dollar for dollar to the extent that any liquidated damage or penalty provision of the franchise or license agreement imposes a monetary obligation on the Grantee for the same customer service failure, and no other monetary damages may be assessed for that customer service failure. ARTICLE 3. OPEN VIDEO SYSTEMS 5.12.090 Applicability The provisions of this Article 3 apply to an open video system operator, as defined below in Section 5.12.170, that intends to deliver video programming to consumers in the City over an open video system. 5.12.100 Application Required A. Before commencing the delivery of video programming services to consumers in the City over an open video system, the open video system operator must file an application with the City. That application must include or be accompanied by the following, as applicable: 1. The identity of the applicant, including all affiliates of the applicant. 2. Copies of FCC Form 1275, all "Notices of Intent" filed under 47 CFR 76.1503(b)(1), and the Order of the FCC, all of which relate to certification of the applicant to operate an open video system in the City in accordance with Section 653(a)(1) of the Communications Act and the FCC's rules. 3. The area or areas of the City that the applicant desires to serve. 743035-6 1 8 4. A description of the open video system services that will be offered by the applicant over its existing or proposed facilities. 5. A description of the transmission medium that will be used by the applicant to deliver the open video system services. 6. Information in sufficient detail to establish the applicant's technical qualifications, experience, and expertise regarding the ownership and operation of the open video system described in the application. 7. Financial statements prepared in accordance with generally accepted accounting principles that demonstrate the applicant's financial ability to: a. Construct, operate, maintain and remove any new physical plant that is proposed to be constructed in the City. b. Comply with the City's public, educational, and governmental access requirements as specified below in Section 5.12.120(B)(4). c. Comply with the City's requirement that gross revenue fees be paid in the maximum amount authorized under federal law, as specified below in Section 5.12.120(B)(2). 8. An accurate map showing the location of any existing telecommunications facilities in the City that the applicant intends to use, to purchase, or to lease. 9. If the applicant's operation of the open video system will require the construction of new physical plant and facilities in the City, the following additional information must be provided: a. A preliminary construction schedule and completion dates. b. Preliminary engineering plans, specifications, and a network map of any new facilities to be constructed in the City, in sufficient detail to identify: applicant's proposed facilities. (i) The location and route requested for the (ii) The locations, if any, for interconnection with the facilities of other telecommunications service providers. (iii) The specific structures, improvements, facilities, and obstructions, if any, that the applicant proposes to add, remove, or relocate on a temporary or permanent basis. 743035-6 19 c. The applicanfs statement that, in constructing any new physical plant, the applicant will comply with all applicable ordinances, rules, and regulations of the City, including the payment of all required permit and processing fees. 10. The information and documentation that is required to be submitted to the City by a video provider, as specified below in paragraph (B) of Section 5.12.140. 11. Such additional information as may be requested by the City Manager. 12. An application fee deposit in an amount established by resolution of the City Council. B. If any item of information specified above in paragraph (A) is determined under paramount federal or state law to be unlawful, the City Manager is authorized to waive the requirement that such information be included in the application. 5.12.110 Review of the Application Within 30 days after receipt of an application filed under Section 5.12.100 that is deemed to be complete, the City Manager will give written notice to the applicant of the City's intent to negotiate an agreement setting forth the terms and conditions under which the operation of the proposed open video system will be authorized by the City. The commencement of those negotiations will be on a date that is mutually acceptable to the City and to the applicant. 5.12.120 Agreement Required A. No video programming services may be provided in the City by an open video system operator unless the operator and the City have executed a written agreement, which may be designated as a franchise, setting forth the terms and conditions under which the operation of the proposed open video system will be authorized by the City. That agreement may be authorized and approved by resolution of the City Council. B. The agreement between the City and the open video system operator may contain provisions that relate to the following subject matters, to the extent that such provisions and subject matters are not preempted by federal law or regulations: 1. The nature, scope, and duration of the agreement, including provisions for its renewal or extension. 2. The obligation of the open video system operator to pay to the City, at specified times and in lieu of the franchise fees permitted under Section 622 of the Communications Act, fees on the gross revenue received by the operator, as authorized by 47 CFR 76.1511, in accordance with the following standards and procedures: 743035-6 20 a. The mount of the fees on the gross revenue will be the maximum amount authorized by Section 653(c)2)(B) of the Communications Act, which is the rate imposed by the City on the existing franchised cable operator. b. The term "gross revenue" means (i) all gross revenue received by an open video system operator or its affiliates, including all revenue received from subscribers and all carriage revenue received fi:om unaffiliated video programming providers; and (ii) all advertising revenue received by the operator or its affiliates in connection with the provision of video programming, where such revenue is included in the calculation of the cable franchise fee paid to the City by the incumbent franchised cable operator. The term "gross revenue" does not include revenue, such as subscriber or advertising revenue, collected by unaffiliated video programming providers. 3. The obligation of the open video system operator to comply with requirements relating to information collection and recordkeeping, accounting procedures, reporting, periodic audits, and inspection of records in order to ensure the accuracy of the fees on the gross revenue that are required to be paid as specified above in Subsection (2). 4. The obligation of the open video system operator to meet the City's requirements with respect to public, educational, and governmental access channel capacity, services, facilities, and equipment, as provided for in 47 CFR 76.1505. In this regard, the following standards and procedures are applicable: a. The open video system operator is subject to the same public, educational, and governmental access requirements that apply within the cable television fi'anchise service area with which its system overlaps. b. The open video system operator must ensure that all subscribers receive all public, educational, and governmental access channels within the franchise service area in which the City's subscribers are located. c. The open video system operator may negotiate with the City to establish the operator's obligations with respect to public, educational, and governmental access channel capacity, services, facilities, and equipment. These negotiations may include the City's franchised cable operator if the City, the open video system operator, and the franchised cable operator so desire. d. If the open video system operator and the City are unable to reach an agreement regarding the operator's obligations with respect to public, educational, and governmental access channel capacity, services, facilities, and equipment within the City's jurisdiction, then the following obligations will be imposed: (i) The open video system operator must satisfy the same public, educational, and governmental access obligations as the City's franchised cable operator by providing the same amount of channel capacity for public, educational, and governmental access and by matching the City's fi:anchised cable operator's annual financial contributions in support of public, educational, and governmental access services, facilities, and 743035-6 21 equipment that are actually used by the City. For in-kind contributions, such as cameras or production studios, the open video system operator may satisfy its statutory obligation by negotiating mutually agreeable terms with the City's franchised cable operator, so that public, educational, and governmental access services to the City are improved or increased. If such terms cannot be agreed upon, the open video system operator must pay to the City the monetary equivalent of the franchised cable operator's depreciated in-kind contribution, or, in the case of facilities, the annual amortization value. Any matching contributions provided by the open video system operator must be used to fund activities arising under Section 611 of the Communications Act. (ii) The City will impose upon the open video system operator the same rules and procedures that it imposes upon the franchised cable operator with regard to the open video system operator's use of channel capacity designated for public, educational, and governmental access use when that capacity is not being used for such purposes. e. The City's franchised cable operator is required under federal law to permit the open video system operator to connect with its public, educational, and governmental access channel feeds. The open video system operator and the fi'anchised cable operator may decide how to accomplish this connection, taking into consideration the physical and technical characteristics of the cable and the open video systems involved. If the franchised cable operator and the open video system operator cannot agree on how to accomplish the connection, the City has the right to decide. The City may require that the connection occur on City-owned property or on public rights-of-way. f. All costs of connection to the franchised cable operator's public, educational, and govermnental access channel feed must be borne by the open video system operator. These costs will be counted towards the open video system operator's matching financial contributions set forth above in subparagraph (d)(i). g. The City will not impose upon the open video system operator any public, educational, or govemmental access obligations that are greater than those imposed upon the incumbent franchised cable operator. h. If there is no incumbent franchised cable operator, the provisions of 47 CFR 76.1505(d)(6) will be applicable in determining the obligations of the open video system operator. i. The open video system operator must adjust its system to comply with new public, educational, and access obligations imposed on the City's incumbent franchised cable operator following a renewal of the cable television franchise; provided, however, that the open video system operator will not be required to displace other programmers using its open video system to accommodate public, educational, and governmental access channels. The open video system operator must comply with such new public, educational, and governmental access obligations whenever additional capacity is or 743035-6 22 becomes available, whether it is due to increased channel capacity or to decreased demand for channel capacity. 5. If the City and the open video system operator cannot agree on the application of the FCC's rules regarding the open video system operator's obligations to provide public, educational, and governmental access under the provisions of subsection (4) set forth above, then either party may file a complaint with the FCC in accordance with the dispute resolution procedures set forth in 47 CFR 76.1514. No agreement will be executed by the City until the dispute has been finally resolved. 6. If the open video system operator intends to maintain an institutional network, as defined in Section 61 l(f) of the Communications Act, the City will require that educational and governmental access channels be designated on that institutional network to the same extent that those channels are designated on the institutional network of the City's franchised cable operator. 7. The authority of an open video system operator to exemise editorial control over any public, educational, or governmental use of channel capacity will be restricted in accordance with the provisions of 47 CFR 76.1505(f). 8. The obligation of the open video system operator to comply with all applicable federal, state, and local statutes, ordinances, and regulations relating to customer service standards, including those specified in Section 5.12.080 of Article 2 of this chapter. 9. If new physical plant is proposed to be constructed within the City, the obligation of the open video system operator to comply with the following rights-of- way use and management responsibilities that are also imposed by the City upon other cable television and telecommunications service providers in a nondiscriminatory and competitively neutral manner: a. Compliance with all applicable City codes, including applications for excavation, encroachment, and construction permits and the payment of all required permit and inspection fees. b. The coordination of construction activities. c. Compliance with established standards and procedures for constructing lines across private property. Compliance with all applicable insurance and indemnification requirements. The repair and resurfacing of construction-damaged s~e~s. 743035-6 23 f. Compliance with all public safety requirements that are applicable to cable television and telecommunications service providers using public property or public rights-of-way. 10. Acts or omissions constituting breaches or defaults of the agreement, and the applicable penalties, liquidated damages, and other remedies, including fines or the suspension, revocation, or termination of the agreement. 11. Requirements relating to the sale, assignment, or transfer of the open video system. 12. Requirements relating to the open video system operator's compliance with and implementation of state and federal laws, rules, and regulations pertaining to the operation of the open video system. 13. Such additional requirements, conditions, terms, policies, and procedures as may be mutually agreed upon by the City and the open video system operator and that will, in the judgment of the City Council, best serve the public interest and protect the public health, welfare, and safety. ARTICLE 4. OTHER VIDEO AND TELECOMMUNICATIONS SERVICES AND SYSTEMS 5.12.130. Other Multichannel Video Programming Distributors The term "cable system," as defined in federal law and as set forth in Section 5.12.170 below, does not include a facility that serves subscribers without using any public rights-of-way. Consequently, the categories of multichannel video programming identified below are not deemed to be "cable systems" and are therefore exempt from the City's franchise requirements and from certain other local regulatory provisions authorized by federal law, provided that their distribution or transmission facilities do not involve the use of the City's public rights-of-way. A. Multichannel multipoint distribution service ("MMDS"), also known as "wireless cable," which typically involves the transmission by an FCC-licensed operator of numerous broadcast stations from a central location using line-of-sight technology. B. Local multipoint distribution service ("LMDS"), another form of over- the-air wireless video service for which licenses are auctioned by the FCC, and which offers video programming, telephony, and data networking services. C. Direct broadcast satellite ("DBS"), also referred to as "direct-to-home satellite services," which involves the distribution or broadcasting of programming or services by satellite directly to the subscriber's premises without the use of ground receiving or distribution equipment, except at the subscriber's premises or in the uplink process to the satellite. Local regulation of direct-to-home satellite services is further proscribed by the following federal statutory provisions: 743035-6 24 1. 47 U.S.C. 8 303(v) confers upon the FCC exclusive jurisdiction to regulate the provision of direct-to-home satellite services. 2. Section 602 of the Telecommunications Act of 1996 states that a provider of direct-to-home satellite service is exempt from the collection or remittance, or both, of any tax or fee imposed by any local taxing jurisdiction on direct-to-home satellite service. The terms "tax" and "fee" are defined by federal statute to mean any local sales tax, local use tax, local intangible tax, local income tax, business license tax, utility tax, privilege tax, gross receipts tax, excise tax, franchise fees, local telecommunications tax, or any other tax, license, or fee that is imposed for the privilege of doing business, regulating, or raising revenue for a local taxing jurisdiction. 5.12.140 Video Providers - Registration; Customer Service Standards A. Unless the customer protection and customer service obligations of a video provider, as that term is defined in Section 5.12.170, are specified in a franchise, license, lease, or similar written agreement with the City, a video provider must comply with all applicable provisions of the following state statutes: 1. The Cable Television and Video Customer Service and Information Act (Government Code 88 53054, et sea.) 2. The Video Customer Service Act (Government Code §8 53088, et seq.) B. All video providers that are operating in the City on the effective date of this ordinance, or that intend to operate in the City after its effective date, must register with the City; provided, however, that this registration requirement is not applicable to any video provider that has executed a franchise, license, lease or similar written agreement with the City. The registration form must include or be accompanied by the following: 1. The video provider's name, address, and local telephone numbers. 2. The names of the officers of the video provider. 3. A copy of the video provider's written policies and procedures relating to customer service standards and the handling of customer complaints, as required by Government Code §8 53054, et seq. These customer service standards must include, without limitation, standards regarding the following: a. Installation, disconnection, service and repair obligations, employee identification, and service call response time and scheduling. b. Customer service telephone and office hours. c. Procedures for billing, charges, refimds, and credits. 743035-6 25 d. Procedures for termination of service. e. Notice of the deletion of a programming service, the changing of channel assignments, or an increase in rates. Complaint procedures and procedures for bill dispute resolution. g. The video provider's written acknowledgment of its obligation under Government Code §53055.1 to provide to new customers a notice describing the customer service standards specified above in subparagraphs (a) through (f) at the time of installation or when service is initiated. The notice must also include, in addition to all of the information described above in subparagraphs (a) through (f), all of the following: (i) A listing of the services offered by the video provider that clearly describes all levels of service and the rates for each level of service. (ii) The telephone number or numbers through which customers may subscribe to, change, or terminate service, request customer service, or seek general or billing information. (iii) A description of the rights and remedies that the video provider may make available to its customers if the video provider does not materially meet its customer service standards. h. The video provider's written commitment to distribute annually to its employees and customers, and to the City, a notice describing the customer service standards specified above in subparagraphs (a) through (f). This annual notice must include the report of the video provider on its performance in meeting its customer service standards, as required by Government Code §53055.2. Subject to the written notice and cure provisions of Government Code §53056(b), a video provider that fails to distribute the annual notice required by Government Code §53055.1 will be assessed a monetary penalty in the sum of $500 for each year in which the annual notice is not distributed to all of its customers. 4. Unless a video provider is exempt under federal law fi.om its payment, a registration fee in an amount established by resolution of the City Council to cover the reasonable costs incurred by the City in reviewing and processing the registration form. 5. In addition to the registration fee specified above in subsection (4), the written commitment of the video provider to pay to the City, when due, all costs and expenses reasonably incurred by the City in resolving any disputes between the video provider and its subscribers, which dispute resolution is mandated by Government Code §53088.2(0). C. The customer service obligations imposed upon video providers by the Video Customer Service Act (Government Code §53088 et seq.) consist of the following: 743035-6 26 1. Every video provider must render reasonably efficient service, make repairs promptly, and interrupt service only as necessary. 2. All video provider personnel contacting subscribers or potential subscribers outside the office of the provider must be clearly identified as associated with the video provider. 3. At the time of installation, and annually thereafter, all video providers must provide to all customers a written notice of the programming offered, the prices for that programming, the provider's installation and customer service policies, and the name, address, and telephone number of the City's office that is designated for receiving complaints. 4. All video providers must have knowledgeable, qualified company representatives available to respond to customer telephone inquiries Monday through Friday, excluding holidays, during normal business hours. 5. All video providers must provide to customers a toll-free or local telephone number for installation, service, and complaint calls. These calls must be answered promptly by the video providers. 6. All video providers must render bills that are accurate and understandable. 7. All video providers must respond promptly to a complete outage in a customer's service. The response must occur within 24 hours of the reporting of that outage to the provider, except in those situations beyond the reasonable control of the video provider. A video provider will be deemed to respond to a complete outage when a company representative arrives at the outage location within 24 hours and begins to resolve the problem. 8. All video providers must provide a minimum of 30 days' written notice before increasing rates or deleting channels. All video providers must make every reasonable effort to submit the notice to the City in advance of its distribution to customers. The 30-day notice is waived if the increases in rates or deletion of channels are outside the control of the video provider. In those cases, the video provider must make reasonable efforts to provide customers with as much notice as possible. 9. All video providers must allow every residential customer who pays his or her bill directly to the video provider at least 15 days from the date the bill for services is mailed to the customer, to pay the listed charges unless otherwise agreed to pursuant to a residential rental agreement establishing tenancy. Customer payments must be posted promptly. No video provider may terminate residential service for nonpayment of a delinquent account unless the video provider furnishes notice of the delinquency and impending termination at least 15 days prior to the proposed termination. The notice must be mailed, postage prepaid, to the customer to whom the service is billed. Notice must not be mailed until the 16th day after the date the bill for services was mailed to the customer. The notice of delinquency and impending termination may be part of a billing statement. No video provider may assess a late fee any earlier than the 22nd day after the bill for service has been mailed. 743035-6 27 10. Every notice of termination of service pursuant to the preceding subsection (9) must include all of the following information: The name and address of the customer whose account is delinquent. b. The amount of the delinquency. The date by which payment is required in order to avoid termination of service. d. The telephone number of a representative of the video provider who can provide additional information and handle complaints or initiate an investigation concerning the service and charges in question. Service may only be terminated on days in which the customer can reach a representative of the video provider either in person or by telephone. 11. Any service terminated without good cause must be restored without charge for the service restoration. Good cause includes, but is not limited to, failure to pay, payment by check for which there are insufficient funds, theft of service, abuse of equipment or system personnel, or other similar subscriber actions. 12. All video providers must issue requested refund checks promptly, but no later than 45 days following the resolution of any dispute, and following the return of the equipment supplied by the video provider, if service is terminated. 13. All video providers must issue security or customer deposit refund checks promptly, but no later than 45 days following the termination of service, less any deductions permitted by law. 14. Video providers must not disclose the name and address of a subscriber for commercial gain to be used in mailing lists or for other commercial purposes not reasonably related to the conduct of the businesses of the video providers or their affiliates, unless the video providers have provided to the subscriber a notice, separate or included in any other customer notice, that clearly and conspicuously describes the subscriber's ability to prohibit that disclosure. Video providers must provide an address and telephone number for a local subscriber to use without toll charge to prevent disclosure of the subscriber's name and address. D. As authorized by Government Code §53088(q), the following schedule of penalties is adopted. These penalties may be imposed for the material breach by a video provider of the consumer protection and service standards that are set forth above in paragraph (C), provided that the breach is within the reasonable control of the video provider. These penalties are in addition to any other remedies authorized by this article or by any other law, and the City has discretion to elect the remedy that it will apply. The imposition of penalties authorized by this paragraph (D) will not prevent the City or any other affected party from exercising any other remedy to the extent permitted by law, including but not limited to any judicial remedy as provided below in subsection (2). 743035-6 28 1. Schedule of Penalties. a. For a first material breach: the maximum penalty is $200 for each day of material breach, but not to exceed a cumulative total of $600 for each occurrence of material breach, irrespective of the number of customers affected. b. For a second material breach of the same nature for which a monetary penalty was previously assessed within the preceding 12-month period: the maximum penalty is $400 per day, not to exceed a cumulative total of $1,200 for each occurrence of the material breach, irrespective of the number of customers affected. c. For a third or further material breach of the same nature for which a monetary penalty was previously assessed within the preceding 12-month period: the maximum penalty is $1,000 per day, not to exceed a cumulative total of $3,000 for each occurrence of the material breach, irrespective of the number of customers affected. d. The maximum penalties referenced above may be increased by any additional amount authorized by state law. 2. Judicial Remedies Not Affected. The imposition of penalties in accordance with the provisions of subsection (1) above does not preclude any affected party from pursuing any judicial remedy that is available to that party. 3. Administration, Notice, and Appeal. a. The City Manager or the City Manager's designee is authorized to administer this paragraph (D). Decisions by the City Manager to assess penalties against a video provider must be in writing and must contain findings supporting the decisions. Decisions by the City Manager are final, unless appealed to the City Council. b. If the video provider or any interested person is aggrieved by a decision of the City Manager, the aggrieved party may, within 10 days of the written decision, appeal that decision in writing to the City Council. The appeal letter must be accompanied by the fee established by the City Council for processing the appeal. The City Council may affirm, modify, or reverse the decision of the City Manager. c. The imposition of monetary penalties under subsection (1) above is subject to the following requirements and limitations: (i) The City must give the video provider written notice of any alleged material breach and must allow the video provider at least 30 days from receipt of that notice to remedy the breach. (ii) For the purpose of assessing monetary penalties, a material breach will be deemed to have occurred for each day following the 743035-6 29 expiration of the period for cure specified in subparagraph (i) above that the material breach has not been remedied by the video provider, irrespective of the number of customers affected. 5.12.150. Telecommtmications Service Provided By Telephone Corporations A. The City Council finds and determines as follows: 1. The federal Telecommunications Act of 1996 preempts and declares invalid all state rules that restrict entry or limit competition in both local and long- distance telephone service. 2. The California Public Utilities Commission ("CPUC") is primarily responsible for the implementation of local telephone competition, and it issues certificates of public convenience and necessity to new entrants that are qualified to provide competitive local telephone exchange services and related telecommunications service, whether using their own facilities or the facilities or services provided by other authorized telephone corporations. 3. Section 234(a) of the California Public Utilities Code defines a "telephone corporation" as "every corporation or person owning, controlling, operating, or managing any telephone line for compensation within this state." 4. Section 616 of the California Public Utilities Code provides that a telephone corporation "may condemn any property necessary for the construction and maintenance of its telephone line." 5. Section 2902 of the Califomia Public Utilities Code authorizes municipal corporations to retain their powers of control to supervise and regulate the relationships between a public utility and the general public in matters affecting the health, convenience, and safety of the general public, including matters such as the use and repair of public streets by any public utility and the location of the poles, wires, mains, or conduits of any public utility on, under, or above any public streets. 6. Section 7901 of the California Public Utilities Code authorizes telephone and telegraph corporations to construct telephone or telegraph lines along and upon any public road or highway, along or across any of the waters or lands within this state, and to erect poles, posts, piers, or abutments for supporting the insulators, wires, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway or interrupt the navigation of the waters. 7. Section 7901.1 of the California Public Utilities Code confirms the right of municipalities to exemise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed, which control must be applied to all entities in an equivalent manner. Nothing in Section 7901.1 adds to or subtracts from any existing authority that municipalities have with respect to the imposition of fees. 743035-6 30 8. Section 50030 of the California Government Code provides that any permit fee imposed by a city for the placement, installation, repair, or upgrading of telecommunications facilities, such as lines, poles, or antennas, by a telephone corporation that has obtained all required authorizations from the CPUC and the FCC to provide telecommunications services, must not exceed the reasonable costs of providing the service for which the fee is charged, and must not be levied for general revenue purposes. B. In recognition of and in compliance with the statutory authorizations and requirements set forth above in paragraph (A), the following regulatory provisions are applicable to a telephone corporation that desires to provide telecommunications service by means of facilities that are proposed to be constructed within the City's public rights-of-way: 1. The telephone corporation must apply for and obtain, as may be applicable, an excavation permit, an encroachment permit, or a building permit ("ministerial permit.") 2. In addition to the information required by this Code in connection with an application for a ministerial permit, a telephone corporation must submit to the City the following supplemental information: a. A copy of the certificate of public convenience and necessity issued by the CPUC to the applicant, and a copy of the CPUC decision that authorizes the applicant to provide the telecommunications service for which the facilities are proposed to be constructed in the City's public rights-of-way. Any applicant that, prior to 1996, provided telecommunications service under administratively equivalent documentation issued by the CPUC may submit copies of that documentation in lieu of a certificate of public convenience and necessity. b. If the applicant has obtained from the CPUC a certificate of public convenience and necessity to operate as a "competitive local carder," the following additional requirements are applicable: (i) As required by Decision No. 95-12-057 of the CPUC, the applicant must establish that it has timely filed with the City a quarterly report that describes the type of construction and the location of each construction project proposed to be undertaken in the City during the calendar quarter in which the application is filed, so that the City can coordinate multiple projects, as may be necessary. (ii) If the applicant's proposed construction project will extend beyond the utility rights-of-way into undisturbed areas or other rights-of-way, the applicant must establish that it has filed a petition with the CPUC to amend its certificate of public convenience and necessity and that the proposed construction project has been subjected to a full-scale environmental analysis by the CPUC, as required by Decision No. 95-12-057 of the CPUC. (iii) The applicant must inform the City whether its proposed construction project will be subject to any of the mitigation measures 743035-6 31 specified in the Negative Declaration ["Competitive Local Carders (CLCs) Projects for Local Exchange Communication Service throughout Califomia"] or to the Mitigation Monitoring Plan adopted in connection with Decision No. 95-12-057 of the CPUC. The City's issuance of a ministerial permit will be conditioned upon the applicant's compliance with all applicable mitigation measures and monitoring requirements imposed by the CPUC upon telephone corporations that are designated as "competitive local carriers." C. The City reserves all rights that it now possesses or may later acquire with respect to the regulation of any cable or telecommunications service that is provided, or proposed to be provided, by a telephone corporation. These reserved fights may relate, without limitation, to the imposition of reasonable conditions in addition to or different fi.om those set forth in this section, the exaction ora fee or other form of consideration or compensation for use of public rights-of-way, and related matters; provided, however, that such regulatory rights and authority must be consistent with federal and state law that is applicable to cable or telecommunications services provided by telephone corporations. ARTICLE 5. USE OF PUBLIC RIGHTS-OF-WAY 5.12.160 Findings; Policies and Procedures A. The City Council finds and determines that numerous and repetitive excavations in the public rights-of-way diminish the useful life of the surface pavement and generally cause adverse negative impacts for local residents, local businesses, and vehicular and pedestrian traffic. The City Council further finds and determines that the utility substructure in the public rights-of-way is subject to potential adverse negative impacts as a consequence of new economic and regulatory policies that foster increased competition between various utility service providers, including telephone corporations, and between other service providers, such as cable system operators. In order to mitigate these potential adverse negative impacts, the following policies are adopted: 1. The City Manager is directed to develop and to implement public rights-of-way policies and procedures that incorporate, to the extent reasonably feasible and consistent with all applicable laws and regulations, the following requirements that are intended to encourage the shared use by utility and other service providers of existing facilities in the public rights-of-way: a. A requirement that utility and other service providers requesting permits review information provided by the City that identifies the location of facilities, such as underground conduits, that are available for shared use, and the owners of those facilities. b. A requirement that utility and other service providers requesting permits submit a written statement that describes in reasonable detail the efforts made to obtain fi.om other utility service providers the right to use excess capacity within existing facilities, and to thereby avoid the construction of new facilities. 743035-6 32 c. A requirement that utility and other service providers occupying the public rights-of-way submit annually to the City a map, which may be in an electronic-data format maintained in the ordinary course of business, that shows the location of their respective facilities in the public rights-of-way. Notwithstanding the foregoing, an updated annual map need not be provided unless there are changes to the location of the service provider's facilities in the public rights-of-way. d. Any additional requirements that will encourage utility and other service providers to share excess capacity within previously-constructed facilities and to coordinate the construction of new facilities in order to minimize the number of excavations in the public rights-of-way. 2. The City Manager is directed to ensure that all utility and other service providers, including telephone corporations and cable system operators, comply with all local design, construction, maintenance and safety standards that are consistent with state and federal laws and regulations and that are contained within, or are related to, any permit that authorizes the construction of facilities within the public rights-of-way, which standards may address without limitation, the following: restrictions on scheduled working hours in order to minimize adverse impacts on traffic circulation and on holiday shoppers; restrictions on new construction within arterial or collector streets that have recently been resurfaced; advance information concerning City plans to reconstruct, rehabilitate, or maintain arterial or collector streets; insurance requirements; and the restoration or repair of damage to streets and public rights-of-way. B. The City Council finds and determines that the installation in the public rights-of-way of numerous above-ground facilities by utility service providers, including telephone corporations, and other service providers may create safety hazards and adverse visual impacts. Consequently, the Public Works Department is authorized to impose, in a manner consistent with all applicable laws and regulations, reasonable conditions in order to mitigate those potential adverse impacts that may result, whether on an individual or a cumulative basis, from permitted above-ground facilities. Those conditions may include or relate to, without limitation, the following: 1. Prior to issuance of the requisite permits, all above-ground facilities proposed to be installed by a utility or other service provider in the public rights-of-way must be clearly delineated on the plans when they are submitted for the City's review. 2. The design and installation by qualified professionals of landscaping and barriers to minimize public view of above-ground facilities whose location has been approved by the City. 3. The maintenance of all above-ground facilities in good condition, including compliance with the City's ordinances regarding graffiti removal. 4. The placement of above-ground facilities, such as overhead drops, as close as possible to other utility drops, consistent with all applicable electrical codes. 743035-6 33 5. Reasonable limitations upon the number of above-ground facilities that may be installed within a designated geographical area. 6. Reasonable limitations upon the dimensions or volume, or both, of above-ground facilities. 7. The specification of colors, as are available from the manufacturer used by the service provider, of above-ground facilities reasonably requested by the City to ensure that these facilities blend with the surrounding environment to the maximum extent possible. 8. Such additional conditions regulating the time, place, and manner of installations of above-ground facilities as will reasonably mitigate potential safety hazards and adverse visual impacts attributable to these facilities. C. The City reserves all fights that it now possesses or may later acquire to adopt and implement City-wide requirements for the undergrounding of above-ground facilities, or any portion thereof, in a competitively neutral and non-discriminatory manner. To the extent authorized by law, all utility and other service providers will be required to comply with those requirements at their sole expense. D. With regard to the policies and procedures to be developed by the City Manager and by the Department of Public Works in accordance with the authority delegated by subsections (1) and (2) of paragraph (A) and by paragraph (B), the City Manager shall ensure that a consultative process is established that will provide all affected utility and other service providers with advance notice and an opportunity to review and to comment on those policies and procedures prior to their implementation. Such comments may address, without limitation, technological feasibility, consistency with statutory and regulatory mandates, and potential financial burdens attributable to those policies and procedures. The City will consider all comments submitted before exercising its discretion concerning the adoption and implementation of these policies and procedures. E. Disputes relating to the application of the policies, conditions and limitations set forth in this Article 5 to utility service providers, cable system operators, or other users of the public fights-of-way are subject to appeal to the City Council in accordance with the provisions of Chapter 2.36 of Title 2 of this Code. ARTICLE 6. DEFINITIONS 5.12.170 Defined Terms and Phrases A. The words, terms, phrases, and their derivations set forth in this ordinance have the meanings set forth below. Words used in the present tense include the future tense, and words in the singular include the plural number. "Cable service" means the one-way transmission to subscribers of video programming, or other programming services, and subscriber interaction, if any, that is required 743035~6 34 for the selection or use of that video programming or other programming service. For the purposes of this definition, "video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station; and "other programming service" means information that a cable system operator makes available to all subscribers generally. "Cable system," or "cable communications system" or "cable television system," means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community. The term "cable system" does not include: (i) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (ii) a facility that serves subscribers without using any public right-of-way; (iii) a facility of a common carrier that is subject, in whole or in part, to the provisions of Title 1I of the Communications Act, except that such facility will be considered a cable system (other than for purposes specified in Section 621 (c) of the Communications Act) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; (iv) an open video system that complies with Section 653 of the Communications Act; or (v) any facilities of an electric utility that are used solely for operating its electric utility system. "Cable system operator" means any person or group of persons: (i) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in that cable system; or (ii) who otherwise controls or is responsible for, through any arrangement, the management and operation of that cable system. "City" means the City of Temecula as represented by its City Council or by any delegate acting within the scope of its delegated authority. "__ CFR" means the Code of Federal Regulations. Thus, the citation of "47 CFR 80.1" refers to Title 47, part 80, section 1, of the Code of Federal Regulations. 743035-6 35 "Communications Act" means the Commtmications Act of 1934 (47 U.S.C. §§ 153, et seq.), as amended by the Cable Commtmications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996. "FCC" or "Federal Communications Commission" means the federal administrative agency, or any lawful successor, that is authorized to regulate telecommunications services and telecommunications service providers on a national level. "Franchise" means an initial authorization, or the renewal of an initial authorization, granted by the City Council, whether such authorization is designated as a franchise, agreement, permit, license, resolution, contract, certificate, or otherwise, that authorizes the construction or operation ora cable system or an open video system. "Franchise fee" means any fee or assessment of any kind that is authorized by state or federal law to be imposed by the City on a Grantee as compensation in the nature of rent for the Grantee's use of the public rights-of-way. The term "franchise fee" does not include: (i) Any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable subscribers); (ii) Capital costs that are required by the franchise to be incurred by a Grantee for public, educational, or governmental access facilities; (iii) Requirements or charges that are incidental to the award or enfomement of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or (iv) Any fee imposed under Title 17, United States Code. "Franchise service area" or "service area" means the entire geographic area of the City as it is now constituted, or may in the future be constituted, unless otherwise specified in the ordinance or resolution granting a franchise, or in a franchise agreement. "Grantee" means any person that is awarded a franchise in accordance with this chapter, and that person's lawful successor, transferee, or assignee. "Multichannel video programming distributor" or "video programming distributor" means a person such as, but not limited to, a cable system operator, an open video system operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available multiple channels of video programming for purchase by subscribers or customers. 743035-6 36 "Open video system" means a facility consisting of a set of transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service, including video programming, and that is provided to multiple subscribers within the City, provided that the FCC has certified that such system is authorized to operate in the City and complies with 47 CFR 1500 et seq., entitled "Open Video Systems." "Open video system operator" means any person or group of persons who provides cable service over an open video system and directly or through one or more affiliates owns a significant interest in that open video system, or otherwise controls or is responsible for the management and operation of that open video system. "Person" means an individual, partnership, limited liability company, association, joint stock company, trust, corporation, or governmental entity. "Public, educational or government access facilities" or "PEG access facilities," means the total of the following: (i) Channel capacity designated for noncommercial public, educational, or government use; and (ii) Facilities and equipment for the use of that channel capacity. "Subscriber" or "customer" or "consumer" means any person who, for any purpose, subscribes to the services provided by a multichannel video programming distributor and who pays the charges for those services. "Street" or "public right-of-way" means each of the following that has been dedicated to the public and maintained under public authority or by others and is located within the City limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights- of-way, and similar public property that the City from time to time authorizes to be included within the definition of a street. "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. "Telecommunications equipment" means equipment, other than customer premises equipment, used by a telecommunications service provider to provide telecommunications service, including software that is integral to that equipment. "Telecommunications service" means the offering of telecommunications directly to the public for a fee, or to such classes of users as to be effectively available directly to the public, regardless of the equipment or facilities that are used. "Telecommunications service provider" means any provider of telecommunications service. 743035-6 37 " U.S.C. § "means the United States Code. Thus, the citation of"47 U.S.C. § 153" refers to Title 47, section 153, of the United States Code. "Video programming provider" means any person or group of persons who has the fight under the federal copyright laws to select and to contract for the carriage of specific video programming on a cable system or an open video system. "Video provider" means any person, company, or service that provides one or more channels of video programming to a residence, including a home, multi-family dwelling complex, congregate-living complex, condominium, apartment, or mobilehome, where some fee is paid for that service, whether directly or as included in dues or rental charges, and whether or not public rights-of-way are used in the delivery of that video programming. A "video provider" includes, without limitation, providers of cable television service, open video system service, master antenna television, satellite master antenna television, direct broadcast satellite, multipoint distribution services, and other providers of video programming, whatever their technology. B. Unless otherwise expressly stated, words, terms, and phrases not defined in this ordinance will be given their meaning as used in Title 47 of the United States Code, as amended, and, if not defined in that Code, their meaning as used in Title 47 of the Code of Federal Regulations. ARTICLE 7. VIOLATIONS; SEVERABILITY 5.12.180 Violations; Enforcement A. Unless precluded by applicable law, any person who violates any provision of this ordinance is guilty of a misdemeanor and is punishable as provided for in Chapter 1.20 of Title 1 of this Code. B. The misdemeanor penalty specified above in paragraph (A) is not applicable to a violation of any provision of this ordinance for which another sanction or penalty may be imposed under any franchise, license, lease, or similar written agreement between the City and a multichannel video progranmaing distributor or telecommunications service provider. C. The City may initiate a civil action in any court of competent jurisdiction to enjoin any violation of this ordinance. 5.12.190 Severability If any provision of this ordinance is determined by any court of competent jurisdiction, or by any federal or state agency having jurisdiction over its subject matter, to be invalid and in conflict with any paramount federal or state law or regulation now or hereafter in effect, or is determined by that court or agency to require modification in order to conform to the requirements of that paramount law or regulation, then that provision will be deemed a separate, distinct, and independent part of this ordinance, and such determination will not affect the validity and enforceability of any other provisions. If that paramount federal or state law or 743035-6 38 regulation is subsequently repealed or amended so that the provision of this ordinance determined to be invalid or subject to modification is no longer in conflict with that law or regulation, then that provision will again become effective and will thereafler be binding on the City and any affected cable or telecommunications service provider; provided, however, that the City must give the affected cable or telecommunications service provider 30 days written notice of that change before requiring compliance with that provision, or such longer period of time as may be reasonably required for the cable or telecommunications service provider to comply with that provision. Section 3. In adopting this ordinance, it is the intent of the City Council that Section 5.12.080, entitled "Consumer Protection and Service Standards," will apply to all franchised video programming distributors, including Cenmry-TCI California, L.P., dba Adelphia Cable Communications. To the extent that any consumer protection and service standard referenced in Resolution No. 96-35 is inconsistent or in conflict with any provision of Section 5.12.080 of this ordinance, said standard in Resolution No. 96-35 is hereby repealed and superseded. Similarly, to the extent that any consumer protection and service standard set forth in the Non-Exclusive License dated January 10, 1989, is inconsistent or in conflict with any provision of Section 5.12.080 of this ordinance, said standard in the Non-Exclusive License is hereby superseded. Section 4. Following the City Council's adoption of this ordinance, the City Clerk is directed to provide a copy by certified mail to the franchised cable operator, Century- TCI California, L.P., dba Adelphia Cable Communications. Upon the expiration of 90 days following the transmittal of this ordinance to Century-TCI California, L.P., dba Adelphia Cable Communications, the provisions of Section 5.12.080 relating to consumer protection and service standards will apply to the operation of the cable television system within the franchise service area under the Non-Exclusive License referenced above in Section 3. The authority for this action by the City is derived from the following sources: A. 47 Code of Federal Regulations 76.309, entitled "Customer Service Obligations," which provides in relevant part as follows: A cable franchise authority may enfome the customer service standards set forth in paragraph (c) of this section against cable operators. The franchise authority must provide affected cable operators ninety (90) days written notice of its intent to enfome the standards." "(b) Nothing in this rule should be construed to prevent or prohibit: (3) Any State or any franchising authority from enacting or enfoming any consumer protection law, to the extent not specifically preempted herein; or 743035-6 39 (4) The establishment or enfomement of any State or municipal law or regulation concerning customer service that imposes customer service requirements that exceed, or address matters not addressed by the standards set forth in paragraph (c) of this section." B. California Government Code Section 53088 et seq., entitled the "Video Customer Service Act." Section 53088.2(p) of this Act provides as follows: Nothing in this division limits the power of a city, county, or city and county or video provider to adopt and enforce service standards and consumer protection standards which exceed those established in this division." Section 5. The City Clerk is directed to certify to the passage and adoption of this ordinance and to cause this ordinance to be published as required by law. of PASSED, APPROVED AND ADOPTED this ., 2003. day ATTEST: MAYOR SUSAN JONES, CMC CITY CLERK 743035-6 40 [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA SS I, Susan Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Ordinance No. was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on ,2003, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: SUSAN JONES, CMC CITY CLERK 743035-6 41 ITEM 14 APPROVAL ~ CITY ATTORNEY DIRECTOR OF FINA!~[~ ~ CITY MANAGER /.--,~/! -- CITY OFTEMECULA AGENDA REPORT TO: FROM: DATE: City ManagedCity Council ~Y~usan W. Jones, City Clerk/Director of Support Services October 28, 2003 SUBJECT: Public/Traffic Safety Commission Appointment PREPARED BY: Cheryl Domenoe, Administrative Secretary RECOMMENDATION: Appoint one applicant to serve on the Public/Traffic Safety Commission for a full three-year term through October 10, 2006. BACKGROUND: The term of Commissioner Scott Lanier expired on October 10, 2003. The City Clerk's office has followed the Council's established procedure for filling a Commission vacancy by advertising the opening in the local newspaper. Notices were also posted at various locations within the City and on the City's Web page. When the deadline was reached for accepting applications, the applications were forwarded to the subcommittee comprised of Mayor Stone and Mayor Pro Tem Naggar for review and recommendation. Both Mayor Stone and Mayor Pro Tem Naggar recommend the reappointment of Scott Lanier. All applicants are registered voters and live within the city limits of Temecula. The term is through October 10, 2006. Attached are copies of the applications that were received by the filing deadline of October 2, 2003. ATTACHMENTS: Three (3) Copies of Applications for Appointment. Agenda Reports/Appointment to Traffic Commission 1 0,9-30-03 P02:"32 IN City of Temecula 43200 Business Park DriveCommission Appointment I Temecula, CA 92590 I Application I www.cityoftemecula.org (909) 694-6444 RECEIVED DEPT, ~"'lPlanning Community Services ~ v ~ Public Traffic Safety Number of years as a City of Temecula Resident 6 Are you a City Registered Voter? Yes NAME: James D. Dent ADDRESS: 41791 Cascades Court Temecula 92591 OCCUPATION: Retired Police Sergeant DAYTIME PHONE: (909) 506-6639 EVENING PHONE: Same EMPLOYER NAME: City of San Diego Police Department (Retired) EMPLOYERADDRESS: 1401 Broadway San Diego, Ca 92101 E-MAIL jluvbbluvj@aol.com Educational Background/Degrees: Life Time Teaching credential - Criminal Justice - San Diego State University List any City or County Board, Committee or Commission on which you have served and the year(s) of service: State of California Police Officers Standards and Training Committee San Diego County Chapter, January 1989 to September 1994. List any organizations to which you belong (professional, technical, community service): Vice President Temeku Hills HOA - 2002 President Temeku Hills HOA 2003 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.) 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, $ionature: ~--- ~~,~' Date: ~ ~J~, O0 Please retur~to'~City Clerk's Offi~c.,e, 43200 Business Park Drive (909)'694-64~4 (OR) ~-~ Mail to: P.O. Box 9033, Temecula, CA 92589-9033 Please be aware of the advertised deadline City of Temecula Commission Appointment Application Public Traffic Safety James D. Dent 41791 Cascades Court Temecula, California 92591 I spent the majority of my Law Enfomement career in the area of Traffic Safety, Accident Investigation, Traffic Law Enforcemem and Education. Since moving to Temecula from San Diego I have found a community that takes great pride in its Roadways and Traffic Safety issues. I feel that I could contribute to these ideals and give further to the community that I now call home. Please accept the following information as my resume for consideration for this position on the Public Traffic Safety Commission. 1969-1994 San Diego Police Department Assignments: 1969-1971 Patrol Duties 1971-1972 Accidem Investigation 1972-1975 Motorcycle Officer 1975-1982 Detective Hit & Run Detail 1982 Promoted to Sergeant 1982-1984 Supervisor Patrol 1984 1985 Supervisor Communications Division 1985-1986 Supervisor Traffic Division 1986-1989 Supervisor Motorcycle Unit 1989-1994 Supervisor Training and Development Division Specific Related Duties: Investigate Traffic Collisions Enforce DUI and Traffic Related Violations Make Traffic Safety Recommendations Follow-up Investigations of Fatal and Felony Collisions Supervise Accident Investigations Supervise Speed Enforcement Units Supervise Special Details such as Presidential Visits, Olympic Events, Runs and Stadium Events (Chargers, Padres, SDSU etc.). Supervise In-Service Training Unit Courses Taught at The San Diego Police Academy, Southwestern College and Miramar College: Basic Accident Investigation Hit & Ran Investigation Crime Scene Investigation Interview and Interrogation Verbal Judo Community Orientated Policing Cultural Awareness Thank you for considering my application for the Public Traffic Safety Commission. City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.c!tyoftemecula.org (909) 694-6444 09-22-05 P~2:41 IN Commi io poifltmt I For proper conslderatlon,.you must current y be a res dent of the City of Temecula and a Registered Voter In the City of Temesula /'/ease C/~eck One.. r----']Plannlng r--'-~ Community Sewices ~ Public Traffic Safety Number of years as a City of Temecula Resident 1 Are you a City Registered Voter? Yes NAME; Robert J. Hagel Sr. OCCUPATION: Local Business Owner ADDRESS: 43056 Corte Calanda, Temecula CA 92592-3600 DAYTIME PHONE: g09-894-7222 EMPLOYER NAME: Eagle's Mark Inc. - Owner EVENING PHONE: 909-302-5671 EMPLOYER ADDRESS: 41555 Cherry Street Suite J, Murrieta CA 92562-9093 E-MAIL b°b~eagles'mark'c°m =-ducational Background/Degrees: S - Industrial Relations & Economics, Rider University, Lawrepceville NJ Additional coNrse WOrk in Computers, Software, Communicatiorl Systems, Management, Human Communications~ List any City or County Beard, Committee or Commission on which you have served and the year(s) of service: Mission Viejo !naugral Volunteer Day Committee - 1993 List any organ zations to which you belong (professional, technical, community service): Active Members of the Temecula Valley Chamber of Commerce ( Local Business Promotions Committee; Membership Committee - Ambassador); Murdeta Chamber of Commerce (Ambassador). Awards & Recognition Association; Graphic~ Products Association. S~te why you wish to serve on this commi~sipn, end why you {~elieve you are qualified for the position. please be specific. (YoN may attach a separate sheet of paper if necessary.) See attached. I understand that any. or all Information on this form ,may be verified. I consent to the release of this Informat on for public Information purposes. Signature:_ Date: Please return to: City Clerk's Office, 43200 Business Rark Drive (909) 694-~.~. (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 Please be aware of the advertise~f deadline I want to fulfill my obligation as a Temecula citizen to support and give back to my community. With my children grown up and owning a local business I have the quality time to dedicate to this level of responsibility to the city. We are relatively new in Temecula but have been quickly immersed in the every day issues of living and doing business in this beautiful city. I have an interest in continuous improvement of public safety and traffic in our community. ! have no preconceived notions of past performance of the commission and am very fair and open minded. I offer leadership experience and skills from 30 years in managemerlt in national businesses. I am a visiorla~ry, have a long-term view in solving problems, ap~ gOod organizational skill{~. I also offer teamwork skills and a personality that helps br rig about agreement and~ r~solut on c~rl mportant ssues be eve my e)~lperlence 'n computers and techn°lO~gy would be ~useful in understanding the benefits and potentiaI pitfal s of photo enforcement, traffic ii~ht t m ng G S, and other technology · based tools ayai.able today. I have a strong belief in the importance of integrity ~nd financia pragmatism. I do not believe in spending on what is not needed, howeve~r, I am a strong believer in making smart inveStmentS` n our work too s arid support syStems The City public safety and road departments can best serve us with high qua!ity tools and the training required to get the most Use from their tools and system% Th~ cheap and quick solution is often the mOst experts ve soution n the ong terh~ I Support City volunteer safety programs inc!u, ding the Temecula Citizens Corp and Neighborhood Watch. I would support increasing awareness of Neighborhood Watch and creating, a Business Center Watch program similar to Neighborhood Watch My b%iness was bl.!rglarized after only a f~w months after opening. I was unprepared and have Since ~ound my fellow busines~ assoc a{es to, be unaware of the grow ng public safety problems for local businesse~ that accompany our community growth. As a resident of Mission Viejo for 15 years I have lived through the high growth period that Temecula is now going through and will likely go through for many years to come. Many of the Cha ler~ges Miss on Vejo had n managing its growth was related to old or poor demograph C information regarding the impact of population on traffic, parking, Crime, vandalism, and the many other public safety issues that must be foreseen and planned for. ! w~uld support th~ city in'~btai~ing I~igh quality and accurate demographic panning in[ormation to allow the comm!ssion and City departments to see out in the future the very ~est they can I would like to offer my skills, time and commitment to the City of Temecula by serving O~ the Publ~C~ iaffic Safety Commission. Thank you fl3r your consideration. Bob Hagel RECEIVED City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (909) 694-6444 SEP 2 3 2003 CITY CLERKS DEPT, Commission Appointment Application -~ "~For prol~er c,onslderation ~y6ul~ust burrent Y bee resident of th~, ' City o,f Temecula and a Reg stered Voter n the C ty of Temecula ' I Please Check One: __ Planning __ Community Services Iv'] Public Traffic Safety Number of years as a City of Temecula Resident 14 Are you a City Registered Voter? yes NAME: ._Scott Lanier OCCUPATION: Senior Manager- FEDEX ADDRESS: 32232 Corte Coronado Temecula, Ca 92592 DAYTIME PHONE: 909 874-3030 EMPLOYER NAME: FEDERAL EXPRESS EVENING PHONE: 909 693-9976 EMPLOYER ADDRESS: 280 W. Valley Blvd. Rialto, Ca 92376 E-MAIL sjlanier~fedex.com Educational Background/Degrees: B.A.-Social Relations UCRiverside 1978 List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Served last three years on Public Traffic/Safety Commission. List any organizations to which you belong (professional, technical, community service): United Way Coordinator-FEDEX 2001-2003. 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.) See attached sheet 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: I , Please return to: City Clerk s Office, 43200 Business Park Ddve (909) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 Please be aware of the advertised deadline I wish to continue to serve on Public Traffic/Safety commission, for another term, to further the work that has been accomplished the last three years. The city and the commission have been very instrumental in keeping Temecula a desirable and safe city to hve. Every time that I have come to a commission meeting, I have come prepared and have done my homework on each agenda item. I believe that I make decisions that are consistent and fair. While each agenda item is unique, I feel it is important to ~¢member I am making.decisions that would be uniform throughout the entire city. I believe I have worked well with staff, as well as the fire and police departments. I know there will be other applicants that have good qualifications. All I ask is that the best candidate gets appointed. Hopefully it will be me. Sincerely, Scott Lanier ITEM 15 APPROVAL CITY ATTORNEY DIRECTOR OF FIN,~;,E CITY MANAGER I CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: ~x. Susan W. Jones - (,.~City Clerk/Director of Support Services DATE: October 28, 2003 SUBJECT: Community Services Commission Appointments PREPARED BY: Cheryl Domenoe, Administrative Secretary RECOMMENDATION: Appoint two applicants to serve full three-year terms on the Community Services Commission through October 10, 2006. BACKGROUND: The term of Commissioner Tom Edwards expired on October 10, 2003 and there is a vacant seat due to the recent resignation of Janet Yorke. 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 Stone and Councilmember Comerchero for reviewand recommendation. Both Mayor Stone and Councilmember Comerchero recommend the reappointment of Tom Edwards and the appointment of Charlotte Fox to serve full three-year terms through October 10, 2006. All applicants are registered voters and live within the City of Temecula. Attached are copies of the applications that were received bythe filing deadline of October 2, 2003. ATTACHMENTS: Four (4) Applications for Appointment Agenda reports~Appointment Community Services RECEIVED JUL ! 0 2.003 07-10-03A10:36 FILE City of Te_mecula ,moo sust,~,, P.,k o~ ~ Commission Appointment T~uA, CA 925~ ~.~,~.~ ~ Application (~) 694~ __ Planning xxx Community Services. . Public Traffic Safety ' Number of years as a City of Temecula Resident - i 4~ Are you a City Register¢~:l Voter?. Yes NAME: .,~-:EVE CRAIG. 42960 Calie Reva ADDRESS: 909/699-9872 DAY. ME PHONE: OCCUPATION: Temecula, CA 92592 EVENING PHONE: Same EMPLOYER NAME: Self EMPLOYER ADDRESS: Educational Background/Degrees: E-MAILs c~a i~@Juno, com Pomona College, B. A. 1945 List any City or County Board, .Committee or Commission on which you have sewed and the year(s) of. service: - Please see Item 1. on attached pages Ust any organizations to which you belong (professional, technical, ~ommunity service): Please see Item 2. on attached pages 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.) Please see Item 3. on attached pages I understand that a~y or ali information on this form may be verified. I consent to the release of this-info),~ation for public ~¢oi~atton purposes. Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE SE AWARE OF THE ADVER33SED DEADLINE EVE CRAIG APPLICATION - COMMISSIONER OF COMMUNITY SERVICES 1. Listed in Who's Who of American Women as Coordinator, Manager of Volunteers for the Music Center Building Fund, Los Angeles 1959 - 1965. Administrator of social activities of Los Angeles Civic Light Opera Assn., 1965 for many years. Pres. Municipal Art Gallery Assoc., Los Angeles 1966 and Bd. of Dir. Thru 1969. Rec. Sec. Hollywood Bowl Patroness Committee 1964-66. Coordinator Music Center Building Fund 1959-1964, coordinator Blue Ribbon 400 of Music Center 1968-69. President Hollywood Bowl Patroness Committee 1979 & 1980. 2. Temecula, California 1989, Winner with two others of the design of City Seal. Charter Member of The Arts Council of Temecula Valley. Charter Member of Assistance League of Temecula Valley. 1990, Chaired the first Arts Festival also in 1992 and 1994 and co-chaired, participating several times. Chaired the Mayor's Ball 1992, 1993, 1995, 1997 & assisted a number of times. 1990 - 1991, Assistance League of Temecula Valley served as Public Relations Chairman. 1992 Associate Member, Assistance League of Temecula Valley until present time. 1993, Treasurer and CFO Temecula Valley Film Council & still active member of board. Corresponding Secty. Sharp HealthCare, Murrieta Auxiliary, played piano for patients for several years. Associate of The Firebirds. 1994, President of The Arts Council of Temecula Valley. Nomination as Citizen of the Year in 1994 and 1995 by Temecula Valley Chamber of Commerce. 1995, Vice Pres., Friends of the Arts 1996, Soroptimist International's Woman of Distinction. 1996, May 14 until present day, July 9, 2003 provided prelude music for City Council meetings. 1998, Co-runners up for Good Neighbor Award, serving as Grand Marshals of Fourth of July parade. 1999, My name was placed on the Wall of Honor for making significant contributions to the City of Temecula. 2001, Nominated by North County Times as Woman of Merit. Elected President of Temecula Valley Historical Society. Chairperson of Wolf's Tomb Restoration Committee. committee. 2002-2003, Lifetime Achievement Award from the Temecula Valley Chamber of Commerce. 2003, Continuing membership in The Arts Council, on Advisory Board. Associate Memberships in Rancho Springs Medical Center Aux. and Assistance League of Temecula Valley Auxiliary. Member of Temecula Valley Historical Society and Committee Chair of Wolf's Tomb. 3. My interest in serving on the Community Services Commission is to help keep the quality of life in the City of Temecula as wonderful as it is. The City Council Members since 1989 have consistently improved the quality of life each year to near perfection. As the population grows, community services must grow with it. In addition to caring about this beautiful city, my qualifications may be summed up in one word, "experience" as may be seen in the attached pages. If appointed, I would do my best to be helpful. Thank you for your consideration. City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftem ecula.org (909) 694-6~.~ ~ 09-04-03P02:05 FILE Commission Appoin£men£ Application Please Check One; ' __ Planning /v/' Community Services Number of years as a City of Temecula Resident '/ __ Public Traffic Safety . . Are you a City Registered Voter?. Y~-~ NAME: /,,~-'~v~',4~ DA~IME PHONE: EMPLOYER N~E: EMPLOYER ADDRESS: OCCUPATION: EVENING PHONE: Educational Background/Degrees' _ . / /// .. ~z~/'e//o/¢,'~ .,~'~ List any City or County Board, Committee or Commission on which you have served and the year(s) of List any organizations to which you belong (professional, technical, community service): 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.) I undor~tand that any or all information on~ fo~a~ b~v~rifi,d. I eon~nt to th, thi~ informati~ ~ publi~ i~f~purpo~ Signatu~~~ ' Date: Please return to: City Clerk's .~3200 Business Park Drive (90~) ~4-6444 (OR) Mail to: P. 0. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE RECEIVED City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (909) 694-6444 ' Forproperc~nslde~aflon, ydumustcurrentiybearssldentofthe , City of Temecu a aid a Registered Voter in th~ CitY of TemeCula __ Planning L......~ Community Services ~ Public Traffic Safety Number of years as a City of Temecula Resident (~+ Are you a City Registered Voter?. ~ NAME: ADDRESS: ~.h_~ rn!=_ tip Fox OCCUPATION: retired 32800 Hupa Drive, Temecula, CA 92592 DAYTIME PHONE: EMPLOYER NAME: (909) 302-0180 EVENING PHONE: same EMPLOYER ADDRESS: E-MAIL Lottiefox~cs.com Educational Background/Degrees: college educated but no degree; wife, mother of four; former business owner; 35 years of civic participation and community leadership experience List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Currently serving on steering[ committee for County Historical Tourism Committee; in late 1960s, served on steering committees for California Status for Women Commission and California Coastal Commission; List any organizations to which you belong (professional, technical, community service): (see mention of a few groups on attachment) 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,) I am a visionary, but a visionary tempered with a lot of practical experience. I wish to serve on this commission because it is advisory in nature and deals directly with my forte, quality-of-life projects and ideas. (also see attachment) 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. Please return to: City Clerk's Office, 43200 Business Park Drive (909) 694-6~.~.~. (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 Please be aware of the advertised deadline A'I-I'ACHMENT Commission Appointment Application Charotette Fox As a retiree and transplant to Temecula, my efforts since moving here almost seven years ago have been to know the dty, its history, its people and its processes. I believe in and have demonstrated my appreciation for the goats and concepts embodied in the major philosophies espoused here: forward-thinking, family-oriented, hard-workin~ and patriotic attitudes. Because of my personal ener~y and curiosity, my interests and contacts are very far-ranging. I maintain membership in several local organizations, several countywide, statewlde or nationwide organizations. My active partidpation and financial support centers around my hobbies of gardening, history and civic participation. Currently I am President of the Temecula Valley Historical Society, a Chapter of the League of Women Voters serving all of Riverside County, and the Nonprofit Network serving the Southwest area. I am a member of the board for Master Gardeners, Vail Ranch Restoration Association, the steedn~ committee for the Historic Tourism Committee for Riverside County, and ENACT (an independent nonprofit subgroup of League of Women Voters that educates members and the public about air, water, land use and open space issues for a six-county re~ion). I formed the original School Gardens Committee for Southwest Riverside County, assisted in the formation of two new historical societies during 2003, and the re~ional historical council (an informal, informational group), and before moving to Temecula was a charter member and part of the organizing team to establish the Diamond Bar Chamber of Commerce. I am a graduate of the CORO program for civic invotvment, the Master Gardener pro,ram, the Master Composter Pro~ram, and was nominated a Woman of Merit for 2003 by the North County Times. My work with League of Women Voters does now as it has for 35 years, placed me in many responsibility-laden, high visibility positions. Research, writing, and educating skills have been important components of these volunteer positions and have provided me with valuable background and skills that are transferable to all my volunteer endeavors. City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (9O9) 694-6~4~. 09-30-03P12:32 RCVD RECEIVED SEP 3 0 ; 003 · . . I Commission Appmntment I Applfcatfon .For pm. per oonaldemflon,,you*m~ uet eUn~nUy be:. reildent of the, , I City of Temeculs end · Registered Voter In the City of Temeaula __ Planning ~=~ Community Services F~ Public Traffic Safety Number of years as a City of Temecula Resident 5 Are you a City Registered Voter? YES NAME: JIMMY N. MOORE OCCUPATION: RETIRED ADDRESS: 43557 SAVONA STREET, TEMECULA, CA 92592 DAYTIME PHONE: (909) 302-9536 EMPLOYER NAME: N/A EVENING PHONE: (909) 302-9536 EMPLOYER ADDRE66: NIA E-MAIL jandp.moore@verizon.net Educational Background/Degrees: BGenEd - University of Omaha; MBA - University of Alaska; ABD/DBA - George Washington University List any City or County Board, Committee or Commission on which you have served and the year(s) of service: President - Temecula City Committee 1987 - 1989; Co-Program Administrator - Temecula Citizen Corps - 2003; Chairman - TVUSD Partners In Education Committee - 2002 - 2003 List any organizations to which you belong (professional, technical, community service): Board Member, Treasurer - Arts Council of Temecula Valley; Board Member - Inland Valley Symphony; Treasurer - Kiwanis Club of Temecula/Murrieta; Docent - Temecula Valley Museum; TVCC Education Committee; TVCC Tourism Committee; Temecula Valley Historical Society; Friends of the Temecula Library; Army Otter-Caribou Association; Military Officer's Association of Amedca 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.) My desire in life is to see Temecula become the greatest small city in the world. Service on the Community Service Commission would allow be to play a greater part in that dream. The things that separate a great city from just a place to live are the cultural, sports and recreation opportunities that are available within the community. I believe Temecula has done a fabulous job in moving toward excellence in these areas and I would like to be part of the continuation of that process. I undemtand that any o..r. attlh'rO~ation on this form may be verified. I consent to the release of this information for public inform~(p.__~ ~ Slonature./' ~//'-'~'~ /~ ~ n.t.. September 30 2003 ° ----~tleaeaq'~um ;o~s Office, ~3200 Business Park Dri-;;i909)694-644~ (OR'~ ~ Mail to: P.O. Box 9033, Temecula, CA 92589-9033 Please be aware of the advertised deadline DEPARTMENTAL REPORTS APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITYMANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/Ci,~,.)~f~,(j[ Debbie Ubnoskd;~Director of Planning October 28, 2003 Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department in the month of September 2003. CURRENT PLANNING ACTIVITIES New Cases The Division received 6.~4 new applications for administrative, other minor cases, and home occupations and 8 applications for public hearings during the month of September. The new public hearing cases are as follows: DEVELOPMENT PLAN 2 CONDITIONAL USE PERMIT 1 LOT LINE ADJUSTMENT 2 PARCEL MAP 2 MINOR CONDITIONAL USE PERMIT 1 Status of Major Projects Recently Approved Projects Zevo Drive Condos - A Development Plan to construct 2 industrial condominium facilities totaling approximately 91,337 square feet on 3.5 acres located on the north side of Zero Drive. The Planning Commission approved this item on July 18, 2003. Sigma Industrial Complex - A Development Plan to construct 6 detached industrial buildings totaling approximately 83,000 square feet on 5 acres located on the north side of Zevo Drive, submitted December 23, 2002. Staff took the project to Planning Commission on July 2, 2003 with a recommendation of continuance for redesign. Planning Commission concurred with staff that the project requires additional enhancements. The Planning Commission approved this item August 6, 2003. R:~ONTH LY.R PT~2003~09-2003 Report.doc 1 Remington Business Center - A Development Plan to design and construct a light industrial complex consisting of 11 buildings, built in two phases, totaling 127,162 square feet, on 8.9 acres. The project is located on the south side of Remington Avenue between Winchester and Diaz Roads in the Westside Business Center. The project was approved by Planning Commission on September 3, 2003. Toyota of Temecula Car Wash - An Administrative Development Plan application to construct and operate a 1,833 square foot private car wash facility at the rear of the existing service building located at 26631 Ynez Road. The application was submitted on June 19, 2003. A letter requesting additional information and revised plans were received on July 30, 2003. The plans have been deemed acceptable and the project received an administrative approval on September 10th. Linfield Christian School Master Plan - Submitted by Linfield Christian School; a Conditional Use Permit and a Planned Development Overlay proposal to expand the existing facility with 154,397 square feet of additional classroom and accessory structures and a proposed 37,500 square feet of housing for a superintendent, caretaker and facility. This project is located on the north side of Pauba Road west of Margarita Road (behind Temecula Valley High School). A DRC was held December 12, 2002, and a letter was sent out with staff comments. The applicant revised the documents on February 21, 2003. Planning Commission recommended City Council approve project on May 21,2003. The City Council approved this project on August 26, 2003. Paseo del Sol Pad "C" is an Administrative Development Plan to construct a 7,368 square foot commercial building on Pad "C" within the existing, 11.98 acres, Villages @ Paseo del Sol shopping center on the north side of Highway 79 South. Jim Grant, of Del Sol Investments, submitted the application on June11,2003. Approved October 2, 2003. Landwerx/PC Gaming Arcade - A Minor Conditional Use Permit submitted by Landwerx/PC Gaming to operate an internet/amade caf~ for entertainment of customers between the ages of 15-25 years of age. The arcade will be operated out of a business suite in a commemial center located at 27309 Jefferson Avenue, Suite 104. This project was approved by the Planning Commission on September 17, 2003. Monkey Feet - A Minor Conditional Use Permit proposal to establish a computer network service and Internet access facility. The site is located at 27911 Jefferson Avenue, Suite 103. The Planning Commission approved this project on September 17, 2003. Baily's Front Street- A Conditional Use Permit/Development Plan to construct a 9,234 square foot restaurant on .35 acres located on the west side of Old Town Front Street and north of First Street; Walt Allen submitted this project on June 5, 2003. A DRC meeting was held on July7, 2003. The project was approved at the September 18, 2003 Director's Hearing. St. Catherine's expansion - A Conditional Use Permit and Development Plan to establish an educational/community meeting room, and construct a 2,301 square foot office addition and a 10,902 square foot classroom building on an 8.43-acre site located at 41875 C Street. The project was approved at the September 17, 2003 Planning Commission meeting. R:'~vlONTH LY.R PT~2.003~09-2003 Reporl.doc 2 Projects Under Review Commemial Overland - Ynez Commercial Center - A Development Plan to construct 2 restaurants totaling 10,385 square feet and a 22,000 retail building all on 5.1 acres located on the southeast corner of Overland and Ynez. McArdle & Associates submitted this project on August 13, 2003. A DRC meeting was held on September 11,2003. Staff is awaiting revised plans. Riverside Credit Union - A Conditional Use Permit/Development Plan to construct a 4,700 square foot bank with drive-thru services on .93 acres located at the southwest corner of Highway 79 South and Avenida De Missions. VRA Amhitects of Park Ridge, Illinois, submitted this project on August 19, 2003. A DRC comment letter was sent to the applicant September 26, 2003, and staff is awaiting revised plans. Palmilla Plaza Medical Office Building - A Development Plan to construct a single-story speculative medical office building on a .72-acre site. Located at 29748 Rancho California Road within the existing Palmilla Plaza. The application was submitted on August 20, 2003. A DRC meeting was held on September 18, 2003. Staff is awaiting plan revisions. Church of Jesus Christ of Later Day Saints - A Conditional Use Permit/Development Plan to construct and operate a 24,119 square foot single story church located on the north side of Pauba Road, approximately 170 linear feet west of the centerline of Corte Villoso. A DRC was held on February 13, 2003. A Community Meeting was subsequently held in the Council Chambers on March 17, 2003. Staff noted a number of concerns, which were voiced by the neighbors, which were then summarily sent to each attendee. A revised traffic study was submitted on August 13, 2003 and a second community meeting was held on September 11, 2003. Staff is preparing an Initial Study and is awaiting a Cultural Resources report. Overland Self Storage Facility - Conditional Use Permit to construct a 124,496 square foot, one story, self-storage mini warehousing facility on a two lot, 3.65-acres site, located south of Overland Drive and east of Commerce Center Drive. Future phase to include construction of a one-story 3,000 square foot office and caretaker's dwelling unit located at front of site. The applicant/owner has revised the architectural elevation plans for staff's review. Revised plans have been re-submitted and staff has continued to note discrepancies. A meeting with the applicant was held on August 14, 2003. As of October 4, 2003, the applicant has not resubmitted plans. Redhawk Car Wash - A Conditional Use Permit proposal to build a self-service car wash located approximately 500 feet west of Redhawk Parkway on the south side of Via Rio Temecula. The Planning Director approved this project on August 21,2003 and an appeal has been filed. The appeal is scheduled for the November 5th Planning Commission meeting. Ridge Park Point Office Building - A Development Plan to construct an 18,981 square foot three-story office building on 1.01 acres. The subject property is located on Ridge Park Drive, south of Rancho California Road. The application was submitted on September 19, 2003. A DRC meeting was held on October 16, 2003. Jefferson Avenue Inn - A revised Development Plan to construct, establish and operate a 3- story, 56-unit hotel complex totaling 31,600 square feet on a 1.35 acre site, located approximately 200 feet east of Jefferson Avenue and 200 feet north of Winchester Road. A R:\MONTH LY.R P'r~o03\09-2003 Report.doc 3 DRC meeting was held on May 22, 2003. The applicant submitted revised plans on June 30~ 2003. Affected Departments have provided comments to the applicant. Staff continues to await the submittal of all revised plans and materials. This application was heard bythe City Council on appeal and was remanded back to the Planning Commission for further revisions. Winchester Pavilion - A Development Plan to construct, operate and establish a 15,156 square foot commercial building on 1.15 acres, located at 41720 Winchester Road, west of Enterprise Circle South and east of Enterprise Circle West. The project was submitted on March 27, 2003. A DRC meeting was held on May 15, 2003 and plans need revisions. A DRC letter was mailed to the applicant on May 15, 2003. Staff met with the applicant on September 16, 2003, to discuss proposed revisions to the project. Roripaugh Town Center- A Development Plan to design and construct approximately 171,200 square feet of commercial development which include four major tenant buildings, six smaller freestanding buildings and inline shops on 20.2 acres. The project is located on the northeast corner of Nicholas Road and Winchester Road. Matthew Fagan Consulting Services submitted the application on July 24, 2003. A DRC meeting was held September 4, 2003. Staff is awaiting submittal of revised plans. Toyota of Temecula New Service Facility - A Development Plan to construct and operate a 5, 459 square foot service facility on 3.05 acres located on the east side of Motor Car Parkway, north of Solana Way. The application was submitted on July 14, 2003. A DRC meeting was held on August 14, 2003. Staff is awaiting submittal of revised plans. Vail MDC Tentative Parcel Map - A request to divide 7.56 acres into a 6 lot commercial subdivision, located on the south side of SR79 South, north of Wolf Store Road and west of Butterfield Stage Road. The application Was submitted on June 30, 2003 and a DRC meeting was held on July 30, 2003. An Initial Study has been prepared to address potential impacts to archeological resources and the public review period ended on September 26, 2003. Staff is currently preparing a staff report and conditions of approval and has scheduled the applicant for the October 23, 2003 Director's Hearing Meeting. Temecula Highlands - A Development Plan to construct a 30,514 square foot office building on 1.4 acres located on the south side of County Center Drive, approximately 1,500 feet east of Ynez Road (APN 910-110-045). Mc Ardle Associates submitted the application for the Garrett Group of Temecula on August 13, 2003. A DRC meeting was held for the project on September 11,2003.Staff is awaiting submittal of revised plans. Sushi Camp Patio Dining - An Administrative Development Plan to establish a 308 square foot outdoor dining area on existing hardseape to consist of steel chairs and tables and a 36" wrought iron fence at 32240 Highway 79 South, Suite 104. A letter was sent to the applicant on September 22, 2003. Staff is awaiting submittal of revised plans. Margarita Meadows - An Administrative Development Plan to remodel the front fa(;ade of an existing building for retail use. The project is located at 40435 Winchester Road within the Margarita Meadows/Costco Commemial Center at the northwest corner of the intersection of Margarita Road and Winchester Road. The project Plans have been deemed to be acceptable and an approval letter and conditions of approval were mailed to the applicant for signature on October 1,2003. R:\MONTH LY.R PT~2003\09-2003 ReporLdoc 4 Chaparral Center Addition - A Development Plan to construct a three story 12,551 square foot commercial addition to the existing Chaparral Center on 0.45 acres located on the west side of Old Town Front Street, approximately 150 feet north of 6th Street (APN 922-026-022). Matthew Fagan Consulting Services, submitted the application for Michael McMillan of Temecula on August 25, 2003. A DRC meeting was held for the project on September 25, 2003. The project went to the Old Town Local Review Board on October 13, 2003. Staff is awaiting submittal of revised plans. Subdivisions Power Center II Parcel Map - A request to divide 9.25 acres into a 6-lot commercial subdivision, located on the northwest corner of Margarita Road and North General Kearney Road. Diversified Investments or San Juan Capistrano submitted this project on September 5, 2003. A DRC meeting was held on October 2, 2003. Overland - Ynez Commercial Center Map - A request to divide 5.19 acres into 3 parcels based upon a proposed site plan configuration for the property. This project is located on the southwest corner of Overland Drive and Ynez Road. Davcon Development submitted this project on September 2, 2003. A DRC comment letter was sent to the applicant September 26, 2003 and staff is awaiting revised plans. Industrial RoicI-JRegency Industrial Building is a Development Plan to construct an industrial building with four suites totaling 12,407 square foot on 1.87 acres on southwest corner of Roick Drive and Winchester Road. James E. Horeca, submitted the application for Regency, Inc, on July 1, 2003. A Pre-DRC meeting was held on July 22, 2003. A DRC meeting was held on July 31, 2003 with the applicant. Currently, Staff is awaiting submittal of revised plans. Enterprise Circle Business Park- A Development Plan to construct a 9,060 square foot office/warehouse building and an 8,898 square foot office/warehouse building on 1.87 acres located at the corner of Enterprise Circle South and Enterprise Circle West. Dean Davidson submitted the project on August 6, 2003. A DRC meeting was held on September 4, 2003. The applicant submitted revised plans on October 14, 2003. Mixed Use Lago Bellagio - A Development Plan and Vesting Parcel Map to construct a 396-unit senior retirement facility building totaling 477,020 square feet, an 110,121 square foot office building and a 19,357 square foot clubhouse on 22.62 acres, located at the corner of Pechanga Parkway and Loma Linda. A DRC meeting was held on May 22, 2003. A DRC letter was mailed out on May 27, 2003. As of July 8, 2003, the applicant had not resubmitted plans for review. Staff sent out a 30-day letter requesting exhibits. The applicant has responded to the 30-day letter and will be resubmitting plans. · Villages of Old Town - Staff has been meeting with the applicant regarding the new proposal, however, no formal submittal has been received. Old Town Queen Anne Victorian -A Conditional Use Permit and Development Plan to construct a 11,000 square feet mixed use building to include retail uses (Restaurant) on the ground floor and office uses on the second floor on 1.93 acres, located at the northeast corner of Old Town R:'~vlONTHLY. RPT~2003\09-2003 Report.doc 5 Front Street an Fourth Street. A DRC meeting was held on for September 11,2003 and staff is awaiting submittal for revised plans. Staff will be drafting a 30 day letter Dalton Historic Building- A Conditional Use Permit and Development Plan to construct a 22,037 square foot mix used building on .33 acres to include retail and office space on the first floor and residential uses on the second floor, located the northwest corner of Main Street and Mercedes Street. A DRC meeting has been scheduled for October 23, 2003. Penfold Plaza- A Development Plan to construct a 23,135 square foot mixed use building on .32 acres to include retail space on the first floor, office space on the second floor and a restaurant on the third floor, located on the south side of Fifth Street and west of Old Town Front Street. A DRC meeting has been scheduled for October 23, 2003. Residential 2nd Dwelling Unit at Calle De Valardo - A second dwelling unit (Administrative Development Plan) for a 665 square foot second dwelling unit at 43961Calle De Valardo (near Jeddidiah Smith and Calle De Valardo). The applicant, Kecia Stewart, submitted an application for the project on September 15, 2003 for the owners, Allen and Ann Pulsipher. A Pre-DRC meeting was held on October 7, 2003 and a DRC meeting was held on October 16, 2003. Shea Homes at Roripaugh Ranch - A application for Product Review for 99 detached single- family residences which will offer 3 floorplans in 3 amhitectural designs. The houses are located in Planning Area 3 along Murrieta Hot Springs Road. Staff met with the applicant on October 16, 2003 t discuss the project. Griffin Communities at Roripaugh Ranch - Application for Product Review of 100 detached single-family residences, which will offer four floor plans in four architectural designs. The houses are located in Planning Area 4A along Murrieta Hot Springs Rd. Staff met with the applicant on July 25, 2003. The applicant submitted revisions on October 6,2003. Staff is currently reviewing the revisions and anticipates a Planning Commission hearing November 19, 2003. Marchand Way Development Inc - A Tentative Tract Map for condominiums (Tract 31344), to subdivide a 3.42-acre pamel into 15 detached condominiums on the southeast corner of Rancho Vista and Ynez Rd. A Director's Hearing was held July 17, 2003 and a letter requesting revisions was sent out July 21,2003. The applicant has resubmitted a Tentative Tract Map for 10 single family residential lots with a minimum lot size of 7,200 square feet on October 13, 2003. Staff is currently reviewing the revised map. An application for a Tentative Tract Map 30990, a request to subdivide 3 existing lots totaling 40,349 square feet into 6 single-family lots, located on the west side of Pujol Street and north of First Street. The application was submitted on May 21, 2003 and a Pre-DRC meeting was scheduled for June 10, 2003. A DRC meeting was held on July 10, 2003. The applicant resubmitted the map on September 19, 2003. Staff has reviewed the revised map and a DRC meeting was held on October 15, 2003. Ham Residence - A request for a Certificate of Compliance for the southern portion of lot 7 of TM 8211 located on Santiago Road east of Ynez Road, submitted by Tracy Ham. The application was submitted on February 12, 2003. A Development Review Committee was held March 13, 2003. A second DRC meeting was held on April 13, 2003. Staff is awaiting revised R:~vl ONTH LY.R PT~2003\09-2003 Report.doc 6 exhibits for the project. Staff has sent out a 30-day letter requesting revised exhibits. The resubmitted on September 11, 2003. Staff reviewed the resubmittal and provided written comments on October 7, 2003. Harveston Tentative Tract Map No. 31267 - Residential Tract Map application to subdivide 5.6 acres into 62 single-family residential lots, 3 private driveway lots and 8 open space lots. The site is located on the south side of Harveston Drive east of Lake View Road. The application was submitted on April 23, 2003. A DRC meeting was held May 22, 2003. A letter was mailed out to the applicant on June 23, 2003, requesting revised exhibits. Revised exhibits were submitted on July 31, 2003. Staff met with the applicants on September 10th to discuss concerns and staff is reconsidering some of its prior comments. Naron Pacific Tentative Tract Map 30434 - A proposal for a zone change from L-1 to L-2 on 31.93 acres and Tentative Tract Map to create 30 residential lots and 4 open space lots in the Chaparral area. The applicant has provided all materials, but is now proposing a PDO for the project. The CAC needs to make a recommendation on policy for the Chaparral Area prior to further action being taken on these applications. An application for a PDO has not yet been submitted. Tierra Vista Condominiums - An Administrative Development Plan to construct 23 residential condominiums on 1.5 acres. The subject property is located on the northwest corner of Tierra vista Road and Ynez Road. The application was submitted on September 30th. A DRC meeting will be held on October 30th 2003. Quiet Meadows - A proposal to subdivide 4.57 acres into 7 residential lots with one open space lot; and a proposal to change the zoning designation from L-1 to L-2. This project was submitted on July 11, 2002. The project was deemed incomplete on August 9, 2002 and December 4, 2002. Revised plans were submitted on February 3, 2003 and routed to all departments for conditions of approval An Environmental Assessment has been completed. Based on the EA, no significant impacts have been identified. On August 12, 2003, the City Council referred the Zone Change request to the General Plan CAC for an advisory recommendation, and denied the tract map application without prejudice. Avondale Homes - A request to develop 130 detached single-family residential homes with four different plans with three architectural designs in tract VTM 26828 located on the northwest corner of Rita Way and Seraphina Road (north of Nicolas Road off of Joseph Road). Thomas Houska on behalf of Richmond America submitted this project on September 2, 2003. A DRC comment letter was sent to the applicant October 2, 2003. Staff met with the applicant October 9, 2003, and is awaiting revised plans. The Reserve @ Crowne Hill - A request to develop 28 semi-custom detached single-family residential homes with three different plans with eight amhitectural designs in VTM 26941 located east of Crowne Hill Drive south of Pauba Road and north of Old Kent Road. Scott Woodward on behalf of Craftsmen Homes submitted this project on September 18, 2003. A DRC comment letter was sent to the applicant October 13, 2003. Staff is awaiting revised plans. Miscellaneous AT&T and Verizon Wireless - A Conditional Use Permit/Development Plan to construct, operate and establish an unmanned wireless communication facility consisting of up to 42' high "popsicle sticks" and a 8'x12' equipment area, located at the Rancho California Water District Water R:'~vl O NTH LY. R PT~?.003~ 9 -2003 Report.doc 7 Reservoir Complex, east of Meadow Parkway. Staff has received phone calls from the surrounding residents expressing concerns about this proposal. The project was scheduled for the October 15, 2003 Planning Commission Hearing with a denial recommendation, however, the meeting was canceled and the project will be renoticed for the November 19, 2003 Planning Commission Hearing. Safe Harbor Fellowship - A Minor Conditional Use Permit to operate a church in an existing industrial building located at 42327 Rio Nedo. Staff sent a letter outlining the various issues on July 15, 2003 and July 30, 2003. On October 13, 2003 the applicant submitted a letter indicating construction type and rating. Staff is currently reviewing this project. Cingular Wireless - A Conditional Use Permit to construct, operate, establish and maintain a wireless telecommunications facility with 3 antennas housed within the bulb portion of the proposed 55-foot artificial mono-palm tree located at 31575 Enfield Lane, east of Riverton Lane and north of Humboldt Court. The project was deemed incomplete in February 5, 2003. An Environmental Assessment is required per CEQA. Staff requested additional studies in order to complete the assessment and is completing an Initial Study. Staff has received revised plans that have been determined to be an acceptable design and is preparing a staff report and conditions of approval. Meadowview Golf Course - Conditional Use Permit and Development Plan to design and construct a public golf course and driving range within the Meadowview Community. The Focused EIR requires modification. The applicant has retained a new environmental consultant to complete the modifications. The submittal of the draft EIR by the applicant has been delayed due to biological study issues. It is now anticipated that the Draft EIR will be submitted to staff in mid to late October 2003. Roripaugh Ranch Private Recreation Facility - Located in planning area 5 of the Roripaugh Specific Plan, this recreation center includes an 8,000 square foot building, pool, spa, tennis courts and other noted facilities was submitted on February 13, 2003. The project was scheduled for DRC on September 18, 2003 and staff is waiting resubmittal of plans. Verizon Mono-Palm Wireless Antenna - A Conditional Use Permit to construct, operate, establish and maintain a wireless telecommunications facility with 3 antennas housed within the palm fronds of the proposed 40-foot artificial palm tree. The site is located on the east side of Margarita Road just north of the Santa Gertrudis Creek Channel north of Winchester Road on the Rancho California Water District's well site. Verizon has changed processing agents and is working on the design of an alternative location. Verizon has changed their consultant for the third time, which has resulted in significant delays in the project. Wireless Telecommunication - A Conditional Use Permit for a 60-foot high monopine within the Rancho California Water District Headquarters facility. Staff has informed the applicant that the proposed monopine is not an acceptable design for the area. The applicant indicated alternative sites will not be feasible. Staff will be scheduling this project for Planning Commission in December. Sprint PCS Wireless Telecommunication Facility - A Conditional Use Permit for a 70-foot high flagpole at the Carl's Jr. located at the corner of Bedford Court and SR79 South. A letter was sent to the applicant on August 4, 2003 informing the applicant that the proposed 70-foot high flagpole is not likely to be an acceptable height. Staff met the applicant at the project location to R:~vlONTHLY. RPT~2003~9-2003 Report.doc 8 review potential height and visibility solutions and is currently waiting for plans to be revised and resubmitted. General Telephone Company- A request for a Substantial Conformance determination for the relocation of rooftop air conditioning units to the ground behind the Verizon equipment building located at 41963 Moreno Road, south of Rancho California Road between Front Street and Interstate 15. Since the rooftop ducting would remain, the proposed project includes the addition of screening for the rooftop equipment. The application was received on July 22, 2003. On August 8, 2003 a letter was sent to the applicant rejecting their proposed metal screening of air conditioning ducting and advising of City policy for screening via parapets. The applicant submitted revised screening material on September 10, 2003. The type of material appears acceptable to staff, but the applicant must demonstrate that an appropriate finish and color will be used and that the screening will be properly located. Staff is currently awaiting submittal of new screening materials and plans for screening location. Nextel Wireless - A Minor cup to consist of 12 fa(;ade mounted panel antennas on 2 sides of an existing Industrial building and equipment. Pre-fab building to house the electronic equipment located at 42380 Zero Drive (APN 909-360-026). The application was submitted on August 28, 2003. Staff has discovered unpermitted structures on site. The applicant is currently revision his plans and application to include the unpermitted structures as well as relocating the proposed equipment storage building. Calvary Baptist Church Addition - A Conditional Use Permit to construct the proposed expansion of the existing church facility with a 12,610 square foot addition. This addition involves the expansion of the vestibule & sanctuary, the addition of new classrooms, restrooms, a kitchen, and multi-purpose room. The site is located at 31087 Nicolas Road at Calle Colibri off of Nicholas Road. A second DRC was held September 18, 2003. Staff is awaiting resubmittal. Small Business Assistance Mad Madeline's: New signs and exterior paint were approved for this Old Town restaurant at the August meeting of the Old Town Local Review Board. When staff receives needed information from the applicant, an application for funding under the Facade Improvement Program will be submitted to the Redevelopment Department. The Sagebrush Center: The sign program for this commercial complex has been delayed due to the addition of new tenants. Preliminary designs are currently under development and are to be submitted to staff for review in October. La Tacqueria: Staff is working with the owners of this Old Town business on a revised plan for an exterior fa(;:ade improvement that includes new awnings, paint and signs. A proposal from the contractor is to be submitted to the Old Town Local Review Board in October. Temecula Olive Oil Company: With the assistance of staff, new sign designs are being developed for this business that relocated in the Old Town Tourist Retail Core area. The sign contractor is working on new elevations that will be submitted to staff in October. R:'~vlONTHLY. RPT~2.003~9-2003 Report.doc 9 Special Event Permits Temecula Fall Car Show: This event took place in Old Town Temecula on October 10th and 11 th, 2003. An organizational meeting was held with City staff in August and the applicant has submitted a Special Event Permit for road closures to the Public Works Department. Race for the Cure: City staff worked with the Susan G. Komen Breast Cancer Foundation representatives to help organize this event that took place on October 19, 2003 at the Promenade Mall. Special Projects & Lon.q Range Planning Activities The Division also 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 are as follows: Comprehensive General Plan Update -The Community Advisory Committee and Staff have completed their review of all the Draft Element except circulation. The consultant is waiting for the county to complete the process of integrating its Land Use, Circulation and Open Space plans. The following amendment requests have been received; theywill be addressed in more detail when the updated General Plan is considered. o A request to reduce the size of Via Industrial (Western Bypass Corridor) north of Avenida Alvarado has been submitted and has been on hold pending the approval of a revised Circulation Element. o South Margarita Road adjacent to the Santa Gertrudis channel, across the channel from Chaparral High School. The property owner is requesting a change from Public Institutional to Professional Office. o The southeast corner of Via Lobo and Nicolas Road, and properties along the northeast edge of Meadowview. The property owner is requesting a change from Very Low Density Residential to a combination of Low Medium Density Residential and Open Space. o The southeast corner of Margarita Road and Solana Way. The property owner is requesting a change from Medium Residential to Professional Office. o Review / Update policies for the "Chaparral Area," including lot size development criteria net densities and new name. Hillside Development Policy - The policies are being examined for integration into the draft- grading ordinance. Staff is working with GIS to analyze topography, soil types, environmental (habitat), and other constraints. Procedures to Implement CEQA - Staff initiated project to develop local guidelines and procedure manual for processing CEQA documents, including the adoption of local exemptions. The process will also conform to the new 2003 CEQA Guidelines, and will create new templates for standard CEQA forms. Surface Mining Ordinance - The staff and City Attorney had been making final changes based upon feedback from the State prior to submitting this item to the Council for their consideration. This item is on hold pending additional staff resources. R:'~vlONTH LY.R PT~2003\09-2003 Report.doc 10 Traditional Neighborhood Development Ordinance - Final changes are being made prior to scheduling this item for a Planning Commission workshop. This item is on hold pending additional staff resources. Updating of the Old Town Specific Plan - Staff has worked with the Old Town Local Review Board and prepared a list of changes and enhancements to the plan. A draft of the revised Specific Plan has been sent to the City Attorney for review while new pictures are being included in the documents. Staff has developed a draft ordinance to codify use restrictions and supplemental standards for "Cyber Cafes." Staff has not received comments from City Attorney and this item has not yet been scheduled for public hearing. City - Project environmental reviews and permitting: o Overland Drive Extension - Staff reviewed 2nd submittal of the draft initial study / Mitigated Negative Declaration and has provided comments to Public Works. No resubmittal to date. o Old Town Southern Gateway Landscaping Project - Request from Public Works for Environmental Determination for this project. Previously prepared Negative Declaration may need to be modified because the project description has changed. Revised project description has not been submitted to Planning. o Paloma del Sol Supplemental EIR and Specific Plan Amendment 8.1. Amendment 8.1 has been revised and distributed for comments, which are due on August 22, 2003. Draft SEIR is scheduled to be submitted in September 2003. o Temecula Education Complex - The applicant has revised the Initial Study, which recommends that a focused EIR be prepared. Staff has provided comments to the consultant on the initial screen check submittal and is working for the consultant to re-submit a corrected draft. o Winchester Road Widening Project - Request from Public Works for Environmental Determination to widen Winchester Road west of Jefferson. Staff is examining the impact of removing landscaping along both sides of Winchester Road between Jefferson and Enterprise Cimle. Staff has received additional information from Public Works and has completed an Initial Study. Staff recommends a Negative Declaration be adopted. Public Works intends to take to City Council in early 2004. o Vail Ranch Elementary School Basketball Court Lighting Project- Staff has completed the Negative Declaration for this project and is preparing appropriate NEPA documents. This project is tentatively scheduled for City Council in early December 2003.. Update of the Citywide Design Guidelines - The City Council awarded the contract on May 13, 2003. Staff and the Planning Commissions subcommittee & met on July 7, with city consultant. A Planning Commission workshop has been scheduled for September 3, 2003, to obtain the Planning Commission's input. General Plan Amendments PA02-0260 Valley Christian Fellowship -The Community Advisory Committee has reviewed the General Plan issues in the surrounding areas. Their recommendation was forwarded to City Council on June 24, 2003. The City Council directed staff to prepare a city initiated General Plan Amendment and Zone Change and a forwarded a recommendation to the Planning R:'W/ONTHLY.R PT~2.003\09-2003 Report.doc 11 Commission. Staff is currently developing a Planned Development Overlay to address future development in this area. R:'~IONTH LY.R PT~.003\09-2003 Report.doc 12 TO: FROM: DATE: SUBJECT: APPROVAL CITY MANAGER ~.~ /c~t -- CITY OF TEMECULA AGENDA REPORT City Manager/City Council Jim O'Grady, Assistant City Manage~j~ October 28, 2003 Economic Development Monthly Departmental Report Prepared by: Gloria Wolnick, Marketing Coordinator The following are the recent highlights for the Economic Development Department for the month of September 2003. ECONOMIC DEVELOPMENT Leads & Inquiries In the month of September, the City received 2 leads. Staff met with representatives of a major hospitality chain on September 2nd and discussed their plans for a hotel in Temecula. Staff provided planning and marketing information. On September 5th, staff met with Michelle Tells regarding a potential upscale children's retail store in Temecula. Staff provided her with possible locations, zoning map and business information. At the September 23rd Council meeting, the Temecula Redevelopment Agency approved a two- year lease agreement with KIA auto dealership for Agency property located at 27500 Jefferson Avenue. KIA is relocating from the Murrieta Auto Mall. Business Retention As part of the EDC of Southwest Riverside County Business Relations Committee, staff attended a site visit on September 25th, with James Buxton of Milgard Windows. Media/Outreach Materials Staff wrote the City article for the October Chamber of Commerce Newsletter titled, "Meet Your Building Department." The article provided an overview of the Building Department, their philosophy and function. Chaparral High School students produced a new cable access program called "Paws for Temecula". Staff provides the students with suggested topics and information for their show, which includes local special events, attractions - Farmers Market, Old Town, public safety tips, Capital improvement Projects. The end of the show includes School Board updates. The cable show airs on Thursdays from 6:30 p.m. - 7:00 p.m. Each show will air for two weeks in a row. The last show featured a few of the wineries and their special events. Special Events/Groundbreakin.q Ceremony The City of Temecula sponsored the first annual Professional Women's Roundtable Conference, which was held on September 26th at Pechanga Resort & Casino. The City had an exhibit booth and distributed business and tour[sm literature. The City of Temecula presented beautiful gift baskets filled with Temecula items to keynote speakers: Erin Brockovich and Lynn Brewer. The Balloon & Wine Festival donated a beautiful tapestry. The event was a success and it attracted approximately 500 professional women. Mayor Stone provided a welcome during the lunch program. Mayor Stone and staff attended the Groundbreaking Ceremony commemorating the first phase of the expansion of the Southwest Healthcare System at Rancho Springs Medical Center Hospital Services on September 19th. Meetin.qs Representatives of the Temecula Valley Film Council and staff met on September 3r~ to discuss the direction and operations of the organization. The Film Council will provide the City with its Business Plan in September. Staff attended the Partners in Education Committee Meeting on September 8th. The committee re-elected all officers for the 2003-04 year - Jimmy Moore, Chairman; Nonie McClain, Vice Chairman; and Dayne Wagoner, Secretary. The Business Survey results were reviewed (2,000 surveys sent out and 34 were received back). The survey will be re-sent at another time with follow-up. The Uniform Complaint Procedure was explained. The Carl Perkins Grant was discussed and the committee will provide input and approve the site requests for money to spend on career technical education. Staff attended the Economic Development Corporation of Southwest Riverside County Business Relations Meeting on September 4th. Jim O'Grady followed-up with Bianchi International regarding sidewalk issues. Harry Shank met with ProCraft Overhead Doors. The company has been in business park development for 17 years and wants to focus more on commercial development. Their major issue is traffic and reported that their workers comp is up 230% and general liability up 400%. The committee reviewed the revised EDC business survey questionnaire. Staff met with Bonnie Wright of Congresswoman Bono's Office regarding the Temecula Higher Education Center. Their office is supportive of the project and interested in possibly providing assistance on this development. Staff attended the EDC Government Action Committee Meeting on September 16th. Handouts were distributed that addressed pending legislation on small businesses, unemployment insurance insolvency and various employee/human resource issues. Committee members discussed the EDC draft questions for the Legislative Summit. On behalf of Guidant, Ken Carlisle thanked City staff for the positive impression Temecula staff provided to Guidant's Board of Directors on such quick notice. The committee discussed hosting a mixer to bring all regional action groups together to discuss their focus and activities. This wou~d be scheduled as a follow-up to the Legislative Summit and prior to the next state legislative session. Staff attended the EDC of Southwest Riverside County Board of Director's Meeting, which was held on September 18th at Banana Boat in Lake Elsinore. Updates were provided on the Legislative Summit and various EDC Committees. The next EDC Quarterly Luncheon will be held on October 23ra with a presentation on the TriTunnel Express, the proposed tunnel to Orange County. Staff reported on the following: environmental impact report on the Higher- Education Center would soon be released for a 45-day period and that Congresswoman Bono indicated her support for the project, Candidate Forum Briefing on October 16 and 21, Council Chambers upgrade, Film Festival was successful and the winning film will be shown at the Rome Film Festival, Fall Rod Run announcement, and the Red Hawk Annexation was proceeding with LAFCO approval expected in early 2004. Staff also reported that the Planning Commission approved 100,000 sq. ft. of development in the Business Park and new projects are taking place in Old Town. Staff attended the 1715 IRP Meeting on Sept. 19 in Escondido. Economic development jobs/housing balance and long-range transportation strategies were discussed. Staff put together a comprehensive packet of information, which provided an overview of the City's marketing activities, for the Candidates Forum, which was held on September 18th. Mayor Stone, Councilmember Naggar and Staff attended the Legislative Summit on September 25th, This event was sponsored by the EDC and the Chamber to focus on legislative issues affecting local businesses. Staff met with Dick Kennedy and Fred Grimes on September 30th to discuss the Temecula auto mall. TOURISM Special Events The City had sent out a Request for Qualifications (RFQ) to eleven event planners and organizations to plan, promote and produce a car event to be held in Old Town Temecula in spring 2004. Interviews were held on September '16th with t~vo of the finalists, P & R Productions and Central Coast Productions, to discuss their qualifications and proposed event further. At the September 23rd City Council meeting, the Council approved the sponsorship of "The Good Old Days Car Show" which will be held in Old Town on February 28 - 29, 2004. Central Coast Productions of Pismo Beach will produce this event, which will replace the Temecula Rod Run. The event will be similar to the Rod Run, which showcases 800 - 900 classic cars, hot rods, and custom cars. Central Coast Productions has strong experience in producing and marketing car shows (Pismo Beach, San Louis Obispo), has strong sponsor ties, good references and has year round staff to handle their events. Medial Outreach Materials Staff updated the City ad which will appear in the Fall Car Show & Old Town Cruise Official Program. Weaver Publications provided the City with a free full-page color ad in the 2004 San Diego Travel Planners Guide (value over $6,300). Circulation is 25,000 annually. The guide is directed to travel agents, wholesalers, and travel trade professionals responsible for booking trips on behalf of their clients. Carol Baker, a travel writer from West Vancouver, Canada, contacted staff for more information on Temecula. After visiting Orange County, she will visit Temecura and tour the area. She will be including Temecula in a feature article for a major Canadian daily. Meetings Staff attended the Chamber Tourism Committee Meeting on September 4th at Roda Viva Restaurant. Antoinette Valdespino, Marketing Director for The Promenade, gave a brief history of the mall and talked about the Farmer's Market and various entertainment at the mall. The Convention & Visitors Bureau mission statement was approved. Tourism destination reports were given. On September 19th, San Diego KGTV 10 News made a presentation to interested businesses interested in a co-op advertising opportunity. Ken Westmyer will be chair of the subcommittee that will focus on ways to gather and analyze tourism data to be used in setting up the Chamber Convention & Visitors Bureau. Staff reported on City marketing activities including Temecula coverage with Fox Sports Net at Pechanga and other shows they produce, City advertising in the 35th San Diegan, Summer/Fall San Diego Convention & Visitors Pocket Guide, and Westways Magazine (over 800 leads from the last issue). City staff & the Arts Council provided information to Lifescapes Magazine for an article and ad in their August/September issue. Staff met with the Real Estate Network. They are using footage from the Temecula CD in their residential cable show, which is shown throughout Riverside County and plans to expand to Orange County. Staff is working with a travel writer from Vancouver, Canada on a feature travel article for a major Canadian daily. On September 9th, staff met with Aaron Popejoy of the Conveyor Group, a graphic design firm, to learn more about the firm's services. The Conveyor Group provides graphic and website services to the Balloon & Wine Festival Association. Staff met with Tanya McFarland on September t0th regarding a tourism business that she is hoping to start-up. Staff provided business information and contacts to Tanya to review and follow-up with. On September 16th, staff attended the Inland Empire Tourism Council Board Meeting. Discussion of the direction of the organization, membership, budget, and marketing plan were discussed. Staff provided Southwest Airlines Marketing Division with information on Temecula and helped make arrangements for their local district meeting, which was held at Temecula Creek Inn in September. Staff arranged a meeting with John Coelho of Southwest Airlines, the Economic Alliance and Cutting Edge Marketing to discuss a branding campaign tie-in. On September 24th, staff met with Central Coast Productions to discuss event venues, layout, insurance, etc. for the 2004 Good Old Days Car Show in Old Town. ATTACHMENTS Temecula Valley Chamber of Commerce Activities Report Economic Development Corporation of Southwest Riverside County Activities Report Southwest Riverside County Economic Alliance Activities Report Temecula Valley Film Council Activities Report TEMECULA VALLEY CHAMBER OF COMMERCE October 7, 2003 Shawn Nelson, City Manager City of Temecula 43200 Business Park Drive Temecula, CA 92590 Dear Shawn, Attached please find the September Monthly Activity Repod as per our contract with the City of Temecula. This is the month of September at a glance: Business Inquiry Highlights: In the month of September, 7 businesses requested information on starting or relocating their business to Temecula. They received a business packet, which includes a copy of the City of Temecula demographics, relocation, housing, rentals, maps, organizations, etc. Board of Directors Highlights: Nominations for Citizen, Businesses and Non-Profit Organization of the Year are currently being sought. Recipients will be recognized at the annual Installation Banquet. SCORE (Service Corp of Retired Executives) representatives will begin offering free counseling to new and small businesses at the Chamber office twice per month. Committee Highlights: Tourism & Visitors Council: The October Tourism Council meeting will be held at Churon Inn & Winery on October 2, 2003. At this meeting we will be focusing on getting highly involved with the California Travel & Tourism Commission (CTTC). Due to the fact the California State budget has cut tourism completely the CTTC has to take the lead on promoting California's tourism. At this time they are offering 6 different marketing programs to get involved with. The Convention & Visitors Bureau Subcommittee is focusing on collecting data on key groupings of Temecula tourism based businesses. A Tourism Demographic Report will be ready for review on February 1,2004. Filming for the Best of California Golf Series by Black Diamond Productions will be on October 29th through the 31't. The filming will include 5 of Temecula's golf course and 7 other tourism based businesses. The series will begin airing on the Golf Channel, United Airlines and other domestic and international channels in February 2004. · Business Resource Guide & Membership Directory: Updates for the 2004 guide are nearly completed and the new Directory will be available in January of 2004. Education Committee: The committee will offer the first Stand Up performance at Temecula Valley High School on November 13, 2003; and the second at Chaparral High School during the month of December. The Career Education Video Committee in conjunction with the Temecula Partners In Education will begin meeting to coordinate the 2003-2004 videos. 26790 Ynez Courf · Temecuia, CA 92591 Phone: (909) 676-509~ · Fax: (909) 694-0201 www.temecula,org · e-mail: info@temecuJa,org Ways & Means Committee: The 12th Annual Monte Carlo Extravaganza took place September 17th at Wilson Creek Winery. With over 400 people in attendance the event was a great success! The evening included cash prize giveaways sponsored by Toyota of Temecula Valley which were awarded to two lucky winners! The committee also held a Legislative Summit at Pachanga Resort & Casino on September 25th. The event featured four breakout sessions on important business topics such as workers' compensation, budget, education and utilities/transportation. The speakers for the breakout sessions were: Senator Battin, Senator Ducheny, Senator Hollingsworth, Assemblymember Bogh, Assemblymember Kehoe, Assemblymember Benoit, Assemblymember Richman, and Assemblymember Haynes. The event also featured two keynote speakers: Fred L. Main, Sr. Vice President and General Counsel of the California Chamber of Commerce and Jack Stewart, President of the California Manufacturers & Technology Association.., The 12th Annual Autumn Fast Business Showcase will be held on October 15~h at The Promenade In Temecula from 4:00-8:00pm. The event's Title Sponsor is Community Little Book. USA Federal Credit Union has agreed to be the Affiliate Sponsor and The Promenade In Temecula has agreed to be the Facility Sponsor. The event is free to the public and will feature over 90 exhibitors. Local Business Promotions Committee: The sponsor for the November Shop Temecula First Campaign is Callaway Coastal and The Press-Enterprise. We currently have 85 participants for the fall campaign. The Committee is working on the finishing touches for the Business Resource DVD titled, Succeeding in Temecula. The DVD features business owners and executives in the area as well as business guidance from Allen Jaszcar of the Inland Empire Small Business Development Center. Excerpts from the DVD were recently shown at the Temecula Valley Chamber of Commerce Board of Directors meeting where it received an excellent review. A master copy wilt be completed by October 15th for viewing at the Business Showcase. The Businesses of the Month for October selected by the Local Business Promotions committee are Eagle's Mark Inc. and Trebulent. Renaissance Ventures was awarded the Chamber Spotlight, and HomeTown Buffet is the Mystery Shopper winner for the month of October. Government Action Committee: The TVCC staff is organizing a City Council Candidates Forum scheduled for Tuesday, October 21, 2003 at City Hall. Staff met with Finance Department representatives from both Murrieta and Temecula to discuss strategies following the passing of AB1221 (Sales Tax Reallocation). This item will be discussed fudher at the October Government Action Committee meeting. Membership Committee: A very successful Monte Carlo Extravaganza was held at Wilson Creek Winery and took the place of the regular mixer for the month of September. Member information verification forms were mailed to all TVCC members to update with any changes for the new 2004 directory. Ambassadors and staff attended eight ribbon cuttings, which will be posted in the monthly newsletter Temecula Today. There were 46 new members registered for the month of September. · Tourism Highlights (Bulk brochure distributors) Activity Report: · 153 visitors requests were processed from the City of Temecula's Westway's advertising marketing piece. · 10 Winery Brochures and 20 Tourism Maps to Maynard Smith with Beazer Homes for people relocating to the area. · 40 Visitor Guides, 40 Winery Brochures, 40 City Maps and 40 Tourism Maps to Marie Mahon with Guidant to distribute to people visiting the area. · 25 Visitor Guides, 25 Winery Brochures and 25 Tourism Maps to Heidi Leafstedt with Heration Software for distribution to out of town guests. · 40 Visitor Guides, 40 Winery Brochures and 40 Tourism Maps to Christine Pettit with Roadtrek international for an RV Rally · 100 Visitor Guides, 100 Winery Brochures and 100 Tourism Maps to Dr. Richard Thompson with the University of California Riverside to be distributed to people visiting the area. · 10 Visitor Guides, 10 Winery Brochures and 10 Tourism Maps to Jill Brasga with Dutchstone Homes for distribution to people relocating to the area. · 210 Visitor Guides to Susan Commarota with the City of Temecula to be distributed at a City Women's Convention. Activity Report: Tourism calls for the month of September - 2,030 Phone calls for the month of September - 3,431 Walk-ins for the month of September - 2,266 Web Page User Sessions for the month of September- 6,208 Website Tourism Survey - "How did you hear about Temecula" - 261 responses were received: Article - 1% · Friend - 34% · Link - 6% Magazine - 1% · Other - 40% · Radio - 2% · Search-Il% · TV - 5% Also, attached are the meeting minutes for the Tourism and Visitors Council, Education, Local Business Promotions, Government Action, Membership and Marketing and Ways & Means committee. If you have any questions regarding this information, please call me at (909) 676-5090. Thank you. Sincerely, Presiden~CEO cc: Mayor Jeff Stone Councilman Jeff Comerchem Councilman Sam Pratt Jim O'Grady, Assistant City Manager Gloria Wolnick, Marketing Coordinator Mayor Pro Tern Mike Naggar Councilman Ron Roberts Shawn Nelson, City Manager Gary Thornhill, Deputy City Manager TVCC Board of Directors Annual Volume Comparisons Chamber September 2002 Chamber September 2003 Percentage PHONE CALLS TOURISM Tourism Referrals 243 278 14% Calendar of Events 119 150 26% Special Events 173 228 32% General Information 1,112 1,374 24% TOTAL TOURISM CALLS 1,647 2,030 23% Relocation 144 195 35% Demographics 79 155 96% Chamber 972 915 -6% Miscellaneous 191 136 -29% TOTAL PHONE CALLS 3,033 3,431 13% WALK-INS Tourism 157 194 24% Calendar of Events 99 166 68% Special Events 78 125 60% General Information 674 834 24% Relocation 156 196 26% Demographics 78 150 92% Chamber 648 491 -24% Miscellaneous 188 110 -41% Visitor Center Walk-Ins 257 150 -42% TOTAL WALK-INS 2,335 2,416 3% MAILINGS Tourism 99 312 215% Relocation 87 87 0% Demographics 77 87 13% TOTAL MAILINGS 263 486 85% E-MAIL Tourism 49 111 127% Relocation 47 104 121% Miscellaneous 159 434 173% TOTAL E-MAIL 255 649 155% 2,669 6,208 WEBSITE USER SESSIONS * Chamber referrals reflect faxes, walk-ins and phone calls 133% Temecula Valley Chamber of Commerce Monthly Activity Report September 2003 PHONE CALLS TOURISM Tourism Referrals Calendar of Events Special Events General Information TOTAL TOURISM CALLS Relocation Demographics Chamber Miscellaneous TOTAL PHONE CALLS WALK-INS Tourism Calendar of Events Special Events General Information Relocation Demographics Chamber Miscellaneous TOTAL WALK-INS MAILINGS Tourism Relocation Demographics TOTAL MAILINGS E-MAIL Tourism Relocation Miscellaneous TOTAL E-MAIL WEB PAGE USER SESSIONS GRAND TOTALS PHONE CALLS WALK-INS MAILINGS E-MAIL WEB PAGE USER SESSIONS Chamber Vis. Center Year-To-Date This Month This Month Total 278 150 228 1,374 2,030 195 155 915 136 3,431 194 166 125 834 196 150 491 110 2,266 312 87 87 486 111 104 434 649 6,208 8O 70 150 This Month 3,431 2,266 486 649 6,208 2,333 1,231 1,456 11,108 16,128 1,614 1,092 7,756 2,233 28,823 3,010 1,179 739 8,736 1,486 1,016 4,323 2,099 22,588 3,659 883 786 5,328 925 868 2,543 4,336 34,424 Year-To-Date 28,823 22,588 · 5,328 ' 4,336 34,424 October 10, 2003 City of Temecula PO Box 9033 Temecula, CA 92589-9033 RE: Activity SummaBt - September 2003 Business and Workforce Development Staff responded to the following 3 businesses and workforce development requests in September 2003: Date Lead Source Request Action Taken 9/03/03 Email Client seeking 4,000 sf of retail Referred client to several commercial brokers for rates and requested a current averageand to cities of Lake Elsinore, Murrieta, and Temecula lease rate for re~ion~ for retail location needs. 9/16/03 Email Client seeking lists of companies Referred client to city/county/chamber depamncnts that in Riverside and San Bern might sell business lists. Counties for marketing profiles. 9/17/03 Email Client requested information onProvided client with web site and contact information at where to file a Fictitious Business Riverside County Clerk's Office. Also provided contact Name Statement. for City of Lake Elsinore - Business License Dept. Community Outreach Staff and/or directors attended the following meetings/events to promote or support economic development/community outreach: · Murrieta-Temecula Group Meeting (9/5) · United Way 2003 Paeesetters Campaign Kickoff (9/5) · United Way 2003 Campaign Cabinet Meeting (9/8) · TVCC Partnership in Education Committee Meeting (9/8) · TVCC Legislative Summit Planning Committee Meeting (9/16) · Rancho Springs Groundbreaking Ceremony (9/19) · MVHS Career Development Advisory Meeting (9/23) · Workforce Development Center All-Staff Meeting (9/23) - Monthly WDC partner meeting. · TVCC Legislative Summit (9/25) · State of the Inland Empire (9/26) Business Retention Business Relations Committee Meeting (9/4) - See attached meeting minutes for discussion topics. EDC Board of Directors Activity Summary - September 2003 Page 2 of 2 Administration/Organization · EDC Transportation and Infrastructure Committee Meeting (9/11) - See attached meeting minutes for discussion topics. · EDC Education Committee Meeting (9/12) - See attached meeting minutes for discussion topics. · EDC Government Action Committee Meeting (9/16) - See attached meeting minutes for discussion topics. · EDC Board of Directors Meeting (9/18) - See attached meeting minutes for discussion topics. · Administration - Staff managed the daily operations of the EDC office; coordinated 5 monthly EDC committee meetings; managed EDC website updates; and distributed the following business development/community announcements: ~ LEVCC EDC September Luncheon & Business Program ~ 5th Annual Bourns College of Engineering - Industry Day & Research Review } RCIP Final Public Hearing } 2003 Legislative Summit } Riverside County Manufacturing Industry Council Quarterly Meeting "Growing Our Own - Developing the Talent of Our Future Employees" } Mandatory Health Insurance - SB 2 } Temecula Planning Commission Meeting )~ The Gas Company's Energy Resource Center Workshop "Advanced Moisture, Mold and the Building Envelope Workshop" This concludes the activity summary for September 2003. Should you have questions or need further detail, please call me at 600-6064. Respectfully, Diane Sessions Executive Director DRAFT ECONOMIC DEVELOPMENT CORPORATION OF SOUTHV~EST RIVERSIDE COUNTY BOARD OF DIRECTORS GENERAL MEETING MINUTES Thursday, September 18, 2003 - 8:00 a.m. Banana Boat 530 Central Avenue, Lake Elsinore, CA 92530 DRAFT BOARD MEMBERS Marlene Best, City of Lake Elsinore Ken Carlisle, Guidant Corporation Scott Crane, Southwest Healthcare System Maryann Edwards, Temecula Valley Unified School Dist. Stevie Field, SWRC Economic Alliance Dennis Frank, UCR Extension Kimberly Frieze-Uhler, Rancho Physical Therapy Start Hatter, Mirau, Edwards, Cannon, Harter & Lewin Scott Hurst, ProjectDesign Consultants Jim O'Grady, City of Temecula Al Sabsevitz, Verizon Roger Ziemer, Southern California Gas Company EDC STAFF Diane Sessions Liz Yuzer MEMBERS AND GUESTS Aaron Adams, City of Temecula Rene Manley, Keeton Construction CALL TO ORDER · Board President Dennis Frank called the meeting to order at 8:10 a.m. Motion was made by Maryann Edwards, seconded by Al Sabsevitz and carried unanimously to approve the agenda as presented. MINUTES · The Board reviewed the minutes of the August 21, 2003 Board of Directors Meeting. Motion was made by Scott Crane, seconded by Maryann Edwards and carded unanimously to approve the minutes of the August 21, 2003 Board of Directors Meeting as presented. FINANCIAL REPORT · Amend Operating Budget: Diane Sessions recommended the Board amend the 2003-2004 Operating Budget in revenue line item "County Participation" from $15,900 to $12,000 and in expense line item "Rent" for the same amount. The amendment was due to a recalculation of the CPI increase in rent. Motion was made by Maryann Edwards, seconded by Ken Carlisle and carried unanimously to amend the 2003-2004 Operating Budget fi-om $15,900 to $12,000 in both Revenue and Operating Expense line items. · August 31, 2003 Financial Report: The Board reviewed the August 31, 2003 Financial Report that showed total monthly revenues of $2,741, total expenses of $7,623 and total cash-in-bank of $70,687. Motion was made by Al Sabsevitz, seconded by Maryann Edwards and carried unanimously to approve the August 31, 2003 Financial Report as presented. August 28, 2003 Quarterly Luncheon Reconciliation Report: Diane Sessions presented the August 28, 2003 Quarterly Luncheon Reconciliation Report which showed total revenues over expenses of $368.95. Ms. Sessions thanked Temecula Valley Bank and Turnkey for their sponsorships. Dennis Frank reported that letters of support for the proposed Higher-Education Center were sent to the cities of Murrieta, Lake El sinore and Temecula on behalf of the EDC Board of Directors. Exhibit 3.0 Economic Development Corporation of Southwest Riverside County Board of Directors Meeting -September 18, 2003 Minutes - Page 2 of 3 He further reported the City of Murdeta requested additional studies that would address possible traffic issues and the proposed building design. NEW BUSINESS · Diane Sessions reported the next Quarterly Luncheon would be held October 23 with a presentation on the TriTunnel Express, the proposed tunnel to Orange County. The speaker for the luncheon would be Bill Vardoulis of BV Engineering. CONTINUING BUSINESS · Legislative Summit Update: Dennis Frank reported that plans were being finalized for the Legislative Summit scheduled for September 25. The number of participants was not as high as projected and board members were encouraged to register. · EDC Committee Updates: Business Relations Committee: Stan Hatter reported the survey used in business retention calls was revised. He also distributed the 2002-2003 Business Relations Committee Annual Report. Business Attraction Committee: Stevie Field reported the BAC Committee was working on the branding campaign and a new logo concept that would include geographic identity. Dennis Frank suggested the Committee make a presentation at the October board meeting. Education Action Committee: Maryann Edwards distributed a partial list of the Committees' strategic plan objectives and emphasized their interest in the work of the Partners in Education Program and the Higher-Education Center. She also expressed concern about the expiration of Megan's Law. Government Action Committee: Ken Carlisle reported on the Committee's support of the Legislative Summit and his concern that most of the attendees were from sponsoring organizations. He also indicated the need to outreach to and interact with other government action groups in the region. Permit and Planning Committee: No report available. Transportation & Infrastructure Committee: Diane Sessions reported the Committee submitted draft questions for the Legislative Summit and would next turn their attention to issues at the March Air Cargo Facility. Utilities Updates: Gas: Roger Ziemer reported The Gas Company requested a cost-of-service increase with the Public Utilities Commission due to increases in Worker's Compensation Insurance and costs to raise security levels at their facilities. Telecommunications: Al Sabsevitz announced the Public Utilities Commission would probably not make a decision on the 909 area code split until January 2004. Verizon is also dealing with a backlog of service orders for new service. Water: Dennis Frank thanked Melanie Nieman for hosting the August board meeting at Eastern Municipal Water District and for providing information on the brine line and water delivery in Southwest Riverside County. He suggested that representatives of the Poseidon Group, developers of a desalination water plant in San Diego, be invited to a future board meeting. OPEN DISCUSSION · EDC Administrative Update: The Board reviewed the August 2003 Activity Summa~ submitted by Diane Sessions. Ms. Sessions was congratulated on her 4tLyear anniversary with the EDC. Economic Development Corporation of Southwest Riverside County Board of Directors Meeting- September 18, 2003 Minutes - Page 3 of 3 OPEN DISCUSSION (continued) · Southwest Healthcare System: Scott Crane reported that issues regarding the contract with Blue Shield were resolved and thanked representatives of the Pechanga Tribe for facilitating the negotiations. He also reported that groundbreaking for the 20,000-square-foot administrative services building at Rancho Springs would be held September 19. SWRC Economic Alliance Update: Stevie Field reported that the new Business Resource Guide was being changed to an electronic format; the Alliance CD-ROM was now part of theft website; a new SWRC demographic piece was now available; presentations to brokerage firms outside Southwest Riverside County on the GIS system were being made; and work on the branding campaign continued. · City Updates: City of Lake Elsinore - Marlene Best reported that an additional turn lane would be added at Diamond Drive and Railroad Canyon to relieve backup traffic entering Hwy 15; a council candidate forum was being held this evening; 21 additional buildings were approved in the industrial park; the City Council approved an additional 100,000 square-feet of development near the airport; and the retail project at Central and Collier was moving forward. City ofMurrieta - No report available. City ofTemecula - Jim O'Grady reported the environmental impact report on the Higher-Education Center would be released for a 45-day review period soon and that Congresswoman Bono indicated her support for the project; a council candidate briefing would be held this evening and televised candidate forums were scheduled for October 16 and 21; audiovisual equipment and the electronic voting system in the council chambers were being upgraded; another successful Film Festival was completed with 8,000 in attendance and the winning film being shown at the Rome Film Festival; the annual Rod Run was scheduled for the second weekend in October; annexation of Red Hawk was proceeding with LAFCO approval expected in early 2004; the Planning Commission approved 100,000 square feet of development in the Business Park; and a number of exciting development projects were taking place in Old Town. · Chamber Updates: Lake Elsinore Chamber of Commerce - No report available. Murrieta Chamber of Commerce - No report available. Temecula Valley Chamber of Commerce - No report available. ADJOURNMENT At 9:15 a.m., motion was made by Roger Ziemer, seconded by Stevie Field and carded unanimously to adjourn the board meeting. Respectively submitted by: Elizabeth Yuzer Phil Oberhansley Recording Secretary Board Secrcta~3' ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY EDUCATION COMMITTEE MEETlNG Friday, September 12, 2003 - 10:00 a.m. Mission Oaks National Bank 41530 Enterprise Circle South, Suite 100, Temecula, CA Committee Members Present: Frank Casciari, California Bank & Trust Maryann Edwards, Temecula Valley Unified School District Dennis Frank, UC Riverside Extension Diane Sessions, Economic Development Corporation Guests: Barbara Muir Murrieta Valley Unified School District Mick Wager Murrieta Valley Unified School District Call To Order Committee Chair Maryann Edwards called the meeting to order at 10:08 a.m. Approve August 8, 2003 Meeting Minutes Motion made by Frank Casciari, seconded by Diane Sessions and carried unanimously to approve the August 8, 2003 meeting minutes as presented. Update on TVCC Legislative Summit The Committee discussed the upcoming Legislative Summit scheduled for September 25, 2003. Diane Sessions explained the purpose of the Legislative Summit to guests and provided an announcement flyer for details. Maryann Edwards recommended the Committee draft questions for the education breakout session. The following draft questions would be emailed to the EDC membership for further input and then submitted to the Legislative Summit Planning Committee: 1. What is the status &funding for vocational education on the state level? 2. Special Education is an unfunded state mandate. Is the state looking at ways to fund the school districts for the very costly special education? 3. Community and state colleges have to turn away students for admissions because there are not enough classrooms and other cost-cutting issues. Does the state have a 3 to 5-year plan for funding of higher education? How can we stop the shifting of federal funds for education fi.om be'rog placed in general funds, which results in tuition increases? 4. a.) Why has the legislature penalized our most highly motivated students by not allowing them to take community college classes concurrently on the high school campus? b) Since this has also destroyed a unique opportunity for schools to develop creative career programs through articulation agreements with the community colleges, what can the legislature do to help us rebuild the bridges we once had with the colleges? 5. Why was funding eliminated for articulated classes? Update on California Quality Education Model Commission Criteria Maryann Edwards explained the CQEMC to guests and what the EDC Education Committee's interests were in the Commission. Mrs. Edwards reported there was no current news of CQEMC's formation and discussion should be tabled for the October meeting. EDC Education Committee Meeting Minutes- September 12, 2003 Page 2 of 3 Discussion on Partnership in Education Model Maryann Edwards provided an overview of the Partnership in Education (PIE) model and its purpose and goals. The Committee reviewed the recently compiled PIE student and business surveys. Survey data provided opportunities for job shadowing, internships and information to develop some career curriculum. Mrs. Edwards reported the PIE concept was highly supported by the TVUSD Board and Superintendent. Career training and class studies were being developed, which would favorably impact students. Mrs. Edwards further reported the Board supported expansion of the PIE concept to other school districts as it related to curriculum development in career studies. The Committee agreed the survey roll-out should be tied to Murrieta Valley Unified School District, Lake Elsinore Unified School District, and higher-education entities. Dennis Frank reported a recent national report ranked Riverside County #4 in job growth of technology disciplines, which should be a critical link to local colleges' and school districts' curriculum. Committee members discussed the proposed higher-education center. Maryann Edwards reported she would provide Ms. Muir and Mr. Wager copies of the site plan, as they were not aware of the project Discussion on Joint Use Agreements Tabled until October 2003 meeting. Review Previous Action Items 1. Diane Sessions to inquire on education/business partnerships or programs with Lake Elsmore Valley and Murrieta Chambers of Commerce (similar to Temecula Chamber's Partnership in Education Committee) 2. Ron Kr~mper to provide list of existing education/business groups affiliated with MSJC. 3. Sonja Wilson to provide list of existing education/business groups affiliated with LEUSD 4. Diane Sessi~ns t~ pr~vide ~ist ~f existing educati~n/business gr~ups affi~iated with MVUSD. 5. Diane Sessions to provide list of existing education/business groups affiliated with TVUSD 6. Diane Sessions to contact Don Barrett to invite to sit on Committee (and to determine his role as legislative liaison for CSUSM). 7. Diane Sessions to contact Sheldon Lisker to determine his role as legislative liaison for UCR 8. D~ane Sessions to contact Linda Wunderlich, Valley Business Journal and local newspapers for press release to advise of Barbara Tooker 's appointment to the State Board of Education. 9. Committee to start recruitment of a local business leader from Southwest Riverside County to sit on the CQEdkI Commission. 10. Committee to strategize a campaign to educate the public on the severity of removing local control from school districts and placing control with multi-level commissions at the State level. Campaign to include placing "heat" on elected officials. 11. Barbara Tooker to obtain criteria information on CQEM Commission. 12. Dr. Giese to contact a Senate chairperson in higher-education to speak at the TI/CC Legislative Summit. 13.Diane Sessions to revise PIE business survey for EDC Education Committee to review. 14. Diane Sessions to email Pam Migliozzi's contact information to DanJelle Clark for a recommended PIRA representative. EDC Education Committee Meeting Minutes - September 12, 2003 Page 3 of 3 New Action Items (September 2003} 1. Add Mick Wager's email address mwager~nvusd edu to EDC database. 2. Barbara Muir to take information on PIE to MVUSD. 3. Ask Jimmy Moore and Dauielle Clark to attend MrVUSD Career Development Advisory Board meeting. 4. Barbara Muir to take information on higher-education center back to MVUSD administration. 5. Invite MVUSD administration to October PIE meeting 6. Add Frank Casciari to PIE Speakers' Bureau contact list Adjourn The meeting adjourned at 11:10 a.m. ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY TRANSPORTATION & INFRASTRUCTURE COMMITTEE MEETING Thursday, September 11, 2003 - 8:00 a.m. Workforce Development Center, Executive Board Room 27447 Enterprise Circle West, Temecula, CA Committee Members Present: Stevie Field, SWRC Economic Alliance Bob Larson, RLL Consulting David Phares, D.L. Phares & Associates Diane Sessions, Economic Development Corporation Sonja Wilson, Lake Elsinore Unified School District Guests: Call To Order Committee Chair David Phares called the meeting to order at 8:15 a.m. and thanked all for attending. Review Meeting Minutes Motion was made by David Phares, seconded by Bob Larson and carded unanimously approve the August 14, 2003 meeting minutes as presented. Discussion on Legislative Summit The Committee discussed the upcoming Legislative Summit scheduled for September 25, 2003. David Phares recommended the Committee draft questions for the transportation/utilities breakout session. The following draft questions would be emailed to the EDC membership for further input and then submitted to the Legislative Summit Planning Committee: 1. What policies/procedures could be changed or implemented to streamline the approval process on highway improvements? 2. What can be done to significantly speed up the process of getting approvals from CalTrans for local transportation projects? 3. How can we protect existing funds (Prop 42) that were originally set aside for road/highway improvements from being diverted into other areas of the state budget? 4. What long-term plans are in process for other water supply projects such as desalination? Are there any grants/federal funds for desalination plants to be built? 5. What is the opinion on the Tri-Tunnel concept that would connect Orange and Riverside Counties with a major arterial highway? What funding is available? 6. What can local groups do to support and participate in economic development statewide? 7. Repeatedly, state legislators have attempted to take local revenues paid by local property owners for local projects such as water infrastructure. What can be done to prevent the state from plundering our local property taxes critically needed for clean, reliable water supplies? Discussion on 1-15 Interregional Partnership · A draft copy of the IRP Economic Development Strategies Report was handed out to the Committee. Stevie Field reported that she would attend the next IRP Technical Working Group (TWG) meeting on Friday, August 19. The IRP update was tabled until September. EDC Transportation and Infrastructure Committee Meeting Minutes - September 11, 2003 Page 2 of 3 Committee Reports · CETAP / RCIP - A CETAP information sheet CETAP was handed out to the Committee. David Phares reported the recent RCIP public hearing held on September 9 was very positive regarding preservation of land for the proposed TriTunnel Express. The County Board of Supervisors would approve the RCIP with the possibility of such a tunnel project. The RCIP was still open for revisions, primarily for transportation and open space issues. Supervisor Jim Venable recommended the formation of a traffic task force that would include representatives from the cities of Lake Elsinore, Murrieta and Temecula. Mr. Phares suggested that Diane Sessions contact Supervisor Venable's office to inquire about the EDC T&I Committee's participation in the task force. · IRP - Report provided above. · French Valley and March Air Cargo Facility - French Valley - Stevie Field reported she would invite Rob Field, Aviation Division Supervisor, Riverside County EDA, to make a presentation on French Valley Airport. March ~4ir Cargo Facility - Stevie Field provided a handout of the Benefits of the U.S. Foreign-Trade Zones Program. Also provided was a copy of a news article from The Press-Enterprise on potential sites for an international airport that included the March Air Cargo Facility. Discussion was held on the positive economic impacts of a foreign trade zone facility at March. David Phares suggested that Phil Rizzo, Executive Director, March Joint Powers Authority (MYPA), be asked to provide an update on their bid for foreign-trade zone status. Stevie Field to follow up on foreign-trade zone status. · RCTC and RTA - The Committee continued discussion from the August committee meeting on public transportation issues such as the low frequency of bus trips and sparse routes within Southwest County. Sonja Wilson reported that a public transportation advocacy group, RTA NOW, was formed some time ago and meets each month on the third Monday at 3:00 p.m. She recommended the EDC T&I Committee form a partnership with RTA NOW. Ms. Wilson further recommended that Larry Rubio, Executive Director, Riverside Transit Authority, be invited to provide an overview of both positive and negative public transportation issues facing RTA. Diane Sessions to follow-up with Sonja Wilson on scheduled NOW meetings and with Larry Rubio on an RTA update. David Phares suggested the Committee learn more about public transportation issues before asking Councilmember Sam Pratt to speak on the matter. Transportation Logistics - No report at this time. Previous Action Items 1. Bob Larson - Follow up on activities of Distribution Management ,4ssociation of Southern California- Inla~ Empire. (carried from May 2003 meeting) 2. Roger Ziemer - Invite Bill Blankenship with the BI~4 to attend committee meetings. (carried from May 2003 meeting) 3. Diane Sessions - Create a roster of various Internet sites relevant to the Committee's focus. (carried from May 2003 meeting) 4. Diane Sessions - Email the Committee and other partners the CET,4P meeting schedule. (carried from June 2003 meeting) EDC Transportation and Infrastructure Committee Meeting Minutes - September 1 I, 2003 Page 3 of 3 5. Diane Sessions - Extend invitation to EDC Board to submit questions for Legislative Summit (carried from August 2003) 6. Diane Sessions - Provide Committee with March JPA meeting schedule (carried from August 2003) 7. Diane Sessions - Contact Phil Rizzo and request a presentation for a future EDC T&I Committee meeting (carried from August 2003) 8. Diane Sessions- Follow up with letter of support for "Tunnel to Orange County" (carried from August 2003) 9. Diane Sessions - Invite Temecula Councilman Sam Pratt to attend a committee meeting (carried from August 2003) New Action Items (September 2003): 1. Diane Sessions - Email draft transportation and infrastructure questions to the EDC membership for further input and then submit to the Legislative Summit Planning Committee 2. Stevie FieM- Provide 1-15 IRP Update at October meeting 3. Diane Sessions Place 1-15 IRP Update on October meeting agenda 4. Diane Sessions - Contact Supervisor Venable's office to inquire about participation on new traffic task force 5. Stevie FieM- Invite Rob FieM to make a presentation on French Valley Airport for October meeting 6. Stevie FieM- Follow up on Foreign-Trade Zone status at March Air Cargo Facility. 7. Diane Sessions - Follow-up with Sonja Wilson on scheduled RTA NOW meetings 8. Diane Sessions - Invite Larry Rubio to attend a committee meeting and provide an RTA update. Next Meeting Date Thursday, October 9, 2003 at 8:00 a.m. in the Workforce Development Center, 27447 Enterprise Circle West, Temecula. Adjourn The meeting adjourned at 9:20 a.m. ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY GOVERNMENT ACTION COMMITTEE MEETING Tuesday, September 16, 2003 - 9:00 a.m. Workforce Development Center 27447 Enterprise Circle West, Temecula, CA Committee Members Present: Jim Cauhape, EDC Volunteer Ken Carlisle, Guidant Corporation G-reg Morrison, Elsinore Valley Municipal Water District Jim O'Grady, City of Temecula Diane Sessions, EDC Call to Order Committee Chair Ken Carlisle called the meeting to order at 9:05 a.m. On behalf of Guidant Corporation, Ken Carlisle thanked Jim O'Grady and expressed appreciation for the positive impression the City of Temecula staff provided to Guidant's Board &Directors on very quick notice. Review of August 19~ 2003 Meeting Minutes Committee members reviewed and accepted the minutes of the August 19, 2003 meeting as presented. Leeislative Summit Undate · Review Legislative Updates - Diane Sessions provided handouts that addressed pending legislation on small businesses, unemployment insurance insolvency and various employee/human resource issues. · Draft Questions for Moderators - Committee members discussed the EDC draft questions for the Legislative Summit as well as additional input from committee members. The Committee recommended the following questions be submitted to the moderators: 1. How is the work of the Industrial Relations Committee going to get done under one Administrative Director and how will it be funded? 2. How will the State of California promote itself now that California Technology, Trade & Commerce has been eliminated? 3. What is the impact on all businesses regarding mandatory health care? 4. What long-term reforms are in place for unemployment insurance and what are the system reforms? 5. What can be done to prevent the state from repeated attempts to take local revenues of water districts that are paid by local property owners for local projects such as water infrastructure needed for clean, reliable water supply? (SB407 has been deferred as of this week, but will return in the next session.) 6. Lori Moss brought forward a request fi'om Murdeta governing bodies as to what can be done to significantly speed up the approval process of CalTrans for local transportation projects? EDC Government Action Committee Meeting Minutes - September 16, 2003 Page 2 of 2 Additional information was requested on proposed legislation regarding pending health care and unemployment insurance regulation. It was requested that all committee members provide any additional questions or discussion for the break-out sessions to the EDC by close of business, Tuesday, September 16. Regional GAC Mixer Ken Carlisle proposed the EDC Government Action Committee host a "mixer" to bring all regional action groups together to discuss their focus and activities. He further suggested the meeting could take place in early November. Greg Morrison reported that he would introduce the idea to Alice Sullivan, Temecula Valley Chamber of Commerce. He suggested TVCC could send out a letter to the Lake Elsinore and Murrieta chambers supporting a regional government action committee mixer. Mr. Carlisle confirmed inclusion of local cities, and Jim O'Grady suggested inclusion of other government action groups such as Valley Group and Monday Morning Group. This mixer could be scheduled as a follow- up to the Legislative Summit scheduled for September 25, 2003, and prior to the next state legislative session. Adjourn The meeting adjourned at 9:45 a.m. Previous Action Items 1. Diane Sessions to contact Alice Sullivan: 1) To ask that an EDC representative sit on the joint chambers' GAC (Jim Cuahape offered to sit in on the meetings on behalf of the EDC.); and 2) To ask what her thoughts are on attending a regional GAC mixer. 2. Greg Morrison to raise the subject of a regional GAC mixer at the next joint chambers meeting. 3. Diane Sessions to contact local legislators, Board of Supervisors, City Councils, school districts and public agencies to make introductions to the EDC Government Action Committee. 4. Diane Sessions to contact regional public agencies for names of those involved in legislative issues on behalf of their respective agencies. New Action Items 1. Committee members to forward additional proposed questions for upcoming Legislative Summit to Diane Sessions by 5pm on Tuesday, September 16. 2. Greg Morrison to request Temecula Chamber put in writing a request to the Elsinore and Murrieta Chambers to participate in a Regional Government Action Committee Mixer. 3. dim Cauhape to represent EDC at monthly joint chambers' government action group (fa Monday of each month) 10-14-2~3 3:BgPM FROM P_I T~MECU~ VALLEY FILM COUNCIL Pat MarO. uez .~x'¢ ¢u6ve D;xe etor TEMECULA VALLEY FILM COUNCIL ACTMTIES REPORT SEPTEMBER 2003 Sunny Poutson Thomas Co-Ftc ei~cnt Steve Ph61ps Co-Pr¢~idcat Ellen watkins Vice Prcsldcnt Eve Craig Maggic All~ Officers & Members of the l~m Counc~- Pat Martinez, Executive Director; Sunm~ Thomas, President; Elle~ · Watkins,Vice President; Helene Seoma, Seeretm~Fl'rzm~e; Eve Craig, Maggi Allen, Patty Slaton, Judi SI:mis & Senn MeCarthy BUSINESS OF 'l'H ~: FILM COUNCIL:' Continued distribution of new, c~ored ll~oVer ~emecula flyer. Continued planning of the atudent film festival Pro~eet was officially named "The Reel Student Film Fe~Jvai~ ami the gu~ of the first event has been moved to March 19~21, 2003 ia order to avoid it coinciding with the ope~ng of the new Temeealn · Children's Museum at the end of February. Russ McDonald will be the chairperson for the committee to work on the Sponsorship Package for the ~mdeut ~ Festival Russ McDonald is a local producer, writer and director. Russ McDonald is scheduled to speak at the first "Pathways to Productions" workshop at Cimparal High ~Axool on October 10, '2003. Gail Simon, The ArtDepartmeut, has completed our new production guide. Her work on the 2003 Temecula Valley International Film Festival considerably delayed the completion of our guide. The official website of the student fdm festival has been named .W35~v,TheR-ee ~Rld~e,~ffilmFest.colll and will be' up and running as of October 17, 2003. E-mai! tyfc~pe.net · www.tcmcculafilra.org 28636 Old Town Front St.- Suite 201A * Temecula, CA 92590 * Phone 909-699-6267 · F~x 909-693-2748 10-14-203 4:08PM F~OM P_2 Activity Report Page 2 FILM COUNCIL INQUIRES: We received very few phone calls any filming to be done in Temecula. The Office continues m receive phone calls from private, local estates expressing their interest in offering their homes for both filming locations and City events. ECQNO, MIC ALLIANCE TO: FROM: DATE: SUBJECT: Bradley J. Hudson Assistant County Executive Officer Riverside County EDA Lori Moss Assistant City Manager City of Murrieta Stevie Field Manager, Business Development October 20, 2003 Jim O'Grady Assistant City Manager City of Temecula Marlene Best Assistant City Manager City of Lake Elsinore SOUTHWEST RIVERSIDE COUNTY MONTHLY MARKETING UPDATE Dear Partners: Please consider this an update on the marketing activities for the Alliance as required in the Southwest Riverside County Marketing for Business Attraction Agreement. Leads A total of eight leads were generated during the month of September. Five of these leads were direct contacts to the Alliance via phone or web site response and three were as a result of the article in Expansion Management magazine. One site tour was conducted in the month of October. A large manufacturer is looking for 10 acres to build a 100,000 to 120,000 s.f. facility. I showed several sites and one was identified as a perfect location. The company is doing their due diligence and will hopefully issue a letter of intent soon. This employer will create 200-300 jobs. Cuttinq Edqe Marketinq I am currently working with Cutting Edge Marketing on the following projects: Branding Campaign/Focus group Demographic Report CD Rom Business Resource Guide GIS/Website Our Gms and web site continue to attract many visitors. During the month of September we had a record month with over 1400 visitors on our website. I understand that the web site has been down several times in the last month. I have emailed our tech team and understand that they are working to correct the problem. I have also asked about hosting our site on another server outside of the County. Cutting Edge has offered to do this, which would make web site corrections and internet problems easier to fix. I am waiting for their response and will provide an update when appropriate. Business Attraction Advisory Committee The concept for Southwest California has been approved and I have forwarded several logo concepts for comment and approval. Once we have selected a logo, we will start designing materials with the Southwest California theme. Jerry and I met with Southwest Airlines and were told that they liked the idea and saw no conflicts with the branding. We will continue discussions with Southwest Airlines to discuss partnership opportunities. Jerry and I continue to work on the formal launch of the branding campaign. I will be sending out an email on 10/20 with dates and times for the BAAC to meet to discuss in more detail. In cooperation with the EDC, the Alliance has been approached to host a video of Southwest California, which will air on CNBC. I am gathering more information, however, I have heard that the EDC Board and Alliance Partners all liked the idea. I will provide handouts at the Alliance meeting on October 29~h so that we can discuss in more detail. I will also provide information and schedule as an agenda item for the next BAAC meeting. Business Resource Guide The Business Resource Guide has been transferred to Cutting Edge Marketing and is being formatted and graphics being added. Once complete, this will be placed on the Alliance web site as an Acrobat file available for download. There will also be a link on the CD-Rom as well as hard copies (copies I have downloaded and bound, not professionally printed), available in my office for distribution. Broker Power Point Presentations I have finished the broker power point presentation, which will be presented to brokerage firms located outside of our region. During the next few weeks, I will send out letters and make phone calls to brokerage firms requesting approximately 10 minutes during their weekly sales meeting for a brief presentation. During this presentation, I will highlight "Southwest, California", our demographics, work force and web site/GIS along with a brief demonstration. Please forward me any thoughts you may have on this project or any contacts you feel would benefit from this presentation. Trade shows On behalf of the Alliance, I attended the following trade show: · CoreNet* (Corporate Office Real Estate Network) October 11th- 't5~h Atla~ * Please note: The Alliance was a Sapphire Sponsor for this show. Our sponsorship of the CoreNet Toronto show was transferred due to the shows cancellation (cancellation due to SARS travel warning). The Alliance had great signage and recognition throughout the event; including attendance at special networking functions as a sponsor; access to mailing lists as well as many other benefits. "Taste of SWRC" Event I have started to work on various components for the Spring '04 "Taste of SWRC" event. Similar to the Spring '02 event, we will launch the event with a panel luncheon, however, as discussed, we will follow the luncheon with a business tour of SWRC via air-conditioned bus. We will close the day with dinner at the Temecula Creek Inn. Saturday will be a day of relaxation on the golf course, day spa or in wine country and Sunday our guests will check out. Bridget is looking into activities with the chambers as well as various events that may be scheduled in SWRC such as baseball at The Storm, etc. I will have a list of proposed dates at our regular meeting on October 29th. On an ongoing basis, I attend the following meetings: Temecula/Murrieta Group Business Relations Committee SWRC EDC Transportation and Infrastructure Committee Government Action Committee Business Attraction Advisory Group LE EDC 1-15~1 Partnership Meetings Economic Development meetings concerning the Southwest Riverside County region If you need any additional information or have any questions, please contact me at (909) 600-6066. Sincerely, Stevie Field Manager, Business Development Copy: Belinda Graham John Viafora Robert Moran APPROVAL ~/j,,~ CiTY ATTORNEY I~'1 D RECTOR OF CITY MANAGER //~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManageflCity Council Jim Domenoe, Chief of Polic~g~('] October 28, 2003 Monthly Departmental Report The following report reflects special teams, traffic enforcement and miscellaneous activity occurring during September 2003. The Police Department responded to 39 "priority one" calls for service during the month of September, with an average response time of approximately 5.7 minutes. A total of 4,955 calls for police service were generated in the City of Temecula during the month. During September, the Temecula Police Department's Town Center Storefrent served a total of 147 customers. Fifty-two sets of fingerprints were taken, 40 people filed police reports and nine people had citations signed off. Crime Prevention Officer Lynn Fanene participated in a number of special events, neighborhood watch and community-oriented programs during the month. He also coordinated requests for patrol dde-alongs. Additionally, he continued to provide residential and business security surveys/visits and past crime follow-up. Officer Fanene also continued to process City Planning Department submissions of site plans/conditions. During September, the POP Teams were assigned an extensive follow-up investigation by the Riverside County District Attorney's Office. This investigation was in reference to a disturbance and assault that occurred at the In-N-Out Restaurant in Temecula. This complicated investigation continues. POP members also assisted the Investigations Bureau in a fraud and identity theft investigation stemming from an incident at the Washington Mutual Bank. This investigation has since been referred to the Irvine Police Department. POP Teams made five felony and eight misdemeanor arrests for various crimes. They also issued four citations for various traffic violations. POP Teams also continued with the homeless persons program, particularly at Sam Hicks Park, with the goal of assisting homeless in finding services and aid to help them. The Old Town Storefront serves as an office for the POP teams and a location to assist the public with police services. During September, the Old Town Storefront served 256 customers. Ninety-two sets of fingerprints were taken, 27 reports were written, and 34 citations were signed off. The traffic team reported that during the month of September there were 1505 citations issued for hazardous violations, 120 citations were issued for non-hazardous violations and 65 parking citations were issued. During the month there were '19 injury traffic collisions, 85 non-injury collisions were reported and six ddvers were arrested for DUI. In other citation summary Monthly Departmental Report - Police Department information, the Neighborhood Enforcement Team (NET) program resulted in 235 citations being issued. This program addresses traffic concerns in residential neighborhoods with a dedicated motor officer. The SLAP program (Stop Light Abuse Program) resulted in 544 citations being issued during September. Dudng the month of September, the POP officers assigned to the Promenade Mall handled a total of 97 calls for service. The majority of these calls were for shoplifting investigations. Dudng the month, calls and on-sight activity resulted in the criminal arrest and filings on two felony and nine misdemeanor cases. Officer McEIvain continued to provide training to secudty staff during the month. The mall officers continued to work to prevent vehicle theft and vehicle burglaries. There were no vehicle burglaries or thefts reported dudng the month of September at the mall. Our five school resource officers have remained active dudng September with the beginning of another school year. The school resource officers conducted many counseling sessions with students. A total of 36 investigations/reports were conducted/written by the school resource officers during September. The school resource officers made arrests at the two high schools for battery, outstanding warrants and possession of marijuana. The JOLT program (Juvenile Offender Law Enforcement Program) continues to be a success in part through its Youth Court program. Officer Sherry Adams conducted the 117th Youth Court session. The JOLT officer assisted at other schools when needed and conducted follow-ups with parents of juveniles in the JOLT program. Officer Adams also worked with "at risk" juveniles throughout the month and also conducted counseling sessions with their parents. She assisted the Riverside County District Attorney's Office and Probation Department by providing training during home visits with incorrigible/at risk juveniles during the month of September. Dudng the month of September, the Special Enforcement Team (SET Team), consisting of Officers Jon Wade and Gary Lee, made five felony arrests and three misdemeanor arrests, primarily for narcotics violations. The SET Team also recovered quantities of methamphetamine and marijuana dudng their enforcement activities. This team continues to work street level narcotics and specialty patrol within the city on a proactive basis. Volunteers from the community continue to be an integral part of the Temecula Police Department's staff. Under the guidance of volunteer coordinator Officer Bob Ridley and assistant coordinator Gayle Gerrish, the Police Department's volunteer staff contributed 448 hours of service in September. Volunteer assignments include computer data input, logistics support, special event assistance and telephone answering duties. Community Action Patrol (CAP) Program volunteers have continued their activities, patrolling the city for graffiti, conducting vacation residential checks and assisting patrol with special logistical needs and special events. Other duties these volunteers attend to are business checks and abandoned vehicles and traffic control. The goal of the program is high visibility, which prevents crime from occurring. CAP Team members contributed 211 hours of service to the community during the month of September. The reserve officer program and mounted posse are additional valuable volunteer resources available to the police department. The police department utilizes reserve officers to assist with patrol, traffic enforcement, crime prevention and a variety of special functions. Reserve police officers worked a total of 202 hours specifically on patrol in Temecula during September. Monthly Departmental Report - Police Department 2 The Temecula Citizen Corps Program continued to take shape and develop dudng the month of September. The executive body, or the TCC Council, moved their bi-weekly meetings from the administrative offices of the Promenade Mall to the American Red Cross building. The council is comprised of representatives from the police and fire departments, the City, local business, the Temecula Valley Unified School District, the American Red Cross, and a local citizen. Most of the volunteer leadership positions have now been filled, and the program is progressing well toward meeting the goals provided by members of the City Council. Monthly Departmental Report- Police Department 3 APPROVAL /'~.4,,, .,~"" CITY ATI'ORNEY / - ~,~,,v~ DIRECTOR OF FIN~,CI~ ~ CITY MANAGER ~J ' ' TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Howard Windsor, City Fire ChH ~ ' October 28, 2003 Monthly Departmental Report RECOMMENDATION: Attached for City Council's review and filing is the Fire Department's Monthly Activity Reports for the 2"a quaffer, 2003. Month: April Year: 2003 98% 82% N/A 890/0 98% 92% 87% 3.0 4.0 N/A 4.0 3.1 3.5 3.7 0 6 32 0 1.03 7.84 2 3 1 0 2 0 18 5 12 School Programs Fairs and Displays Company Inspections LE-38 Dooryard lnslx~ctions Burnin~ Permits Issued Pre Plans 0 0 0 2 10 2 6 20 15 Total 28 40 30 13 1 0 0 48 0 0 200 16 0 2 0 79 201 20 45 2 10 83 750 200 200 30 135 43 54 378 1194 Month: April Year: 2003 Medical Aids 121 72 Traffic Collisions 27 22 Rescues 0 0 Commercial Structure Fires 0 0 Residential Structure Fires 0 4 Vehicle Fires 0 0 Vegetation Fires 0 0 0 0 Improvement Fires Refuse Fires 0 0 ~ Alarms 1 3 iPublic Service Assists 0 3 0 0 Fire Menace Standbys ~ Mats , Cover Assi[gnments !Other Incidents 0 0 0 total 149 104 ~ of Calls on Scene in 5 min or less 95% 82% 193 764 49 214 0 0 0 7 4 19 0 4 0 0 0 1 0 0 4 15 3 15 0 2 0 0 0 1 0 2 253 1044 89% 89% 3.9 3.90 Average Response Time 3.7 4.1 Month: April Year: 2003 Buildinl~ TI 39 109 NCOM Buildin[: 11 39 UG Water 16 40 Over/Under Ground Tank~ 0 1 NCOM Sprinkler 11 41 Sprinkler TI 8 56 Hood Duct 0 16 Spray Booths 0 1 Special Suppression Systems 0 3 Alarms 22 74 Planning Cases 17 87 Special Code Permits 0 0 Miscellaneous 1 26 Total 125 493 Fire C of O 10 53 Shell Final 1 13 UG Hydro 2 10 Thrust Blocks 4 11 Over Head Hydro 5 38 Fire Flow 0 1 Flush 12 19 Sprinkler Final 10 41 Weld Inspection 0 4 Hood Duct Final 1 5 Alarm Pre-wire 5 29 Alarm Final 7 47 Spray Booth Final 0 1 Fire Safety Inspection 2 9 State Mandated Inspection 1 i Special Events Inspection 0 0 Piping Hydro 0 0 Shear Valves 0 0 Over/Under Tank Final 1 1 Special Suppression System 0 0 Special Project Investigation 0 0 Engine Company Follow-up 0 0 Miscellaneous 6 11 Total 67 294 Month: May Year: 2003 rmffic Collisions Rin~ing Alarms - No Fire Rin~ing Alarms - With Fire Commercial Structure Fires Residential Structure Fires Vegetation Fires Other Fire False Alarms Public Setwice Assists Fire Menace Stanc~oys Haz Mats Other Incidents Total % of Calls on Scene in 5 rain or less 97% 91% N/A 81% 97% 92% 89% Average Response Time 2.90 4.00 N/A 4.40 3.10 3.60 3.64 0 0 0 0 0 0 32 rime Committed (Hours) 0 0 0 0 0 0 7.84 School Prol~vams Fairs and Displays Company Inspections LE-38 Doo~ard Inspections Burning Permits Issued Pre Plans 160 4 1 2 7 52 334 8 0 0 60 0 0 0 11 0 0 0 0 1 0 0 3 0 16 Total 220 337 16 5 32 lO 2O 502 1252 71 271 1 136 19 73 610 1804 Month: May Year: 2003 Medical Aids 141 88 229 993 traffic Collisions 19 25 0 Commemial Structure Fires 1 0 Residential Structure Fires 4 1 Vehicle Fires 0 0 Vegetation Fires 0 0 hnprovement Files 0 1 ~ Fires 0 0 Rin~in~ Alarms 1 0 Public Service Assists 3 1 0 0 0 Fire Menace Standbys Haz Mats Cover Assi~unents Other Incidents 0 0 rota~ 170 116 ~ of Calls on Scene in 5 min or less 87% 93% 44 258 0 0 1 8 5 24 0 4 0 0 1 2 0 0 1 16 4 19 1 3 0 0 0 1 0 2 286 1327 900/0 90% 4 3.95 Average Response Time 4.4 3.6 Month: May Year: 2003 Buildin~ TI 30 139 NCOM Buildin~ 18 57 UG Water 17 57 Over/Under Ground Tankg 0 1 NCOM Sprinkler 14 55 Sprinkler TI 3 59 Hood Duct 2 18 Spray Booths 0 1 Special Suppression Systems 2 5 Alanus 11 85 Plannin~ Cases 20 107 Special Code Permits 1 1 Miscellaneous 5 31 Total 123 616 'Fire C of O 12 65 Shell Final 5 18 ~UG Hydro 2 12 IThmst Blocks 3 14 Dver Head Hydro 5 43 'Fire Flow 0 1 Flush 1 20 Sprinkler Final 12 53 Weld Inspection 2 6 Hood Duct Final 0 5 Alarm Pre-wire 2 31 Alarm Final 14 61 Spray Booth Final 0 1 ?ire Safety Inspection 0 9 State Mandated Inspection 0 1 Special Events Inspection 0 0 ~iping Hydro 0 0 Shear Valves 0 0 Over/Under Tank Final 1 2 Special Suppression System 0 0 51x~ial Project Investigation 0 0 Engine Company Follow-up 0 0 Miscellaneous 5 16 !Total 64 358 Month: June Year: 2003 980/o 91% N/A 92% 78% 90% 90% 2.90 3.20 N/A 4.50 4.60 3.80 4.37 Number of Calls Time Committed (Hours) 32 7.84 School Pro[warns 0 1 1 1 6 58 Fairs and Displays 2 3 3 2 11 31 Company Inspections I00 24 0 0 252 1504 LE-38 Doo~ard Inspections 0 0 0 217 217 488 Burnin~ Permits Issued 0 0 3 1 4 140 Pre Plans 0 0 7 0 9 82 Total 134 102 28 14 221 499 2303 Month: June Year: 2003 M~lic. al Aids 126 Traffic Collisions 23 Rescues 0 Commercial Structure Fi~s 1 Residential Structure Fires 2 Vehicle Fires 1 Vesetation Fires 0 Improvement Fires 0 Refuse Fires 0 Ringing Alarms Public Service Assists Fire Menace Standbys 2 Cover Assignments Other Incidents 68 194 1187 26 49 307 0 0 0 0 1 9 1 3 27 0 1 5 0 0 0 0 0 2 1 1 1 0 2 18 I 3 22 0 0 3 1 1 1 0 0 1 0 1 3 98 256 1582 91% 90% 3.55 3.75 Total 158 %ofCalls on Scene in 5m in or l esl 94% 88% Average Response Time 3.8 3.3 Month: June Year: 2003 Building TI 36 175 NCOM Building 0 57 LIG Water 21 78 Over/Under Ground Tanks 0 1 NCOM Sprinkler 9 64 Sprinkler TI 14 73 Hood Duct 0 18 Spray Booths 0 1 Special Suppression Systems 0 5 Alamls 6 91 Flanning Cases 12 119 Special Code Permits 0 1 Miscellaneous 9 40 rotal 107 723 Fire C of O 12 77 Shell Final 1 19 UG Hydro 2 14 I'hmst Blocks 2 16 ~ver Head Hydro 5 48 Fire Flow 0 1 Flush 1 21 Sprinkler Final 3 56 Weld Inspection 1 7 Hood DI~ct Final 0 5 Alarm Pre-wire 4 35 Alarm Final 12 73 Spray Booth Final 0 1 Fire Safety Inspection 3 12 State Mandated Inspection 1 2 Special Events Inspection 0 0 Piping Hydro 0 0 Shear Valves 0 0 Dver/Under Tank Final 0 2 Special Suppression System 1 1 Special Project Investigation 0 0 Engine Company Follow-up 0 0 Miscellaneous 12 28 l'otal 60 418 APPROVAL CITYATTORNEY DIRECTOR OFFINANCE,"~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council William G. Hughes, Director of Public Works/City Engineer October 28, 2003 Department of Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Reports for the month of September, 2003. MOACTRPT CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report September / October 2003 Prepared By: Amer Attar Submitted by: William G. Hughes Date: October 22, 2003 PROJECTS UNDER CONSTRUCTION '1. Children's Museum This project will construct a 7,500 square foot children's museum. 2H Construction has completed the structural repairs to the building shell. All that remains in their scope of work is the stucco repair and painting. Fleming Construction, the original contractor for the building shell improvements, returned to the job site in October and demolished the gazebo porch floor in order to replace it with the matching porch boards. Sparks Exhibits and Environments has been given the notice to proceed with the installation of the museum exhibits. 2. Pechanga Parkway (Formerly Pala Road) Sound Wall Improvements Under this project, sound walls will be designed and constructed on the southwest side of Pechanga Parkway, from Rainbow Canyon Road to the Pechanga casino and on the northeast side along the residences just north of Loma Linda. Bullard Construction has completed the section of the sound wall on the northeast side of the project, along Jedediah Smith, and is replacing the back yard fences that join to the sound wall. On the west side of the project the section between Masters and Muirfield is nearing completion with the contractor grouting and capping the wall. Footings have been poured at the section between Muirfield and Via Consuelo and the masons are bring the wall up a layer at a time. The wall footing has been excavated between Via Consuelo and Huron. The project is on schedule at this time. 3. Rancho California Road Bridge Widening Over Murrieta Creek This project will widen Rancho California Road Bridge over Murrieta Creek 35 feet on the south and 15 feet on the north to provide four additional traffic lanes. CIDH pier pilings are complete, the right and left bridge decks have been poured and the right side has been stressed and its falsework removed. Completion of the project is anticipated in the Spring of 2004 although the allowable working days extend into August of 2004. 4. Rancho California Sports Park ADA Access and Shade Structure This project entails the design and construction of ADA compliant concrete walkways to the remaining ball fields, 3,4,5,7 & 8. This project is complete. The Notice of Completion will go to the City Council at the October 22, 2003 meeting. 5. Pavement Rehabilitation Program - FY 20021 2003 The project involves removing and replacing the pavement in the two westbound lanes of Rancho California Road between Margarita Road and Meadows Parkway. R. J. Noble started the work on 8/08 and substantially completed it on 10/02. Currently, the contractor has been performing 1 R:\MonthlyActiviiyReport\CIP\2003\September.dcc punchlist items (i.e., striping). The contractor and inspector will meet to go over the last billing quantities. 6. John Warner Road Assessment District Under this project an assessment district was formed. This district includes the construction of street and storm drain improvements in the John Warner Road area. Final waterline relocation plans were received from RCWD on 10/8/03, and an amended Notice to Proceed dated 10/13/03 was issued to McLaughlin. Storm drain installation on John Warner Rd. began on 10/8 and is proceeding, but is being delayed due to ongoing utility conflicts. Utility conflicts continue to plague the entire project, with agencies either being non-responsive or not following through on pledged actions when responding. A prime example of this is RCWD, who on 10/17/03 stated that they would have a crew out on 10/20 to relocate 2 services in conflict with the storm drain, then on 10/20 completely reversed themselves and claimed it would be 3 weeks before they would be able to respond. Work to resolve utility conflicts is ongoing, and construction work is fitfully proceeding. 7. Rancho California Road Widening & Median Modifications East of Ynez Road The project will include the closing of the two median openings on Rancho California Road in front of the Town Center, while lengthening the left turn lanes at Ynez Road, Town Center Drive, and Via Los Colinas to improve traffic circulation. In addition, a dedicated right turn lane will be added on the eastbound direction on Rancho California Road at Ynez Road. Notice to Proceed was issued to contractor (P,.J. Noble) on 9/22/03, and construction activity began on 10/13/03. Phase 1 of the work is the constructing the right-turn pocket on westbound Rancho California Rd. and traffic control was implemented for this phase. Clear and grub work was completed on 10/16/03, and as with the John Warner project, utility conflicts are an issue, specifically with Edison, who have a pullbox and light pole to move in this area. Work is continuing around this, however, with retaining wall construction and sign/sculpture relocations scheduled for the week of 10/20/03. Edison is also scheduled to relocate this same week. Traffic control is an issue, with impacts to traveling public being moderate. After several complaint phone calls from public after first weekend of traffic closure, contractor will be encouraged to remove as much traffic control devices as possible before the weekend. PROJECTS BEING ADVERTISED FOR BIDS NONE PROJECTS IN DESIGN 1. Pechanga Parkway (Formerly Pala Road) Improvements - Phase II (SR 79 South to Pechanga Road) This project will widen Pechanga Parkway (formerly Pala Road) to its ultimate width from the Pechanga Parkway Bridge to Pechanga read. The City is currently working with Caltrans' Local Assistance and City's Environmental Consultant to expedite the environmental approval process. The Preliminary Environmental Document Classification (NEPA) of the project has been determined 2 R:\MonthlyActivityRepor t\ClP\2003\September.doc to be an "Environmental Assessment" (EA). Required technical studies (involving Federal action) will be included in the EA. The Planning Department completed Addendum No. 3 to the Wolf Creek EIR and the Notice of Determination (NOD) for the project. The Addendum and NOD were needed to satisfy all CEQA requirements for the project. The City will return checkprints to DMJM+HARRIS when all of the street plans/specifications/utility companies' comments are completed. This project will be divided into two stages. The first stage is to construct the storm drain triple box culvert and the channel improvements north of Loma Linda. Construction of this stage is scheduled for Fall 2003. The second stage will construct the remaining street improvements and drainage structures, Construction of this stage will start once the first stage is completed. 2. Pechanga Parkway Storm Drain Improvements - Phase II This project will construct the storm drain triple box culvert and the channel improvements north of Loma Linda. As part of this stage the entire Pechanga Parkway, Phase II project will be environmentally cleared in accordance with the California Environmental Quality Act (CEQA). The City has completed the legal descriptions and plats needed to transfer Right of Way to RCFC & WCD for maintenance of the storm drain system. The City submitted a design/construction agreement to RCFC & WCD for their review and approval. The agreement included an overall right of way map and irrevocable offers of dedications with associated legal descriptions and plats. The U.S. Army Corps of Engineers (USACE) requested that the City and RCFC & WCD make additional changes to the lower section of the Wolf Valley Creek Channel. The consultant has redesigned the outlet facility. The consultant has completed the redesign and the plans were submitted to RCFC & WCD for final check and approval on October 10, 2003. 3. Temecula Library A full service library, approximately 34,000 square feet in area, will be designed and built on Pauba Road, just west of Fire Station #84. This project will provide the community with library resources and services. A separate pamel has been created for the library for bond purposes. The application to the State was submitted on 6/13/02. The City's application was not among the approved ones. The City resubmitted its application for the second round of funding approvals later this year. Construction is delayed until Spring 2004, provided that the City receives funding. Utility services construction will be coordinated with Pauba Road, Phase II Street Improvements. 4. Pauba Road Improvements - Phase II (Margarita Road to Showalter Road) This project will widen Pauba Road from Showalter to just west of Margarita Road to its ultimate width. The City has reviewed the 100% Design Plans submitted by the consultant. Specifications are under review. Plans were sent to ail utilities and utility issues are being addressed. The environmental documents have been finalized by the City's Planning Department and the public comment period will begin when library funding is granted which may not take place for some time. Work is being coordinated with the library project. 5. Landscaping and Sidewalk On SR 79 South (Old Town Front Street to Pechanga Parkway) The project consists of the design and construction of new sidewalk, irrigation, and landscaping along State Route 79 South between Old Town Front Street and Pechanga Parkway. The City has just received final planting and irrigation plans for this project. Civil plans have been sent back for minor revisions. Planting and irrigation plans were forwarded to Homeowners Association property management office on 8-11-03 and we received a positive feedback. Also, City has received comments from Caltrans. These comments were forwarded to the designer to make the revisions. 3 R:\MonthlyActivityReport\ClP\2003\September.doc 6. Temecula Sports Complex A new 40+ Acres sports complex will be built at the corner of Pechanga Parkway and Deer Hollow Way. The City Council approved the Conceptual Master Plan of the project and funding at the January 14, 2003 meeting. Design of the project continues with 90% submittal scheduled for mid November. Coordination efforts with the developer and utility companies are underway. 7. Bridge Barrier Rail Upgrade, Rainbow Canyon Road over Pechanga Creek/Del Rio Road over Empire Creek This project will replace the existing barrier roils of the Rainbow Canyon Bridge over Pechanga Creek and the Del Rio Road Bridge over Empire Creek. Simon Wong Engineering (SWE) delivered the 100% Plans and Engineer's Cost Estimate in early October. The Specifications are complete. The request for authorization for construction funding was sent to Caltrans on 1/14/03. Caltrans responded via e-mail on 8/1/03 saying that their Obligational Authority (OA) for all local federal aid projects has reached its limit for this year and will not be available until the new federal budget is approved sometime after 10/1/03. Once Caltrans approval is received (sometime after 10/1/03) the project will go out to bid. 8. Fire Station - Wolf Creek Site A fire station will be built at the Wolf Creek Site. The Plans have been approved with the exception of the grading plans. Site address was assigned and will be delivered to consultant designer week of 10/20/03 to establish utilities. Final approval of the grading plans is forthcoming. 9. Vail Ranch Park (Near Pauba Valley School) - Add Amenities This project will add amenities, including play equipment, to the recently annexed Vail Ranch Park. RHA Landscape Architects/Planners Inc. is the design firm. The final design documents were resubmitted to the City during the last period. Final review is complete and Mylars will be submitted. The specifications are being prepared. The project will go to City Council in November for authorization to advertised for bids. 10. Murrieta Creek Multi Purpose Trail This project will build portions of the equestrian and bike trails along Murrieta Creek within City limits. The City has received a federal grant of $1,214,000. Caltrans has given the City the "Authorization to Proceed with Preliminary Engineering." We are working with US Army Corps of Engineers and Riverside County Flood Control to coordinate the trail design with the Murrieta Creek Improvement project. A progress meeting was held on Sept. 30, 2003. The preliminary design was discussed as was the Corps of Engineers schedule. 11. State Route 79 South Medians Under this project medians will be constructed on State Route 79 South within the City of Temecula limits. The City Council approved a design agreement with Project Design Consultants (PDC) on May 27, 2003. PDC just received an encroachment permit to perform field surveying. They aro in the process of doing the preliminary design. 12. Guardrail Installation and Replacement On Rainbow Canyon Road In this project, old guardrails will be replaced and new guardrails will be installed in needed locations 4 R:\MonthlyAcdvityReport\ClP\2003\September.doc on Rainbow Canyon Road within the City of Temecula. Authorization to request proposals was received from Caltrans and the RFP went out on June 11,2003. Proposals were received on July 1, 2003 and negotiations with the highest ranked firm is in progress. Once Caltrans approves the recommended consultant the agreement will go to City Council for approval. 13. Old Town Southern Gateway Landscaping Under this project, 10,000 square feet remnant parcel west of Front Street, which was created by the realignment of First Street, will be landscaped. Project plans and specifications aro complete. Council approval for advertisement is scheduled for the October 28, 2003 meeting. '14. Rancho California Road Widening, Old Town Front Street to 1-15 (Southside) This project will provide a right turn lane for southbound I-15 motorists and explore the possibility of providing a dual left turn lane from westbound RCR to southbound Front Street. Design and analysis of alternatives is underway. Alternatives study will be complete at the end of November. 15. Old Town Community Theatre This project will construct a 20,000 square foot community theater complex and refurbishes the existing Mercantile Building. Plans are through Building plan check. A construction management firm has been chosen and a portion of their work (e.g., cost estimate and constructability check is complete). City Council approved the pro-qualification of the general contractors on July 22, 2003. We aro in the process of acquiring Fourth Street right-of-way for utilities and access. The Regional Water Board has approved the 401 permit, we aro awaiting Army Corps 404 permit. The goal is to get the PS&E completed and sent out for bids in November. 16. Fire Station - Northeast Site (Roripaugh Ranch) This project will construct a new fire station in the north part of the City. Amendment of the design agreement, for final design, was approved at the 6/10/03 Council meeting. The developer has deposited the additional funding necessary to complete final design and bid the project. 90% drawings were submitted to Building on 8/26/03 and they aro due back on 9/12/03. The land for the station is set to be dedicated as part of the tract map acceptance on 9/16. The timing of the station will be impacted by the developer's ability to provide finished street grades, finished site grading and site utilities. The developer's 3rd plan submittal of the street and grading plans expected on 10/17/03. 17. Jefferson Avenue Pavement Rehabilitation - Phase II This project will rehabilitate Jefferson Avenue from approximately 650 ft south of Overland Dr. to Rancho California Rd. The rehabilitation will include pavement overlay and road/driveway reconstruction. On 09/23, City Council approved the design services contract. After AEI returned the executed contract, City staff and AEI had the kick-off meeting on 10/08. City provided to the consultant reference documentation (i.e., utility records, traffic signal plans, improvement plans, original base sheets, etc.) AEI is to begin design and reconvene with City on 11/05 for a progress meeting. '18. Main Street Bridge Over Murrieta Creek (Replacement) New Project. This project will replace the existing Main Street Bridge over Murrieta Creek. A Request For Proposals was issued on 9/16/03. Proposals were submitted on 10/7/03 and aro being reviewed by City staff. Staff is also preparing an application for Highway Bridge Replacement and 5 R:\MonthlyActivityReport\ClP\2003\September .doc Rehabilitation (HPRR) funds, 19. Diaz Road Realignment Under this project, Diaz Road will be realigned to Vincent Moraga Road at Rancho California Road. Business Park Drive will be a T-intersection at Diaz. City staff is currently designing the project. The project is on-hold, except for the two traffic signals at Diaz Rd. & Rancho Way and Business Park & Rancho California Road. Right of Way acquisition process is ongoing. Plan? for the two signals are being finalized. 20. Winchester Road Widening Between Enterprise Circle and Jefferson This project will widen Winchester road between Enterprise Circle and Jefferson Avenue. It will also add a right turn lane from Eastbound Winchester to Southbound Jefferson, starting at Enterprise Cimle. In-house design continues. Right-of-way plats and legals have been prepared and the acquisition process is underway. Offers were sent out to the affected property owners on 08-05-03. Jefferson median workshop with business and property owners occurred on 9/11/03. 21. Bus Bench Upgrades Under this project, bus benches and shade structures will be installed and existing ones will be upgraded at various locations. Project research on locations of current bus stops, existing bus bench/shade structures, bus bench/shade structure costs and RTA routes is complete. Bus bench/shade structure design and location options were reviewed and a report with recommendations was prepared and is being reviewed by management. 22. Traffic Signal Installation - Citywide New Project. Under this project, traffic signals will be installed on Meadows Parkway at La Serena and at Rancho Vista. We are preparing the preliminary design information and research. PROJECTS IN THE PLANNING STAGE 1. 1-15/SR 79 South Interchange - Project Study Report (PSR) This project will modify the 1-15/SR 79 South Interchange to accommodate projected future traffic. The City will proceed with the modified alternative #5. The draft Project Study Report was submitted to Caltrans and the City for review and comments on April 7, 2003. The City received Caltrans comments on May 22, 2003. The City's responses to the comments were sent back to Caltrans on June 3, 2003. FHWA and Caltrans comments are currently being addressed with PSR resubmittal scheduled for the end of November. 2. French Valley Parkway Overcrossing and Interchange, Project Report (PR), Plans Specifications, and Estimate (PS&E) Preparation This project will construct an interchange between Winchester Road Intemhange and the 1-15/I-215 split. The consultant continues to work on the Project Report. A PDT meeting was held on 09/24/03. The Value Analysis session has been completed. Value Analysis report is currently under review. In addition, this project was chosen to be the Federal Highway Administration's pilot program to 6 R:\MonthlyActivityReport\ClP\2003\September.doc accelerate projects. The program is called Accelerated Construction Technology Transfer (ACTT). Workshops related to this program will be held in December. We are also pursuing the acquisition of a number of properties to protect them from development. 3. Murrieta Creek Bridge - Overland Drive Extension to Diaz Road This project will entail alignment studies and the design of an extension of Overland Drive, westerly to Diaz Road, which includes a new bridge over Murrieta Creek. The project includes the widening of Overland Drive from Jefferson Avenue to Commeme Center Ddve, and the extension of Overland Drive across Murrieta Creek to Diaz Road. Staff prepared an amendment to the original agreement for the PS&E. Council approved the amendment that included a scope of work to complete the P, S, & E. The kick-off meeting will be scheduled for the week of October 20, 2003. 4. Alignment Study for Murrieta Creek Bridge Between Winchester Road and Temecula City Limits and Diaz Road Extension This study will determine the alignment and location of the Murrieta Creek crossing between Winchester Road and the northern City Limits. In addition, the study will be combined with the Diaz Road Extension alignment study and design. Coordination with the City of Murrieta, Riverside County Flood Control and Army Corps of Engineers is necessary. The Consultant and Staff met with Riverside County Flood Control to discuss possible alignments. The consultant is currently awaiting data from Riverside County Flood Control in order to complete the work on the first draft of the alignment study. Staff has yet to receive the data. PROJECTS THAT ARE SUSPENDED OR ON-HOLD 1. Santa Gertrudis Bridge Widening at 1-15 This is Phase II of the Southbound Auxiliary Lane project at the southbound exit ramp for Winchester Road. This project will widen the 1-15 southbound exit-ramp at the Santa Gertrudis Creek Bridge to provide an additional lane on the exit ramp just north of Winchester Road. Staff is revisiting the merits of this project in light of the Project Study Report for French Valley Parkway Interchange. The study shows that this bridge may have to be removed in the future to accommodate the new Interchange. This project is suspended indefinitely. 7 R:\MonthlyActivityReport\ClP\2003\September .doc MEMORANDUM TO: FROM: DATE: SUBJECT: Bill Hughes, Director of Public Works/City Engineer Brad Buron, Maintenance Superintendent October 3, 2003 Monthly Activity Report - September, 2003 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of September, 2003: I. SIGNS A. B. C. Total signs replaced Total signs installed Total signs repaired 175 1 6 23 3,467 37 455 Il. TREES A. Total trees trimmed for sight distance and street sweeping concerns III. ASPHALT REPAIRS A. Total square feet of A. C. repairs B. Total Tons IV. CATCH BASINS A. Total catch basins cleaned RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement 21,000 VI. GRAFFITI REMOVAL A. Total locations B. Total S.F. 35 6,602 VII. STENCILING A. 373 New and repainted legends B. 2,629 L.F. of new and repainted red curb and striping Also, City Maintenance staff responded to 33 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 43 service order requests for the month of August~ 2003. The Maintenance Crew has also put in 92 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 September, 2003 was $ 78~750.00 compared to $17~315.00 for the month of August~ 2003. Account No. 5402 $15,000.00 Account No. 5401 $ 63,750.00 Account No. 999-5402 $ - 0- CC: Ron Parks, Deputy Director of Public Works Ali Moghadam, Senior Engineer (CIP/Traffic) Greg Butler, Senior Engineer (Capital Improvements) Amer Attar, Senior Engineer (Capital Improvements) Jerry Alegria, Senior Engineer (Land Development) STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of September, 2003 DATE DESCRIPTION TOTAL COST ACCOUNT STREET/CHANNEL/BRIDGE OF WORK SIZE CONTRACTOR: BECKER ENGINEERING Date: 09/03 SAW CUTTING A.C. FOR IN-HOUSE PATCH CITYWIDE TRUCK # 5402 TOTAL COST I $ 5,000.00 REMOVE SAND AND DEBRIS FROM BOX Date: 09/04/03 CULVERTS AND DISPOSE OF JEDEDIAH SMITH ROAD CHANNEL # 540 1 TOTAL COSTI$ 28,750.00 REPAIRS TO EXPOSED PILLARS DUE TO HEAVY Date: 09/24/03 RAINS MAIN STREET BRIDGE # 540 1 TOTAL COST I $ 35,000.00 Date: # TOTAL COSTI CONTRACTOR: RENE'S COMMERCIAL MANAGEMENT Date: 09/03 WEED ABATEMENT, TRASH PICK-UP ALONG CITYWIDE CITY R.O.W'S # 5402 TOTAL COST I $10,000.00 Date: # TOTAL COST I CONTRACTOR: Date: # TOTAL COST [ Date: # TOTAL COST I TOTAL COST ACCOUNT #5401 $ 63,750.00 TOTAL COST ACCOUNT #5402 $15,000.00 TOTAL COST ACCOUNT 899-5402 -0- CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF SEPTEMBER, 2003 DATE LOC~TION SCOPE OF WORK S.F. TOTAL TONS 09/09/03 31260 PESCADO A.C. CAP 291 2 09/10/03 31275 PESDADO R&R A.C. 220 5.5 09/11/03 FRONT STREET AT DEL RIO PLAZA R&R A.C. 58 1.5 09/15/03 FRONT STREET AT DEL RIO PLAZA R&R A.C. 36 2.5 09/16/03 41830 SKYWOOD R&R A.C. 49 09/16/03 DEL RIO AT EMPIRE CREEK R&R A.C. 24 2.5 09/17/03 31275 PESCADO R&R A.C. 250 6.5 09/18/03 WOLF STORE ROAD R&R A.C. 20 09/18/03 ENTERPRISE CIRCLE NORTH AT WINCHESTER A.C. OVERLAY 55 2.5 09/22/03 MERCEDES AT 6TM STREET A.C. OVERLAY 958 4.5 09/23/03 31260 PESDADO A.C. OVERLAY 477 3.5 09/29/03 MAIN STREET WEST OF BRIDGE A.C. OVERLAY 634 3.5 09/30/03 MAIN STREET WEST OF BRIDGE A.C. OVERLAY 395 3 TOTAL S.F. OF REPAIRS 3~467 TOTAL TONS 37 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF SEPTEMBER, 2003 DATE LOCATION WORK COMPLETED 09/03/05 PALOMA DEL SOL AREA CLEANED & CHECKED 41 CATCH BASINS 09/04/03 PALOMA DEL SOL AREA CLEANED & CHECKED 8 CATCH BASINS 09/08/03 AREA #2 CLEANED & CHECKED 41 CATCH BASINS 09/09/03 AREA #2 CLEANED & CHECKED 20 CATCH BAS1NS 09/I0/03 AREA #2 CLEANED & CHECKED 6 CATCH BASINS 09/11/03 AREA #2 CLEANED & CHECKED 11 CATCH BASINS 09/15/03 CITYWIDE CLEANED & CHECKED 41 CATCH BASINS 09/16/03 AREA #2 CLEANED & CHECKED 13 CATCH BASINS 09/17/03 AREA #2 CLEANED & CHECKED 14 CATCH BASINS 09/18/03 AREA #2 CLEANED & CHECKED 14 CATCH BASINS 09/22/03 CITYWIDE CLEANED & CHECKED 49 CATCH BASINS 09/23/03 AREA #1 CLEANED & CHECKED 65 UNDERSIDE DRAINS 09/23/03 AREA #2 CLEANED & CHECKED 19 CATCH BASINS 09/24/03 AREA #2 CLEANED & CHECKED 28 CATCH BASINS 09/25/03 AREA #2 CLEANED & CHECKED 22 CATCH BASINS 09/29/03 AREA #2 CLEANED & CHECKED 48 CATCH BASINS 09/30/03 AREA #2 CLEANED & CHECKED 15 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED 455 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF SEPTEMBER 2003 DATE LOC~TION WORK COMPLETED TEMECULA AUTO MALL, PUJOL, TARGET CENTER, 09/02/03 GUIDENT PROPERTY REMOVED 908 S.F. OFGRAFFITI 09/03/03 27911 JEFFERSON REMOVED 98 S.F. OF GRAFFITI 09/03/03 AVENIDA DE MISSIONES @ VIA RIO TEMECULA REMOVED 400 S.F. OF GRAFFITI 09/04/03 27911 JEFFERSON REMOVED 93 S.F. OF GRAFFITI 09/04/03 28410 VINCENT MORAGA REMOVED 60 S.F. OF GRAFFITI 09/08/03 IsT STREET BRIDGE REMOVED 229 S.F. OF GRAFFITI 09/08/03 BUTTERFIELD STAGE ROAD S/O HWY 79 SO. REMOVED 1,647 S.F. OF GRAFFITI 09/08/03 TARGET CENTER REMOVED 314 S.F. OFGRAFFIT1 09/08/03 MARGARITA AT SANTA GERTRUDIS REMOVED 395 S.F. OFGRAFFITI 09/08/03 NICHOLAS AT SANTA GERTRUDIS REMOVED 141 S.F. OF GRAFFITI 09/08/03 NO. GENERAL KEARNEY AT SANTA GERTRUDIS REMOVED 194 S.F. OF GRAFFITI 09/09/03 LA SERENA AT MEADOWS REMOVED 8 S.F. OF GRAFFITI 09/10/03 CORTE SAGUNTOATCALLEREDONDELA REMOVED 3 S.F. OFGRAFFITI 09/10/03 VAIL RANCH PARKWAY AT NIGHTHAWK REMOVED 24 S.F. OF GRAFFITI 09/11/03 VAIL RANCH PARKWAY AT NIGHTHAWK REMOVED 30 S.F. OF GRAFFITI 09/11/03 PUJOL AT MAIN REMOVED 25 S.F. OFGRAFFITI 09/12/03 MARGARITA ROAD AT SANTA GERTRUDIS REMOVED 60 S.F. OF GRAFFITI 09/15/03 TARGRT CENTER REMOVED 400 S.F. OFGRAFFITI 09/15/03 MAIN STREET BRIDGE REMOVED 337 S.F. OFGRAFFITI 09/16/03 PUJOL AREA REMOVED 77 S.F. OFGRAFFITI 09/17/03 VIA RAIO TEMECULA REMOVED 49 S.F. OF GRAFFITI 09/22/03 6TM STREET ALLEY REMOVED 9 S.F. OF GRAFFITI 09/22/03 49171 4TM STREET REMOVED 72 S.F. OF GRAFFITI DATE LOCA~ION : WORK COMPLETED 09/22/03 42210 LYNDIE LANE REMOVED 6 S.F. OF GRAFFITI 09/23/03 4th STREET REMOVED 60 S.F. OF GRAFFITI 09/23/03 4TM STREET AT MERCEDES REMOVED 237 S.F. OF GRAFFITI 09/23/03 49175 4TM STREET REMOVED 150 S.F. OF GRAFF1TI 09/23/03 CHARDONNAY HILLS REMOVED 180 S.F. OFGRAFFITI 09/24/03 LOMALINDA EAST OF PECHANGA REMOVED 100 S.F. OF GRAFFITI 09/25/03 RANCHO CALIFORNIA ROAD AT MORAGA REMOVED 8 S.F. OF GRAFFITI 09/30/03 LOMALINDA AT PECHANGA REMOVED 63 S.F. OF GRAFFITI 09/30/03 6TM STREET AT FELIX VALDEZ REMOVED 225 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED 6~602 TOTAL LOCATIONS 35 z 0 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF OCTOBER, 2003 DATE LOCATION WORK COMPLETED 09/02/03 DEL RIO AT JEFFERSON TRIMMED 3 R.O.W. TREES 09/05/03 SCHOOL PEDESTRIAN FLASHERS"CITYWIDE" TRIMMED 19 R.O.W. TREES 09/25/03 6TM STREET AT MERCEDES TRIMMED I R.O.W. TREES TOTAL R.O.W. TRF~E~q TRIMMED 23 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY WEED ABATEMENT MONTH OF SEPTEMBER, 2003 DATE LOC~TION W~ORK COMPLETED 09/02/03 DEL RIO ABATED 6,000 S.F.R.O.W. WEEDS 09/03/03 WINCHESTER EAST OF JEFFERSON ABATED 15,000 S.F.R.O.W. WEEDS TOTAL S.F.R.O.W. WEEDS ABATED 21~000 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF SEPTEMBER, 2003 DATE LOCATION WORK COMPLETED 09/02/03 DIAZ AT RIO NEDO REPLACED W-3 00/03/03 RANCHO CALIFORNIA ROAD AT YUKON REPLACED R-7, K MARKER 09/03/03 TEMECULA VALLEY HIGH SCHOOL REPLACED W-66, W-66A 09/04/03 MEADOWS PARKWAY AT PARDUCCI REPLACED R-26-81 COMBO 09/05/03 ESMERADO COURT INSTALLED W-53A 09/08/03 CITYWIDE REPLACED 6 SIGNS 09/08/03 POOLE AT LA SERENA REPLACED R-1 09/08/03 31701 PROMENADE BORDEAUX REPLACED R-2-25 09/08/03 AREA #4 REPLACED 20 SNS 09/09/03 MARGARITA SOUTH OF RANCHO VISTA REPLACED W-41 09/09/03 AREA #4 REPLACED 16 S.N.S. 09/10/03 FRONT STREET EAST OF JEI~FIzRSON REPLACED R-2-40 09/15/03 MAIN STREET BRIDGE REPLACED N-57, 2 DELINEATORS 09/15/03 31840 TACAFIA REPLACED R- 1 09/15/03 VIA INDUSTRIAL REPLACED R-26 09/17/03 CHARDONNAY HILLS AREA REPLACED 8 S.N.S. 09/17/03 DIAZ AT LOW FLOW REPLACED "N'"MARKER 09/18/03 MARGARITA AT RANCHO CALIFORNIA ROAD REPLACED W-4! 09/19/03 YNEZ AT YNEZ COURT REPLACED R-i, R-18, S.N.S. 09/19/03 COLT AT WINCHESTER REPLACED S.N.S. 09/22/03 GEORGETOWN AT BRANDIS REPLACED S.N.S. 09/23/03 PROMENADE CHARDONNAY HILLS AT HElTZ REPLACED R-1 09/23/03 PROMENADE CHARDONNAY HILLS AREA REPLACED 30 SNS DATE LOCATION ~0'RaK COMPLETED 09/24/03 TEMEKU AT ROYAL BIRKDALE REPLACED R-1 09/24/03 TEMEKU HILLS AREA REPLACED 44 S.N.S. 09/25/03 TEMEKU HILLS AREA REPLACED 30 S.N.S. 09/26/03 SHAYNNA CIRCLE REPLACED S.N.S. 09/30/03 CORTE SONORA AT VIA LOMAS REPLACED S.N.S. 09/30/03 EAGLE POINT AT CHAMPIONS REPLACED S.N.S. TOTAL SIGNS REPLACED 175 TOTAL SIGNS INSTALLED 1 TOTAL SIGNS REPAIRED 6 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF SEPTEMBER, 2003 DATE LOCATION WORK COMPLETED 09/02/03 AREA gl REPAINTED 11 LEGENDS 09/04/03 AREA #2 REPAINTED 43 LEGENDS 09/08/03 AREA #2 REPAINTED 53 LEGENDS 09/09/03 AREA #2 REPAINTED 62 LEGENDS 09/10/03 AREA #3 REPAINTED 29 LEGENDS 09/11/03 AREA #3 REPAINTED 43 LEGENDS 09/16/03 DUCK POND INSTALLED 1,234 L.F. RED CURB 09/22/03 AREA #3 REPA1NTED 61 LEGENDS 09/23/03 SENIOR CENTER ON 6TM STREET REPAINTED 1,395 L.F. RED CURB 09/23/03 KLARER AT WALCOT REPAINTED 2 LEGENDS 09/23/03 CHARDONNAY HILLS REPAINTED 2 LEGENDS 09/24/03 AREA #2 REPAINTED 21 LEGENDS 09/25/03 AREA #2 REPAINTED 46 LEGENDS TOTAL NEW & REPAINTED LEGENDS 373 NEW & REPAINTED RED CURB & STRIPING L.F. 2~629 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF SEPTEMBER, 2003 DATE DATE WORK RECEIVED LOCATION REQUEST COMPLETED 09/02/03 43384 VIA ANGELES DEBRIS PICK-UP 09/02/03 09/03/03 43940 LEVI COURT POTHOLE 09/03/03 09/03/03 31355 RANCHO VISTA SIGN REPLACEMENT 09/03/03 09/03/03 44652 VIA LUCIDO DEBRIS PICK-UP 09/03/03 09/04/03 32113 CALLE NOVELDA DEBRIS PICK-UP 09/04/03 09/04/03 30318 MIRA LOMA SIGN REPAIR 09/04/03 09/04/03 31608 RAILROAD CANYON ROAD DEBRIS PICK-UP 09/04/03 09/05/03 26520 YNEZ ROAD FENCE REPAIR 09/05/03 09/08/03 42195 ROANOAKE STREET CATCH BASIN CLEANING 09/08/03 09/09/03 27349 JEFFERSON FENCE REMOVAL 09/09/03 09/12/03 YNEZ SOUTH OF RANCHO CALIFORNIA ROAD POTHOLES 09/12/03 09/12/03 31840 VIA TAFABIA PICK UP SIGNS 09/12/03 09/12/03 30560 AVENIDA ESTRADA POTHOLE 09/12/03 09/12/03 30030 VILLA ALTURAS RETURN WOODEN S.N.S. 09/12/03 09/12/03 42338 AGENA STREET DEAD TREE 09/12/03 09/16/03 43130 JOHN WARNER ROAD GRADING 09/i6/03 09/16/03 DEL REY AT SOLANA UTILITY BOX HIT 09/16/03 09/17/03 VIA INDUSTRIA AT ROICK DEBRIS PICK-UP 09/17/03 09/17/03 27469 COLT S.N.S. MISSING 09/17/03 09/19/03 29532 GEORGETOWN S.N.S. BENT 09/19/03 09/22/03 OVERLAND DRIVE AT YNEZ ROAD TREE TRIMMING 09/22/03 09/22/03 31490 CULBERTSON LANE GRAFFITI IN STREET 090/22/03 09/23/03 RANCHO CALIFORNIA ROAD AT MEADOWS DEAD TREES 09~23/03 09/23/03 42325 CASA VERDE S.N.S. FADED 09/23/03 09/24/03 33347 SHAYNNA CIRCLE S.N.S. REPLACEMENT 09/24/03 DATE DATE WORK RECEIVED LOCATION ~QUEST COMPLETED 09/23/03 41625 ENTERPRISE CIRCLE SOUTH STREET FAILURE 09/23/03 09/25/03 SIERRA MADRE AT PAUMA VALLEY S.N.S. MISSING 09/25/03 09/26/03 30318 VILLA VAL VERDE N.W.S. VAN DALIZEO 09/26/03 09/29/03 LA PRIMAVERA AT PAUBA ROAD TREE DOWN 09/29/03 09/29/03 31412 PASEO GOLETA TREE DOWN 09/2903 09/29/03 NICHOLAS AT WINCHESTER CIRCUS DEBRIS 09/29/03 09/29/03 42200 MAIN STREET LINE DOWN 09/29/03 09/29/03 31418 CORTE SONORA S.N.S. DOWN 09/29/03 TOTAL SERVICE ORDER REQUESTS 33