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HomeMy WebLinkAbout112503 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (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 NOVEMBER 25, 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 pdor 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. Next in Order: Ordinance: No. 2003-12 Resolution: No. 2003-167 CALL TO ORDER: Mayor Jeff Stone Prelude Music: Sheila Ryle Invocation: Minister of Outreach Mike Preston of Southwest Christian Church Flag Ceremony: Navy JROTC Unit from Chaparral High School ROLL CALL: Comerchero, Naggar, Pratt, Roberts, Stone PRESENTATIONS/PROCLAMATIONS Presentation to Councilman Pratt 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. R:~Agenda\112503 1 CERTIFICATION OF NOVEMBER 4, 2003, MUNICIPAL ELECTION 1 Declaration of Results of November 4, 2003 Election RECOMMENDATION: 1.1 Adopt a resolution entitled: RESOLUTION NO, 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 4, 2003, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW OATH OF OFFICE TO INCOMING CITY COUNClLMEMBERS Michael S. Naggar Chuck Washington RECESS THE CITY COUNCIL TO HOLD A RECEPTION IN HONOR OF SAM PRATT CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 2 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 2.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 3 Resolution approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: 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 R:~Agenda\112503 2 4 Cancellation of December 9, 2003 City Council Meetinq RECOMMENDATION: 4.1 Direct the City Clerk to cancel the regular City Council meeting of December 9, 2003, and to perform the appropriate postings and noticing requirements of the Government Code. 5 6 Temecula Citizen Corps Grant Fundinq RECOMMENDATION: 5.1 Increase estimated grant revenue by $9,277; 5.2 Appropriate $10,000 to the City Manager Department budget to employ a consultant to develop a Temecula Citizen Corps Annex to the City's Multi-Hazard Function Plan; 5.3 Appropriate $4,200 to the Police Department budget for the purchase of printed materials and supplies for the Temecula Citizen Corps. Community Service Fundinq Proqram (At the request of Mayor Stone and Mayor Pro Tem Naggar) RECOMMENDATION: 6.1 Approve a Community Service Funding Grant of $1,000 to Music Heritage; 6.2 Approve an appropriation of $1,000 from the General Fund Undesignated Fund Balance. 7 8 Approval of the Plans and Specifications for the Old Town Temecula Community Theater - Proiect No. PW02-23 - and authorization to solicit Construction Bids RECOMMENDATION: 7.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids from the prequalified contractors for the Old Town Temecula Community Theater Project - Project No. PW02-23. Acceptance of Offers of Dedication - Road and Utility Purposes for Fiesta Ranch Road (Lot E) as shown on Tentative Tract Map 29353 - Roripauqh Ranch RECOMMENDATION: 8.1 Adopt a resolution entitled: R:~Agenda\112503 3 9 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING OFFERS OF DEDICATION OF RIGHT OF WAY AS SHOWN ON TENTATIVE TRACT MAP 29353 FOR ROAD AND UTILITY PURPOSES FOR FIESTA RANCH ROAD (LOT E) AND AS OFFERED BY OWNERS OF PARCEL APN 957-340-004, 957-340-005, AND 957-340-006 BUT NOT ACCEPTING THAT PORTION OF STREET INTO THE CITY- MAINTAINED STREET SYSTEM AT THIS TIME Letter of Support of appointment of Joan Sparkman as Trustee of California Community College Board of Governors (At the request of Mayor Stone) RECOMMENDATION: 9.1 Authorize the Mayor to sign a letter urging the appointment of Joan Sparkman to the California Community College Board of Governors as a Trustee. 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:~A, genda\112503 4 Next in Order: Ordinance: No. CSD 2003-01 Resolution: No. CSD 2003-21 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Naggar, Roberts, Stone, Washington, 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 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 1 Minutes 2 RECOMMENDATION: 1.1 Approve the minutes of November 18, 2003. Approval of the Plans and Specifications and authorization to solicit Construction Bids for Proiect No. PW02-02CSD - Pablo Apis Park - Add Amenities Project RECOMMENDATION: 2.1 Approve the Construction Plans and Specifications and authorize the Department Of Public Works to solicit construction bids for Project No. PW02-02CSD - Pablo Apis Park - Add Amenities Project. R:~Agenda\112503 5 Landscape Maintenance Services Contract for parks, medians, facilities, and south slopes RECOMMENDATION: 3.1 Award a 36-month contract to Excel Landscape, Inc.; authorize the expenditure of $480,350.00 for landscape maintenance services for medians, facilities, and south slopes; and approve 15% contingency for extra work items in the amount of $72,052.00. Contract term shall commence on January 1, 2004 and continue through December 31, 2006; 3.2 Award a 36-month contract to Midori Gardens, Inc.; authorize the expenditure of $360,000.00 for landscape maintenance services for parks; and approve 15% contingency for extra work items in the amount of $54,000.00. Contract term shall commence on January 1, 2004 and continue through December 31, 2006. RECONVENE CITY COUNCIL MEETING JOINT CITY COUNCIL/TEMECULA COMMUNITY SERVICES DISTRICT PUBLIC HEARING Any person may submit written comments to the City Council/Temecula Community Services District 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. 4 Redhawk Annexation - Approval of TCSD Rates and Charqes for Service Level B (Residential Street Liqhtinq); Approval of Special Tax Ordinance for Maintenance and Servicinq of Public Parks and Recreation Facilities, Recreational and Community Services Proqrams, Median LandscapinR, Arterial Street Li.qhts and Traffic Si.qnals; Ballot Questions and Callin.q Election for Two-Thirds Voter Approval of the Taxes, Rates and Charqes RECOMMENDATION: 4.1 Hold the joint public hearings before the City Council and the Temecula Community Services District concerning the proposed rates and charges and special tax for the Redhawk Annexation Area. 4.2 That the Temecula Community Services District approve a resolution entitled: R:~Agenda\112503 6 RESOLUTION NO. CSD 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING SERVICE LEVEL B (RESIDENTIAL STREET LIGHTS) RATES AND CHARGES WITHIN THE REDHAWK ANNEXATION AREA TO BE ANNEXED TO THE TEMECULA COMMUNITY SERVICES DISTRICT AS PART OF THE REORGANIZATION DESIGNATED BY THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION AS LAFCO 2003-26-3 SUBJECT TO TWO-THIRDS VOTER APPROVAL OF VOTERS WITHIN THE REDHAWK ANNEXATION AREA 4.3 That the City Council approve the following Ordinance and Resolutions: a) Read by title only and introduce an ordinance entitled: ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA, LEVYING A SPECIAL TAX TO FINANCE THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, RECREATIONAL AND COMMUNITY SERVICES PROGRAMS, MEDIAN LANDSCAPING, ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS WITHIN THE REDHAWK ANNEXATION AREA TO BE ANNEXED TO THE CITY OF TEMECULA AS PART OF THE REORGANIZATION DESIGNATED BY THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION AS LAFCO 2003-26-03 SUBJECT TO A TWO-THIRDS VOTER APPROVAL OF VOTERS WITHIN THE REDHAWK ANNEXATION AREA 4.4 a) Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, REQUESTING THE SERVICES OF THE COUNTY REGISTRAR OF VOTERS TO CONDUCT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 2, 2004 b) Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 2, 2004, FOR THE PLACEMENT OF A SPECIAL MEASURE R:~,genda\112503 7 c) Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING, CALLING AND GIVING NOTICE OF AN ADVISORY ELECTION AND A SPECIAL ELECTION TO BE HELD WITHIN THE TERRITORY TO BE ANNEXED TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT AS PART OF THE REORGANIZATION DESIGNATED AS LAFCO NO. 2003-26-3 (REDHAWK) ON TUESDAY, MARCH 2, 2004, FOR SUBMISSION TO THE VOTERS OF MEASURES RELATING TO THE ANNEXATION OF SUCH TERRITORY, THE LEVY OF A SPECIAL TAX WITHIN SUCH TERRITORY, AND THE ADOPTION OF RATES AND CHARGES WITHIN SUCH TERRITORY; AND REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE CONSOLIDATE SUCH ADVISORY ELECTION AND SPECIAL ELECTION WITH THE CONSOLIDATED PRIMARY ELECTION OF THE COUNTY TO BE HELD ON THAT DATE d) Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS AND CITY ATTORNEY'S IMPARTIAL ANALYSIS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS RECESS CITY COUNCIL MEETING DISTRICT BUSINESS 5 Namin.q of Harveston Community Park RECOMMENDATION: 5.1 Approve the name Harveston Community Park for a 19.5-acre park site in the Harveston Development as recommended by the Community Services Commission. 8 GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS DEPARTMENTAL REPORT R:~Agenda\112503 DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES REPORT ADJOURNMENT Next regular meeting: Tuesday, December 16, 2003, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~,genda\112503 9 TEMEcULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 2003-01 Resolution: No. RDA 2003-17 CALL TO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: Comerchero,Naggar, Stone, Washington, Roberts PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item 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 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of November 18, 2003. DEPARTMENTAL REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, December 16, 2003, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~.genda\112503 10 Next in Order: Ordinance: No. TPFA 2003-03 Resolution: No. TPFA 2003-27 CALL TO ORDER: Chairperson Jeff Stone ROLL CALL AGENCY MEMBERS: PUBLIC COMMENTS Comerchero, Naggar, Roberts, Washington, Stone 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.~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 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of October 28, 2003. RECONVENE CITY COUNCIL 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. R:~Agenda\112503 11 PUBLIC HEARING Formation of Temecula Public Financinq Authority Community Facilities District No. 03-06 (Harveston II) RECOMMENDATION: 2.1 That the City Council hold a public hearing regarding the proposed bond financing by the Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II) of various public improvements and as necessary to eliminate a special assessment lien, 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 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING JOINT COMMUNITY FACILITIES AGREEMENT RELATING TO THE FINANCING OF PUBLIC IMPROVEMENTS AND IMPLEMENTATION OF ACQUISITION AGREEMENT 2.2 That the Public Financing Authority hold public hearings regarding the formation of the proposed Temecula Public Financing Authority Community Facilities District No. 03~06 (Harveston II) (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. 03-06 (HARVESTON II), 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\112503 12 2.3 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. 03-06 (HARVESTON II) AND SUBMI'I-I'ING 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. 03-06 (HARVESTON II) 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 2.4 That the Public Financing Authority read by title only and introduce 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. 03-06 (HARVESTON II) RECESS CITY COUNCIL MEETING EXECUTIVE DIRECTOR'S REPORT BOARD MEMBERS' REPORTS ADJOURNMENT R:~Agenda\112503 13 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 Amendment of the Temecula Reqional Center Specific Plan to establish re,qulations governing temporary uses in parking lots of the Promenade Mall (40820 Winchester Road) - Plannin,q Application No. PA02-0522 RECOMMENDATION: 10.1 Approve the amendment of the Temecula Regional Center Specific Plan to establish regulations governing temporary uses in parking lots of the Promenade Mall. COUNCIL BUSINESS 11 Donation to Temecula Pop Warner Cheerleadin,q Squad (At the request of Mayor Stone) RECOMMENDATION: 11.1 Consider approval and allocation of up to $1,000 to assist Temecula Pop Warner Cheerleading Squad members in attending the national championship competition. 12 Appointment of an Ad Hoc Council Subcommittee to review the Campus Project RECOMMENDATION: 12.1 Appoint two members of the City Council to serve on an Ad Hoc Council Subcommittee for the purpose of reviewing the Campus Project. DEPARTMENTAL REPORTS CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular City Council meeting, Tuesday, December 16, 2003, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\112503 14 PROCLAMATIONS AND PRESENTATIONS ITEM 1 APPROVAL CITY ATTORNEY DIRECTOR OF FIN~ CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council --~usan W. Jones ity Clerk/Director of Support Services November 25, 2003 Declaration of Results of November 4, 2003 Election RECOMMENDATION: 1. Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 4, 2003, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW BACKGROUND: The General Municipal Election, held on November 4, 2003, was conducted as provided for in City Council Resolution No. 03-65, adopted on June 10, 2003. The attached resolution recites the facts as to the canvass of the retums and certified final results. The attached resolution is prepared to formalize the process of declaring the results as provided by the Elections Code of the State of California. FISCAL IMPACT: To be determined, upon receipt of final billing from the County of Riverside, Registrar of Voters. A budget allocation in the amount of $85,000 has been set aside to defray these costs. ATTACHMENTS: Resolution No. 03- R:Agenda Rpts/Elecllon Results.O3 1 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2003, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Temecula, California, on Tuesday, November 4, 2003, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California; and WHEREAS, pursuant to Resolution No. 03-65, adopted on June 10, 2003, the County Registrar of Voters canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A." NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the whole number of ballots cast in the City, including absent voter ballots, were 30,298. Section 2. That the names of persons voted for at the election for Member of the City Council are as follows: Mike Naggar Sam Pratt Chuck Washington Greg Morrison Henry Miller Section 3. That the number of votes given at each precinct and the number of votes given in the city to each of the persons above named for the offices for which the persons were candidates was as listed in Exhibit "A" attached. Section 4. The City Council does declare and determine that Mike Naggar and Chuck Washington were elected Members of the City Council for a full term. Section 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; (4) The number of votes given at each precinct to each person; (5) The total number of votes given to each person. R:/Resos Cer[ify Election03 1 Section 6. That the City Clerk shall immediately make and deliver to each person so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. Section 7. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 25th day of November, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] 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 25th day of November, 2003, by the following roll call vote. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos Certify Election03 2 MISCHELLE TOWNSEND Registrar of Voters REGISTRAR OF VOTERS COUNTY OF RIVERSIDE 2724 Gateway Drive Riverside, CA 92507-0918 (909) 486-7200 FAX (909) 486-7272 web site www.voteinfo.net CERTIFICATE OF REGISTRAR OF VOTERS TO THE RESULTS OF THE CANVASS OF ELECTION RETURNS State of California ) ) ss. County of Riverside ) I, MISCHELLE TOWNSEND, Registrar of Voters of said County, do hereby certify that, in pursuance of the provisions of Sections 307, 15301, and 15372 of the California Elections Code, and the resolution adopted by the City Council, I did canvass the returns of the vote cast on November 4, 2003, as part of the Consolidated General Election in the CITY OF TEMECULA and I further certify that the statement of votes cast, to which this certificate is attached, shows the whole number of votes for each candidate for elective office at said election in said City and in each precinct therein, and that the totals as shown for each candidate are full, true, and correct. Dated this 14th day of November 2003 MlSCHEL..bE TOWNSEND "~ Registrar of Voters 11/14t03 10:30 nM RIVERSIDE COUNTY Statement of Vote 112 of November 4, 2003 CONSOLIDATED ELECTION TEMECULA CITY COUNCIL MEMBER (2) 100034 ° i~ ~ ~ ~ufficent~umo~to~V~rP~a~ 11114/03 10:30 AM RIVERSIDE COUNTY Statement of Vote tt3 of 152 November 4, 2003 CONSOLIDATED ELECTION ***Grand Totals TEMECULA CITY COUNCIL MEMBER (2) 100034 o ~ - 1 t114/03 10:30 AM RIVERSIDE COUNTY Statement of Vote t 14 of 152 November 4, 2003 CONSOLIDATED ELECTION "*Absentee Totals TEMECULA CITY COUNCIL MEMBER (2) 100034 ~ =. o ~~ z 64th A~sembly District ~ ~ 10.2, ITEM 2 ITEM 3 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 $799,447.12. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 25th day of November, 2003. A']-I'EST: 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 TEMEOULA ) 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 25th day of November, 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2003/Resos 03- 2 CITY OF TEMECULA LIST OF DEMANDS 11/13/03 TOTAL CHECK RUN: TOTAL LIST OF DEMANDS FOR 11/25/03 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 165 190 192 193 194 210 261 280 3OO 310 32O 33O 34O 470 GENERAL FUND RDA DEV-LOW/MOD SET ASIDE COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D CAPITAL IMPROVEMENT PROJ. FUND CFD 88-12 ADMIN EXPENSE FUND REDEVELOPMENT AGENCY-CIP INSURANCE FUND VEHICLES FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES CFD 01-2 ADMIN/DEBT SVC FUND 100 165 190 192 193 194 28o 3o0 320 33O 340 GENERAL FUND RDA-LOW/MOD SET ASIDE COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D REDEVELOPMENT AOENCY~ClP INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TOTAL BY FUND: GJ~IE ROBERTS, DIRECTOF~ OF-FINANCE $ $ 303,953.13 12,747.20 73,731.02 38,168.72 9,643.88 227.12 295,867.84 2,899.15 18,257.00 7,782.77 19,639.59 6,057.17 5,963.39 2,500.00 $ $ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. 799,447.12 799,447,12 799.447.12 0.00 799,447.12 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. SHAWN NELSON, CITY MANAGER CITY OF TEMECULA LIST OF DEMANDS 11/1~03 TOTAL CHECK RUN: TOTAL LIST OF DEMANDS FOR 11/25/03 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: o01 165 190 192 193 194 210 261 28O 3O0 310 320 33o 340 47o GENERAL FUND RDA DEr-LOW/MOD SET ASIDE COMMUNITY CERVICEC DISTRICT TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D CAPITAL IMPROVEMENT PROJ. FUND CFD 88-12 ADMIN EXPENSE FUND REDEVELOPMENT AGENCY-CIP INSURANCE FUND VEHICLES FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES CFD 01-2 ADMIN/DEBT SVC FUND $ 303,953.13 12,747.20 73,731 38,168.72 100 GENERAL FUND 165 RDA-LOW/T~3D SET ASIDE 190 COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 280 REDEVELOPMENT AGENCY-CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOT/~L BY FUND: SHAWN NELSON, CITY MANAGER $ HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. 799,447.12 799,447.12 799,447.12 0.00 799,447.12 apChkLst Final Check List Page: 10 11113/2003 3:22:08PM CITY OF TEMECULA 133 checks in this report. Grand Total All Checks: 799.447.12 Detail 11/13/2003 001 303,953.13 165 12,747.20 190 73,731.02 192 38,168.72 193 9,643.88 194 227.12 210 295,867.84 261 2,899.15 280 18,257.00 300 7,782.77 310 19,639.59 320 6,057.17 330 2,009.14 340 5,963.39 470 2,500.00 799,447.12 Page:10 apChkLst Final Check List Page: 1 1111312003 3:22:08PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 87997 11/13/2003 004858 19TH HOLE GOLF CARTS 87998 11/13/2003 005277 2 H CONSTRUCTION INC 87999 11/13/2003 006641 AFFORDABLE IMPORTS 88000 11/13/2003 Description Police golf cart repaim Sept prgs: Children's Museum Refund: Spo~ts - BB Mens League 001916 ALBERT A WEBB ASSOCIATES Consultant svcs:03/04 Weed Oct Consulting:CFD 01-2 admin Oct Ccnsulting:CFD 88-12 Admin Consulting:CFD 88-12 sales tax reimb 88001 11/13/2003 004240 AMERICAN FORENSlC NURSES Police DUI Drug & AlcohoI Screening Police DUI Drug & Alcohol Screening 88002 11/13/2003 004446 AMERICAN SOClETY OF CIVIL Membership:GregButlerMB2412044 88003 11/13/2003 000101 APPLE ONE, INC. Temp help PPE 10/25 Hare Temp help PPE 10/25 Delarm Temp help PPE 10/25 Lee 88004 11/13/2003 004081 BUSINESS FURNITURE GROUP Refund: Sports - BB Mens League 88005 11/13/2003 002099 BUTTERFIELDENTERPRISES 88006 11/13/2003 004621 C-181NC 88007 11/13/2003 007040 CAFE BRAVO COFFEE ROASTI 88008 11/13/2003 003138 CALMAT Nov Old Town Bathroom lease Street Striping Project Refund: Sports - BB Mens League PW patch truck materials 88009 11/13/2003 000638 CALIFDEPTOFCONSERVATIO 20033stQtrpmt:strongmotion 88010 11/13/2003 000647 CALIFDEPTOFCONSUMERA Membership:GregButler47109 88011 11/13/2003 88012 11/13/2003 88013 11/13/2003 000152 CALIF PARKS & RECREATION S Membership: Bruce Wedeking 032249 000152 CALIFPARKS&RECREATIONS Award Entry fee: Neighbor/Comm Life 000152 CALIF PARKS & RECREATION S Award EntPJ Fee: Logo Amount Paid 58.50 31,948.56 50.00 5,000.00 2,500.00 1,500.00 1,250.00 60.00 58.90 450.00 457.60 238.68 208.00 50.00 826.00 39,380.26 50.00 1,864.38 8,174.38 150.00 125.00 40.00 40.00 Check Total 58.50 31,948.56 50.00 10,250.00 118.90 450.00 904.28 50.00 826.00 39,380.26 50.00 1,864.38 8,174.38 150.00 125.00 40.00 40.00 Page~ apChkLst Final Check List Page: 2 11/13/2003 3:22:08PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date 88014 11/13/2003 88015 11/13/2003 88016 11/13/2003 88017 11/13/2003 88018 11/13/2003 88019 11/13/2003 88020 11/13/2003 88021 11/13/2003 88022 11/13/2003 88023 11/13/2003 88024 11/13/2003 88025 11/13/2003 88026 11/13/2003 88027 11/13/2003 88028 11/13/2003 88029 11/13/2003 88030 11/13/2003 88031 11/13/2003 (Continued) Vendor Description 000152 CALIF PARKS & RECREATION S Award Entry fee:Mrktg Theme 001655 CAMERON WELDING SUPPLY 004228 CAMERON WELDING SUPPLY 006075 CAMPBELL, KENTON SCOTT 007066 CENTRAL COMPUTER SYSTEM EE computer purchase prgm 004602 CHALLENGER DOORIS 004837 CHERRYVALLEY FEED & PET 007062 CLARITAS INC. 001193 COMP U S A INC 000447 COMTRONIX OF HEMET 007070 COSMOS, CARMELLA Amount Paid Check Total Welding & Gas supplies: PW Helium tanks refilI:TCSD TCSD instructor earnings 40.00 40.00 185.72 185.72 20.00 20.00 658.00 658.00 1,147.67 1,147.67 Res Imp Prgm: Brittingham, R&S Police K-9 Supplies "Kaos" City's demographic snapshot report Misc. Computer Supplies: IS Hand Held Mobile Batteries: PW 1st place Gardner story contest 003739 COTTON BRIDGES ASSOCIATE Aug-Oct general plan update svcs 725.00 725.00 59.80 59.80 102.36 102.36 171.97 171.97 144.39 144.39 200.00 200.00 001009 DBXINC 003272 DAISY WHEEL RIBBON 001393 DATATICKETINC 007012 DEAKINS, CASEY MICHAEL 003006 DEWITT CUSTOM PAINTING 004192 DOWNS COMMERCIAL FUELI Oct prgs: Tdf Monitoring system Plotter Paper and Ink for GIS Sept parking citation processing svcs Entertainment: Mystery Wkend Event Res Imp Prgm: Bdttingham, R&S Fuel for city vehicles: TCSD 61343 Fuel for city vehicles: B&S 61348 Fuel for city vehicles: City Van 61349 15,208.95 15,208.95 251,533.80 251,533.80 2,144.35 2,144.35 140.00 140.00 200.00 200.00 2,300.00 2,300.00 823.54 399.63 74.03 1,297.20 Page2 apChkLst Final Check List Page: 3 11/13/2003 3:22:08PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 88032 11/13/2003 88033 11/13/2003 88034 11/13/2003 88035 11/13/2003 88036 11/13/2003 88037 11/13/2003 88038 11/13/2003 88039 11/13/2003 88040 11/13/2003 001669 DUNN EDWARDS CORPORATI 001380 E S I EMPLOYMENT SERVICES 006746 ECONOMICS, INC 003223 EDAW INC 007037 ELIZONDO, LUIS 002438 ENGEN CORPORATION 000478 FAST SIGNS 000165 FEDERAL EXPRESS INC (Continued) Description Supplies for graffiti removal Temp help PPE 10/31 Heer Temp help PPE 10/31 Jones Temp help PPE 10/31 Kanigewski Temp herp PPE 10/31 Bragg Temp help PPE 10/31 Montecino Temp help PPE 10/31 Sen9 Temp help PPE 10/31 Cammamta Sept consulting svcs for trash Biological Monitoring:Lg Cyn Basin Refund: Sports - BB Mens League Aug 03 Geotech svcs: C. Museum Citywide household hazardous banner Museum exhibit supplies Museum exhibit supplies Express mail services Express mai] services 003347 FIRST BANKCARD CENTER 004092 H I S INTERNATIONAL TOURS I JS Airfare:R.Roberts:Sister Cities 007054 BUILDING INDUSTRYASSOC. B JS Octoberfest Event:9/24:J.Stone 007064 DAILY GRILL 001135 FIRST CARE INDUSTRIAL MED 88041 11/13/2003 88042 11/13/2003 004239 FISHERMERRIMANSEHGAL 88043 11/13/2003 006531 FORMOE, GARY 88044 11/13/2003 001989 FOXNET~NORKSYSTEMSINC 88045 11/13/2003 000170 FRANKLINQUESTCOMPANYI 88046 11/13/2003 007068 FROST, RACHAEL JS Travel meal at LAX airport Employee physicals and drug testing Architectual Design:Theater Reimb: JCBO certification renewal Misc Computer Supplies: IS Day timer supplies - P~N Reimb:Gang Task Force Cf:10/21-24 Amount Paid 131.37 2,593.73 1,546.86 1,478.40 1,447.60 1,268.00 1,218.83 1,201,85 350.00 415.00 50.00 990.00 227.12 187.25 30.96 206.51 189.97 619.43 45.00 20.00 265.00 273.38 185.00 135.76 1,099.38 517.61 Check Total 131.37 10,755.27 350.00 415.00 50.00 990.00 445.33 396.48 684.43 265.00 273.38 185.00 135.76 1,099.38 517.61 Page3 apChkLst Final Check List Page: 4 11/13/2003 3:22:08PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 88047 11/13/2003 000177 GLENNIES OFFICE PRODUCTS 88048 11/13/2003 007069 GRAY, DARIN 88049 11/13/2003 006569 GREYSTONE HOMES 88050 11/13/2003 002174 GROUP 1 PRODUCTIONS 88051 11/13/2003 004053 HABITATWESTINC 88052 11/13/2003 88053 11/13/2003 88054 11/13/2003 88055 11/13/2003 000186 HANKS HARDWARE INC 002372 HARMON, JUDY 007038 HART, GENE 006250 HAZ MAT TRANS INC 88056 11/13/2003 88057 11/13/2003 88058 11/13/2003 88059 11/13/2003 88060 11/13/2003 88061 11/13/2003 (Continued) Description Minute Clerk recorder & transcriber Office Supplies: Finance Office supplies: PW Office Supplies: City Manager Office Supplies: Police Office Supplies: Inf Sys Office Supplies: Copy Center Office Supplies: HR Office Supplies: Eco Devel Reimb:CSAIA Conf:10/6-10/03 Refund:Overpmt TM23143-10 Video recording of Gardner event Lg Cyn Detention Basin Maint agrmt Hardware supplies: City Hall Hardware supplies: B&S TCSD instructor earnings Refund: Spor~s - BB Mens League Hazardous Waste Dispesal Svcs 002126 HILLYARDFLOORCARESUPPL Floor care & suppry: CRC gym 003622 I C M A - MEMBERSHIP 004179 INTERNATIONAL EZ-UP 003266 IRON MOUNTAIN OFFSITE 001186 IRWIN, JOHN 003046 K F R O G 95.1 FM RADIO Membership: Grant Yates 265743 Canopy for recreation Records mgmt microfilm storage unit TCSD instructor earnings Mystery Weekend Broadcasting Svcs Howloween Broadcasting Svcs Mystery Weekend Broadcasting Svcs Amount Paid 664.78 594.93 406.04 243.92 65.15 46.08 45.90 16.49 13.44 767.59 150.00 200.00 504.16 253.88 59.06 264.00 50.00 2,442.48 173.22 816.58 1,475.00 390.25 376.00 775,00 750.00 225.00 Check Total 2,096.73 767.59 150.00 200.00 504.16 312.94 264.00 50.00 2,442.48 173.22 816.58 1,475.00 390.25 376.00 1,750.00 PageA Final Check List Page: 5 CITY OF TEMECULA apChkLst 11/13/2003 3:22:08PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 88062 11/13/2003 88063 11/13/2003 88064 11/13/2003 88065 11/13/2003 88066 11/13/2003 88067 11/13/2003 88068 11/13/2003 88069 11/13/2003 003054 LYNDE ORDWAY 88070 11/13/2003 004068 MANALILI, AILEEN 007036 KEB, HENRY 002424 KELLEY DISPLAY INC 001091 KEYSER MARSTON ASSOClAT 004999 KREIS, RICHARD 006744 LAMAR CORPORATION, THE 006933 LEE FIRE PROTECTION INC (Continued) Description Amount Paid Check Total 88071 88072 11/13/2003 006461 MARIPOSA HORTICULTURAL 88073 11/13/2003 000220 MAURICE PRINTERS INC 88074 11/13/2003 001924 MAXIMUS INC 88075 11/13/2003 006571 MELODY'S AD WORKS 88076 11/13/2003 88077 11/13/2003 88078 11/13/2003 Refund: Sports - BS Mens League Holiday Candle Banners:Eco Devel Oct svcs:Affordable housing Oct s~s:OId Town Development Prjt Refund: Security deposit Oct billboard change-outs Fac Imp Prgm:Salon & Day Spa 003286 LIBRARY SYSTEMS & SERVICE Oct svcs-library system agrmt Oct svcs-library system agrmt Repair paper drill in Copy Center TCSD Instructor Earnings TCSD Instructor Earnings 11/13/2003 001967 MANPOWER TEMPORARY SER TempHelpw/e13/19Dankworth Temp Help w/e 11/02 Dankworth Temp Help w/e 10/26 Dankworth Sept Ldscp Svcs:Parks High Country Magazines:Museum Scanning Photos/Brechures:Ecoe Dev May-Oct User Fee Study Update Old Town Holiday Promotions Reimb Expenses:Halloween Reimb Expenses:E.S.G. Event 004894 MICHAEL BRANDMAN ASSOClA Sep Prof Svcs:Pechanga Ph 2 001384 MINUTEMAN PRESS Business Cards:K. Harrington 004534 MOBILE SATELLITE VENTURES Nov EOC Satellite Stn Phone Svcs 50.00 50.00 176.21 176.21 4,608.77 356.25 4,965.02 100.00 100.00 495.00 495.00 8,000.00 8,000.00 11,042.34 1,241.48 12,283.82 136.90 136.90 462.00 336.00 798.00 658.40 658.40 526.72 1,843.52 21,935.89 21,935.89 2,782.11 188.56 2,970.67 12,000.00 12,000.00 2,500.00 236.97 71.17 2,808.14 3,313.80 3,313.80 114.86 114.86 70.81 70.81 Page5 apChkLst 11113/2003 3:22:08PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 88079 11/13/2003 88080 11/13/2003 88081 11/13/2003 88082 11/13/2003 004128 MORAMARCO, ANTHONY J. 000437 MORELAND & ASSOCIATES 005784 OLD TOWN RECORDS 002105 OLD TOWN TIRE & SERVICE 88083 11/13/2003 002668 OMEGA LAKE SERVtCES 88084 11/13/2003 003218 PELA 88085 11/13/2003 007067 PETRIE, MICHAEL E. 88086 11/13/2003 000249 PETFY CASH Final Check List CITY OF TEMECULA (Continued) Description Refund: Sports - BB Mens League Govt Acct Tm:Domenigoni:01/14/04 Refund: Sports - BB Mens League City vehicle maintJrepair svcs City vehicle mainYrepair svcs City vehicle maint~repair svcs City vehicle maint/repair svcs City vehicle maintJrepair svcs Oct Duck Pond water maint, svcs Oct plan check svcs:Pranning 3rd Place/E.S.G. Contest Petty cash reimbumement 88087 11/13/2003 000580 PHOTO WORKS OF TEMECULA Oct Photo/Film Develop:TCSD 88088 11/13/2003 002185 POSTMASTER-TEMECULA 88089 11/13/2003 88090 11/13/2003 88091 11/13/2003 88092 11/13/2003 002579 POTAMUS PRESS 005800 PREIMSBERGER, DUANE 001364 R C P BLOCK & BRICK INC 000262 RANCHO CALIF WATER DIST 88093 11/13/2003 88094 11/13/2003 88095 11/13/2003 002654 RANCHO FORD LINCOLN 004584 REGENCY LIGHTING 002412 RICHARDS WATSON & P.O. Box Fee for Police Dept Inspsction Request Books:Land Dev 2nd Place/E.S.G. Contest Graffiti Removal Supplies: Parks Various water meters Various water metem Various water metem 2004 Ford Ranger Truck:TCSD West Wing Electrical Supplies Sept 2003 legal services Oct 2003 legal services Amount Paid 50.00 125.00 50.00 366.13 281.04 259.08 196.84 179.43 769.50 13,818.00 50.00 551.02 214.78 410.00 316.95 100.00 607.71 24,011.25 1,191.69 91.13 19,639.59 201.19 147,550.71 1,204.00 Page: 6 Check Total 50.00 125.00 50.00 1,282.52 769.50 13,818.00 50.00 551.02 214.78 410.00 316.95 100.00 607.71 25,294.07 19,639.59 201.19 148,754.71 Page~ apChkLst 11113/2003 3:22:08PM Bank: union UNION BANKOFCAMFORNIA Check # Date Vendor 88096 11/13/2003 001309 RUSE, PHYLLIS 88097 11/13/2003 000277 S&SARTS&CRAFTSINC 88098 11/13/2003 003843 SCREEN DOCTOR, THE 88099 11/13/2003 005997 SERANELLA, BARBARA 88100 11/13/2003 88101 11/13/2003 88102 11/13/2003 000537 SO CALIF EDISON Final Check List CITY OF TEMECULA (Continued) Description Reimb:Library Hearing:l 0/27-28 Amount Paid Tiny Tots Prgm Supplies 211.78 22.54 Res Imp Prgm: Brittingham Credit:Owner Paid Sales Tax Narrator @ Ede Stanley Gardner Even 000645 SMART & FINAL INC ee Luncheon Supplies High Hope Program Supplies 000722 SO CALF ASSN CODE ENF.OFF 2004 membemhip:J.Grove 2004 membemhip:M.Parker 2004 membership:T. Cole 2004 membership:J.Voshall 2004 membership:M.Ching Nov 2-01-202-7330 Var. Street Lamps Nov 2-01-202-7603 Var. Street Lamps Nov 2-02-351-5281 CRC Nov 2-00-987-0775 Vail Ranch Oct 2-05-791-8807 Various Mtrs Nov 2-06-105-0654 various mtm Nov 2-22-417-8772 Rancho Vista Nov 2-23-548-1975 Various Mtm 170.93 -11.83 250.00 88103 11/13/2003 001212 SO CALIF GAS COMPANY 88104 11/13/2003 006640 SOLID INTEGRATION 88105 11/13/2003 000519 SOUTH COUNTY PEST 88105 11/13/2003 000293 STADIUM PIZZA 88107 11/13/2003 006145 STENOSOLOUTIONS 88108 11/13/2003 006465 TEMECULA AUTO REPAIR 88109 11/13/2003 000168 TEMECULA FLOWER CORRAL Nov 091-024-9300-5 CRC 62.35 55.95 50.00 50.00 50.00 50.00 50.00 34,624.65 9,762.87 6,013.04 4,645.43 2,398.96 1,489.08 1,273.09 30.40 1,878.78 Refund: Sports - BB Mens League 50,00 Oct Pest Control Svcs:Sr Ctr Oct Pest Control Svcs:Caboose Refund: Sports - BS Mens League 195.00 29.00 50.00 Oct Transcription Svcs:Police 1,820.16 Smog Check:Code Enfom. Vehicle 70.00 Sunshine Fund 165.76 Page: 7 Check Total 211.78 22.54 159.10 250.00 118.30 250.00 60,237.52 1,878.78 50.00 224.00 50.00 1,820.16 70.00 165.76 Page~ apChkLst Final Check List Page: 8 11/13/2003 3:22:08PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 88110 11/13/2003 88111 11/13/2003 000307 TEMECULATROPHY COMPAN 000306 TEMECULAVALLEY PIPE&SU (Continued) Description Commission/Committee Recogn awr Plaques for Skaters Challenge:lO/11 Nameplate:Sgt. Mike Pino Irrigation Supplies for Slopes Amount Paid Check Total 606.09 172.40 8.08 786.57 170.62 170.62 88112 11/13/2003 004274 TEMECULA VALLEY SECURITY Var. Parks Locksmith Svcs 13.47 13.47 88113 11/13/2003 007039 THOMPSON, RON Refund: Sports - BB Mens League 50.00 50.00 88114 11/13/2003 88115 11/13/2003 88116 11/13/2003 006192 TRISTAFF GROUP 005592 T~NINING LABORATORIES 002065 UNISOURCE Temp Help w/e 11/02 Bradley Temp Help w/e 10/26 Bradley Sept Svcs:Soundwall Imprv Credit;Incorrect Bill Rates Paper Supplies for City Mgr's Dept 520.00 312.00 832.00 3,241.16 -138.00 3,103.16 1,957.96 1,957.96 88117 11/13/2003 004981 UNISOURCE SCREENING & 10/16-31 Background Screening Svcs 221.50 221.50 88118 11/13/2003 006637 VCACODEGROUP 88119 11/13/2003 004504 VAIL RANCH SELF STORAGE Sept Plan Check Svcs:B&S Dept Aug Plan Check Svcs:B&S Dept Jul Plan Check Svcs:B&S Dept Oct Plan Check Svcs:B&S Dept Nov off-site storage:Records Mgmt 13,790.28 7,985.54 4,513.26 4,286.14 30,575.22 67.00 67.00 88120 11/13/2003 004261 VERIZONCALIFORNIA 88121 11/13/2003 004279 VERIZON CALIFORNIA INC. 88122 11/13/2003 004789 VERIZONINTERNETSOLUTION Oct xxx-5029 general usage Oct xxx-1999 general usage Oct xxx-5509 general usage Oct xxx-1540 O.T. Parking Lot Oct xxx-0049 general usage Oct x;<x-5780 general usage Oct xxx-5840 general usage Oct xxx-2629 Naggar Oct xxx-1269 Pratt Oct xxx-2730 Elevator Oct xxx-2870 911 Auto Dialer Oct access-CRC phone line Oct access-Rvsd Co phone line Nov Intemet svcs/EOC backup/Sl~ 84 684.17 238.27 147.11 90.49 32.53 31.84 31.84 30.17 29.87 29.62 29.51 349.44 273.00 69.95 1,375.42 622.44 69.95 Page~ apChkLst Final Check List Page: 9 11113/2003 3:22:08PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 88123 11/13/2003 88124 11/13/2003 006612 WEATHERPROOFING TECH, I 005804 WELLS FARGO BANK 88125 11/13/2003 005804 WELLS FARGO BANK 88126 11/13/2003 005804 WELLS FARGO BANK 88127 11/13/2003 88128 11/13/2003 88129 11/13/2003 002097 WESTERN HIGHWAY PRODUC 002109 WHITE CAP INDUSTRIES INC 004829 WILSON GROUP LLC, THE (Continued) Description Amount Paid Check Total Patch/Repair Svcs:City Hall 2,980.00 Patch/Repair Svcs:Sr Ctr 1,660.00 1st Place/E.S.G. Contest 50.00 2nd place/E.S.G. Contest 37.50 3rd Place/E.S.G. Contest 25.00 40 Solar Powered Barricade Flashers 1,206.80 Maintenance Supplies for PW 1,114.48 Nov State Lobbyist Svcs 3,500.00 Sub total for UNION BANK OF CALIFORNIA: 4,640.00 50.00 37.50 25.00 1,206.80 1,114.46 3,500.00 799,447.12 Page~ ITEM 4 APPROVAL CITY ATTORNEY DIRECTOR OF FIN/~CfE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City ManagedCity Council FROM: ~¢~-'Susan W. Jones - U City Clerk/Director of Support Services DATE: November 25, 2003 SUBJECT: Cancellation of December 9, 2003 City Council Meeting RECOMMENDATION: Direct the City Clerk to cancel the regular City Council Meeting of December 9, 2003, and to perform the appropriate postings and noticing requirements of the Government Code. BACKGROUND: Several members of the City Council will be attending the National League of California Cities Annual Conference in Nashville, Tennessee, December 9th through Saturday, December 13, 2003. As a result, there will not be a quorum for the meeting of December 9, 2003. Staff would recommend that this meeting be cancelled. FISCAL IMPACT: None Agenda Reports/Meeting Schedule 1 ITEM 5 APPROVAL CiTY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Grant Yates, Assistant to the City Manager November 25, 2003 Temecula Citizen Corps Grant Funding PREPARED BY: Ashley Jones, Management Assistant RECOMMENDATION: That the City Council: 1. Increase estimated Grant Revenue by $9,277. 2. Appropriate $10,000 to the City Manager Depadment budget to employ a consultant to develop a Temecula Citizen Corps Annex to the City's Multi-Hazard Function Plan. 3. Appropriate $4,200 to the Police Department budget for the purchase of printed materials and supplies for the Temecula Citizen Corps. BACKGROUND: The City of Temecula has been active in seeking grant funding to enhance the City's Emergency Management Program as well as the Temecula Citizen Corps. Recently, the City was awarded $10,000 in grant funding to develop an annex for the Temecula Citizen Corps to the City's Multi-Hazard Function Plan. Of the awarded $10,000 in funding, $4,923 has been received to date. This grant will allow for the Citizen Corps Program to be fully incorporated into the City's Emergency Management Plan and will allow for the City to compete for additional grant funding in the future. The grant to develop the Citizen Corps Annex can be attributed to the fact that the Temecula Citizen Corps Program is fully operational. In addition, the City of Temecula has been awarded $4,200 in Citizen Corps program grant funding from the Federal Emergency Management Agency (FEMA) to be used to purchase much needed printed material and supplies for the program. FISCAL IMPACT: Since $4,923 has already been received in June 2003, the General Fund Grant Revenues will be increased by $9,200 and will offset the appropriation of $10,000 to the City Manager Department Budget (line item 001-110-999-5278) and $4,200 to the Police Department Budget (line item 001-170-999-5374). R:'tASH L EYS~Slaff Reports~TCC Grant Funding - Annex.doc ITEM 6 APPROVAL CiTY ATTORNEY DIR.OF FINANCE CITY MANAGER CITY OFTEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City ManagedCity Council Genie Roberts, Director of Finance~'" November 25, 2003 Community Service Funding Program (Placed on the agenda at the request of Mayor Stone and Mayor Pro Tem Naggar) RECOMMENDATION: That the City Council: 1. Approve a Community Service Funding grant of $1,000 to Music Heritage 2. Approve an appropriation of $1,000 from the General Fund Undesignated Fund Balance BACKGROUND: The City Council appointed Mayor Jeff Stone and Mayor Pro Tem Mike Naggar to the 2003-04 Community Service Funding Program Ad Hoc Committee to allocate grant funds to non-profit organizations that provide community services to the citizens of Temecula. On October 22, 2003, the City Council approved Community Service Funding to 43 non-profit organizations in an amount of $128,000. However, at that time, funding to Music Heritage was not included in the recommendation. The Ad Hoc Committee would like to fund Music Heritage in an amount of $1,000 for their Youth String Competition and String Ensemble. FISCAL IMPACT: Funding of this grant will require an appropriation of $1,000 from the General Fund undesignated Fund Balance. ITEM 7 TO: FROM: DATE: SUBJECT: APPROVAL J~//,~ CITY ATTORNEY ~-~--/--/--/--/--/--/--/--~ II DIRECTOROF FINANCE[~ II CITY OF TEMECULA AGENDA REPORT City Manager/City Council /~..~illiam G. Hughes, Director of Public Works/City Engineer November 25, 2003 Approval of the Plans and Specifications for the Old Town Temecula Community Theater, Project No. PW02-23, and Authorization to Solicit Construction Bids PREPARED BY: Greg Butler, Principal Engineer David McBride, Senior Engineer RECOMMENDATION: That the City Council approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids from the pre-qualified contractors for the Cid Town Temecula Community Theater Project, Project No. PW02-23. BACKGROUND: The Old Town Community Theater will provide seating for over 300 people with an orchestra pit, scene shop, loading dock, storage, dressing rooms, offices, classrooms, and dance studio/rehearsal room. In addition, the project will complete the interior of the existing Mercantile Building, site walkways and hardscape improvements, a concession and restroom structure, site landscaping, and a 22-space parking lot. Because of the size and complexity of the project it requires contractors that have recent proven experience in the construction of large-scale performing arts facilities. On April 22, 2003, City Council authorized the Department of Public Works to solicit and pre-qualify contractors to perform the work required for the Community Theater. On July 22, 2003, City Council approved the pre-qualification of nine (9) contractors as eligible to submit bids for the project. The Construction Plans and Specifications have been completed and the project is ready to be advertised for bids. All Contract Documents are available for review in the Department of Public Works. The Architect's Construction Estimate for the project is $7,000,000. FISCAL IMPACT: The Old Town Community Theater Project, Project No. PW02-23, is funded with Redevelopment Agency Bond Proceeds and Reimbursements in the form of donations. Based on the current budget and the construction estimate an additional appropriation of approximately $1.75 million may be required. If necessary staff will request an additional appropriation of $500,000 from Redevelopment Funds and the balance from General Fund Reserves. The final appropriation requests will be made after the bids are received and when the construction contract is ready to award by the City Council. ATTACHMENTS: 1. Location Map 2. Project Description I 20031125 Pwo2-23 bid ITEM 8 TO: FROM: DATE: SUBJECT: APPROVAL ~//~F CITY attorney ~ I DIRECTOR Of FINANC~ I CITY MANAGER ~)-'~1 CITY OFTEMECULA AGENDA REPORT City ManagedCity Council fV~/~William G. Hughes, Director of Public Works/City Engineer November 25, 2003 Acceptance of Offers of Dedication - Road and Utility Purposes For Fiesta Ranch Road, (Lot 'E') as Shown on Tentative Tract Map 29353 - Roripaugh Ranch PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Steve Charette, Associate Engineer - Land Development RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING OFFERS OF DEDICATION OF RIGHT OF WAY AS SHOWN ON TENTATIVE TRACT MAP 29353 FOR ROAD AND UTILITY PURPOSES FOR FIESTA RANCH ROAD (LOT E) AND AS OFFERED BY OWNERS OF PARCEL A.P.N. 957-340-004, 957-340-005 AND 957-340-006 BUT NOT ACCEPTING THAT PORTION OF STREET INTO THE CITY MAINTAINED STREET SYSTEM AT THIS TIME BACKGROUND: Public Improvement requirements for the development of Tract 29353-2 necessitate the dedication of right of way for the purposes of road and utility construction within the Roripaugh Ranch development. The required right of way consists of the easterly 33 feet of three separate parcels located just outside of the westerly boundary of Tract 29353-2. The right of way is needed to complete the westerly half-width dedication requirements for the proposed Fiesta Ranch Road within Tract 29353-2. The half-width dedications are in compliance with the Planning Application PA01-0230 - Roripaugh Ranch Conditions of Approval No. 76g(viii) as approved by the City Council on November 26, 2002. The Roripaugh Ranch developer, Ashby USA, LLC, has secured notarized signatures of Offers of Dedication from the following three property owners: CDLU Rancho Partners Connie and Jim Miller Andres and Caridad Duran APN 857-340-004 APN 857-340-005 APN 857-340-006 The property owners have each submitted an Offer of Dedication for Road Purposes along with a legal description and plat whereby the owner dedicates a 33-foot wide strip of land along his/her property frontage for right-of-way and public utility purposes. Upon City Council approval and recordation of each Offer of Dedication, the applicant/owner of Planning Application PA 01-0230, Ashby USA LLC, will satisfy his condition of approval obligation for half-street dedication of Fiesta Ranch Road. The Offers of Dedication are currently on file with the City Clerk's Office. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution No. 2003- 2. Location Map R;'C,G EN DA REPORTS~200311125031TM29353 - Offers of Dedicadon.DOC 2 TRACT NO. 3-2 BEING A SUBDIVISION OF A PORTION OF FRACTIONAL SECTION 21 AND A PORTION OF THE EAST ONE-HN-F OF SECTION 20, TOWNSHIP 7 SOUTH, RANGE 2 WEST, S.B.M. / /7/ I~/D PER -"--..~ 2/68 OF / ,R]V. CO. / /2 DAVID EVANS AND ASSOCIATES, INC. ONTARIO, CA. MAY 2003 ~ALg~ 1# = 3~ THAT POR1 CONTIGU~ 2/ APN 857-340-004 // # ~ APN 857-340-005 T~V u~O .r' J ON R.,S., 6 APN 857-340-006 )T RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING OFFERS OF DEDICATION OF RIGHT OF WAY AS SHOWN ON TENTATIVE TRACT MAP 29353 FOR ROAD AND UTILITY PURPOSES FOR FIESTA RANCH ROAD (LOT E) AND AS OFFERED BY OWNERS OF PARCEL A.P.N. 957-340-004, 957-340-005 AND 957-340-006 BUT NOT ACCEPTING THAT PORTION OF STREET INTO THE CITY MAINTAINED STREET SYSTEM AT THIS TIME THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: A. City Staff has established the requirement for dedication of 33 feet of right- of-way along property frontage on Fiesta Ranch Road; The Property Owners, 1) CDLU Rancho Partners, 2) Connie and Jim Miller, and 3) Andres and Caridad Duran, each submitted an offer of dedication for road purposes dedicating 33 feet of right-of-way for public street and utility purposes for Fiesta Ranch Road; Acceptance of this offer of dedication does not obligate the City to assume responsibility, nor incur liability with respect to the offer of dedication until subject street has been accepted into the city maintained street system by separate resolution. WHEREAS, The City Council of the City of Temecula hereby desires to accept the offers of dedication for road purposes by 1) CDLU Rancho Partners, 2) Connie and Jim Miller, and 3) Andres and Caridad Duran as attached hereto along with its Exhibits "A" and "B". NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the offers of dedication for road purposes by 1) CDLU Rancho Partners, 2) Connie and Jim Miller, and 3) Andres and Caridad Duran for Fiesta Ranch Road, but not into the City Maintained Street System at this time. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 25th day of November, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC, City Clerk (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) 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 the 25th day of November, 2003 by the following vote: AYES: 0 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:~.~GENDA REPORTS~20031112503\TM29353 - Offers of Dedica~on,DOC 4 ITEM 9 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINANC~ CITYMANAGER ~// ~ CITY OFTEMECULA AGENDA REPORT City ManagedCity Council Jim O'Grady, Assistant City Manag~ November 25, 2003 Letter of Support for Appointment of Joan Sparkman as Trustee of California Community College Board of Governors (Requested by Mayor Stone) RECOMMENDATION: That the City Council authorize the Mayor to sign a letter urging the appointment of Joan Sparkman to the California Community College Board of Governors as a Trustee. BACKGROUND: Joan Sparkman is being considered for appointment as a Trustee for the California Community College Board of Governors. Ms. Sparkman currently serves as President and Trustee for the Mt. San Jacinto Community College District, is an active member of Temecula's business community, was a trustee for over 22 years on the Temecula Valley Unified School District Board, and has been a key community member in the planning of the Temecula Higher Education Center. There is not currently a Trustee on the California Community College Board from our area, and Ms. Sparkman would be an excellent representative for our region. FISCAL IMPACT: None ATrACHMENT: Proposed letter of support of Temecula · Temecula, CA92590 · Mailing Address~ P O BOX 9033 · Temecula, CA 92589-9033 (909) 506-5100 · Fax (909) 694-6499 Jeffrey E. Stone Mayor Michael S. Naggar Mayor Pro-Tem Jeff Comerchero Councilmember Ronald H. Roberts Councilmember Chuck Washington Councilmember {909) 506-5100 FAX 694-6499 November 26, 2003 Schwarzenegger Transition Office Attn: Appointment Secretary 770 "L" Street Sacramento, CA 95814-3325 RE: Appointment for Trustee of California Community College Board of Governors Dear Appointment Secretary: This letter is to request thc appointment of Joan Sparkman as Trustee for the California Community College Board of Governors. Ms. Sparkman has an unparalleled r~cord of distinguished service to this region and is uniquely qualified for appointment to the Community College Board. Ms. Sparkman served as a trustee for the Temecula Valley Unified School District Board, and is the namesake for the Joan F. Sparkman Elementary School. She is currently serving as the President and Trustee for the Mt. San Jacinto Community College District Board of Trustees and is active in a variety of efforts to improve the higher education opportunities in this fast-growing region. Ms. Sparkman is an active member of the Business Community of this region, has led efforts to fund research for the fight against the Pierce's Disease scourge, has served as Past President of the Temecula Valley Chamber of Commerce, is active in legislative affairs, and the list of accomplishments goes on. These accomplishments are a direct result of her ability to work effectively with diverse groups of people and interests. In conclusion, we urge the appointment of Ms. Sparkman to the Community College Board of Governors. She will bring ideas and a practical approach to problem-solving that will be of tremendous value to the Board and to the State. Sincerely, Jeffrey E. Stone Mayor TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT NOVEMBER t8, 2003 A regular meeting of the City of Temecula Community Services District was called to order at 7:32 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Comerchero presiding. ROLL CALL PRESENT: 4 DIRECTORS: Pratt, Roberts, Stone, and Comemhero ABSENT: 1 DIRECTORS: Naggar 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 October 28, 2003. MOTION: Director Stone moved to approve Consent Calendar Item No. 1. The motion was seconded by Director Roberts and voice vote reflected approval with the exception of Director Roberts who abstained, and Director Naggar who was absent. DIRECTOR OF COMMUNITY SERVICES REPORT Director Parker invited everyone to attend the annual Temecula Electric Light Parade, December 4, 2003, on Jefferson Avenue, beginning at 7:00 P.M. GENERAL MANAGER'S REPORT No comment. BOARD OF DIRECTORS' REPORTS No comment. Minutes.csd\l 11803 1 ADJOURNMENT At 7:33 P.M., the Temecula Community Services District meeting was formally adjourned to Wednesday, November 25, 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~111803 2 ITEM 2 APPROVAL CITY ATTORNEY DIRECTOR OF FINA~ CITY MANAGER TEMECULA COMMUNITY SERVICES DISTRICT CITY OFTEMECULA AGENDA REPORT TO: General ManagedBoard of Directors FROM: Herman Parker, Director of Community Services DATE: November 25, 2003 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Project No. PW02-02CSD, Pablo Apis Park Add Amenities Project PREPARED BY: '~V~/illiam Hughes, Director of Public Works/City Engineer Amer Attar, Principal Engineer RECOMMENDATION: That the Board of Directors approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Project No. PW02-02, Pablo Apis Park - Add Amenities Project. BACKGROUND: The Pablo Apis Park is part of the Vail Ranch area, which was recently annexed into the City. Currently the existing park does not meet the Temecula Community Services District's standards. This project adds the various park amenities that will bring the park up to City of Temecula standards. The amenities to be added include a tot lot, picnic shelters, tables, benches, and walkways. The Plans, Specifications and Contract Documents have been completed and the project is readyto be advertised for construction. These Plans and Specifications are available for review in the City Engineer's office. The Engineer's estimate for this project is $268,450.00. FISCAL IMPACT: The Pablo Apis Park Add Amenities is a Capital Improvement Project funded through Development Impact Fees - Park and Recreation for Fiscal Year 2003-2004. ATTACHMENT: 1. Location Map 2. Project Description 1 r:~agd rpt'G, o02\0423~:~wO2~)5 bid/AJP ITEM 3 APPROVAL~ CITYATTORNEY DIRECTOR OFFINAN~E ClTY MANAGER (,~ TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community Service~ November 25, 2003 Landscape Maintenance Services Contracts for Parks, Medians, Facilities and South Slopes PREPARED BY: ~,h~Kevin T. Harrington, Maintenance Superintendent RECOMMENDATION: The Board of Directors: 1. Award a thirty six (36) month contract to Excel Landscape Inc., authorize the expenditure of $480,350.00 for landscape maintenance services for medians, facilities and south s~opes, and approve 15% contingency for extra work items in the amount of $72,052.00. Contract term shall commence on January 1,2004 and continue through December 31, 2006. 2. Award a thirty six (36) month contract to Midori Gardens Inc., authorize the expenditure of $360,000.00 for landscape maintenance services for parks and approve 15% contingency for extra work items in the amount of $54,000.00. Contract term shall commence on January 1, 2004 and continue through December 31,2006. BACKGROUND: The Temecula Community Services Depadment (TCSD) released a Request for Proposal (RFP) for Landscape Maintenance Services on March 11,2003. The TCSD received six (6) proposals, which were evaluated to determine qualifications and to assess the competitiveness of their pricing. Staff interviewed representatives from the three (3) lowest priced qualified bidders in order to determine each company's ability to provide the high level of services required in the City of Temecula. On June 10, 2003 contracts were awarded to Mariposa Horticultural Enterprises, Inc., Pierre Sprinkler and Landscape and American Landscape Management, Inc. Mariposa Horticultural Enterprises and Pierre Sprinkler and Landscape have not been providing consistent levels of landscape maintenance services and are not able to satisfy all of the requirements of their contracts. As a result of this, Pierre Sprinkler and Landscape and Mariposa Horticultural Enterprises have requested to be released from their agreements with the TCSD. Upon careful consideration staff feels it would best serve the TCSD to mutually terminate their agreements and execute agreements with two of the other contractors who originally provided R:hqA R R lNG K',AG EN DA.RP'I~C C kS MAINT SERVICES 2003-04 Excel LS.doe proposals in March 2003. Staff has determined that it would be detrimental to the performance of .our remaining contractor, Amedcan Landscape Management Inc. to add any additional areas to their contract at this time. Staff is working closely with American Landscape Management Inc. to ensure an acceptable level of performance is provided. · Excel Landscape Inc. and Midori Gardens Inc., provided proposals in March 2003. Their proposals were very thorough and detailed, however their prices were higher than the currently contracted companies and they were not awarded any maintenance areas at that time. Staff has negotiated prices and discussed the terms of the contract with Excel Landscape Inc. and Midori Gardens Inc. We feel the prices and terms established with these contractors are acceptable and well within industry standards to perform the required landscape maintenance services. As a result staff is recommending that two new contracts be issued to these companies to maintain specified landscape areas within the City as follows: COMPANY SERVICE AREA ANNUALCONTRACTCOST Midori Gardens Inc. Neighborhood Parks $360,000.00 Excel Landscape Inc. Facilities $ 80,232.00 Medians $ 91,345.00 South Slopes $308,773.00 Staff is also recommending that the standard 10% contingency for extra work items be increased to 15% to ensure an adequate authorization of funding is available should these maintenance areas required additional services upon turn over to the new contractors. These additional monies, if needed, would be withheld from the previous contractors, Mariposa Horticultural Enterprises and Pierre Sprinkler and Landscape in the form of liquidated damages for substandard performance. FISCAL IMPACT: The total cost of the maintenance contracts for the remaining term of FY 2003-04 is $420,125, plus an additional fifteen percent (15%) contingency of $63,026. Sufficient funds have been included in the TCSD Budgets for FY 2003-04 in accounts: 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 Attachments; 1) Excel Landscape, Inc. Contract 2) Midori Gardens, Inc. Contract R:~IA RRINGKLn. G END A.RPT~CC LS MAINT SERVICES 20~3-04 Excel LS.doc CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT CONTRACT AGREEMENT FOR MAINTENANCE SERVICES THIS MAINTENANCE CONTRACT, made and entered into as of November 25, 2003, by and between the Temecula Community Services District ("City"), and Midori Gardens, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM.This Agreement shall commence on January 1, 2004 and shall remain and continue in effect until December 31, 2006 unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right to extend this agreement for an additional twenty four (24) months within sixty (60) days prior to its expiration. 2. SCOPE OF WORK. Contractor shall perform all of the work described in Exhibit A and as described in the City's Request for Proposal Landscape Maintenance Services, dated March 11, 2003 ('~/ork") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the City's Request for Proposal Landscape Maintenance Services, dated March 11,2003. 3. PAYMENT. The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Three Hundred Sixty Thousand and 00/100 dollars ($ 360,000.00 ) annually. All Subsequent years of this three (3) year agreement shall be adjusted upon approval by City staff of the Consumer Price Index (CPI) of Riverside County on January 1st of each year for the term of the Agreement unless additional payment or change order is approved as provided in this Agreement. a. Contractor shall submit invoices monthly for actual services performed detailing the work performed in a form acceptable to the Director of Finance. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non- disputed fees. If the City disputes any of contractor's fees it shall give written notice to Contractor within 30 days of receipt of invoice of any disputed fees set forth on the invoice. b. The City Manager may approve additional payment not to exceed the 15% contingency. Also, the City Manager may approve change orders up to the 15% contingency amount. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. R:\HAKRINGK~AGREEMNT~Iinor Maintenance 2003 - Midori Gardens.doc 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 3., above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the previsions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the previsions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. c. The Contractor may terminate this agreement with 120 days written notice to the City. This correspondence must be delivered to the Maintenance Superintendent. 9. LIQUIDATED DAMAGES; SUBSTANDARD AND NONPERFORMANCE a. Contractor may be assessed penalties by City up to one hundred percent (100%) of the monthly value of a site for nonperformance and up to sixty percent (60%) of the monthly value of a site for substandard performance. Such penalties shall be assessed at the discretion of the City. Contractor shall be notified of any penalties in accordance with the terms of this Contract. b. Contractor shall be notified of service failure by delivery of a "Performance Deficiency Notification". R:\HARRINGK~AGREEMNT~Vlinor Maintenance 2003 - Midori Gardens.doc Said notice will serve as formal notification that Contractor has incurred a service deficiency sufficiently material that a payment reduction or contract termination may result if Contractor does not take satisfactory corrective action. The Performance Deficiency Notification will contain the acceptable time period for service correction (24 hours to 7 days). Upon re-inspection of the deficiency, the correction will either be accepted or rejected by the City. If accepted, part or all of the penalties may be waived, regardless of whether City has incurred loss as a result of said service failure. Contractor will be notified of correction acceptance status by delivery of a "Performance Deficiency Status Memorandum". Should correction not be accepted, a separate additional Performance Deficiency Notification may be delivered to Contractor, thus incurring another Performance Deficiency Notice and penalty. c. If Contractor should neglect or refuse or fail for any reason to perform the work, the City may institute the payment reduction and/or terminate the Contract for nonperformance with ten (10) days written notice to Contractor. d. In case of termination by the City for nonperformance, the City may contract or cause to be done any work not completed at the time of the termination, and the Contractor shall pay for such work. 10. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 11. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 12. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which R:~HARRINGK~AGREEMNT~Minor Maintenance 2003 - Midori Gardens.doc may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. d. Verification of Coveraqe. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. e. Contractor, by executing this Agreement, hereby certifies: "1 am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 13. TIME OF THE ESSENCE. Time is of the essence in this Contract. 14. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, R:\HAP,~dNGK~AGREEMNTXMinor Maintenance 2003 - Midori Gardens.doc except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against the City, or bind City in any manner. a. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 16. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 17. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 18. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 19. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 20. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. R:\HARRINGK\AGREEM NT~vlinor Maintenance 2003 - Midori Gardens.doc 21. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 22. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 23. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth be[ow or at any other address as that party may later designate by Notice: To City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Midori Gardens, Inc. 3231 S. Main Street Santa Ana, CA 92707 (714) 751-8792 (phone) (714) 751-4167 (fax) 24. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 25. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 26. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. R:\HARRINGKXAGREEMNT~inor Maintenance 2003 - Midori Gardens.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Jeff Comerchere, President Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Excel Landscape Inc. By: Name: Title: By: Name: Title: (Two Signatures Required for Corporations) R:\HARRINGK~AGREEMNT~Minor Maintenance 2003 - Midofi Gardens.doc Site # P-1 P-2 P-3 P-4 P-5 P-6 P-7 P-9 P-10 P-11 P-12 P-13 P-14 P-15 P-16 P-17 P-18 P-19 P-20 P-21 P-22 P-23 SS-1 FC-1 T-1 Exhibit A Pricing Sheet for Landscape Maintenance NEIGHBORHOOD PARKS SERVICE AREA Site Name Veterans Park Sam Hicks Monument Park Calle Aragon Park Bahia Vista Park Loma Linda Park Rivedon Park John Magee Park Voorburg Park Nicolas Road Park Butterfield Stage Park Temecula Duck Pond Rotary Park Nakayama Park Winchester Creek Park Long Canyon Creek Park Vail Ranch Park Stephen Michael Linen Jr. Memorial Park Pablo Apis Park Crowne Hill Park Meadows Park Crowne Hill Park A Serena Hills Park Via Eduardo Streetscape Nada Lane Santa Gertrudis Trail Monthly Price $ 1,464.89 1,578.92 130.26 130.26 1,184.19 1,973.65 394.73 98.68 1,184.19 1,184.19 2,763.11 236.83 98.68 1,578.92 1,234.19 6,078.58 789.46 789.46 1,421.02 1,973.65 1,973.65 1,282.87 125.62 100.00 230.00 TOTAL ~ 30~000.00 Annual Price $ 17,578.68 18,947.04 1,563.12 1,563.12 14,210.28 23,683.80 4,736.76 1,184.16 14,210.28 14,210.28 33,157.32 2,841.96 1,184.16 18,947.04 14,810.28 72,942.96 9,473.52 9,473.52 17,052.24 23,683.80 23,683.80 15,394.44 1,507.44 1,200.00 2,760.00 $ 360~000.00 Authorized Signature R:\HARRINGK~AGREEMNTXMinor Maintenance 2003 - Midori Gardens.doc Pricing Sheet for Landscape Maintenance Services New Landscape Maintenance Service Areas Maintenance Service Area Sports Park Service Area (includes ballfield prep.) Neighborhood Park Service Area Slope Service Area Median Service Area Community Facility Service Area Trail Service Area Ballfield Preparation (Single field/Mon.-Fri. Includes trash removal). Ballfield Preparation (Single field/Sat.&Sun. Includes trash removal). Price per Square Foot Monthr¥ Annually NO BID .010 .12 .015 .18 NO BID NO BID .007 .084 NO BID NO BID sc. ft. sc. ft. sc. ft. sc. fl. sc. ft. sc. ft. per field per field Authorized Signature R:\HARRINGK~AGREEMNTWiinor Maintenance 2003 - Midori Gardens.doc Landscape Maintenance Extra Work Price Sheet Turf Maintenance (All turf areas) 1. Mowing (Including bagging of clippings) 2. Edging 3. String Trimming 4. Aerification (Core/3") 5. Aerification (Deep Tine/6") 6. Weed Removal (Manual) 7. Pest Control (Manual) 8. Fertilization (Placement only) 9. Materials (Fertilizer, Soil Amends) Unit Cost $ .022 .005 .005 .005 .007 19.00 30.00 .0006 2O% sq. ft. linear ft. linear ft. sq. ft. sq. ft. per man hr. per man hr. sq. ft. mark-up II. General Landscape Maintenance (Planters and Slope areas) 1. Edging (Ground Cover) 2. Trimming (Shrubs, Ground Cover) 3. Pruning/Shrubs, Vines, Roses 4. Pruning/Trees (To 18') 5. Weed Removal (Manual) 6. Pest Control (Manual) 7. Fertilization (Placement only) 8. Vegetation Removal 9. Materials (Fertilizer, Soil Amends) $ .005 .015 .03 50.00 19.00 30.00 .0006 .03 2O% linear ft. sq. ft. sq. ff. each per man hr. per man hr. sq. ft. sq. ft. mark-up III. Plant Material (Installed, all areas) 1. Annual Color (4" Container) 2. Ground Cover 3. One (1) Gallon 4. Five (5) Gallon 5. Fifteen (15) Gallon 6. 24" Box Tree 7. Seeded Turf 8. Sodded Turf 9. Hydroseed 10. Soil Preparation (Existing area) 11. Soil Preparation (New area) 12. Wood Mulch $ 1.56 16.00 6.00 16.00 65.00 250.00 .30 1.00 .60 .30 .40 50.00 each fiat each each each each sq. sq. fi. sq. sq. ft. sq. ff. cu. yd. (applied) Iv. IrriRation System Maintenance 1. Inspection 2. Repair(Mainline, Lateralline, Sprinklers) 3. Parts $ 25.00 25.00 20% per hr. per hr. mark-up General Pest Control 1. Written Recommendation by PCA 2. Qualified Applicator (QAC) 3, Trained Applicator 4. Material $ 60.00 35.00 25.00 2O% each per hr. per hr. mark-up R:~HARRiNGK~AGREEMNT~Iinor Maintenance 2003 - Midori Gardens.doc CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT CONTRACT AGREEMENT FOR MAINTENANCE SERVICES THIS MAINTENANCE CONTRACT, made and entered into as of November 2003, by and between the Temecula Community Services District ("City"), and Exce} Landscape Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on January 1, 2004 and shall remain and continue in effect until December 31, 2006 unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right to extend this agreement for an additional twenty four (24) months within sixty (60) days prior to its expiration. 2. SCOPE OF WORK. Contractor shall perform all of the work described in Exhibit A and as described in the City's Request for Proposal Landscape Maintenance Services, dated March 11, 2003 ("Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the City's Request for Proposal Landscape Maintenance Services, dated March 11, 2003. 3. PAYMENT. The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Four Hundred Eighty Thousand Three Hundred Fifty and 00/100 dollars ($ 480,350.00 ) annually. All Subsequent years of this three (3) year agreement shall be adjusted upon approval by City staff of the Consumer Price Index (CPI) of Riverside County on January 1st of each year for the term of the Agreement unless additional payment or change order is approved as provided in this Agreement. a. Contractor shall submit invoices monthly for actual services performed detailing the work performed in a form acceptable to the Director of Finance. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non- disputed fees. If the City disputes any of contractor's fees it shall give written notice to Contractor within 30 days of receipt of invoice of any disputed fees set forth on the invoice. b. The City Manager may approve additional payment not to exceed the 15% contingency. Also, the City Manager may approve change orders up to the 15% contingency amount. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. R:\HARRINGK~AGREEMNTh'vlinor Maintenance 2003 - Excel Landscape.doc 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 3., above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the previsions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. c. The Contractor may terminate this agreement with 120 days written notice to the City. This correspondence must be delivered to the Maintenance Superintendent. 9. LIQUIDATED DAMAGES; SUBSTANDARD AND NONPERFORMANCE a. Contractor may be assessed penalties by City up to one hundred percent (100%) of the monthly value of a site for nonperformance and up to sixty percent (60%) of the monthly value of a site for substandard performance. Such penalties shall be assessed at the discretion of the City. Contractor shall be notified of any penalties in accordance with the terms of this Contract. b. Contractor shall be notified of service failure by delivery of a "Performance Deficiency Notification". R:\HARRINGKXAGREEMNTXMinor Maintenance 2003 - Excel Landscape.doc Said notice will serve as formal notification that Contractor has incurred a service deficiency sufficiently material that a payment reduction or contract termination may result if Contractor does not take satisfactory corrective action. The Performance Deficiency Notification will contain the acceptable time period for service correction (24 hours to 7 days). Upon re-inspection of the deficiency, the correction will either be accepted or rejected by the City. If accepted, part or all of the penalties may be waived, regardless of whether City has incurred loss as a result of said service failure. Contractor will be notified of correction acceptance status by delivery of a "Performance Deficiency Status Memorandum". Should correction not be accepted, a separate additional Performance Deficiency Notification may be delivered to Contractor, thus incurring another Performance Deficiency Notice and penalty. c. If Contractor should neglect or refuse or fail for any reason to perform the work, the City may institute the payment reduction and/or terminate the Contract for nonperformance with ten (10) days written notice to Contractor. d. In case of termination by the City for nonperformance, the City may contract or cause to be done any work not completed at the time of the termination, and the Contractor shall pay for such work. 10, DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default, in the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance, in the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 11. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 12. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which R:\HARRINGK~AGREEMNT~Minor Maintenance 2003 - Excel kandscape.doc may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectJlocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. d. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. e. Contractor, by executing this Agreement, hereby certifies: "1 am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I wilt comply with such provisions before commencing the performance of the work of this Contract." '13. TIME OF THE ESSENCE. Time is of the essence in this Contract. 14. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, R:\HARRINGK~AGREEMNT~Minor Maintenance 2003 - Excel Landscape.doc except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against the City, or bind City in any manner. a. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 16. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 17. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 18. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 19. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 20. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. R:\HARRINGK~AGP~EEMN'I~Minor Maintenance 2003 - Excel Landscape.doc 21. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 22. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 23. WRITFEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Excel Landscape Inc. 710 Rimpau Ave Corona, CA 92879 (909) 735-9650 (phone) (909) 735-0469 (fax) 24. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 25. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 26. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. R:\HARRINGKXAGREEMNTXMinor Maintenance 2003 - Excel Landscape,doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Jeff Comerchero, President Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Excel Landscape Inc. By: Name: Title: By: Name: Title: (Two Signatures Required for Corporations) R:~HARRINGK~AGREEMNTxMinor Maintenance 2003 - Excel Landscape.doc Exhibit A Pricing Sheet for Landscape Maintenance MEDIANS SERVICE AREA Site # M-01 M -02 M-03 M-04 M-05 M-06 M-07 M-08 M-09 FW-1 Site Name Rancho California Road Medians Ynez Road Medians Butterfield Stage Road Medians Margarita Road Medians (North) Margarita Road Medians (South) Winchester Road at Jefferson Median Pechanga Parkway Medians Meadows Parkway Medians (North) Paseo Del Sol Medians Interstate 15 TOTAL Monthly Price 614.00 664.00 147.00 688.00 147.00 147.00 147.00 688.00 688.00 3,682.00 $ 7,612.00 Annual Price 7,368.00 7,968.00 1,764.00 8,256.00 1,764.00 1,764.00 1,764.00 8,256.00 8,256.00 44,184.00 $ 91T344.00 Authorized Signature R:\HAKRINGK~AGKEEMNTXMinor Maintenance 2003 - Excel Landscape.doc Exhibit A Pricing Sheet for Landscape Maintenance COMMUNITY FACILITIES SERVICE AREA Site # F-1 F-2 F-3 F-4 F-5 F-6 F-10 F-20 Site Name Community Recreation Center Mary Phillips Senior Center City Hall/Maintenance Facility Temecula Community Center Fire Station #84 Old Town Temecula Temecula Children's Museum Fire Station #92 TOTAL Monthly Price 1,730.00 571.00 1,400.00 365.00 561.00 1,581.00 300.00 178.00 $ 6,686.00 Annual Price 20,760.00 6,852.00 16,800.00 4,380.00 6,732.00 18,972.00 3,600.00 2,136.00 $ 80,232.00 Authorized Signature R:~HARRINGK~AGREEMNT~vIinor Maintenance 2003 - Excel Landscape.doc Exhibit A Pricing Sheet for Landscape Maintenance SLOPE SERVICE AREA (SOUTH) Site # Site Name S-3 Rancho Highlands S-8 The Villages A and B S-12 Vintage Hills S-13 Presley (Viranda, Country Glen, Bridlevale) S-16 Tradewinds S-20 Crowne Hill S-21 Vail Ranch Monthly Price 1,450.00 6,476.00 4,242.00 1,317.00 845.00 1,338.00 10,063.00 Annual Price 17,400.00 77,712.00 50,904.00 15,804.00 10,140.00 16,056.00 120,756.00 TOTAL ~ 25~731.00 $ 308~772.00 Authorized Signature R:\HARRINGK~AGREEMNThMinor Maintenance 2003 - Excel Landscape,doc Pricing Sheet for Landscape Maintenance Services New Landscape Maintenance Service Areas Maintenance Service Area Sports Park Service Area (includes ballfield prep.) Neighborhood Park Service Area Slope Service Area Median Service Area Community Facility Service Area Trail Service Area Ballfield Preparation (Single field/Mon.-Fri. Includes trash removal). Ballfield Preparation (Single field/Sat.&Sun. *928.80 Includes trash removal). * Up to three (3) fields for same amount. Price per Square Foot Monthly Annually .0119 .1428 .01 .12 .008 .096 .015 .18 .015 .18 .004 .048 967.50 11,610.00 11,145.60 sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. per field per field Authorized Signature R:\HARRINGK~AGREEMNT~Minor Maintenance 2003 - Excel Landscape.doc Landscape Maintenance Extra Work Price Sheet Turf Maintenance (All turf areas) 1. Mowing (including bagging of clippings) 2. Edging 3. String Trimming 4. Aerification (Core/3") 5. Aerification (Deep Tine/6") 6. Weed Removal (Manual) 7. Pest Control (Manual) 8. Fertilization (Placement only) 9. Materials (Fertilizer, Soil Amends) Unit Cost $ .002 .05 .10 .002 N/A 20.00 35.00 .001 2O% sq. fi. linear ft. linear ft. sq. ft. sq. ft. per man hr. per man hr. sq. ft. mark-up II. General Landscape Maintenance (Planters and Slope areas) 1. Edging (Ground Cover) 2. Trimming (Shrubs, Ground Cover) 3. Pruning/Shrubs, Vines, Roses 4. Pruning/Trees (To 18') 5. Weed Removal (Manual) 6. Pest Contrel (Manual) 7. Fertilization (Placement only) 8. Vegetation Removal 9. Materials (Fertilizer, Soil Amends) $ A5 .02 .04 40.00 20.00 35.00 .002 .02 2O% linear ft. sq. ft. sq. ft. each per man hr. per man hr. sq. ft. sq. ft. mark-up III. Plant Material (installed, all areas) 1. Annual Color (4" Container) 2. Ground Cover 3. One (1) Gallon 4. Five (5) Gallon 5. Fifteen (15) Gallon. 6. 24" Box Tree 7. Seeded Turf 8. Sodded Turf 9. Hydreseed 10. Soil Preparation (Existing area) 11. Soil Preparation (New area) 12. Wood Mulch 1.50 20.00 6.00 18.00 75.00 200.00 .15 .85 .10 .20 .15 35.00 each fiat each each each each sq. ft. sq. ft. sq. fl. sq. ~. sq. ft. cu. yd. IV. Irriflation System Maintenance 1. Inspection 2. Repair (Main line, Lateral line, Sprinklers) 3. Parts $ 40.00 35.00 20% per hr. per hr. mark-up General Pest Control 1. Written Recommendation by PCA 2. Qualified Applicator (QAC) 3. Trained Applicator 4. Material $ 200.00 45.00 35.00 2O% each per hr. per hr. mark-up R:\HARRINGK~AGREEMNT~Minor Maintenance 2003 - Excel Landscape.doc ITEM 4 APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Peter Thorson, City Attorney November 25, 2003 Redhawk Annexation - Approval of TCSD Rates and Charges for Service Level B (Residential Street Lighting); Approval of Special Tax Ordinance for Maintenance and Servicing of Public Parks and Recreational Facilities, Recreational and Community Services Programs, Median Landscaping, Arterial Street Lights and Traffic Signals; Ballot Questions and Calling Election for Two Thirds Voter Approval of the Taxes, Rates and Charges RECOMMENDATION: That the City Council 1. Hold the joint public hearing before the City Council and Temecula Community Services Distdct concerning the proposed rates and charges and special tax for the Redhawk Annexation Area. 2. That the Temecula Community Services District approve a resolution entitled: RESOLUTION NO. CSD 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING SERVICE LEVEL B (RESIDENTIAL STREET LIGHTS) RATES AND CHARGES WITHIN THE REDHAWK ANNEXATION AREA TO BE ANNEXED TO THE TEMECULA COMMUNITY SERVICES DISTRICT AS PART OF THE REORGANIZATION DESIGNATED BY THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION AS LAFCO 2003-26-3 SUBJECT TO TWO-THIRDS VOTER APPROVAL OF VOTERS WITHIN THE REDHAWK ANNEXATION AREA The City Council approve the following Ordinance and Resolutions: (a) Read by title only and introduce an ordinance entitled: R:/Agenda Reports/Redhawk Annex Approval Rates & Chaq~es 11 25 1 ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA, LEVYING A SPECIAL TAX TO FINANCE THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, RECREATIONAL AND COMMUNITY SERVICES PROGRAMS, MEDIAN LANDSCAPING, ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS WITHIN THE REDHAWK ANNEXATION AREA TO BE ANNEXED TO THE CITY OF TEMECULA AS PART OF THE REORGANIZATION DESIGNATED BY THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION AS LAFCO 2003-26-03 SUBJECT TO A TWO-THIRDS VOTER APPROVAL OF VOTERS WITHIN THE REDHAWK ANNEXATION AREA (b) Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, REQUESTING THE SERVICES OF THE COUNTY REGISTRAR OF VOTERS TO CONDUCT A SPECIAL MUNCIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 2, 2004 c) Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 2, 2004, FOR THE PLACEMENT OF A SPECIAL MEASURE (d) Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CI'FY OF TEMECULA ORDERING, CALLING AND GIVING NOTICE OF AN ADVISORY ELECTION AND A SPECIAL ELECTION TO BE HELD WITHIN THE TERRITORY TO BE ANNEXED TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT AS PART OF THE REORGANIZATION DESIGNATED AS LAFCO NO. 2003-26-3 (REDHAWK) ON TUESDAY, MARCH 2, 2004, FOR SUBMISSION TO THE VOTERS OF MEASURES RELATING TO THE ANNEXATION OF SUCH TERRITORY, THE LEVY OF A SPECIAL TAX WITHIN SUCH TERRITORY, AND THE ADOPTION OF RATES AND CHARGES WITHIN SUCH TERRITORY; AND REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE CONSOLIDATE SUCH ADVISORY ELECTION AND SPECIAL ELECTION WITH R:/Agenda Reports/Redhawk Annex Approval Rates & Charges 11 25 2 e) THE CONSOLIDATED PRIMARY ELECTION OF THE COUNTY TO BE HELD ON THAT DATE Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS AND CITY ATTORNEY'S IMPARTIAL ANALYSIS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS BACKGROUND: On November 20, 2003 the Riverside County Local Agency Formation Commission approved its Resolution No. 2003- approving the annexation of the Redhawk area to the City of Temecula and the Temecula Community Services District. (LAFCO 2003-26-3, a reorganization to include annexation of Redhawk to the City of Temecula and the Temecula Community Services Distdct and concurrent detachment from County Service Areas 143 and 152 and the Riverside County Waste Resources Management District ("Redhawk Annexation"). The Redhawk Annexation specifies the area to be annexed to the City of Temecula and the Temecula Community Services District, which area includes the Redhawk Specific Plan Area and a portion of the Vail Ranch Specific Plan Area ("Redhawk Annexation Area"). The LAFCO Staff Report describing the Redhawk Annexation is attached as Attachment No. 1. LAFCO approved the Redhawk Annexation subject to the two-thirds (2/3) voter approval by voters voting in the Redhawk Annexation Area, as required by Proposition 218 (Article XIII C and XIII D of the California Constitution, of: (1) a special City parcel tax against parcels within that territory for the maintenance, operation and servicing of public parks, recreational facilities, recreational and community services programs, median landscaping, arterial street lights and traffic signals, and (2) the TCSD rates and charges on parcels within Redhawk Annexation Area for street lighting provided by the TCSD to those parcels. In order to hold the election on the City Special Tax and the TCSD Rates and Charges at the March 2, 2004 election, the Council will need to approve various resolutions calling for the election and establishing the necessary ballot questions. The proposed ballot questions are: ADVISORY VOTE ONLY PURSUANT TO ELECTIONS CODE 9603 ANNEXATION Of REDHAWK TO CITY OF TEMECULA (MAJORITY VOTE): Shall the annexation of the Redhawk Annexation Area to the City of Temecula and the Temecula Community Services District, along with the concurrent detachment from County Service Areas 143 and 152 and the Riverside County Waste Resources District, pursuant to Riverside County LAFCO Application No. 2003-26-3 be approved? Yes No R:/Agenda Reports/Redhawk Annex Approval Rates & Charges 11 25 3 ANNEXATION OF REDHAWK (TWO-THIRDS VOTER APPROVAL REQUIRED): Shall Ordinance No. __ of the City of Temecula be adopted replacing the existing County Service Area No. 143 and 152 tax levied against parcels within the Redhawk Annexation Area with the City's special tax which shall only be used for parks, recreational facilities, recreational and community services programs, median landscaping, arterial street lights and traffic signals as part of the annexation of the Redhawk Annexation Area to the City of Temecula? Yes ANNEXATION OF REDHAWK (TWO-THIRDS VOTER APPROVAL REQUIRED): Shall Resolution No. __ of the Board of Directors of the Temecula Community Services District be adopted replacing existing County Service Area No. 143 and 152 assessments and charges levied against parcels within the Redhawk Annexation Area with rates and charges which shall only be used for residential street lighting as part of the annexation of the Redhawk Annexation Area to the Temecula Community Services District? Yes The proposed City Special Tax was approved by a two-thirds vote of the voters in Temecula in 1996. It will be extended into the Redhawk Annexation Area on the same rates and terms as applicable in other areas of the City. The maximum amount of the Special Tax for each fiscal year shall be $74.44 per single-family residential dwelling unit, $55.83 per multi-family residential dwelling unit, $148.88 per acre of vacant property in a residential zone, $297.76 per acre of vacant property in a non-residential zone, $446.64 per acre of non-residential improved property, and $37.22 per acre for agricultural uses. Currently the rates are substantially lower than the voter authorized maximum: $63.44 per single-family residential dwelling unit, $47.58 per multi-family residential dwelling unit, $126.88 per acre of vacant property in a residential zone, $253.76 per acre of vacant property in a non-residential zone, $380.64 per acre of non-residential improved property, and $31.72 per acre for agricultural uses. The proposed Rate and Charge for the Redhawk Annexation Area is $ 25.68 for Service Level B, Residential Street Lights. This Rate and Charge does not exceed the reasonable cost of the service to be provided for Redhawk during fiscal year 2005-6. The report on the calculation of this Rate and Charge is attached as Attachment No. 2. The Rates and Charges for 2005-6 can be lowered but not increased. Additional noticed public hearings are required by law in January 2004 and June 2005. Staff will evaluate the costs of providing the services at that time and, if necessary, adjust the Rates and Charges in order to make sure that the Rates and Charges will not exceed the reasonable cost of the services to be provided for Redhawk dudn9 fiscal year 2005-6. FISCAL IMPACT: The fiscal impact associated with the annexation is fully addressed in the fiscal impact analysis conducted by the City, which analysis was previously presented to the City Council and is set forth on Attachment No. 3. ENVIRONMENTAL REVIEW: Pursuant to the Califomia Environmental Quality Act (CEQA), the levy and collection of these rates and charges is exempt from CEQA pursuant to Public Resources Code Section 21080(b)(8) and Section 15273 of the State CEQA Guidelines because the rates and charges are necessary to maintain existing improvements within the TCSD. Additionally, both the City Council and the Riverside County Local Agency Formation Commission have duly considered the environmental impacts of the proposed Redhawk Annexation and each R:/Agenda Reports/Redhawk Annex Approval Rates & Charges 11 25 4 have adopted a Negative Declaration indicating that all adverse environmental impacts from the Redhawk Annexation have been mitigated. ATTACHMENTS: Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: Attachment 6: Attachment 7: Attachment 8: Attachment 9: Riverside County LAFCO Staff Report on Redhawk Annexation TCSD Report Establishing the Rates and Charges for Service Level B for the Redhawk Annexation Area for Fiscal Year 2005-6. Fiscal Impact Analysis for the Redhawk Annexation prepared by the City of Temecula. TCSD Resolution approving Rates and Charges for Redhawk Annexation Area Council Ordinance approving the Special Tax for the Redhawk Annexation Area Council Resolution [Requesting Services of the County Registrar] Council Resolution [Calling and Giving Notice of Election] Council Resolution [Annexation Resolution] Council Resolution [Providing for filing of Rebuttal Arguments] R:/Agenda Repo~s/Redhawk Annex Approval Rates & Charges 11 25 5 3.j. 11/20/2003 TO: FROM: Local Agency Formation Commission Adriana Romo, Local Government Analyst I George J. Spiliotis, Executive Officer SUBJECT: LAFCO 2003-26-3--REORGANIZATION TO INCLUDE CONCURRENT ANNEXATIONS TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT, AND CONCURRENT DETACHMENTS FROM COUNTY SERVICE AREAS 143, 152 AND THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT. P~OR AGENDAS~ELATED ACTIONS: LAFCO 1998-14-1 Anne~fion of Vail Ranch and Redhawk Specific ~an IW22/1998; 2000-10-1 ~nexation of Vail Ranch 11/16/2~0. EXECUTIVE SUMMARY: This report addresses a reorganization that includes annexation of the Redhawk Specific Plan and the remaining portion of the Vail Ranch Specific Plan to the City of Temecula. The proposal also includes detachment from County Service Area (CSA) 143, which provides substantial extended services to the area. Upon annexation, the bulk of those services will be provided by the City's subsidiary Temecula Community Services District (TCSD). The staff recommendation is for approval of the proposal as submitted by the City of V [:C~[N [ T~' Temecula. GENERAL INFORMATION: APPLICANT: The City of Temecula has initiated this proposal. LOCATION: The proposal includes the community of Redhawk, adjacent to the City limit line, south of Highway 79, east of Pechanga Parkway/Pala Road, west of Anza Road and north of Pechanga Indian Reservation. POPULATION: The population is estimated to be approximately 9,200 about 12 percent of the City's estimated population of 75,014. LAFC0 2003-26-3 PAGE 2 November 20, 2003 Anx to City of Temecula REGISTERED VOTERS: The Registrar of Voters reports 2,968 voters within the reorganization site, making the proposal legally inhabited. ACREAGE: The total area of the reorganization is approximately 1,344 acres. CEQA DETERMINATION: The City, as lead agency, has prepared an initial study on this proposal that resulted in the filing of a Negative Declaration. Additionally, the City has found that the proposal will not have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Based on that de minimus impact finding, the City has issued a Certificate of Fee Exemption concerning the Department of Fish and Game mitigation fees. PROPERTY TAX EXCHANGE: Corresponding master property tax resolutions have been adopted by both the City and the County. EXISTING CONDITIONS: The subject territory includes the Redhawk Specific Plan No. 217 and a portion of the Vail Ranch Specific Plan No. 223. The majority of the area is built-out. Within the Redhawk Specific Plan area there are approximately 2,436 single-family detached units, two existing elementary schools, and four public parks. The remaining portion of the Vail Ranch Specific Plan includes the Old Vail Ranch Historic Site and a developing commercial center. LAND USE PLANS: The City has adopted the County approved specific plans as the zoning for the area. BACKGROUND: In December of 1998, the Commission approved an annexation that included Vail Ranch and the adjacent Redhawk Specific Plan (LAFCO 1998-14-1). The proposal was approved contingent upon approval of taxes, assessments and charges (referred to generically as taxes in this report) pursuant to Proposition 218. As proposed, Vail Ranch property owners would have received a modest reduction in their taxes resulting from the annexation. Taxes in Redhawk, however, would have increased by approximately $135 annually. The taxes, which required two-thirds voter approval, were submitted as separate measures to voters of Redhawk and Vail Ranch in November 1999. The measures passed overwhelmingly in Vail Ranch, receiving approximately 90 percent approval. In Redhawk, however, approximately 60 percent of the voters voted against the measures. Since the taxes failed to pass over the entire annexation area, the proposal could not be completed and was later abandoned. Shortly after the election, Vail Ranch residents petitioned the City of Temecula to take steps to annex Vail Ranch alone. In 1999, the City Council adopted a Resolution of LAFCO 2003-26-3 Anx to City of Temecula PAGE 3 November 20, 2003 Application. Subsequently, an application for the annexation of Vail Ranch was submitted by the City. In 2000, the Commission approved the annexation of Vail Ranch into the City of Temecula (2000-10-1). The annexation was effective on July 1, 2001. Prior to the submittal of the current proposal by the City of Temecula, a petition was circulated by affected residents to initiate the proposal. The Registrar of Voters verified that 27% of the registered voters within the annexation area signed the petition (only 5 percent is required). Based, in part, on this strong show of support, the City initiated the proposal on its own. SIGNIFICANT ISSUES: BOUNDARY ISSUES: The boundaries of this proposal include the entirety of the Redhawk Specific Plan and a pocket of commercial area off of Winchester Road, which was excluded from the previous annexation. The annexation will create better defined service boundaries and complete annexation of the:area as originally approved by the Commission in 1998. SERVICES: The City of Temecula has submitted a Plan of Services in support of the application. That plan is attached to this report. The following services are highlighted here. Police Protection: The City contracts with the Riverside County Sheriff for law enforcement services. ~he city states that response times for priority one calls will decrease from 12 minutes to approximately five minutes once service is provided through local City patrols. In order to serve the annexation area and meet the 1:1000 ratio of officer to population, Temecula will have to contract for seven additional police officers. The city has allocated $11.2 million for police protection in fiscal year 2003/2004. Fire Protection: The City also contracts with the County for fire protection services. The County, in turn, contracts with the California Department of Forestry and Fire Protection. As a result of these contractual arrangements, there will be no change in service upon annexation. The station that currently provides first response and will continue to serve the annexation area is Station 92 located at 32364 Overland Trail. Emerqency Medical: The City currently pays for a paramedic unit housed out of Station 84 on Pauba Road near Margarita Road, approximately two miles from the annexation area. Assuming the proposal is not overturned at the protest hearing and the election for taxes, assessments, and charges receives majority support from the residents, the City has stated it would provide emergency medical services to the annexation L&FCO 2003-26-3 PAQ~ 4 ~ovember 20, 2003 ~nx to City of ?emecula area effective July 1, 2004 prior to the requested effective date of July 1, 2005. Solid Waste Disposal: Currently the Waste Management Inc., is providing solid waste disposal service to the subject area for approximately $230.00 per year for basic service ($19.16/month). Upon annexation, the City, through TCSD, will collect solid waste rates and charges on the property tax roll for single-family residential units and distribute the revenue to the hauler on a semi-annual basis. Under state code, the current hauler may continue to provide services up to a period of five years. After the contract expires with Waste Management, CR&R the City's waste hauler will provide solid waste disposal to the annexation area. CR&R charges $172.59 annually per single family residential unit for weekly trash collection. Park, Slope and Median Maintenance: These services are currently provided through CSA 143. Upon annexation, the City's subsidiary community services district would take over park and median maintenance. However, TCSD will not provide slope maintenance. The city and the Redhawk Community Association have agreed that the HOA will provide slope maintenance upon annexation. For more details, please see the discussion below regarding detachment from CSA 143 and annexation to the TCSD. EFFECTIVE DATE: Consistent with discussions between the City and the County, the City has requested an effective date of July 1, 2005. This will provide ample time for the County and the City to plan for the transition of the extended services currently provided by CSA 143. DETACHMENT FROM COUNTY WASTE RESOURCES M/~NAGEMENT DISTRICT (RCWRMD): On March 24, 1994, the Commission approved the formation of the RCWRMD as a separate financial and legal entity to operate and finance solid waste facilities in Riverside County. The District became effective on May 2, 1994. As part of the Commission's action, it determined that future annexations to cities should detach from the RCWRMD unless those cities have annexed tD the District. This is based on an understanding between the County and the COGs that annexation of cities to RCWRMD will be accomplished in an organized fashion to ensure appropriate representation on the governing board of the District. Therefore, staff will recommend concurrent detachment from the RCWRMD. DETACHMENT FROM CSA 152: The CSA was formed to finance non- point source pollution programs required by federal law. If the Commission approves annexation to the City, the area will be automatically detached from the CSA. Detachment from CSA 152 is appropriate since the City, unlike many other cities in the County, has opted not to annex into CSA 152. DETACHMENT FROM CSA 143 AND ANNEXATION TO TEMECULA COMMUNITY LAPCO 2003-26-3 Anx to City of Temecula PAGE 5 November 20, 2003 SERVICES DISTRICT (TCSD): As noted in the Background Section above, the transfer of local CSA services and associated taxes and charges was the central issue in a previous reorganization. CSA 143 currently provides park maintenance, median/slope maintenance, street lighting and street sweeping. Charges for these services appear on property owners' tax bills. Under this proposal, these services, with the exception of slope maintenance would be provided through the TCSD, a subsidiary district of the City. TCSD performs similar services throughout the City with the exception of slope maintenance. The maintenance of parks, recreational facilities, medians, traffic signals, arterial streetlights, and the provision of recreational programs will be paid for by TCSD's special taxes, assessments, and charges which would replace those currency charged by CSA 143. The City has determined that the CSD taxes, assessments and charges must go through appropriate Proposition 218 compliance procedures before they can be levied. For obvious reasons the City would not want a reorganization completed unless revenues would be available for local services. The City plans to call an election in March of 2004 to seek approval of TCSD taxes, rates and charges. TAXES AND ASSESSMENTS: Presently, CSA 143 provides landscape maintenance, park maintenance and street lights services. The landscape annual per parcel charge within the Redhawk area varies from $102.00 to $443.00. Landscape maintenance includes minimal median maintenance and slope maintenance. The annual per parcel park maintenance assessment for the Redhawk area ranges from $15.00 to $75.00. Street light services include all streetlights within Redhawk. The annual per parcel assessment is $42.44. Once annexed, TCSD will provide recreation services, median and park maintenance as well as arterial street lighting for an annual assessment of $63.44 per existing dwelling unit. The maximum amount that TCSD is currently authorized to charge for these services is $74.44. The annual residential street lighting assessment per single family dwelling unit charged by TCSD would be $25.68. Slope maintenance however, would not be provided by TCSD. Instead, the Redhawk Community Association would provide slope maintenance. It is envisioned that an increase in association dues will be required to fund this function. As noted above, the City plans to conduct an election in March 2004 on the TCSD taxes, assessments and charges. COMMENTS FROM AFFECTED AGENCIES/INTERESTED PARTIES: Charolette Fox, a resident of Vail Ranch, has submitted a letter expressing support for the annexation and also concern for a final plan and agreement between the City and County regarding preservation of a historical site within the annexation boundaries. LAFCO 2003-26-3 Anx to City of Temecula PAgE 6 November 20, 2003 CONCLUSIONS: It has been the practice of staff to recommend approval of inhabited annexations unless there are significant boundary or service concerns. In this way residents can determine, through the protest hearing process, whether annexation is in their best interest. In this instance, the proposal would substantially improve boundaries in the area and improve police and emergency medical service levels. The recommendation is for conditional approval as shown below. SPECIFIC RECOMMENDATIONS: Based on the factors outlined above, IT IS RECOMMENDED that the Commission: Find the City of Temecula, as lead agency, has filed a Negative Declaration on the proposal and complied with the California Environmental Quality Act (CEQA) and all appropriate State Guidelines, and the Commission has reviewed and considered the environmental documentation. Also find the City has found that the proposal will not have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code; Determine the proposed reorganization is consistent with the spheres of influence of the City of Temecula, the Temecula Community Services District and all other affected agencies; 3. Determine the proposed inhabited; reorganization is legally Approve LAFCO 2003-26-3--REORGANIZATION TO INCLUDE CONCURRENT ANNEXATIONS TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT, AND CONCURRENT DETACHMENTS FROM COUNTY SERVICE AREAS 143, 152 AND THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT, subject to the following: Prior to recordation of the Certificate of Completion, all applicable taxes, assessments and charges for services to be provided by the Temecula Community Services District shall be approved in accordance with the requirements of Proposition 218. bo The City of Temecula shall defend, indemnify, and hold harmless the Riverside County Local Agency Formation Commission (~LAFCO"), its agents, officers, and employees from any claim, action, or proceeding against LAFCO, its agents, officers, and employees to attach, set aside, void, or annul an approval of LAFCO concerning this proposal. LAFCO 2003-26-3 Anx to City of Temecula PAGE ? November 20, 2003 Establish the effective date of the reorganization as July 1, 2005. Direct the Executive Officer to initiate Protest Proceedings pursuant to Government Code Section 57000 et seq., upon payment of required fees. Respectfully submitted, George J. Spiliotis Executive Officer Adriana Romo Local Government Analyst I INITIAL LEVY REPORT REDHAWK ANNEXATION AREA Temecula Community Services District (TCSD) Commencing Fiscal Year 2005-2006 PUBLIC HEARING: November 25, 2003 INTRODUCTION: A. The TCSD Since December 1, 1989, the Temecula Community Services District ("TCSD") has provided residential street lighting, perimeters landscaping and slope maintenance, trash and recycling collection and unpaved road maintenance to properties within its jurisdiction. The boundary of the TCSD is coterminous with the boundary of the City of Temecula ("City"). To fund its services and maintain improvements within its boundaries, the TCSD collects rates and charges ("Charges"). The TCSD was formed, and Charges are set and established, pursuant to the Community Services District Law, Title 6, Division 3 of the California Government Code. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges for residential street lighting (Service Level B), perimeter landscaping and slope maintenance (Service Level C), trash/recycling collection (Service Level D), and unpaved road improvement and maintenance (Service Level R) services furnished by the TCSD, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately fi.om, its general taxes in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. As required by these sections of the Government Code, the TCSD Board approves an Annual Levy Report each year describing the proposed rates and charges for that year. B. REDHAWK ANNEXATION AREA The City Council of the City of Temecula, by its Resolution No. 03-100, initiated proceedings to annex certain unincorporated territory known as the Redhawk Specific Plan area ("Redhawk") and 53 commercial acres in the Vail Ranch Specific Plan to the City of Temecula and the District. Approved by the Riverside County Local Agency Formation Commission (LAFCO) on November 20, 2003 as: LAFCO No. 2003-26-3 Reorganization to Include Concurrent Annexations to the City of Temecula and the Temecula Community Services District, and Concurrent Detachments from the Riverside County Waste Resources Management District, County Service Area 143 and County Services Area 152. The annexation and the TCSD Rates and Charges will be considered by the registered voters within the Redhawk Specific Plan area in an election held on March 2, 2004, thus complying with Proposition 218 and state law. The Redhawk Specific Plan area, which will vote on these rates and charges on March 2, 2004, is the same area as the Redhawk annexation area. The rates and charges in connection with this annexation are the same as those that will appear on the ballot measure as part of the March 2, 2004 election. Pursuant to Government Code Section 61621.2, this Initial Levy Report ("Report") is prepared and presented to the Board to prescribe Service Level B and Service Level D Rates and Charges for the residential pamels and territory identified as Redhawk beginning in FY 2005-2006. The territory and properties identified and described in this Report includes parcels within the Redhawk Specific Plan Area and 53 commercial acres in the Vail Ranch Specific Plan area. PLANS AND SPECIFICATIONS A. General Description of District Services The District provides certain property related services consisting of four (4) separate Service Levels to parcels throughout the District. Each parcel within the District is charged for the proportional cost of the services attributable to the parcel. Each Service Level has differing costs depending upon the services provided. All parcels identified within a Service Level share in the cost of the service. The costs associated with the service are proportionately spread among all properties within that Service Level to which the service is provided. The Service Levels are identified as follows: · Residential Street Lighting · Perimeter Landscaping and Slope Maintenance (Not applicable to the annexation area.) · Refuse Collection · Road Improvement and Maintenance (Not applicable to the annexation area.) B. Redhawk Annexation Area Legal Description The annexation area is described as the parcels within the Redhawk Specific Plan Area and 53 commercial acres in the Vail Ranch Specific Plan area. Description of Service Levels The proposed services applicable to residential parcels within Redhawk for which the charges will be imposed beginning Fiscal Year 2005-2006 include: residential street lighting and refuse collection. Service Level B, Residential Street Lighting - includes all developed single family residential parcels and residential vacant parcels for which the District provides on-going servicing, operation, and maintenance of local street lighting improvements. The current rate for Service Level B is $25.68 per residential parcel and shall be applied to residential parcels the Redhawk Specific Plan area beginning Fiscal Year 2005-2006. Service Level D, Refuse Collection - provides for the operation and administration of the refuse collection program including recycling and street sweeping services for all single-family residential homes within the District. The current rate for Service Level D is $172.54 per single family residential home (developed residential parcel) and will be applied to all parcels that have requested service by the solid waste hauler within the Redhawk Specific Plan area that have been identified as developed with a residential home, beginning in Fiscal Year 2005-2006. Pursuant to Proposition 218, the rates and charges for this service may be changed by the Distdct after conducting an additional protest hearing on the matter. Mailed ballot proceedings are not required to establish Service Level D rates and charges. METHOD OF APPORTIONMENT The cost to provide services within Redhawk Specific Plan area will be fairly distributed among each assessable property by the same methods and formulas applied to ail parcels within the various Service Levels of the District. The following is the formula used to calculate each property's District charges and is applied to Service Level B (Residential Street Lighting) and Service Level D (Refuse Collection): Total Balance to Levy/Total Parcels (in Service Level) = Parcel Charge The following tables (Table I and II) reflect the levy calculations for each Service Level. TABLE I Parcel Charge Calculation for Service Level B Property Type Single family residential Single family vacant Parcel Charge Per IParcel Unit X Parce = Charge 1.00 $25.68 $25.68 1.00 $25.68 $25.68 Multiplier Per Parcel Per Parcel A charge is imposed on all residential parcels developed or undeveloped. Parks, open space areas, easements and non-buildable parcels are not assessed. TABLE II Parcel Charge Calculation for Service Level D Unit X Parcel [] Charge Multiplier Single family residential 1.00 $172.54 $172.54 I Per Parcel This charge is imposed only on developed single-family residential parcels (with a residential home). Pursuant to Proposition 218, this amount may be changed by the District after conducting an additional protest hearing. DISTRICT LEVY SUMMARY AND PROPOSED CHARGES Each Service Level within the District provides different and specific services to various parcels within the District. The rates and charges prescribed for each service and level of service are proportionately spread to only those parcels that are provided each respective service (Service Levels). Table IV below provides general levy information for the various Service Levels within the entire District for Fiscal Year 2003-2004. TABLE IV TCSD Budget and Service Level Summary For Fiscal Year 2003-2004 District Bud.qet and Char,qes Adopted in Fiscal Year 2003-2004 SERVICE LEVEL Total Levy Charge Per Total Levy Budget Levy Unit Units Service Level B Residential Street Lighting $459,544 $25.68 17,895 Service Level C Local Landscaping and Slopes Rate Level #1 (C-1) $47,886 $46.00 1041 Rate Level #2 (C-2) $93,340 $89.00 1060 Rate Level #3 (C-3) $195,808 $116.00 1688 $269,675 $175.00 1541 Rate Level #4 (C-4) $94,150 $70.00 1345 Rate Level #5 (C-5) $54,675 $225.00 243 Rate Level #6 (C-6) $228,201 $129.00 1769 Rate Level # 7(C-7) $4,200 $10.00 420 Rate Level #8 (C-8) Service Level D Refuse Collection $3,309,835 $172.54 19,183 Service Level R Road Maintenance Rate Level #1 (C-1) $7,146 $115.26 62 Rate Level #2 (C-2) $5,608 $121.92 46 Service Levels proposed for the Redhawk Specific Plan area are: TABLE V Proposed Service Level Charges For Redhawk Estimate Bud.clet and Char(les for Fiscal Year 2005-2006 SERVICE LEVEL Total Levy Charge Per Total Budget Lev~ Unit Units Service Level B: Residential Street Lighting $62,556 $25.68 2,436 Service Level D: $420,307 $172.54 2,436 Refuse Collection The "Total Levy Units" and the resulting ~Charge Per Levy Unit" (shown in Tables IV and V), reflect a method of apportionment that most faidy apportions the costs of the services to the parcels in that Service Level. The rates and method of apportionment outlined in this Report are consistent with the rates and methods previously approved by the TCSD Board of Directors for each applicable Service Level contained herein. However, all rates and methods described in this Report are subject to revision and modification within the prescribed parameters of the law. The actual rates and charges applied on the tax roll each fiscal year shall be apportioned and submitted according to the rates and method described in the final TCSD Annual Levy Report presented and approved by the Board of Directors at an annual Public Hearing. The following pages encompass a complete listing of all parcels within the Redhawk Specific Plan area subject to the TCSD Service Level B and D rates and charges beginning Fiscal Year 2005-2006. This listing shows the rate and charge that will be charged to each parcel based on development with a single-family residential unit. The rates and charges applied to each newly subdivided residential parcel will reflect the services provided and the development of each respective parcel at the time the rates and charges are applied. Exhibit A CITY OF TEMECULA REDHAWK SPECIFIC PLAN AREA AND 53 COMMERCIAL ACRES WITHIN THE VAIL RANCH SPECIFIC PLAN AREA The report listing all parcels is on file with the City Clerk Redhawk Annexation Area Fiscal Impact Analysis City of Temecula and County of Riverside City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 (909) 694-6444 August4,2003 SRHA Job #1022 TANLEY 11661 San Vicente Blvd. Suite 306 Los Angeles, California 90049-5111 310.820.2680, 310.820.8241 -fax www.stanleyrhoffman.com CONTENTS Chapter 1 1.I 1.2 1.3 1.4 1.5 1.6 Overview and Summary ........................................................................... 1 Overview of City of Temecula Fiscal Analysis ....................................................... 1 Pending Sales Tax Sharing Agreement Between City and County .......................... 1 Overview of County of Riverside Fiscal Analysis ................................................... 1 Summary of City Fiscal Analysis ............................................................................. 2 Summary of County Fiscal Factors .......................................................................... 2 Organization of Report ............................................................................................ 3 Chapter 2 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 Chapter 3 3.1 3.2 3.3 3.3.1 3.3.2 City of Temecula Fiscal Analysis ............................................................ 4 Land Development ................................................................................................... 4 Estimated Residential Value .................................................................................... 4 Population and Employment .................................................................................... 4 Property Tax Allocation .......................................................................................... 6 Public Infrastmcture ................................................................................................. 6 City of Temecula Fiscal Analysis ............................................................................ 7 Community Services District Revenues .................................................................. 8 Other Fiscal Assumptions ........................................................................................ 8 Sales Tax Estimate for 67-Acre Commercial Site ................................................... 8 County of Riverside Fiscal Analysis ..................................................... 14 Project Description for County Fiscal Analysis ..................................................... 14 County Fiscal Impacts ............................................................................................ 17 3.2.1 Prior to Annexation ......................................................................................... 17 3.2.2 Upon Annexation ............................................................................................. 19 County Fiscal Assumptions ................................................................................... 21 Revenue Assumptions ...................................................................................... 22 Cost Assumptions ............................................................................................ 26 Stanley R. Hoffman Associates, Inc. i Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside TABLES 2-1 Existing and Projected Assessed Valuation ......................................................................... 5 2-2 Allocation of Riverside County's Property Tax Rate ......................................................... 6 2-3 Public Road Infrastructure .................................................................................................. 7 2-4 Summary of Recurring Revenues and Costs ...................................................................... 10 2-5 General Fund Revenue Factors .......................................................................................... 11 2-6 General Fund Cost Factors ................................................................................................. 12 2-7 Estimated Sales Tax Revenues for 67-Acre Site ............................................................... 13 3-1 County of Riverside, Land Use and Market Summary ...................................................... 15 3-2 Riverside County General Fund, Recurring Revenues and Costs .......................................................................................... 18 3-3 Riverside County, 2003 Population and Employment Distribution .................................. 22 3-4 Riverside County General Fund, Summary of General Fund Revenue Factors ..................................................................... 23 3-5 Property Tax Allocations, Prior To and Upon Annexation to City of Temecula ......................................................... 23 3-6 Riverside County General Fund, Summary of General Fund Net Cost Factors ..................................................................... 27 Stanley R. Hoffman Associates, Inc. ii Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside Chapter 1 Overview and Summary 1.1 Overview of City of Temecula Fiscal Analysis This memorandum summarizes the fiscal impact of the proposed annexation of the Redhawk community area into the City of Temecula under two alternatives: 1. Alternative 1 -- Annexation of existing development with 2,436 developed residential parcels and 776 vacant parcels plus a 3.0-acre commercial site and a 67-acre commemial site (44 commercial acres currently estimated to be developed or under-construction). 2. Altemative 2 -- Annexation with full development of 3,212 residential parcels and the 3.0- acre and 67-acre commercial sites. For this analysis, the City of Temecula's fiscal impact model was calibrated with the fiscal year 2003-2004 budget. The fiscal factors were updated for the annexation analysis based on discussions with the City's Finance Department, Planning, Community Services and Public Works staff. 1.2 Pending Sales Tax Sharing Agreement Between City and County Under the earlier Vail Ranch Annexation Agreement, the County rebates 50 percent of the sales tax generated from the 67-acre site to the City. Another sales tax sharing agreement is pending between the City of Temecula and the County of Riverside. Upon annexation, the City would rebate the County 50 percent of the sales tax generated by the 67-acre site until a limit of $3,000,000 is reached. The City would receive the other 50 percent. When the limit of $3,000,000 is reached, then the County would not receive any more sales tax revenues and 100 percent would accrue to the City of Temecula. Currently, 44 acres of the 67-acre site is either developed or under construction. 1.3 Overview of County of Riverside Fiscal Analysis A fiscal analysis was also prepared for the County of Riverside's General Fund prior to annexation and under future build-out for the following two conditions after annexation: 1. Assuming that the 50 percent sales tax sharing agreement between the County of Riverside and the City of Temecula for the 67-acre commercial site is operational; and, 2. Assuming that the 50 percent sales tax sharing agreement limit of $3,000,000 is reached whereupon the County ceases to receive any sales tax revenues from the 67-acre site and 100 percent of the sales tax generated then accrues to the City of Temecula. Stanley R. Hoffman Associates, Inc. 1 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside 1.4 Summary of City Fiscal Analysis Alternative 1. Alternative l, assuming annexation of the existing development, is estimated to generate a net annual recurring steady state fiscal surplus o $~4,~, or a revenue-cost ratio of 1.03. This is before the proposed sales tax sharing arrangement where 50 percent of the sales tax generated by the 67-acre site, or an estimated $517,880 per year would be received by Riverside County up to a maximum of $3,000,000. At this rate, it would take approximately 5.8 years to payoff the $3,000,000 amount. Prior to achieving the steady state fiscal conditions, it is assumed that the citywide planning and general government/overhead functions would be phased in on a marginal basis and thereby assist in offsetting the sales tax sharing payment. Alternative 2. Alternative 2 presents the projected case at full build-out where the 67-acre and the 3- acre commercial sites are fully developed and all of the 3,212 residential units are developed. Under this alternative, the projected annual recurring steady state fiscal surplus increases to~269,339[ or a revenue-cost ratio of 1.10. Again, this is before the proposed sales tax sharing arrangement where 50 percent of the sales tax generated by the 67-acre site, or an estimated $788,590 per year, would be received by Riverside County up to a maximum of $3,000,000. At this rate, it would take approximately 3.8 years to payoff the $3,000,000 amount. Again, it is assumed that the citywide planning and general government/overhead functions would be phased in on a marginal basis and thereby assist in offsetting the sales tax sharing payment. 1.5 Summary of County Fiscal Analysis Prior to Annexation. Prior to annexation and assuming full build-out of Redhawk to the City of Temecula, a net annual recurring surplus of $944.0 thousand is projected to the County General Fund. The projected surplus is based on recurring revenues of $3.43 million and recurring costs projected at $2.49 million resulting in a revenue-cost ratio of 1.38. Property tax is the largest projected revenue source at about 35.2 percent of total General Fund revenues followed by sales and use tax at 23.0 percent. The third largest revenue source is motor vehicle license fees at 18.5 percent. Together, these three sources represent about 77 percent of the total revenues. Upon Annexation with Sales Tax Sharing. Upon annexation and with the proposed sales tax sharing agreement, the County General Fund is projected to receive anet annual surplus of $895,144. This is based on projected recurring revenues of $2,402,348 and recurring costs of $1,507,203. The sales tax sharing represents about $788,590 per year up to a maximum of $3,000,000. Stanley R. Hoffman Associates, Inc. 2 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside Upon Annexation without Sales Tax Sharing. Upon annexation at full build-out and assuming that the $3,000,000 limit for sales tax sharing has been reached, the County General Fund is projected to receive a net annual surplus of $106,554. This is based on projected recurring revenues of $1,613,758 and recurring costs of $1,507,203. The two major sources of revenues under the post- sales tax sharing agreement are property taxes at 56 percent of total General Fund revenues and motor vehicle license fees at 39 percent. 1.6 Organization of Report Chapter 2 presents the fiscal analysis for the City of Temecula along with the land development statistics and key assumptions. Chapter 3 presents the fiscal analysis for the County of Riverside General Fund prior to and post-annexation along with the land development statistics and key assumptions. Stanley R. Hoffman Associates, Inc. 3 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside Chapter 2 City of Temecula Fiscal Analysis 2.1 Land Development The proposed Redhawk annexation area is comprised of: · A total of 3,212 residential units at build-out. · 2,436 developed residential parcels with an estimated average property value (2003) of $240,474 per unit based on Riverside County's Auditor-Controller data. · 776 undeveloped (vacant) parcels with an estimated average land value (2003) of $72,424 per parcel. · 3.0 acres of land zoned for neighborhood retail development - 30,000 sq. ft. of total estimated leasable space · 67.0 acres of land zoned for community retail development - 670,000 sq. ft. of total estimated leasable space with 44 acres, or 440,000 sq. ft. of space, either currendy developed or under construction. 2.2 Estimated Residential Value Table 2-1 provides an estimate of the assessed valuation for the residential property in the annexation area. Estimated valuations from 2001 for existing units were adjusted by 3% annually (2% under the Proposition 13 limitation plus 1% for turnover). The total estimated residential assessed valuation in 2003 under Alternative 1 is $641,995,688 for 2,436 developed parcels and 776 vacant parcels. For Alternative 2, an average assessed value of $282,000 was estimated per unit for the 766 currently undeveloped parcels. This is based on estimated average prices of homes currently being sold in Zip code 92592 that contains the Redhawk development. This yields as estimated total residential property valuation of $804,626,664 at full development. 2.3 Population and Employment Population in the proposed annexed area is based on a factor of 2.85 persons per residential unit, resulting in an estimated current population of 6,943 persons in the Redhawk project area under Alternative 1. For Alternative 2, with the addition of 766 homes, the population is estimated to increase to 9,154. Existing retail employment is estimated at 940. This includes the 3.0-acre commercial site, representing an estimated 30,000 square feet of retail space and an estimated employment of 60 plus Stanley R. Hoffman Associates, Inc. 4 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Ternecula and County of Riverside 440,000 square feet and an estimated employment of 880 for the 67-acre site. This estimate is based on 44 acres currently either developed or under construction on the 67-acre site. Retail employment is estimated using an average factor of 500 square feet per retail employee. At full development there is an estimated retail employment of 1,400. Again, this is based on 60 employees at the 3-acre site plus 1,340 employees at the 67-acre commercial site. Full development of the 67-acre site is estimated to contain 670,000 square feet of retail space or 1,340 employees at 500 square feet per retail employee. Table 2-1 Redhawk Annexation Area Existing and Projected Assessed Valuation Valuation Category 2003 1. Estimated Property Value -- Existing Residential Developed Units 2,436 Estimated Value per Unit1 $240,474 Estimated Valuation $585,794,664 Estimated Property Value -- Vacant Lots Undeveloped Units Estimated Value per Parcel~ Estimated Valuation 776 $72,424 $56,201,024 Total Estimated Existin.q Residential Valuation $641,995,688 2. Estimated Property Value -- Future Residential Future Developed Units Estimated Value per Unit~ Estimated Valuation 776 $282,O00 $218,832,000 Total Estimated Future Residential Valuation a $804,626,664 1. Based on valuations from the 2001 Riverside County assessor's data base and increased by 3% annually to 2003. 2. Based on recent sales data for Zipcode 92592 that includes the Redhawk development. 3. Includes the sum of the valuation for the 2,436 existing developed units plus the future development of 766 units. Source: Stanley R. Hoffman Associates, Inc. Riverside County Auditor-Controller's Assessor Data Base Stanley R. Hoffman Associates, Inc. 5 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside 2.4 Property Tax Allocation As shown in Table 2-2, the City General Fund will receive 25 percent of the current allocation of the County's General Fund property tax rate, which is equal to 3.28% of the 1.0% basic property tax levy. The City's share of property tax revenues is calculated for each Tax Rate Area (TRA). The County's General Fund Tax Rate for each TRA is multiplied by the ERAF (Educational Revenue Augmentation Fund) retention factor to determine the County's share of the property tax revenues. The County's share of the property tax revenues is then multiplied by 25 percent to determine the City's distribution as shown in Table 2-2. Table 2-2 Redhawk Annexation Area Allocation of Riverside County's Property Tax Rate County General County ERAF County Share Fund Property Retention of Property Tax TRA Parcels Tax Rate Factor ~ Revenues 94101 1,254 0.2548 0.507 0.1292 92102 23 0.2710 0.507 0.1374 94130 423 0.2699 0.507 0.1368 Wei~lhted Rate 0.2588 0.507 0.1312 City Share of Property Tax - Annexed Area 2 25% City Share of Property Tax Rate - Annexed Area 0.0328 Notes: 1. The ERAF (Educational Revenue Augmentation Fund) shift results in the county retaining approximately 50,7% of the initial tax rate with the remainder going to the public schools. 2. Upon annexation, the City/County property tax transfer agreement stipulates that the City only receives 25% of the County's property tax rate in the unincorporated area, while the County retains the remaining 75%. Source: Stanley R. Hoffman Associates, Inc. Riverside County Auditor-Controller's Assessor Data Base 2,5 Public Infrastructure Table 2-3 provides a summary of the estimated arterial, major, collector and local road lane miles for the project. The proposed annexation area contains an estimated total of 22.14 lineal miles of these roads and 50.52 lane miles. Local serving roads are estimated at 52.42 lineal feet per parcel or 31.89 lane miles at build-out. All local roads are assumed to be two lanes. Six new traffic signals are also estimated to be annexed into the City. Stanley R. Hoffman Associates, Inc. 6 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside Road Type urban arterial 96' major 80' residential collector 68' industrial collector 86' residential 40' Table 2-3 Redhawk Annexation Area Public Road Infrastructure Incremental I Storm Segment Lanes Curbs Signals Drain City Lane Curb Lineal Length Factor Share Miles Miles Miles 720.0 6 4 2.00 0.80 100% 0.82 0.55 0.14 15,020.1 4 2 2.00 0.80 100% 11.38 5.69 2.84 13,297.6 2 2 0.80 100% 5.04 5.04 2.52 3,671.5 2 2 2.00 0.80 100% 1.39 1.39 0.70 84,199.2 2 2 0.80 100% 31.89 31.89 15.95 116,908.4 16 12 6 50.52 44.56 22.14 Source: Stanley R. Hoffman Associates, Inc. City of Temecula, Geographic Information Systems ' 2.6 City of Temecula Fiscal Analysis The fiscal analysis is presented in Table 2-4 for both Alternative 1 and Alternative 2. Alternative 1, assuming annexation of the existing development, is estimated to generate a net annual recurring steady state fiscal surplus of $64,442, or a revenue-cost ratio of 1.03. This is before the proposed sales tax sharing arrangement where 50 percent of the sales tax generated by the 67-acre site, or an estimated $517,880 annually as shown at the bottom of Table 2-4, would be received by Riverside County up to a maximum of $3,000,000. At this rate, it would take approximately 5.8 years to payoff the $3,000,000 amount. Prior to achieving the steady state fiscal conditions, it is assumed that the citywide planning and general government/overhead functions would be phased in on a marginal basis and thereby assist in offsetting the sales tax sharing payment. Alternative 2 presents the projected case at full build-out where the 67-acre and the 3-acre commercial sites are fully developed and all of the 3,212 residential units are developed. Under this alternative, the projected annual steady state fiscal surplus increases to $269,339, or a revenue-cost ratio of 1.10. Again, this is before the proposed sales tax sharing arrangement where 50 percent of the sales tax generated by the 67-acre site, or an estimated $788,590 annually as shown at the bottom of Table 2-4, would be received by Riverside County up to a maximum of $3,000,000. At this rate, it would take approximately 3.8 years to payoff the $3,000,000 amount. Again, it is assumed that the citywide planning and general government/overhead functions would be phased in on a marginal basis and thereby assist in offsetting the sales tax sharing payment. Stanley R. Hoffman Associates, Inc. 7 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside After sales taxes, representing 46.0 percent to almost 50 percent of the projected revenues, the next major source of revenue is the Motor Vehicle License In-Lieu fee of $344,234 to $453,855 representing about 14.4 percent to 15.3 percent of the total revenues. This is followed by property taxes at $236,011to $301,802. This represents another 10.0 percent of total revenues. The other revenue sources combined represent about 26.0 to 28.0 percent of total revenues. The major costs are Police Protection at $887,408 to $1,180,165, or about 45.0 percent of total costs and net Fire Protection at $259,034 to $345,443, or about 13.0 percent. The combined Public Works costs are estimated to range from $227,316 to $279,271, or about 11.0 percent. These three cost categories represent about 70 percent of the public cost budget. 2.7 Community Services District Revenues The Temecula Community Services District (CSD) provides for the maintenance of parks and recreation, arterial street lighting and medians, residential street lighting and residential refuse collection and recycling in Redhawk. Charges are levied on a per parcel basis for residential parcels and on an EDU (Equivalent Dwelling Unit) basis for non-residential parcels. The residential and non-residential parcels will also cover perimeter landscaping separately through a Homeowners' Association rather than through the CSD. The estimated annual revenues generated from these parcel charges range from $655,294 for Alternative 1 to $867,097 for Alternative 2 and are considered adequate to pay for the required maintenance costs. 2.8 Other Fiscal Assumptions Revenue and cost assumptions for the fiscal model were derived from the City's fiscal year 2003- 2004 budget. The revenue and cost assumptions and factors are summarized in Tables 2-5 and 2-6, respectively. Table 2-5 highlights the revenue factors for property and sales taxes, business license tax, franchise fees, motor vehicle license taxes, State gasoline taxes, fines and forfeitures and CSD parcel charges. Table 2-6 highlights the cost factors for police and fire protection, public works and community services, non-fee supported planning costs and citywide overhead. 2.9 Sales Tax Estimate for 67-Acre Commercial Site A sales tax estimate has been prepared for the 67-acre commercial site as presented in Table 2-7 with the assistance of Hinderliter de Llamas, the City's sales tax consultant. The estimate is based on Stanley R. Hoffman Associates, Inc. 8 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Ternecula and County of Riverside about developed 44 acres that includes both existing establishments and those just opened or under construction, such as: Wal-Mart, Kohls, Ross and Famous Footwear. Where newer stores or those under construction do not have a year of actual retail sales performance data, then countywide averages for theses same stores are used. This also includes retail sales at the existing golf course clubhouse. The estimated sales tax of $941,000 over the 44 acres yields an estimated taxable sales per square foot of $214 based on about 10,000 retail square feet per acm or a floor area ratio of about 23 pement. Stanley R. Hoffman Associates, Inc. 9 Redhawk Annexation A rea Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside TABLE 2-4 REDHAWK ANNEXATION ANALYSIS SUMMARY OF RECURRING REVENUES AND COSTS I Alternative 1 Alternative 2 Existing Development Buildout Development Recurring Revenues: Amouar % Amount % Property tax $236,011 10.5% $301,802 9.6% Transfer tax: New Development ($0) 0.0% $0 0.0% Turnover $31,264 1.4% $39,895 1.3% Sales/Use Tax: 3 Acre Site $52,800 2.3% $52,800 1.7% Sales/Use Tax: 67 Acre Site~ $1,035,760 46.0% $1,577,180 49.9% Transient occupancy tax $0 0.0% $0 0.0% Business License tax $6,082 0.3% $9,058 0.3% Franchises $140,449 6.2% $186,241 5.9% Motor vehicle in-lieu $344,234 15.3% $453,855 14.4% State gasoline tax $136,499 6.1% $179,968 5.7% Measure A sales tax (capital projects) $200,097 8.9% $263,818 8.4% Fines and forfeitures $38,390 1.7% $51,398 1.6% Iaterest $29,716 1.320% $41,927 1.3% Other $0 0.0% $0 0.0% Subtotal $2,251,302 100.0% $3,157,942 100.0% Net of Measure A sales tax (capital projects) $200,097 Total Revenues $2,051,205 $263,818 $2,894,124 Recurring Costs: Police protection $887,408 44.7% 1,180,165 45.0% Net fire cost $259,034 13.0% 345,443 13.2% Animal control $9,790 0.5 % 16,111 0.6% Public Works - Sheets $199,531 10.0% 244,796 9.3% Public Works - Other $3,430 0.2% 4,553 0.2% Public Works - Admin. $24,355 1.2% 29,922 1.1% Community Services2 $196,131 9.9% 262,085 10.0% Planning (Non-Fee Supported) $169,233 8.5% 227,082 8.7% Citywide overhead $237,852 12.0% 314,181 12.0% Total Costs $1,986,763 100.0% $2,624,339 100.0% Net Recurring Fiscal Impact $64,442 $269,785 Recurring Revenue/Cost Ratio 1.03 1.I0 Sales Tax Sharing Agreement Analysis Retail Sales Tax Sharing with Riverside County 50% Sales Tax To County for 67 Acre Site $517,880 Payoff Amount to Riverside County $3,000,000 Years to Achieve Payoff 5.8 50% $788,590 $3,000,000 3.8 Note: 1. Assumes 50% of sales tax goes to Riverside County until $3,000,000 payoff limit is reached. 2. These are net General Fund costs that are not cove~d by the CSD parcel charge revenues. 3. This scenario assumes that ali vacant parcel are developed at the average value of $282,000. Source: Stanley R. Hoffrozn Associates, Inc. City of Temecula Fiscal Model Stanley R. Hoffman Associates, Inc. 10 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside TABLE 2-5 REDHAWK ANNEXATION ANALYSIS GENERAL FUND REVENUE FACTORS ** POPULATION AND EMPLOYMENT ** 75,014 TEMECULA POPLrLATION FOR CALCULATING MULTIPLIERS (DOF -2003) 36,307 TEMECULA EMPLOYMENT FOR CALCULATING MU-LT]PI.II:RS (City - 2003) ** LOCAL TAXES ** 1.0% 3.28% 6.59% $0.00055 0.80 0.10 0.08 0.08 0.08 0.08 0.08 0.33 5.92 PROPERTY TAX RATE, TOTAL TEMECULA GENERAL FUND STRUCTURAL FIRE TAX PROPERTY TRANSFER TAX RATE PER $1 OF AV CONSIDERATION RATE (for a'ansfer tax) TURNOVER RATES--RESIDENTIAL --HOTEL --OFFICE -RETA1L --INDUSTRIAL & other non-residential TRANSIENT OCCUPANCY TAX RATE RATIO OF HOUSEHOLD INCOME TO HOUSING VALUE BUSINESS LICENSE TAX PER EMPLOYEE ** FRANCHISE FEES ** 4.00 GAS FRANCHISE--Per EDU 22.18 ELECTRICITY FRANCHISE--Per EDU 11.64 SOLID WASTE FRANCHISE--Per EDU 17.31 CABLE TV FRANCHISE--Per DU ** REVENUE FROM OTHER AGENCIES ** $4.42 STATE GASOLINE TAX-2106 PER CAPITA $6.54 STATE GASOLINE TAX-2105 PER CAPITA $8.70 STATE GASOLINE TAX-2107 PER CAPITA $49.58 MOTOR VEHICLE LICENSE FEES PER CAPITA $24.13 MEASURE A PER CAPITA (for capital projects) ** OTHER REVENUES ** $4.87 FINES AND FORFEITURES per capita and employee 1.26% INTEREST FACTOR as % of net General Fund revenues **CSD PARCEL CHARGES** -- SINGLE FAMILY RESIDENTIAL -- $63.44 CITYWIDE PARKS/RECREATION $0.00 A. ART~ STR. LTG./MED. (included under Citywide factor) $25.68 B. RESIDENTIAL STREET LIGHTING $0.00 C. PERIMETER LANDSCAPING (covered by HOA) $172.54 D. RES. REFUSE/RECYCLING -- MULTI-FAMILY RESIDENTIAL -- $47.58 CITYWIDE PARKS/REC. (75% of Single Family rate) $0.00 A. ART'L STR. LTG./MED. (included under Citywide factor) -- NON-RESIDENTIAL PER ACRE -- (Developed) $380.64 CITYVvlDE PARKS/REC. (@ 6 edu per acre and $63.44 per edu) $0.00 A. ART'L STR. LTG./MED. (included under City~ride factor) Source: Stanley R. Hoffman Associates, Inc, City of Temecula FiscaJ Model -- August 2003 Stanley R. Hoffman Associates, Inc. 11 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside TABLE 2-6 REDHAWK ANNEXATION ANALYSIS GENERAL FUND COST FACTORS ** POLICE PROTECTION $119.25 POLICE PATROL COSTS PER CAPITA $63.25 POLICE PATROL COSTS PER EMPLOYEE ** FIRE PROTECTION ** $178.17 FIRE PROTECTION PER RESIDENTIAL EDU $178.17 FIRE PROTECTION PER NON-RESIDENTIAL EDU $81.19 FIRE PROTECTION CREDIT PER EDU ** ANIMAL CONTROL ** $1.76 ANIMAL CONTROL COST PER CAPITA ** COMMUNITY SERVICES DISTRICT - CITYWIDE SERVICES ** $72.16 COMMUNrrY SERVICES COST PER EDU ** PUBLIC WORKS/PARK MAINTENANCE ** $3,978.00 $795.60 $5,610.00 $918.00 $1,530.00 $7,140.00 $204.00 12.0% PAVEMENT MAINTENANCE PER LANE MILE STREET SWEEPING PER CURB MILE - ALL STREETS TRAFFIC SIGNAL O & M PER INTERSECTION STORM DRAIN MAINTENANCE PER LINEAL MILE BRIDGE MAINTENANCE PER BRIDGE PARK MAINTENANCE PER ACRE OPEN SPACE MAINTENANCE PER ACRE PUBLIC WORKS ADMINISTRATIVE OVERHEAD ** PLANNING DEPARTMENT ** $21.04 PLANNING COST PER CAPITA (non-fee supported) $24.63 PLANNING COST PER EMPLOYEE (non-fee supported) ** CITYWIDE OVERHEAD ** 13.6% CITYWIDE GENERAL GOVERNMENT ADMIN. RATE ** EQUIVALENT DWELLING UNIT FACTORS ** 1.0 per single family residential unit 0.8 per multi family residential unit 0.5 per 1,000 non-residential sq. ft. Source: Stanley R. Hoffman Associates, Inc. City of Temecula Fiscal Model - August 2003 Stanley R. Hoffman Associates, Inc. 12 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside TABLE 2-7 REDHAWK ANNEXATION AREA ESTIMATED SALES TAX REVENUES FOR 67-ACRE SITE Retail Establishments Estimate(i Sales Tax Per Year Apparel StoresI $90,000 General Merchandise~ 775,500 Eating & Drinking 32,000 Other~ 43,500 TOTAL3 $941,000 1. Existing estimated sales tax revenue for 67-acre site is based on both existing establishments and these just opened or underconstruction such as: Wal-Mart, Kohls, Ross and Famous Footwear. 2. Includes taxable sales of service station, golf course and other smaller, retail establishments. 3. An estimated 44 acres of the 67-acre site is developed or underconstruction. Soumes: Stanley R. Hoffman Associates, Inc. Hinderliter de Llamas Stanley R. Hoffman Associates, Inc. 13 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside Chapter 3 County of Riverside Fiscal Analysis This chapter presents the fiscal impact analysis of the Redhawk area that is currently located in the unincorporated area of Riverside County. Three fiscal impacts are projected for the following Alternatives: · Prior to Annexation Alternative. This Alternative projects fiscal impacts to Riverside County prior to annexation of the Redhawk area to the City of Temecula. Under the Vail Ranch Annexation Agreement, the County rebates 50 percent of the sales tax generated from the 67-acm site to the City. Recurring revenues and costs are projected to the County General Fund. · Upon Annexation Alternative. This Alternative assumes the Redhawk area will be annexed to the City of Temecula. - With Sales Tax Sharing. This annexation Alternative projects the fiscal impacts to the Riverside County General Fund with a sales tax sharing agreement assuming the County receives 50 percent of the sales tax projected for the 67-acre commercial retail parcel included in the project until the sum reaches $3,000,000. - Without Sales Tax Sharing. This annexation Alternative projects fiscal impacts to the Riverside County General Fund after the $3,000,000 sales tax amount is reached, and the City of Temecula receives 100 percent of the projected sales tax. Section 3.1 presents the land use and market summary for County fiscal analysis of the Redhawk area. Section 3.2 presents the fiscal impacts to the Riverside County General Fund prior to and upon annexation of Redhawk to the City of Temecula. The fiscal assumptions for the Riverside County analysis are presented in Section 3.3. 3.1 Project Description for County Fiscal Analysis The land use and market summary for the Redhawk annexation area is presented in Table 3-1. The table presents the summary prior to annexation and upon annexation with the sales tax sharing alternatives. The entire Redhawk study area is proposed for annexation to the City of Temecula. Units and Square Feet. As shown in Panel A of Table 3 - 1, a total of 3,212 single-family residential units are included in the Redhawk annexation area. Of the total units, 2,436 units are existing and 776 residential units are planned for futura development. Two commemial parcels with a total of 700,000 square feet are planned for Redhawk: 1) A 3-acre parcel with 30,000 square feet of neighborhood retail, and 2) A 67-acre parcel with 670,000 square feet of community retail. Stanley R. Hoffman Associates, Inc. 14 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Ternecula and County of Riverside TABLE 3-1 REDHAWK ANNEXATION AREA COUNTY OF RIVERSIDE LAND USE AND MARKET SUMMARY (in Constant 2003 Dollars) A. UNITS AND SQUARE FEET Single Family Residential Units Existing Devalopment Future Development Total Residential Units Commercial Retail Seuam Feet 3-Acre Parc, e] (Neighperhood) 67-Acre Parcel (Community) Total Commemial Retail Square Feet Prior to r Annexation Upon AnnexationI ] Wit ~hS:lrienSgTaX I Wit h°sU~aSrianl;S Tax I 2,436 0 0 3,212 0 0 30,000 0 0 670,000 _0 (3 700,000 0 0 B. POPULATION AND EMPLOYMENT Population (@2.85 persons per unit) Employment {@ 500 square feet per employee) 9,154 0 0 1,400 0 0 C. ASSESSED VALUATION Sinale Farnilv Residential Units Existing Development (@ $240,474 per unit) Future Development (@ $282,000 per unit) Total Residential Valuation Commercial Retail (@ $165 per buildtaq square foot)2 $585,794,664 $585,794,664 $585,794,664 218,832,000 218,832,000 218,832,00~) $504,626,664 $804,626,664 $804,626,664 $115,500.000 $115,500,000 $115,500,000 Total Assessed Valuation D. PROPERTY TAXa $920,126,664 $920,126,664 $920,126,664 $1,207,206 $905,405 $905,405 E. COMMERCIAL RETAIL TAXABLE SALES 3-Acre Parcel (Neighborhood) (@ $160 per square foot) $4,800,000 $5 67.Acre Parcel (Community) ( @ $214 per square foot? 143.380.000 71.690.000 Total Commemial Retail Taxable Sates $148,180,000 $71,690,000 F. SALES AND USE TAX4 3-Acre Parcel (Neighborhood) 67.Acre Parcel (Community) - 50% to the County 67-Acre Parcel (Community) - 50% to the City Total Sales and Use Tax 0 o $o $52,800 $0 $0 788,590 788,590 $0 788.590 fi ~ $1,629,980 $788,590 $0 Notes: 1. Two scenarios are presented upon annexation of the Redhawk area: 1) With a sales tax shahng agreement assuming the County receives 50 percent of the sales and use tax projected for the 67-acre community retail parcel until the sum reaches $3,000,000, 2) After the $5,000,000 cap is reached, the City receives 100 percent of the salee tax from the 67-acre parcel. 2. Commercial retail is valued at a total of St 65 per building square foot and includes land, building and unsecured valuatJo 3. The fiscal analysis assumes that upon annexation 25 percent of the current allocation of 13.12 pement of the basic one percent property tax levy to the County General Fund will shirt to the City of Temecula General Fund. 4. Sales tax is projected at 1 percent of taxable sales and use tax is projected at 10 pement of sales tax. Currenlly the County has a tax sharing agreement to rebate to the City 50 percent of the sales tax generated by the 67-acre parcel Source: Stanley R. Hoffman Associates, Inc. City of Temecula County of Riverside Auditor Controller Stanley R. Hoffman Associates, Inc. 15 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Ternecula and County of Riverside Population and Employment. Redhawk area population is estimated at 9,154 based on 2.85 persons per housing unit. Employment associated with the Redhawk study area is estimated at 1,400 based on 500 square feet per employee. Assessed Valuation. As shown in Panel C of Table 3-1, the total assessed valuation for Redhawkis estimated at $920.13 million. Residential valuation is estimated at $804.63 million and includes $585.79 million for the existing residential units ($240,474 per unit) and $218.82 million for the future residential units ($282,000 per unit). Commercial valuation is estimated at $115.50 million based on a valuation of $165 per square foot including land value, building construction and unsecured valuation. Property Tax. Projected property tax to the County of Riverside is based on the total project assessed valuation and the property tax allocation to the County General Fund for the Tax Rate Areas for the Redhawk area. Prior to annexation, property tax to the County General Fund is projected at 13.12 percent of the basic one percent levy, or $1.21 million. Upon annexation 25 percent of the property tax allocation will shift to the City and the County General Fund will continue to receive property tax. Upon annexation, the County General Fund is projected to receive property tax at 9.84 percent of the basic one percent property tax levy, or $905.4 thousand. Commercial Retail Taxable Sales. Total taxable sales for the commercial development in the Redhawk area are projected at $148.18 million prior to annexation. As shown in Panel E of Table 3- 1, taxable sales for the 3-acre neighborhood parcel are projected to total $4.80 million, assuming $160 of taxable sales per square foot for the 30,000 square feet of neighborhood uses. Taxable sales for the 67-acre square foot parcel (670,000 square feet) are projected at $143.38 million, assuming $214 taxable sales per square foot for the community retail uses. Prior to annexation, County rebates 50 percent of the sales tax generated from the 67-acre site to the City. Upon annexation with the tax sharing agreement, 50 percent of the taxable sales for the 67-acre parcel ($71.69 million) are allocated to the County until the County receives a total of $3.00 million in sales tax from the parcel. After the $3.00 million cap is reached, no taxable sales are projected for the County. Sales and Use Tax. Total sales and use tax are projected at $1.63 million from the 67-acre commercial site prior to annexation. As shown in Panel F of Table 3-1, sales and use tax to the County is projected at $788.6 thousand with the Vail Ranch sales tax sharing agreement. Stanley R. Hoffman Associates, Inc. 16 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside 3.2 County Fiscal Impacts Table 3-2 presents the recurring revenues and costs to the Riverside County General Fund prior to and upon annexation of Redhawk to the City of Temecula. The County General Fund receives property tax at an average rate of 13.12 percent of the basic one percent levy prior to annexation; upon annexation, the estimated average rate is 9.84 percent of the basic one percent levy. Upon annexation the County also receives property transfer tax, motor vehicle license in-lieu revenues, property tax administration revenues. Upon annexation with the property tax agreement, the County will also receive sales and use tax for the 67-acre parcel in the project until a $3.00 million cap is mached. Prior to annexation, the County provides municipal-type services, such as Sheriff patrol and development services to the unincorporated Redhawk area, as well as countywide services that are provided to all County residents within incorporated and unincorporated areas. Upon annexation of the Redhawk area to the City of Temecula, the County General Fund provides only countywide services to Redhawk. 3.2.1 Prior To Annexation Prior to annexation of Redhawk to the City of Temecula, a recurring surplus of $944.0 thousand is projected to the County General Fund. The projected surplus is based on recurring revenues projected at $3.43 million and recurring costs projected at $2.49 million resulting in a revenue/cost ratio of 1.38. County General Fund Recurring Revenues Prior to Annexation. As Table 3-1 indicates, the largest projected revenue source to the County General Fund prior to annexation of Redhawk is property tax at $1.21 million, about 35.2 percent of total recurring revenues. The second largest recurring revenue source is sales and use tax, projected at $788.6 thousand and 23.0 percent of total projected recurring revenues prior to annexation. This is followed by the third largest revenue source, motor vehicle license in-lieu revenues at $633.3 thousand, or 18.5 percent of recurring revenues. These three revenue sources represent approximately 76.7 percent of total projected recurring revenues to the County General Fund from Redhawk prior to annexation. Stanley R. Hoffman Associates, Inc. 17 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside TABLE 3-2 REDHAWK ANNEXATION AREA RIVERSIDE COUNTY GENERAL FUND RECURRING REVENUES AND COSTS (In Constant 2003 Dollars) Amou~ I Upon Al~iexatioa2 Prior With Without to Sales Tax Sales Tax Annexation~ Sharln~l Sharin$ Percent of Total Upon Annexationa Prior With Without to Sales Tax Sales Tax Annexat on Sharln~l Sharin~l Recurflnq Revenues Property tax $1,207,206 $905,405 $905,405 35.2% 37.7% 56.1% Property transfer tax 94,861 47,431 47,431 2.8% 2.0% 2.~Y~ Sales and use tax: 3-Acre Parcel 52,800 0 0 1.5% 0.0% 0.0% Sales and use tax: 67-Acre Parcel 788,590 788,590 0 23.0% 32.8% 0.0% Franchise taxes 92,426 0 0 2.7% 0.0% 0.0% Aalmar licenses 15,301 0 0 0.4% 0.0% 0.0% License-CATV 44,235 0 0 1.3% 0.0% 0.0% Vehicle code fines 47,452 0 0 1.4% 0.0% 0.0% Other fines, forfeitures and banalties 134,616 0 0 3~9% 0.0% 0.0% Forfeitures end penalties 38,024 0 0 1.1% 0.0% 0.0% Motor vehicle license in-lieu revenues 633,332 633,332 633,332 18.5% 26.4% 39.2% Federal in-lieu taxes 5,543 0 0 0.2% 0.0% 0.0% PropeAy tax administration 27,590 27,590 27,590 0.8% 1.1% 1.7% Building use and concessions 5,017 0 0 0.1% 0.0% 0.0% Contributions from other funds 207,290 0 0 6.0% 0.0% 0.0% Interest on Invested Funds 36,521 0 0 1.1% 0.0% 0.0% Total Resurrlng Revenues $3,430,805 $2,402,348 $1,613,758 100.0% 100.0% 100.0% RecurHna Costs~ Municipal-Type Costs: Sheriff Coroner - patrct $886,979 $0 $0 35.7% 0.0% 0.0% Development services 92,603 _0 _0 3.7% 0.0°/, 0.Q% Subtotal $979,583 $0 $0 39.4% 0.0% 0.0% Countywide Costs: General government $201,461 $201,461 $201,461 8.1% 13.4% 13.4% Public protection 796,162 796,162 796,162 32.0% 52.8% 52.8% Health and sanitation 171,298 171,298 171,298 6.9% 11.4% 11.4% Public assistance 227,672 227,672 227,672 9.2% 15.1% 15.1% Education, recreation and culture 2,060 2,060 2,060 0.1% 0.1% 0.1% Debt service and contingency 108,551 108,551 108.551 4.4% 7.2% 7.2% Subtotal $1,507,203 $1,507,203 $1,507,203 60.6% 100.0% 100.0% Total Recurring Costs $2,486,786 $1,507,203 $1,507,203 100.0% 100.0% 100.0% Net Recurrlna Surelus $944,019 $895,144 $106,554 Revenue/Cost Ratio 1.38 1.59 1.07 Notes: 1. Currantly the County has a tax shadng agreement to rebate to the City 50 percent of the sales tax generated by the 67-acre community commercial parcel. 2. Two scenarios are presented upon annexation of the Redhawk area: 1) With a sales tax sharing agreement assuming the County receives 50 percent of the sales tax projected for the 67-acre community retail parcel until the sum reaches $3,000,000. 2) After the $3,000,000 cap is reached, the City receives 100 percent of the sales tax from the 67-acre parcel. 3. Municipal costs are for public services provided directly to the project, while Countywide costs are potentially provided to all residents of the County. Source: StanleyR. Hoffman Associates, Inc. Stanley R. Hoffman Associates, Inc. 18 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside County General Fund Recurring Costs Prior to Annexation. Table 3-1 also presents projected recurring costs to the County General Fund prior to annexation of Redhawk to the City of Temecula. Prior to annexation, annual recurring costs are projected at $2.49 million. Recurring costs to the County of Riverside General Fund prior to annexation include the municipal-type costs of sheriff patrol protection and development services. Other costs are considered countywide and are projected both prior to annexation and upon annexation since they are provided to all residents of the County. Sheriff patrol protection costs are projected at $887.0 thousand prior to annexation and account for 35.7 percent of the total recurring annual costs prior to annexation. The next largest projected cost is countywide public protection, projected at $796.2 thousand and 32.0 percent of total projected recurring costs prior to annexation. Countywide public protection includes district attorney, public defender and other court related operations costs. The third largest cost is public assistance projected at $227.3 thousand and 9.2 percent of total projected recurring costs prior to annexation. Sheriff patrol, public protection and public assistance costs represent 76.9 percent of total projected recurring costs to the County General Fund prior to annexation. Other projected costs to the County General Fund prior to annexation include countywide general government, countywide health and sanitation, countywide debt service and contingency, development services and countywide education, recreation and cultural services. 3.2.2 Upon Annexation Projected impacts to the County General Fund upon annexation are also presented in Table 3-2. Fiscal impacts upon annexation are projected with a tax sharing agreement and without a tax sharing agreement. With Tax Sharing Agreement A recurring surplus of $895.1 thousand is projected to the County General Fund after annexation of Redhawk with a tax sharing agreement between the County and the City of Temecula. Recurring revenues are projected at $2.40 million and recurring costs are projected at $1.51 million upon annexation. This results in a revenue/cost ratio of 1.59. Pro. iected Recurring Revenues. Projected recurring revenues to the Riverside County General Fund upon annexation with a tax sharing agreement include only property tax, property transfer tax, sales and use tax for the 67-acre parcel, motor vehicle license in-lieu revenues and property tax Stanley R. Hoffman Associates, Inc. 19 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside administration revenues. Upon annexation, property tax is the largest projected revenue source to the County General Fund projected at $905.4 thousand and representing 37.7 percent of total recurring revenues. The second largest recurring revenue upon annexation is sales and use tax, projected at $788.6 thousand and representing approximately 32.8 percent of total projected recurring revenues. The third largest County General Fund revenue source is motor vehicle in-lieu revenue at $633.3 thousand, or about 26.4 percent of total projected recurring revenues upon annexation of Redhawk to the City of Temecula. Pro. iected Recurring Costs. Table 3-2 also presents projected recurring costs to the County General Fund upon annexation of Redhawk with a tax sharing agreement. After annexation, annual recurring costs are projected at $1.51 million. Recurring costs to the County of Riverside General Fund upon annexation include countywide net operating costs. Police protection and development services to Redhawk will be provided by the City of Temecula upon annexation. The largest projected cost upon annexation is countywide public protection, estimated at $796.2 thousand and 52.8 percent of total recurring costs upon annexation. Public assistance is the next largest countywide cost upon annexation, projected at $227.7 thousand and 15.1 percent of total recurring costs upon annexation. The third largest cost upon annexation is general government, projected at $201.5 thousand and 13.4 percent of total recurring costs. These three costs represent 81.3 percent of total recurring countywide costs upon annexation. Without Tax Sharine Al~reement A steady state annual recurring surplus of $106.6 thousand is projected to the County General Fund after annexation of Redhawk without a tax sharing agreement. Recurring revenues are projected at $1.61 million and recurring costs are projected at $1.51 million upon annexation. This results in a revenue/cost ratio of 1.07. Pro, iected Recurring Revenues. Projected recurring revenues to the Riverside County General Fund upon annexation without a tax sharing agreement include only property tax, property transfer tax, motor vehicle license in-lieu revenues and property tax administration revenues. Upon annexation, property tax is the largest projected revenue source to the County General Fund projected at $905.4 thousand and representing 56.1 percent of total recurring revenues. The second largest recurring revenue upon annexation is motor vehicle in-lieu revenue, projected at $633.3 Stanley R. Hoffman Associates, Inc. 20 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside thousand and representing approximately 39.2 percent of total projected recurring revenues. The third largest County General Fund revenue source is property transfer tax at $47.4 thousand, or about 2.9 pement of total projected recurring revenues upon annexation of Redhawk to the City of Temecula. Proiected Recurring Costs. Table 3-2 also presents projected recurring costs to the County General Fund upon annexation of Redhawk without a tax sharing agreement. After annexation, annual recurring costs are projected at $1.51 million. Recurring costs to the County of Riverside General Fund upon annexation include countywide net operating costs. Police protection and development services to Redhawk will be provided by the City of Temecula upon annexation. The largest projected cost upon annexation is countywide public protection, estimated at $796.2 thousand and 52.8 percent of total recurring costs upon annexation. Public assistance is the next largest countywide cost upon annexation, projected at $227.7 thousand and 15.1 percent of total recurring costs upon annexation. The third largest cost upon annexation is general government, projected at $201.5 thousand and 13.4 percent of total recurring costs. These three costs represent 81.3 percent of total recurring countywide costs upon annexation. 3.2 County Fiscal Assumptions This section presents the revenue and cost factors used in preparing the Riverside County fiscal analysis of the Redhawk annexation area. The analysis is presented in constant year 2003 dollars and is based on information from the following sources: · County of Riverside's Fiscal Year 2003-04 Proposed Budget · State of California, Department of Finance (DOF), City/County Population and Housing Estimates, January 1, 2003 · Southern California Association of Governments (SCAG), RTP 2001 Projections, 2003 estimates Property tax, property transfer tax, and sales and use tax are projected using the case study method. All other revenue factors and all cost factors are projected based on a per capita or per employee basis using either the total County or unincorporated portion of the population and employment. Stanley R. Hoffman Associates, Inc. 21 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside Revenues and costs are allocated between population and employment based on the shares of population and employment to the combined population and employment for the appropriate jurisdiction, as shown in Table 3-3. TABLE 3-3 COUNTY OF RIVERSIDE 2003 POPULATION AND EMPLOYMENT DISTRIBUTION I Jurisdiction I Population1 I Employment~I Total I A. Total County 1,705,537 584,092 2,289,629 Share of Total3 74.0% 26.0% 100% B. Unincorporated Area 465,753 98,901 Share of Totala 82% 18% 564,654 100% Notes: 1. Population estimates are from January 1, 2003 estimates,California Department of Finance (DOF). 2. Employment estimates are for 2003 from SCAG RTP 2001 Projections. 3. The estimates are rounded to the nearest whole pement. Source: Stanley R. Hoffman Associates, Inc. State of California, Department of Finance (DOF), City/County Population and Housing Estimates, January 1, 2003 Southern California Association of Government (SCAG), RTP2001 Projections 3.3.1 Revenue Assumptions The revenue factors used in preparing the fiscal analysis for the Redhawk annexation are pmsentedin Table 3-4. Property Tax. Property tax revenues are projected by multiplying 1.0 percent times the tax allocation percentage for each jurisdiction or special district by the assessed valuation of the study area. The fiscal analysis assumes the City of Temecula General Fund will receive 25.0 percent of the existing property tax allocation to Riverside County General Fund upon annexation of the Redhawk Area. The current property tax allocations within the TRAs encompassing the Redhawk area, both prior to and upon annexation are presented in Table 3-5. Upon annexation, about 25.0 percent of the current Riverside County allocation of 13.12 percent will shift to the Temecula General Fund. The County General Fund will receive 9.84 percent of the basic one percent property tax levy upon annexation. Stanley R. Hoffman Associates, Inc. 22 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside TABLE 3-4 REDHAWK ANNEXATION AREA RIVERSIDE COUNTY GENERAL FUND SUMMARY OF GENERAL FUND REVENUE FACTORS (In Constant 2003 Dollars) Fiscal Year i 2003-2004 Category I Budget Amount Taxes Property Tax $195,070,994 Property Tranaler Tax 12,000,000 Sales and Use Tax 22,500,000 Transient Lodging Tax 1.010.000 Subtotal $330,580,994 Other General Fund Revenues Dlstributlon/Dlvlsed Assessed Valustion Assessed Valuation Taxable Sales Room Receipts .CoseStu~- ........... CaseOuS- Case~u~ ........... ............ --Case~u~ ........... Franchises Animal Ucensea Ucense-CA%/ Vehicle Cede Fines Other Fines, Fodolturos & Penaltie., Forfeitures and Penalties 8,275,189 Interest on Invested Funds 7,948,118 Motor Vehicle In-lieu 118,000,000 Federal In-Ueu Taxes 1,032,720 Property Tax Administration 6,004,434 Building Use and Concessions 1,091,890 Contribution from Other Funds 45.112.671 Subtotal $227,404,499 Total $457,985,493 $4,952,000 Unincorporated Population and Employmen' 778,510 Unincorporated Population 2,370,000 Unincorporated Population and Employmen' 2,542,397Unincorporated Population and Employmerr 29,296,570 County~vide Population and Employment County~de Population and Employment Countywide Population and Employment Countywide Population Countywide Population Countywide Population and Employment Countywfde Population and Employment Countywide Population and Employment 82.0% 18.0% $8.72 $0.01 100.0% 0.0% $1.67 $0.00 82.0% 18.0% $4.17 $4.31 82.0% 18.0% $4.48 $4.63 74.0% 26.0% $12.71 $13.04 74.0% 26.0% $3.59 $3.68 74.0% 26.0% $3.45 $3.54 100.0°/= 0.0% $69.19 $0.00 100.0°/0 0.0% $0.61 $0.00 74.0% 26.0% $2.61 $3.67 74.0% 26.0% $0.47 $0.49 74.0% 26.0% $19.57 $20.08 $131.23 $61.46 Notes: 1. The particular category is either generated in unincorporated areas or county~de, as shovm. 2. Revenues are allocated petv,~en population and employment based on the shares of population and employment to the combined populatior and employment for the appropriate juHsd[ction. 3. Per capita and per employea factors are dedved by dividing the allocated costs by either the poput ation and employment for the appropriate jurisdiction. Source: Stanley R. Hoffman Associates, Inc. County of Rive~de, FY 2003-04 Proposed Budget State of Califomia, Department of Finance, E-5 County/City Pcpulation and Housing Estimates, January 1,2003 Southern Califorala Association of Governments, Projections 2001, Riverside County Employment Estimates for 2003 TABLE 3-5 REDHAWK ANNEXATION AREA COUNTY OF RIVERSIDE PROPERTY TAX ALLOCATIONS PRIOR TO AND UPON ANNEXATION Description of Fundt General Fund Tax Rate Allocations Prior to Upon Annexations Annexation2 County I City of Temecula 0.131200 0.098400 0.032800 Note: 1. Only the property tax allocation for the General Funds ara presented in this table. 2. The fiscal analysis assumes that upon annexation, 25 percent of the current allocation of 13.12 percent to the County General Fund will shift to the City of Temecula General Fund. Source: Stanley R. Hoffman Associates, Inc. Riverside County Auditor Controller's Office Stanley R. Hoffman Associates, Inc. 23 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside Property Transfer Tax. Riverside County taxes sales of real property at a rate of $1.10 per $1,000 of property value. Upon annexation, 50 percent of the property transfer tax is allocated to the County and 50 percent to the City of Temecula. Residential units are estimated to change ownership an average of about 10.0 percent per year, or each home changes owners on the average of once every 10 years. Commercial property is assumed to change ownership an average of about 5 percent per year, or at an average of once every 20 years. Sales Tax. Sales tax revenues are projected at one percent of taxable sales. Use Tax. In addition to sales tax, a use tax factor of 10.0 percent is applied to the sales tax. The use tax factor is derived from two major soumes: - A use tax rather than a sales tax is paid on construction materials from residential and non-residential development. This tax is counted in the county where construction takes place, not at the point of sale of materials. - A use tax is also levied on purchases from out-of-state sellers of goods for use in California. The State Board of Equalization assembles the use tax collections into a number of pools. County pools for each county are based on tax proceeds assigned to a county level. A statewide pool is developed for tax proceeds that cannot be assigned to individual counties. These pools of use tax proceeds are then distributed to individual cities and counties on a quarterly basis. The distribution percentages to local jurisdictions for the county pool are calculated on the basis of each city's and county's share of total countywide non-situs based sales tax as a percentage of total point-of-sale sales tax. A similar procedure is used in the allocation of the statewide pool. Transient Lodging Tax. There are no lodging facilities in the Redhawk area; therefore, this revenue source is not projected. Franchises. Franchise revenues for fiscal year 2003-2004 are estimated at $4.95 million for the unincorporated area of the County. These revenues are allocated 82 percent to population and 18 percent to employment, which represents each components share to the total combined population and employment estimate of 564,654 for the unincorporated area. Franchise revenues are projected at $8.72 per capita and $9.01 per employee based on the following formulas: - $4.95 million times 82% divided by 465,753 = $8.72 per capita - $4.95 million times 18% divided by 98,901 = $9.01 per employee Stanley R. Hoffman Associates, Inc. 24 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside Animal Licenses. Revenues from animal licenses are projected using a factor of $1.67 per capita and are determined by dividing the budget amount of $778.5 thousand by the unincorporated population County population of 465,753. Cable TV Licenses. Revenues from this source are estimated at $4.17 per capita and $4.31 per employee and are based on 2003-2004 revenues of $2.37 million for the unincorporated County area and are allocated 82 percent to population and 18 percent to employment. The combined population and employment of the unincorporated area is 564,654 (465,753 population and 98,901 employment). The formulas are: - $2.37 million times 82% divided by 465,753 = $4.17 per capita - $2.37 million times 18% divided by 98,901 = $4.31 per employee Vehicle Code Fines. Vehicle code fines in the unincorporated area for fiscal year 2003-2004 are estimated at $2.54 million and are allocated 82 percent to population and 18 percent to employment. Revenues from this source are projected at $4.48 per capita and $4.63 per employee based on the following calculations: - $2.54 million times 82% divided by 465,753 = $4.48 per capita - $2.54 million times 18% divided by 98,901 = $4.63 per employee Other Pines, Forfeitures and Penalties. Countywide population and employment of 2,289,629 and the budget amount of $29.30 million determine the method for projecting this revenue source. Revenue factors are estimated at $12.71 per capita and $13.04 per employee based on the following: - $29.30 million times 74% divided by 1,705,537 = $12.71 per capita - $29.30 million times 26% divided by 584,092 = $13.04 per employee Forfeitures and Penalties. Revenue factors from this category are projected based on the total countywide population and employment and revenues of $8.28 million. The per capita factor is $3.59 and the per employee factor is $3.68 based on the following calculations: - $8.23 million times 74% divided by 1,705,537 = $3.59 per capita - $8.23 million times 26% divided by 584,092 = $3.68 per employee Interest on Invested Funds. These revenues are estimated at $3.45 per capita and $3.54 per employee based on the total County population and employment and estimated revenues of $7.95 million. - $7.95 million times 74% divided by 1,705,537 = $3.45 per capita - $7.95 million times 26% divided by 584,092 = $3.54 per employee Stanley R. Hoffman Associates, Inc. 25 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside Motor Vehicle In-lieu. Revenues from this source are projected at $69.19 per capita based on the budget amount of $118.00 million divided by the total Riverside County of 1,705,537. Federal In-lieu Taxes. These revenues are projected at $0.61 per capita and are determined by dividing the County Budget amount of $1.03 million by the total County population of 1,705,537. Property Tax Administration. These revenues are estimated at $2.61 per capita and $2.67 per employee based on the total County population and employment and revenues of $6.00 million. - $6.00 million times 74% divided by 1,705,537 = $2.61 per capita - $6.00 million times 26% divided by 584,092 = $2.67 per employee Building Use and Concessions. Revenues from this source are projected using a factor of $0.47 per capita and $0.49 per employee. This is based on the 2003-04 budget amount of $1.09 million and the total County population and employment. - $1.09 million times 74% divided by 1,705,537 = $0.47 per capita - $1.09 million times 26% divided by 584,092 = $0.49 per employee Contributions from Other Funds. Revenue factors for this category are projected based on the total countywide population and employment and estimated Fiscal Year revenues of $45.11 million. The per capita factor is $19.57 and the per employee factor is $20.08 based on the following calculations: - $45.11 million times 74% divided by 1,705,537 = $19.57 per capita - $45.11 million times 26% divided by 584,092 = $20.08 per employee 3.3.2 Cost Assumptions Ongoing recurring costs to the County of Riverside General Fund include a combination of municipal-type costs and countywide costs, as shown in Table 3-6. Municipal-Type Costs The municipal-type costs include sheriff's patrol and development services. Municipal costs are projected based on the estimated net fiscal year 2003-2004 expenditures for each category and the estimated unincorporated County population and employment. Sheriff Coroner - Patrol. Net expenditures for Sheriff patrol in the unincorporated area for fiscal year 2003-2004 are estimated at nearly $47.52 million and are allocated 82 percent to population and 18 percent to employment. Sheriff patrol costs are projected at $83.67 per capita and $86.49 per employee based on the following calculations: Stanley R. Hoffman Associates, Inc. 26 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Ternecula and County of Riverside - $47.52 million times 82% divided by 465,753 = $83.67 per capita - $47.52 million times 18% divided by 98,901 = $86.49 per employee Development Services. Development services net expenditures in the unincorporated area for fiscal year 2003-2004 are estimated at nearly $4.95 million and are allocated 82 percent to population and 18 percent to employment. Development services costs are projected at $8.74 per capita and $9.02 per employee based on the following calculations: - $4.95 million times 82% divided by 465,753 = $8.74 per capita - $4.95 million times 18% divided by 98,901 = $9.02 per employee TABLE 3-6 REDHAWK ANNEXATION AREA RIVERSIDE COUNTY GENERAL FUND SUMMARY OF GENERAL FUND NET COST FACTORS (In Constant 2003 Dal[ars) Cate~o~ Sheriff Patrol: Unicorporated Development Services: Unincorporated GeneraJ Government: Countywide Public Protection: Countywide Health and Sanitation: Countywide Public Assistance: Countywide Education, Recreation and Culture: Countywide Debt Service and Contingency: Countywide Total Recurring Costs Fiscal Year I 2003-2004 I Net Expenditures I Marginal Net Coat~1 $47,522,405 $47,522,405 4,954,757 4,954,757 48,715,681 43,844,113 192,521,574 173,269,417 35,461,733 31,915,560 47,132,199 42,418,979 498,027 448,224 23.624.081 23.624.081 $400,430,457 $367,997,536 Net Cost Allocation2 Residential $38,968,372 4,069,280 32,444,644 128,219,368 31,915,560 42,418,979 331,686 17,481,820 $295,849,709 Cost Factor~ Non- Per Per Residential Capita Eml~loyee $8,554,033 $83.67 $86.49 891,856 $8.74 $9.02 11,399,469 $19.02 $19.52 45,050,048 $75.18 $77.13 0 $18.71 $0.00 0 $24.87 $0.00 116,538 $0.19 $0.20 6,142,201 $10.25 $10.52 $72,154,206 $240.63 $202.87 Note: 1. A~l Countywide coals, except debt service and contingency costs, are projected to increase at a marginal rate w~th new growth. Costs for municyal-type services to unincorporated areas are projected to increase in direct proportion to new growth. 2. Net countywide costs are ailecated 76 percent to residential development and 24 percent to non-residential development, based on the shares of population and employment to the combined total County population and employment. Net costs to unincorporated areas are allocated 82 percent to residential development and 18 percent to non-residential devalopment based on the shares of population and employment to the combined total unincorporated population and employment. 3. Per capita and per employee factors are detived by dividing the allocated costs by either the population and employment for the appropriate jurisdiction. Stanley R. Hoffman Associates, Inc. County of Riverside, FY 2003-04 Proposed Budget State of California, Department of Finance, E-5 County/City Population and Housing Estimates, January 1,2003 Southern California Association of Governments, RTP Projections 2001, Riverside County Employment Estimates for 2003 Stanley R. Hoffman Associates, Inc. 27 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside Countywide Costs Countywide costs are those that are potentially provided to all residents of Riverside County, regardless of whether they live in unincorporated or incorporated areas. As shown in Table 3-6, countywide costs include general government; public protection, excluding sheriff's patrol; health and sanitation; public assistance; education, recreation and culture; and debt service and contingency. Countywide costs factors are calculated based on the net Fiscal Year 2003-2004 expenditures for each categopy and the estimated total County population and employment. General Government. Cost factors for these categories are projected based on the total countywide population and employment and estimated fiscal year 2003-2004 net expenditures of $48.72 million. The per capita cost factor is $19.02 and the per employee factor is $19.52 based on the following calculations: - $48.72 million times 74% divided by 1,705,537 = $19.02 per capita - $48.72 million times 26% divided by 584,092 = $19.52 per employee Public Protection. Countywide public protection costs are projected at $75.18 per capita and $77.13 per employee. These costs do not include sheriff patrol costs. Cost factors for these categories are projected based on the total countywide population and employment and estimated fiscal year 2003- 2004 net expenditures of $192.52 million. - $192.52 million times 74% divided by 1,705,537 = $75.18 per capita - $192.52 million times 26% divided by 584,092 = $77.13 per employee Health and Sanitation. Costs for these categories are projected based on the total countywide population and estimated fiscal year 2003-2004 net expenditures of $35.46 million. The per capita cost factor is $18.71 based on the net expenditures and the total County population of 1,705,537. Public Assistance. Public assistance costs are projected based on the total countywide population and estimated Fiscal Year net expenditures of $47.13 million. The per capita cost factor is $24.87 based on the net expenditures and the total County population of 1,705,537. Education, Recreation and Culture. Cost factors for these categories are projected based on the total countywide population and employment and estimated fiscal year 2003-2004 net expenditures of $498.0 thousand. The per capita cost factor is $0.19 and the per employee factor is $0.20 based on the following calculations: Stanley R. Hoffman Associates, Inc. 28 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside - $498.0 thousand times 74% divided by 1,705,537 = $0.19 per capita - $498.0 thousand times 26% divided by 584,092 = $0.20 per employee Debt Service and Contingency. These Countywide costs are projected at $10.25 per capita and $10.52 per employee. Cost factors for these categories are projected based on the total countywide population and employment and estimated fiscal year 2003-2004 net expenditures of $23.62 million. - $23.62 million times 74% divided by 1,705,537 = $10.25 per capita - $23.62 million times 26% divided by 584,092 = $10.52 per employee Stanley R. Hoffman Associates, Inc. 29 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside RESOLUTION NO. CSD 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING SERVICE LEVEL B (RESIDENTIAL STREET LIGHTS) RATES AND CHARGES WITHIN THE REDHAWK ANNEXATION AREA TO BE ANNEXED TO THE TEMECULA COMMUNITY SERVICES DISTRICT AS PART OF THE REORGANIZATION DESIGNATED BY THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION AS LAFCO 2003-26-3 SUBJECT TO TWO-THIRDS VOTER APPROVAL OF VOTERS WITHIN THE REDHAWK ANNEXATION AREA THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District ("TCSD"), to provide specified services to properties within its jurisdiction. Section 2. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges for services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, property taxes collected within the TCSD in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. Section 3. By its Resolution No. 03- , the Riverside County Local Agency Formation Commission ordered the reorganization designated as LAFCO 2003-26-02, a reorganization to include annexation of Redhawk to the City of Temecula and the Temecula Community Services District and concurrent detachment from County Service Areas 143 and 152 and the Riverside County Waste Resources Management District ("Redhawk Annexation"). The Redhawk Annexation specifies the area to be annexed to the City of Temecula and the Temecula Community Services District, which area includes the Redhawk Specific Plan Area ("Redhawk Annexation Area"). Such reorganization is subject to two-thirds (2/3) voter approval by the residents of the annexed area of rates and charges against pamels within that area for street lighting and slope maintenance provided by the TCSD to those parcels within the Redhawk Annexation Area. Section 4. On November 25, 2003, a public hearing was conducted on the proposed rates and charges and the authorization to impose the rates and charges in the Redhawk Annexation Area. At the public hearing, all oral and written objections and comments by any interested person concerning the proposed rates and charges were heard and considered. Section 5. The Board of Directors hereby finds and determines that, based on the information set forth in the administrative record of the November 25, 2003 public hearing, the rates and charges to be imposed do not exceed the reasonable cost of the services to be provided to the affected parcels by the TCSD for fiscal year 2004-05. The Board of Directors will hold additional public hearings in January 2004 and June 2005 for the purpose of formally R:/TCSD Resos 2003/TCSD 03-_ 1 reviewing the rates and charges prior to their implementation on July 1, 2005. The Rates and Charges will not be imposed unless they are approved by a two-thirds vote of the voters voting on the matter in an election on March 2, 2004. Section 6. The Board of Directors hereby adopts the following rates and charges for fiscal year 2004-05 for the services to be provided by the TCSD for fiscal year 2004-05 subject to two-thirds voter approval: Service Level B - Residential Street Liqhts. $25.68 per improved residential lot for parcels in the Redhawk Annexation Area. Section 7. When approved by two-thirds of the voters voting within the Redhawk Annexation Area, this Resolution shall constitute the voter approval authorizing the imposition of the rates and charges in the Redhawk Annexation Area pursuant to Article Xlil D if the California Constitution and applicable law. When so approved, this Resolution shall also authorize the Board of Directors to adjust the rates and charges and the collection procedures for the rates and charges each year in accordance with and pursuant to the public hearing procedures and other applicable procedures set forth in California law. Prior to the implementation of the rates and charges specifically set forth in Section 6 of this Resolution on July 1, 2005, the Board of Directors is hereby authorized to reduce said rates and charges to the extent required by law following further public hearings on the rates and charges in January 2003 and June 2005. Such hearings shall be noticed and conducted in accordance with applicable California law. Section 8. The TCSD shall prescribe, revise and collect such rates and charges pursuant to Government Code Sections 61621 and 61621.2. The TCSD shall collect such rates and charges at the same time and in the same manner and by the same persons as, together with and not separately from, the property taxes collected within the TCSD. These rates and charges shall be delinquent at the same time and thereafter be subject to the same delinquency penalties as such property taxes. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to these rates and charges, except for California Revenue and Taxation Code Section 4831. However, if for the first year the charge is levied, the real property to which the charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of such taxes appear on the roll, then the charge shall not result in a lien against the property, but instead shall be transferred to the unsecured roll for collection. Section 8. If a property owner subject to these rates and charges questions the classification of the owner's property for fiscal year 2005-06, or claims that an error has been made with respect to the implementation of the rates and charges or the application of the rates and charges to the owner's property for that fiscal year, such property owner must appeal the levy by filing an appeal with the Secretary of the TCSD before 5:00 p.m. on December 1, 2005, pursuant to procedures established by the TCSD, in order to be considered under the appeal of classification or correction of errors program. Section 9. If a property owner subject to these rates and charges believes that payment of the rates and charges for fiscal year 2005-06 would create a hardship for that properly owner during that fiscal year, such property owner must appeal the levy by filing a hardship appeal with the Secretary of the TCSD before 5:00 p.m. on December 1, 2005, pursuant to procedures established by the TCSD, in order to be considered under the hardship appeal program. R:/TCSD Resos 2003/TCSD 03-_ 2 Section 10. Pursuant to the California Environmental Quality Act (CEQA), the levy and collection of these rates and charges is exempt from CEQA pursuant to Public Resources Code Section 21080(b)(8) and Section 15273 of the State CEQA Guidelines because the rates and charges are necessary to maintain existing improvements within the TCSD. Additionally, both the City Council and the Riverside County Local Agency Formation Commission have duly considered the environmental impacts of the proposed Redhawk Annexation and each have adopted a Negative Declaration indicating that all adverse environmental impacts from the Redhawk Annexation have been mitigated. Section 11. The Secretary of the TCSD shall certify to the adoption of this Resolution. Section 12. The rates and charges adopted by this resolution shall take effect on July 1, 2005 only if they are approved by a two-thirds (2/3) vote of the electorate within the Redhawk Annexation Area voting at an election to be held on March 2, 2004, in accordance with the requirements of California Constitution Article XIII D. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this 25th day of November, 2003. Jeff Comerchero President ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:/'rCSD Resos 2003/'rCSD 03-._. 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, Secretary for the Temecula Community Services District, do hereby certify that foregoing Resolution No. CSD 03- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District at a regular meeting thereof held this 25th day of Novmeber, 2003, by the following vote: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: ABSTAIN: DIRECTORS: Susan W. Jones, CMC City Clerk, Distri~ Secre~ry R:/TCSD Resos 2003/TCSD 03-__ 4 ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF TEMECULA, CALIFORNIA, LEVYING A SPECIAL TAX TO FINANCE THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, RECREATIONAL AND COMMUNITY SERVICES PROGRAMS, MEDIAN LANDSCAPING, ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS WITHIN THE REDHAWK ANNEXATION AREA TO BE ANNEXED TO THE CITY OF TEMECULA AS PART OF THE REORGANIZATION DESIGNATED BY THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION AS LAFCO 2003-26-03 SUBJECT TO A TWO-THIRDS VOTER APPROVAL OF VOTERS WITHIN THE REDHAWK ANNEXATION AREA THE CITY COUNCIL OF THE CiTY OF TEMECULA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On March 4, 1997 the voters of the City of Temecula approved Ordinance No. 96-21 of the City of Temecula, levying a special tax to finance the operation, maintenance and servicing of public parks and recreational facilities, recreational and community services programs, median landscaping, arterial street lights and traffic signals throughout the City of Temecula. Section 2. By its Resolution No. 03-~, the Riverside County Local Agency Formation Commission ordered the reorganization designated as LAFCO 2003-26-3, a reorganization to include annexation of Redhawk to the City of Temecula and the Temecula Community Services District and concurrent detachment from County Service Areas 143 and 152 and the Riverside County Waste Resources Management District ("Redhawk Annexation"). The Redhawk Annexation specifies the area to be annexed to the City of Temecula and the Temecula Community Services District, which area includes the Redhawk Specific Plan Area ("Redhawk Annexation Area"). Such reorganization was ordered subject to two-thirds (2/3) voter approval by voters voting in the Redhawk Annexation Area of a special tax against parcels within that territory for the maintenance, operation and servicing of public parks, recreational facilities, recreational and community services programs, median landscaping, arterial street lights and traffic signals. Section 3. Pursuant to the authority of Article Xl, Section 7 of the California Constitution, Government Code Section 37100.5, and other applicable law, there is hereby levied and assessed a special tax by the City of Temecula on each parcel of property in the Redhawk Annexation Area, commencing with fiscal year 2005-06. Section 4. The maximum amount of said special tax for each fiscal year shall by $74.44 per single-family residential dwelling unit, $53.83 per multi-family residential dwelling unit, $148.88 per acre of vacant property in a residential zone, $297.76 per acre of vacant property in a non-residential zone, $446.64 per acre of non-residential improved property, and $37.22 per acre for agricultural uses. Section 5. The special tax imposed by this ordinance shall be collected in the same manner, on the same dates, and shall be subject to the same penalties and interest as other R:/Ords 2003lOrds 03-__ 1 charges and taxes fixed and collected by the County of Riverside on behalf of the City of Temecula. Said special tax, together with all penalties and interest thereon, shall constitute a lien upon the parcel upon which it is levied until it has been paid, and said special tax, together with all penalties and interest thereon, shall, until paid, constitute a personal obligation to the City of Temecula by the persons who own the parcel on the date the tax is due. Section 6. The revenue raised by the special tax imposed by this ordinance shall be placed in a special fund to be used only for the purposes of operating, maintaining, and servicing public parks and recreational facilities, recreational and community services programs, median landscaping, arterial street lights and traffic signals throughout the City of Temecula and administrative expenses incurred by the City in connection therewith. Section 7. The City Council, by three (3) affirmative votes, is empowered to establish the amounts of the special tax levy annually each fiscal year, in amounts not to exceed the maximum amounts specified in Section 2 of this ordinance, as is required to provide an adequate level of service in accordance with the purposes set forth in this ordinance. Section 8. The City Council shall be empowered to amend this ordinance by three (3) affirmative votes of the members thereof for the purposes of carrying out the general purposes of this ordinance in order to conform to state law that permits the County Tax Collector, or other proper official, to collect a special tax such as is levied by this ordinance in conjunction with County taxes or in order to assign duties pursuant to the ordinance to other officers. Section 9. No section of this ordinance shall be construed to permit, and the City Council is expressly prohibited from, increasing the amounts of the special tax imposed by this ordinance beyond the maximum amounts set forth in this ordinance. Section 10. A property owner subject to the special tax may appeal the amount of the special tax to be levied on such property owner's property pursuant to standards and procedures established by resolution of the City Council. Section 11. If a property owner subject to the special tax believes that payment of the special tax during a specific fiscal year would create a hardship for that property owner during that fiscal year, such property owners may appeal the levy by filing a hardship appeal pursuant to standards and procedures established by resolution of the City Council. Section 12. The special tax imposed by this ordinance shall not be imposed upon a federal or state governmental agency or another local governmental agency or upon any parcel of property that is exempt from the special tax imposed by this ordinance pursuant to any provision of the Constitution or any paramount law. Section 13. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provisions of this ordinance are declared to be severable. The City Council, and the electorate by referendum, do hereby declare that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof, be declared invalid or unconstitutional. R:/Ords 2003lOrds 03-__ 2 Section 14. This ordinance, or any provisions thereof other than those provisions, if any, which provide for modification by the City Council of the City of Temecula, may only be amended or repealed by approval of two-thirds (2/3) of the voters voting on the ordinance or provisions thereof at any initiative or referendum election. Section 15. This ordinance shall be referred to, and shall be effective only if approved by two-thirds (2/3) of, the electorate residing within the Redhawk Annexation Area to be annexed to the City of Temecula as part of the reorganization designated as LAFCO 2003-26-3 voting at an election to be held on March 2, 2004. This ordinance shall go into effect ten (10) days after the City Council has, by resolution, declared that this ordinance was approved by two-thirds (2/3) of the voters voting therein, and the tax levied by this ordinance shall be imposed commencing with the 2005-06 fiscal year. As an ordinance relating to taxes for the usual and current expenses of the City and as an ordinance subject to the two-thirds (2/3) voter approval, this ordinance may be adopted on its first reading and without the 30 day waiting period as a tax ordinance and an urgency ordinance for the reasons set forth above pursuant to Government Code Sections 36934 and 36937. Section 16. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause same to be published as required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 16th day of December, 2003. Jeffrey E. Stone, Mayor A'T'rEST: Susan W. Jones, CMC City Clerk [SEAL] R:/Ords 2003/Ords 03-~ 3 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 the forgoing Ordinance No. 03- was duly introduced and placed upon its first reading at a regular meeting of the City Council ~'~ the 25th day of November, 2003, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 16th day of December, 2003 by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, CMC City Clerk R:/Ords 2003lOrds 03-__ 4 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, REQUESTING THE SERVICES OF THE COUNTY REGISTRAR OF VOTERS TO CONDUCT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 2, 2004 WHEREAS, the City Council of the City of Temecula, California, has called a Special Municipal Election to be held on Tuesday, March 2, 2004, for the purpose of holding an advisory election and placing a measure on the ballot. WHEREAS, it is desirable that the General Municipal Election be conducted by the County Registrar of Voters on March 2, 2004 within the City establishing the precincts, polling places and election officers, and that the Registrar of Voters of the County of Riverside canvass the returns of the Special Municipal Election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to Sections 10002 and 10403 of the Elections Code of the State of California, the Registrar of Voters of the County of Riverside is hereby requested to conduct the Special Municipal Election on Tuesday, March 2, 2004, for the purpose of holding an advisory election and a special election within the territory to be annexed to the City of Temecula (LAFCO 2003-26-3). Section 2. That, except for those services routinely conducted by the City Clerk, delegation is hereby made to the county elections department of the powers and duties of the elections officer for the City of Temecula to conduct said election in accordance with all applicable laws and procedures. Section 3. That, in all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding municipal elections in said City. Section 4. That the City of Temecula recognizes that additional costs will be incurred by the County, by reason of this consolidation, and agrees to reimburse the County for such additional costs. Section 5. That the Registrar of Voters of the County of Riverside is hereby authorized, instructed and directed to give such further or additional notice of said election, in time form and manner as required. Section 6. That said Registrar of Voters is hereby authorized to canvass the returns of said Special Municipal Election. Section 7. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors, the county elections department of the County of Riverside and with the County Clerk. Section 8. The City Clerk shall certify to the passage and adoption of this resolution. Resos\Elec'don Resol-March 2004 1 PASSED, APPROVED AND ADOPTED, this 25th day of November, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) SS I, Susan W. Jones, CMC, City Clerk of the City of Temecula, Califomia, do hereby certifij that Resolution No. 03- was duly and regularly adopted by the City Council of the City of Temecula at a regular meetir{g thereof held on the 25th day of November, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNClLMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk Resos\Election Resol-March 2004 2 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 2, 2004, FOR THE PLACEMENT OF A SPECIAL MEASURE ON THE BALLOT WHEREAS, under the provisions of the laws relating to general law cities in the State of California a General Municipal Election shall be held on March 2, 2004, for holding a special advisory election and placing a measure on the ballot; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Temecula, California, on Tuesday, March 2, 2004, a Special Municipal Election for the purpose of holding a special advisory election and placing a measure on the ballot. Section 2. required by law. That the ballots to be used at the election shall be in form and content as Section 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, pdnted matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 4. That the polls for the election shall be open at seven o'clock AM on the day of the election and shall remain open continuously from that time until eight o'clock PM of the same day when the polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. Section 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 7. Resolution. That the City Clerk shall certify to the passage and adoption of this Election Reso2-March 2004 1 PASSED, APPROVED AND ADOPTED, this the 25t~ day of November, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 03- was duly and regularly adopted by the City Council of the City of Temecula at a regular meetir~g thereof held on the 25th day of November, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNClLMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Cle~ Election Reso2-March 2004 2 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF TEMECULA ORDERING, CALLING AND GIVING NOTICE OF AN ADVISORY ELECTION AND A SPECIAL ELECTION TO BE HELD WITHIN THE TERRITORY TO BE ANNEXED TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT AS PART OF THE REORGANIZATION DESIGNATED AS LAFCO NO. 2003-26-3 (REDHAWK) ON TUESDAY, MARCH 2, 2004, FOR SUBMISSION TO THE VOTERS OF MEASURES RELATING TO THE ANNEXATION OF SUCH TERRITORY, THE LEVY OF A SPECIAL TAX WITHIN SUCH TERRITORY, AND THE ADOPTION OF RATES AND CHARGES WITHIN SUCH TERRITORY; AND REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE CONSOLIDATE SUCH ADVISORY ELECTION AND SPECIAL ELECTION WITH THE REGULAR ELECTION OF THE COUNTY TO BE HELD ON THAT DATE THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Pursuant to the requirements of Article XIIIA, Article XIIIC, and Article XIIID of the California Constitution, and pursuant to Resolution No. 03-__ of the Local Agency Formation Commission of the County of Riverside (LAFCO), there is hereby called and ordered to be held within the territory to be annexed to the City of Temecula and the Temecula Community Services District as part of the reorganization designated as LAFCO No. 2003-26-3 on Tuesday, March 2, 2003, an advisory election and a special election for the purpose of submitting to the qualified voters of such territory an advisory measure regarding the proposed annexation, a proposition authorizing the City to levy a special tax within such territory, and a proposition authorizing the Temecula Community Services District to adopt rates and charges within such territory. Section 2. The measure to be submitted to all of the voters in the area to be annexed shall be substantially as follows: ADVISORY VOTE ONLY PURSUANT TO ELECTIONS CODE 9603 ANNEXATION OF REDHAWK TO CITY OF TEMECULA (MAJORITY VOTE): Shall the annexation of the Redhawk Annexation Area to the city of Temecula and the Temecula Community Services District, along with the concurrent detachment from County Service Areas 143 and 152 and the Riverside County Waste Resources District, pursuant to Riverside County LAFCO Application No. 2003-26-3 be approved? Yes No R:/Election Reso3-March 2004 1 ANNEXATION OF REDHAWK (TVVO-THIRDS VOTER APPROVAL REQUIRED): Shall Ordinance No. __ of the City of Temecula be adopted replacing the existing County Service Area No. 143 and 152 tax levied against parcels within the Redhawk Annexation Area with the City's special tax which shall only be used for parks, recreation facilities, recreation and community services programs, median landscaping, arterial street lights and traffic signals as part of the annexation of the Redhawk Annexation Area to the City of Temecula. Yes No ANNEXATION OF REDHAWK (TWO-THIRDS VOTER APPROVAL REQUIRED): Shall Resolution No. of the Board of Directors of the Temecula Community Services District be adopted replacing existing County Service Area No. 143 and 152 assessments and charges levied against parcels within the Redhawk Annexation Area with rates and charges which shall only be used for residential street lighting as part of the annexation of the Redhawk Annexation Area to the Temecula Community Services District Yes Section 3. The text of the proposed ordinance to be submitted to the voters is attached hereto in substantially the form of Exhibit A and incorporated herein by reference. The type of tax, the rate of tax, and the method of collection are stated therein. Section 4. The text of the proposed resolution to be submitted to the voters is attached hereto in substantially the form of Exhibit B and incorporated herein by reference. Section 5. The polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Elections Code Section 14401. Section 6. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding City elections. Section 7. Notice of the time and place of holding the election is hereby given and the City Clerk is hereby authorized, instructed and directed to give further or additional notice of the election, in the time, form and manner as required by law. Section 8. Pursuant to the requirements of Sections 9603 and 10403 of the Elections Code, the Board of Supervisors of the County of Riverside is hereby requested to consent and agree to the consolidation of the advisory election and special election with the County's regular election to be held on Tuesday, March 2, 2004. Section 9. The Registrar of Voters of the County of Riverside is hereby authorized to canvass the returns of the advisory election and special election. R:/Election Reso 3-March 2004 2 Section 10. Pursuant to Elections Code Section 10002, the Board of Supervisors of the County of Riverside is hereby requested to issue instructions to the County Registrar of Voters and all County officers charged with duties pertaining to the election to take any and all steps necessary for the holding of the election, including the preparation of necessary materials. Section 11. The City shall reimburse the County of Riverside for services performed when the work is completed and upon presentation to the City of a properly approved bill. Section 12. The City Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. Section t3. The City Council, the officem and staff of the City and the City's legal counsel are hereby authorized and directed to take such further action as may be necessary or appropriate in preparing for and conducting the election. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 25th day of November, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:/Election Reso 3-March 2004 3 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 thereof held on the 25th day of November, 2003, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Election Reso 3-March 2004 4 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS AND CITY ATTORNEY'S IMPARTIAL ANALYSIS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, Section 9220 and 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to Sections 9220 and 9285 of the Elections Code of the State of California, when the City Clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not more than 10 days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. Section 2. Code § 9280. City Attomey is directed to prepare an impartial analysis pursuant to Election Section 3. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. Section 4. That the provisions of Section 1 shall apply at the next ensuing special municipal election and at each municipal election after that time. Section 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED, this 25th day of November, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] Resos\Election Reso4-March 2004 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 03- was duly and regularly adopted by the City Council of the City of Temecula at a special meetir~g thereof held on the 25th ay of November, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk Resos\ElectionReso4-March 2004 2 ITEM 5 APPROVAL CITY ATTORNEY ~ DIRECTOR OF FIN~I~ CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board ~ of Directors Herman D. Parker, Director of Community Service November 25,2003 Naming of Harveston Park Site PREPARED BY: Cathy McCarthy, Development Services Administrator RECOMMENDATION: That the Board of Directors approve the name 'Harveston Community Park' for a 19.5 acre park site in the Harveston Development as recommended by the Community Services Commission. BACKGROUND: Harveston is a large Specific Plan development in northern part of the City east of Interstate 15. As part of this project, the developer is conditioned to construct and dedicate a 19.5 acre community park to the City of Temecula. Lennar has recently begun construction of this park site. The park will include two dedicated full size lighted soccer fields; 2 lighted ball fields; age appropriate play areas; a large group picnic area; community building; restroom/concession/maintenance building; parking with approximately 300 spaces; benches; tables; drinking fountains and walkways. Pursuant to City policy, the Community Services Commission forwards recommendations to the Board of Directors regarding the naming of the City's parks and recreation facilities. At their meeting November 10, 2003, the Commission approved a motion to recommend that the name 'Harveston Community Park' be forwarded to the Board for this site. The Community Services Commission selected 'Harveston Community Park' as the name for the 19.5 acre park site because the park is located within the Harveston Development on Harveston Drive. The Board may approve this name or select another name of their choice. FISCAL IMPACT: None ATFACHMENTS: Conceptual Master Plan List of Proposed Park Names Resolution No. ¢SD 92-08: Naming Parks and Recreation Facilities CITY OF TEMECULA COMMUNITY SERVICES DEPARTMENT PROPOSEDPARKNAMES November 2003 The following is a list of names for various park sites within the City of Temecula. These names were compiled through a community wide park naming campaign, which requested residents of the City of Temecula to submit names for their local park sites to be constructed in the future. The Community Services Commission may select one of these names or another name of their choice, based on the geographical location of the park, a geological feature of the site, or they may name the facility after an individual that has made a significant contribution towards parks, recreation or community services in Temecula, or has played a vital role in the development of this community. Walter Vail Park Palomar Mountain Park Kit Carson Park Immigrant Trail Park Ramona Wolf Park Roripaugh Park Vineyard Park Palomino Park Santa Rosa Park Patricia H. Birdsall Park Ron Parks Park Toddler Park Tony Tobin Park Columbia Memorial Park Tuscany Hills Park Verde Valle Park Kingston Park Wine Country Park Jewel of Crowne Hill Park Kaiser Park Palomar Park Sunset Park Luiseno Park Cattleman Park Erie Stanley Gardner Park Wolf Valley Park Vaqueros Park Eve Craig Park Temecula Creek Park Mountain View Park Ronald Reagan Park City View Park Columbia Park President's Park Good Neighbor Park Fun City Park Pauba Meadows Park Pauba Park Grace Mellman Park R:~ZIGLERG\LISTS~ark Names.doc RESOLUTION NO. CSD 92-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING A POLICY FOR NAMING PARKS AND RECREATION FACILITIES WIqFREAS, on April 23, 1991, the Board of Directors (the "Board") adopted a policy for naming parks and recreation facilities; and WHEREAS, the Community Services District and the Parks and Recreation Commission requests that the aforementioned policy be adopted by resolution; NOW, TI4EREFORE, THE BOARD OF DIRECTORS OF THE TEMECULA COMIV/UNITY SERVICES DISTRICT DOES HEREBY, RESOLVE, DETF_,RIVI]NE AND ORDER AS FOLLOWS: Section 1. That the policy for naming parks and recreation facilities as set forth on Exhibit ~A" is adopted establishing a uniform policy and procedure that identifies criteria for the naming of parks and recreation facilities, PASSED, APPROVED AND ADOPTED this 8th day of September, 1992. Ronald J. Parks, President ATFEST: AL]Greek, City R¢~ C$D 92-08 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. CSD 92-08 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 8th day of September 1992 by the following roll call vote. AYES: 5 DIRECTORS: Birdsall, Moore, Lindemans, Mufioz Parks~ NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None ne S. Gree'k~ Re~.oa CSD 92~08 Exhibit "A" TEMECULA COMMUNITY SERVICES DISTRICT Naming Parks and Recreation Facilities PURPOSE To establish a uniform policy and procedure that identifies criteria for the naming of parks and recreation facilities. POLICY The Park and Recreation Commission will be responsible for the selection of names for parks and recreation facilities. Once a name is selected, it will be forwarded to the Board of Directors for ratification. Staff will be responsible for encouraging citizens and community organizations to suggest possible names that will then be forwarded to the Commission for consideration. At a minimum, each park and community building will be designated a name. Naming of specific areas within a park (garden, swimming pool, lake, ballfield, etc.) is acceptable but should be kept to a minimum to avoid confusion. No park shall be given a name which might be perceived as controversial by the community. Ail names selected shall be acceptable and meaningful to a majority of the neighborhood/community where the park or recreation facility is located. Priority in naming sites shall be given to geographical locations, historic significance or geologic features. No park shall.'be named for a person, except where an individual has made a significant financial contribution toward the acquisition and/or development of the park or facility, or has been an outstanding long-time community leader who has supported open space and recreational activities. All park and recreation facilities will be designated a formal name within six months of acquisition or construction. Ail parks shall have an entrance sign. Buildings will have an entrance sign and a plaque inside the facility for name identification. The name of a park or recreation facility may be changed only after a hearing is held by the Commission to receive come, unity inpu5 and direction. No name shall be changed unless there is significant justification and support by the community. RESPONSIBILITY Department Parks and Recreation Commission Department 2. 3. 4. ACTION Acquires a new park or recreation facility. Solicits possible names from community. Fol-wards suggested names to the Parks and Recreation Commission for consideration. Receives any additional community input. Selects a name for the new park or recreation facility. For-wards name to City Council for ratification. Installs the appropriate naming sign or plaque. TCSD DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY I~V~V DIRECTOR OF FINAI)I4~,,E~ CITY MANAGER (' ~ ) I~'' CITY OFTEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: Board of Directors ~ Herman D. Parker, Director of Community Servic November 25, 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 went forward to the 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 by the Board of Directors at the January 14, 2003 meeting. The architect is currently drafting the construction documents. On October 28, 2003, the City of Temecula was awarded the library grant application in the amount of $8,500,000. This project will continue through the plan check and development process. Construction of the tenant improvements (Trs)at the Children's Museum is complete. The Tl's were completed the first week of October. Sparks Exhibits and Environments has begun their tenant improvements for the exhibit areas of the facility. This will include exhibit walls, 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. The Maintenance Division continues to oversee the maintenance of all City parks and facilities, and assist in all aspects of Citywide special events. R:XZIGLERGLKDEPTRPT'x 1103,doc The Recreation Division staff is currently programming for their annual Holiday tree lighting ceremony, Santa's Electric Light Parade, Holiday Lights and Festive Sights and Breakfast with Santa and Snow Frolic. In addition, they are developing their Winter/Spring 2004 Guide to Leisure Activities. R:~ZIGLERGkXDEPTRPT~II03.doc REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY NOVEMBER 18, 2003 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:33 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLLCALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Pratt, Roberts, and Stone ABSENT: 1 AGENCY MEMBER: Naggar 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 October 28, 2003. MOTION: Agency Member Stone moved to approve Consent Calendar Item No. 1. The motion was seconded by Agency Member Comerchero and voice vote reflected approval with the exception of Chairman Roberts who abstained., and Agency Member Naggar who was absent. EXECUTIVE DIRECTOR'S REPORT No comment. AGENCY MEMBERS' REPORTS No comments. R:~vlinutes.rda\l 11803 I ADJOURNMENT At 7:34 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Wednesday, November 25, 2003 in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Robeds, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:'~vlinutes.rda\l 11803 2 RDA DEPARTMENTAL REPORT APPROVAL CITY A'I-rORNEY FINANCE DI RECTO...I~ CITY MANAGER f ~'/ TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Executive Director/Redevelopment Agency Members John Meyer, Redevelopment Directo~~, November 25, 2003 Monthly Departmental Report Attached for your information is the monthly report as of November 25, 2003 or 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 Pro,qrams The program budget for FY 03/04 is $250,000, with $32,120 funded on 7 units. Affordable Housinq 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 17 families have been selected and are in the process of qualifying for their home mortgages. 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 gmundbreaking was held on July 26, 2003. R:~YERSK',MONTHLLY~NovemberO3.doc 1 Senior Housinq 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 Buildin,q 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. Bail¥'s Restaurant Council entered into a Disposition and Development Agreement (DDA) with Chris and Kim 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. The groundbreaking was held November 20, 2003. Facade Improvement/Non-Conforming Si,qn Proqram The following facade improvement/sign projects are in process or have recently been completed: · Hitching Post Sign Program · Penfold Building Sign Program - Completed · Homes Magazine Sign Program · Mad Madeline's Grill Painting Exterior - New Signs R:~SYERSK~MONTHLLY~Iovembe~O3.doc 2 Old Town Promotions/Marketinq · Erie Stanley Gardner Murder Mystery Weekend The 2nd Annual Erie Stanley Gardner Murder Mystery Weekend was held in Old Town on November 1 and 2. Last year's event won two awards: an Award of Excellence from the California Park & Recreation Society and a Helen Putnam Honorable Mention from the State of California. Gardner was best known as the author of the Perry Mason mystery books and creator of the Perry Mason television series. The event included actors roaming around Old Town performing clues on Saturday and Sunday. Each clue was left at all stores to help participants solve the crime. The murder was revealed and the crime solved at 3 p.m. on Sunday. The weekend also consisted of a Story Mystery Writing Contest previously submitted and judged in two categories, Adult and School level. Winning entries in the adult categories received: $200 for first place, $100 for second place, and $50 for third place. Winning entries in the school categories received: $100 Savings Bond for first place; $75 Savings Bond for second place and $50 Savings Bond for third place. The weekend also consisted of writing seminars held at the Temecula Valley Museum, a mystery book fair at Sam hicks Park and a mystery solving competition. Saturday at 6 p.m., history and old west buffs were treated to a new feature, "Around Uncle Erie's Campfire." The evening included cowboy poetry, old tales and western tunes. It was held at the Mary Phillips Senior Center. Documentary Film Produce Doug Allen and Wendell Ott, Director of the Temecula valley Museum compiled a slide show and audio clips of Gardner's ranch manager Sam Hicks. Local cowboy poets and western musicians Ken and Phee Graydon shared their tunes. The event was collaboration between the Temecula Valley Museum, Community Services Department, Temecuia Valley Players, and the Redevelopment Agency. CHRISTMAS IN OLD TOWN The 7t~ Annual Christmas in Old Town kicked off the Holidays on Saturday, November 22. Santa entered Old Town on a Horse drawn sleigh followed by the Rodeo Girl Queens on Horses (Reindeers). The Vintage Singers sang atop the horse drawn trolley, joined by Musicians Workshop kids and Santa Frog. "Hers Comes Santa Claus" was played on the city sound system throughout Old Town. The weekend consisted of strolling carolers, food vendors and some crafts. Musicians Workshop performed at the Wild Cactus (6th and Front Streets) on Saturday, November 22. Some uniquely talented elves capable of juggling toys and other items juggled for spectators on December 6. Pictures with Santa were provided both Saturday and Sunday in his mini-village on Third and Front Street from 11:00 am to 5:00 pm. The Southwest Soccer Club asked for a $5.00 donation for a souvenir photo print out and picture card. Pictures with Santa will be in Old Town every Saturday and Sunday from 11:00 am to 5:00 pm through November 22. R:\SYERSK~MONTHLLY~Novembe~)3,doc 3 Beginning in spring 2004, the Agency will also be hosting several special events in Old Town Temecula. These events would include The Bluegrass Festival in March, Dixieland Jazz in April, Western Days in May, and the Street Painting in June. R:\SYERSK~MONTHLLY~IovemberO3.doc 4 Murder Mystery Weekend TEMECULA PUBLIC FINANCING AUTHORITY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY OCTOBER 28, 2003 A regular meeting of the City of Temecula Public Financing Authority was called to order at 8:26 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Naggar, Pratt, and Stone ABSENT: I AGENCY MEMBER: Roberts Also present were Executive Director Nelson, Assistant City Attorney Curley, and City Clerk Jones. PUBLIC COMMENTS No input. RECONVENE CITY COUNCIL MEETING AND COMMUNITY SERVICES DISTRICT MEETING JOINT CITY COUNCIL/TEMECULA COMMUNITY SERVICES DISTRICT/'rEMECULA PUBLIC FINANCING AUTHORITY PUBLIC HEARING 1 Formation of Temecula Public Financinq Authority Community Facilities District No. 03- 03 0Nolf 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 (Wolf Creek) of various public improvements and adopt the resolutions entitled: RESOLUTION NO. 03-159 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 RESOLUTION NO. 03-160 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 R:min utes.tpfa\102803 1 1.2 That the Temecula Community Services District adopt the resolution entitled: 1.3 1.4 RESOLUTION NO. CSD 03-20 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 (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 03-22 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 SUBMI'I-rlNG LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT RESOLUTION NO. TPFA 03-23 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 SUBMITI'ING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT RESOLUTION NO. TPFA 03-24 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: R:min utes.tpfa\102803 2 RESOLUTION NO. TPFA 03-25 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 1.5 That the Public Financing Authority introduce and read by title only an ordinance entitled: ORDINANCE NO. TPFA 03-02 AN ORDINANCE OF THE TEMECULA PUBLIC FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) Reviewing the staff report (of record) and clarifying the proposed action, Bond Counsel Thimmig, for Mayor Pro Tem Naggar, provided additional information with regard to the steps involved in a Community Facilities District, highlighting the following: · That the appraisal report includes information of the properties within the District; that it does not include information with regard to surrounding homes; · That the taxing formula is based on the size of the home, not on the dollar amount; that, as per State law, a tax may not be levied ad valorem; that the levied tax is not intended as a value tax; · That the proposed methodology has been used for Wolf Creek as well any other Community Facilities Districts; · That the variables are the amenities a housing tract may bring to the area. Providing additional input, Public Works Director Hughes noted that the method of taxing is actually based on square footage of the homes and is then tested to ensure that the does not exceed 2% of the home value; and that the market analysis does include various selling prices in the area. Advising that the security of the bonds is based on the appraisal of the land with only the bond financed improvements without any homes, Mr. Thimmig noted that the appraised value must be at least three times the value of the bonded indebtedness. In order to further address Mayor Pro Tern Naggar's questions, Bond Counsel Thimmig advised that the City's tax consultants will be available at the next meeting to further address his questions. Echoing Bond Counsel Thimmig, Public Works Director Hughes reiterated that the District wilt only finance public facilities, not private. At this time, the public hearing was opened; there being no public input, the hearing was closed. R:minutes.tpfa\102803 3 MOTION: Councilman Comemhero moved to approve staff recommendation 1.1. The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Councilman Roberts who was absent. MOTION: Councilman Comerchero moved to approve staff recommendation 1.2. The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Councilman Roberts who was absent. At this time, a short recess was taken in order for Assistant City Manager O'Grady to sign the four joint community facilities agreements. At this time, the continued public hearings were opened. It was indicated that no property owner or registered voter within the District was present to file a written protest. The public hearings were closed. MOTION: Councilman Comerchero moved to approve staff recommendation 1.3. The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Councilman Roberts who was absent. Having opened the ballots, City Clerk Jones announced the results, as follows: and Michael White and Jeffrey Brouelette - 207 yes votes and William Griffith - 262 yes votes. MOTION: Councilman Comerchero moved to approve staff recommendation 1.4. The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Councilman Roberts who was absent. Assistant City Attorney Curley read by title only and introduced the ordinance. MOTION: Councilman Comerchero moved to approve staff recommendation 1.5. The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Councilman Roberts who was absent. At this time, the City Council meeting was recessed. EXECUTIVE DIRECTOR'S REPORT No comment. BOARD OF DIRECTORS' REPORTS No comments. R:minutes.tpfa\102803 4 ADJOURNMENT At 8:20 P.M., the Temecula Public Financing Authority meeting was formally adjourned. A'I-rEST: Jeffrey E. Stone, Chairman Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:minutes.tpfa\102803 5 ITEM 2 APPROVAL CITY ATTORNEY DIR.OFFINANCE ClTY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA and TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT City Council/Public Financing Authority Governing Board City Manager/Executive Director November 25, 2003 Formation of Temecula Public Financing Authority Community Facilities Distdct No. 03-06 (Harveston II) RECOMMENDATION: That the City Council hold a public headng regarding the proposed bond financing by the Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston Ii) of various public improvements and as necessary to eliminate a special assessment lien, and adopt the resolutions entitled: RESOLUTION NO. 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 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING JOINT COMMUNITY FACILITIES AGREEMENT RELATING TO THE FINANCING OF PUBLIC IMPROVEMENTS AND IMPLEMENTATION OF ACQUISITION AGREEMENT 2. That the Public Financing Authority hold public hearings regarding the formation of the proposed Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II) (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: R:/Agenda Reports/Formation of TPFA 03-06 Harveston II 11 25 I 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. 03-06 (HARVESTON II), 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. 03-06 (HARVESTON II) 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. 03-06 (HARVESTON II) 3. 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 4. 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. 03.06 (HARVESTON II) R:/Agenda Reports/Formation of TPFA 03-06 Harveston II 11 25 2 BACKGROUND: Harveston, LLC, a Delaware limited liability company, has submitted a petition to the Authority requesting that the Authority form a community facilities distdct (the "CFD") to provide funds to finance various public improvements to be constructed in the City of Temecula. The CFD will only include land owned by Harveston, LLC and related entities. On October 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. The Resolutions of Intention called for public hearings regarding the CFD to occur on November 25, 2003. The City has published a notice of public hearing for November 25, 2003, with respect to yet another, different public headng that the City Council must hold under applicable State law for the Authority to be able to issue bonds for the CFD. The headng 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 prior to the issuance of bonds for the CFD, State law also requires that the City enter into a joint community facilities agreement with the Authority recognizing that some of the improvements to be financed by the CFD will be owned by the City. A joint community facilities agreement has been drafted by Bond Counsel, and Staff recommends that the agreement be approved by the City Council and immediately be executed by the City and the Authority so that the formation of the CFD can proceed. In addition to meeting State statutory requirements, the agreement 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 headngs by the Authority were called pursuant to the resolutions of intention to occur November 25t~. 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 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 currently owned by Harveston, LLC and related entities, and there are no known registered voters residing in the proposed CFD, only Harveston, LLC and its related entities that own land in the CFD have legal standing to formally protest the formation or any particular aspects 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 to be financed by the CFD, and the estimated costs thereof. Following the closing of the public hearings, the four current owners of land in the CFD (collectively, 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 Landowners in the CFD. The resolution of formation of the CFD also approves a supplement to an Acquisition Agreement with Harveston, LLC whereby Harveston, LLC will agree to construct all of the improvements to be financed by the CFD. The resolution of formation also provides for the future annexation of property to the CFD, upon the approval of the affected landowner. Ballots for the election have already been delivered to the Landowners, and are expected to have been returned tothe City Clerk, acting as Secretary of the Authority, prior to November 25th. Bylaw, the Landowners are given one vote for each acre of land or portion thereof that they own within the R;/Agenda Reports/Formafion of TPF A O3-O6 Harveston l11125 3 boundaries of the CFD. The only eligible voters are Harveston, LLC and its related entities Lennar Homes of California, Inc., LEN-Inland, LLC and PLC Harveston, LLC, 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 and providing for the recording of a notice of special tax lien with the County Recorder. The notice provides all future property owners in the Harveston II 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, 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 sometime in 2004. SPECIFIC ACTIONS: That the City Council hold the public hearing on the issuance of bonds by the Authority for the CFD, and adopt the resolutions approving the bond issue and the joint community facilities agreement. That the City and the Authority execute the joint community facilities agreement. That the Authority hold the public hearings on the CFD and adopt resolutions of formation of the CFD, of necessity to incur indebtedness of the CFD and calling a special election on the CFD. That the special election be held and canvassed. That the Authority adopt a resolution canvassing the election and have the first reading of an ordinance levying the special taxes in the CFD. FISCAL IMPACT: The CFD will be authorized to levy special taxes to repay its indebtedness, 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 (6) Ordinance Community Facilities District Report Joint Community Facilities Agreement Notice of Special Tax Lien Supplement No. 1 to Acquisition Agreement R:/Agenda Reports/Formation of TPFA03-06 Harveston II 11 25 4 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 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. 03-06 (Harveston II) (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 WHEREAS, the City Council has on this date held a duly noticed public hearing on the financing of the Improvements 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 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 with the proceeds of the Bonds, in accordance with Section 6586 of the California Government Code. Section 2. Approval of Financinq. The City Council hereby approves the financing of the Improvements 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:/Resos 2003/Resos 03-~ I PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a meeting held on the 25~ day of November, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF 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 special meeting of the City Council of the City of Temecula on the 2"~'~'ay of November, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNClLMEMBERS: 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 AGREEMENT RELATING TO THE FINANCING OF PUBLIC IMPROVEMENTS AND IMPLEMENTATION OF ACQUISITION AGREEMENT 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. 03-06 (Harveston II) (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, among other improvements, the costs of public improvements (the "Improvements") to be owned and/or operated by the City of Temecula (the "City") described in the proceedings to form the CFD; and WHEREAS, in order to enable the CFD to finance the Improvements, 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 by the City for the CFD; and WHEREAS, a form of joint community facilities agreement, by and between the City and the Authority relating to the Improvements to be owned or operated by the 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 City Joint Community Facilities Agreement, and the City Council now desires to approve the Joint Community Facilities Agreement and direct its execution and delivery; and WHEREAS, the Authority expects to enter into a Supplement No. 1 to Acquisition Agreement (the "Supplement") supplementing an Acquisition Agreement for the Authority's Community Facilities District No. 01-2 (Harveston) (the "Existing Acquisition Agreement") with Harveston, LLC, one of the owners of the land in the CFD (the "Developer"), whereby the Developer will construct all or a portion of the Improvements to be acquired with the proceeds of the Bonds; and WHEREAS, the implementation of the Existing Acquisition Agreement, as amended by the Supplement (collectively, 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 desires to authorize City officials to assist in the implementation of the Acquisition Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. Approval of Joint Community Facilities Aqreement. The City Council hereby approves the Joint Community Facilities Agreement in the form on file with the City Clerk, and hereby authorizes and directs the City Manager to execute and deliver the Joint Community Facilities Agreement in such form 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 City Manager of the Joint R:/Resos 2003/Resos 03- I Community Facilities Agreement. The City Council hereby declares that the Joint Community Facilities Agreement 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 Agreement 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 Agreement and the Acquisition Agreement. Section 3. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a meeting held on the 25t~ day of November, 2003. A'Fi'EST: 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 special meeting of the City Council of the City of Temecula on the 25t"~'ay of November, 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- 3 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. 03-06 (HARVESTON II), 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 WHEREAS, on October 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 - Harveston I1" (the "Resolution of Intention") stating its intention to form the Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II) (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 cost of financing the Facilities and the rate and method of apportionment of the special tax (the "Initial Rate and Method") to be levied within the District to pay the cost of financing the Facilities 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, on this date, this Board of Directors held the public hearing as required by the Law and the Resolution of Intention relative to the proposed formation of the District and the possible future annexation of territory to 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 eligible to be funded by the District, the levy of the special tax and the possible future annexation of territory to the District were heard and a full and fair hearing was held; and 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 eligible to be funded by the District and the possible future annexation area, 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 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 R:/TPFA Resos 2003/TPFA 03-~ I WHEREAS, the special tax proposed to be levied in the District to pay for the costs of the Facilities, as set forth in Exhibit B to the Resolution of Intention, has not been eliminated by protest 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; and WHEREAS, no written protests with respect to the possible future annexation of territory to the District 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. 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. 03-06 (Harveston Ii)" is hereby established pursuant to the Law. Section 5. The boundaries of the District and of the territory proposed for annexation to the District, each as described in the Resolution of Intention and set forth in the boundary map of the District recorded on November 4, 2003 at 8:00 a.m. in the Riverside County Recorder's Office at Book 55 of Maps of Assessment and Community Facilities Districts at Page 17 (instrument no. 2003-873915), are hereby approved, are incorporated herein by this reference and shall be the boundaries of the District and the boundaries of the proposed annexation area, respectively. Section 6. The type of facilities eligible to be funded 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 development occurring in the District. This Board of Directors acknowledges that, pursuant to the authority granted in Section 4 of the Resolution of Intention, the Executive Director has executed a Joint Community Facilities Agreement with the City of Temecula. This Board of Directors hereby authorizes and directs the Executive Director to execute a joint community facilities agreement with the State of California Department of Transportation ("CalTrans") in a form provided by Bond Counsel, as determined by Bond Counsel to be necessary to comply with Section 53316.2 of the Law. This Board of Directors hereby declares that the Joint Community Facilities Agreement with the City, and any such joint community facilities agreement with CalTrans, will be beneficial to residents in the area of the District. R:/TPFA Resos 2003/TPFA 03-~ 2 Section 7. Except to the extent that funds are otherwise available to the District to pay for the Facilities and/or to pay the principal and interest as it becomes due on bonds of the District issued to finance the Facilities, 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 pamel 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 XlllB of the California Constitution, of the District is hereby preliminarily established at $5,500,000 and said appropriations limit shall be submitted to the voters of the District 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 conditions of which election shall be as specified by a separate resolution of this Board of Directors. Section 12. The Supplement No. 1 to Acquisition Agreement (the "Supplement") between the Authority and Harveston, LLC relating to the construction by Harveston, LLC of the Facilities, in the form on file with the Secretary, is hereby approved. The Executive Director is hereby authorized and directed to execute and deliver the Supplement in such form, together with such changes thereto as the Executive Director, upon consultation with bond counsel, shall deem necessary or appropriate, and the execution and delivery of the Supplement by the Authority shall be conclusive evidence of the approval of any such changes. Section 13. The territory proposed for annexation to the District, as described in Section 15 of the Resolution of Intention and on the map of the District described in Section 2 above, may be annexed to the District upon the unanimous approval of the owner or owners of R:/TPFA Resos 2003/'rPFA 03-__ 3 each parcel or parcels in the annexation area, without additional hearings, as permitted by Section 53339.7(a) of the Law. Section 14. 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 25th day of 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 Resolution No, TPFA 03- was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 25th 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:/'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. 03-06 (HARVESTON II) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT WHEREAS, on October 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 - Harveston I1" (the "Resolution of Intention") stating its intention to form the Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II) (the "District"), pursuant to the Mello-Roos Community Facilities Act of 1982, California Government Code Section 53311 et seq. (the "Law"), to fund costs of certain public improvements (the "Facilities"), as described therein; and WHEREAS, on October 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. 03-06 (Harveston II)" (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 a portion of the costs of the Facilities; and WHEREAS, on this date, this Board of Directors held the 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 the costs of the Facilities, 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 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 the costs of the Facilities and the levy of the special tax on property within the District, were heard and a full and fair hearing was held; and 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. 03-06 (Harveston II), 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 Directors 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 R:fTPFA Resos 2003/TPFA 03-~ I 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 $5,500,000 within the boundaries of the District. Section 3. The indebtedness is incurred for the purpose of financing the costs of the Facilities, 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 and the 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 $5,500,000 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 preposition 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 25th day of November, 2003. AI-I'EST: 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 25t~ 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:/'I'PFA 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, 03-06 (HARVESTON II) 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. 03-06 (Harveston II), 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. 03-06 (Harveston II) (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. 03-06 (Harveston II) 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 $5,500,000 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 I 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 are the R:/TPFA Resos 2003/TPFA 03-~ I 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 four qualified electors of the Districts 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. The envelope to be used to return ballots was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and address of the 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 are being waived by the landowners in their respective 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 petition previously submitted by one of the landowners in the District and the voted ballots of all four of the qualified electors of the District contain acknowledgments 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 the shortened time for the election and waiver of analysis and arguments, and have thereby been R:/'rPFA Resos 2003/'rPFA 03-~ 2 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 25th day of November, 2003. ATTEST: Jeffrey E. Stone, Chairperson Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] R:FrPFA Resos 2003rrPFA 03-__ 3 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 25th day of November, 2003, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: Susan W. Jones, CMC City Cler~Authori~ Secretary R:/TPFA Resos 2003/TPFA 03-__ 4 EXHIBIT TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) OFFICIAL BALLOT Special Tax and Bond Election (November 25, 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 $5,500,000, 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. 03-06 (Harveston II) (the "District"), the proceeds of which will be used only to finance the costs of certain public improvements as specified in the Resolution of Formation of the District and the costs of issuing the bonds as well as the establishment of appropriate bond and interest rate 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, 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 $5,500,000? Yes: 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. Riverside County Assessor's Parcel Nos. of Land Owned in the District: 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 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. 03-06 (Harveston II)", calling for a special election of the qualified electors within the Ternecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II) (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 WHEREAS, this Board of Directors has reviewed the canvass and hereby approves it. 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 $5,500,000, 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. 03-06 (Harveston II), 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 $5,500,000 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 qualified electors of the District by more than two-thirds of the votes cast at the special election. 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 R:/TPFA Resos 2003/'I'PFA 03-_ 1 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. 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 25th day of November, 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 25th 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 Resos 2003/'rPFA 03-~ 2 EXHIBIT A CANVASS AND STATEMENT OF RESULT OF ELECTION TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) I hereby certify that on November 25, 2003, I canvassed the returns of the special election held on November 25, 2003, in the Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II) 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- 06 (Harveston II) Special Tax and Bond Election November 25, 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 $5,500,000, 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. 03-06 (Harveston II) (the "District"), the proceeds of which will be used only to finance the costs of certain public improvements as specified in the Resolution of Formation of the District and the costs of issuing the bonds as well as the establishment of appropriate bond and interest rate 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 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 $5,500,000? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 25th day of November, 2003. By: Secretary, Temecula Public Financing Authority R:FFPFA Resos 2003/TPFA 03-~ 3 ORDINANCE NO. TPFA 03- AN ORDINANCE OF THE TEMECULA PUBLIC FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) WHEREAS, on October 22, 2003, this Board of Directors of the Temecula Public Financing Authority (the "Authority") 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 - Harveston I1" (the "Resolution of Intention"), stating its intention to establish the Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II) pursuant to the Mello-Roos Community Facilities Act of 1982, Section 53311 et seq. of the California Government Code (the "Law"), to finance the costs of certain public improvements (the "Facilities"); 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; WHEREAS, the Resolution of Intention called for a public hearing on the District to be held on November 25, 2003 and on such date this Board of Directors held the public hearing relative to the determination to proceed with the formation of the District; and 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. 03-06 (Harveston II), 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. 03-06 (Harveston II) and Submitting Proposition 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. 03-06 (Harveston II)", which resolutions established the District, authorized the levy of a special tax with the District, and called an election within the District on the proposition of incurring indebtedness, levying a special tax and establishing an appropriations limit within the District, respectively; and WHEREAS, on November 25, 2003 an election was held within the District in which the four eligible landowner electors approved said propositions. NOW, THEREFORE, the Board of Directors of the Temecula Public Financing Authority ordains as follows: R:?rPFA Ords 2003/'rPFA 03-~ 1 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 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 and payment in full all costs of administering the District have been paid. 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 A to the Resolution of Formation. 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 Temecula in administering the District, costs of the elimination of the Prior Lien 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. 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. R:/'rPFA Ords 2003/'rPFA 03-__ 2 INTRODUCED, and the first reading occurred on November 25th 2003; and PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 16th day of December, 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 W. 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 25th day of November, 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 16th day of December, 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 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) COMMUNITY FACILITIES DISTRICT REPORT CONTENTS Introduction A. Description of Facilities B. Proposed Boundaries of the Community Facilities District C. Cost Estimate Exhibit A - Description of the Proposed Facilities Exhibit B - Cost Estimate R:/Agenda Reports/CFD Report Harveston II 11 25 1 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) 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 October 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 - Harveston I1" (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. 03-06 (Harveston II) (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 to be funded by the District; and 2. An estimate of the fair and reasonable cost of providing the facilities, 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 approved and 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. A general description of the facilities that the Authority has determined to be eligible to be funded by the District, and by any territory that may be annexed to the District in the future, 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. The proposed boundaries of the District, and of the territory that may be annexed to the District in the future, are described in the map of the District recorded on November 4, 2003 at the hour of 8:00 o'clock a.m. in Book 55 on Page 17 of Maps of Assessment and Community Facilities Districts in the office of the County Recorder for the County of Riverside (instrument no. 2003-873915), a copy of which map is on file with the Secretary. C. COST ESTIMATE. The cost estimate for the financing of the facilities is set forth in Exhibit "B" attached hereto and hereby made a part hereof. Dated: November 25, 2003 By: Director of Public Works of the City of Temecula EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) DESCRIPTION OF FACILITIES ELIGIBLE TO BE FUNDED BY THE DISTRICT FACILITIES It is intended that the District will finance all or a portion of the costs of any of the following: The widening of the Ynez Road bridge over San Gertrudes Creek, as further described in Section 6 of the First Operating Memorandum to the Recorded Development Agreement Between Lennar Homes Inc. and Winchester Hills I, LLC and City of Temecula, dated as of April 11, 2003, between Harveston, LLC, and the City of Temecula (the "Memorandum"). Design of and improvements to the Winchester Road/Ynez Road intersection, as further described in Section 3 of the Memorandum. 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. OTHER The District may also finance any of the following: 1. Bond related expenses, including underwriters discount, financial advisor fees and expenses, appraisal and price point study costs, reserve fund, capitalized interest, bond and disclosure counsel fees and expenses, landowner counsel fees and expenses 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 District and the Bonds. 3. Reimbursement of costs related to the formation of the District advanced by the Authority, the City of Temecula, any landowner in the District, or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the Authority, the City of Temecula, any landowner in the District or any party related to any of the foregoing, for facilities, fees or other purposes or costs of the District. EXHIBIT B TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) FACILITIES COST ESTIMATE 1. ACQUISITION & CONSTRUCTION OF FACILITIES 2. INCIDENTALS (a) Bond Reserve Fund (b) Bond DiscountJUnderwriter Compensation (c) Capitalized Interest (d) Other Costs of Issuance (e) First Year Administration Costs Subtotal Incidentals: $3,666,091.44 $337,875.00 116,000.00 140,033.56 350,000.00 30,000.00 $ 973,908.56 3. CONTINGENCIES TOTAL BOND AMOUNT NEEDED $860,000.00 $5,500,000.00 JOINT COMMUNITY FACILITIES AGREEMENT - CITY TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) This Joint Community Facilities Agreement - City (the "Agreement"), dated for convenience as of November 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. 03-06 (Harveston II) (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 Harveston, LLC (the "Developer"), and the Authority expects to enter into a Supplement No. 1 to Acquisition Agreement (the "Supplement") with the Developer which supplements the Acquisition Agreement, dated as of August 1, 2002, between the Developer and the Authority (the "Existing Acquisition Agreement" and, together with the Supplement, 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, 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 Acquisition Agreement, all as more particularly set forth below. R:/Agreements/JCF Agree Harveston II 11 25 I 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 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. 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. 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. R:/Agreements/JCF Agree Harveston II 11 25 2 Section 5. Limited Obliqations. All obligations of the Authority under and pursuant to this Agreement shall be limited to the amounts on deposit in the Improvement Fund and described in Section 1 above. 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 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 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 November 1, 2005. If not earlier terminated pursuant to the preceding sentence, this Agreement shall terminate upon acceptance of the ownership and operation of the Improvements by the Participating Agency, and disbursement of all amounts from the Improvement Fund to pay costs of the improvements eligible to be funded by the CFD. 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 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 Assi,qns. 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. R:/Agreements/JCF Agree Harveston II 11 25 3 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: November 25, 2003 By:. City Manager TEMECULA PUBLIC FINANCING AUTHORITY (the "Authority") Date of Execution: November 25, 2003 By:. Executive Director 20009.05:J7039 R:/Agreement~JCF Agree Harveston II 11 25 4 A'I-I'ACHMENT A DESCRIPTION OF THE IMPROVEMENTS The widening of the Ynez Road bridge over San Gertrudes Creek, as further described in Section 6 of the First Operating Memorandum to the Recorded Development Agreement Between Lennar Homes Inc. and Winchester Hills I, LLC and City of Temecula, dated as of April 11, 2003, between Harveston, LLC, and the City of Temecula (the "Memorandum"). Design of and improvements to the Winchester Road/Ynez Road intersection, as further described in Section 3 of the Memorandum. 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. R:/Agreements/JCF Agree Harveston II 11 25 5 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. 03-06 (HARVESTON II) R:/Agreements/Noflce Special Tax Lien Harveston II 11 25 I NOTICE OF SPECIAL TAX LIEN Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II) 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 costs to eliminate a prior lien, 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. 03-06 (Harveston II) 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. 03-06 (Harveston II) 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 November 4, 2003 at 8:00 a.m. in Book 55 of Maps of Assessment and Community Facilities Districts at Page 19 (instrument no. 2003-873915), 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. R:/AgreementsJNotice Special Tax Lien Harveston II 11 25 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 R:/Agmement~JNotice Special Tax Lien Harveston II 11 25 3 EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) DESCRIPTION OF FACILITIES ELIGIBLE TO BE FUNDED BY THE DISTRICT FACILITIES It is intended that the District will finance all or a portion of the costs of any of the following: The widening of the Ynez Road bridge over San Gertrudes Creek, as further described in Section 6 of the First Operating Memorandum to the Recorded Development Agreement Between Lennar Homes Inc. and Winchester Hills I, LLC and City of Temecula, dated as of April 11, 2003, between Harveston, LLC, and the City of Tamecula (the "Memorandum"). Design of and improvements to the Winchester Road/Ynez Road intersection, as further described in Section 3 of the Memorandum. 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. OTHER The District may also finance any of the following: 1. Bond related expenses, including underwriters discount, financial advisor fees and expenses, appraisal and price point study costs, reserve fund, capitalized interest, bond and disclosure counsel fees and expenses, landowner counsel fees and expenses 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 District and the Bonds. 3. Reimbursement of costs related to the formation of the District advanced by the Authority, the City of Temecula, any landowner in the District, or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the Authority, the City of Temecula, any landowner in the District or any party related to any of the foregoing, for facilities, fees or other purposes or costs of the District. EXHIBIT B TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A Special Tax shall be levied and collected on all Taxable Property in the Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II) ("CFD No. 03-06") each Fiscal Year in an amount determined by the CFD Administrator through the application of the appropriate Special Tax based on the procedures described below. All of the real property within CFD No. 03-06, unless exempted by law or by the provisions hereof, 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 an Assessor's 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, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the administration of CFD No. 03-06, 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 CFD No. 03- 06. "Apartment Property" means any Assessor's Parcels of Developed Property for which building permits have been issued for attached residential units which are made available for rental, but not purchase, by the general public, "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Class 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 applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C below. "Board of Directors" means the Board of Directors of the Authority, acting as the legislative body of CFD No. 03-06. "Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether in one or more series, issued or incurred by CFD No. 03-06 under the Act. "CFD Administrator" means the Finance Director of the City, or designee thereof, responsible for determining the Special Tax required and various other amounts described herein for providing for the levy and collection of the Special Taxes. "CFD No. 03-06" means Community Facilities District No. 03-06 (Harveston II) of the Temecula Public Financing Authority. "City" means the City of Temecula. "County" means the County of Riverside. "Developed Property" means all Taxable Property, exclusive of Property Owner Association Property and Public Property, for which (i) a Final Subdivision was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied and (ii) a building permit was issued after January 1, 2003, but prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied. "Final Subdivision" 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 July 1 and ending on the following June 30. "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 Class" means any of the classes listed in Table 1. B-2 "Maximum Special Tax" means the maximum amount of Special Tax, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel to satisfy the Special Tax Requirement. "Non-Residential Floor Area" means the total floor area of a non-residential building(s) located on an Assessor's Parcel, 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 that Assessor's Pamel, or if these are not available, as otherwise determined by the CFD Administrator. "Outstanding Bond(s)" means, as of any date, all Bonds previously issued that are outstanding under the applicable Indenture. "Property Owner Association Property" means any property within the boundaries of CFD No. 03-06 that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder, to a property owner association, including any master or sub-association. "Proportionately" means for: (i) Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is equal for all Assessor's Parcels of Developed Property within CFD No. 03-06, (ii) Undeveloped Property, that the ratio of the actual Special Tax levy per Acre of Undeveloped Property is equal for all Assessor's Parcels of Undeveloped Property, (iii) Taxable Property Owners Association Property, that the ratio of the actual Special Tax levy per Acre of Taxable Property Owners Association Property is equal for all Assessor's Parcels of Taxable Property Owners Association Property, and (iv) Taxable Public Property, that the ratio of the actual Special Tax levy per Acre of Taxable Public Property is equal for all Assessor's Parcels of Taxable Public Property. "Public Property" means any property within the boundaries of CFD No. 03-06 that is used for rights-of-way or any other purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency. Once a parcel has been designated as Public Property, it shall retain such status permanently. "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 Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one or more residential dwelling units. "Service Commercial Property" means all Assessor's Parcels that are south of Ynez Road pursuant to Tract No. 29639-2. "Single Family Property" means all Assessor's Parcels of Residential Property, other than Apartment Property, for which building permits have been issued for detached or attached residential units. "Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property, Undeveloped Property, Taxable Property Owner Association B-3 Property and Taxable Public Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Section D, below. "Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 03-06 to: (a) (i) pay debt service on all Outstanding Bonds for the calendar year that commences in such Fiscal Year; (ii) pay periodic costs on the Bonds, including but not limited to, credit enhancement, liquidity support and rebate payments on the Bonds; (iii) pay Administrative Expenses; and (iv) pay any amounts required to establish or replenish any reserve funds for any Outstanding Bonds; less (b) a credit for funds available to reduce the annual Special Tax levy under the Indenture, as determined by the CFD Administrator. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 03-06 that are not exempt from the Special Tax pursuant to law or Section E below. "Taxable Property Owner Association Property" means all Assessor's Parcels of Property Owner Association Property that are not exempt pursuant to Section E below. "Taxable Public Property" means all Assessor's Parcels of Public Property that are not exempt pursuant to Section E below. "Total Floor Area" means for an Assessor's Parcel, the sum of the Residential Floor Area plus the Non-Residential Floor Area. "Trustee" means the trustee or fiscal agent under the Indenture. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Taxable Property Owner Association Property or Taxable Public Property. "Update Property" means an Assessor's Parcel of Undeveloped Property for which a building permit has been issued, but which has not yet been classified as Developed Property, Taxable Property Owner Association Property or Taxable Public Property. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within CFD No. 03-06 shall be classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property or Undeveloped Property, and shall be subject to Special Taxes pursuant to Sections C and D below. Developed Property shall be assigned to a Land Use Class as specified in Table 1. The Assigned Special Tax for Single Family Property and Apartment Property shall be based on the number of dwelling units. The Assigned Special Tax for Non-Residential Property shall be based on the Acreage of the Assessor's Parcel. C. MAXIMUM SPECIAL TAX RATE 1. Developed Property a. Maximum Special Tax The Maximum Special Tax shall be the greater of (i) the amount derived by application of the Assigned Special Tax, or (ii) the amount derived by application of the Backup Special Tax. b. Assigned Special Tax The Assigned Special Tax for Developed Property in each Fiscal Year for each Land Use Class, commencing with Fiscal Year 2004-2005 and for each Fiscal Year thereafter, is shown below in Table 1. TABLE 1 ASSIGNED SPECIAL TAX AMOUNTS FOR DEVELOPED PROPERTY COMMUNITY FACILITIES DISTRICT NO. 03-06 Assigned Land Special Tax Per Use Class Description Unit/Acre 1 Single Family Property $327 per unit 2 Apartment Property $327 per unit 3 Non-Residential Property $2,525 perAcre c. Backup Special Tax The Backup Special Tax for Developed Property in each Fiscal Year, shall be $2,525 per Acre for Residential Property and Non-Residential Property. d. Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Assigned Special Tax levied on an Assessor's Parcel shall be the sum of the Assigned Special Tax levies for all Land Use Classes located on that Assessor's Parcel. The Backup Special Tax levied on an Assessor's Parcel shall be the sum of the Backup Special Tax levies that can be imposed on all Land Use Classes located on that Assessor's Parcel. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor's Parcel. For purposes of calculating the Backup Special Tax (but not the Assigned Special Tax) for each Land Use Class under such circumstances, the Acreage assigned to each Land Use Class shall be based on the proportion of Residential Floor Area or Non-Residential Floor Area that is built for each Land Use Class as compared with the Total Floor Area built on the Assessor's Parcel. All allocations made under this section shall be determined by the CFD Administrator, and all such allocations shall be final. B-5 2. Undeveloped Property, Taxable Property Owner Association Property and Taxable Public Property a. Maximum Special Tax The Maximum Special Tax for Undeveloped Property shall be $2,525 per Acre. The Maximum Special Tax for Taxable Property Owner Association Property and Taxable Public Property shall be $2,525 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 as follows: First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax as needed to satisfy the Special Tax Requirement; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Properb/ at up to 100% of the Maximum Special Tax as needed to satisfy the Special Tax Requirement; Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, then the levy of Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel; Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Property Owner Association Property up to the Maximum Special Tax for Taxable Property Owner Association Property; and Fifth: If additional monies are needed to satisfy the Special Tax Requirement after the first four steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Public Property up to the Maximum Special Tax for Taxable Public Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property used for private residential purposes be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CFD No. 03-06. E. EXEMPTIONS No Special Tax shall be levied on up to 107.44 Acres of Property Owner Association Property, Public Property, and Service Commercial Property. The CFD Administrator will assign tax- exempt status to Assessor's Parcels in the chronological order in which such Parcels are known to the CFD Administrator to become Property Owner Association Property, Public Property or Service Commercial Property. Once an Assessor's Parcel of Public Property has been classified as exempt, its tax-exempt status will be permanent, independent of its future uses. Property Owner Association Property or Public Property that is not exempt from Special Tax levies under this section shall be subject to the levy of Special Tax and shall be taxed Proportionately as part of the fourth and fifth steps, respectively, in Section D above, at up to 100% of the applicable Maximum Special Tax for Taxable Property Owner Association Property or Taxable Public Property. All Assessor's Parcels that have fully prepaid their Special Tax lien pursuant to Section I are exempt from future Special Tax levies. 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. MANNER OF COLLECTION The Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; 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 the financial obligations of CFD No. 03-06 or as otherwise determined appropriate by the CFD Administrator. I. PREPAYMENT OF SPECIAL TAX The following definition applies to Section I. "Outstanding Prepayment Bonds" means, as of any date, all Bonds previously issued that are anticipated by the CFD Administrator to be outstanding under the applicable Indenture immediately after the first principal payment date for such Bonds following the then current Fiscal Year. 1. Prepayment in Full The Special Tax obligation described in Section D above with respect to any Assessor's Parcel of Developed Property or Update Property may be fully prepaid. In addition, the Special Tax obligation of any Assessor's Parcel of Taxable Public Property and/or Taxable Property Owner Association Property may be prepaid. A prepayment may be made on an Assessor's Parcel only if there are no delinquent Special Tax levies with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax B-7 obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. The CFD Administrator may charge the Assessor's Parcel owner a reasonable fee for providing these figures, which must be paid by the owner of the Assessor's Parcel prior to the calculation of the prepayment amount. Prepayment must be made not less than 15 days prior to the next occurring date that notice of redemption of Bonds from the proceeds of such prepayment may be given to the Trustee pursuant to the Indenture. The Prepayment Amount (defined below) for any Assessor's Parcel of Taxable Public Property may be determined by the CFD Administrator as authorized under Sections 53317.3 and 53317.5 of the Act. However, no Special Tax prepayment for any Assessor's Parcel of Taxable Public Property shall be allowed unless the amount of Assigned Special Tax levies that may be imposed on Taxable Property within CFD No. 03-06 after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds. The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus Redemption Premium plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount shall be calculated as follows: Paraqraph No.: 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax and Backup Special Tax applicable for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property which are also classified as Update Property, compute the Assigned Special Tax and Backup Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for that Assessor's Parcel. (a) Divide the Assigned Special Tax or Maximum Special Tax computed pursuant to paragraph 2 by the estimated Assigned Special Tax levies for all of CFD No. 03-06 based on the Developed Property Special Tax levies which could be imposed in the current Fiscal Year on all expected development in CFD No. 03-06, excluding any Assessor's Parcels which have been prepaid; and (b) Divide the Backup Special Tax computed pursuant to paragraph 2 by the estimated Backup Special Tax levies at buildout for all of CFD No. 03-06 using the Backup Special Tax amounts for the current Fiscal Year, excluding any Assessor's Parcels which have been prepaid. B--8 Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Outstanding Prepayment Bonds, and (if determined necessary by the CFD Administrator to effect the redemption of Bonds with such prepayment) round up to the nearest integral multiple of $5,000 to compute the amount of Outstanding Prepayment Bonds to be retired and prepaid (the "Bond Redemption Amount"). Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium, if any, on the Outstanding Prepayment Bonds to be redeemed (the "Redemption Premium"). 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 Prepayment Bonds. Determine the amount of the Special Tax levied on the Assessor's Parcel in the current Fiscal Year which, has not yet been paid. Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Administrative Fees and Expenses from the date of prepayment until the redemption date for the Outstanding Prepayment Bonds to be redeemed with the prepayment. Add the amounts computed pursuant to paragraphs 6 and 7 and subtract the amount computed pursuant to paragraph 8 (the "Defeasance Amount"). 10. Verify the administrative fees and expenses of CFD No. 03-06, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses"). 11. If bond reserve funds for the Outstanding Prepayment Bonds, if any, are anticipated to be at or above 100% of the bond reserve requirement (as specified in the Indenture) immediately after the first principal payment date in the next Fiscal Year, the reserve fund credit shall equal the expected reduction in the bond reserve requirement, if any, associated with the redemption of Outstanding Prepayment Bonds as a result of the prepayment (the "Reserve Fund Credit"). No Reserve Fund Credit shall be granted if bond reserve funds are anticipated to be below 100% of the bond reserve requirement immediately after the first principal payment date in the next Fiscal Year. 12. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 9 and 10, less the amounts computed pursuant to paragraph 11 (the "Prepayment Amount"). 13. From the Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, and 9 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Prepayment Bonds or make debt service payments. The amount computed pursuant to paragraph 10 shall be retained by CFD No. 03-06. The Prepayment Amount may be insufficient to redeem an integral multiple of $5,000 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. As a result of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 7 (above), the CFD Administrator shall remove the Special Tax from the current Fiscal Year's levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's 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 and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Taxes that may be levied on Taxable Property within CFD No. 03-06 after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds following the proposed prepayment. 2. Prepayment in Part The Maximum Special Tax on an Assessor's Parcel of Developed Property or Update Property may also be partially prepaid. The amount of the prepayment shall be calculated as in Section I. 1; except that a partial prepayment shall be calculated according to the following formula (provided that the partial prepayment must in any event be sufficient to, in addition to payment of all other components of the Prepayment Amount, redeem Bonds in increments of $5,000): PP = ((PE-A) x F) +A These terms have the following meaning: pp = PE = F = the partial prepayment the Prepayment Amount calculated according to Section 1.1 the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the Maximum Special Tax. the Administrative Fees and Expenses calculated according to Section 1.1 The owner of an Assessor's Parcel who desires to partially prepay the Maximum Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Special Tax, (ii) the percentage by which the Maximum Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if applicable. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Maximum Special Tax for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. Such fee must be paid prior to the calculation of the Prepayment Amount. With respect to any Assessor's Parcel that is partially prepaid, the CFD Administrator shall (i) distribute the funds remitted to it according to Paragraph 13 of Section 1.1. and (ii) indicate in the records of CFD No. 03-06 that there has been a partial prepayment of the Maximum Special Tax and that a portion of the Maximum Special Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D. B-lO J. TERM OF SPECIAL TAX The Special Tax shall be levied for a period not to exceed 50 Fiscal Years, commencing with Fiscal Year 2004-2005. 15-11 EXHIBIT C TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) ASSESSOR'S PARCEL NUMBERS AND OWNERS OF LAND WITHIN THE DISTRICT County Assessor's Parcel Numbers 916170014-3 910120008-1 910110027-7 910120008-1 916170016-5 910100008-9 Por.,910110013-4 Por., Por.,910120003-6 Por., Por.,910110076-1Por., Por.,910120007-0 Por., Por.,916040009-7 Por., Por.,910110013-4 Por. 916170014-3 Por. 916170012-1Por. 916170020-8 Pot. 910110027-7 Por.,910110076-1Por., 916170018-7 Por., 910120008-1Por., 916170016-5 Por.,910110013-4 Por., 916170014-3 Por. 910110076-1Por.,916170018-7 Por. 916170012-1Por. Owner of Record of Parcels HARVESTON, LLC, a Delaware limited liability company c/o Lennar Communities - Inland Division 391 North Main Street, Suite 301 Corona, CA 92880 LENNAR HOMES OF CALIFORNIA, Inc., a California Corporation c/o Lennar Communities - Inland Division 391 North Main Street, Suite 301 Corona, CA 92880 LEN-Inland LLC., a Delaware limited liability company c/o Lennar Communities - Inland Division 391 North Main Street, Suite 301 Corona, CA 92880 PLC Harveston, LLC, a Delaware limited liability company c/o Lennar Communities - Inland Division 391 North Main Street, Suite 301 Corona, CA 92880 B-12 Quint & Thimmig LLP 11/18/03 SUPPLEMENT NO. 1 TO ACQUISITION AGREEMENT by and between the TEMECULA PUBLIC FINANCING AUTHORITY and HARVESTON, LLC Dated as of November 25, 2003 Relating to: Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II) 2o008.o2:j7o7o THIS SUPPLEMENT NO. 1 TO ACQUISITION AGREEMENT, dated as of November 25, 2003 (this "Supplement No. 1"), is by and between the Temecula Public Financing Authority, a joint exercise of powers authority duly organized and existing under the laws of the State of California (the "Authority"), and Harveston, LLC, a Delaware limited liability company (the "Developer"), and amends that certain Acquisition Agreement, dated as of August 1, 2002 (the "Original Agreement"), by and between the Authority and the Developer. Capitalized terms used herein, except as otherwise defined herein, have the meanings given such terms in Section 1.01 of the Original Agreement. RECITALS: A. In order to finance the Facilities as described in Exhibit A to the Original Agreement, the Developer and the Authority have entered into the Original Agreement for the acquisition of the Facilities and payment for Discrete Components thereof identified in the Exhibits to the Original Agreement. B. The Authority has now formed its Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II) (the "Harveston II CFD'), and the Harveston II CFD is authorized to fund various public improvements (the "Harveston II Facilities"). C. The Authority desires to engage the Developer to construct the Harveston II Facilities, and to pay the costs of such Harveston II Facilities, in the manner contemplated by the Original Agreement for the Facilities, ali as provided in the Original Agreement as amended and supplemented by this Supplement No. 1. AGREEMENT: In consideration of the mutual promises and covenants set forth herein, and for other 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 below: Section 1. Amendments and Supplements to Original Agreement.. (a) follows: The definitions in Section 1.01 of the Original Agreement are hereby amended as (i) The following terms are hereby added to Section 1.01 of the Original Agreement: "Fiscal Agent Agreement" means the fiscal agent agreement pursuant to which bonds of the Authority are issued for the Harveston II CFD. "Harveston I CFD" means the Temecula Public Financing Authority Community Facilities District No. 01-2 (Harveston), created by the Board of Directors of the Authority under the Act. -1- "Harveston I Facilities" means the public facilities described in Exhibit A hereto which are eligible to be financed by the Harveston I CFD. "Harveston II CFD' means the Temecula Public Financing Authority Community Facilities District No. 03-06 (Harveston II), created by the Board of Directors of the Authority under the Act. 'Harveston II Facilities" means the public facilities eligible to be funded by the Harveston II CFD." (ii) The following terms in Section 1.01 of the Original Agreement are hereby amended and restated in whole to read as follows: "Bonds" means (i) with respect to the Harveston I CFD, the bonds designated "Temecula Public Financing Authority Community Facilities District No. 01-2 (Harveston) Variable Rate Demand Special Tax Bonds, 2002 Series A', issued by the Authority for the Harveston I CFD, and (ii) with respect to the Harveston II CFD, any bonds of the Authority issued for the Harveston II CFD. "CFD" means, with respect to the Harveston I Facilities, the Harveston I CFD and, with respect to the Harveston II Facilities, the Harveston II CFD. "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 for the Harveston I Facilities are shown on Exhibit B hereto under the heading "Harveston I CFD' and the Discrete Components for the Harveston II Facilities are shown on Exhibit B hereto under the heading 'Harveston II CFD." "Facilities" means, with respect to the Harveston I CFD, the Harveston Facilities and, with respect to the Harveston II CFD, the Harveston II Facilities. "Improvement Fund" means, with respect to the Harveston ! CFD and the Harveston I Facilities, the Improvement Fund established by the Indenture and, with respect to the Harveston II CFD and the Harveston II Facilities, the Improvement Fund established by the Fiscal Agent Agreement. "Indenture" means (i) with respect to the Harveston I CFD, the Indenture of Trust, dated as of August 1, 2002, between the Authority and the Trustee, and (ii) with respect to the Harveston II CFD, the Fiscal Agent Agreement. "Supplement" means (i) Supplement No. 1 to Acquisition Agreement, dated as of November 25, 2003, between the Authority and the Developer; and (ii) any other written document amending, supplementing or otherwise modifying this Acquisition Agreement and any exhibit hereto, including any amendments to the list of Discrete Components in Exhibit B or Exhibit D, and/or -2- 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. (b) The last sentence of Section 3.01 of the Original Agreement is hereby amended and restated in full to read as follows: "The authorized aggregate principal amount of the Bonds for the Harveston I CFD is $25,000,000 and for the Harveston II CFD is $5,500,000; and the amount that the Authority anticipates depositing to the Improvement Fund for the Harveston I CFD is $5,150,000, and to the Improvement Fund for the Harveston II CFD is an amount not in excess of $3,520,000." (c) Section 4.07 of the Original Agreement is hereby amended and restated in full to read as follows: "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 have requested payment of $5,150,000 for the Harveston I Facilities under this Acquisition Agreement within twelve (12) calendar months from the date of the closing of the Bonds for the Harveston I CFD, and to have requested payment of the amount deposited to the Improvement Fund from the proceeds of the Bonds issued for the Harveston II CFD within twelve (12) calendar months from the date of closing of the Bonds for the Harveston II CFD. Any failure to request the full amount in the Improvement Fund for the applicable Facilities within said time period shall not, however, in itself, constitute a breach by the Developer of the terms of this Acquisition Agreement." (d) Section 9.01 of the Original Agreement is hereby amended and restated in full to read as follows: "Section 9.01. Intentionally Omitted." (e) Exhibit B to the Original Agreement is hereby replaced in whole with the text in Exhibit A to this Supplement No. 1. (f) The first paragraph of Exhibit C to the Original Agreement is hereby amended and restated in full to read as follows: "The undersigned (the "Developer"), hereby requests payment in the total amount of $ for the Facilities (as defined in the Acquisition Agreement, dated as of August 1, 2002, as amended, between the Temecula Public Financing Authority (the "Authority") 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:" Section 2. Counterparts. This Supplement No. 1 may be executed in counterparts, each of which shall be deemed an original. Section 3. Interpretation of Agreement. Captions used in this Supplement No. 1 are for convenience of reference only and shall not affect the interpretation or meaning of this Supplement No. 1 or the Original Agreement. -3- IN WITNESS WHEREOF, the parties have executed this Supplement No. I as of the day and year first-above written. TEMECULA PUBLIC FINANCING AUTHORITY, for itself and on behalf of the TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT 01-2 (HARVESTON) By:. Executive Director HARVESTON, LLC, a Delaware limited liability company By: Lennar Homes of California, Inc., a California corporation By: Its: By: Its: EXHIBIT A TO SUPPLEMENT NO. 1 ACQUISITION AGREEMENT EXHIBIT B DISCRETE COMPONENTS OF HARVESTON I FACILITIES FACILITY/DISCRETE COMPONENT DESCRIPTION 1. Offsite EIR Mitigation Improvements: a. Rustic Glen Drive at Margarita Road 1. Street and Signal Improvements 2. Right of Way Acquisition b. Margarita Road at South Project Residential 1. Street and Signal Improvements 2. Right of Way Acquisition c. Winchester Road at Ynez Road 1. Street and Signal Improvements 2. Right-of-way Acquisition d. Winchester Rd. at Margarita Road 1. Street and Signal Improvements 2. Right-of-way Acquisition e. Winchester Rd. at Jefferson Ave. 1. Street and Signal Improvements 2. Right-of-way Acquisition f. Winchester Road at 1-15 Southbound Ramp 1. Street and Signal Improvements 2. Right-of-way Acquisition g. Margarita Road, Complete East One Half Widening 1. Street and Signal Improvements 2. Right of Way Acquisition h., i. and j. [intentionally omitted] k. Overland Drive at Jefferson Ave. 1. Street and Signal Improvements 2. Right-of-way Acquisition DISCRETE COMPONENT BUDGET $67,7OO TBD $167,500 TBD $984,700 TBD $421,800 TBD $384,100 TBD TBD $450,000 TBD $129,400 TBD A-1 1. Overland Drive at Ynez Road 1. Street and Signal Improvements 2. Right-of-way Acquisition m. Overland Drive at Margarita Road 1. Street and Signal Improvements 2. Right-of-way Acquisition n. Date Street at Ynez Road 1. Street and Signal Improvements 2. Right-of-way Acquisition o. Date St at Service Commercial Access I 1. Street and Signal Improvements 2. Right-of-way Acquisition p. Date St at North Project Residential Access Road 1. Street and Signal Improvements 2. Right-of-way Acquisition q. Ynez Rd. at Service Commercial Access II 1. Street and Signal Improvements 2. Right-of-way Acquisition r. Ynez Rd. at Service Commercial Access III 1. Street and Signal Improvements 2. Right-of-way Acquisition s. Ynez Rd. at Service Commercial Access IV 1. Street and Signal Improvements 2. Right-of-way Acquisition t. Date Street at Margarita Road 1. Street and Signal Improvements 2. Right-of-way Acquisition u. Cherry/Date Streets Interchange Design Project 2. Harveston Backbone Improvements: a. Margarita Road, Date Street to Santa Gertrudis Creek 1. Clear & Grubb, Grading & Detour 2. Storm Drain pipes, inlets & outlets 3. Paving/Curb & Gutter 4. Utilities 5. Irrigation, Landscaping & Walkways b. Date Street, median and southerly one-half, $129,400 TBD $1,700 TBD $184,500 TBD $24,200 TBD $174,200 TBD $26,850 TBD $13,425 TBD $176,850 TBD $157,000 TBD $1,000,000 $0 $500,000 $85,000 $1,800,000 A-2 Margarita Rd. to Northerly Entrance Road. 1. Clear & Grubb, Grading 2. Storm Drain pipes, inlets & outlets 3. Paving/Curb & Gutter 4. Utilities 5. Irrigation, Landscaping & Walkways c. Date Street, full width, Northerly Entrance to Ynez Road 1. Clear & Grubb, Grading 2. Storm Drain pipes, inlets & outlets 3. Paving/Curb & Gutter 4. Utilities 5. Irrigation, Landscaping & Walkways d. Date Street, full width, Ynez Road to 1-15. 1. Clear & Grubb, Grading 2. Storm Drain pipes, inlets & outlets 3. Paving/Curb & Gutter 4. Utilities 5. Irrigation, Landscaping & Walkways e. Ynez Road, full width, existing Ynez Road to Date Street 1. Clear & Grubb, Grading 2. Storm Drain pipes, inlets & outlets 3. Paving/Curb & Gutter 4. Utilities 5. Irrigation, Landscaping & Walkways f. Ynez Road, full width, Date Street to northerly city limits. 1. Clear & Grubb, Grading 2. Storm Drain pipes, inlets & outlets 3. Paving/Curb & Gutter 4. Utilities 5. Irrigation, Landscaping & Walkways g. Easterly Residential Access Road, full width (Harveston School Road) (Completed) 1. Clear & Grubb, Grading 2. Storm Drain pipes, inlets & outlets 3. Paving/Curb & Gutter 4. Utilities 5. Irrigation, Landscaping & Walkways $0 $o $405,000 $0 $340,000 $0 $85,000 $600,000 $90,000 $600~000 $0 $600,000 $35,000 $600,000 $0 $0 $49Z000 $12,500 $620,000 $0 $40,000 $492,000 $9O,000 $620,000 $0 $80,000 $0 $o $55,000 A-3 h. Loop Road, full width, lying adjacent to elementary school. (Completed) 1. Clear & Grubb, Grading & Detour 2. Storm Drain pipes, inlets & outlets 3. Paving/Curb & Gutter 4. Utilities (reclaimed water line) 5. Irrigation, Landscaping & Walkways $0 $60,000 $200,000 $65,000 $100,000 A-4 EXHIBIT B DISCRETE COMPONENTS OF HARVESTON II FACILITIES FACILITY/DISCRETE COMPONENT DESCRIPTION 1. Winchester/Ynez Road Intersection (Phase I): Rough Grading: Storm Drain: Street improvements: Signal, Signing and Striping: Landscaping: Total Phase I Cost 2. Winchester/Ynez Road Intersection (Phase II): Rough Grading: Storm Drain: Street improvements: Signal, Signing and Striping: Landscaping: Bridge Substructure: Bridge Superstructure: Total Phase II Cost: Total Cost: DISCRETE COMPONENT BUDGET $ 111,000.00 67,000.00 501,000.00 312,000.00 123,000.00 $1,114,000.00 $ 86,000.00 17,000.00 172,000.00 86,000.00 34,000.00 1,004,000.00 1~004,000.00 $2,403,000.00 $3,517,000.00 A-5 DISCRETE COMPONENTS OF HARVESTON II FACILITIES FACILITY/DISCRETE COMPONENT DESCRIPTION 1. Winchester/Ynez Road Intersection (Phase I): Rough Grading: Storm Dram: Street improvements: Signal, Signing and Striping: Landscaping: Total Phase I Cost 2. Winchester/Ynez Road Intersection (Phase II): Rough Grading: Storm Drain: Street improvements: Signal, Signing and Striping: Landscaping: Bridge Substructure: Bridge Superstructure: Total Phase II Cost: Total Cost: DISCRETE COMPONENT BUDGET $ 111,000.00 67,000.00 501,000.00 312,000.00 123,000.00 $1,114,000.00 $ 86,000.00 17,000.00 172,000.00 86,000.00 34,00O.OO 1,004,000.00 1,004,000.00 $2,403,000.00 $3,517,000.00 A-5 ITEM 10 APPROVAL CITY A'FI-ORNEY ~ DIRECTOR OF FINANCL:"'~ CITY MANAGER ~/'~ / TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City M anager/Cit}/-)Co, l ~qcil Debbie Ubnoske','Director of Planning November 25, 2003 Amendment of the Temecula Regional Center Specific Plan to establish regulations governing temporary uses in parking lots of the Promenade Mall (40820 Winchester Road) Planning Application no. PA02-0522. PREPARED BY: Don Hazen, Principal Planner RECOMMENDATION: Recommend that the City Council Approve the Amendment of the Temecula Regional Center Specific Plan to establish regulations governing temporary uses in parking lots of the Promenade Mall. BACKGROUND: The applicant requests a text amendment of the Temecula Regional Center Specific Plan to establish regulations related to temporary uses for the area encompassed by the Promenade Mall and the surrounding interior parking lots of the loop road. The Specific Plan is currently silent on the issue of temporary uses and by default, reverts to the City-wide regulations outlined in Development Code Section 17.04.020. The primary restrictions of the Code which have prompted the applicant to request greater flexibility ara that temporary uses are limited to a maximum of two (2) events per calendar year and not exceeding four consecutive days, and that the merchandise must be sold only by businesses that are permanently established on the site. The proposed Specific Plan text amendment would permit the mall and surrounding parking lots (interior of the loop road) to have up to twelve (12) events per calendar year not exceeding fourteen (14) consecutive days, but no more than two events per month; and that the uses also include "Car Shows and Sales" and "Boat and Watercraft Shows and Sales". The Promenade Mall is located in the central retail core of the City, which enables the site to provide greater visibility to promote commerce in the region. While the City Attorney has indicated that the City cannot legally require the applicant to give preference to local businesses in these events, staff nevertheless believes that providing the mall greater opportunities for temporary uses will have an overall regional economic benefit. All applications will still be required to obtain approval of a Temporary Use Permit from the Planning Director, and in discussions with the applicant, parking availability and mall access are primary factors that staff and the mall management will evaluate. The applicant plans to have a car sales event in December and requested joint processing of this application before the Planning Commission and City Council. At the Planning Commission Meeting on November 19, 2003 the Commission unanimously approved this amendment with three changes. The Commission felt that 12 events per year were too many and could have an impact on the mall and surrounding roads and recommended that no more than 6 events be held in a year. They also had concerns with the length of time permitted for each event and recommended no more than 2 events be allowed to take place for 14 days. The remaining 4 events would be restricted to no more than 7 days. The last change the Commission requested was the addition of language in the Specific Plan that would allow the Director of Planning to incrementally increase the number of events at some future date. FISCAL IMPACT: Potential positive impact resulting from increased opportunities for sales tax revenue. ATTACHMENTS: 1. Draft City Council Ordinance approving text amendment 2. November 19, 2003 Planning Commission Staff Report ATTACHMENT NO. 1 CITY COUNCIL ORDINANCE NO. 03- R:\S P A~002\02-0522 Temecula Regional Center SPLStafl Repot[ - City C~uncil.doc ORDINANCE NO. 2003 AN ORDINANCE OF THE CITY COUNCIL OF TEMECULA, CALIFORNIA, APPROVING PLANNING APPLICATION PA02- 0522, AMENDMENT NO. 2 TO SPECIFIC PLAN NO. 263 (TEMECULA REGIONAL CENTER) AMENDING SECTION II1.C.1 TO ESTABLISH REGULATIONS RELATED TO TEMPORARY USES FOR THE LAND AREA ENCOMPASSED BY THE PROMENADE MALL AND SURROUNDING PARKING LOTS INTERIOR OF THE LOOP ROAD LOCATED AT 40820 WINCHESTER ROAD. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Public hearings have been held before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the State of California, and the City Code of the City of Temecula. The application is hereby approved and Section II1.C.1 of the Specific Plan is hereby amended as follows: A. Temporary Uses. By virtue of its location and land area, the Property can offer unique opportunities to help promote local and regional businesses through temporary special uses and events. Therefore, in addition to all other temporary uses currently permitted by Section 17.04.020 of the City's Development Code, and notwithstanding any other provision in the City's Development Code, or any other City rule, resolution, ordinance or code, temporary uses shall be permitted on the Property, subject to the issuance of a temporary use permit including, without limitation, the following: Car Shows and Sales Recreational Vehicle Shows and Sales Boat and Watercraft Shows and Sales B. Temporary uses may take place on any portion of the Property described as the Promenade Mall and surrounding parking lots within the Iccp road, and shall be limited such that: (i) there shall be no more than twelve (12) events per calendar year; (ii) each event shall not exceed fourteen (14) consecutive days (not including days required for set up and take down); and (iii) there shall be no more than two (2) events per month. Notwithstanding the foregoing, Holiday and Seasonal events may have duration of fourty-five (45) consecutive days of use (not including days required for set up and take down). C. The following temporary uses shall be allowed on the Property, subject to the issuance of a temporary use permit, in addition to the twelve (12) annual events authorized above: (iv) Farmer's markets covered by that certain Minor Development Plan No. PA01-0234; and (v) temporary uses sponsored, produced or facilitated by, not for profit organizations. D. Sales from temporary uses shall not be restricted to merchandise customarily sold on the Property by permanently established businesses. E. Remaining Effectiveness. Except as modified by way of this Amendment, the terms and provisions of the Specific Plan shall remain in full force and effect. R:\S P A\2002\02-0522 Temecula Regional Center SPXCCordinance.doc Section 2. The City Council in making a determination of Exemption from the California Environmental Quality Act, specifically finds that the text amendment is exempt from the California Environmental Quality Act because it does not constitute an entitlement to develop or initiate a temporary use, and that each application for a Temporary Use Permit will require separate review in accordance with the California Environmental Quality Act. Section 3. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from the adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. Section 4. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 25th day of November 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [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 the foregoing Ordinance No. 03- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 25th day of November, 2003, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 25th day of November, 2003 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:~S P AX2002\02 0522 Temecula Regional Center SP~CCordinance,doc 2 ATTACHMENT NO. 2 NOVEMBER 19, 2003 PLANNING COMMISSION STAFF REPORT Date of Meeting: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION November 19, 2003 Prepared by: Don Hazen Title: Principal Planner File Number PA02-0522 Application Type: Specific Plan Amendment Project Description: Amendment of the Temecula Regional Center Specific Plan to establish regulations governing temporary uses in parking lots of the Promenade Mall (40820 Winchester Road) Recommendation: [] Recommend City Council Approval CEQA: [] Exempt (Class) Not a project [] Negative Declaration [] Mitigated Negative Declaration with Monitoring Plan [] EIR PROJECT DATA SUMMARY Applicant: Application Completion Date: The Promenade In Temecula (Michael Doblado, General Manager)) October 21,2003 Mandatory Action Deadline Date: N/A General Plan Designation: CC (Community Commercial) Zoning Designation: SP-7 (Temecula Regional Center) R:',S P AL2002\02-0522 Temecula Regional Center SPXSTAFF REPORT.doc 1 Site/Surrounding Land Use: Site: Retail North: Retail South: Retail East: Retail West: Retail Lot Area: Total Floor Area/Ratio Landscape Area/Coverage Parking Required/Provided BACKGROUND SUMMARY Interior parking area within Promenade Loop Road N/A N/A N/A [] 1. Staff has worked with the applicant to ensure that all concerns have been addressed, and staff and the applicant concur with the recommended text amendments. ANALYSIS The applicant requests a text amendment of the Temecula Regional Center Specific Plan to establish regulations related to temporary uses for the area encompassed by the mall and the surrounding parking lots within the interior Iccp road. The Specific Plan does not currently address temporary uses, so the applicable regulations had been based on the City-wide regulations specified in Development Code Section 17.04.020. Minor Temporary Uses include events such as sidewalk sales, vendor stands, and outdoor exhibits/sales of memhandise (typically in parking lots). The Development Code restricts Minor Temporary Uses to a maximum of two (2) events per calendar year not exceeding four (4) consecutive days, and the merchandise must be sold only by businesses that are permanently established on the site. The applicant is requesting greater flexibility with respect to the restrictions on businesses not established at the mall, the maximum allowable number of events per year, and the duration of those events. The proposed Specific Plan text amendment will permit "Car Shows and Sales, Recreational Vehicle Shows and Sales, and Boat and Watercraft Shows and Sales". If approved, this will eliminate the Development Code requirement that the sellers have a permanently established place of business at the site. The applicant also requests that temporary uses at the mall not be limited to two events per year, but allow up to twelve (12) events per calendar year; each event wJll not exceed fourteen (14) consecutive days; and that there will be no more than two (2) events per month. R:~S P A~2002\02-0522 Temecula Regional Center SPXSTAFF REPORT.doc 2 Staff has analyzed the request and supports the greater flexibility being proposed. The mall area is unique in that it has large expanses of parking area that are not being fully utilized at this time. The mall is also sited in the central retail core of the City and enables the site to have greater visibility to promote commerce in the region. While the City Attorney has indicated that the City cannot require the applicant to give preference to local businesses in these events, staff nevertheless believes that affording the mall greater opportunities for temporary uses will have an overall regional economic benefit. In discussions with the applicant, staff believes that there is a mutual understanding that the scope, frequency, and/or duration of those events may likely decrease over time as the regional population and mall usage increases. All applications for temporary uses in the City are subject to review and approval of a Temporary Use Permit application by the Planning Director. This process allows each department to review the request and place any conditions on the event that may be deemed necessary. Parking availability and mall access are undoubtedly primary factors that the Planning staff and the mall management would be jointly concerned with. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be exempt from further environmental review. The text amendment does not entitle or initiate a temporary use, and each application for a Temporary Use Permit will require separate review in accordance with CEQA. CONCLUSION/RECOMMENDATION This is a request to amend the Regional Center Specific Plan, which requires City Council approval. Staff recommends that the Planning Commission recommend City Council approval of the application as submitted. ATTACHMENTS. PC Resolution 2003- Recommending City Council Approval with attached proposed Specific Plan text Vicinity Map Development Code Excerpt, Section 17.04.020 (Temporary Use Permits) R:~S P A~2002\02-0522 Temecula Regional Center SI~STAFF REPORT.doc 3 ATTACHMENT NO. 1 PC RESOLUTION NO. 2003- RECOMMENDING CITY COUNCIL APPROVAL WITH ATFACHED PROPOSED SPECIFIC PLAN TEXT R:~S P A~2002\02-0522 Temecula Regional Center SP~STAFF REPORT.doc 4 PC RESOLUTION NO. 2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CiTY OF TEMECULA RECOMMENDING CITY COUNCIL APPROVAL OF AN ORDINANCE APPROVING A TEXT AMENDMENT OF THE TEMECULA REGIONAL CENTER SPECIFIC PLAN AMENDING SECTION III.C.1 TO ESTABLISH TEMPORARY USE REGULATIONS FOR THE LAND AREA ENCOMPASSED BY THE PROMENADE MALL AND SURROUNDING PARKING LOTS INTERIOR OF THE LOOP ROAD LOCATED AT 40820 WINCHESTER ROAD. WHEREAS, The Promenade in Temecula, initiated Planning Application No. PA02-0522 (Specific Plan Amendment), in accordance with the City of Temecula General Plan and Temecula Regional Center Specific Plan; WHEREAS, Planning Application No. PA02-0522 was processed including, but not limited to public notice, in a timely manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA02-0522 (Specific Plan Amendment) on November 19th, 2003, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Specific Plan Amendment. The Planning Commission hereby recommends that the City Council approve a text amendment of the Temecula Regional Center Specific Plan to modify Section III.CA. adding provisions for Temporary Uses as shown in Exhibit A. Section 2. Environmental Compliance. The Planning Commission has reviewed the application and hereby recommends that the City Council of the City of Temecula find that the text amendment is exempt from the California Environmental Quality Act because it does not constitute an entitlement to develop or initiate a temporary use, and that each application for a Temporary Use Permit will require separate review in accordance with the California Environmental Quality Act. Section3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 19th day of November 2003. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary [SEAL] R:XS p A~2002\02-0522 Temecula Regional Center SP~PCRESO.doc 1 STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2003- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 19th day of November 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:~S P A~2002\02-0522 Tcmecula Regional Center SP~CRESO.doc 2 ATTACHMENT A PC RESOLUTION NO. 2003- R:XS p A~2002\02-0522 Temecula Regional Center SPu'~CRESO.doc 3 c. Temporary Uses. By virtue of its location and land area, the Property can offer unique opportunities to help promote local and regional businesses through temporary special uses and events. Therefore, in addition to all other temporary uses currently permitted by Section 17.04.020 of the City's Development Code, and notwithstanding any other provision in the City's Development Code, or any other City rule, resolution, ordinance or code, temporary uses shall be permitted on the Property, subject to the issuance of a temporary use permit including, without limitation, the following: Car Shows and Sales Recreational Vehicle Shows and Sales Boat and Watercraft Shows and Sales Temporary uses may take place on any portion of the Property, and shall be limited such that: (i) there shall be no more than twelve (12) events per calendar year; (ii) each event shall not exceed fourteen (14) consecutive days (not including days required for set up and take down); and, (iii) there shall be no more than two (2) events per month. Notwithstanding the foregoing, Holiday and Seasonal events may have durations of forty-five (45) consecutive days of use (not including days required for set up and take down). The following temporary uses shall be allowed on the Property, subject to the issuance of a temporary use permit, in addition to the twelve (12) annual events authorized above: (iv) Farmer's markets covered by that certain Minor Development Plan No. PA01-0234; and (v) temporary uses sponsored, produced or facilitated by not for profit organizations. Sales f~om temporary uses shall not be restricted to merchandise customarily sold on the Property by permanently established businesses. III-56.1 ATTACHMENT NO. 2 VICINITY MAP R:~S P A~002\02-0522 Temecula Regional Center SPXSTAFF REPORT.doc 5 ,ilJJJJ ~ J J~ ATTACHMENT NO. 3 DEVELOPMENT CODE EXCERPT, SECTION 17.04.020 (TEMPORARY USE PERMITS) R:~S P A~2002\02-0522 Temecula Regional Center SPXSTAFF REPORT.doc 6 "use" shall mean the beginning of a substantial construction of the use that is construction must thereafter be pursued diligently to completion, or the actual occu of existing buildings or land under terms of the authorized use. Reservation of Ri( permit granted or approved hereunder, be approved or conditionally approved with the city, and its planning director, and city council retaining and reserving the right and jurisdiction to review and modif~ ~ conditional use permit (including the conditions of approval) based on chan Changed cimumstances include, but are not limited to the modification of the business the business, and the expansion, reservation of right to review any conditional use approved hereunder bythe city, its planning director is in addition to, and not lieu of, the right of commission, and city council to review and revoke approved or conditionally approved her~ on such conditional use permit or for the maintenance of any code violation thereon. ~hasis, size or nature of uretion or change of use. The t granted or approved or conditionally ling commission, and city council planning, planning ' conditional use permit condition or other J. Modifications of a Conditional Use Permit. Req be made in conformance with the provisions of Section 17.05.030. (Ord. 96-19 §~'~) and (J); Ord. 95-16 § 2 (part); Ord. 97-17 § 7, Ord. 03-04 § 2) 17.04.020 TEMPORARY USE PERMITS. Purpose and Intent. The temporary use permit allows for short-term activities, typically less than one year in duration, which may be appropriate when regulated. Permitted Uses. Temporary uses are divided into two general categories, minor and major. Major temporary uses have a potential to create health and safety problems, can occur on undeveloped property, could create traffic problems, and/or could potentially disrupt community life. Minor temporary uses occur on developed private property, generally commercial, for very short time periods. These temporary uses produce little noise, and have no impacts to adjacent properties or to traffic and public safety. Major Temporary Uses. The following major temporary uses may be permitted, subject to the issuance of a temporary use permit. a. Real estate offices and model homes within approved development projects. On- and off-site contractors' construction yards in conjunction with an approved active development project. Trailers, coaches or mobile homes as a temporary residence of the property owner when a valid residential building permit is in force. The permit may be granted for up to one hundred eighty days, or upon expiration of the building permit, whichever first occurs. Christmas tree sales lots, however, a permit shall not be required when such sale is in conjunction with an established commercial business holding a valid business license, provided such activity shall be only held from November 1 st through December 31 st. Includes Amendments as of July 8, 2003 Chapter 17.04 ~ 4 Fairs, festivals and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities. f. Pumpkin sales Jots. g. Seasonal sale of agricultural products. Outdoor temporary swap meets or auctions, limited to two events per calendar year, not exceeding four consecutive days. Minor Temporary Uses. The following minor temporary uses may be permitted, subject to the issuance of a temporary use permit. Outdoor display and sales of merchandise within commercial land use districts, limited to two events per calendar year, not exceeding four consecutive days, including only merchandise customarily sold on the premises by a permanently established business. Public health and safety activities including emergency clinics and temporary inoculation centers. c. Sidewalk sale and vendor stands (non-mobile), d. Flower sales (non-mobile). e. Special lighting exhibits including spotlights. Veterinary clinics on developed sites that are not in conjunction with a veterinary facility (i.e., pet store, groomer). For temporary uses that are not listed in Subsections B.1 and B.2, the director of planning may, at his/her sole discretion, determine whether an unlisted temporary use should be classified as major or minor. This determination shall be based upon the similarities and differences with the above listed uses and an assessment of the proposed temporary use's compatibility with the zoning district and surrounding land uses. Authority. A temporary use permit may be approved, conditionally approved or denied administratively by the director of planning. The director may refer such initial application to the planning commission. Decisions of the director may be appealed to the planning commission, pursuant to Section 17.03.090 of this development code. Findings. The director of planning may approve, or conditionally approve a temporary use permit application, only when the following findings can be made: The proposed temporary use is compatible with the nature, character and use of the surrounding area. The temporary use will not adversely affect the adjacent uses, buildings or structures. Includes Amendments as of July 8, 2003 Chapter 17.04 - 5 The nature of the proposed use not detrimental to the health, safety, or welfare of the community. Conditions of Approval. In approving an application for a temporary use permit, conditions may be imposed when deemed necessary to ensure that the permit will be in accordance with the intent of this development code. These conditions may involve any pertinent factors affecting the operation of such temporary event, or use, and may include, but are not limited to: Provision for a fixed period not to exceed ninety days for a temporary use not occupying a structure, including promotional activities, or one year for all other uses or structures, or for a shorter period of time as determined by the director, except that residential model home complexes may be approved for any appropriate period of time. 2. Provision for temporary parking facilities, including vehicular ingress and egress. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, din, odors, gases and heat. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards. 5. Prevision for sanitary and medical facilities. 6. Provision for solid, hazardous and toxic waste collection and disposal. 7. Provision for security and safety measures. 8. Regulation of signs, Regulation of operating hours and days, including limitation of the duration of the temporary use. 10. Submission of a performance bond or other surety devices, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition. 11. A requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of the municipal code. 12. Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this section. Revocation. A temporary use permit may be revoked or modified by the director in accordance with Section 17.03.080. (Ord. 98-19 §§ 2(K) and (L); Ord. 95-16 § 2 (part); Ord. 97-17 § 3(B); Ord. 99-24 § 1) Includes Amendments as of July 8, 2003 Chapter 17.04 - 6 ITEM 11 APPROVAL CITY ATTORNEY D,RECTOR Or CITY MANAGER '~ TO: FROM: DATE: SUBJECT: Stone) CITY OFTEMECULA AGENDA REPORT City Manager/City Council Jim O'Grady, Assistant City Manag r~..-v.-~ November 25, 2003 Donation to Temecula Pop Warner Cheerleading Squad (Requested by Mayor RECOMMENDATION: That the City Council consider approval and allocation of up to $1000 to assist Temecula Pop Warner Cheedeading squad members in attending the national championship competition. BACKGROUND: The Temecula Pop Warner Cheedeading squad members have won regional competitions, and if they are successful in their next competition, will be invited to attend the national championships to be held in Florida. There are 20 members of this squad. Mayor Stone is requesting that the City Council consider approving up to $1000 to assist the squad in travel expenses in the event that they attend the national championships. FISCAL IMPACT: Funding was not included in the FY 2003/04 budget for this purpose. If Council approves this request, Council would also need to appropriate $1000 from the Unallocated Reserves of the General Fund to Department 101, account 5267 ((Community Support - Community Services Funding) E:\Ogradyj'~Agenda Reports\Pop Warner Donation - 11-25-03.doc ITEM 12 TO: FROM: DATE: SUBJECT: APPROVAL CITY A'Fr'ORNEY ... DIRECTOR OF FI~A~/~I~ CITY MANAGER X~A ~ CITY OF TEMECULA AGENDA REPORT City Council Shawn D. Nelson, City Manager November 25, 2003 Appointment of Ad Hoc Council Subcommittee to review the Campus Project (At the request of Mayor Stone) PREPARED BY: Michaela A. Ballreich/Deputy City Clerk RECOMMENDATION: Appoint two members of the City Council to serve on an Ad Hoc Council Subcommittee for the purpose of reviewing the Campus Project. Campus Project Subcommittee DEPARTMENTAL REPORTS TO: FROM: DATE; SUBJECT: APPROVAL CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City~.oL~il Debbie Ubnoske~..~ctor of Planning November 25, 2003 Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department in the month of October 2003. CURRENT PLANNING ACTIVITIES New Cases The Division received 7..~1 new applications for administrative, other minor cases, and home occupations and 1__~0 applications for public hearings during the month of October. The new public hearing cases are as follows: DEVELOPMENT PLAN 1 MINOR CONDITIONAL USE PERMIT 1 LOT LINE ADJUSTMENT 2 EXTENSION OF TIME 1 DEVELOPMENT AGREEMENT 1 MASSAGE DEVELOPMENT PERMIT 1 CERTIFICATE OF LAND DIVISION COMPLIANCE 1 MERGE CONTIGUOUS PARCELS 1 TENTATIVE TRACT MAP RESIDENTIAL 1 Status of Maior Proiects Recently Approved Projects Paseo del Sol Pad "C" - An Administrative Development Plan to construct a 7,368 square foot commercial building on Pad "C" within the existing, 11.98 acres, Villages @ Pasco 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. R:'~VIONTH LY. R PT~2003\10-2003 Report.doc 1 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. The project was approved at the October 23, 2003 Director's Hearing Meeting. Margarita Meadows - An Administrative Development Plan to remodel the front facade of an existing building for retail use. The project is located at 40435 Winchester Road within the Margarita Meadows/Costco Commercial 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. 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. On November 5, 2003, the Planning Commission denied the appeal and upheld the Director's decision to approve the project. 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 ail 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 Architects 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. (No change in status as of 11/6/03). 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. It is anticipated that plans will be submitted by late November. 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 Code 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. R:~'IONTHLY.RPT~2003\10-2003 Reporl.doc 2 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. The applicant resubmitted plans on October 28, 2003. Comments due from all departments on November 19, 2003 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 18, 2003. A DRC meeting was held on October 16, 2003. Staff is awaiting plan revisions. 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. This application was heard by the City Council on appeal and was remanded back to the Planning Commission for further revisions. The project has been scheduled for the November 19, 2003 Planning Commission Meeting. 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. The applicant resubmitted the project on October 31, 2003. Comments due November 23, 2003. 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. (No change in status as of November 6, 2003). Toyota of Temecula New Service Facility - A Development Plan to construct and operate a 5, 469 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 has reviewed revised plans that were submitted October 17, 2003, and will be issuing conditions of approval shortly. 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 has reviewed revised plans that were submitted October 14, 2003, and has further comments. Sushi Camp Patio Dining - An Administrative Development Plan to establish a 308 square foot outdoor dining area on existing hardscape to consist of steel chairs and tables and a 36" R:~MONTHLY.RP'r~.003\10-2003 Report.doc 3 wrought iron fence at 32240 Highway 79 South, Suite 104. A letter was sent to the applicant on September 22, 2003. Staff has sent a letter to follow up on the status of revisions. Spoke to the applicant via telephone and awaiting submittal of revised plans. 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 6TM Street (APN 922-026-022). Matthew Fagan Consulting Services, submitted the application for Michael McMillan of Temecula on August 25, 2003. A D RC 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. Staff has reviewed revised plans that were submitted October 17, 2003, and has further comments. Temecula Wine Company- A Minor Conditional Use Permit to establish a wine tasting facility in the Tower Plaza Shopping Center. A letter was sent to the applicant on October 8, 2003, outlining the issues. Staff is waiting for revised plans. Roick Drive Business Park- A Development Plan to construct two commercial buildings totaling 25,618 square feet on 3.64 acres, located on the north side of Roick Drive, approximately 500 feet west of Winchester Road. Landan Construction Company submitted the application on October 13, 2003. A DRC meeting with the applicant was held on October 13, 2003 to discuss site design issues. 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. The applicant resubmitted plans on October 28, 2003. Staff is currently reviewing the revised map. 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 Roick/Regency Industrial Building - 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. A second DRC meeting is scheduled for November 13, 2003. R:'WIONTHLY.RP'F~003\10-2003 Report.doc 4 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. Vitlages of Old Town - Staff has met a few times during the past few weeks; however, no formal submittal has been received. A subcommittee meeting will be held to discuss the project. 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 Front Street an Fourth Street. A DRC meeting was held on for September 11,2003 and staff is awaiting submittal for revised plans. Staff spoke to the applicant on October 13, 2003, and the applicant stated they will submit revised plans by the end of November. 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 was held on October 23, 2003, and a DRC letter was mailed to applicant. A Purchase and Sale Agreement is scheduled for the November 18, 2003 City Council Meeting. Upon a successful agreement, the applicant will submit a request for a withdraw. 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 was held on November 6, 2003, and a DRC letter was mailed to the applicant on November 10, 2003. Temecula Creek Village - A Substantial Conformance application to reduce the size of Building C-5 to 23,679 square feet and to increase the size of Building C-9 to 6,000 square feet. Overall project square footage will remain the same at 123,000 square feet. Staff is awaiting revised floor plans and elevations. 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. Staff is awaiting submittal of revised plans. R:~IONTHLY.RPT'~.O03\IO-2003 ReporLdoc 5 Shea Homes at Roripaugh Ranch - A application for Product Review for 99 detached single- family residences which will offer 3 floor plans in 3 architectural designs. The houses are located in Planning Area 3 along Murrieta Hot Springs Road. Staff met with the applicant on October 16, 2003 to discuss the project. Staff is waiting for revised plans. 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 (31344) was initially a proposal for a 15-unit detached condominium project. On October 13, 2003, the applicant submitted a revised map for 10 single-family lots. Staff has scheduled a DRC for November 13,2003 to discuss the project. Meeker Companies at Roripaugh Ranch - Application for Product Review for 113 detached single-family residences, which will offer four (4) floor plans in three (3) architectural styles. The houses are located in Planning Area 4B along Murrieta Hot Springs Road. The application was submitted on November 4, 2003. 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 .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. As of November 10, 2003, staff as not received a resubmittal. 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 has made a recommendation on policy for the Chaparral Area allowing 1/2- acre lots if it does not increase a "net" density. An apptication for a PDO has not yet been submitted. R:'WIONTHLY.RPT\2003\10-2003 Report.doc 6 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 November 6, 2003. Staff is awaiting plan revisions. 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. An Environmental Assessment has been completed. Based on the EA, no significant impacts have been identified. On August 12, 2003, the City Council denied the Zone Change application without prejudice and referred the Zone Change policy issue to the General Plan CAC for an advisory recommendation. The CAC has determined that the Zone Change can be supported and the applicant will refile a new application. The Planning Commission will review this on November 19, 2003. 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. The applicant resubmitted plans that addressed all of staff's concerns. Staff anticipates a December 4, 2003 Director's Hearing. The Reserve @ Crowne Hill - A request to develop 28 semi-custom detached single-family residential homes with three different plans with eight architectural 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 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 a future Planning Commission Hearing. Staff is meeting with the applicant to discuss the project. 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 has met with applicant on October 22, 2003 to discuss interior issues for this type of occupancy. The applicant has submitted revised plans on October 31,2003. Staff is currently reviewing these plans. 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 additiona~ studies in order to complete the assessment and is completing an Initial Study. Staff has received revised p~ans R:~',4ONTH LY.RPT~2003\I 0-2003 Repod.doc 7 that have been determined to be an acceptable design and is currently completing an initial study and will be 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 December 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 approved on October 22, 2003. 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. (No change in status as of November 6, 2003). 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; however, on November 10, 2003, they offered to look at alternative sites and designs. 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 review potential height and visibility solutions. The applicant is currently considering co-location at an existing mono-pine rather than this location. 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 applicant recently demonstrated that acceptable screening will be used and the project is scheduled for review by the OTLRB on November 10, 2003. 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 Zevo Drive (APN 909-360-026). The application was submitted on August 28, R:\MONTH LY.R PT~2003\10-2003 Report.doc 8 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 chumh 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. It is anticipated that plans will be submitted by end of November 2003. Shire Re-Roof- An Administrative Development Plan to re-roof the Shire Building located within Old Town Specific Plan at 28656 Old Town Front Street. Staff has reviewed the application and discussed the project with the fire and building departments and is preparing an approval letter and conditions of approval. Painted Garden - An Administrative Development Plan submitted by Lorena Spencer to establish an outdoor display of garden accessories in the Welty Building Plaza area, located at 28659 Old Town Front Street, within the Old Town Specific Plan. Staff is currently reviewing the application. 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. Staff received needed information from the applicant and submitted an application for funding under the Fa(;ade Improvement Program to the Redevelopment Department. 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 November. 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. Special Event Permits Temecula Good Old Days Car Show: This event will take place February 27-29, 2004 in Old Town Temecula. An organizational meeting was held with City staff in October. Applications for a Temporary Use Permit and Special Event Permit for road closures will be filed in November. 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 Temecula Fall Car Show: This event took place in Old Town Temecula on October 10-11,2003, Staff held several organizational meetings with this applicant and helped him develop a revised site plan. · The Great Temecula Tractor Race: Staff worked with the applicant, Southwest Events, to R:~VlONTHLY.RPT~?.003\10-2003 Report.doc 9 complete details for this event that took place at the Northwest Sports Complex on October 3-5, 2003. Organizational meetings were held with City departments and a site plan was developed for the applicant by staff. Special Proiects & Lon.q Ran.qe 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; they will 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. 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. R:~vlONTHLY.RPT'~.003\10-2003 Report.doc 10 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. The NOP Draft SEIR was distributed, for public comment, on 11/4/03. o Temecula Education Complex - The applicant has completed the focused EIR, and the Notice of Completion was sent out on November 7, 2003. An EIR scoping session is scheduled for the first week of December. 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 Circle. 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 and appropriate NEPA documents. This project is tentatively scheduled for City Council in early December 2003.. o Ynez Road Bridge Widening Project- Staff has reviewed and provided comments on the Addendum for the Harveston S.P. EIR. The Addendum will allow for two additional lanes to be added to the existing Ynez Road Bridge. o French Valley Interchange Property Acquisition Project- Staff is assisting the Public Works Department by preparing the necessary CEQA and NEPA documentation to proceed with property acquisition. Update of the Citywide Design Guidelines -.The Planning Commission provided input at the September 3, 2003 workshop. The industrial section of the Design Guidelines was submitted and reviewed by staff. We had many comments on the first draft and we will meet with the consultant to discuss the issues. 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 R:\MONTHLY.RPT'~.O03\10-2003 Repod,doc 11 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 Commission. Staff is currently developing a Planned Development Overlay to address future development in this area. PA03-0178 TERC 52, LLC - A General Plan Amendment application (and Zone Change PA03- 0177) to change the land use designation on 52.83 acres from Business Park to High Density Residential at the northwest corner of the Rancho California Business Park. Staff is awaiting the submittal of additional information and has advised the applicant that the proposal may not go to hearing until the Comprehensive General Plan Update is complete. R:~IONTHLY.RPT~.003\10-2003 ReporLdoc APPROVAL ~ CITY ATTORNEY . DIRECTOR OF FIN..~I~E ~:)~',,L-.-- CITY MANAG ER,~.-,/~/ J- ' TO: FROM: DATE: SUBJECT: ClTY OFTEMECULA AGENDA REPORT City Manager/City Council Jim Domenoe, Chief of Police~,";~' November 25, 2003 Monthly Departmental Report The following report reflects special teams, traffic enforcement and miscellaneous activity occurring during October 2003. The Police Department responded to 46 "priority one" calls for service during the month of October, with an average response time of approximately 5.5 minutes. A total of 5,124 calls for police service were generated in the City of Temecula during the month. During October, the Temecula Police Department's Town Center Storefront served a total of 141 customers. Thirty-seven sets of fingerprints were taken, 34 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 ride-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 October, 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 conducted follow-up investigations regarding recent mailbox bombings occurring in the City. POP Teams made nine felony and 16 misdemeanor arrests for various crimes. They also issued eight 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 October, the Old Town Storefront served 298 customers. Seventy-eight sets of fingerprints were taken, 32 reports were written, and 42 citations were signed off. The traffic team reported that during the month of October there were 1782 citations issued for hazardous violations, 113 citations were issued for non-hazardous violations and 145 parking citations were issued. During the month there were nine injury traffic collisions, 73 non-injury collisions were reported and 19 drivers were arrested for DUI. In other citation summary information, the Neighborhood Enforcement Team (NET) program resulted in 270 citations being Monthly Oepartmental Report- Police Department 1 issued. This program addresses traffic concerns in residential neighborhoods with a dedicated motor officer. The SLAP program (Stop Light Abuse Program) resulted in 582 citations being issued during October. During the month of October, the POP officers assigned to the Promenade Mail handled a total of 122 calls for service. The majority of these calls were for shoplifting investigations. During the month, calls and on-sight activity resulted in the criminal arrest and filings on five felony and 12 misdemeanor cases. Officers McEIvain and Rahn continued to provide training to security staff during the month. The mall officers continued to work to prevent vehicle theft and vehicle burglaries. There was only one vehicle burglary and no vehicle thefts reported during the month of October at the mall. Our five school resource officers have remained active during October with the beginning of another school year. The school resource officers conducted many counseling sessions with students. A total of 48 investigations/reports were conducted/written by the school resource officers during October. The school resource officers made an arrest for an illegal weapon on campus, a felony, and another misdemeanor arrest for battery. 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 120th 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 October. During the month of October, the Special Enforcement Team (SET Team), consisting of Officers Jon Wade and Gary Lee, made three felony arrests and other misdemeanor arrests, primarily for narcotics violations. The SET Team served a seamh warrant at the Solana Ridge Apartments on October 9th, which resulted in the recovery of quantities of methamphetamine. 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 292 hours of service in October. 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 147 hours of service to the community during the month of October. 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 138 hours specifically on patrol in Temecula during October. Monthly Departmental Report - Police Department 2 The Temecula Citizen Corps Program continued to take shape and develop during the month of October. The executive body, or the TCC Council, continued to hold their bi-weekly meetings at 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. Members of the TCC held a number of presentations during October, including presentations to the Murrieta-Temecula Group, the Rotary Club and the Rancho Highlands HOA. Recruitment continues and the organization's policies are being formalized and documented. Monthly Departmentai Report - Police Department 3 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT APPROVA~ CITY ATTOKNEY DIRECTOR OF FINAJ~.F~ CITY MANAGER City Manager/City Council Jim O'Grady, Assistant City Manag~/-~.~ November 25, 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 October, 2003. ECONOMIC DEVELOPMENT Leads & Inquiries In the month of October, the City received 3 leads. On October 10th, staff met with an Orange County retail services company to discuss retail opportunities in Temecula. On October 13th, Dick Kennedy and staff met with the owner of a high-end auto dealership to discuss opportunities at the Temecula Auto Mall. Staff provided business, demographic, and property information to the owner. On October 16th, staff met with a commercial broker and investor regarding a major retaillentertainmentJhotel development they are proposing. Other retail opportunities in the Temecula area were also discussed. In the month of October, the Southwest Riverside County Alliance responded to 12 leads. Nine 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. Two site tours were conducted in October. A large manufacturer is looking for 10 acres to build a 100,000 to 120,000 sq. ft. facility. This employer will create 200 - 300 jobs. The second, another large manufacturer, is interested in a site in Lake Elsinore. The Alliance activities report is attached. Events The City of Temecula exhibited at the Temecula Valley Chamber of Commerce Business Showcase, which was held at the Promenade Mall on October 15th. Staffing from the following City Departments were on hand to provide information and answer questions: City Manager/Economic Development, Planning, Fire, GIS, and the Community Action Patrol. CITYMGR\WO LNICKG\October'03 DEPT.REPT.DOC ] On behalf of the City of Temecula, Mayor Stone attended the Inland Empire Race for the Cure Sponsor Dinner & Award Reception on October 16th at Monteleone Meadows. The City is a sponsor of this event, which was held on October 19th at The Promenade Mall. The Fire Department reported that this was one of the best-run events that are held within the City. Staff attended the Chase Mortgage Ribbon Cutting on October 20th. Their business is located at 41593 Winchester Road. Media/Outreach Materials Staff wrote the City article for the October Chamber of Commerce Newsletter titled, "Service Animals in Your Place of Business." The article highlights the Americans with Disabilities Act's (ADA) guidelines relating to service animals and businesses. Under ADA, privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, are prohibited from discriminating against individuals with disabilities. The ADA requires these businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed. The City of Temecula encourages all businesses in the community to be aware of service animals for the disabled and to comply with the standards set forth in the Americans with Disabilities Act. In the month of October, staff assisted a graphic designer and photographer and finalized the new Temecula marketing brochure. The brochure comp was reviewed and is scheduled to go to print the week of November 3rd. Staff is working with a graphic designer on the Facts-at-a-Glance marketing insert. This marketing piece provides a quick overview of the City and its economy. Facts-at-a-Glance will be included in the City's business kit, and distributed through the EDC, Alliance, and Chamber. Meetin,qs Staff attended the EDC of Southwest Riverside County Business Relations Committee Meeting on October 2nd. Jim O'Grady reported on his site visit with James Buxton of Milgard Windows on September 25th. The EDC wrote a letter of support for the State Route 91 and concept of the TriTunnel Express. The EDC is in the process of adding a link to its website so that the updated EDC survey can be accessed and printed by website visitors. Staff met with Scoff Crane, CEO/Managing Director of Southwest Healthcare System, on October 2"d to discuss the planned hospital project for Temecula. Staff attended the Partners in Education Committee (TPE) meeting on October 6th. TPE will serve as the approval committee for the Carl Perkins' funding requests from the school sites. The TPE subcommittee will meet in November to review the applications and make a recommendation to the full committee in December. Speakers from the TPE Speaker's Bureau will speak on a different career pathway each month. TPE plans to head up a full career day at the high schools where business personnel come into the classroom to talk about their industry and positions. Two TPE members will serve on the Secondary Curriculum Council to give input on vocational education curriculum. TPE will design a high school internship program from a business point of view. Staff attended the EDC of Southwest Riverside County Board of Directors Meeting on October 16~h. Items discussed included the EDC support letter for the Tri-Tunnel Express system and Odyssey Media Group Proposal. EDC committee updates were given as well as city reports. Staff reported on various upcoming meetings including the Candidates Forum on C ITYMGR\WOLNICKG\October'03DEPT. REPT.DOC 2 October 16th and 21St, Redhawk Annexation Community meetings on October 16th and 18th, and the LAFCO meeting on November 20th. Staff also reported on new developments in Old Town including the expansion of the Chaparral Building, Penfold Building and the new Baily's Restaurant. Staff thanked the EDC for their letter of support for the Higher Education Center and reported that AG Kading, the developer, had entered into an agreement to receive excess dirt from the Rancho California Water District. Staff attended the EDC of Southwest Riverside County Quarterly Luncheon on October 23ra at Embassy Suites. Keynote speaker Bill Vardoulis, Chairman of the TriTunnel Express and President/CEO of BV Engineering, provided an excellent presentation on the "TriTunnel Express" - The Proposed Transportation Corridor to Orange County. The TriTunnel Express is a proposed 10 - 12 mile tunnel 'system' consisting of three 45-foot diameter tunnels under the Santa Ana Mountains. The concept includes water, fiber optic and other utility links in addition to vehicles. In October, staff met with Roger Ziemer, Public Affairs Manager for The Gas Company. Mr. Ziemer provided information on The Diverse Markets Outreach Program (DMOP), which is offered in the Southern California Gas Company territory. The program targets hard-to-reach residential and commercial customers and informs them of steps they can take to help better manage their energy costs, helping them to same time and money. DMOP is interested in co- sponsoring energy efficiency seminars with the City of Temecula. Staff provided Mr. Ziemer with many contact names to follow-up with and various ways the City could assist in promoting this program (i.e. website, Apartment Manager Meetings, Home Owner's Associations, City and Chamber newsletters, etc.) On October l0th, staff met with Rob Gunness to discuss a planned bowling facility in Temecula. Staff attended the Southwest Riverside County Manufacturers' Council Facilities Tour on October 9th. Polycraft and AARD were the businesses that were included on the tour. On October 13th, staff met with Diane Wirth, Executive Director of IETechSource, on several items. On October 9th, IETechSource became the acting director of the TriTech Small Business Development Center in Irvine. IETech Source will continue its operation but will also take on the TriTech SBDC operations for a period of time. IETechSourch connects technology startups with federal and state grants and private investors and help technology companies find qualified workers. Staff attended a tour of the TurnKey Schools of America Perris facility on October 15th. TumKey's efficient design and construction systems have saved school districts millions of dollars. TurnKey's component-built school facilities are ready in half the time of conventional construction. Staff met with Bill Johnson on October 27th regarding the proposed auto mall expansion. On October 29th, staff attended the Economic Alliance Partner's Meeting. The new logo design was discussed and the top two designs will be presented to the EDC Business Attraction Committee for their recommendation and Partners will make the final approval. The launch of the Alliance Branding Campaign is scheduled for the EDC Quarterly Luncheon Meeting on January 29th. Prior to the luncheon, several informal meetings will be held with key business leaders, Winegrowers Board, etc. to get their buy-in on the campaign. The Alliance Spring Event is scheduled for April 30 - May 2, 2004. Items also discussed included the CITYMGR\WO LN ICKG\October'03 DEPT.REPT.DOC 3 Alliance participation at the Wine Country Jet Preview at French Valley Airport on 22, 2004 and the Business Odyssey Video project. TOURISM Group Tours/Familiarization Tours Staff provided information packets, itineraries, and maps to several different organizations that may consider Temecula to host a Familiarization Tour during a travel show in Los Angeles and a side trip to Temecula during a recognized professional organization's conference in San Diego. Media/Outreach Materials 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. The Guide was produced in October and a copy of the ad is attached. Staff worked with a graphic designer on making revisions to the following City ads: Anaheim/Orange County Visitors Guide and the Ontario Visitors Guide. Staff is working with a graphic designer on the new banner design representing both Old Town Temecula Car Shows. The banners will be displayed on Rancho California and Winchester Roads. Staff prepared a filming schedule and script for Old Town for Black Diamond Productions to use in the California Golf episode featuring Temecula. The filming date was scheduled for October 30th but due to the fires occurring during this time the filming was postponed until December. Meetinqs Staff attended the Chamber Tourism Committee Meeting on October 2nd at Churon Winery. The Chamber attends the monthly San Diego Visitor Center Network Group meetings, which focuses on creating relationships within San Diego County, Temecula and Tijuana Chambers, CVBs and Visitor Centers. The Chamber will host the April 2004 meeting. Temecula has a free listing on the CA Welcome Center Website in Oceanside. The Temecula CVB will host the April 2004 meeting. Three names were chosen for the Temecula CVB website: TemeculaCVB, VisitTemecula, and TemeculaValleyCVB. The Tourism Research Subcommittee has been divided into tourism businesses groupings, which will collect data. Staff reported on the following: City exhibit at the Professional Women's Roundtable Conference at Pechaga, free full-page color City ad in the 2004 San Diego Travel Planners Guide (value over $6,300) provided by Weaver Publications, Chaparral High School "Paws for Temecula" new cable access program. The City 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 & School Board updates. The last show featured a few of the wineries and their events. Inland Empire Family Magazine will be publishing an article on Temecula, which will include Old Town Temecula as the Best Family Outing. Announcements: Central Coast Productions of Pismo Beach was awarded the contract to produce "The Good Old Days Car Show" which will be held in Old Town on February CITYMGR\WOLN lCKG\October'03 DEPT.REPT. DOC 4 28 - 29, 2004. The 2003 Great Temecula Tractor Race will be held on October 3 - 5 and the Temecula Fall Car Show & Cruise on October 11 - 12. Staff met with Central Coast Productions on October 14th to further discuss the Good Old Days Car Show scheduled for February 2004 in Old Town Temecula. Staff met with Display Tech Exhibits on October 29th to look at a few tabletop display exhibits. The tabletop display will serve as a display unit for the City, which will be utilized at trade, shows, business expos, and community functions where space is limited and a full display exhibit is prohibited. 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 Advertising CITYMGR\WOLNICKG\October'03DEPT.REPT.DOC 5 TEMECULA VALLEY CHAMBER OF COMMERCE November 10, 2003 Shawn Nelson, City Manager City of Temecula 43200 Business Park Drive Temecul~, CA 92590 Dear Shawn, Attached please find the October Monthly Activity Report as per our contract with the City of Temecula. This is the month of October at a glance: Business Inquiry Highlights: in the m'o~th of October, 5 businesses requested information on starting or relocating their business to Temecule. 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: 17 nominations for Board of Directors were received. Installation of officers will be held at the Annual Installation Dinner on Saturday, February 21,2004 at Pechanga Resort & Casino. Committee Highlights: Tourism & Visitors Council: The November 'Tourism & Visitor Council meeting will be held at Wilson Creek Winery. There will be a special PowerPoint presentation by Matt Norberg from San Diego's KGTV news channel, on "How to Better Market a Temecula Business to the San Diego Segment." Carrie Thomas, Director of Tourism is the TVCC/TVCVB (Temecula Valley Convention & Visitor Bureau) representative at the monthly San Diego Visitor Center Network Group meetings. The SDVSN focuses on creating relationships within San Diego County, Temecula and Tijuana with all Chambers, CVB, and Visitor Centers. The TVCVB is looking at hosting the meeting for April 2004. Temecula has been given the opportunity to be listed for free on the State of California Welcoming Center Website through the Oceanside Welcoming Center. We will have an introduction and informational paragraph on Temecula, photos of Temecula and links to the Chamber, City and Wine Growers Association web pages. Currently the website gets 4 million hits a month. The TVCVB committee agreed on three different domain names for the future TVCVB website. The following three names were chosen: TemeculaCVB, VisitTemecula,TemeculaValleyCVB. The Tourism Research Subcommittee and the committee divided Temecula's tourism businesses into groupings (i.e. golf, hotels/resorts, wineries, RV Resorts, Pechanga, Riverside County, and Hot Air Balloons). Each committee member was assigned a grouping to collect data from those entities. Business Resource Guide & Membership Directory: Updates for the 2004 guide are nearly completed and the new Directory will be available in January of 2004. 26790 Ynez Court · tTemecula, CA 92591 Phone: (909) 676-5090 · Fax: (909) 694-0201 www.temecula,org · e-math info@temecula.org 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. The Youth Job Fair Committee will begin meeting to coordinate the 4th Annual Youth Job Fair will be he!d on Saturday, May 15, 2004. Ways & Means Committee: The 12th Annual Autumn Fest Business Showcase was held on October 15~ at The Promenade In Temecula from 4:00-8:00pm. Over 90 exhibitors participated in the event. The event's Title Sponsor was Community Little Book. USA Federal Credit Union was the Affiliate Sponsor and The Promenade In Temecula the Facility Sponsor. The Installation Banquet & Award Ceremony will be held on Saturday, February 21, 2004 at Pechanga Resort & Casino. The Chamber has received 10 nominations for Citizen of the Year, 17 nominations for Sterling Business of the Year, 6 nominations for Gold Business of the Year, 8 nominations for Platinum Business of the Year and 9 nominations for Non-Profit Charitable Organization of the Year. Local Business Promotions Committee: The Business Resource DVD "Succeeding in Temecula" was previewed at the Business Showcase on October 15th and received an outstanding response. The master has now been sent for duplication, 1,000 will be made. The DVD's will be available for distribution by November 18, 2003. The Shop Temecula First Campaign is underway with 87 participants. The week one winner was Patrice Lynes from Temecula who visited Mexicana Restaurant. She received over $425 in prizes and gift certificates. The Businesses of the Month for November selected by the Membership Committee are California Grill and Home Depot. Red Brick Pizza was awarded the Chamber Spotlight and Detailed Hardwood Floors is the Mystery Shopper winner for the month of November. Government Action Committee: The TVCC staff did organize a City Council Candidates Forum, which took place on 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). A resolution opposing AB1221 has been sent. Legislative representatives from each city will now attend the Government Action Committee to better inform ' the committee of what legislation in forthcoming and needs support from the Chambers. Membership Committee: Over 90 members attended the October new member reception. The Ambassador Networking Breakfast will resume on January 28, 2004. The Roundtable Discussion will resume on February 6, 2004. Ambassadors and staff attended 16 ribbon cuttings this month. 46 new businesses joined the chamber in the month of October. The membership committee and ambassadors are busy planning the" Membership Appreciation Night". It will be held at Wilson Creek Winery on the 10th of December 2003 from 5:00pm to 9:00pm. · Tourism Highlights (Bulk brochure distributors) Activity Report: · 624 Visitor Guide requests were processed from the City of Temecula's Westway's advertising marketing piece. · 30 Visitor Guides were distributed to Tucalota Springs RV Resort for Gift Bags for an RV Group. 210 Visitor Guides, 350 Winery Brochures and 100 Relocation Books to Deborah Thorsen with Coldwell Banker to distribute to families moving to Temecula. · 40 Visitor Guides, 40 Winery Brochures and 40 Tourism MaPs to Art Johnson with Safari of Southern California RV Club for an RV Rally at Pechanga. Activity Report: · Tourism calls for the month of October- 1,862 · Phone calls for the month of October - 3,311 · Walk-ins for the month of October- 2,018 Web Page User Sessions for the month of October- 6,849 Website Tourism Survey - "How did you hear about Temecula" - 266 responses were received: · Article-2% · Friend - 35% Link - 8% · Magazine - 3% · Other - 37% · Radio- 1% · Search-9% · 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 or email asullivan@temecula.org. Thank you. Sincerel. y, / President/CEO cc: Mayor Jeff Stone Councilman Jeff Comemhem Councilman Sam Pratt Jim O'Grady, Assistant City Manager Gloria WoInick, Marketing Coordinator Mayor Pro Tem Mike Naggar Councilman Ron Roberts Shawn Nelson, City Manager Gary Thornhill, Deputy City Manager TVCC Board of Directors Temecula Valley Chamber of Commerce Monthly Activity Report October 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 278 158 171 1,255 1,862 193 162 976 118 3,311 190 137 71 765 168 144 45O 93 2,018 8OO 61 63 924 111 96 393 600 6,234 111 71 182 This Month 3,311 2,018 924 600 6,849 2,611 1,389 1,627 12,363 17,990 1,807 1,254 8,732 2,351 32,134 3,311 1,316 810 9,572 1,654 1,160 4,773 2,192 24,788 4,459 944 849 6,252 1,036 964 2,936 4,936 40,658 Year-To-Date 32,134 24,788 6,252 4,936 40,658 Annual Volume Comparisons Chamber October 2002 Chamber October 2003 Percentage PHONE CALLS TOURISM Tourism Referrals 230 278 21% Calendar of Events 144 158 10% Special Events 236 171 -28% General Information 1,290 1,255 -3% TOTAL TOURISM CALLS 1,900 1,862 -2% Relocation 171 193 13% Demographics 93 162 74% Chamber 1,133 976 -14% Miscellaneous 297 118 -60% TOTAL PHONE CALLS 3,594 3,311 -8% WALK-INS Tourism 199 190 -5% Calendar of Events 150 137 -9% Special Events 81 71 -12% General In[ormation 991 765 -23% Relocation 191 168 -12% Demographics 116 144 24% Chamber 692 450 -35% Miscellaneous 302 93 -69% Visitor Center Walk-lns 345 182 -47% TOTAL WALK-INS 3,067 2,200 -28% MAILINGS Tourism 92 800 770% Relocation 71 61 -14% Demographics 73 63 -14% TOTAL MAILINGS 236 924 292% E-MAIL Tourism 67 111 66% Relocation 56 96 71% Miscellaneous 155 393 154% TOTAL E-MAIL 278 600 116% WEBSITE USER SESSIONS 4,109 6,849 67% * Chamber referrals reflect faxes, walk-ins and phone calls November 7, 2003 Jim O'Grady City of Temecula PO Box 9033 Temecula, CA 92589-9033 RE: Activity Summary October 2003 Business and Workforce Development Staff responded to the following 6 business and workforce development requests in October 2003: Date Lead Source Request Action Taken 10/09/03 Email Client seeking information on Referred client to City of Beaumont and City of Corona development projects in websites. Beaumont and Corona 10/10/03 Entail Client seeking contact for SCORE Provided client with Business Resource Guide and and consultant for manufacturing several contact names in manufacturing. business. 10/16/03 Phone Client requested info on business Referred client to Marlene Best, City of Lake Elsinore, relocation incentives from City of and to Stevie Field, Economic Alliance. Business owner Lake Elsinore. has committed to relocate company to Lake Elsinore. Company will employ up to 150 employees. EDC and Alliance will continue to assist with relocation/ workforce needs. 10/17/03 Phone Client from City of Corona Provided copy of survey to client. requested business retention survey form. 10/20/03 In-Person Client requested contact Met with client and Stevie Field to discuss business information for venture capital, expansion and growth oppoxtunities. Provided client with contact information for possible venture capital. Will assist client with workforce at later date. 10/29/03 Email Client requested contacts for SBA Client referred by Jim O'Grady, City of Temecula. lending. Emailed client list of EDC-member SBA lenders. Community Outreach Staff and/or directors attended the following meetings/events to promote or support economic development/community outreach: · Erie Stanley Gardner Middle School Dedication (10/1) · United Way 2003 Southwest County Campaign Kickoff (10/1) · Murrieta Temecula Group Meeting (10/3) · TVCC Networking Lunch - Staff was panel speaker (10/3) · United Way 2003 Campaign Cabinet Meeting (10/6) · TVCC Partnership in Education Committee Meeting (10/6) · Lake Elsinore Mayor's State of the City Breakfast (10/22) Jim O'Grady City of Temecula Activity Summary - October 2003 Page 2 of 2 Community, Outreach (cont'd) · EDC Quarterly Luncheon - TriTunnel Express (10/23) · Workforce Development Center All-Staff Meeting (10/28) - Monthly WDC partner meeting. · United Way 2003 Beaumont/Pass Area Campaign Kickoff (10/29) · Murrieta Brokers' Quarterly Meeting (10/30) · Greater Riverside Chambers of Commerce - Legislative Summit (10/31) Business Retention Business Relations Committee Meeting (10/2) - See attached meeting minutes for discussion topics. Administration/Organization · EDC Transportation and Infrastructure Committee Meeting (10/9) - See attached meeting minutes for discussion topics. · EDC Education Committee Meeting (10/10) - See attached meeting minutes for discussion topics. · EDC Government Action Committee Meeting (10/21) - Cancelled · EDC Board of Directors Meeting (10/16) - See attached meeting minutes for discussion topics. · Administration - Staff managed the daily operations of the EDC office; coordinated 3 monthly EDC committee meetings; managed EDC website updates; coordinated the October 22 EDC Quarterly Luncheon; mailed membership renewal letters and new membership solicitation letters; and distributed the following business development /community announcements: } 5th Annual Bourns College of Engineering - Industry Day & Research Review ~' City of Lake Elsinore - Mayor's State of the City Breakfast } EDC Quarterly Luncheon ~ Juan Big Downtown Improvement Project } French Valley Elementary School Dedication ~' 2003 Small Business Economic Summit for Southern California ~ Temecula Planning Commission Meeting & Agenda (faxed to developer contacts) This concludes the activity summary for October 2003. Should you have questions or need further detail, please call me at 600-6064. Respectfully, Diane Sessions Executive Director ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY BUSINESS RELATIONS COMMITTEE MEETING Thursday, October 2, 2003 - 8:00 a.m. Workforce Development Center, Executive Board Room 27447 Enterprise Circle West, Temecula, CA Committee Members Present: Jim Cauhape, EDC Volunteer Stan Hatter, Mirau, Edwards, Cannon, Hatter & Lewin Lane McGhee, Arrow Staff Resources, Inc. Jim O' Grady, City of Temecula Greg Prudhomme, Kuebler, Pmdhomme & Company Diane Sessions, Economic Development Corporation Harry Shank, Southwest Community Bank Guests: Call To Order · Chair Stan Harter called the meeting to order at 8:05 a.m. Follow-up Action Reports · There were no outstanding Action Reports. Company Contact Reports · Best Value Inn - Harry Shank reported that he met with Suresh Patel, owner of Best Value Inn in Temecula. Mr. Patel relocated from Ventura to open the Best Value Inn six months ago because of the region's growth. His primary customers were tourists, contractors and salesmen. Mr. Patel's primary competitor was Motel 6, located next door, because of its competitive rates. He ranked his business as small with only 24 rooms. Principal providers of hotel and motel supplies were located in San Diego and Riverside. Mr. Patel reported that all employees lived in Temecula. He had no plans for expansion in the foreseeable future. Mr. Patel indicated he was pleased with his dealings with the City of Temecula and had no other problems other than the competition. Action Item: Suresh Patel requested additional information about the EDC. Milgard Windows - Jim O'Grady reported that he and Stevie Field met with James Buxton, Plant Manager at Milgard Windows in Temecula. Milgard manufactures windows and doors. Mr. Buxton reported the company had been in business since 1963 and located to Temecula in 1985. He indicated they opened the plant in Temecula because of the proximity to San Diego and 1-15, but were concerned about the cost of housing for low-income workers. Primary competitors were Anderson Windows and PELA Windows. Mr. Buxton ranked their business as large and reported that sales in the past year were up due to their focus on customer service. Primary suppliers were located in Washington and Ontario. They had 425 employees locally and a total of 4,400 employees at all locations. Mr. Buxton indicated that 90% of their local employees lived in thc Moreno Valley/Perris area and the other 10% lived in Temecula, Murdeta and Lake Elsinore. They had no plans to expand their plant in the foreseeable future. Mr. Buxton reported unfavorably on issues with the City of Temecula Planning Dept. regarding their expansion, bond and landscape requirements, ground material used in their parking lot, and unsightly conditions of the undeveloped property owned by the City located adjacent to Milgard. He indicated he was not happy with the lack of assistance by the EDC from previous years. Mr. O'Grady provided information on ETP funding and training information from Mt. San Jacinto College. Business Relations Committee Meeting Minutes - October 2, 2003 Page 2 of 2 Annual Goal Report · Diane Sessions announced that visits and phone interviews in the fourth month of the fiscal year were as follows: Annual Goal: 60 surveys completed. YTD VISIT PHONE SURVEYS Actual 4 0 4 New Committee Assignments · New company contact lists that included the number of employees would be sent to members shortly. Members were asked to review these lists and select businesses to call on during the year. Diane Sessions would place the new survey on the EDC website for committee members or anyone who wished to participate. Business Resources Checklist · Committee members received a brochure resource checklist for their business retention notebooks and a "Who to Call for Help" contact list. Members suggested that local utilities be added to the "Who to Call for Help" list. Open Discussion · Legislative Summit - Members discussed the recent Legislative Summit and provided feedback on the positives and challenges of the event. · EDC Board Update - Diane Sessions announced the speaker for thc next EDC Quarterly Lunch on October 23 was Bill Vardoulis, engineer and prime mover of thc TriTunnel Express. · Announcements - Jim O'Grady reported that televised forums for Temecula City Council candidates were scheduled for October 16 and 21. Lane McGhce reported the next Murrieta Chamber of Commerce mixer was scheduled for tonight. Adiournment The meeting adjourned at 9:10 a.m. ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY EDUCATION COMMITTEE MEETING Friday, October 10, 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 Danielle Clark, Tcmccula Valley Unified School District Maryann Edwards, Temecula Valley Unified School District Dennis Frank, UC Riverside Extension Sheldon Lisker, UCR-retircd Diane Sessions, Economic Development Corporation Guests: Call To Order Committee Chair Maryann Edwards called the meeting to order at 10:10 a.m. AI)l)rove August 8. 2003 Meeting Minutes Motion made by Frank Casciari, seconded by Dennis Frank and carded unanimously to approve the September 12, 2003 meeting minutes as presented. Discussion on Joint Use Agreements Maryann Edwards provided a handout on the benefits of joint use agreements between cities, colleges and school districts. Benefits included: · Cost effectiveness · Efficient use of space · Provides facilities and services not otherwise available · Provides opportunities for agencies to work together Examples: · Sports facilities - fields, swimming pool · Buildings - classrooms, library · Transportation - buses / vehicles, transportation vouchers · Shared infrastructure near schools · Provides opportunities otherwise lost · Demonstrates leveraging dollars for grants Dennis Frank suggested that a joint-use, multi-district occupational facility for both job training and for public/private partnerships was needed for the region. It was agreed the proposed higher-education facility could be ideal for such joint use projects. Mr. Frank further suggested the need to include other Riverside County school districts in regional education projects. He recommended that Romoland School District Superintendent Roland Skumawitz be contacted for a parmership with the EDC Education Committee. Update on MVUSD Career Development Advisorv Board Diane Sessions reported that she and Danielle Clark attended the first meeting of the Murrieta Valley Unified School District's Career Development Advisory Board (CDAB). Representatives from the Riverside County EDA, Employment Development Department, several MVHS teachers and Principal Renata Johnson attended the meeting. Discussion was held on the academic philosophy of Murdeta Valley High School and to what degree of administrative support CDAB would receive on vocation development versus current curriculum that exclusively supported higher education. EDC Education Committee Meeting Minutes - October 10, 2003 Page 2 of 2 The Committee discussed some positive methods to involve Murdeta Valley Unified School District with the EDC Education Committee. Maryann Edwards recommended the Committee meet with some district board members after the upcoming elections. Discussion was held on whether there were any regional career counseling agencies that were independent fi:om school districts. Sheldon Lisker recommended the Committee identify: 1) a point person who knows all the vocation education options within the region and; 2) what types of vocation and adaptability testing exist. The Committee discussed ASVAB aptitude testing used by the military and agreed to research how it could be used for vocation education/employment. Mr. Lisker suggested using a non-military aptitude test to supplement the ASVAB which could be found on the Interact. Post Update on TVCC Legislative Summit The Committee discussed Assemblyman John Benoit's update on budget impacts that would effect education. Update on California Quality Education Model Commission Criteria Maryann Edward's reported there was no new update. There could be news after the Governor Recall election. Review Previous Action Items 1. Ron Krimper to provide list of existing education/business groups affiliated with MSJC. 2. Sonja Wilson to provide list of existing education/business groups affiliated with LEUSD 3. Diane Sessi~ns t~ pr~vide list ~f existing educati~n/business gr~ups affiliated with MVUSD. 4. Diane Sessions to provide list of existing education/business groups affiliated with TVUSD llalcon for CSUSM). 6. Diane Sessions to contact Linda Wunderlich, Valley Business dournal and local newspapers for press release to advise of Barbara Tooker's appointment to the State Board of Education. ., r,~__: ................. , ..... cf ! !5 ! ! d f~ Sc :h :Ri idc Cc ~ .... " '~'~ CQEM 8. 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. 9.Diane Sessions to revise PIE business survey for EDC Education Committee to review. New Action Items (October 2003) 1. Diane Sessions to contact local military recruiters for their interest in partnering with school districts for ASVAB testing. 2. Diane Sessions to pool information on aptitude testing and independent career counseling resources (regional). 3. Diane Sessions to ask Bill Baker. EDD Veteran's Work:force Rep., on vocational education resources. 4. Dennis Frank t~ c~ntact R~land Skumawitz f~r his participati~n in the EDC Educati~n C~mmittee. Ad,iourn The meeting adjourned at 11:25 a.m. ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY TRANSPORTATION & INFRASTRUCTURE COMMITTEE MEETING Thursday, October 9, 2003 - 8:00 a.m. French Valley Airport Main Terminal, Conference Room 37552 Winchester Road, Murrieta, CA 92563 Committee Members Present: Ken Carlisle, Guidant Corporation Chris Masino, CDM Group, Inc. Stevie Field, SWRC Economic Alliance O.B. Johnson, WestMar Commercial Real Estate David Phares, D.L. Phares & Associates Diane Sessions, Economic Development Corporation Sonja Wilson, Lake Elsinore Unified School District Roger Ziemer, The Gas Company Guests: Rob Field, Riverside County EDA Aviation Division Call To Order Committee Chair David Phares called the meeting to order at 8:20 a.m. and thanked all for attending. Review Meeting Minutes Motion was made by Sonja Wilson, seconded by Stevie Field and carried unanimously approve the September 11, 2003 meeting minutes as presented. French Valley Airport Presentation Rob Field, Riverside County EDA - Aviation Division, provided an aerial-view photo of French Valley Airport and reported on the following items: Future Runway Extension · Is not an "expansion", but a safety extension of the existing nmway · $3.5 million project with approved partial funding from the FAA · Construction to begin in Spring 2004 Airport Features · Estimated 100,000 flight operations per year · Current operating budget is $1.4 million · Airport does not have a tower yet but needs one based on number of operations · Largest planes that can use the airport are private jets such as Gulf Stream or Falcon 20 · No commercial commuter planes can use the airport; airport not large enough · Corporate charters can use the airport Land Use at Airport · 40 acres at north end is vacant and developable · County cannot sell real property but can lease property up to 30 years with 1 O-year option · County may develop light industrial space and office space to compliment the neighboring Southwest County Justice Center · 215 hangars are available, with future development capped at less than 300 · Current hangar tenants at 190; Ovation Jets is most recent hangar tenant EDC Transportation and Infrastructure Committee Meeting Minutes - October 9, 2003 Page 2 of 3 Airport Project Priorities 1) Complete runway safety extension project 2) Update French Valley Airport Master Plan 3) Develop vacant property 4) Create greater awareness and promote French Valley Airport within the surrounding commtmities Mr. Field announced the upcoming Community Day event at French Valley Airport on November 22, which includes a safety expo. I-15 Interregional Partnership Update Discussion tabled until the November 13 committee meeting. Committee Reports Discussion tabled until the November 13 committee meeting. Legislative Summit Review Discussion tabled until the November 13 committee meeting. Review Previous Action Items Discussion tabled until the November 13 committee meeting. Previous Action Items 1. Bob Larson - Follow up on activities of Distribution Management Association of Southern California - Inland Empire. (carried from May 2003 meeting.) 3. Diane Sessions - Create a roster of various Internet sites relevant to the Committee ~ focus. (carried porn May 2003 meetin~ 7. Diane Sessions - Contact Phil Rizzo and request a presentation for a future EDC T~ Committee meeting &arriedpom Au~st 2000 10 Dia;:c Sczzic;:z Email draj ....... ~ .........~"~ .............. .... [~'-~:-r ~, 11. Stevie Field- Provide b15 I~ Update at October meeting (carried~om September 2003) EDC Transportation and lnfi'astmcture Committee Meeting Minutes - October 9, 2003 Page 3 of 3 13. Diane Sessions - Contact Supervisor Venable's office to inquire about participation on new traffic task force (carried from September 2003) 15. Stevie Field - Follow up on Foreign-Trade Zone status at March Air Cargo Facility (carried from September 2003) 16. Diane Sessions - Follow-up with Sonja Wilson on scheduled RTA NOW meetings (carried from September 2003) 17. Diane Sessions - Invite Larry Rubio to attend a committee meeting and provide an RTA update (carried from September 2003) New Action Items (October 2003): 1. Diane Sessions - Email notice of French Valley Community Day to EDC members. Next Meeting Date Thursday, November 13, 2003 at 8:00 a.m. in the Workforce Development Center, 27447 Enterprise Circle West, Temecula. Adiourn The meeting adjourned at 9:15 a.m. DRAFT ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY BOARD OF DIRECTORS GENERAL MEETING MINUTES Thursday, October 16, 2003 - 8:00 a.m. 27447 Enterprise Circle West, Temecula, CA DRAFT BOARD MEMBERS Frank Casciari, California Bank & Trust Scott Crane, Southwest Healthcare System Mike Doblado, The Promenade In Temecula Maryann Edwards, Temecula Valley Unified School Dist. Dennis Frank, UC Riverside Extension Kimberly Frieze-Uhler, Rancho Physical Therapy Stan Harter, Miran, Edwards, Cannon, Harter & Lewin Scott Hurst, ProjectDesign Consultants Keith Johnson, Mission Oaks National Bank Jim O'Grady, City of Temecula David Phares, D. L. Phares & Associates Han'y Shank, Southwest Community Bank Joan Sparkman, Temecula Valley Bank EDC STAFF Diane Sessions Liz Yuzer MEMBERS AND GUESTS Chris Masino, CDM Group, Inc. A1 Vollbrecht, City of Murrieta CALL TO ORDER · Board President Dennis Frank called the meeting to order at 8:10 a.m. Motion was made by Joan Sparkman, seconded by Maryann Edwards and carried unanimously to approve the agenda as presented. MINUTES · The Board reviewed the minutes o£the September 18, 2003 Board of Directors Meeting. Motion was made by Scott Crane, seconded by Scott Hurst and carded unanimously to approve the minutes of the September 18, 2003 Board of Directors Meeting as presented. FINANCIAL REPORT · September 30, 2003 Financial Report: The Board reviewed the September 30, 2003 Financial Report that showed total monthly revenues of $1,061, total expenses of $10,258 and total cash-in-bank of $60,980. Motion was made by Joan Sparkman, seconded by Keith Johnson and carried unanimously to approve the September 30, 2003 Financial Report as presented. NEW BUSINESS · Tri-Tunnel Express Support Letter - Dennis Frank reported the EDC sent a letter of support for the concept of the proposed TriTurmel Express to Eric Haley, Executive Director, Riverside County Transportation Commission, with copies sent to numerous legislators throughout Southern California. The support letter was previously authorized by the Board in June 2003. Discussion was held on the proposed transportation project and the Board acknowledged that it was not readily accepted by all municipalities in the region. The Board further agreed they may occasionally take positions considered best for economic development in the region which may not be generally agreed upon by every member in the community. Economic Development Corporation of Southwest Riverside County Board of Directors Meeting ~Dctober 16, 2003 Minutes - Page 2 of 3 Odyssey Media Group Proposal - Diane Sessions presented a proposal from Odyssey Media Group to produce a 5- to 8-minute documentary on Southwest Riverside County scheduled to play on HGTV in February 2004. This project could be in partnership with the Economic Alliance. The project cost of $19,500 could be subsidizes with corporate sponsorships. The Board recommended that the EDC Business Attraction Advisory Committee and staff research a number of issues regarding the proposal for further consideration o f the project. CONTINUING BUSINESS · October Quarterly Lunch Update - Diane Sessions reported the next quarterly luncheon would be held October 23 with a presentation on the TriTunnel Express, the proposed runnel to Orange County. The speaker for the luncheon would be Bill Vardoulis of BV Engineering. · EDC Committee Updates: Business Relations Committee: Stan Hatter reported the survey used in business retention calls was revised. Committee members were encouraged to select businesses that they already had relationships with for future visitations. Business Attraction Advisory Committee: Jim O'Grady reported the Committee was working on the branding campaign and a new logo that would be trademarked. They also hoped to forge an alliance with Southwest Airlines. Education ~4ction Committee: Maryarm Edwards reported the Committee would investigate the use of the ASVAB testing for high school students. She explained the ASVAB test was used by the military for aptitude and vocational purposes and was valuable in civilian careers as well. They also recommended that letters be sent to the Murrieta Valley Unified School District Board of Trustees to invite their participation in the Education Action Committee. Government Action Committee: Dennis Frank reported the need to outreach to and interact with other government action groups in the region and that the Committee would propose a "mixer". Transportation & Infrastructure Action Committee: David Phares reported the Committee held its last meeting at the French Valley Airport and received an update on the master plan by Rob Field, Riverside County EDA - Aviation Division Supervisor. He further noted the main runway would be extended for safety purposes, but the improvements were not considered an expansion of the airport. He reported French Valley Airport had 100,000 take-offs and landings per year; had a capacity of 300 hangers and were presently using 190; and an adjacent 40 acres owned by the County could be developed for light industrial uses in the future. Mr. Phares recommended the EDC support efforts at French Valley and invited the Board to participate in community airfield events that would increase community awareness of the airport. Jim O'Grady reported that the Harveston developer was required to provide a shuttle to the airport as part of their agreement with the County. He also noted that Riverside Transportation Agency had trollies available but a CNG fueling station was not available in this area. This would be an agenda item for the next Transportation & Int~astructure Committee meeting. It was also announced that CETAP approved the RCIP plan on October 7 which included widening 1-15 and 1-215. · Utilities Updates: There were no Utilities Updates. OPEN DISCUSSION · EDC Administrative Update: The Board reviewed the September 2003 Activity Summary submitted by Diane Sessions. Economic Development Corporation of Southwest Riverside County Board of Directors Meeting - October 16, 2003 Minutes - Page 3 of 3 · City Updates: City of Lake Elsinore -No report available. City ofMurrieta - A1 Vollbrecht reported the new high school opened at 1-215 and Clinton Keith and road improvements to widen the ramp and add traffic lights were pending; the Murrieta Creek Project started; and City of Murrieta supported a proposed constitutional amendment that would keep state government fi.om raiding city funds. City of Temecula - Jim O'Grady reported that development activity was continuing in Old Town and that additional lanes would be added to Pechanga Parkway; a City Council candidate's forum was scheduled for October 21; community forums for Redhawk residents to discuss the proposed annexation were scheduled for October 16 and October 18, with voting in March 2004 and, if passed, annexation would become official July 1, 2005. Mr. O'Grady thanked the EDC for their letter of support for the proposed Higher-Education Center. · Chamber Updates: Lake Elsinore Chamber of Commerce - No report available. Murrieta Chamber of Commerce - Diane Sessions reported the next Murrieta Business Expo would be held November 6. Temecula Valley Chamber of Commerce - Mike Doblado reported the Temecula Chamber Business Expo held October 15 was very successful with 96 exhibitors. ADJOURNMENT At 9:20 a.m., motion was made by Maryann Edwards, seconded by Scott Crane and carried unanimously to adjourn the board meeting. Respectively submitted by: Elizabeth Yuzer Phil Oberhansley Recording Secretary Board Secretary ALLIANCE TO: Bradley J. Hudson Assistant County Executive Officer Riverside County EDA Jim O'Grady Assistant City Manager City of Temecula Lod Moss Assistant City Manager City of Murrieta Madene Best Assistant City Manager City of Lake Elsinore FROM: Stevie Field Manager, Business Development DATE: November 11, 2003 SUBJECT: 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 12 leads were generated during the month of October. Nine 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. Two site tours were conducted in the month of October. The first tour was with a large manufacturer who is looking for 10 acres to build a 100,000 to 120,000 s.f. facility. I showed several sites and two were identified as possible future locations. The company is doing their due diligence on their first land choice, which is in Wildomar, and will hopefully issue a letter of intent soon. This employer will create 200-300 jobs. The second, another large manufacturer, is interested in a site in Lake Elsinore. I have met with this company two times; the first at their current location and the second was a meeting with city staff on 11/5 at city hall. This company is very interested in their location, not only because of the many benefits of the city and our region, but the pa~cular site this client is looking at is located in a HUBZone (Historically Underutilized Business Zone). A HUBZone provides the business Federal contracting preference. This is an enormous benefit to any business that currently does or is interesitng in doing, government contract work. I will provide more detailed information on this program at our Alliance meeting in November. The Alliance is assisting beth companies with an Industrial Development Bond (IDB), workforce, demographics and city, county contacts. Upon finalization of details and confirmation of location, we are looking forward to announcing one or both of these success stories. Cuffin.q Eddie Markeitog I am currently working with Cuffing Edge Marketing on the following projects: Destination branding campaign materials This will include an updated website, CD-ROM, media kit, print advertising, l~ade shows, and a branding campaign. Destination branding campaign launch Organizaiton of event Opening video Press and media Media kits Demographic Report CD Rom Business Resource Guide Web-site update GISNVebsite Our GIS and web site continue to attract many visitors. During the month of October we had a record month with over 1200 visitors on our website. As we have had several connection problems with our web site on the County server, I have made arrangements through County IT that our site be hosted through Network Solutions and InfoQuest. This should eliminate any future problems with connection. We will still be able to generate a monthly report, which will enable us to gauge the success of various marketing projects and programs. "Southwest California" Destination Brendiog The concept for ~Southwest California' has been approved and the Partners and Business Attraction Advisory Committee (BAAC), have agreed upon the new logo. This information will be sent out immediately for trade marking. A meeting has been set on 11/20, following the EDC Board Meeting to announce this project to local business leaders such as TVWGA, Pechanga, local Chambers, golf associations, SWRCMC, etc. The date of the formal launch has been set for the EDC Quarterly luncheon on January 30, 2004. Location has yet to be determined, however, we are looking at Pechanga as the tirst possibility. We are planning to kick offthe event with a 3-7 minute video highlighting "Southwest California". The guest list will include all EDC members and many of the business leaders and elected officials from Southwest California. BAAC members have agreed to provide additional invitee recommendations. Cuffing Edge Marketing recently hired consultant, Fred Sater, well know for his media credentials and experience. Fred will be involved in many aspects of this event including press. Fred will assist the Alliance and Cutting Edge with the press and media involvement and ensuring we deliver a program worthy of the coverage. My first meeting with Fred is Friday, November 14th, to discuss this project in detail. I have asked EDA Marketing Department for staff assistance to help with the launch day details. Additional information about the formal launch will follow in email form regularly over the next few months. Business Attraction Advisory Committee (BAAC) The BAAC met on 11/3 at the WDC to discuss the branding logo and launch. The committee assisted the Alliance Partners with a logo recommendation based upon the two Iogos provided. The commiltee agreed that the EDC Quarterly luncheon would be a great venue for the formal launch and will assist the Alliance to ensure a successful event. Business Odyssey Video in cooperation with the EDC, the Alliance has been approached to host a video of Southwest Califomia, which would airon a Sunday morning, between 7am-9am on CNBC. I have provided handouts to the Alliance Partners and the BAAC and am awaiting final response. I have contacted, and received a hard copy video from Business Odyssey for viewing, which I will arrange for our November Alliance meeting. Business Resoume Guide The Business Resource Guide (BRG), has been transferred to Cuffing 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. We are worldng to launch the BRG at the time of our branding launch in January. Trade shows On behalf of the Alliance, I will be attending the following trade show: · FabTECH (metal forming and plastic injection molding) November 15th -- 19th Chicago, IL "Taste of SWRC" Event I have started to work on various components for the Spdng '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-cond~oned 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. We have targeted the weekend ofApri130~- May 2nd for this event. Please let me know at your earliest convenience if you foresee any problems with this weekend. Taraeted Letter Writina CamDaiqn On behalf of the Alliance, I have again started a letter writing campaign to business decision makers of our targeted industries in San Diego, Orange and Los Angeles Counties. Each letter will be sentwith a follow-up phone call requesting a brief one-on-one meeting to discuss the opportunities available in Southwest Riverside County. Both the Partners and the Business Attraction Advisory Committee have agreed to accompany me to any company visE; however, we will limit each visit to two or three key people. Economic Alliance sponsors 2004 ATI Awards On March 4, 2004, IEtechSOURCE' will host its 2nd Annual Achievements in Technical Ingenuity (ATI) Awards luncheon. This is a competition that will recognize five innovative entrepreneurs, businesses and academia within the Inland Empire. The ATI is rigorously judged and will spotlight the regions emerging high-tech industry. Past winners include; Prolacta Bioscience Inc., LifePoint, Inc., TurnKey Schools of America, Inc. and NOVA R&D inc. The Alliance will be a Media Sponsor ($1,500), at this event. Our sponsorship will entitle us to our name in the program; six (6) seats at the awards event; a dedicated exhibit table with collateral material and choice of tabletop display/signage; and a PowerPoint Presentation to display before the lunch. On an ongoing basis, I attend the following meetings: Murrieta-Temecula Group SWRC EDC Transportation and Infrastructure Committee Government Action Committee Business Attraction Advisory Committee LE EDC I-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 Robert Moran 11-12-203 2:B2PM FROM P. 2 TEMI~CULA VALLEY FILM COUNCIL Executive Dirccwr Smmy Poulso~ Thomas Co. Prc~idcn ~ Steve Phelps Go-p~ezlden~ ~llen Watkins Vice Preddent Patty Slaton $ccrerax~d/Treasurer Eve Craig Judi Staa~s TEMECULA VALLEY FILM COUNC-IL ACTIVITIES REPORT OCTOBER 2003 OFFICERS & MEMBERS OF THE FILM COUNCIL: Pat Martinez, Executive Director; Sunny Thomas, President; Ellen Watkins, Vice President; Helene Scoma, Secretary/Treasure; Eve Craig, Maggi AIle~, Patty Siaton & Judi Staats THE BUSINESS OF THE FILM COUNCIL: Priority items for the Film Council w/Il continue as FolloWS: Continue d/stfibution of the Discover Temecula flyer. Continued planning of the Reel Student Film Festival. Webs/re has been completed and wilt be up and running by Novembe~ 24~ (www. TheReelSmdcntFilmFest. com). Th~ ~Call forEnlry'isin~e process of being distributed and Russ McDonald is near completion of'the Sponsorship Package. "Pathways To Productions Workshop" at Chaparral H/gh School/s beiag conducted once a monte Th~ Workshop bas been very ~I1 received and 'each month brings an increase in the number of students pa~icipatin~ · The Production Gu/d~ is now complel~d and ready 11-12-283 2:S3PM FROM October 2003AcfivltyReport Page2 FILMING IN TEMECULA: We received very few phone calls in ~ month of October regard/ag filming in thc Tcmecula area. Shcri Davis has informed us that filming has been slow in all area of the Inland Empire. The office continues to rccc/ve phone calls from private and local expressing their interest in offering their homes for both fihiil.g iocatioas and city events. www.~=ndlego,org {#LIFORflI# General City of Temenula: ~-~5 www. temecula.org 888-TEMECULA www.cltyoftemecula.oro Winery lnformation: 800-801-WINE www.temeculawlnes.oro APPROVAL CITY ATTORNEY DIRECTOR OF FIN..AI~--I~ CITY MANAGER/~?z/ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Anthony J. Elmo, Director of Building & Safet.y/~ November 25, 2003 Departmental Report October 2003 PREPARED BY: Carol Brockmeier, Administrative Secretary TOTAL NUMBER OF PERMITSISSUED ................................................................... 398 NSFR .................................................................................................................. 96 NCOM ............................................................. .................. 3 TOTAL VALUATION ..................................................................................... $18,395,442 TOTAL NUMBER OF INSPECTIONS PERFORMED ............................................... 5457 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FiNANCE~.,~,~ CITY MANAGER CI~ OF TEM~CU~ AGENDA ~PORT City Manager/Ci~ Council Howard Windsor, Ci~ Fire Chi~ - November 17, 2003 Monthly Depa~mental Repo~ RECOMMENDATION: Attached for City Council's review and filing is the Fire Department's Monthly Activity Reports for the 3rd quarter, 2003. Month: July Year: 2003 91% 86% N/A 97% 75% 88% 3.00 3.53 N/A 3.40 5.00 3.73 4.05 0 0 0 0 0 32 0 0 0 0 0 7.84 0 0 38 0 0 0 0 0 0 1 0 2 0 0 0 138 0 7 0 0 0 148 0 1 0 5 36 0 0 1504 0 176 664 0 7 147 0 0 82 0 189 2492 : Permits Issued Pre Plans Total 38 3 Month: August Year: 2003 94% 89% N/A 93% 75% 88% 3.0 3.3 N/A 3.7 3.7 3.4 3.7 Number of Calls 0 0 0 0 Time Committed (Hours) 0 0 0 0 School Programs Fairs and Displays Company Inspections LE-38 Dooryard Inspections Burning Permits Issued Pre Plans Total 18 0 0 0 0 0 0 0 0 1 I 0 0 2 5 64 0 8 44 0 lg 1522 0 0 664 0 0 147 0 2 84 2 33 2525 23 3 Month: September Year: 2003 95% 85% N/A 91% 84% 89% 88% 17.1 8.9 N/A 3.6 3.4 8.2 6.0 Number of Calls 0 0 Time Co~nmitled (Hours) 0 0 School Programs Fairs and Displays Company Inspections LE-38 Dooryard Inspections Burning Permits Issued Pre Plans 22 0 0 0 0 0 0 0 0 0 1 0 1 0 10 2 0 15 0 0 Total 26 7 22 0 11 9 73 6 50 22 1544 0 664 12 159 17 101 66 2591 Month: July Year: 2003 Medical Aids 135 74 Traffic Collisions 32 18 Rescues 0 0 Commercial Structure Fires 0 1 Residential Structure Fires 4 0 Vehicle Fires 0 0 Vegetation Fires 0 0 Improvement Fires 0 0 Refuse Fires 0 0 Ringing Alarms 0 2 Public Service Assists ] 0 Fire Menace Standbys Haz Mats 0 0 0 Cover Assignments Other Incidents 0 1 total 172 98 % of Calls on Scene in 5 min or less 97% 87% 3.5 209 1396 50 357 0 0 1 10 4 31 0 5 0 0 0 2 0 1 2 20 1 23 1 4 I 2 0 1 1 4 270 1851 92% 91% 3.5 3.6 Average Response Time 3.5 Month: August Year: 2003 Medical Aids 124 98 222 1618 Traffic Collisions Rescues Commercial Structure Fires Residential Structure Fires Vehicle Fires 25 0 0 6 0 0 26 51 408 0 0 3 13 7 38 6 0 0 2 4 Fires I 1 Refuse Fires 0 0 0 1 Alarms I I 2 22 Public Service Assists 4 2 6 29 0 0 Fire Menace Standbys Haz Mats 0 4 3 5 0 3 Cover Assi 0 0 0 1 Other Incidents 0 0 0 4 Total 161 136 297 2148 of Calls on Scene in 5 rain or less 97% 89% 93% 92% Time 3.4 3.2 3.3 3.46 Month: September Year: 2003 Medical Aids 138 76 214 1832 Fraffic Collisions 27 26 53 461 Rescues 0 0 Zonm~ercial Structure Fires 1 14 ~Residential Structure Fires 3 41 Vehicle Fires 0 6 Vegetation Fires 0 0 Improvement Fires 0 4 Refuse Fires 0 1 Ringing Alarms I 23 Public Service Assists 7 36 Fire Menace Standbys Haz Mats 0 0 1 0 3 0 0 0 0 0 0 0 0 0 0 1 4 3 0 0 0 0 0 0 0 0 4 0 5 Cover Assignments 0 1 Other Incidents 0 4 Total 173 106 279 2427 % of Calls on Scene in 5 min or less 92% 90% 91% 92% Average Response Time 3.3 14.1 8.7 6.1 Month: July Year: 2003 Building TI 23 198 NCOM Buildin~ 14 71 ~UG Water 7 85 Over/Under Ground Tanks 0 1 NCOM Sprinkler 15 79 iSprinkler TI 15 88 Hood Duct 4 22 ~Spray Booths 0 1 ISpecial Suppression Systems 0 5 Alarms 11 102 Planning Cases 15 134 Special Code Permits 0 1 Miscellaneous 6 46 Total 110 833 Fire C of O 20 97 Shell Final 1 20 UG Hydro 2 16 Thrust Blocks 4 20 Over Head Hydro 16 64 Fire Flow 0 1 Flush 1 22 Sprinkler Final 7 63 Weld Inspection 5 12 Hood Duct Final 4 9 Alarm Pre-wire 2 37 Alarm Final 7 80 Spray Booth Final 0 1 Fire Safety Inspection 4 16 State Mandated Inspection 0 2 Special Events Inspection 2 2 Piping Hydro I 1 Shear Valves 0 0 Over/Under Tank Final 0 2 Special Suppression System 0 Special Project lnvesti.aation 0 0 Engine Company Follow-up 0 0 Miscellaneous 35 63 Total 111 529 Month: August Year: 2003 Building TI 32 230 NCOM Building 21 92 UG Water 27 112 Over/Under Ground Tanks 0 1 NCOM Sprinkler 5 84 Sprinkler TI 14 102 Hood Duct 2 24 Spray Booths 0 Special Suppression Systems 2 7 Alarms 23 125 Planning Cases 26 160 Special Code Permits 0 1 Miscellaneous 4 50 Total 156 989 Fire C of O 9 106 Shell Final 2 22 UG Hydro 5 21 Thrust Blocks 5 25 Over Head Hydro 17 81 Fire Flow 2 3 Flush 39 61 Sprinkler Final 8 71 Weld Inspection 1 13 Hood Duct Final 3 12 Alarm Pre-wire 10 47 Alarm Final 11 91 Spray Booth Final 0 I Fire Safety Inspection 3 19 State Mandated Inspection 0 2 Special Events Inspection 0 2 Piping Hydro 0 1 Shear Valves 0 0 Over/Under Tank Final 0 2 Special Suppression System 0 1 Special Project Investigation 0 0 Engine Company Follow-up 0 0 Miscellaneous 12 75 Total 127 656 Month: September Year: 2003 Building TI 18 248 NCOM B uildin~g 18 110 UG Water 8 120 Over/Under Ground Tanks 0 1 NCOM Sprinkler 10 94 Sprinkler TI 20 122 Hood Duct 3 27 Spray Booths 0 1 Special Suppression Systems 4 11 Alarms 19 144 Planning Cases 12 172 Special Code Permits 0 1 Miscellaneous 20 70 Total 132 1121 Fire C of O 7 113 Shell Final 0 22 UG Hydro 1 22 Thrust Blocks 1 26 Over Head Hydro 7 88 Fire Flow 0 3 Flush 3 64 Sprinkler Final 10 81 Weld Inspection 0 13 Hood Duct Final 2 14 Alarm Pre-wire 4 51 Alarm Final 2 93 Spray Booth Final 0 1 Fire Safety Inspection I 20 State Mandated Inspection 0 2 Special Events Inspection 1 3 Piping Hydro 0 1 Shear Valves 0 0 Over/Under Tank Final 0 2 Special Suppression System 0 1 Special Project Investigation 0 0 Engine Company Follow-up 0 0 Miscellaneous 5 80 Total 44 700 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 November 25, 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 October, 2003. MOACTRPT CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report October / November 2003 Prepared By: Amer Attar Submitted by: William G. Hughes Date: November 25, 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 pomh floor in order to replace it with the matching porch boards; this work is nearly complete. Sparks Exhibits and Environments is preparing the tenant improvements and beginning the preparation to install the exhibits. Public Works will not be monitoring the installation of the exhibits as TCSD is administering that contract. 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. On the west side of the project the section between Masters and Loma Linda Road is nearing completion with the contractor grouting and capping the wall. Footings have been poured at the section between Loma Linda and Via Consuelo and the masons are bringing the wall up a layer at a time. The wall footing has been excavated between Via Consuelo and Via Gilberto. 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, stressed and all falsework removed. Completion of the project is anticipated in the Spring of 2004 although the allowable working days extend into August of 2004. 4. Pavement Rehabilitation Program - FY 2002~ 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. The contractor has completed all punchlist items (i.e., striping). Outstanding items include: one final invoice and negotiations over one change order (paint vs. thermoplastic). 5. John Warner Road Assessment District Under this project an assessment district was formed. This district includes the construction of street R:\MonthlyActivityReport\ClP\2003\October.doc and storm drain improvements in the John Warner Road area. Storm drain installation, which began on 10/8/03, continues, though with intermittent progress, due to ongoing utility conflicts. Conflicts have resulted in a number of redesigns, both in the field and as submitted by McLaughlin's (contractor). All redesigns have resulted in CCOs, and utility companies have been noticed that they are potentially liable for monetary damages due to conflicts. Area residents have been kept informed of project's progress and problems, and continue to be very cooperative through the process. Storm drain installation was completed; roadway work on John Warner west of Jeramie is to follow immediately. Remainder of roadway work is on hold until utility relocations are complete. This date is unknown at this time. 6. 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. Clear and grub work on the north side of the RCR, east of Ynez, was completed the week of 10/13/03. Since then, little progress has been made due to utility conflicts. A major Edison line was discovered in conflict with the new retaining wall, and relocation of this line was completed on 11/15/03. Contractor submitted a proposal for an alternative pre-cast retaining wall that will both greatly facilitate construction and positively affect schedule; approval of the proposal is pending. With holiday season approaching, the possibility of contract suspension until after first of year is increasingly becoming the best option. 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 road. The City is working with Caitrans' 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 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 for the project. The Addendum and NOD were needed to satisfy all CEQA requirements for the project. Corps of Engineers is requiring that the City process an individual permit in addition to a nationwide permit for the Wolf Valley Creek Channel. The consultant is revising the plan and profile to meet the Corps requirements. 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 Winter 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. R:\MonthlyActivityReport\CIP\2003\October.doc 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 resoumes and services. A separate parcel has been created for the library for bond purposes. The City was approved for funding by the State on October 28, 2003. TCSD will coordinate the submittal of plans between the architect and the State. Public Works will take the lead on all utility issues, bidding, and construction management. A utility coordination meeting has been set for December 2 to address the various issues, i.e. services, protection, relocation. Etc. The project will be advertised for bids once the plans are approved by the State and all issues are resolved. 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 all utilities and utility issues are being addressed. Environmental documents have been finalized by the City's Planning Department. The public comment period will end December 11. Work is being coordinated with the library project, which will resume since State funds have been secured. 5. 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 Commerce Center Drive, 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. Design is underway. 6. 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. Planting and irrigation plans were forwarded to Homeowners Association property management office on 8-11- 03. Their comments were received on 11/18/03. Also, City has received comments from Caltrans. These comments were forwarded to the designer to make the revisions. City received plans from the designer. The plans are under review. 3 R:\MonthlyActivityReport\ClP\2003\October.doc 7. 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. 90% complete project plans were submitted in mid November and currently under City review. Coordination efforts with the developer and utility companies are underway. 8. Bridge Barrier Rail Upgrade, Rainbow Canyon Road over Pechanga Creek/Del Rio Road over Empire Creek This project will replace the existing barrier rails 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. 9. 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. A meeting was held on 11/13/03 between City, developer, and architect, in which the developer (Standard Pacific) expressed the desire to modify the design of the fire station. STK (architect) is to submit the proposed cost/schedule impact for design changes. Standard Pacific is to meet with planning to discuss the impacts and the process for design changes. The understanding by all parties is that any design changes MAY NOT delay the project. Follow-up meeting will be held at the request of Standard Pacific. Street improvement and utility plans were delivered to STK by Standard Pacific 10. 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 have been prepared and are being reviewed. The project will go to City Council on November 25, 2003 for authorization to advertised for bids. 11. 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. The Environmental portion of the project will begin in the near future. 12. State Route 79 South Medians Under this project medians will be constructed on State Route 79 South within the City of Temecula R:\MonthlyActiviiyReport\CIP\2003\October.doc 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 are in the process of doing the preliminary design. They are looking to incorporate maintenance parking areas in the median island. 13. 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 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. '14. 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 are complete. Advertisement is pending the research on the availability of State funding. 15. Rancho California Road Widening, Old Town Front Street to I-'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. 16. 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 pre-qualification of the general contractors on July 22, 2003. We are in the process of acquiring Fourth Street right-of-way for utilities and access. The Regional Water Board has approved the 401 permit, we are awaiting Army Corps 404 permit. PS&E approval and authorization to bid is scheduled for the 11/25/03 City Council meeting. 17. 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 are 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 is expected during the next period. 18. 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 read/driveway reconstruction. City Council approved the design contract on 09/23. Kick-off meeting was held on 10/08.2nd progress meeting was held on 11/05, during which AEi showed that they are actively researching and conceptually designing the project. Revised plans will be submitted for City review. 5 R:\MonthlyActivityReport\ClP\2003\October.doc Upon City approval of conceptual design, AEI will start the construction drawings. 19. Main Street Bridge Over Murrieta Creek (Replacement) New Project. This project will replace the existing Main Street Bridge over Murrieta Creek. Request For Proposals was issued on 9/16/03. Proposals were submitted on 10/7/03 and interviews were held on November 19,2003. Staff is also preparing an application for Highway Bridge Replacement and Rehabilitation (HBRR) funds. 20. 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. Plans for the two signals aro being finalized. 21. 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 Circle. 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. Median placement on Jefferson Avenue is under review. 22. 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. 23. Traffic Signal Installation - Citywide 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. A meeting with the Temecula Valley Unified School District is t be held to discuss access. PROJECTSIN THE PLANNING STAGE 1. 1-15/SR 79 South Interchange - Project Study Report (PSR) This project will modify the I-15/SR 79 South Intemhange 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. The latest FHWA and Caltrans comments are currently being addressed with PSR resubmittai scheduled for the end of November. 6 R:\MonthlyActivityReport\CIP\2003\October.doc 2. French Valley Parkway Overcrossing and Interchange, Project Report (PR), Plans Specifications, and Estimate (PS&E) Preparation This project will construct an interchange between Winchester Road Interchange and the 1-15/1-215 split. The consultant continues to work on the Project Report. 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 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. 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:\MonthlyAcfivityReport\ClP\2003\October.doc ..g wO I-- Z sss 0 {2. .-I Z mmm .m 0 m m LU ,,8 LuO ~_. O~ ,.8 I,U TO: FROM: DATE: SUBJECT: MEMORANDUM Bill Hughes, Director of Public Works/City Engineer ~Brad Buron, Maintenance Superintendent November 3, 2003 Monthly Activity Report - October, 2003 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of October, 2003: I. SIGNS A. B. C. Total signs replaced Total signs installed Total signs repaired 88 101 44 2 4~213 58 350 47 6~779 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 VI. GRAFFITI REMOVAL A. Total locations B. Total S.F. VII. STENCILING A. 421 New and repainted legends B. 3~736 L.F. of new and repainted red curb and striping Also, City Maintenance staffresponded to 54 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 33 service order requests for the month of September~ 2003. The Maintenance Crew has also put in 226 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of October~ 2003 was $ 56~503.66 compared to $ 78~750.00 for the month of September~ 2003. Account No. 5402 $ 12,870.00 Account No. 5401 $ 43,633.66 Account No. 999-5402 $ - 0 - Ron Parks, Deputy Director of Public Works Ali Moghadam, Senior Engineer (CIPFFraffic) 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 October, 2003 DATE DESCRIPTION TOTAL COST ACCOUNT STREET/CHANNEL/BRIDGE OF WORK SIZE CONTRACTOR: BECKER ENGINEERING Dale: 10/20/03 CITYWIDE A.C. SAW CUTTING FOR P.W. MAINTENANCE PATCH TRUCK # 5402 TOTAL COST I $ 3,370.00 Date: 10/23/03 JEDEDIAH SMITH AT DE PORTOLA REMOVE SILT, DEBRIS AND MAKE REPA1RS AS DIRECTED ROAD CHANNEL # 5401 COST I $ 7,383.66 TOTAL Date: 10/30/03 VALLEJO AT YNEZ ROAD CHANNEL REMOVE SILT, DEBRIS AND MAKE REPAIRS AS DIRECTED # 540 l TOTAL COST 14,750.00 CONTRACTOR: MONTELEONE CONTRACTORS Date: 10/I7/03 CALLE MEDUSA CHANNEL REMOVAL OF SILT & DEBRIS # 5401 TOTAL COST [ $ 4,500.00 Date: 10/03/03 SANTIAGO ROAD CHANNEL CONSTRUCT 3 DESILT PONDS IN CHANNEL # 5401 COST I $ 7,500.00 TOTAL Date: 10/15/03 CITYWIDE SANDBAGGING AT VARIOUS LOCATIONS FOR EROSION CONTROL # 5402 TOTAL COST I $ 9,500.00 CONTRACTOR: RENE'S COMMERCIAL MANAGEMENT Date: 10/09/03 REMOVAL OF VEGETATION, DEBRIS AND TRASH CITYW1DE FROM CHANNEL INLET & OUTLETS # 5401 TOTALCOST I $ 9,500.00 TOTAL COST ACCOUNT #5401 $43,633.66 TOTAL COST ACCOUNT #5402 $ 12,870.00 TOTAL COST ACCOUNT #99-5402 -0- CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF OCTOBER, 2003 DA~E LOCA~iON TOTAL ScoP E bF w,o K TONS 10/02/03 RANCHO CALIFORNIA ROAD NORTH OF 1-15 EWY AC OVERLAY 123 3.5 10/06/03 4TM & 5TM STREETS AT MERCEDES AC OVERLAY 704 4.5 10/07/03 4TM STREET AT MERCEDES AC OVERLAY 830 4.5 l 0/08/03 OVERLAND AT COMMERCE CENTER DRIVE R&R AC 225 6.5 10/09/03 5TM STREET AT MERCEDES AC OVERLAY 330 2 10/13/03 MARGARITA AT AVENIDA BARCA R&R AC 238 5.5 10/14/03 MARGARITA AT AVENIDA BARCA R&R AC 420 7.5 10/15/03 MARGARITA AT AVENIDA BARCA R&R AC 613 5.5 10/21/03 COMMERCE CENTER DRIVE AT OVERLAND R&R AC 150 4 10/22/03 COMMERCE CENTER DRIVE AT OVERLAND R&R AC 170 4.5 10/27/03 FRONT STREET SOUTH OF SANTIAGO R&R AC 133 3.5 10/28/03 28822 FRONT STREET R&R AC 277 6.5 TOTAL S.F. OF REPAIRS 4,213 TOTAL TONS 58 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF OCTOBER, 2003 DnXE LOCk'tON · WOR : COMpLEtED 10/01/03 AREA #2 CLEANED & CHECKED 15 CATCH BASINS 10/01/03 AREA #1 CLEANED & CHECKED 59 UNDERSIDE DRAINS 10/02/03 AREA #2 CLEANED & CHECKED 21 CATCH BASINS 10/06/03 C1TYWIDE CLEANED & CHECKED 36 CATCH BASINS 10/07/03 AREA #2 CLEANED & CHECKED 7 CATCH BASINS 10/09/03 AREA #4 CLEANED & CHECKED 17 CATCH BASINS 10/10/03 OLD TOWN CLEANED & CHECKED 26 CATCH BASINS 10/14/03 AREA #4 CLEANED & CHECKED 35 CATCH BASINS 10/15/03 AREA #4 CLEANED & CHECKED 11 CATCH BASlNS 10/16/03 AREA #4 CLEANED & CHECKED 30 CATCH BASINS 10/20/03 AREA #2 CLEANED & CHECKED 6 CATCH BASINS 10/21/03 AREA #2 CLEANED & CHECKED 9 CATCH BASINS 10/23/03 AREA #4 CLEANED & CHECKED 24 CATCH BASINS 10/23/03 AREA #3 CLEANED & CHECKED 8 CATCH BASINS 10/27/903 AREA #2 CLEANED & CHECKED I CATCH BASINS 10/28/03 AREA #2 CLEANED & CHECKED 7 CATCH BASINS 10/29/03 AREA #4 CLEANED & CHECKED 24 CATCH BASINS 10/30/03 AREA #4 CLEANED & CHECKED 14 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED 350 R:LM A INTAII~WKC MPLETD\C ATCHB A$~03.04\OCTO B ER.03 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF OCTOBER, 2003 DATE LOCA:T!ON :~ORK COMPLETED 10/01/03 41935 4TM STREET REMOVED 140 S.F. OFGRAFFITI 10/02/03 4TIt STREET AT MERCEDES REMOVED 75 S.F. OF GRAFFITI 10/02/03 MAIN STREET BRIDGE REMOVED 225 S.F. OF GRAFFITI 10/02/03 PUJOL AT 6TM STREET REMOVED 25 S.F. OF GRAFFITI 10/02/03 4TM STREET AT OLD TOWN FRONT STREET REMOVED 81 S.F. OF GRAFFITI 10/02/03 TEMECULA CREEK AT AVENIDA DE MISSIONES REMOVED 360 S,F. OF GRAFFITI 10/02/03 26710 YNEZ REMOVED 35 S.F. OF GRAFFITI 10/02/03 26800 YNEZ REMOVED 360 S.F. OFGRAFFITI 10/03/03 YNEZ AT YNEZ COURT REMOVED 300 S.F. OF GRAFFITI 10/03/03 TARGET CENTER REMOVED 350 S.F. OF GRAFFITI 10/06/03 MAIN STREET BRIDGE REMOVED 56 S.F. OFGRAFFITI 10/06/03 41975 4TM STREET REMOVED 30 S.F. OF GRAFFITI I0/06/03 4TM AT MERCEDES REMOVED 17 S.F. OFGRAFFITI 10/06/03 28601 FRONT STREET REMOVED 22 S.F. OF GRAFFIT1 10/06/03 28495 FRONT STREET REMOVED 108 S.F. OFGRAFFIT1 10/06/03 28485 FRONT STREET REMOVED 30 S.F. OF GRAFFITI 10/06/03 41935 4TM STREET REMOVED 71 S.F. OFGRAFFITI 10/06/03 FELIX VALDEZ AT 6TM STREET REMOVED 50 S.F. OF GRAFFITI 10/06/03 YNEZ AT YNEZ COURT REMOVED 131 S.F. OF GRAFFITI 10/06/03 42228 STONEWOOD REMOVED 63 S.F. OFGRAFFITI 10/06/03 NO. GENERAL KEARNEY AT NICHOLAS REMOVED 72 S.F. OF GRAFFITI 1006/03 JOSEPH AT NICHOLAS REMOVED 24 S.F. OF GRAFFITI 10/06/03 MARGARITA AT SANTA GERTRUDIS CREEK REMOVED 484 S.F. OF GRAFFITI R:\M A I NTA ] N~W KC M PLTD\G R AF~FITI\2(~3.20Q4\OCTO B ER O 3 10/08/03 MERCEDES AT 4TM STREET' REMOVED 136 S.F. OF GRAFFITI 10/08/03 NO. GENERAL KEARNEY AT NICHOLAS REMOVED 172 S.F, OF GRAFFITI 10/13/03 OLD TOWN REMOVED 150 S.F. OF GRAFFITI 10/13/03 PECHANGA PARKWAY AT LOMA L1NDA REMOVED 100 S.F. OF GRAFFITI 10/13/03 TARGET CENTER REMOVED 50 S.F. OF GRAFFITI i0/14/03 28495 FRONT STREET REMOVED 8 S.F. OF GRAFFITI i0/14/03 4TM AT MERCEDES REMOVED 22 S.F, OFGRAFFITI 10/14/03 YNEZ AT YNEZ COURT REMOVED 130 S,F. OF GRAFFITI 10/15/03 29210 STONEWOOD REMOVED 230 S.F. OF GRAFFITI 10/20/03 28816 PUJOL REMOVED 52 S.F. OFGRAFFITI 10/20/03 TARGET CENTER REMOVED 107 S.F. OF GRAFFITI 10/20/03 NO. GENERAL KEARNEY AT NICHOLAS REMOVED 283 S.F. OF GRAFFITI i0/22/03 LONG VALLEY AT HUMBER REMOVED 150 S.F. OFGRAFFITI 10/23/03 RIVERTONPARK REMOVED 6 S.F. OFGRAFFITI 10/23/03 YNEZ AT TOWER PLAZA REMOVED 72 S.F. OF GRAFFITI 10/23/03 LYNDIE LANE REMOVED 190 S.F. OF GRAFFITI 10/24/03 TEMECULA ELEMENTARY SCHOOL (BIN) REMOVED 220 S.F. OFGRAFFITI 10/27/03 TARGET CENTER REMOVED 150 S.F. OFGRAFFITI 10/27/03 BUTTERFIELD STAGE BRIDGE AT 79 SO. REMOVED 100 S.F. OF GRAFFITI 10/28/03 42140 LYND1E LANE REMOVED 650 S.F. OF GRAFFITI 10/28/03 STONEWOOD APARTMENTS REMOVED i00 S.F. OFGRAFFITI 10/29/03 42230 STONEWOOD REMOVED 80 S.F. OFGRAFFITI 10/29/03 TARGET CENTER REMOVED 96 S.F. OFGRAFFITI 10/29/03 YNEZ AT YNEZ COURT REMOVED 416 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED 6~779 TOTAL LOCATIONS 47 Z~ z ~0 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF OCTOBER, 2003 DATE DATE WORK RECEIVED LOCATION REQUEST COMPLETED 10/01/03 29835 VIA ALTURAS TREE TRIMMING 10/01/03 10/02/03 44065 SHELDON COURT STREET SWEEPING 10/02/03 10/02/03 30600 FEATHER COURT DEBRIS REMOVAL 10/20/03 10/03/03 43021 AGENA ROOT PRUNE 10/03/03 10/04/03 MARGARITA AT WINCHESTER OIL SPILL 10/04/03 10/06/03 41531 AVENIDA DE LA REINA POTHOLE 10/06/03 10/07/03 PECHANGA PARKWAY AT VIA EDUARDO TREE TRIMMING 10/07/03 10/07/03 29872 VILLA ALTURAS DRIVE ROOT PRUNE 10/07/03 10/09/03 42436 AGENA SIGN REPLACED 10/09/03 10/09/03 30396 VIA NORTE DEBRIS PICK-UP 10/09/03 l 0/09/03 T.M.H.S. DEBRIS PICK-UP 10/09/03 10/09/03 4107 VINTAGE C1RCLE DEBRIS PICK-UP 10/09/.03 10/13/03 41465 AVENIDA DE LA REINA ROOT PRUNING 10/13/03 10/13/03 42786 AGENA STREET TREE TRIMMING 10/13/03 10/14/03 42215 AGENA STREET TREE TRIMMING 10/14/03 10/15/03 40640 CALLE MADERO STROM DRAIN CLEANING 10/15/03 10/15/03 CORTE AMAYA STORM DRAIN CLEANING 10/15/03 10/15/03 43384 VIA ANGELES DEBRIS PICK-UP 10/15/03 10/15/03 29540 NIGHT CREST CIRCLE SLURRY STREETS 10/15/03 10/15/03 31074 MIRA LOMA DRIVE ROOT PRUNING 10/15/03 10/16/03 27107 QUAIL CREEK COURT TREE REMOVAL 10/16/03 10/16/03 31101 RUIDOSA STORM DRAIN CLEANING 10/16/03 10/16/03 31402 PENNANT COURT ALGAE IN STREET 10/16/03 10/17/03 29917 AVENIDA CIMA DEL SOL ROOT PRUNING 10/17/03 1017/03 WINCHESTER ROAD LITTER 10/17/03 DATE DATE WORK RECEIVED LOCATION REQUEST COMPLETED 10/20/03 42819 TERRA ROBLES DRIVE S.N.S. MISSING 10/20/03 10/20/03 RANCHO CALIFORNIA ROAD AT 1-15 FWY PAINT SPILL i0/20/03 10/20/03 40377 CALLE MEDUSA TREE TRIMMING 10/20/03 10/20/03 RANCHO CALIFORNIA RD. AT VIA LAS COLINAS OIL SPILL 10/20/03 10/21/03 42611 REMORA TREE TRIMMING 10/21/03 i0/21/03 32981 PATERNO STREET STREET STRIPING 10/21/03 10/21/03 FRONT STREET P.C.C. REPAIR 10/21/03 10/21/03 44652 VIA LEECIDO DEBRIS PICK-UP 10/21/03 10/22/03 44687 CAMINO GONZALES WATER LEAK 10/22/03 i0/23/03 MEADOWS PARKWAY GAS ODOR 10/23/03 10/23/03 44115 HIGHLANDER DRIVE CELL PHONE IN STORM DRAIN 10/23/03 10/23/03 30030 VIA ALTURAS S.N.S. REPLACEMENT I0/23/03 10/24/03 40640 CALLE MADERO PLUGGED DRAIN 10/24/03 10/24/03 31663 CHELSEA WAY STREET STRIPING 10/24/03 10/27/03 41300 MONTELENA CIRCLE POTHOLE 10/27/03 10/27/03 41501 AVENIDA DE LA REINA DEBRIS PICK-UP 10/27/03 10/27/03 28243 CORTE MALBINO TREE TRIMMING 10/27/03 10/27/03 43128 CORTE CALANDA S.N.S. MISSING 10/27/03 10/27/03 44763 CALLE BANUELOS POTHOLE 10/27/03 10/27/03 28267 CORTE MALBINO TREE TRIMMING i0/27/03 10/28/03 31130 NO. GENERAL KEARNEY DEBRIS PICK-UP 10/28/03 10/28/03 NICHOLAS AT WINCHESTER DELINEATORS DOWN I0/28/03 10/28/03 43200 CORTE CALANDA S.N.S. DOWN 10/28/03 10/28/03 43001 CALLE CAMILLIA DEBRIS PICL-UP 10/28/03 10/28/03 33021 ROSSMAN CIRCLE TREE LIMB DOWN 10/28/093 10/29/03 32217 COUR MEYNEY TREE REMOVAL 10/29/03 10/30/03 MARGARITA ROAD AT DATE STREET TEMP R-I'S 10/30/03 10/30/03 40065 ADIAN COURT POTHOLE 10/30/03 10/30/03 RANCHO CALIFORNIA ROAD E/O MARGARITA SINKHOLE 10/30/03 TOTAL SERVICE ORDER REQUESTS 54 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF OCTOBER, 2003 L, WORK COMPLETED 10/01/03 CITYWIDE REPAIRED 7 SIGNS 10/09/03 SANTA CECELIA AT COSMIC REPLACED R-1-A 10/09/03 COSMIC AT AGENA REPLACED 3 R-1-A 10/09/03 PECHANGA PARKWAY AT CLUBHOUSE REPLACED R-26-A 10/09/03 30244 DEL REY ROAD REPLACED W-17 10/14/03 YNEZ AT PALM PLAZA REPLACED R-7 10/14/03 AREA #3 REPLACED 8 S.N.S. 10/16/03 AREA #3 REPLACED 17 S.N.S. 10/16/03 CITYWlDE REPAIRED 10 SIGNS 10/17/03 SOLANA WAY REPLACED R-26 10/22/03 WINCHESTER AT NICHOLAS INSTALLED 94 DELINEATORS 10/23/03 PUjOL STREET AT MAIN STREET INSTAl.I ED 2 W-32, 2 W-6 10/23/03 ROAYL BIRKDALE INSTAI,I,I~D 2 R-2-25 10/27/03 CITYWIDE REPAIRED 7 SIGNS 10/27/03 VIA HALCON AT LA SERENA REPLACED S.N.S. 10/27/03 OVERLAND AT YNEZ REPLACED R-7, K-MARKER 10/27/03 MARGARITA N/O WINCHESTER REPLACED 2 DELINEATORS 10/27/03 NICHOLAS S/O WINCHESTER REPLACED 2 DELINEATORS 10/28/03 NICHOLAS AT CALLE MEDUSA REPLACED W-57, 2 "N" MARKERS 10/28/03 LA SERENA AT MEADOWS REPLACED 2 DELINEATORS 10/28/03 RANCHO CALIFORNIA ROAD AT MARGARITA REPLACED DELINEATOR 10/28/03 NICHOLAS AT WINCHESTER REPLACED 3 DELINEATORS 10/28/03 CALLE MEDUSA AT MONIQUE REPLACED S.N.S. 10/29/03 NICHOLAS AT WINCHESTER REPLACED 2 DELINEATORS 10/29/03 TEMEKU AT PIN REPLACED R-7, "K' MARKER 10/29/03 AREA #4 REPLACED 34 $.N.S. 10/29/03 CITYWIDE REPAIRED 20 SIGNS 10/23/03 CORTE HIGUERA INSTALLED W-53 TOTAL SIGNS REPLACED 88 TOTAL SIGNS INSTALLED 101 TOTAL SIGNS REPAIRED 44 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF OCTOBER, 2003 10/01/03 AREA #2 REPAINTED 18 LEGENDS 10/02/03 AREA #2 REPAINTED 28 LEGENDS 10/06/03 MAIN STREET E/O PUJOL REPAINTED 70 L.F. STRIPING 10/07/03 OLD TOWN REPAINTED 181 LEGENDS 10/08/03 OLD TOWN REPAINTED 121 LEGENDS 10/14/03 OLD TOWN FRONT AT HWY 79 SO. INSTALLED 158 L.F. RED CURB 10/14/03 AREA #3 REPAINTED 51 LEGENDS 10/15/03 CITYWlDE REPAINTED 700 L.F. OF YELLOW BULLNOSE 10/16/03 CITYWIDE REPAINTED 1,246 L.F. OF YELLOW BULLNOSE 10/23/03 OVERLAND INSTALLED 195 L.F. RED CURB 10/23/03 ROYAL BIRKDALE INSTALLED 2 LEGENDS 10/27/03 CITYWIDE REPAINTED 1,045 L.F. YELLOW BULLNOSE 10/28/03 CITYWIDE REPAINTED 322 L.F. YELLOW BULLNOSE 10/28/03 NICHOLAS AT WINCHESTER REPAINTED 20 LEGENDS TOTAL NEW & REPAINTED LEGENDS 421 NEW & REPAINTED RED CURB & STRIPING L.F. 3~736