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HomeMy WebLinkAbout04262022 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11]. AGENDA TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA APRIL 26, 2022 - 6:00 PM CLOSED SESSION - 4:30 PM CITY MANAGER ANNUAL PERFORMANCE EVALUATION. The City Council will meet in closed session pursuant to Government Code Sections 54957 and 54957.6 to evaluate the performance of the City Manager and establish goals and performance objectives for the next year as required by the City Manager's Employment Agreement. Pursuant to Government Code Section 54957.6 the Council will also meet with its designated representatives, Mayor Matt Rahn and City Attorney Peter Thorson, to provide direction to the designated representatives concerning the negotiation of salary, compensation and/or benefits for the unrepresented employee position of City Manager. Any changes to the City Manager's Employment Agreement would only be taken at a regularly scheduled open and public meeting of the City Council. CALL TO ORDER: Mayor Matt Rahn INVOCATION: Sylvester Scott of Baha'is of Temecula FLAG SALUTE: Mayor Matt Rahn ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS Proclamation for Arbor Day Presentation for Temecula Valley High School Girls' Soccer Team - D 1 State Champions Presentation for Great Oak High School Cyber Team - Inland Empire/California Mayors Cup BOARD / COMMISSION REPORTS Community Services Commission, Planning Commission and Race, Equity, Diversity and Inclusion Commission PUBLIC SAFETY REPORT California Department of Forestry and Fire Protection (CAL FIRE) Page 1 City Council Agenda April 26, 2022 PUBLIC COMMENTS - NON -AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the City Council on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 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 minutes will be devoted to these reports. CONSENT CALENDAR 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. A total of 30 minutes is provided for members of the public to address the City Council on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 1. Waive Reading of Standard Ordinances and Resolutions Recommendation: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. Attachments: Agenda Report 2. Approve Action Minutes of April 12, 2022 Recommendation: Attachments: That the City Council approve the action minutes of April 12, 2022. Action Minutes 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: Page 2 City Council Agenda April 26, 2022 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Attachments: Agenda Report Resolution List of Demands 4. Appoint Council Member Edwards as Alternate to Animal Friends of the Valleys Recommendation: That the City Council appoint Council Member Edwards as the alternate to the Animal Friends of the Valleys. Attachments: Agenda Report 5. Approve Three -Year Agreement with Animal Friends of the Valleys, Inc. for Animal Control Services Recommendation: That the City Council approve the agreement with Animal Friends of the Valleys, Inc. in the amount not to exceed $126,000 for fiscal year 2022-2023, $129,150 for fiscal year 2023-2024, and $132,378.72 for fiscal year 2024-2025, for a total three-year agreement amount of $387,528.72, for Animal Control Services. Attachments: Agenda Report Agreement 6. Approve Local Road Safely Plan LRSPLport Recommendation: That the City Council approve the Local Road Safety Plan (LRSP) Report. Attachments: Agenda Report Local Road Safety Plan 7. Approve First Amendments to Annual Professional Services Agreements for Architectural Services for the Department of Public Works/Capital Improvement Program CIP) Division for Fiscal Years 2020-2024 Recommendation: That the City Council approve First Amendments to Annual Professional Services Agreements for Architectural Services for the Department of Public Works/Capital Improvement Program (CIP) Division for Fiscal Years 2020-2024, as follows: - Gillis + Panichapan Architects, Inc, $1,000,000 total term - Miller Architectural Corporation, $1,000,000 total term - TR Design Group, Architecture, $1,000,000 total term Page 3 City Council Agenda April 26, 2022 Attachments: Agenda Report First Amendment - Gillis + Panichapan First Amendment - Miller First Amendment - TR Design Group 8. Approve Amendments to Annual Professional Services Agreements for Engineering, Surve and Environmental Services for the Department of Public Works/Capital Improvement Program (CIP) Division for Fiscal Years 2020-2024 Recommendation: That the City Council approve Amendments to Annual Professional Services Agreements for Engineering, Survey, and Environmental Services for the Department of Public Works/Capital Improvement Program (CIP) Division for Fiscal Years 2020-2024, as follows: - CASC Engineering and Consulting, Inc., First Amendment, $1,000,000 total term - Engineering Resources of Southern California, Inc., Second Amendment, $1,350,000 total term - SB&O, Inc., First Amendment, $1,000,000 total term Attachments: Agenda Report First Amendment - CASC Second Amendment - Engineering Resources First Amendment - SB&O 9. Approve First Amendment to the Non -Exclusive Commodity Agreement for the Purchase of Overhead Street Name Signs with Main Street Signs Recommendation: That the City Council approve the First Amendment to the Non -Exclusive Commodity Agreement with Main Street Signs, for the purchase of Overhead Street Name Signs, in the amount of $129,602.81. Attachments: Agenda Report First Amendment 10. Approve First Amendment to the Minor Maintenance Agreement with Mariposa Tree Management, Inc., for Citywide Tree Trimming Maintenance Services Recommendation: That the City Council approve the First Amendment to the Minor Maintenance Agreement with Mariposa Tree Management, Inc., for citywide tree trimming maintenance services, in the amount of $900,000. Attachments: Agenda Report First Amendment 11. Approve Resolution Rescinding Resolution No. 2021-69, a Resolution of Necessity for the Acquisition by Eminent Domain of Interests in Billboards Identified as Sign Number 33321 and Sign Number 33322 Located on Portions of the Real Properties Identified as Assessor's Parcel Page 4 City Council Agenda April 26, 2022 Numbers 910-060-002 and 910-060-004 in Connection with the I-I5/French Valley Parkway Improvements — Phase II, PW 16-01 Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RESCINDING RESOLUTION NO. 2021-69, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE 1-15/FRENCH VALLEY PARKWAY IMPROVEMENTS — PHASE 11 (CERTAIN REAL PROPERTY INTERESTS IN CONNECTION WITH OUTDOOR ADVERTISING STRUCTURES/BILLBOARDS IDENTIFIED AS SIGN NUMBER 33321 AND SIGN NUMBER 33322, LOCATED ON PORTIONS OF THE REAL PROPERTIES IDENTIFIED AS APNS 910-060-002 & 910-060-004) Attachments: Agenda Report Resolution Resolution No. 2021-69 Project Description Project Location 12. Approve Resolution Rescinding Resolution No. 2021-70, a Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests on Assessor's Parcel Numbers 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015 in Connection with the I-I5/French Valley Parkway Improvements — Phase II, PW 16-01 Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RESCINDING RESOLUTION NO. 2021-70, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS — PHASE II (CERTAIN PROPERTY INTERESTS ON APNS 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015) Page 5 City Council Agenda April 26, 2022 Attachments: Agenda Report Resolution Resolution No. 2021-70 Project Description Project Location RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND/OR THE TEMECULA PUBLIC FINANCING AUTHORITY Page 6 City Council Agenda April 26, 2022 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President James Stewart ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart CSD PUBLIC COMMENTS - NON -AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. CSD CONSENT CALENDAR 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 Community Services District request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 13. Approve Action Minutes of April 12, 2022 Recommendation: That the Board of Directors approve the action minutes of April 12, 2022. Attachments: Action Minutes 14. Approve Three -Year Agreement with Advantage Mailing, LLC for Printing Services of the Guide to Leisure Activities Recommendation: That the Board of Directors approve a three-year agreement with Advantage Mailing, LLC for printing services of the Guide to Leisure Activities. Attachments: Agenda Report Agreement Page 7 City Council Agenda April 26, 2022 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTOR REPORTS CSD ADJOURNMENT The next regular meeting of the Temecula Community Services District will be held on Tuesday, May 10, 2022, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 8 City Council Agenda April 26, 2022 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO MEETING TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY CALL TO ORDER: Chair Matt Rahn ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart TPFA PUBLIC COMMENT A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. TPFA BUSINESS Any member of the public may address the Board of Directors on items that appear on the Business portion of the agenda. Each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 15. Approve Issuance of Special Tax Refunding Bonds for Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) Recommendation That the Board of Directors adopt a resolution entitled: RESOLUTION NO. TPFA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SPECIAL TAX REFUNDING BONDS RELATED TO THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK), APPROVING AND DIRECTING THE EXECUTION OF A FISCAL Page 9 City Council Agenda April 26, 2022 AGENT AGREEMENT AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS Attachments: Agenda Report Resolution Fiscal Agent Agreement Escrow Agreement Preliminary Official Statement Bond Purchase Agreement TPFA EXECUTIVE DIRECTOR REPORT TPFA BOARD OF DIRECTOR REPORTS TPFA ADJOURNMENT The next regular meeting of the Temecula Public Financing Authority will be held on Tuesday, May 10, 2022, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 10 City Council Agenda April 26, 2022 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 a project at the time of the hearing. If you challenge a project 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. For public hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. At public hearings involving land use matters, the property owner and/or applicant has the burden of proof and, therefore, shall be allowed 15 minutes for an initial presentation, and an additional 10 minutes for rebuttal by its development team following other comments on the matter. An appellant, other than the property owner and/or applicant, and the spokesperson for an organized group of residents residing within the noticed area of the property, which is the subject of the public hearing, shall be allowed 15 minutes to present the appellant's position to the Council. The Mayor may allow more time if required to provide due process for the property owner, applicant or appellant. All other members of the public may speak during the public hearing for a maximum period of 5 minutes each. Deferral of one speaker's time to another is not permitted. In the event of a large number of speakers, the Mayor may reduce the maximum time limit for members of the public to speak. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 16. Approve Fiscal Year 2022-2023 Community Development Block Grant Annual Action Plan, 2022-2026 Five -Year Consolidated Plan, 2022 Analysis of Impediments to Fair Housing, and Citizen Participation Plan Recommendation That the City Council adopt the resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ANNUAL ACTION PLAN (2022-2023), 2022-2026 FIVE-YEAR CONSOLIDATED PLAN, 2022 ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING, AND CITIZEN PARTICIPATION PLAN AS AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR FUNDING UNDER THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, INCLUDING THE PROPOSED USE OF FUNDS FOR FISCAL YEAR 2022-2023 INCLUDING ANY AMENDED OR REVISED AMOUNTS PROVIDED BY HUD Page 11 City Council Agenda April 26, 2022 Attachments: RTT.C>(NFCC Agenda Report RPcnlntinn Exhibit A Notice of Public Hearing Any member of the public may address the City Council on items that appear on the Business portion of the agenda. Each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 17. Introduce Ordinance Amending Section 10.28.010(D) of the Temecula Municipal Code Regarding Prima Facie Speed Limits on Certain Streets Recommendation That the City Council introduce and read by title only an ordinance entitled: •10IZ \•. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS Attachments: Agenda Report Ordinance Summary of Recommendations DEPARTMENTAL REPORTS (Receive and File) 18. Community Development Department Monthly Report Attachments: Agenda Report Planning Activity Report 19. Fire Department Monthly Report Attachments: Agenda Report Fire Department Report 20. Police Department Monthly Report Page 12 City Council Agenda April 26, 2022 Attachments: Agenda Report 21. Public Works Department Monthly Report Attachments: Agenda Report Project Status Report ITEMS FOR FUTURE CITY COUNCIL AGENDAS Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any such request will be discussed under this section. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. This description shall not exceed 3 minutes unless extended by a majority vote of the City Council. No substantive discussion on the subject of the motion may occur. General discussion amongst the City Council on items listed under this section of the agenda shall be limited to 15 minutes. Items may only be placed on the agenda by Council Members pursuant to policy or by the City Manager based on administrative or operational needs of the City. Public comments on the placement of these agenda items shall be limited to a maximum of 30 minutes. Individual comments shall not exceed 3 minutes. All public participation is governed by the Council Policy regarding Public Participation at Meetings and Agenda Placements by Council Members adopted by Resolution No. 2021-54. 1. Availability of Cancer Related Services in Temecula (At the Request of Mayor Rahn) CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, May 10, 2022, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The full agenda packet (including staff reports, public closed session information, and any supplemental material available after the original posting of the agenda), distributed to a majority of the City Council regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444. Page 13 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 26, 2022 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. Unless otherwise required, the full reading of the text of standard ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA APRIL 12, 2022 - 6:00 PM CLOSED SESSION - 4:30 P.M. LABOR NEGOTIATIONS — The City Council convened in closed session with its designated representatives to discuss labor negotiations pursuant to Government Code Section 54957.6. The City's designated representatives are City Manager Aaron Adams, City Attorney Peter Thorson, Assistant City Manager Kevin Hawkins, Director of Finance Jennifer Hennessy, Director of Human Resources and Risk Management Isaac Garibay, Deputy City Manager Luke Watson and Senior Human Resources Analyst Becky Obmann. The employee organization is the California Teamsters Public, Professional and Medical Employees Union Local 911. CALL TO ORDER at 6:00 PM: Mayor Matt Rahn INVOCATION: Aaron Adams, City Manager FLAG SALUTE: Council Member Jessica Alexander ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS Proclamation for National Education and Sharing Day Proclamation for National Crime Victims' Rights Week Proclamation for DMV/Donate Life Month Proclamation for Autism Awareness Month BOARD / COMMISSION REPORTS - None PUBLIC SAFETY REPORT Riverside County Sheriffs Department PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) addressed the City Council: • John Hunneman • Laura Durcan • Kim Gerrish • Sonia Perez • Karyn Loy • Jon Stallo • Tiffany Richter • Patrick McConnell • Bob Kowell • Bob Quaid The following individual(s) submitted an electronic comment: • Rick Reiss 0 Lenny Martinez PUBLIC COMMENTS - AGENDA ITEMS The following individual(s) addressed the City Council: • Bob Kowell (Item #9) • Seth Thomas (Item #24) • Dario Bianchi (Item #9) • Ted Thomas (Item #24) • Mary Williams (Item #24) • John Mario (Item #24) Alana Joos (Item #24) Nancy Vandenberg (Item #24) CITY COUNCIL REPORTS CONSENT CALENDAR • Daryl D. Hansen (Item #24) • Maria Cantrell (Item #24) Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Stewart. The vote reflected unanimous approval. Waive Reading of Standard Ordinances and Resolutions Recommendation: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2. Approve Action Minutes of March 22, 2022 Recommendation: That the City Council approve the action minutes of March 22, 2022. 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2022-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. Approve City Treasurer's Report as of October 31, 2021 Recommendation: That the City Council approve and file the City Treasurer's Report as of October 31, 2021. 5. Adopt Ordinance 2022-06 Amending Title 9 and Title 17 of the Temecula Municipal Code to Include Entertainment Licenses, Further Clarify the Definitions of Restaurants, Entertainment, Taverns and Bars, and Provide Regulations for Private Security Operators, and Establishing Noise Standards for Mixed -Use Developments With a Residential Component Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE 2022-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 9 AND 17 OF THE TEMECULA MUNICIPAL CODE TO INCLUDE ENTERTAINMENT LICENSES, FURTHER CLARIFY THE DEFINITIONS OF RESTAURANTS, ENTERTAINMENT, TAVERNS AND BARS, AND PROVIDE REGULATIONS FOR PRIVATE SECURITY OPERATORS, AND ESTABLISHING NOISE STANDARDS FOR MIXED -USE DEVELOPMENTS WITH A RESIDENTIAL COMPONENT, AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3) 6. Adopt Ordinance 2022-07 Amending Section 2.04.020 of the Temecula Municipal Code Relating to the Time of City Council Meetings (Second Reading_) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2022-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.04.020 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE TIME AND PLACE OF MEETINGS 7. Approve Governing Body Resolution Designating Certain City Officials to Execute Applications and Documents for the Purposes of Obtaining Grant Funding through the Department of Homeland Security and Sub -Granted Through the State of California and Riverside County Recommendation: That the City Council adopt this resolution entitled: RESOLUTION NO. 2022-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DESIGNATING AND AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE PURPOSES OF OBTAINING FEDERAL FINANCIAL ASSISTANCE PROVIDED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY AND SUB -GRANTED THROUGH THE STATE OF CALIFORNIA AND THE COUNTY OF RIVERSIDE 8. Approve Sponsorship Agreement with Veterans of Foreign Wars, Temecula Valley VFW Post #4089 for 2022 Memorial DU Observance Recommendation: That the City Council approve the sponsorship agreement with Veterans of Foreign Wars, Temecula Valley VFW Post #4089 for in -kind support valued at $700 in City support services and $11,415 in promotional services for the 2022 Memorial Day Observance. 3 Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Schwank. The vote reflected unanimous approval. 9. Approve Second Amendments to Agreements with Convergint Technologies, LLC, for the Purchase, Installation, and Maintenance of a Citywide Surveillance System Recommendation: That the City Council: 1. Approve the second amendment to the purchase and installation agreement with Convergint Technologies, LLC, extend the term to May 22, 2025, increase the amount of the contract by $2,000,000, plus contingency of $200,000, for citywide surveillance system expansion and enhancements, bringing the total agreement amount to $7,656,035; and 2. Approve the second amendment to the maintenance work agreement with Convergint Technologies, LLC, increase the amount of the contract by $1,000,000, plus contingency of $100,000, for citywide surveillance system maintenance and repairs, bringing the total agreement amount to $2,240,819, for a term of five years beginning April 12, 2022. Approved the Staff Recommendation (4-1), Alexander oppose): Motion by Alexander, Second by Schwank. The vote reflected unanimous approval with Alexander opposing. 10. Approve Seventh Amendment to the Agreement with Proactive Fire Design & Consulting Inc. for Plan Review Services Recommendation: That the City Council approve the seventh amendment to the agreement with Proactive Fire Design & Consulting, Inc., in the amount of twenty-five thousand dollars and no cents ($25,000) for Fiscal Year 2021-22, for the Fire Department plan review service. 11. Approve Agreement for Consultant Services with Placeworks, Inc. for the Preparation of the Proposed Old Town Outdoor Dining Program Recommendation: That the City Council approve the agreement for consultant services with Placeworks, Inc., in the amount of $138,320, with a 10% contingency of $13,832, for a total agreement of $152,152, for the proposed Old Town Outdoor Dining Program. 12. Approve First Amendment to the Agreement for Consultant Services with De Novo Planning Group for Additional Work Related to the Preparation of the 2021-2029 Housing Element Update Recommendation: That the City Council approve the first amendment to the agreement for consultant services with De Novo Planning Group in the amount of $7,500, for a total agreement amount of $87,887, for additional work related to the preparation of the 2021-2029 Housing Element Update. 13. Approve First Amendment to Agreement with Kris R. Winchak dba KRW & Associates for Engineering Plan Check, Map and Legal Description Review Recommendation: That the City Council approve the first amendment to the agreement with Kris R. Winchak dba KRW & Associates for engineering plan check, map and legal description review, to extend the term of the agreement to June 30, 2023, and increase payment in the amount of $100,000. 14. Approve First Amendment to Agreement for Consultant Services for Engineering, Survey and Environmental Services with David Evans and Associates, Inc. Recommendation: That the City Council approve the first amendment to the agreement for consultant services for engineering, survey and environmental services with David Evans and Associates, Inc., for a total agreement amount of $1,000,000, for the total term of the agreement. 15. Appropriate Additional Funds and Increase Contingency Authorization for the Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04 Recommendation: That the City Council: 1. Approve an appropriation in the amount of $885,000 from Measure S for the Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04; and 2. Approve an increase to the contingency for construction of the Project by $600,000; and 3. Increase the City Manager Authority to approve construction contract change orders by $600,000. 16. Approve Appropriation and Award Construction Contract to IE General Engineering Inc. for the Ronald Reagan Sports Park Restroom Expansion and Renovation, PW 18-03 Recommendation: That the City Council: 1. Approve an appropriation of $290,000 from Measure S to the Ronald Reagan Sports Park Restroom Expansion and Renovation, PW 18-03; and 2. Award a construction contract to IE General Engineering Inc. in the amount of $311,496 for the Ronald Reagan Sports Park Restroom Expansion and Renovation, PW18-03; and 3. Authorize the City Manager to approve construction contract change orders up to 10% of the contract amount, $31,149.60; and 4. Make a finding that the Ronald Reagan Sports Park Restroom Expansion and Renovation, PW18-03, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 17. Approve Appropriation of Additional Funds for the Traffic Signal - Park and Ride Access Improvements, PW18-11 Recommendation: That the City Council approve an appropriation of $170,000 from Measure S to the Traffic Signal - Park and Ride Access Improvements, PW18-11. 18. Approve the Initial Study and Adopt a Mitigated Negative Declaration for the Santa Gertrudis Creek Trail Phase II - Margarita Road Undercrossing Project, PW19-04 Recommendation: That the City Council: 1. Approve the Initial Study and adopt a Mitigated Negative Declaration for the Santa Gertrudis Creek Trail Phase II - Margarita Road Undercrossing Project, PW19-04; and 2. Direct the Public Works Director to file the Notice of Determination. 19. Approve Minor Construction Services Agreement with American Ramp Company, Inc. for the Construction of the Infill Mini Pumn Track at Wolf Creek Park. PW21-05 Recommendation: That the City Council: 1. Approve the minor construction services agreement with American Ramp Company, Inc. in the amount of $60,000, for construction of the Infill Mini Pump Track at Wolf Creek Park, PW21-05; and 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15304, Class 4, Minor Alternations to Land, of the CEQA Guidelines. 20. Approve Agreement Pursuant to Government Code Section 66462.5 Between City of Temecula and Woodside 055, LP and Wingsweep Corporation Regarding Acquisition of Property Interests in Connection with Nicolas Road/Calle Girasol Improvements Recommendation: That the City Council take the following actions: 1. Adopt a resolution entitled: RESOLUTION NO. 2022-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 66462.5 BETWEEN WOODSIDE 055, LP AND WINGSWEEP CORPORATION AND CITY OF TEMECULA FOR ACQUISITION OF CERTAIN PROPERTY INTERESTS (CALLE GIRASOL/NICOLAS ROAD CONNECTION) 2. Authorize the City Manager to execute all necessary documents and take all steps necessary to effectuate the purposes of the agreement. 21. Approve Tract Map 37341-17 (Located on East Side of Butterfield Stage Road Between Calle Chapos and Murrieta Hot Springs Road) Recommendation: That the City Council: 1. Approve Tract Map 37341-17 in conformance with the Conditions of Approval; and 2. Approve the Subdivision Improvement and Monumentation Agreements with the developer; and 3. Authorize the City Manager to execute the agreements on behalf of the City. RECESS: At 7:36 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:58 PM the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL BUSINESS 24. Consider Opportunities for a Performing Arts Center (At the Request of Mayor Rahn) Recommendation: That the City Council consider opportunities for a performing arts center, create an ad hoc subcommittee that would ultimately work directly with the arts community on a possible private capital campaign, and provide general direction regarding the same. Approved the Staff Recommendation and appoint Mayor Matt Rahn and Council Member Stewart to the Ad Hoc Subcommittee (5-0): Motion by Edwards, Second by Stewart. The vote reflected unanimous approval. ITEMS FOR FUTURE CITY COUNCIL AGENDAS CITY MANAGER REPORT CITY ATTORNEY REPORT The City Attorney stated there was no reportable actions from closed session. ADJOURNMENT At 8:55 PM, the City Council meeting was formally adjourned to Tuesday, April 26, 2022, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: April 26, 2022 SUBJECT: Approve the List of Demands PREPARED BY: Pam Espinoza, Accounting Technician I RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: 1. Resolution 2. List of Demands RESOLUTION NO.2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $ 8,421,727.18. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 26th day of April 2022. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26th day of April 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA LIST OF DEMANDS 03/30/2022 TOTAL CHECK RUN: $ 199,893.68 03/31/2022 TOTAL CHECK RUN: 1,136,511.17 04/05/2022 TOTAL CHECK RUN: 165,351.20 04/07/2022 TOTAL CHECK RUN: 6,402,883.61 03/31/2022 TOTAL PAYROLL RUN: 517,087.52 TOTAL LIST OF DEMANDS FOR 4/26/2022 COUNCIL MEETING: $ 8,421,727.18 DISBURSEMENTS BY FUND: CHECKS: 001 GENERALFUND $ 5,157,045.37 125 PEG PUBLIC EDUCATION & GOVERNMENT 48.94 140 COMMUNITY DEV BLOCK GRANT 8,586.69 150 AB 2766 FUND 10,000.00 165 RDA DEV- LOW/MOD SET ASIDE 3,923.22 190 COMMUNITY SERVICES DISTRICT 315,611.99 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 9,059.03 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 430.63 197 TEMECULA LIBRARY FUND 38,944.23 210 CAPITAL IMPROVEMENT PROJECT FUND 2,269,351.15 300 INSURANCE FUND 1,849.22 305 WORKERS' COMPENSATION 1,849.17 320 INFORMATION TECHNOLOGY 41,603.01 330 SUPPORT SERVICES 10,939.88 340 FACILITIES 20,630.02 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 87.00 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 498.01 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 388.41 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 0.41 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 197.41 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 850.41 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 297.41 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 392.01 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 1,240.28 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 0.01 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 201.41 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 192.01 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 913.59 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 9.48 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 498.01 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 201.01 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 9.48 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 100.01 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 1,799.79 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 563.49 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 188.97 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 2,645.48 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 195.01 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 0.92 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 151.41 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 18.95 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 249.01 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 249.41 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 2,628.32 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT (0.01) $ 7,904,639.66 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 309,242.85 140 COMMUNITY DEV BLOCK GRANT 446.12 165 AFFORDABLE HOUSING 3,645.44 190 TEMECULA COMMUNITY SERVICES DISTRICT 143,621.18 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,238.68 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 536.72 197 TEMECULA LIBRARY FUND 3,162.91 300 INSURANCE FUND 1,983.08 305 WORKERS' COMPENSATION 1,983.08 320 INFORMATION TECHNOLOGY 36,263.44 330 SUPPORT SERVICES 4,300.83 340 FACILITIES 8,559.85 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 0.06 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 0.51 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 0.51 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 0.51 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 0.51 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 0.51 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 0.06 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 258.42 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 0.06 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 0.51 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 0.06 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 129.20 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 12.94 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 0.06 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 0.06 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 12.94 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 0.06 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 77.49 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 108.51 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 258.43 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 490.98 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 0.06 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 1.09 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 206.69 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 25.80 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 0.06 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 0.51 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 516.75 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT (0.01) TOTAL BY FUND: 517,087.52 $ 8,421,727.18 apChkLst Final Check List Page: 1 03/30/2022 11:35:11AM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description 502037 3/31/2022 020724 79 FIELD HOCKEY INC TCSD INSTRUCTOR EARNINGS 502038 3/31/2022 004240 AMERICAN FORENSIC NURSES APR STAND BY FEE: POLICE AFN 502039 3/31/2022 012951 APPLIED DEVELOPMENT QUALITY OF LIFE MASTER PLAN: ECONOMICS PLANNING 502040 3/31/2022 018408 BOB CALLAHAN'S POOL MAR POOL MAINT SVC: CRC & TESC SERVICE FEB FOUNTAIN MAINT SVC: OLD TOWN, 502041 3/31/2022 021588 BRAUN PETER, DBA MAR PLANTSCAPE SVCS: CIVIC TEMECULA PLANTSCAPE CENTER MAR PLANTSCAPE SVCS: LIBRARY 502042 3/31/2022 021502 BUCHER, BRET PHILLIP TCSD INSTRUCTOR EARNINGS 502043 3/31/2022 004248 CALIF DEPT OF FEB FINGERPRINTING SVCS: POLICE JUSTICE-ACCTING 502044 3/31/2022 000442 COMPUTER ALERT SYSTEMS INSTALL DMP SYSTEM: SOMMERS 502045 3/31/2022 010650 CRAFTSMEN PLUMBING & HVAC INC 502046 3/31/2022 004192 DOWNS ENERGY FUEL BEND INSTALLALARM: SOMMERS BEND PARK PERGOLA PAINT/REPAIR: VAIL RANCH PARK NEW BLINDS: CIVIC CTR A/C MOTOR CRANE LIFT/WINDOW TINT: PLUMBING REPAIRS: FIRE STA92 A/C MOTOR CRANE LIFT/WINDOW TINT: PLUMBING SVCS: TEMEKU PARK: PW PLUMBING SVCS: PARKS: PW PLUMBING SVCS: PARKS: PW PLUMBING SVCS: PARKS: PW PLUMBING SVCS: PARKS: PW PLUMBING REPAIRS: FIRE STA 92 PLUMBING REPAIRS: FIRE STA92 PLUMBING SVCS: FRIENDSHIP PARK: P% FUEL FOR CITY VEHICLES: PARK MAINT: PW FUEL FOR CITY VEHICLES: STREET MAI FUEL FOR CITY VEHICLES: TCSD FUEL FOR CITY VEHICLES: TRAFFIC: PN FUEL FOR CITY VEHICLES: LAND DEV: F FUEL FOR CITY VEHICLES: FIRE DEPT FUEL FOR CITY VEHICLES: POLICE DEP' FUEL FOR CITY VEHICLES: PW-CIP Amount Paid Check Total 3,773.43 1,379.17 5,150.00 1,100.00 950.00 500.00 200.00 1,193.50 2,456.00 1,635.00 1,079.00 29,500.00 6,735.00 2,680.00 2,000.00 960.00 786.91 737.77 595.00 586.13 490.00 479.52 262.07 225.00 1,741.34 929.96 819.06 478.92 208.72 196.01 140.43 138.09 3,773.43 1,379.17 5,150.00 2,050.00 700.00 1,193.50 2,456.00 2,714.00 46,037.40 4,652.53 Page:1 apChkLst Final Check List Page: 2 03/30/2022 11:35:11AM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 502047 3/31/2022 004068 ECALDRE MANALILI-DE VILLA, TCSD INSTRUCTOR EARNINGS AILEEN 502048 3/31/2022 020904 ECONOMIC ALTERNATIVES INC MAR CONDENSER WTR SYS PM: CIVIC CTR 502049 3/31/2022 013076 GAUDETYVONNE M, DBA YES TCSD INSTRUCTOR EARNINGS YOU CAN DRAW 502050 3/31/2022 004890 GOLDEN STATE FIRE ANNUAL FIRE SPRINKLER PROTECTION INSPECTION: CIVIC ANNUAL FIRE SPRINKLER INSPECTION: 502051 3/31/2022 017334 HOUSE OF AUTOMATION INC GATE SERVICE: PARKING GARAGE 502052 3/31/2022 010766 INLAND VALLEY SYMPHONY SYMPHONY PERF: CARNIVAL OF MUSIC CONCERT 502053 3/31/2022 006914 INNOVATIVE DOCUMENT FEB COPIER MAINT/USAGE/REPAIR: SOLUTIONS CITYWIDE FEB COPIER MAINT/USAGE/REPAIR: CIT 502054 3/31/2022 022824 EMPLOYEE #07205 REIMB: TEAM PACE 502055 3/31/2022 011920 MASTER CONCEPTS LLC, DBA TCSD INSTRUCTOR EARNINGS MASTER SPORTS 502056 3/31/2022 019823 MERCHANTS BLDG MAINT LLC JAN JANITORIAL SVCS: MRC 502057 3/31/2022 021071 MGT OF AMERICA LLC DBA, Ann'I SB 90 Claiming Srvcs:Finance MGT OF AMERICA CONSULTING 502058 3/31/2022 020907 MICHELLE MEDINA, DBA TCSD INSTRUCTOR EARNINGS MICHELLE Q MEDINA 502059 3/31/2022 013827 MIKO MOUNTAINLION INC EXCAVATE VIA LOBO CHANNEL: PW 502060 3/31/2022 004586 MOORE FENCE COMPANY INC INSTALL GATE: DIAZ/DENDY LOT 502061 3/31/2022 004040 MORAMARCO ANTHONY J, TCSD INSTRUCTOR EARNINGS DBA BIGFOOT GRAPHICS GRAPHIC DSGN SVCS: TCSD ACTIVITY( 502062 3/31/2022 002925 NAPA AUTO PARTS MISC AUTO PARTS: STREET MAINT: PW Amount Paid Check Total 1,295.00 1,295.00 538.67 538.67 1,771.00 1,771.00 900.00 650.00 1,550.00 981.00 981.00 16,000.00 16,000.00 4,323.15 447.62 4,770.77 119.54 119.54 2,492.00 2,492.00 691.79 691.79 10,959.00 10,959.00 3,874.50 3,874.50 17,820.00 17,820.00 2,949.46 2,949.46 1,888.60 1,200.00 3,088.60 5.55 5.55 Paget apChkLst Final Check List Page: 3 03/30/2022 11:35:11AM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 502063 3/31/2022 014173 NPG INC DBA, GOLDSTAR WINCHESTER RD ASPHALT ASPHALT PRODUCTS REPAIR/STRIPING 502064 3/31/2022 021121 OCCUPATIONAL HEALTH CTR Medical Screenings: HR OF CA, DBA CONCENTRA MEDICAL CTR 3/4 MEDICAL SCREENINGS: HR 502065 3/31/2022 021998 OLD TOWN TIRE AND SERVICE VEHICLE MAIN-F. STREET MAINT: PW INC 502066 3/31/2022 021858 PLACEWORKS INC, DBA JAN CONSULTING SRVCS: PLANNING PLACEWORKS DEPT 502067 3/31/2022 022537 REFRIGERATION SUPPLIES, MISC HVAC SUPPLIES: CHILDRENS DISTRIBUTOR MUSEUM 502068 3/31/2022 003591 RENES COMMERCIAL SHOPPING CART CLEAN-UP: STREET MANAGEMENT MAINT 502069 3/31/2022 002412 RICHARDS WATSON AND FEB 2022 LEGAL SERVICES GERSHON FEB 2022 LEGAL SERVICES 502070 3/31/2022 003072 RIVERSIDE AREA RAPE CRISIS CDBG REIMB: JUL- SEP'21 CTR CDBG REIMB: OCT - DEC '21 502071 3/31/2022 004274 SAFE AND SECURE LOCKSMITH SVCS: SOMMERS BEND LOCKSMITH SRVC 502072 3/31/2022 005329 SAFE FAMILY JUSTICE CDBG REIMBURSEMENT: JAN 2022 CENTERS 502073 3/31/2022 013482 SILVERMAN ENTERPRISES 3/11-3/27 SECURITY SVCS: TCSD INC, DBA BAS SECURITY 502074 3/31/2022 022051 SINGH GROUP INC HOMELESS ENCAMPMENT CLEAN-UP HOMELESS ENCAMPMENT CLEAN-UP HOMELESS ENCAMPMENT CLEAN-UP HOMELESS ENCAMPMENT CLEAN-UP 502075 3/31/2022 009452 EMPLOYEE #00427 REIMB:SUPPLIES FOR COMMUNITY THEATER 502076 3/31/2022 000668 TIMMY D PRODUCTIONS INC DJ/MC/SOUND: ART OFF THE WALLS: TCSD 502077 3/31/2022 021603 TITAN RENTALS GROUP INC, TABLES/CHAIRS RENTAL: EOQ TITAN TENT & EVENT RENTAL TABLES/CHAIRS RENTAL: SPEC EVENT: Amount Paid Check Total 25,765.00 25,765.00 87.00 35.00 122.00 769.13 769.13 3,239.98 3,239.98 78.18 78.18 1,774.00 1,774.00 157.50 90.00 247.50 2,052.69 1,966.00 4,018.69 947.75 947.75 3,819.71 3,819.71 2,839.00 2,839.00 3,651.00 3,651.00 3,651.00 3,601.00 14,554.00 368.38 368.38 300.00 300.00 1,093.75 418.70 1,512.45 Page:3 apChkLst Final Check List Page: 4 03/30/2022 11:35:11AM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 502078 3/31/2022 018147 WADDLETON, JEFFREY L (Continued) Description Amount Paid Check Total DJ/MC/SOUND SVCS: SPECIAL 525.00 525.00 EVENTS:TCSD Grand total for EFT UNION BANK: 199,893.68 Page:4 apChkLst Final Check List Page: 5 03/30/2022 11:35:11AM CITY OF TEMECULA 42 checks in this report. Grand Total All Checks: 199,893.68 Page:5 apChkLst Final Check List Page: 1 03/31/2022 3:13:44PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 13087 3/16/2022 022864 ALLISON MCCLOSKEY LAND ACQUISION: APN 910-100-018 200,500.00 200,500.00 ESCROW CO 13088 3/16/2022 022864 ALLISON MCCLOSKEY LAND ACQUISITION: APN 910-060-002 & 733,397.50 733,397.50 ESCROW CO 004 102114 3/22/2022 022862 MARC S JONES REFUND: CANCELLED PERMIT 133.92 133.92 CONSTRUCTION B21-6156 102115 3/22/2022 019018 SUNRUN INSTALLATION SRVCS REFUND: CANCELLED PERMIT 133.92 133.92 INC B21-5093 208506 3/31/2022 004422 AMERICAN BATTERY PURCHASE OF BATTERIES: LIBRARY 98.98 98.98 CORPORATION, DBA AMERICAN BATTERY SUP 208507 3/31/2022 021136 ARCADIA PUBLISHING INC BOOKS: TVM: GIFT SHOP 423.31 423.31 208508 3/31/2022 011421 BRODART CO BOOK COLLECTIONS: RHRTPL: TCSD 404.32 404.32 208509 3/31/2022 022670 BROWN, JAMAL DEON, DBA TCSD INSTRUCTOR EARNINGS 2,047.50 2,047.50 JDB TRAINING 208510 3/31/2022 005417 CINTAS PROTECTION NO 2, ANNUAL FIRE EXTINGUISHER 195.00 CINTAS FIRE 636525 INSPECTION: PBS ANNUAL FIRE EXTINGSHR INSPECT 195.00 ANNUAL FIRE EXTINGUISHER INSPE 306.08 ANNUAL FIRE EXTINGUISHER INSPE 208.20 904.28 208511 3/31/2022 012627 CLEAR IMAGE ENTERPRISES WINDOW CLEANING: CONF CTR: TCSD 270.00 270.00 INC, DBA:CLEAR IMAGE WINDOW CL 208512 3/31/2022 013379 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS 3,543.75 3,543.75 208513 3/31/2022 004329 COSTCO TEMECULA491 MISC SUPPLIES: TVM/ACE: TCSD 84.26 84.26 208514 3/31/2022 001233 DANS FEED AND SEED INC MISC SUPPLIES: STREET MAINT: PW 13.02 MISC SUPPLIES: STREET MAINT: PV 78.97 MISC SUPPLIES: STREET MAINT: PV 75.07 167.06 208515 3/31/2022 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOM & SINK 122.61 SRVCS RENTAL: TEM SHE TEMPORARY FENCING: JRC 95.00 PORTABLE RESTROOM/SINK RENTF 127.08 344.69 Page:1 apChkLst 03/31/2022 3:13:44PM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 208516 3/31/2022 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 208517 3/31/2022 002982 FRANCHISE TAX BOARD KRACH, BREE - CASE# 603016103 34.80 KRACH, BREE - CASE# 603016103 13.32 48.12 208518 3/31/2022 000186 HANKS HARDWARE INC MISC MAINT SUPPLIES: CRC 56.52 56.52 208519 3/31/2022 021606 IE INC DBA IPERMIT REFUND: CANCELLED PERMIT 177.20 177.20 B22-0221 208520 3/31/2022 022569 INLAND FLEET SOLUTIONS INC VEHICLE REPAIR: TRAFFIC LINE 3,500.06 3,500.06 REMOVER:PW 208521 3/31/2022 016257 KELLY SPICERS INC, DBA WHITE COPY PAPER: CENTRAL SVCS 2,005.13 2,005.13 KELLY SPICERS STORES 208522 3/31/2022 011767 LEICA GEOSYSTEMS INC LEICA ROBOTIC TOTAL STATION 2,263.20 2,263.20 INSPECTION 208523 3/31/2022 004905 LIEBERT, CASSIDY AND FEB HR LEGAL SVCS FORTE060-00011 1,104.00 WHITMORE FEB HR LEGAL SVCS FOR TE060-001 3,881.00 4,985.00 208524 3/31/2022 014796 EMPLOYEE #00443 REIMB: RFRSHMNTS: MTG WITH ED 56.76 56.76 DIRECTOR 208525 3/31/2022 013982 M C I COMM SERVICE MAR 7DK90589 XXX-0346 GEN USAGE 35.56 MAR 7DK89878 XXX-0714 GEN USA( 37.40 72.96 208526 3/31/2022 017427 MATCHETT, VIVIAN TCSD INSTRUCTOR EARNINGS 364.00 364.00 208527 3/31/2022 016297 MID-AMERICAARTS ALLIANCE EXHIBIT RENTAL FEE: CLOTH AS 1,500.00 1,500.00 COMMUNITY 208528 3/31/2022 001214 MORNINGSTAR PRODUCTIONS MISC STAGE SUPPLIES: THEATER 1,718.10 1,718.10 LLC 208529 3/31/2022 006140 NORTH JEFFERSON BUSINESS APR-JUN '22 ASSN DUES 3561 #17: FV 521.05 PARK APR-JUN '22 ASSN DUES 3561 #16: F 560.64 APR-JUN '22 ASSN DUES 3561 #20: F 707.93 1,789.62 208530 3/31/2022 006552 PAINTED EARTH TEEN ZONE SPECIAL EVENT 87.00 87.00 PROJECT:CRC 208531 3/31/2022 000249 PETTY CASH PETTY CASH REIMBURSEMENT 783.38 783.38 Paget apChkLst Final Check List Page: 3 03/31/2022 3:13:44PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 208532 3/31/2022 005075 PRUDENTIAL OVERALL SUPPLY UNIFORM SRVCS: STREET MAINT: PW 315.26 UNIFORM SVC: PARKS MAINT: PW -4.62 310.64 208533 3/31/2022 020127 QUINN COMPANY GENERATOR MAINT: STA95: FIRE 605.73 GENERATOR MAINT: STA84: FIRE 819.36 GENERATOR MAINT: STA 73: FIRE 590.75 2,015.84 208534 3/31/2022 011853 RANCON COMMERCE CNTR APR-JUN'22 BUS PKASSN DUE: 198.38 198.38 PH2,3&4 OVRLND PRJT 208535 3/31/2022 014027 RIVERSIDE CO ECO DEV STAFFING: LIBRARY 34,580.00 34,580.00 AGENCY, LIBRARY DIV 208536 3/31/2022 001365 RIVERSIDE, COUNTY OF, RENEW PERMIT: CRC 812.00 ENVIRONMENTAL HEALTH DEPT RENEW PERMIT: THEATER 550.00 1,362.00 208537 3/31/2022 000278 SAN DIEGO UNION -TRIBUNE FEB PUBLIC NTCADS: CITY CLERK 192.38 192.38 208538 3/31/2022 009980 SANBORN GWYNETH A, CO COUNTRY LIVE! @ THE MERC 3/19 675.00 675.00 TEMECULA MUSIC ACADEMY 208539 3/31/2022 000519 SOUTH COUNTY PEST PEST CONTROL SRVCS: BEE 94.00 CONTROL INC REMOVAL: PW PEST CONTROL SVCS: JRC 74.00 PEST CONTROL SVCS: LIBRARY 90.00 258.00 208540 3/31/2022 008337 STAPLES BUSINESS CREDIT MISC SUPPLIES: RHRTPL: TCSD 36.96 MISC OFC SUPPLIES: THEATER: TC! 53.46 MISC OFC SUPPLIES: CIP: PW 105.62 MISC OFC SUPPLIES: LAND DEV: P` 5.87 MISC OFC SUPPLIES: LIBRARY: TCS -123.36 MISC OFC SUPPLIES: CLASSES: TC: 83.72 162.27 208541 3/31/2022 022870 STEPHENS, CARISSA REFUND: BUSY BEES PARENT & ME 50.00 50.00 208542 3/31/2022 009061 STURDIVANT, ANGELA P TCSD INSTRUCTOR EARNINGS 2,305.80 2,305.80 208543 3/31/2022 010046 TV CONVENTION &VISITORS JAN'22 BUS. IMPRV DISTRICT 126,922.29 126,922.29 BUREAU, DBA VISIT TEMECULA ASMNTS VALLEY 208544 3/31/2022 014486 VERIZON WIRELESS 2/11-3/10 TASK FORCE TABLETS 468.53 468.53 POLICE 208545 3/31/2022 018871 WONDER SCIENCE TCSD INSTRUCTOR EARNINGS 5,099.50 5,099.50 Page:3 apChkLst Final Check List Page: 4 03/31/2022 3:13:44PM CITY OF TEMECULA Grand total for UNION BANK: 1,136,511.17 Page:4 apChkLst Final Check List Page: 5 03/31/2022 3:13:44PM CITY OF TEMECULA 44 checks in this report. Grand Total All Checks: 1,136,511.17 Page:5 apChkLst Final Check List Page: 1 04/05/2022 2:51:52PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description 502079 4/7/2022 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING/MAINT: THEATER DBA, ALLEGRO PIANO SERVICE PIANO TUNING/MAINT: LIBRARY 502080 4/7/2022 021959 AMERICAN HEART TRAINING SUPPLIES: MEDIC: FIRE ASSOCIATION INC DEPT 502081 4/7/2022 022670 BROWN, JAMAL DEON, DBA TCSD INSTRUCTOR EARNINGS JDB TRAINING 502082 4/7/2022 021502 BUCHER, BRET PHILLIP TCSD INSTRUCTOR EARNINGS 502083 4/7/2022 004248 CALIF DEPT OF FEB BLOOD & ALCOHOL ANALYSIS: PD JUSTICE-ACCTING DEC BLOOD &ALCOHOL ANALYSIS: PD 502084 4/7/2022 010650 CRAFTSMEN PLUMBING & Tankless Water Heater Install: Civic Ctr HVAC INC 502085 4/7/2022 022506 DESIGN PATH STUDIO PERMIT READY ACCESSORY DWELLING UNIT 502086 4/7/2022 020648 DG INVESTMENT HOLDINGS 2 CITYWIDE SURVEILLANCE PROJ: INC, CONVERGINT PARK & RIDE TECHNOLOGIES CITYWIDE SURVEILLANCE: INFO TECH 502087 4/7/2022 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: TCSD FUEL FOR CITY VEHICLES: BLDG & SAFI FUEL FOR CITY VEHICLES: CODE ENFOI 502088 4/7/2022 012217 DUDEK FEB CONSTRUCT MGMT SVCS: PW11-10 502089 4/7/2022 010804 FEHR AND PEERS TRANSP DISCOVERY/BENCHMARKING: PLAN 502090 4/7/2022 022726 FORENSIC NURSING OF SART EXAM: TEM SHERIFF SOCAL INC 502091 4/7/2022 013076 GAUDET YVONNE M, DBA YES TCSD INSTRUCTOR EARNINGS YOU CAN DRAW 502092 4/7/2022 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: TCC: FIRE DEPT INC MISC OFC SUPPLIES: TCC: FIRE DEPT MISC OFC SUPPLIES: FIRE STA84 MISC OFC SUPPLIES: CENTRAL SVCS Amount Paid Check Total 1,275.00 350.00 1,625.00 2,901.78 2,901.78 5,699.89 5,699.89 1,965.04 1,965.04 1,505.00 70.00 1,575.00 5,640.00 5,640.00 4,600.00 4,600.00 21, 867.20 13,666.80 35,534.00 955.34 199.75 68.93 1,224.02 22,021.03 22,021.03 12,823.13 12,823.13 800.00 800.00 346.50 346.50 386.06 155.84 97.85 38.64 678.39 Page:1 apChkLst Final Check List Page: 2 04/05/2022 2:51:52PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 502093 4/7/2022 020628 HASA INC POOL SANITIZING CHEMICALS: VARIOUS POOLS 502094 4/7/2022 021370 MARK THOMAS AND COMPANY FEB DSGN CONSULTANT SVCS: INC CHERRY ST EXT 502095 4/7/2022 004951 MIKE'S PRECISION WELDING WELDING SVCS: OLD TOWN INC 502096 4/7/2022 012264 MIRANDA, JULIO C TCSD INSTRUCTOR EARNINGS 502097 4/7/2022 004043 MISSION ELECTRIC SUPPLY MISC ELECTRICAL SUPPLIES: CIVIC INC CTR MISC ELECTRICAL SUPPLIES: THEATER 502098 4/7/2022 004040 MORAMARCO ANTHONY J, ART EVENTS: TVM: TCSD DBA BIGFOOT GRAPHICS ART EVENTS: TVM: TCSD ART EVENTS: TVM: TCSD 502099 4/7/2022 009337 NV5 INC FEB PROJ MGT SVCS: MRC, PW17-21 502100 4/7/2022 021998 OLD TOWN TIRE AND SERVICE VEHICLE MAINT: TRAFFIC MAINT: PW INC 502101 4/7/2022 022537 REFRIGERATION SUPPLIES, COMPRESSORS FOR HVAC UNTIS: DISTRIBUTOR CRC: PW 502102 4/7/2022 002412 RICHARDS WATSON AND FEB 2022 LEGAL SERVICES GERSHON FEB 2022 LEGAL SERVICES FEB 2022 LEGAL SERVICES FEB 2022 LEGAL SERVICES FEB 2022 LEGAL SERVICES FEB 2022 LEGAL SERVICES FEB 2022 LEGAL SERVICES 502103 4/7/2022 004274 SAFE AND SECURE LOCKSMITH SVCS: THEATER LOCKSMITH SRVC LOCKSMITH SVCS: PARKS: PW 502104 4/7/2022 009213 SHERRY BERRY MUSIC STAND-UP COMEDY @ THE MERC 3/26 JAZZ @ THE MERC 03/31/22 JAZZ @ THE MERC 3/17/22 JAZZ @ THE MERC 3/24/22 502105 4/7/2022 009746 SIGNS BY TOMORROW SIGN POSTING SVCS: SGC MARGARITA UNDER X 502106 4/7/2022 000645 SMART AND FINAL INC RECREATION SUPPLIES: MPSC: TCSD Amount Paid Check Total 1,170.80 1,170.80 11,043.06 11,043.06 85.00 85.00 2,007.60 2,007.60 233.07 137.22 370.29 1,900.00 1,200.00 999.00 4,099.00 9,450.00 9,450.00 5,103.58 5,103.58 2,289.42 2,289.42 4,569.00 3,782.00 3,266.00 1,735.44 930.00 773.50 87.00 15,142.94 80.75 48.94 129.69 1,785.00 705.00 455.00 336.00 3,281.00 213.75 213.75 349.48 349.48 Paget apChkLst Final Check List Page: 3 04/05/2022 2:51:52PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 502107 4/7/2022 014783 SOFTRESOURCES, LLC 502108 4/7/2022 003849 TERRYBERRY COMPANY 502109 4/7/2022 016311 TIERCE, NICHOLAS 502110 4/7/2022 011351 TRITECH SOFTWARE SYSTEMS (Continued) Description Amount Paid Check Total Consulting:financial sys upgrade Munis 4,717.50 4,717.50 SERVICE AWARDS: HR 211.17 211.17 GRAPHIC DESIGN SERVICES: 4,980.00 4,980.00 THEATER ASSET MGMT OF SFTWRE: INFO TECH 1,725.00 MANAGE & IMPLEMENT SFTWRE: INFO" 1,548.14 3,273.14 Grand total for EFT UNION BANK: 165,351.20 Page:3 apChkLst Final Check List Page: 4 04/05/2022 2:51:52PM CITY OF TEMECULA 32 checks in this report. Grand Total All Checks: 165,351.20 Page:4 apChkLst 04/07/2022 2:52:58PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 13027 3/9/2022 006887 UNION BANK OF CALIFORNIA 007102 RENAISSANCE REFRSHMNTS: CCMF BOARD MTG 35.25 017444 PINPROSPLUS PINS FOR STATE OF THE CITY AA 1,748.70 001060 HYATT LODGING: LOCC CONF: 2/1-4/22 860.70 007102 RENAISSANCE LODGING: CCMF BOARD MTG 247.54 001060 HYATT REFRSHMNTS: LOCC CONF 19.30 2,911.49 2/1-4/22 13028 3/9/2022 006887 UNION BANK OF CALIFORNIA 022042 SEEK THERMAL REPAIR TICS: FIRE DEPT 254.00 013338 APPLE STORE ADD'L PHONE STORAGE 0.99 001264 COSTCO TEMECULA 491 FLOWERS: FIRE DEPT 49.60 003129 ALBERTOS REFRSHMNTS: STATE OF THE CITY 94.83 003198 HOME DEPOT ICE MACHINE: STA 84 2,579.51 2,978.93 CALIF DEPT OF CHILD SUPPORT PAYMENT 448.82 448.82 13056 3/17/2022 010349 SUPPORT 1 C M A RETIREMENT -PLAN 13057 3/17/2022 021301 ICMA- 401(A) RETIREMENT PLAN 384.62 384.62 106474 PAYMENT 1 C M A RETIREMENT -PLAN 13058 3/17/2022 000194 303355 ICMA-RC RETIREMENT TRUST 457 14,862.06 14,862.06 PAYMENT NATIONWIDE RETIREMENT 13061 3/17/2022 001065 SOLUTION NATIONWIDE RETIREMENT PAYMENT 12,776.85 12,776.85 PERS (EMPLOYEES' 13064 3/17/2022 000246 RETIREMENT) PERS RETIREMENT PAYMENT 120,937.53 120,937.53 Page:1 apChkLst Final Check List Page: 2 04/07/2022 2:52:58PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 13068 3/9/2022 006887 UNION BANK OF CALIFORNIA 019592 URBAN CAFE RFRSHMNTS: PLNG COMMISSION MTG 01/19 000278 SAN DIEGO UNION -TRIBUNE SUBSCRIPTION RENEWAL: COM DEV 000278 SAN DIEGO UNION -TRIBUNE SUBSCRIPTION RENEWAL: PLANNING 021060 LOS ANGELES TIMES, DBA SUBSCRIPTION RENEWAL: COM DEV LATIMES.COM 020537 INLAND VALLEY MOUNTAIN MEMBERSHIP RENEWAL: PLANNING BIKE, ASSOCIATION 000747 AMERICAN PLANNING CONFERENCE REGISTRATION: ASSOCIATION PLANNING 008793 PICK UP STIX RFRSHMNTS: PLNG COMMISSION MTG 02/02 13128 3/31/2022 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT SUPPORT 13129 3/31/2022 021301 1 C M A RETIREMENT -PLAN ICMA- 401(A) RETIREMENT PLAN 106474 PAYMENT 13130 3/31/2022 000194 1 C M A RETIREMENT -PLAN ICMA-RC RETIREMENT TRUST 457 303355 PAYMENT 13131 3/31/2022 000444 INSTATAX (EDD) STATE TAX PAYMENT 13132 3/31/2022 000283 INSTATAX (IRS) FEDERAL TAX PAYMENT 13133 3/31/2022 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT SOLUTION 13136 3/31/2022 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT RETIREMENT) 208546 4/5/2022 019438 DISPEKER ARTISTS INT'L INC Theater Performance: APR 2, 2022 208547 4/7/2022 013387 ADAME LANDSCAPE INC, DBA WEEKLY SWEEPING: PARKING SWEEPING UNLIMITED GARAGE 208548 4/7/2022 009787 ALTEC INDUSTRIES INC VEHICLE & EQUIP REPAIRS: STREETS: PW 208549 4/7/2022 007282 AMAZON CAPITAL SERVICES MISC EQUIPMENT. BC/CHIEF INC Amount Paid Check Total 249.24 142.02 76.96 76.96 50.00 400.00 289.48 1,284.66 398.62 398.62 384.62 384.62 14,648.26 14,648.26 26,786.42 26,786.42 86,577.14 86,577.14 12,776.85 12,776.85 121.114.19 121.114.19 5,790.00 5,790.00 540.00 540.00 17.47 17.47 83.68 83.68 Paget apChkLst 04/07/2022 2:52:58PM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 208550 4/7/2022 022703 ATOM ENGINEERING CONST. CONTRACT SVCS: FLOOD 100,861.50 100,861.50 CONSTRUCTION CONTROL REPA 208551 4/7/2022 007065 B&H PHOTO & ELECTRONICS MISC AV EQUIPMENT: PEG SUPPLIES 48.94 48.94 CORP 208552 4/7/2022 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS: RHRPTL: TCSD 46.57 BOOK COLLECTIONS: RHRPTL: TCSD 231.02 BOOK COLLECTIONS: RHRPTL: TCSD 17.20 BOOK COLLECTIONS: RHRPTL: TCSD 41.98 336.77 208553 4/7/2022 022719 BAKER ELECTRIC INC CONST CONTRACT SVC: PEDESTRIAN 467,443.98 467,443.98 SIGNAL EQ 208554 4/7/2022 006254 BALLET FOLKLORICO, AKA TCSD INSTRUCTOR EARNINGS 873.60 873.60 LORENA HANCOCK 208555 4/7/2022 003138 CAL MAT, DBA VULCAN ASPHALT SUPPLIES: STREET MAINT: 993.01 MATERIALS CO PW ASPHALT SUPPLIES: STREET MAINT: PVA 273.78 1,266.79 208556 4/7/2022 001054 CALIF BUILDING OFFICIALS, JOB ADVERTISEMENT: BLDG 360.00 360.00 (CALBO) INSPECTOR 208557 4/7/2022 000413 CALIF DEPT OF FISH & PERMITAPP FEE: PW17 35,711.25 35,711.25 WILDLIFE 208558 4/7/2022 004971 CANON FINANCIAL SERVICES MAR COPIER LEASE: LIBRARY 671.56 671.56 INC 208559 4/7/2022 021054 CANTRELL, TINA J TCSD INSTRUCTOR EARNINGS 280.00 280.00 208560 4/7/2022 018828 CASC ENGINEERING AND, FEB COMMERCIAL/IND'L 1,510.00 CONSULTING INC INSPECTIONS: NPDES MISC ENG SVS: MRC IMPROV REVIEW 1 382.50 FEB ADD'L ENG SVCS: SOMMER'S BEND 40.00 1,932.50 208561 4/7/2022 004462 CDW LLC, DBA CDW MISC SMALL TOOLS & EQUIP: INFO 558.29 GOVERNMENT LLC TECH MISC SMALL TOOLS & EQUIP: INFO TECI 556.21 MISC SMALL TOOLS & EQUIP: INFO TECI 517.69 MISC SMALL TOOLS & EQUIP: INFO TECI 153.77 1,785.96 208562 4/7/2022 009640 CERTIFION CORP DBA MAR ONLINE DATABASE SUBSCR: 200.00 200.00 ENTERSECT POLICE 208563 4/7/2022 016446 CHRISTIAN STITCH ERY INC, SPORTS UNIFORMS: SPORTS: TCSD 3,715.77 3,715.77 DBA SO CAL IMPRESSIONS Page:3 apChkLst Final Check List Page: 4 04/07/2022 2:52:58PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 208564 4/7/2022 012627 CLEAR IMAGE ENTERPRISES WINDOW CLEANING: CIVIC CTR INC, DBA:CLEAR IMAGE WINDOW CL 208565 4/7/2022 004329 COSTCO TEMECULA 491 MISC SUPPLIES: SPECIAL EVENTS: TCSD MISC SUPPLIES: AQUATICS: TCSD MISC SUPPLIES: CRC: TCSD 208566 4/7/2022 012600 DAVID EVANS AND FEB DSGN SVCS: DIAZ RD EXP: ASSOCIATES INC PW17-25 208567 4/7/2022 020360 DE NOVO PLANNING GROUP CONSULTING SVCS:HOUSING ELEMENT UPDATE 208568 4/7/2022 022798 DS SERVICES OF AMERICA WATER DELIVERY: CMO INC, SPARKLETTS 208569 4/7/2022 004658 EASTWOOD, GREGORY REIMB: COPIES OF KEYS: PD 208570 4/7/2022 000165 FEDERAL EXPRESS INC EXP MAIL SVCS: FIRE DEPT EXP MAIL SVCS: LAND ACQUISTION: CIF EXP MAIL SVCS: CODE ENFORCEMENT EXP MAIL SVCS: COM DEV 208571 4/7/2022 000165 FEDERAL EXPRESS INC EXP MAIL SVCS: TCSD EXP MAIL SVC: FVP / 1-15 PHASE II 208572 4/7/2022 003747 FINE ARTS NETWORK AKA STTLMNT: CINDERELLA3/11-27 THEATRE, CO AND BALLET THEATER 208573 4/7/2022 022482 FLUID, DAN, DBA LIGHTNING PERIMETER FENCE: SAM HICKS PRK : FENCE CO CIP PW 208574 4/7/2022 022865 EMPLOYEE #00527 REIMB: TEAM PACE SUPPLIES 208575 4/7/2022 010452 GAYLORD BROS INC MISC SUPPLIES: TVM/ACE: TCSD 208576 4/7/2022 021527 GIANT DESIGN GRAPHIC DSGN, GOODS & SVCS: SPEC EVENTS 208577 4/7/2022 009608 GOLDEN VALLEY MUSIC STTLMNT: CLASSICS AT THE MERC: SOCIETY, DBA CA CHAMBER 3/13 & 27 ORCHESTRA 208578 4/7/2022 019177 GOSCH FORD TEMECULA MISC SVC/REPAIR: MPSC BUS: TCSD Amount Paid Check Total 448.00 448.00 2,372.91 169.82 137.12 2,679.85 45,741.54 45,741.54 33,526.00 33,526.00 49.90 49.90 193.75 193.75 22.95 30.51 7.54 8.06 69.06 7.54 7.54 15.08 28,130.30 28,130.30 33,739.25 33,739.25 177.29 177.29 270.48 270.48 10,291.45 10,291.45 707.00 707.00 187.75 187.75 Page:4 apChkLst 04/07/2022 2:52:58PM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 208579 4/7/2022 000186 HANKS HARDWARE INC MISC MAINT SUPPLIES: PARKS: PW 60.82 60.82 208580 4/7/2022 001013 HINDERLITER DE LLAMAS & JAN-MAR'22 MEASURE S SALES TAX 300.00 300.00 ASSOC AUDIT 208581 4/7/2022 003198 HOME DEPOT MISC HRWDR SUPPLIES: TCC 43.43 MISC HRDWR SUPPLIES: TCC 66.25 109.68 208582 4/7/2022 018352 JAMES ELLIOTT STTLMNT: QUEEN NATION 3/31 5,945.99 ENTERTAINMENT STTLMNT: LAST TRAIN TO MEMPHIS 4/1 5,662.05 11,608.04 208583 4/7/2022 019884 LEONIDA BUILDERS INC SANTA GERTRUDIS CRK PEDESTRIAN 276,632.87 276,632.87 EXT 208584 4/7/2022 003782 MAIN STREET SIGNS, DBA CITY STREET SIGNAGE: STREET 1,076.53 ATHACO INC MAINT: PW SQUARE POSTS: TRAFFIC SIGNS: PW 430.78 STREET SIGN NAME: HR DEPT 53.82 1,561.13 208585 4/7/2022 015959 MEHEULA MUSIC 3RD FINAL INSTALLMENT: THEATER 5,000.00 5,000.00 PRODUCTIONS, AKA JAMES L. FY21/22 MARABOTTO 208586 4/7/2022 006140 NORTH JEFFERSON BUSINESS APR-JUN'22ASSN DUES 3561 #19: FV 681.01 681.01 PARK 208587 4/7/2022 003964 OFFICE DEPOT BUSINESS SVS MISC OFC SUPPLIES: PW: CIP 191.01 DIV MISC OFC SUPPLIES: PW: CIP 67.40 258.41 208588 4/7/2022 022872 ORTIZ, JAIME REIMB: MOTOR TRAINING CLASS 369.14 3/1-3/11 REIMB: MOTOR TRAINING CLASS 3/1-3/1 209.03 578.17 208589 4/7/2022 015931 PAST PERFECT SOFTWARE SOFTWARE SUPPORT & MAINT: TVM: 1,260.00 1,260.00 INC TCSD 208590 4/7/2022 005075 PRUDENTIAL OVERALL UNIFORM SVCS: PARKS MAINT: PW 189.99 SUPPLY 1112 UNIFORM RENTAL: STREETS: PW 101.87 1/4 UNIFORM RENTAL: STREETS: PW 42.64 334.50 208591 4/7/2022 022837 QUADIENT FINANCE USA INC POSTAGE: TEM SHERIFF 349.95 349.95 208592 4/7/2022 020127 QUINN COMPANY PREVENTATIVE MAINT: CITY 1,287.18 GENERATORS GENERATOR MAINT: CRC: PW 1,087.53 2,374.71 208593 4/7/2022 019510 REALITY RALLY INC. FY 21/22 DISCRETIONARY GRANT 1,000.00 1,000.00 FUNDS Page:5 apChkLst 04/07/2022 2:52:58PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 208594 4/7/2022 019712 RED HELMET TRAINING FIRE INSPECTOR COURSE: FIRE DEPT 360.00 360.00 208595 4/7/2022 000267 RIVERSIDE CO FIRE FPARC-TM, INV 234724, 21/22, Q2 2,172,236.37 2,172,236.37 DEPARTMENT 208596 4/7/2022 000411 RIVERSIDE CO FLOOD 1/22 CHANGES: MURRIETACRK 250.97 250.97 CONTROLAND, WATER CHANNEL CONSERVATION DIST 208597 4/7/2022 000406 RIVERSIDE CO SHERIFFS 01/13-02/09 LAW ENFORCEMENT 2,439,981.40 2,439,981.40 DEPT 208598 4/7/2022 004822 RIVERSIDE TRANSIT AGENCY FEB TROLLEY SVC: RIDERSHIP 1,736.22 1,736.22 208599 4/7/2022 001097 ROADLINE PRODUCTS INC TRAFFIC ROAD PAINT: STREET 4,000.00 4,000.00 MAINTENANCE 208600 4/7/2022 009980 SANBORN GWYNETH A, CO COUNTRY LIVE! @ THE MERC 4/2 866.25 866.25 TEMECULA MUSIC ACADEMY 208601 4/7/2022 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SVCS: TVM: TCSD 170.00 PRESTON CAPTAIN PHOTO: BC: FIRE DEPT 120.00 290.00 208602 4/7/2022 020545 SOCIAL WORK ACTION GROUP FEB HOMELESSOUTREACH SVCS: 30,055.60 30,055.60 TCSD 208603 4/7/2022 000519 SOUTH COUNTY PEST PEST CONTROL SVCS: HARVESTON 95.00 CONTROL INC PARK PEST CONTROL SVCS: WEST WING 40.00 PEST CONTROL SVCS: TVM 32.00 PEST CONTROL SVCS: TVM 42.00 PEST CONTROL SVCS: CRC 90.00 PEST CONTROL SVCS: PARKS: PW 95.00 PEST CONTROL SVCS: TVE2 56.00 450.00 208604 4/7/2022 012652 SOUTHERN CALIFORNIA, APR GEN USAGE: 0141,0839,0978,0979 737.70 737.70 TELEPHONE COMPANY 208605 4/7/2022 015373 SPECTRASYSTEMS INC, DBA SAFETY SURFACING: WOLF CREEK 27,464.00 27,464.00 SPECTRATURF TRLPARK 208606 4/7/2022 008337 STAPLES BUSINESS CREDIT MISC OFC SUPPLIES:ADMIN: TCSD 48.89 MISC OFC SUPPLIES: MALL STOREFROP 102.48 MISC OFC SUPPLIES: LAND DEV: PW 151.52 302.89 208607 4/7/2022 003000 STATE WATER RESOURCE 401 PERMITAPP FEE: PW17-25: CIP 2,417.00 2,417.00 CONTROL, BOARD Page.-6 apChkLst 04/07/2022 2:52:58PM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 208608 4/7/2022 017814 STC TRAFFIC INC INTERSECTION CONTROL & OPS 5,780.00 EVAL: CIP CONSTRUCTION SUPPORT SVCS: FIBEF 17,875.00 23,655.00 208609 4/7/2022 009061 STURDIVANT, ANGELA P TCSD INSTRUCTOR EARNINGS 269.50 269.50 208610 4/7/2022 003599 T Y LIN INTERNATIONAL CONSULTANT SRVCS FOR FRENCH 106,817.26 106,817.26 VALLEY PKWY 208611 4/7/2022 022778 TELSCO INDUSTRIES INC, DBA IRRIG CONTROLLER COMMUNICATION 27,573.00 27,573.00 WEATHERMATIC RENEWAL 208612 4/7/2022 022783 THOMAS, ELLIOTT J TCSD INSTRUCTOR EARNINGS 774.20 774.20 208613 4/7/2022 019291 TLK ICE, INC., DBA:KONA ICE RFRSHMNTS: TEEN SUMMER CAMP: 3,725.00 3,725.00 TEMECULA VAL TCSD 208614 4/7/2022 000161 TYLER TECHNOLOGIES, INC CONFERENCE REGISTRATION: 1,099.00 1,099.00 PREVENTION: 208615 4/7/2022 020275 WALLACE & ASSOC FEB CONSTRUCTION MGMT SVCS: 8,840.00 CONSULTING LLC, ANSER PW18-05 ADVISORY MNGMT LLC FEB INSPECTION SVCS: LAND DEV/NPD 16,422.00 25,262.00 208616 4/7/2022 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES: CITY FACS 2,028.47 CLEANING SUPPLIES: CITY FACS 1,932.38 CLEANING SUPPLIES: PARKS: PW 897.19 4,858.04 208617 4/7/2022 008668 WES FLOWERS SUNSHINE FUND 101.99 SUNSHINE FUND 101.99 203.98 208618 4/7/2022 000621 WESTERN RIVERSIDE FY21/22AB 939 DUES/SOLID WASTE 7,947.15 COUNCIL OF, GOVERNMENTS (WRCOG) FY21/22 CLEAN CITIES COALITION DUE 10,000.00 17,947.15 208619 4/7/2022 022861 WOLF CREEK MAINTENANCE CONVERSION SVC: ELECTRICAL TO 2,250.00 2,250.00 CORP SOLAR:PW 208620 4/7/2022 018871 WONDER SCIENCE TCSD INSTRUCTOR EARNINGS 6,591.38 6,591.38 208621 4/7/2022 003776 ZOLL MEDICAL CORPORATION, PARAMEDIC SUPPLIES: MEDICS 1,182.88 1,182.88 GPO Grand total for UNION BANK: 6,402,883.61 Page-7 apChkLst Final Check List Page: 8 04/07/2022 2:52:58PM CITY OF TEMECULA 91 checks in this report. Grand Total All Checks: 6,402,883.61 Page:8 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 26, 2022 SUBJECT: Appoint Council Member Edwards as Alternate to Animal Friends of the Valleys PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council appoint Council Member Edwards as the alternate to the Animal Friends of the Valleys. BACKGROUND: Animals Friends of the Valleys offers animals for adoptions and provides animal services to the cities of Lake Elsinore, Canyon Lake, Wildomar, Menifee, Murrieta, and Temecula as a non-profit 501(c)(3). Mayor Pro Tempore Schwank currently serves as the primary liaison, through the annual appointment process, without an alternate. He also serves as the liaison for the Southwest Communities Financing Authority which was created to finance the construction of the new regional animal shelter. From time to time the need for an alternate has arisen. Given Council Member Edwards prior service as a liaison to this organization, it is recommended that the City Council appoint Council Member Edwards to serve as an alternate through 2022. New appointments may be made in January 2023 through the annual appointment process for the City Council. FISCAL IMPACT: None ATTACHMENTS: None Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: April 26, 2022 SUBJECT: Approve Three -Year Agreement with Animal Friends of the Valleys, Inc. for Animal Control Services PREPARED BY: Brandon Rabidou, Senior Management Analyst RECOMMENDATION: That the City Council approve the agreement with Animal Friends of the Valleys, Inc. in the amount not to exceed $126,000 for fiscal year 2022-2023, $129,150 for fiscal year 2023-2024, and $132,378.72 for fiscal year 2024-2025, for a total three-year agreement amount of $387,528.72 for Animal Control Services. BACKGROUND: The City of Temecula has contracted with Animal Friends of the Valleys, Inc. (AFV), a non-profit organization, since 1995 for animal control services provided within Temecula City limits. In 2004 the Council approved Temecula's participation in a Joint Powers Authority (JPA) referred to as the Southwest Communities Financing Authority (SCFA) with other member agencies for the construction of an animal shelter and subsequent shelter services. The SCFA contracts with Animal Friends of the Valleys, Inc. for animal shelter operations where citizens can adopt and license pets. The agreement with AFV for animal control services provide to the City a complete program, which includes, but it not limited to, Animal Control Officers who conduct field and other services, shelter of lost or abandoned dogs and cats, impounding of stray animals, quarantine of rabid animals, removal of deceased animals from the public right-of-way, dog licensing, vaccination clinics, animal complaints, investigation and resolution to Temecula residents and emergency response to the City of Temecula Code Enforcement Division, Fire Department, and law enforcement agencies, as requested. AFV has provided services and animal care to the City of Temecula for 27 years. Over the past several years AFV has requested minimal or no increases to annual contract amounts. AFV is requesting a consumer price index (CPI-W) adjustment (at a maximum of 2.5%) in the annual contract amounts for Fiscal Years 2023-2024, and 2024-2025. The justification for these increases includes historic inflationary pressure and a highly completive labor market. If CPI-W were to be less than 2.5%, the AFV agreement would only be increased by the amount of the CPI-W increase (not to exceed 2.5%). If the CPI-W amount was negative, there would be no increase or decrease in the Fiscal Year contract amount. FISCAL IMPACT: Adequate funds are anticipated for the Fiscal Year 2022-2023 operating budget for the annual payment. Funds will be programmed into the operating budget accordingly for Fiscal Years 2023-2024, and 2024-2025. ATTACHMENTS: Agreement AGREEMENT FOR CONTRACTOR SERVICES BETWEEN CITY OF TEMECULA AND ANIMAL FRIENDS OF THE VALLEYS, INC. FOR ANIMAL CONTROL SERVICES THIS AGREEMENT is made and effective as of April 26, 2022, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Animals Friends of the Valleys, Inc., a Non-profit (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2022 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2025, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Contractor shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Contractor shall employ all 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. 4. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. 1. For Fiscal Year 2022-2023 Contractor shall be paid a fee of Ten Thousand Five Hundred Dollars and No Cents ($10,500.00) monthly. This amount shall not exceed One Hundred Twenty -Six Thousand Dollars and No Cents ($126,000.00) for Fiscal Year 2022-2023. 2. For Fiscal Year 2023-2024, the amount that City shall pay to Contractor monthly shall be calculated as follows: the monthly amount listed for Fiscal Year 2022- 2023 plus the percentage change in the Annual Consumer Price Index for Urban and Clerical Workers (CPI-W) for all items in Riverside -San Bernardino -Ontario, CA for the prior calendar year as compared to the Annual CPI-W of two calendar years prior. In no event can this annualized amount exceed 2.5% over the amount City pays to Contractor for Fiscal Year 2022-2023 (i.e., One Hundred Twenty -Nine Thousand One Hundred Fifty Dollars and Zero Cents ($129,150.00)). If the percentage change in the CPI-W is less than 0%, the fee shall remain the same as Fiscal Year 2022-2023. 3. For Fiscal Year 2024-2025, the amount that City shall pay to Contractor monthly shall be calculated as follows: the monthly amount listed for Fiscal Year 2023- 2024 plus the percentage change in the Annual Consumer Price Index for Urban and Clerical Workers (CPI-W) for all items in Riverside -San Bernardino -Ontario, CA for the prior calendar year as compared to the Annual CPI-W of two calendar years prior. In no event can this annualized amount exceed 2.5% over the amount City pays to Contractor for Fiscal Year 2023-2024 (i.e., One Hundred Thirty -Two Thousand Three Hundred Seventy -Eight Dollars and Seventy -Two Cents ($132,378.72)). If the percentage change in the CPI-W is less than 0%, the fee shall remain the same as Fiscal Year 2023-2024. 4. The total amount of this Agreement shall not exceed Three Hundred Eighty -Seven Thousand Five Hundred Twenty -Eight Dollars and Seventy -Two Cents ($387,528.72) unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. C. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. d. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. 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 entitled "PAYMENT" herein. 6. 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, 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 ten (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. 7. OWNERSHIP OF DOCUMENTS a. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers 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 arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One Million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty -Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. 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. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents 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 City, or bind City in any manner. b. 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, 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. 11. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. b. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Contractor: Animal Friends of the Valleys, Inc. Attn: Tammi Boyd 33751 Mission Trail Wildomar, CA 92592 14. 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. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 15. 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. 16. 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 geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. 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. 19. 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. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Matt Rahn, Mayor ATTEST: By: Rand! Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney ANIMAL FRIENDS OF THE VALLEYS, INC. A NON-PROFIT ORGANIZATION (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Tammi Boyd, Pre ' ent By: Monique Middleton, Executive Director & Chief Animal Control Officer CONTRACTOR Animal Friends of the Valleys, Inc. Attn: Kristine Anderson 33751 Mission Trail Wildomar, CA 92695 Phone: 961-674-0618 Email: tammi@afv.org _ Email: mm@afv.org City Purchasing Mgr. Initials ap4 t D e: 8 C:lUserslbrandon.rabidou%AppDatalLocaMAicrosoftlWindowsliNetCache\Content 0ut1ook%QLBLVJ4L12022-2025 Animal Friends of the Valley Agreement - DRAFT 02.11.2022 Version2 docx 08/09/2021 41112 [ = Tasks to be Performed/Scope of Work The specific elements (scope of work) of this service include: Contractor shall operate and provide an animal control program for the City of Temecula consisting of, but not limited to, field services and licensing. Animal Friends of the Valleys will provide 1 '/Z full time Animal Control Officers, a fully equipped vehicle, and shelter for the City of Temecula animals. The Animal Control Officers will be serving the City of Temecula 12 hours per day, 5 days per week, as well as, after hours, weekends and emergency calls. Within this program, Contractor shall perform the following specific functions: a. Enforcement: Enforce all applicable provisions of the Temecula Municipal Code (Animal Control) and the Southwest Communities Financing Authority (SCFA) Memorandum of Understanding as it applies to sheltering requirements, as it exists during the term of this Agreement, including but not limited to: issuing of warning notices or citations as necessary for violations of such Ordinances. In the event, the City Municipal Code is amended, and such amendments would substantially alter the duties and responsibilities of Contractor under this Agreement, the parties hereto agree to meet and in good faith re- negotiate those terms and conditions of this Agreement affected by such amendments. b. Sheltering: Animals are to be sheltered exclusively at the Southwest Animal Shelter in accordance with Southwest Communities Financing Authority (SCFA) standards. c. Impound: Impound all animals caught at large and collect all impound fees assessed on behalf of the City; accept stray animals brought in by private citizens; provided, however, that identified, vaccinated, spayed, or neutered cats shall be released as required by the Temecula Municipal Code. d. Quarantine: Quarantine as prescribed by law all animals suspected to be rabid. e. Complaint Investigation & Resolution: Investigate and pursue action on complaints and/or reports of potential violations of Municipal Code relating to animals, including unnecessary noise, in accordance with such procedures adopted by the City; respond to requests from the City Code Enforcement Department, County Fire Department, and contract law enforcement provider for assistance with animal related situations. f. Dead Animals: Remove dead animals from the public right-of-way within City of Temecula limits and from other areas upon request. g. Potentially ❑an erousNicious Animals: In accordance with the City of Temecula Municipal Code, identify potentially dangerous and/or vicious animals and initiate the administrative or legal process for their control. h. Trapping & Removal: As limited by subsection (b), "Sheltering", respond to requests for assistance in the trapping and removal of domestic or wild animals, including coyotes, skunks, and possums, from public or private property. Contractor will offer advice in setting a trap in any enclosed space and will remove belongings or will maintain on -premises surveillance unless in the Officer's or his or her Supervisor's opinion there is a direct, clear and present danger to human life or injury. Identified cats will be released as required by City of Temecula Municipal Code. Contractor will provide traps but will not be required to provide vector control. Contractor shall charge a fee for traps as set out in the City's Animal Control Fee Schedule as approved by Council action. m Dog Licensing Contractor shall implement a comprehensive licensing program including conducting dog license inspections. Area -wide canvassing will be conducted as part of the field service activity. Contractor shall administer the current licensing provision of the City of Temecula Municipal Code. 1. Dog licenses shall be issued by mail, at the Animal Shelter, at vaccination clinics and by Animal Control Officers in the field. Contractor shall send renewal notices by mail to owners of currently licensed dogs and shall send an application for licensing when requested by owners. 2. Contractor shall, at Contractor's expense, provide the forms and tags for such licenses and shall affix a professionally prepared sign at the Animal Shelter stating applicable fees for licensing for the City of Temecula. 3. Contractor shall collect all license fees and penalties on behalf of the City of Temecula, issue receipts for all such fees collected and keep copies thereof. The remaining license revenue collected will be applied to the budget for City services under this Agreement. Revenue shortfalls, below the estimate, will be the responsibility of Animal Friends of the Valleys, Inc. 4. All Administrative citation revenue will be remitted to Animal Friends of the Valleys on a quarterly basis. 5. Contractor shall pursue collection and/or prosecution, if appropriate, to recover any fraudulent, delinquent, or worthless payment received as payment for dog licenses issued, including penalties. 6. Contractor shall cancel any dog license issued for which invalid payment was received and give notice of such cancellation to the license. 7. Contractor shall maintain such records in such form as required by the City's Finance Director to provide for proper cash management and for review and audit of the monies collected. Contractor shall furnish the City a monthly report detailing the licensing activities. 8. Contractor shall ensure microchipping in compliance with the Temecula Municipal Code once an anticipated City Ordinance is adopted relating to microchipping. Animal Bites: Investigate reported animal bites. Contractor may initially receive animal bite reports by telephone, but also shall respond in person to all reported bites by dogs or other suspected rabid or wild animals. Contractor shall take appropriate steps consistent with the circumstances of each separate incident to locate and quarantine the suspected animal(s) and/or assist the complained and/or injured party or parties to trap the suspected animal(s). Disposition of Unclaimed Animals: After notice and hearing as required, provide euthanasia service in a humane manner in accordance with procedures approved by the City Manager for unlicensed animals held for five (5) days and licensed animals held ten (10) days or more, if these animals are not reclaimed by their owner and are deemed unsuitable by the Officer for adoption. Clinics Make all necessary arrangements and conduct at least two (2) one -day clinics for at costs rabies vaccinations. At cost rabies vaccination shall be six dollars and no cents ($6.00). The clinic must be open to Temecula residents. Field Services: Assign one and one half (1 %2) service Officers appointed as Animal Control Officer. Routine field services will be provided as necessary within the hours limitation of this Agreement. The number of hours per week include, but are not limited to, routine mobile patrols, investigative and rescue time, court appearances and impoundment of dangerous, wild, injured, or loose animals. Contractor shall always assign a sufficient number of field services employees to duty to meet the needs of this Agreement. Contractor shall provide service of twelve (12) hours per day during such hours as W approved by the City Manager. Telephone service for members of the public shall be not less than eight (8) hours per day on a schedule approved by the City Manager. Emergency response shall be available twenty-four (24) hours per day, seven days per week as described in subparagraph (n). Contractor shall advise fire and law enforcement authorities serving the City of Temecula of the telephone numbers to access its services and shall cooperate with such authorities in developing the procedures necessary to provide after hour services. n. After -Hours: Provide a field service person either on duty or on call after regular hours as necessary to respond to emergency calls. The City and Contractor agree that any incident reported to Contractor or City staff, through the fire or law enforcement provider involving a dangerous, wild, or stray injured animal, constitutes an emergency and requires immediate action by Contractor. When the City Manager or his/her designee has reason to believe that an animal control emergency exists, the City Manager or his/her designee shall notify Contractor and request a prompt response. If Contractor fails to respond to such request within a reasonable time or fails to respond at all, the City shall request, in writing, that Contractor send to the City a written explanation giving the reason(s) for the delay in responding or the failure to respond. Contractors written explanation shall be submitted to the City Manager within two (2) working days from the date of the request for emergency service. This Agreement and the provisions herein shall not be construed to limit the interpretation of what constitutes an emergency and/or the need for a priority response. The following examples are illustrative of the need for an immediate response from the Contractor: 1. Request to remove a wild, dangerous or injured animal or animal(s) from an inhabited place or vehicle; 2. Reported animal bites involving loose animals; and, 3. Livestock, fowl, or game birds being attacked or killed by dogs, other animals or humans. o. Public Relations: Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and procedures not withstanding, Contractor in processing any type of complaint or request for service will indicate to the caller when a response can be expected from Contractor and how Contractor will respond. In the event an in -person response is appropriate to the specific situation, Contractor shall make such response by the end of the following business day. This provision shall be subordinate to shorter time limits specified elsewhere in this Agreement. p. Complaints Regarding Service: Cooperate with the City of Temecula to resolve any and all complaints filed with Contractor and/or the City pertaining to services provided under this Agreement. The City shall submit to Contractor, in writing, all complaints filed with the City concerning services provided by Contractor under this Agreement. Contractor shall report monthly, in writing, to the City the number of complaints received by Contractor directly or indirectly through the City pertaining to quality of service(s) under this Agreement. q. Legal: Coordinate with the City and City Attorney any inspection warrant, impounds, or potential dangerous/vicious animal hearings or court actions. r. Records: Maintain and keep timely, complete, and accurate records of the receipt and disposition of all animals delivered into its custody. Contractor will file a report with the law enforcement provider within twenty-four (24) hours if an impound animal is missing or suspected to have been stolen. Contractor shall indicate on the Police report the circumstances of the animal's disappearance and make available to the City Manager the designated report or file number. m s. Communications Equipment: Contractor agrees to provide radio equipment and frequency as necessary for effective performance of its obligations hereunder and in order to provide law enforcement back-up for its field personnel. t. Other Equipment: Contractor shall provide and pay for all vehicle(s) and equipment necessary for the performance of this Agreement and shall be responsible for maintenance of such vehicle(s) and equipment, including the installation and removal of the paging or radio equipment described in Paragraph (s) of this section. Contractor shall be responsible for all costs relating to theft, vandalism, or destruction of said equipment by fire, accident, or intentional acts. u. Personnel & Supplies: Contractor shall provide all personnel, supplies and equipment necessary for the efficient and effective operation of the Animal Shelter and animal control services and programs provided for herein, including, but not limited to Animal Control Officers, clerical staff, license tags and forms, citation forms, notices, and all necessary stationery, envelopes, and postage. Animal Control Officers will complete the required training in accordance with Penal Code 832 or its equivalent, and such other training as may be required by law, before being issued a badge and given the authority to perform Animal Control duties. Humane Officers will complete the required training in accordance with Corporations Code 14502. v. Attendance At Meetings: Provide input and coordination on amendment of City animal control fees and ordinances and shall attend City Council and other City meetings as required or requested to do so. 1. Contractor's Executive Director and the City Manager and/or his designee shall meet not less than quarterly to discuss Agreement performance. w. Reportinc1 Contractor shall provide and maintain on file or within records all reporting regarding statistics and services related to services provided per this Agreement and provide any reports requested by the City as outlined below, but not limited to: 1. Contractor shall furnish the City monthly reports detailing shelter, field, licensing, and identification activities, including a summary of the utilization of field service employees' hours as required and outlined in the Scope of Services and any legal notifications and requirements as outlined in Section (q). 2. Contractor shall maintain and keep records of all expenditures and obligations incurred pursuant to this Agreement and all income and fees received according to generally recognized accounting principles. Such records shall be maintained by Contractor for a minimum of four (4) years following the termination of this Agreement unless a lesser period is approved, in writing, by the City Manager. The records and/or animal control operations of Contractor shall be open to inspection and audit by the City or its authorized representative as is deemed necessary by the City upon reasonable notice to Contractor. Contractor shall provide the City a copy of Contractors full Annual Financial Statement immediately upon completion thereof, but in no case later than six (6) months after the close of each fiscal year. x. Continuing Programs: Contractor shall implement and maintain the following programs on a continual basis during the term of this Agreement: 1. Public School presentations 2. Spay/Neuter/Microchip subsidy programs for low-income City of Temecula citizens when funds are available. 3. Cable television, website and social media announcements, information, and educational messages. 4. Ordinance review and changes aimed at ending pet overpopulation. 5. Animal Rescue Plan for domestic animals during a disaster. 12 6. Animal Control Officer services. 7. A future microchipping program, once adopted by the Temecula City Council. Y. Policy & Procedure Consultation: Contractor shall consult with the City and on any policy/procedure that affects Temecula animals, which shall be approved by the City Manager prior to implementation. z. License Fees: Contractor shall charge License Fees for doss within the Citv as follows: 1. Altered dogs $15.00 for 1 year. 2. Altered dogs $20.00 for 2 years. 3. Altered dogs $25.00 for 3 years. 4. Unaltered dogs $35.00 for 1 year. 5. Unaltered dogs $70.00 for 2 years. 6. Unaltered dogs $105.00 for 3 years Late Payment Penalty Fee: $20.00 per license Special rates for Senior citizens of Temecula: 1. All dogs $5.00 for 1 year. 2. All dogs $10.00 for 2 years. 3. All dogs $12.00 for 3 years. Late Payment Penalty Fee: Unaltered Dog: $20.00 per license Altered Doq: $15.00 per license 13 FISCAL YEAR EXHIBIT B Payment Rates and Schedule CPI ADJUSTMENT (NOT MONTHLY AMOUNT TO EXCEED 2.5%)' (NOT TO EXCEED) 2022-2023 NOT APPLICABLE 2023-2024 NOT TO EXCEED 2.5% 2024-2025 1 NOT TO EXCEED 2.5%. $10, 500.00 CALCULATED WITH CPI ADJUSTMENT NOT TO EXCEED $10,762.50 CALCULATED WITH CPI ADJUSTMENT, NOT TO EXCEED $11,031.56 ANNUAL AMOUNT NOT TO EXCEED $126, 000.00 $129,150.00 $132, 378.72 TOTAL AGREEMENT AMOUNT SHALL NOT EXCEED $387,528.72 The CPI adjustment shall be calculated as the percentage change in the Annual Consumer Price Index for Urban and Clerical Workers (CPI-W) for all items in Riverside -San Bernardino - Ontario, CA for the prior calendar year as compared to the Annual CPI-W of two calendar years prior not exceed 2.5%. If the CPI adjustment is negative, the monthly/annual amount shall not be reduced from the previous Fiscal Year. 14 Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 26, 2022 SUBJECT: Approve Local Road Safety Plan (LRSP) Report PREPARED BY: Anissa Sharp, Office Specialist II Nick Minicilli, Senior Traffic Engineer RECOMMENDATION: That the City Council approve the Local Road Safety Plan (LRSP) Report. BACKGROUND: The Local Road Safety Plan (LRSP) is a comprehensive plan to reduce fatal and severe collisions on City roadways. The LRSP document is required for eligibility on future state and federal grant programs. The LRSP creates a framework to systematically identify and analyze roadway safety problems and recommend prioritized safety improvements through collision analysis and collaborative input. The City received grant funding to develop the LRSP document and staff utilized a consultant (STC Traffic) to complete the report. City staff worked with various stakeholders include Public/Traffic Safety Commissioners, Temecula Police Department, and several City Departments in development of the LRSP document. The culmination of accident reviews and coordination with the stakeholders has resulted in a document that summarizes a prioritized list of issues, risk, actions and improvements that can be used to reduce fatalities and serious injuries on Temecula roadways. At the meeting of February 24, 2022, the Public/Traffic Safety Commission considered the Local Road Safety Plan and approved (4-0) the staff recommendation that the Commission approve the full report for presentation to Council. FISCAL IMPACT: None ATTACHMENTS: City of Temecula Local Road Safety Plan LOCAL ROAD SAFETY PLAN February 2022 Report ACKNOWLEDGEMENTS City of Temecula Team Nick Minicilli, Senior Civil Engineer Erick Escobedo, Assistant Engineer II Safety Partners emecula rublic/Traffic Safety Commission (PTSC) Robert Carter, Commissioner James J. Richardson, Commissioner Bradley Sullivan, Commissioner David Matics, Commissioner (emecula Police Department/ Riverside County Sheriff's Department Consultant Team STC Traffic Jason Stack, Principal Manager Stephen Manganiello, Project Manager Ashley Adamos, Project Engineer Myles Baidy, Project Engineer LOCAL ROAD SAFETY PLAN TABLE OF CONTENTS 1 Introduction..................................................................................................................... 1 1.1 Temecula at a Glance.................................................................................................................... 2 1.2 City Initiatives................................................................................................................................4 1.3 Local Road Safety Plan Process..................................................................................................... 5 1.4 Local Road Safety Plan Vision, Mission, and Goals.......................................................................5 1.5 Safety Partners.............................................................................................................................. 6 2 Collision Analysis.............................................................................................................. 9 2.1 Crash Data and Methodology.......................................................................................................9 2.2 Annual Trends...............................................................................................................................9 2.3 Equivalent Property Damage Only Scoring(EPDO).....................................................................35 2.4 Key Findings................................................................................................................................ 50 3 Countermeasure Toolbox............................................................................................... 51 3.1 Engineering................................................................................................................................. 52 3.2 Education.................................................................................................................................... 57 3.3 Enforcement............................................................................................................................... 61 3.4 Emergency Response.................................................................................................................. 64 3.5 Emerging Technology.................................................................................................................. 65 3.6 2020-2024 California SHSP Implementation Plan....................................................................... 66 4 Priority Projects.............................................................................................................. 68 4.1 Citywide Pedestrian Countdown Signal Head Upgrades............................................................ 68 4.2 Citywide Traffic Signal Hardware Upgrades................................................................................ 68 4.3 Installation of Dynamic Variable Speed Warning Systems......................................................... 68 4.4 Signal Timing and Communication Upgrades.............................................................................68 5 Implementation and Evaluation..................................................................................... 70 5.1 Implementation..........................................................................................................................70 5.2 Evaluation...................................................................................................................................71 5.3 Future LRSP Updates...................................................................................................................71 LOCAL ROAD SAFETY PLAN I ii LIST OF APPENDICES Appendix A................................................................................................... Stakeholder Packet Responses Appendix 6........................................................................California Office of Traffic Safety (OTS) Rankings Appendix C....................................................................................... Engineering Countermeasure Toolbox Appendix D......................................................................................................... Priority Project Summaries LIST OF FIGURES Figure1-1 Vicinity Map................................................................................................................................. 2 Figure1-2 Study Area.................................................................................................................................... 3 Figure 2-1 Annual Crash Trend(2016-2020)...............................................................................................10 Figure 2-2 Citywide Collisions by Location Type (2016-2020)....................................................................13 Figure 2-3 Citywide Collisions by Crash Severity(2016-2020)....................................................................14 Figure 2-4. Citywide Fatal and Severe Collisions(2016-2020)....................................................................15 Figure 2-5. Citywide Collisions by Crash Type(2016-2020)........................................................................17 Figure 2-6. Citywide Collisions by Primary Collision Factor Violation Category (2016-2020) ..................... 20 Figure 2-7. Unsafe Speed Related Collisions by Roadway User Involvement and Severity (2016-2020) ... 25 Figure 2-8. Citywide Collisions by Roadway User Involvement (2016-2020).............................................26 Figure 2-9 Roadway User Involvement by Severity (2016-2020)...............................................................28 Figure 2-10 Fatal and Severe Injury Collisions by Roadway User Involvement (2016-2020) ...................... 29 Figure 2-11. Motorcycle Collisions by Severity (2016-2020)...................................................................... 32 Figure 2-12 Crash Severity by Time Period (2016-2020)............................................................................. 33 Figure 2-13. Citywide Nighttime Crashes(2016-2020)...............................................................................34 Figure 2-14 Citywide EPDO Scoring............................................................................................................ 36 Figure 2-15 Signalized Intersections EPDO Scoring....................................................................................40 Figure 2-16 Priority Signalized Intersections..............................................................................................41 Figure 2-17 Unsignalized Intersections EPDO Scoring................................................................................43 Figure 2-18 Priority Unsignalized Intersections..........................................................................................44 Figure 2-19 Roadway Segments EPDO Scoring...........................................................................................48 Figure 2-20 Priority Roadway Segments.....................................................................................................49 Figure 3-1 Citywide Collisions by Primary Collision Factor (2016-2020)....................................................63 LOCAL ROAD SAFETY PLAN I iii LIST OF TABLES Table 2-1 City of Temecula OTS Crash Rankings (2016-2018)....................................................................11 Table 2-2 OTS Crash Rankings (2018).........................................................................................................11 Table 2-3 Citywide Collisions by Location Type (2016-2020).....................................................................12 Table 2-4. Citywide Collisions by Crash Severity(2016-2020)....................................................................13 Table 2-5. Citywide Crash Severity by Location (2016-2020).....................................................................16 Table 2-6 Citywide Collisions by Crash Type (2016-2020)..........................................................................16 Table 2-7 Citywide Crash Type by Severity (2016-2020)............................................................................17 Table 2-8 Citywide Crash Type by Location(2016-2020)............................................................................18 Table 2-9 Citywide Collisions by Primary Collision Factor Violation Category(2016-2020).......................19 Table 2-10 Primary Collision Factor Violation Category by Severity(2016-2020)...................................... 21 Table 2-11 Citywide Primary Collision Factor Violation Category by Location (2016-2020) ...................... 22 Table 2-12 Unsafe Speed Crash Type by Location (2016-2020)................................................................. 23 Table 2-13 Unsafe Speed Roadway User Involvement by Severity(2016-2020)........................................24 Table 2-14 Citywide Collisions by Roadway User Involvement(2016-2020)..............................................26 Table 2-15 Roadway User Involvement by Severity(2016-2020)...............................................................27 Table 2-16 Motorcycle Crash Severity (2016-2020)................................................................................... 30 Table 2-17 Motorcycle Crash Location(2016-2020)................................................................................... 30 Table 2-18 Motorcycle Crash Type(2016-2020)......................................................................................... 30 Table 2-19 Motorcycle Primary Collision Factor Violation Category by Severity(2016-2020)...................31 Table 2-20 Citywide Nighttime Collision Severity by Location(2016-2020)...............................................33 Table 2-21 Crash Weights by Severity and Location Type.......................................................................... 37 Table 2-22 Top Quintile Signalized Intersections by EPDO Score...............................................................38 Table 2-23 Top Quintile Unsignalized Intersections by EPDO Score...........................................................42 Table 2-24 Top Quintile Unsignalized Intersections by EPDO Score...........................................................45 Table 3-1 Signalized Intersection Countermeasures.................................................................................. 53 Table 3-2 Non -signalized Intersection Countermeasures........................................................................... 54 Table 3-3 Roadway Countermeasures........................................................................................................55 Table4-1 Priority Projects........................................................................................................................... 69 LOCAL ROAD SAFETY PLAN I iv LIST OF ACRONYMS ADA.............................................................................. ARIDE.................................................................... BCR....................................................................... CA......................................................................... ............................... Americans with Disabilities Act Advanced Roadside Impaired Driving Enforcement ................................................... Benefit Cost Ratio ................................................................. California CaISTA............................................................................................. California State Transportation Agency Caltrans.........................................................................................California Department of Transportation CHP....................................................................................................................... California Highway Patrol CMF..................................................................................................................... Crash Modification Factor CRF........................................................................................................................... Crash Reduction Factor DRE.................................................................................................................. Drug Recognition Evaluation DUI..................................................................................................................... Driving Under the Influence DUITT................................................................................... Driving Under the Influence Terminator Team DVMT.............................................................................................................. Daily Vehicle Miles Travelled EPDO....................................................................................................... Equivalent Property Damage Only EVPE.......................................................................................................... Emergency Vehicle Pre-emption FHWA........................................................................................................ Federal Highway Administration GIS............................................................................................................... Geographic Information System GPS...................................................................................................................... Global Positioning System HAWK....................................................................................... High -Intensity Activated Crosswalk Beacon HOA..................................................................................................................... Home Owners Association HSIP................................................................................................ Highway Safety Improvement Program IISNS............................................................................................... Internally Illuminated Street Name Sign IR...................................................................................................................................................... Infrared LED............................................................................................................................... Light Emitting Diode LPI...................................................................................................................... Leading Pedestrian Interval LRSM............................................................................................................. Local Roadway Safety Manual LRSP........................................................................................................................... Local Road Safety Plan NACE............................................................................................ National Association of County Engineers LOCAL ROAD SAFETY PLAN I v NHTSA............................................................................... National Highway Traffic Safety Administration NCSR........................................................................................................ National Coalition for Safer Roads OTS.............................................................................................................. Office of Transportation Safety PCF......................................................................................................................... Primary Collission Factor PDO........................................................................................................................... Property Damage Only PSC............................................................................................................... Proven Safety Countermeasure PTSC........................................................................................................ Public / Traffic Safety Commission RCSD................................................................................................ Riverside County Sheriff's Department RRFB...................................................................................................... Rectangular Rapid Flashing Beacon RSO......................................................................................................................... Riverside Sheriff's Office SCAG................................................................................ Southern California Association of Governments SHSP.............................................................................................................. Strategic Highway Safety Plan SIC......................................................................................................................... Signal Interconnect Cable SWITRS.................................................................................. Statewide Integrated Traffic Records System TIMS................................................................................................ Transportation Injury Mapping System TNC......................................................................................................... Transportation Network Company TPD.................................................................................................................. Temecula Police Department TRIP.............................................................................................................. Traffic Restrictions In Progress TSM........................................................................................................................ Traffic Safety Marketing USDOT................................................................................... United States Department of Transportation V21......................................................................................................................... Vehicle -to -Infrastructure V2P............................................................................................................................. Vehicle -to -Pedestrian V2V................................................................................................................................... Vehicle -to -Vehicle LOCAL ROAD SAFETY PLAN I vi The Temecula Local Road Safety Plan (LRSP) was prepared within the governance of United States Code Title 23, Section 148 — Highway Safety Improvement Program (h) (4): "DISCOVERY AND ADMISSION INTO EVIDENCE OF CERTAIN REPORTS, SURVEYS, AND INFORMATION.- Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for any purpose relating to this section, shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location identified or addressed in the reports, surveys, schedules, lists, or other data." [23 U.S.C. §148(h) (4)] United States Code Title 23, Section 409 — Discovery and Admission of Evidence of Certain Reports and Surveys: "Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential accident sites, hazardous roadway conditions, or railway -highway crossings, pursuant to sections 130, 144, and 148 of this title or for the purpose of developing any highway safety construction improvement project which may be implemented utilizing Federal -aid highway funds shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data." [23 U.S.C. §409] LOCAL ROAD SAFETY PLAN I vii 1 INTRODUCTION The California Department of Transportation (Caltrans) established the Local Road Safety Plan (LRSP) program in 2019 to provide funding to local agencies for developing a framework for identifying, analyzing, and prioritizing roadway safety improvements. The LRSP program was developed to contribute to the success of the 2020-2024 California Strategic Highway Safety Plan (SHSP) which provides a statewide, comprehensive, data -driven effort to reduce fatalities and serious injuries across all travel modes and on all public roads, while addressing the unique safety needs in their jurisdictions. The California SHSP includes strategies based on the "5E's" of traffic safety (Engineering, Enforcement, Education, Emergency Response, and Emerging Technologies) and addresses 16 challenge areas: • Aggressive Driving 0 Emergency Response • Aging Drivers (>65) 0 Emerging Technologies • Bicyclists 0 Impaired Driving • Commercial Vehicles • Intersections • Distracted Driving 0 Lane Departures • Driver Licensing • Motorcyclists • Occupant Protection • Pedestrians • Work Zones • Young Drivers (15-20) The City of Temecula was selected as one of 273 local agencies statewide to receive LRSP funding, as of October 2021. Development of the Temecula LRSP will qualify the City to meet Caltrans eligibility requirements for Highway Safety Improvement Program (HSIP) grant funding, which will be required for Cycle 11 and is anticipated in April 2022. The City has been pursuing HSIP grant funding for roadway safety infrastructure improvements since 2015 during Cycle 7 and has been successful in obtaining over $2.6 million in HSIP grant awards. LOCAL ROAD SAFETY PLAN 1 1 Figure 1-1 Vicinity Map Perris 15 Canyon Menifee Lake Lake Elsinore 74 Goo Wildomar D�a Murrieta 15 Fallbrook Winchester 76 Hemet 79 Riverside County San Diego County Aguanga Palomar Pauma Mountain Valley 371 Pacific Ocean Oceanside Hidden Meadows Valley Vista Center 1.1 Temecula at a Glance Temecula is a City located in the southwestern portion of Riverside County and is bounded by the City of Murrieta, unincorporated San Diego County, and unincorporated Riverside County lands, as illustrated in Figure 1-1. The City encompasses 37.3 square miles and is traversed north -south by Interstate 15 (1-15) in the western part of the City and California State Route 79 (SR-79) / Temecula Parkway in the southern part of the City. Temecula operates and maintains 127 signalized intersections and 395 paved lane miles of public streets. Figure 1-2 illustrates the project study area. Temecula has a population of approximately of 110,000 according to 2020 Census estimates and is the fifth largest City in the Riverside County. LOCAL ROAD SAFETY PLAN 1 2 Figure 1-2 Study Area it City Hall Freeways School Traffic Signals Major Roads Parks All Roads r-1 Temecula Boundary LOCAL ROAD SAFETY PLAN 1 3 1.2 City Initiatives The City has been proactive in establishing plans, programs, and policies that support prioritizing roadway decongestion and safety. The City's commitment has been documented in the City's General Plan, Quality of Life Master Plan 2030, and Multi -Use Trails and Bikeways Master Plan. The development of the Temecula LRSP supports the existing documentation and the overarching vision to create a safer and more efficient community. The following are descriptions of current plans and policies that demonstrate the City's commitment to improving their roadway system and safety for all users that co -align with the vision and goals of this LRSP. General Plan The City's General Plan was initially created in 1993 and most recently updated in 2005. The General Plan identifies reducing traffic congestion and striving for efficient traffic circulation and transportation as one of the City's primary goals. Additionally, the plan recognizes the need to promote safe and efficient alternatives to motorized travel throughout the City which is shown through policies such as: Installing traffic calming measures on residential streets. • Establishing public education and enforcement programs to promote safe driving on the community. • Requiring vehicular, pedestrian, and bicycle traffic be separated to the maximum extent feasible. Quality of Life Master Plan The Quality of Life Master Plan reflects the vision, long-term goals, and strategic priorities of Temecula's residents, leaders, and partners of the City of Temecula. The plan is a crucial part of not only maintaining the City's quality of life, but also in taking a proactive approach to identify specific community needs, goals, and possible improvements. The Plan identifies transportation as a focus area for improvement in order to provide equitable, safe mode choices for all, including vulnerable roadway users. Multi -Use Trails and Bikeways Master Plan The City adopted the Multi -Use Trails and Bikeways Master Plan in 2016 to promote a safe, convenient, and efficient environment for bicycle and pedestrian travel that encourages the use of public streets and off-street facilities. The Plan provides a comprehensive implementation strategy for the City of Temecula that identifies connecting urban trails / sidewalks between high -priority neighborhoods and key community destinations such as parks and recreation, hospitals, and local retail in Temecula. LOCAL ROAD SAFETY PLAN 1 4 1.3 Local Road Safety Plan Process Development of the Temecula LRSP follows Caltrans guidelines, which are based on the United States Department of Transportation (USDOT) Federal Highway administration (FHWA)'s cyclical six -step process: 1. ESTABLISH LEADERSHIP: • Establish local partnerships with representatives from the 5E's of traffic safety: engineering, enforcement, education, emergency response, and emerging technologies • Define Temecula LRSP vision, mission, and goals 2. ANALYZE SAFETY DATA: • Crash and Roadway Data Collection • Crash Data Analysis • Roadway Network Screening 3. DETERMINE EMPHASIS AREAS: • Identify priority areas based on crash data analysis and roadway network screening 4. IDENTIFY STRATEGIES: • Identify safety countermeasures and strategies • Develop countermeasure toolbox 5. PRIORITIZE AND INCORPORATE STRATEGIES: • Apply countermeasures and strategies to develop safety projects • Evaluate and prioritize safety projects by benefit cost ratio • Implement roadway safety improvement projects and programs 6. EVALUATE AND UPDATE: • Monitor progress of roadway safety improvement projects and programs • Evaluate success of countermeasure toolbox, projects, and programs • Review LRSP and update to reflect local changing needs and priorities 1.4 Local Road Safety Plan Vision, Mission, and Goals The Temecula Local Road Safety Plan was developed based on alignment with the California SHSP, Caltrans LRSP and HSIP programs, feedback from safety partners from the 5E's of traffic safety (Engineering, Enforcement, Education, Emergency Response, and Emerging Technologies), and the City's existing safety plans, policies, and efforts. The Plan is guided by the core principles that strive to alleviate traffic LOCAL ROAD SAFETY PLAN 1 5 congestion, reduce traffic fatalities and severe injuries, and provide a safe roadway system for all roadway users including vehicles, pedestrians, and bicyclists. The following sub -section identifies the key Vision, Mission, and Goals set forth in the Temecula LRSP. Provide a safe roadway system for all Temecula roadway users including vehicles, pedestrians, and bicyclists Systemically implement proven safety countermeasures based on the 5E's of traffic safety (engineering, enforcement, education, emergency response, and emerging technologies) to improve safety and reduce crashes on Temecula roadways • Reduce fatal and severe injury crashes towards zero • Reduce collision severity by reducing crashes that involve pedestrians, bicyclists, and/or alcohol or drug impairment • Reduce collisions that involve rear end, broadside, and hit object • Reduce collisions that are primarily caused by unsafe speed, improper turning, and automobile right-of-way violations • Engage with Safety Partners from the 5E's of traffic safety to create a culture within the City of Temecula that plans, designs, and implements roadway safety strategies identified in the Temecula LRSP 1.5 Safety Partners Local safety partners representing the 5E's of traffic safety (engineering, enforcement, education, emergency response, and emerging technologies) were engaged to collaboratively address roadway safety in Temecula. Participants included representatives from: • Temecula Public / Traffic Safety Commission (PTSC) • Temecula Public Works Department • Temecula Traffic Engineering Division • Temecula Police Department Three safety partner meetings were conducted and the crash data analysis, further discussed in Section 2 of the LRSP, was reviewed for annual citywide trends for cash location, severity, type, primary collision factor, and roadway user involvement. Priority locations for signalized intersections, unsignalized intersections, and roadway segments were presented. Outreach packets were distributed to the safety partners which included LRSP program background information, citywide crash analysis and network screening results, identified priority locations, and requests for feedback. LOCAL ROAD SAFETY PLAN 1 6 WHAT IS A LOCAL ROAD SAFETY PLAN [LRSP!? Comprehensive plan to reduce fatal and severe collisions and is required for eligibility of state and federal grant programs ❖ Creates a framework to systematically identify and analyze roadway safety problems and recommend prioritized safety improvements through collision analysis and collaborative input Addresses 5E's of traffic safety: Engineering, Enforcement, Education, Emergency Services, and Emerging Technologies. •:• Supports the City's Quality of Life Master Plan 2030, Circulation Element, Multi -Use Trails and Bikeways Master Plan, Capital Improvement Program, Drive Safe Temecula initiative, Public Works Department Traffic Safety Brochure, and the Traffic Engineering Division's Traffic Information and Public Safety explanatory brochures Feedback was obtained on the priority areas identified through collision data analysis and areas with safety issues that did not have a history of reported collisions but are known by the safety partners to have frequent observance of "near -misses" or observance of high -risk behaviors such as vehicular speeding or pedestrian jaywalking, particularly around Temecula schools. AppendixA provides a summary of the stakeholder packet feedback responses from the safety partners which generally included: • Desire for pedestrian safety improvements including pedestrian countdown heads; ADA enhancements citywide; pedestrian crossing enhancements especially near schools; intersection lighting; safe routes to schools and parks; and new sidewalks, multi -use paths, and trails. • Desire for bicycle safety improvements including conducting bicycle rodeos and community bicycle safety training; completing bikeway and trail gaps, colored pavement for bike lanes to highlight bikeways, bollards to change buffered bikes lanes into protected bike lanes, ensuring sensor -loops detect bicycles at signalized lights, implementation of bicycle signal heads along major bicycling corridors. • Desire for enforcement of speeding; DUI enforcement programs; improving sight distance at intersections; emergency vehicle pre-emption systems; road diets on residential roadways; LOCAL ROAD SAFETY PLAN 1 7 addressing U-turn conflicts and near misses; and improving areas where speeding/distracted vehicles interact with pedestrians and bicyclists. • Consensus with priority signalized intersections, unsignalized intersections, and roadway segments with additional feedback provided for the roadway safety issues attributed with specific intersection locations and / or roadway corridors. As seen above, engagement with stakeholders provided a copious amount of useful feedback. Through this process, it was identified that several of the priority locations and safety improvements from the safety partners feedback align with the priority projects presented in the LRSP. Additionally, many of the locations identified by the safety partners aligned with the priority locations presented in the LRSP based on crash analysis and severity. Locations that were identified as experiencing high levels of complaints but had a history of low crash incidence and / or severity will be analyzed in future LRSP updates for inclusion in systemic projects. The Temecula LRSP is considered a living document and will be updated to meet compliance with Caltrans HSIP eligibility requirements. Future updates to the LRSP will utilize the feedback received from the safety partners to refine future LRSP processes, the countermeasure toolbox, and priority project development. LOCAL ROAD SAFETY PLAN 1 8 2 COLLISION ANALYSIS 2.1 Crash Data and Methodology Crash data was obtained from the California Statewide Integrated Traffic Records System (SWITRS) database, the University of California, Berkeley, Transportation Injury Mapping System (TIMS) database, and the City of Temecula's local Crossroads crash database. The most recent five (5) years of crash data were obtained from January 1, 2016 to December 31, 2020. Crashes were cross-referenced and geolocated to the local street network in a Geographic Information System (GIS) to create a comprehensive data set. There were 3,813 total collisions during the study period, which includes 1,917 fatal and injury collisions and 1,896 Property Damage Only (PDO) collisions. The crash data were analyzed to identify citywide crash patterns and trends based on the following crash characteristics: • Annual Trends • California Office of Transportation Safety (OTS) Citywide Traffic Rankings • Location Type • Severity • Crash Type • Primary Collision Factor • Roadway User Involvement • Nighttime Crashes 2.2 Annual Trends Figure 2-1 shows the total number of crashes per year in the City of Temecula from 2016 to 2020 for fatal and severe injury collisions, non -severe injury collisions, and property damage only (PDO) collisions. The trendline shows the total number of crashes in Riverside County by year. The City's annual crash trends follow a similar pattern to the County's crash trends, which show a slight decline in overall crashes between the years 2016 and 2019. In the year 2020, total crashes decreased significantly in the County (41%) as compared to a less significant decrease in the City (18%) as compared to the previous year. The City of Temecula has shown a steady decline in severe injury collisions, non -severe injury collision, and PDO collisions year -over year. In 2020, the Covid-19 pandemic significantly affected travel patterns throughout the region and country due to emergency stay-at-home orders, resulting in a significant decrease of average daily traffic. While less drivers were reported on the roadway, the US reported a significant increase in fatalities during this LOCAL ROAD SAFETY PLAN 1 9 time'. According to the US Department of Transportation's National Highway Traffic Safety Administration, an analysis showed that the main reasons that drove this increase included more risky behaviors such as: impaired driving, speeding and failure to wear a seat belt. Similar trends could be seen taking place in the City of Temecula which also experienced an increase in fatalities in 2020. Further analysis of crash trends and primary collision factors are examined in the following sections. Figure 2-1 Annual Crash Trend (2016-2020) 1,400 10,748 10,794 10,556 L I 10,359 1,200 \ 1,000 § 4 N 800 r 1 u 600 378 E w 400 200 0 4 5 21 3 13 399 367 0 2016 2017 2018 Year PDO Non -Severe Injury Severe Injury 3 2019 12,000 10,000 8,000 6✓,160 S 6,000 4,000 2,000 0 2020 Fatal Riverside County 2.2.1 California Office of Traffic Safety Citywide Traffic Rankings The California Office of Traffic Safety (OTS) maintains a ranking system to compare traffic safety statistics among similarly sized California cities. Citywide rankings are based on population, daily vehicle miles traveled (DVMT), crash records, and crash trends from data collected by SWITRS, Caltrans, the California Department of Justice, and the Department of Finance. A ranking of one (1) in a category indicates the lowest possible traffic safety performance in relation to other similarly -sized cities. A comparison of California OTS rankings allows cities to identify local trends relative to their peers. The City of Temecula is in "Group B" which consists of cities with populations between 100,001 and 250,000 people. Table 2-1 summarizes how Temecula compares to other Group B peer cities from 2016 to 2018. Due to fluctuations in populations, Temecula was one of 58 Group B cities in 2016 and 2017, and one of 59 Group B cities in 2018. ' N. H. T. S. A. (2021, June 3). 2020 fatality data show increased traffic fatalities during pandemic. NHTSA, https://www.nhtsa.gov/press-releases/2020-fatality-data-show-increased-traffic-fatalities-during-pandemic LOCAL ROAD SAFETY PLAN 1 10 Table 2-1 City of Temecula OTS Crash Rankings (2016-2018) CATEGORYOTS Total Fatal and Injury 26/58 1 33/58 31/59 Alcohol Involved 49/58 48/58 32/59 Had Been Drinking Driver < 21 54/58 41/58 39/59 Had Been Drinking Driver 21— 34 53/58 39/58 35/59 Motorcycles 5/58 6/58 1/59 Pedestrians 40/58 42/58 41/59 Pedestrians < 15 42/58 32/58 28/59 Pedestrians 65+ 53/58 41/58 7/59 Bicyclists 52/58 34/58 41/59 Bicyclists < 15 30/58 23/58 8/59 Composite 48/58 39/58 38/59 Speed Related 7/58 7/58 5/59 Nighttime (9:00pm — 2:59am) 50/58 48/58 52/59 Hit and Run 48/58 48/58 49/59 DUI Arrests 20/58 30/58 N/A* Bold = Temecula's Top 3 Lowest Crash Ranking OTS Categories *2018 DUI Arrest Ranking Data not available on CA Office of Traffic Safety website Based on the most recent available OTS rankings from 2018, Table 2-2 summarizes how Temecula compares to Moreno Valley and Murrieta, other local Group B peer cities in Riverside County. Data tables for the OTS rankings are provided in Appendix B. Table 2-2 OTS Crash Rankings (2018) CATEGORY2018 OTS Total Fatal and Injury OTS RANKING 31/59 .• OTS RANKING 54/59 OTS RANKING 55/59 Alcohol Involved 32/59 55/59 50/59 Had Been Drinking Driver < 21 39/59 43/59 28/59 Had Been Drinking Driver 21— 34 35/59 52/59 42/59 Motorcycles 1/59 56/59 35/59 Pedestrians 41/59 56/59 58/59 Pedestrians < 15 28/59 41/59 59/59 Pedestrians 65+ 7/59 58/59 47/59 Bicyclists 41/59 54/59 53/59 Bicyclists < 15 8/59 46/59 28/59 Composite 38/59 56/59 52/59 Speed Related 5/59 44/59 47/59 Nighttime (9:00pm — 2:59am) 52/59 55/59 58/59 Hit and Run 49/59 51/59 55/59 DUI Arrests* N/A N/A N/A Bold = Temecula's Too 3 Lowest Crash Rankine OTS Categories *2018 DUI Arrest Ranking Data not available on CA Office of Traffic Safety website LOCAL ROAD SAFETY PLAN 1 11 Key OTS Crash Ranking findings include: Top 3 lowest 2016 OTS rankings for Temecula were: collisions where motorcycles were involved, collisions where speed was the primary factor, and driving under the influence (DUI) arrests. • Top 3 lowest 2017 OTS rankings for Temecula were: collisions where motorcycles were involved, collisions where speed was the primary factor, and collisions where a bicyclist under the age of 15 was involved. • Top 3 lowest 2018 OTS rankings for Temecula were: collisions where motorcycles were involved, collisions where speed was the primary factor, and collisions where a pedestrian over the age of 65 was involved. • OTS categories for collisions where a motorcycle was involved and collisions where speed was the primary factor were in the top 3 lowest rankings for Temecula for the years 2016, 2017, and 2018. • Temecula performed worse than Murrieta in 2018 OTS rankings except for collisions where the driver had been drinking and under the age of 21. Temecula performed worse than Moreno Valley in all 2018 OTS ranking categories. 2.2.2 Location Type Table 2-3 and Figure 2-2 summarize the proportion of citywide crashes by location type, which includes signalized intersections, unsignalized intersections, and roadway segments. Unsignalized intersections included any at -grade junction of two or more public roads that are not controlled by a traffic signal, including uncontrolled, yield -control, and stop -controlled intersections. For signalized and unsignalized intersections, a sphere of influence of 250 feet was used when considering if an accident would be attributed to an intersection. If a crash occurred outside of the 250-foot sphere of influence of an intersection, then the crash would be considered part of a segment. Most crashes occurred at intersections (77%) which includes signalized intersections (52%) and unsignalized intersections (25%). Table 2-3 Citywide Collisions by Location Type (2016-2020) Signalized Intersection 1980 (52%) Unsignalized Intersection 970 (25%) Roadway Segment 863 (23%) Total Crashes 3813 LOCAL ROAD SAFETY PLAN 1 12 Figure 2-2 Citywide Collisions by Location Type (2016-2020) ■ Signalized Intersection 41 ■ Unsignalized Intersection ■ Roadway Segment 25 % 2.2.3 Severity Table 2-4 and Figure 2-3 summarize the proportion of citywide crashes by severity for fatal, severe injury, and non -severe injury collisions including other visible injury and complaint of pain. Most collisions resulted in property damage only (50%) followed by non -severe injuries (48%), severe injuries (2%), and fatalities (<1%). Table 2-4. Citywide Collisions by Crash Severity (2016-2020) Fatal 20 (<1%) Severe Injury 83 (2%) Other Visible Injury 1398 (37%) Complaint of Pain 416 (11%) roperty Damage Only 1896 (50%) 3813 Total Crashes LOCAL ROAD SAFETY PLAN 1 13 Figure 2-3 Citywide Collisions by Crash Severity (2016-2020) <1 50 ■ Fatal ■ Severe Injury ■ Other Visible Injury ■ Complaint of Pain Property Damage Only Table 2-5 summarizes the proportion of crash severity by location for signalized intersections, unsignalized intersections, and roadway segments. Intersection collisions resulted in the most fatal and severe injuries including signalized intersections (<1% fatal and 2% severe injury of total collisions) and unsignalized intersections (<1% fatal and 2% severe injury of total collisions). Roadway segment collisions included 1% fatal and 3% severe injury of total collisions. Figure 2-4 illustrates where these fatal and severe collisions have occurred. LOCAL ROAD SAFETY PLAN 1 14 J 11 'S� ■I ■ Lr� • • _ �m�_ .9111 ■ �� In. = Fatal EMSevere Injury Other Visible Injury n ;❑ ° ■J W-Q;�rE S ■ Vehicle Collisions Bike Collisions Pedestrian Collisions A Motorcycle Collisions t�tt City Hall — Minor Roads Major Roads Freeways O City Boundary TTFigure 2-4 O�'� Citywide Fatal and Injury Related Crashes (2016-2020) While the number of fatal and severe injury collisions that occurred at each location type is a smaller percentage in comparison with the number of overall collisions, intersections were also over -represented in the number of total fatal and severe injury collisions. Signalized intersections represented 35%fatal and 52% severe injury of total fatal and severe injury collisions. Unsignalized intersections represented 15% fatal and 18% severe injury of total fatal and severe injury collisions. Roadway segments represented 50% fatal and 30% severe injury of total fatal and severe injury collisions. Table 2-5. Citywide Crash Severity by Location (2016-2020) INTERSECTION INTERSECTION 3 (<I%/15%*) ROADWAY SEGMENT 10 (1%/50%*) TOTAL 20 (<1%) Fatal 7 (<l%/35%*) Severe Injury 43 (2%/52%*) 15 (2%/18%*) 25 (3%/30%*) 83 (2%) Other Visible Injury 210 (11%) 105 (11%) 101 (12%) 416 (11%) Complaint of Pain 766 (38%) 315 (33%) 317 (37%) 1398 (37%) Property Damage Only 971 (49%) 515 (54%) 10 (48%) 1896 (50%) Total Crashes 1997 (52%/49%*) 953 (25%/17%*) 863 (231%/34%*) 3813 Note: *Percentage of total Fatal and Severe Iniury collisions Onlv by Location 2.2.4 Crash Type Table 2-6 and Figure 2-5 summarize the proportion of all crashes by crash type, which include head-on, sideswipe, rear end, broadside, hit object, overturned, vehicle / pedestrian, other, and not stated collisions. The three most common crash types that occurred are rear end (35%), broadside (28%), and hit object (14%). These account for 77% of total crashes reported. Table 2-6 Citywide Collisions by Crash Type (2016-2020) IL •' Mead-un Sideswipe Rear End Broadside ilu (s�P'0) 469 (12%) 1334 (35%) 1087 (28%) Hit Object 539 (14%) Overturned 34 (1%) Vehicle / Pedestrian 121 (3%) Other / Not Stated 109 (3%) Total Crashes 3813 LOCAL ROAD SAFETY PLAN 1 16 Figure 2-5. Citywide Collisions by Crash Type (2016-2020) Rear End - Broadside - Hit Object - Sideswipe - Vehicle / Pedestrian - Head -On Other / Not Stated - Overturned 0 600 1200 Table 2-7 summarizes the proportion of all crash types by severity. The crash types that resulted in the most fatal and severe injuries are listed below: Broadside (35% fatal and 31% severe injury). + Hit object (30% fatal and 14% severe injury). + Vehicle/pedestrian collisions (15% fatal and 17% severe injury). Rear -end (0% fatal and 22% severe injury). Table 2-7 Citywide Crash Type by Severity (2016-2020) CRASH TYPE Head -On FATAL 3 (15%) SEVERE 5 (6%) OTHER VISIBLE INJURY 19 (5%) COMPLAINT OF PAIN 51 (4%) PROPERTY DAMAGEINJURY ONLY 42 (3%) TOTAL 120 (3%) Sideswipe 1 (5%) 2 (2%) 26 (6%) 75 (5%) 366 (26%) 469 (12%) Rear End - 18 (22%) 84 (20%) 613 (44%) 619 (44%) 1334 (35%) Broadside 7 (35%) 26 (31%) 160 (38%) 504 (36%) 390 (28%) 1087 (28%) Hit Object 6 (30%) 12 (14%) 48 (12%) 63 (5%) 410 (29%) 539 (14%) Overturned - 2 (2%) 17 (4%) 7 (1%) 8 (1%) 34 (1%) Vehicle / Pedestrian 3 (15%) 14 (17%) 30 (7%) 59 (4%) 15 (1%) 121 (3%) Other / Not Stated - 4 (5%) 32 (8%) 27 (2%) 46 (3%) 109 (3%) Total Crashes 20 (<i%) 83 (2%) 416 (11%) 1398 (37%) 1896 (50%) 3813 Table 2-8 summarizes the proportion of all crash types by location for signalized intersections, unsignalized intersections, and roadway segments. A summary of the results is provided below: LOCAL ROAD SAFETY PLAN 1 17 • Most crashes occurred at intersections, accounting for 77% of total crashes including 52% at signalized intersections and 25% at unsignalized intersections. • The most common crash types at signalized intersections were rear end (39%), broadside (31%), and sideswipe (12%). • The most common crash types at unsignalized intersections were broadside (31%), hit object (24%), and rear end (21%). • The most common crash types at roadway segments were rear end (42%), broadside (21%), and hit object (15%). • The most common crash types observed across all three location types were typically consistent with the most common crash types overall: rear end (35%), broadside (29%), and hit object (14%). Table 2-8 Citywide Crash Type by Location (2016-2020) CRASHROADWAY Head -On INTERSECTION 55 (3%) INTERSECTION 46 (5%) SEGMENT 19 (2%) TOTAL 120 (3%) Sideswipe 233(12%) 114 (12%) 122 (14%) 469 (12%) Rear End 770 (39%) 204 (21%) 360 (42%) 1334 (35%) Broadside 620 (31%) 285 (30%) 182 (21%) 1087 (29%) Hit Object 188 (9%) 227 (24%) 124 (15%) 539 (14%) Overturned 11 (1%) 8 (1%) 15 (2%) 34 (1%) Vehicle / Pedestrian 72 (4%) 27 (3%) 22 (3%) 121 (3%) Other / Not Stated 48 (2%) 42 (4%) 19 (2%) 109 (3%) Total Crashes 1997 (52%) 953 (25%) 863 (23%) 3813 LOCAL ROAD SAFETY PLAN 1 18 2.2.5 Primary Collision Factor Table 2-9 and Figure 2-6 summarize the Primary Collision Factor (PCF) of crashes by the California vehicle code violation categories. PCF violation categories that represented less than 3% of citywide collisions were graphically combined into a single category on Figure 2-5. A summary of the results is provided below: The top primary collision factors were: o Unsafe speed (32%) o Improper turning (12%) o Automobile right-of-way (11%) o Driving or bicycling under the influence of alcohol or drugs (10%). The top primary collision factors listed above account for 65% of total crashes reported. Table 2-9 Citywide Collisions by Primary Collision Factor Violation Category (2016- 2020) N FACTOR VIOLATION CATEGORY TOTAL (%) Unsafe Speed 1231(32%) Improper Turning 460 (12%) Automobile Right of Way 410 (11%) Driving or Bicycling Under the Influence of Alcohol or Drug 363 (10%) Traffic Signals and Signs 306 (8%) Pedestrian Violation 219 (6%) Unsafe Starting or Backing 104 (3%) Unsafe Lane Change* 63 (2%) Wrong Side of Road* 60 (2%) Pedestrian Right of Way* 46 (1%) Following Too Closely* 24 (1%) Improper Passing* 16 (<1%) Hazardous Parking* 5 (<I%) Lights* 2 (<1%) Impeding Traffic* 1 (<1%) Unknown / Not Stated 277 (7%) Other 226 (6%) Total 3813 Note: * PCF category representing less than 3% of total crashes LOCAL ROAD SAFETY PLAN 1 19 Figure 2-6. Citywide Collisions by Primary Collision Factor Violation Category (2016-2020) ■ Unsafe Speed Improper Turning ■Automobile ROW ■ DUI ■ Traffic Signals and Signs ■ Unknown / Not Stated Other Pedestrian Violation Unsafe Starting or Backing Less than 3% Table 2-10 summarizes the proportion of primary collision factor by severity. The primary collision factors that resulted in the most fatal and severe injuries are listed below: • Driving or bicycling under the influence of alcohol or drugs (45% fatal and 31% severe injury). • Unsafe speed (20% fatal and 13% severe injury). • Automobile right-of-way (S%fatal and 8% Severe injury). • Improper turning (14% severe injury). • Combined, these primary collision factors account for 65% of total crashes reported. LOCAL ROAD SAFETY PLAN 1 20 Table 2-10 Primary Collision Factor Violation Category by Severity (2016-2020) COLLISION FATAL FACTOR VIOLATION CATEGORY Driving or Bicycling Under 9 (45%) the Influence of Alcohol or Drugs SEVERE INJURY 26 (31%) OTHER VISIBLE 39 (39%) COMPLAINT OF PAIN 74 (5%) PROPERTYPRIMARY DAMAGE 215 (11%) 363 (10%) Unsafe Speed 4 (20%) 11 (13%) 100 (24%) 554 (40%) 562 (30%) 1231(32%) Following Too Closely - - 14 (<1%) 8 (1%) 15 (1%) 24 (1%) Wrong Side of Road 1 (5%) - 20 (5%) 29 (2%) 11 (1%) 60 (2%) Improper Passing - 3 (4%) 2 (<1%) 5 (<1%) 6 (0%) 16 (<1%) Unsafe Lane Change - - 14 (3%) 25 (2%) 24 (1%) 63 (2%) Improper Turning - 12 (14%) 38 (9%) 95 (7%) 317 (17%) 460 (12%) Automobile ROW 1 (5%) 7 (8%) 69 (17%) 202 (14%) 131 (7%) 410 (11%) Pedestrian ROW - 3 (4%) 15 (4%) 27 (2%) 1(<1%) 46 (1%) Pedestrian Violation 1 (5%) 8 (10%) 19 (5%) 51 (4%) 140 (7%) 219 (6%) Traffic Signals and Signs - 6 (7%) 58 (14%) 202 (14%) 40 (2%) 306 (8%) Lights - - 1 (<1%) - 1 (<1%) 2 (<1%) Hazardous Parking - - 1 (<1%) 1(<1%) 3 (<1%) 5 (<1%) Impeding Traffic - - 1 (<1%) - - 1 (<1%) Other 2 (10%) 4 (5%) 19 (5%) 45 (3%) 156 (8%) 226 (6%) Unsafe Starting or Backing - - 2 (<1%) 37 (3%) 65 (3%) 104 (3%) Unknown / Not Stated 2 (10%) 4 (5%) 17 (4%) 45 (3%)d6l 209 (11%) 277 (7%) Total Crashes 20 (<1%) 83 (2%) 416 (11%) 1398 (37%) 1 1896 (50%) 3813 Table 2-11 summarizes the proportion of primary collision factor violation categories by location for signalized intersections, unsignalized intersections, and roadway segments. A summary of the results is provided below: Top three primary collision factor violation categories at signalized intersections were: o Unsafe speed (32%) o Traffic signals and signs (13%) o Driving or bicycling under the influence of alcohol or drugs (10%). • Top three at unsignalized intersections were: o Automobile right-of-way (20%) o Unsafe speed (15%) o Driving or bicycling under the influence of alcohol or drugs (11%). • Top three at roadway segments were: o Unsafe speed (41%) o Automobile right-of-way (9%) o Driving or bicycling under the influence of alcohol or drugs (7%). • Most common primary collision factor violation categories observed across all three location types were consistent with the most common crash types overall: o Unsafe speed (35%) o Automobile right-of-way (15%) LOCAL ROAD SAFETY PLAN 1 21 o Traffic signal and signs (14%) o Driving or bicycling under the influence of alcohol or drugs (8%). o Combined, these primary collision factors account for 72% of total reported crashes. Table 2-11 Citywide Primary Collision Factor Violation Category by Location (2016- 2020) FACTORPRIMARY COLLISION VIOLATION.• Driving or Bicycling Under the Influence of Alcohol or Drugs SIGNALIZED UNSIGNLIZED ROADWAY 192 (10%) 107 (11%) 64 (7%) 363 (10%) Unsafe Speed 632 (32%) 244 (15%) 355 (41%) 1231(32%) Following Too Closely 16 (1%) 5 (1%) 3 (<1%) 24 (1%) Wrong Side of Road 19 (1%) 25 (3%) 16 (2%) 60 (2%) Improper Passing 8 (<1%) 5 (1%) 3 (<1%) 16 (<1%) Unsafe Lane Change 35 (2%) 4 (<1%) 24 (3%) 63 (2%) Improper Turning 182 (9%) 144 (15%) 134 (16%) 460 (12%) Automobile ROW 141 (7%) 190 (20%) 79 (9%) 410 (11%) Pedestrian ROW 27 (1%) 13 (1%) 6 (1%) 46 (1%) Pedestrian Violation 155 (8%) 13 (1%) 51 (6%) 219 (6%) Traffic Signals and Signs 260 (13%) 24 (3%) 14 (2%) 306 (8%) Hazardous Parking - 5 (1%) - 5 (<1%) Impeding Traffic 1(<1%) - - 1 (<1%) Lights - 2 (<1%) - 2 (<1%) Other 122 (6%) 46 (5%) 58 (7%) 226 (6%) Unsafe Starting or Backing 57 (3%) 31 (3%) 16 (2%) 104 (3%) Unknown / Not Stated 141 (7%) 95 (10%) 40 (5%) 277 (7%) Total Crashes 1997 (52%) 953 (25%) 863 (23%) 3813 2.2.6 Collisions Involving Unsafe Speed The City of Temecula's top three lowest OTS categories from 2016 to 2018 consistently included speed - related crashes. In 2018, Temecula the fifth lowest of all 59 cities included in Group B. This section presents additional analysis related specifically to crashes involving unsafe speed. Table 2-12 summarizes the proportion of crashes involving unsafe speeds by crash type and location for signalized intersections, unsignalized intersections, and roadway segments. A summary of the results is provided below: MUZIL ou, ashes occurred at intersections, accounting for 71% of total crashes, including 51% at signalized intersections and 20% at unsignalized intersections. • Most common crash types at signalized intersections were rear end (85%) and hit object (7%). • Most common crash types at unsignalized intersections were rear end (59%) and hit object (29%). LOCAL ROAD SAFETY PLAN 1 22 • Most common crash types at roadway segments were rear end (81%) and hit object (11%). • Most common crash types observed across all three location types were typically consistent with the most common crash types overall: rear end (79%) and hit object (13%). Table 2-12 Unsafe Speed Crash Type by Location (2016-2020) CRASH TYPE Head -On SIGNALIZED INTERSECTION 4 (1%) UNSIGNALIZED INTERSECTION 5 (2%) ROADWAY SEGMENT 2 (1%) TOTAL 11(1%) Sideswipe 14 (2%) 12 (5%) 7 (2%) 33 (3%) Rear End 540 (85%) 142 (59%) 287 (81%) 969 (79%) Broadside 14 (2%) 5 (2%) 11 (3%) 30 (2%) Hit Object 46 (7%) 71 (29%) 40 (11%) 157 (13%) Overturned 3 (<1%) 2 (1%) 4 (1%) 9 (1%) Vehicle / Pedestrian 3 (<1%) 2 (1%) 1 (<1%) 6 (<1%) Other / Not Stated 8 (1%) 5 (2%) 3 (1%) 16 (1%) Total Crashes 632 (51%) 244 (20%) 355 (29%) 1231 LOCAL ROAD SAFETY PLAN 1 23 Table 2-13 summarizes the proportion of crashes involving unsafe speeds by severity and roadway user type involved which includes automobiles, motorcycles, bicycles, and pedestrians. Figure 2-7 illustrates where the speed related collisions occurred by severity and roadway user type. A summary of the results is provided below: Of the total collisions where unsafe speed was the primary collision factor, 96% involved automobiles only, the majority of which resulted in complaint of pain or property damage only. • Automobile collisions represented 50% of total fatal and 45% of total severe injury collisions. • Approximately 1% of the automobile collisions resulted in a fatality or severe injury. • The majority of collisions involving motorcycles resulted in other visible injuries and complaint of pain injuries. • Motorcycle collisions represented 50% of total fatal and 55% of total severe injury collisions. • Approximately 23% of all motorcycle collisions resulted in a fatality or severe injury. Most collisions involving bicycles or pedestrians resulted in other visible injuries and complaint of pain injuries. Bicycle and pedestrian collisions represented 0% of total fatal and severe injury crashes. Table 2-13 Unsafe Speed Roadway User Involvement by Severity (2016-2020) •..D Automobiles 2 (50%) INJURY 5 (45%) VISIBLE INJURY 81 (67%) OF PAIN 531 (96%) DAMAGE ONLY 561 (99%) OTAL 1180 (96%) Motorcycles 2 (50%) 6 (55%) 13 (12%) 14 (3%) 0 (0%) 35 (3%) Bicycles 0 (0%) 0 (0%) 5 (7%) 1 (<1%) 1 (<1%) 7(<1%) Pedestrians 0 (0%) 0 (0%) 1 (14%) 8 (1%) 0 (0%) 9(<1%) Total Crashes 4 (<1%) 11(1%) 100 (8%) 554 (45%) 562 (46%) 1231 LOCAL ROAD SAFETY PLAN 1 24 COLLISION SEVERITY :AllOIL Severe Injury rFatal Other Visible Injury Complaint of Pain Property Damage Only MI- i■l fin, L-■�, ■7■ ■ -11 1� ■11� �� .■. ■■r, MEIIIIIIII owl . L ■ ram= ■1 ■ti 15 W—E N W+L S ■ Vehicle Collisions Bike Collisions Pedestrian Collisions A Motorcycle Collisions City Hall Minor Roads Major Roads Freeways O City Boundary T Figure 2-7 O��G Unsafe Speed Related Crashes (2016-2020) 2.2.7 Roadway User Involvement Table 2-14 and Figure 2-8 summarize the proportion of citywide crashes by roadway user type involved which includes automobiles, motorcycles, bicycles, and pedestrians. Most collisions involved motorized roadway users including automobiles (90%) and motorcycles (4%). Non -motorized roadway users were involved in 6% of collisions including bicycles (3%) and pedestrians (3%) Table 2-14 Citywide Collisions by Roadway User Involvement (2016-2020) Automobiles 3442 (90%) Motorcycles 129 (4%) Bicycles 114 (3%) Pedestrians 128 (3%) Total Crashes 3813 Figure 2-8. Citywide Collisions by Roadway User Involvement (2016-2020) 4%3% 3% ■ Automobiles �•7 ■ Motorcycles ■ Bicycles Pedestrians 90 % LOCAL ROAD SAFETY PLAN 1 26 Table 2-15 and Figure 2-9 summarize the proportion of roadway user type by severity. A summary of the results is provided below: Of the total collisions, 90% involved automobiles only, the majority of which resulted in property damage only (50%). • Automobile collisions represented 35% of total fatal and 54% of total severe injury collisions. • Approximately 2% of all automobile collisions resulted in a fatality or severe injury. • The majority of collisions involving motorcycles resulted in other visible injuries and complaint of pain injuries. • Motorcycle collisions represented 35% of total fatal and 24% of total severe injury collisions. • Approximately 21% of all motorcycle collisions resulted in a fatality or severe injury. • The majority of collisions involving bicycles resulted in other visible injuries and complaint of pain injuries. • Bicycle collisions represented 10% of total fatal and 6% of total severe injury crashes. • Approximately 6% of all bicycle collisions resulted in a fatality or severe injury. • The majority of pedestrian collisions resulted in other visible injuries and complaint of pain injuries. • Pedestrian collisions represented 20% of total fatal and 17% of total severe injury collisions. Approximately 15% of all pedestrian collisions resulted in a fatality or severe injury. Table 2-15 Roadway User Involvement by Severity (2016-2020) •..DWAY USIR]JIlIrMIMW-SIVIRE Automobiles 7 (35%) — INJURY 45 (54%) OTHER VISIBLE INJURY 277 (67%) COMPLAINT OF PAIN 1237 (88%) PROPERTY DAMAGE ONLY 1876 (99%) 3442 (90%) Motorcycles 7 (35%) 19 (24%) 51(12%) 52 (4%) 0 (0%) 129 (4%) Bicycles 2 (10%) 5 (6%) 57 (14%) 43 (3%) 7 (1%) 114 (3%) Pedestrians 4 (20%) 14 17%) 31 (7%) 66 (5%) 13 (<1%) 128 (3%) Total Crashes 20 (<1%) 83 (2%) 416 (11%) 1398 (37%) 1896 (50%) 3813 LOCAL ROAD SAFETY PLAN 1 27 Figure 2-9 Roadway User Involvement by Severity (2016-2020) V) c 0 N U O a1 tin M c a) U L a) a Fatal 6% 1% W140/ 5% 24% 12% 7% 17% 88% 7° 54% 1, Severe Injury Other Visible Injury Complaint of Pain Property Damage Only Crash Severity ■ Automobiles ■ Pedestrians ■ Motorcycles ■ Bicycles Figure 2-10 summarizes the proportion of roadway user types for fatal and severe injury collisions. A summary of the results is provided below: Although motorcycles and pedestrians make up a small percentage of total crashes (7% and 6%, respectively), they are over -represented in the number of fatal and severe injury collisions (26% and 17%, respectively), which indicates that they are vulnerable roadway users. • Bicycles were involved in 7% of total fatal and severe injury collisions, which was representative of the 6% of total collisions that bicycles were involved in. Pedestrians, cyclists and motorcycle users are more prone to high -risk injury due to the lack of external protective devices that could absorb the impact of a roadway crash. Additionally, the smaller profiles of pedestrians, motorcycles and cyclists make it more difficult for these groups to be seen by vehicular operators. LOCAL ROAD SAFETY PLAN 1 28 Figure 2-10 Fatal and Severe Injury Collisions by Roadway User Involvement (2016-2020) k 50 2.2.8 Motorcycle Crashes 17% 7% 00 ■Pedestrians r Bicycles 0 ■ Motorcycles we ■ Automobiles 26% The City of Temecula's top three lowest OTS categories from 2016 to 2018 consistently included crashes involving motorcycles. In 2018, Temecula scored the lowest of all 59 cities included in Group B. This section presents additional analysis related specifically to motorcycle -involved crashes. Table 2-16 through Table 2-19 summarize the proportion of crashes involving motorcycles by severity, location, crash type, and primary collision factor, respectively. Figure 2-11 illustrates where the motorcycle crashes occurred and the severity of each collision. A summary of the results is provided below: Fatal and severe crashes accounted for 5% and 15% of all collisions involving a motorcycle, while the remaining 80% of crashes resulted in other visible injuries or complaint of pain. • 65% of collisions involving a motorcycle occurred at an intersection (39% at signalized intersections and 26% at unsignalized intersections). • The most common crash types observed in motorcycle collisions were: o Broadside (39%), rear -end (20%), and hit object (13%). o Combined, these crash types account for 72% of total crashes reported. • The primary collision factors that occurred the most in motorcycle collisions were: LOCAL ROAD SAFETY PLAN 1 29 o Unsafe speeds (27%), automobile right of way (26%), and improper turning (13%). o Combined, these primary collision factors account for 66% of total crashes reported. Table 2-16 Motorcycle Crash Severity (2016-2020) Fatal Severe Other Visible Injury Complain of Pain PDO Total Table 2-17 Motorcycle Crash Location (2016-2020) W Signalized Intersection Unsignalized Intersection Roadway Segment Total Crashes Table 2-18 Motorcycle Crash Type (2016-2020) 7 (5%) 19 (15%) 51 (40%) 52 (40%) 0 (0%) 129 51 (39%) 34 (26%) 44 (35%) 129 Head -On Sideswipe Rear End Broadside 5 (4%) 13 (10%) 26 (20%) 51 (39%) Hit Object 16 (13%) Overturned 10 (8%) Vehicle / Pedestrian - Other / Not Stated 8 (6%) Total Crashes 129 LOCAL ROAD SAFETY PLAN 1 30 Table 2-19 Motorcycle Primary Collision Factor Violation Category by Severity (2016-2020) PRIMARY COLLISION .• VIOLATION CATEGORY Driving or Bicycling Under the Influence of Alcohol or Drugs 11(8%) Unsafe Speed 35 (27%) Following Too Closely - Wrong Side of Road - Improper Passing 3 (2%) Unsafe Lane Change 12 (9%) Improper Turning 16 (13%) Automobile ROW 34 (26%) Pedestrian ROW - Pedestrian Violation - Traffic Signals and Signs 5 (4%) Lights - Other 8 (6%) Unsafe Starting or Backing 2 (2%) Unknown / Not Stated 3 (2%) Total Crashes 129 LOCAL ROAD SAFETY PLAN 1 31 2.2.9 Nighttime Crashes Crashes were evaluated from 6:00 PM to 6:00 AM to identify nighttime crash patterns. There were 884 collisions that occurred during the study period and Figure 2-12 shows a summary of total crashes and severity by time of day. Nighttime crash frequency for all severity types was generally higher from 6:00 PM to 10:00 PM. The most severe crashes (fatal and severe injury) generally occurred from 9:00 PM to 1:00 AM. The highest number of nighttime crashes occurred from 7:00 PM to 8:00 PM. The highest number of fatal and severe injury crashes occurred from 11:00 PM to 1:00 AM. Figure 2-13 illustrates where the nighttime crashes occurred by severity and roadway user type. Table 2-20 summarizes nighttime crashes by severity and location. Figure 2-12 Crash Severity by Time Period (2016-2020) N111J, 180 160 Ln 140 v — t a 120 L U 0 100 L c E 80 Z 60 40 20 0 .61 O� 61 61 o1 o� 61 61 .o1 .off 61 o1 o''. o° . o`'. yC.°. �ti. �ti. ��. . of o° o° o° .6 o° � titi� Time Period Property Damage Only ■ Complaint of Pain ■ Other Visible Injury ■ Severe Injury ■ Fatal Table 2-20 Citywide Nighttime Collision Severity by Location (2016-2020) LOCAL ROAD SAFETY PLAN 1 33 t_'E 07 ❑■ �■ ■ it Fatal ■ ■■�Severe Injury ■I _ ■ Other 1 In - Complaint of Pain ■ N W+L S ■ Nighttime Vehicle Collisions 1 Nighttime Bike Collisions Nighttime Pedestrian Collisions City Hall — Minor Roads Major Roads Freeways O City Boundary TFigure 2-13 Citywide Nighttime Crashes (2016-2020) 2.3 Equivalent Property Damage Only Scoring (EPDO) Equivalent Property Damage Only (EPDO) scoring per the Highway Safety Manual (HSM) was utilized to analyze crash data and evaluate roadway network performance. Crashes were assigned weighting factors relative to property damage only collisions based on crash costs from the Highway Safety Improvement Program (HSIP) Local Roadway Safety Manual (LRSM) for California Local Road Owners v1.5. The weighting factor generally reflects an order of magnitude difference between the societal costs of fatal and severe injury collisions versus non -severe injury collisions. EPDO score is calculated by multiplying each crash severity total by its associated weight and summing the results, using the following formula: EPDO Score = (Fatal Weight x Number of Fatal Crashes) + (Severe Injury Weight x Number of Severe Injury Crashes) + (Other Visible Injury Weight x Number of Other Visible Injury Crashes) + (Complaint of Pain Injury Weightx Number of Complaint of Pain Injury Crashes) + Property Damage Only Crashes EPDO scoring was conducted for signalized intersections, non -signalized intersections, and roadway segments. EPDO scores were organized by quintile and displayed graphically by heat maps. The top quintiles identified priority locations with the highest EPDO scores and corresponds with the highest crash frequency and severity. Table 2-21 summarizes the crash cost and EPDO score associated with an individual collision by location type and severity. Figure 2-14 shows the citywide EPDO scoring by quintile for signalized intersections, non -signalized intersections, and roadway segments. LOCAL ROAD SAFETY PLAN 1 35 \ 1 0 Ra E3 4 - 80- 100th Percentile 60- 80th Percentile 40- 60th Percentile 20- 40th Percentile = 0- 20th Percentile Signalized Intersections A Unsignalized Intersections Roadway Segments O City Boundary Minor Roads Major Roads Freeways N W+L S IFigure 2-14 0�° Citywide EPDO Scoring Table 2-21 Crash Weights by Severity and Location Type Signalized 123.7 $1.46m Intersection Unsignalized 195.8 $2.31m 10.7 $126,500 6.1 $71,900 1 $11,800 Intersection Roadway 169.5 $1.46m 2.3.1 Signalized Intersections Figure 2-15 shows the citywide EPDO scoring by quintile for signalized intersections. The quintiles and corresponding EPDO score ranges are as follows: 80 —100th Percentile: 195.7 to 558.3 60 — 80th Percentile: 87.9 to 195.6 • 40 — 60th Percentile: 46.4 to 87.8 • 20 — 40th Percentile: 26.5 to 46.3 0 — 2011 Percentile: 0.0 to 26.4 The top quintile signalized intersection locations based on EPDO scores included 23 signalized locations which are shown on Table 2-22 and graphically on Figure 2-16. Based on roadway classifications in City of Temecula General Plan Circulation Element, most of the top quintile signalized intersection locations are along arterial and major highway corridors with fewer intersections on lower -order roadways. LOCAL ROAD SAFETY PLAN 1 37 Table 2-22 Top Quintile Signalized Intersections by EPDO Score RANCHO CALIFORNIA 1 63 ROAD & YNEZ ROAD TEMECULA PARKWAY & MARGARITA 2 ROAD/REDHAWK 65 PARKWAY TEMECULA PARKWAY & LA 3 51 PAZ ROAD TEMECULA PARKWAY & 4 26 JEDEDIAH SMITH ROAD 5 6 7 8 9 10 11 12 13 14 15 16 RANCHO CALIFORNIA ROAD & JEFFERSON 46 AVENUE/OLD TOWN FRONT STREET TEMECULA PARKWAY & PECHANGA PARKWAY MARGARITA ROAD & RUSTIC GLEN DRIVE/HARVESTON SCHOOLROAD TEMECULA PARKWAY & BUTTERFIELD STAGE ROAD WINCHESTER ROAD & YNEZ ROAD *BUTTERFIELD STAGE ROAD & CALLE CHAPOS MEADOWS PARKWAY & DE PORTOLA ROAD MARGARITA ROAD & SOLANA WAY MARGARITA ROAD & DARTOLO ROAD/LUCKY CENTER TEMECULA PARKWAY & MEADOWS PARKWAY/APIS ROAD WINCHESTER ROAD & JEFFERSON AVENUE JEFFERSON AVENUE & VIA MONTEZUMA 46 11 38 99 17 17 17 16 49 81 10 558.3 497.9 463.5 452.4 421.3 407 381.8 374.5 329.6 324.9 314.7 313.7 298.9 283.3 281.5 272 LOCAL ROAD SAFETY PLAN 1 38 RANCHO VISTA RD & 17 10 272 MEADOWS PARKWAY MARGARITA ROAD & DATE 18 5 252.2 STREET WINCHESTER ROAD & 19 33 252 RORIPAUGH ROAD PECHANGA PARKWAY & 20 WOLF VALLEY ROAD/VIA 31 249.5 EDUARDO YNEZ ROAD & PALM PLAZA 21 NORTH/PROMENADE 29 223.5 MALL NORTH YNEZ ROAD & OVERLAND 22 35 213.7 DRIVE TEMECULA PARKWAY & AVENIDA DE 23 18 206.9 M ISSION ES/RANCHO PUEBLO ROAD *Butterfield Stage Rd & Calle Chapos recently became a signal in 2020. All crash data is representative of an unsignalized intersection. LOCAL ROAD SAFETY PLAN 1 39 iV Ra = 80- 100th Percentile 60- 80th Percentile 40- 60th Percentile 20- 40th Percentile - 0- 20th Percentile u Rancho V\spa 0 � Y dgd'0 / A eO6 d, 9"'A II - ,7 , 7-,, 0 9� w Signalized Intersections Minor Roads Major Roads Freeways = City Boundary N W+E S Figure 2-15 ���� Signalized Intersections EPDO Scoring 7,a7 Murrieta Hotgpopercene Minor Roads 8 Major Roads 10 Freeways O City Boundary �a aye 1 a Nf a9 o' 6 / Rancho California Rd accho V\spa Rd R paub\aR 9a�fa 'Qa 0- 8 a a. Ao 3 0 2 4 .o a C acha �a��a I ��y a a m 7�o N 9I- u � W E II 5 Top Quintile Signalized Intersections 1. Rancho California Rd & Ynez Rd 13. Margarita Rd & Dartolo Rd / Lucky Center 2. Temecula Pkwy & Margarita Rd / Redhawk Pkwy 14. Temecula Pkwy & Meadows Pkwy / Apis Rd 3. Temecula Pkwy & La Paz Rd 15. Winchester Rd & Jefferson Ave 4. Temecula Pkwy & Jedediah Smith Rd 16. Jefferson Ave & Via Montezuma 5. Rancho California Rd & Jefferson Ave / Old Town Front St 17. Rancho Vista Rd & Meadows Pkwy 6. Temecula Pkwy & Pechanga Rd 18. Margarita Rd & Date St 7. Margarita Rd & Rustic Glen Dr / Harveston School Rd 19. Winchester Rd & Roripaugh Rd 8. Temecula Pkwy & Butterfield Stage Rd 20. Pechanga Pkwy & Wolf Valley Rd 9. Winchester Rd & Ynez Rd 21. Ynez Rd & Palm Plaza North / Promenade Mall North 10. Butterfield Stage Rd & Calle Chapos 22. Ynez Rd & Overland Dr 11. Meadows Pkwy & De Portola Rd 23. Temecula Parkway & Avenida De Missiones / Rancho Pueblo Rd 12. Margarita Rd & Solana Way Figure 2-16 O�PPriority Signalized Intersections 2.3.2 Unsignalized Intersections Figure 2-17 shows the citywide EPDO scoring by quintile for unsignalized intersections. The quintiles and corresponding EPDO score ranges are as follows: 80 —100th Percentile: 21.4 to 415.5 • 60 — 80th Percentile: 11.1 to 21.3 • 40 — 60t" Percentile: 6.1 to 11.0 20 — 401" Percentile: 1.0 to 6.0 0 — 201" Percentile: 0.0 to 0.c' The top quintile unsignalized intersection locations based on EPDO scores included 55 unsignalized locations. For the purposes of this Local Roadway Safety Plan the top 20 unsignalized locations are shown on Table 2-23 and graphically on Figure 2-18 in order to focus on the most severe locations. Based on roadway classifications in the Temecula's General Plan Circulation Element, the majority priority unsignalized intersections are primarily located on arterial and major corridors with fewer top quintile intersections located on lower -order secondary, collector, and local roadways. Table 2-23 Top Quintile Unsignalized Intersections by EPDO Score IIIIIIIIIIIIVRANK 1 ���LOCATION TOTA01%_ COLLINS MARGARITA RD & PASEO BRILLANTE 7 • JEFFERSON AVE & LAS HACIENDAS ST 4 EPDO SCORE 415.5 2 382.4 3 CALLE PINA COLADA & LA SERENA WAY 12 250.7 4 NICOLAS RD & RORIPAUGH RD 9 227.8 5 JEDEDIAH SMITH RD & MARGARITA RD 9 208.4 6 TEMECULA PKWY & TEMECULA CREEK RD 5 204.4 7 CAMINO BROZAS & REDHAWK PKWY 3 197.3 8 MORENO RD & OLD TOWN FRONT ST S 3 192.2 9 LEENA WAY & MONTELEGRO WAY 2 191.2 10 ANGELO DR & DODARO DR 1 190.2 11 ASHBURY PL & VIA RIO TEMECULA 1 190.2 12 BUECKING DR & JEFFERSON AVE 1 190.2 13 JEREZ LN & SUNNY MEADOWS DR 1 190.2 14 LIEFER RD & PALA VISTA DR 1 190.2 15 MARIAN RD & TISCHA DR 1 190.2 16 RAMSEY CT & SELBY CIR 1 190.2 17 MARGARITA RD & VIA LA VIDA 24 143.9 18 JEFFERSON AVE & WINCHESTER CENTER DRWY 15 65.5 19 WEST CAMPANULA WAY & DE PORTOLA RD 10 55.4 20 MORENO RD & OLD TOWN FRONT ST N 15 54.8 LOCAL ROAD SAFETY PLAN 1 42 A J ° ° A 4 .. .0 eytiet�° �. A Mu meta Hot Sprlr9sRC/ ° - ° - 80- 100th Percentile 60- 80th Percentile 40- 60th Percentile 20- 40th Percentile = 0- 20th Percentile °,� Unsignalized Intersections Minor Roads Major Roads Freeways = City Boundary N W+E S �O Figure 2-17 0����` Unsignalized Intersections EPDO Scoring 12 1 1 T) 0 _ Rancho Califora�aRa� Pa�b\a Ra Rq ## Priority Ranking City Hall Top 20th Percentile Minor Roads Major Roads Freeways City Boundary N W+E S Top 20 Unsignalized Intersections 1. Margarita Rd & Paseo Brillante 2. Jefferson Ave & Las Haciendas St 3. Calle Pina Colada & La Serena Way 4. Nicolas Rd & Roripaugh Rd 5. Jedediah Smith Rd & Margarita Rd 6. Temecula Pkwy & Temecula Creek Rd 7. Camino Brozas & Redhawk Pkwy 8. Moreno Rd & Old Town Front St 9. Leena Way & Montelegro Way 10.Angelo Dr & Dodarado Dr 11. Ashbury PI & Via Rio Temecula 12. Buecking Dr & Jefferson Ave 13. Jerez Ln & Sunny Meadows Dr 14. Liefer Rd & Pala Vista Dr 15. Marian Rd & Tischa Dr 16. Ramsey Ct & Selby Cir 17. Margarita Rd & Via La Vida 18. Jefferson Ave & Winchester Center Drwy 19. West Campanula Way & De Portola Rd 20. Moreno Rd & Old Town Front St North Figure 2-18 Priority Unsignalized Intersections 2.3.3 Roadway Segments Figure 2-19 shows the citywide EPDO scoring by quintile for roadway segments. The quintiles and corresponding EPDO score ranges are as follows: 80 —100th Percentile: 83.3 to 720.0 • 60 — 80th Percentile: 14.2 to 83.2 • 40 — 60t" Percentile: 7.1 to 14.1 20 — 401" Percentile: 1.0 to 7.0 0 — 201" Percentile: 0.0 to 0.9 The top quintile roadway segment locations based on EPDO scores included 32 roadway segments. For the purposes of this Local Roadway Safety Plan the top 20 roadway segments are shown on Table 2-24 and graphically on Figure 2-20 in order to focus on the most severe locations. Based on roadway classifications in the City of Temecula General Plan Circulation Element, the majority of the priority roadway segments are arterial, major, and secondary corridors with fewer located on lower -order roadways. Table 2-24 Top Quintile Unsignalized Intersections by EPDO Score OLD TOWN TEMECULA FRONT ST TO 1 PKWY/HWY 111 720 LA PAZ RD/LA 79 PAZ ST JEFFERSON RANCHO AVE/OLD 2 CALIFORNIA 61 539.4 TOWN FRONT RD ST TO YNEZ RD JEFFERSON WINCHESTER 3 AVE TO YNEZ 108 445.2 RD RD VIA JEFFERSON 4 MONTEZUMA 13 399.6 AVE TO DEL RIO RD 1ST ST/SANTIAGO OLD TOWN 5 RD TO 14 390.9 FRONT ST TEMECULA PKWY/HWY 79 PECHANGA RAINBOW PKWYTO 6 15 377.1 CANYON RD SOUTH CITY LIMIT MEADOWS LA SERENA 7 3 340.1 PKWY WAY TO LOCAL ROAD SAFETY PLAN 1 45 RANCHO CALIFORNIA RD TIERRA VISTA RD TO 8 YNEZ RD RANCHO VIS7 RD SANBORN AV JEFFERSON TO 9 AVE WINCHESTER AVE/HWY 79 MEADOWS RANCHO PKWYTO 10 CALIFORNIA BUTTERFIELD RD STAGE RD RANCHO VIS7 MARGARITA IL, RD TO PAUBi RD RD IPAUGH WINCHESTER 12 RD RD NICOLAS RD LA PAZ RD/L� TEMECULA PAZ ST TO 13 PKWY/HWY PECHANGA 79 PKWY SOLANA WA) MARGARITA TO 14 RD STONEWOOE RD MARGARITA RD TO VIA 15 PAUBA RD RAMI/LINFIEI WAY MOTOR CAR 16 YNEZ RD PKWYTO SOLANA WA) AVENIDA MARGARITA 17 BARCA TO LA RD SERENA WAY MARGARITA RANCHO RD TO 18 VISTA RD MEADOWS PKWY OVERLAND D TO 19 NICOLE LN MARGARITA RD LOCAL ROAD SAFETY PLAN 1 46 RIO NEDO VIA INDUSTRIA 20 3 171.8 RD TO DIAZ RD LOCAL ROAD SAFETY PLAN 1 47 9 Rancho Gab��C ancho V�s�a 18 Top 20 Roadway Segments 1. Temecula Pkwy (Old Town Front St to La Paz Rd / La Paz St) 2. Rancho California Rd (Jefferson Ave / Old Town Front St to Ynez Rd) 3. Winchester Rd (Jefferson Ave to Ynez Rd) 4. Jefferson Ave (Via Montezuma to Del Rio Rd) 5. Old Town Front St (1 st St / Santiago Rd to Temecula Pkwy) 6. Rainbow Valley Rd (Pechanga Pkwy to South City Limit) 7. Meadows Pkwy (La Serena Way to Rancho California Rd) 8. Ynez Rd (Tierra Vista Rd to Rancho Vista Rd) 9. Jefferson Ave (Sanborn Ave to Winchester Ave) 10. Rancho California Rd (Meadows Pkw to Butterfield Stage Rd) Rd ## Priority Ranking l� City Hall • Signalized Intersections Top 20th Percentile Minor Roads Major Roads Freeways City Boundary N W+E S 11. Margarita Rd (Rancho Vista Rd to Pauba Rd) 12. Winchester Rd (Roripaugh Rd to Nicolas Rd) 13. Temecula Pkwy (La Paz Rd to Pechanga Pkwy) 14. Margarita Rd (Solana Way to Stonewood Rd) 15. Pauba Rd (Margarita Rd to Via Rami / Linfield Way) 16. Ynez Rd (Motor Car Pkwy to Solana Way) 17. Margarita Rd (Avenida Barca to La Serena Way) 18. Rancho Vista Rd (Margarita Rd to Meadows Pkwy) 19. Nicole Ln (Overland Dr to Margarita Rd) 20. Rio Nedo Rd (Via Industria to Diaz Rd) TTFigure 2-20 O�` Priority Roadway Segments 2.4 Key Findings Trends based on the crash data analysis include: • Majority of crashes occurred at intersections including signalized (52%) and unsignalized (25%). • Majority of injury related crashes resulted in non -severe injury (95%). • Top three crash types include rear end (35%), broadside (28%), and hit object (14%). • Top three primary collision factors include unsafe speed (32%), improper turning (12%), automobile right-of-way (11%), and driving or bicycling under the influence of alcohol or drugs (10%). • Majority of crashes stemming from unsafe travel speeds resulted in rear -end collisions (79%). • Approximately 1% of collisions, in which unsafe speeds was the primary factor, resulted in fatal and severe injuries. • Majority of crashes involved automobiles only (90%). • Fatal and severe injury collisions showed an over -representation for crashes involving motorcycles (17%), pedestrians (26%), and bicycles (7%). • The most common crash types for collisions involving motorcycles were broadside (39%), rear end (20%) and hit object (17%). • The highest number of nighttime crashes occurred from 7:00 PM to 8:00 PM. The highest number of fatal and severe injury crashes occurred from 11:00 PM to 1:00 AM. LOCAL ROAD SAFETY PLAN 1 50 3 COUNTERMEASURE TOOLBOX This section establishes the foundation for determining countermeasures that can be applied to address crashes that occur on the Temecula roadway network. A countermeasure toolbox was developed based on the results of the citywide collision analysis, roadway network screening, and guidance provided by the United States Department of Transportation (USDOT), Federal Highway Administration (FHWA), National Highway Traffic Safety Administration (NHTSA), and California Department of Transportation (Caltrans) for countermeasure effectiveness including: USDOT FHWA Safe System Approach • USDOT FHWA Proven Safety Countermeasures • USDOT FHWA Crash Modification Factors (CMF Clearinghouse) • USDOT NHTSA Countermeasures that Work • California Strategic Highway Safety Plan (SHSP) and Implementation Plan Caltrans Local Rnadway Safety Manual (LRSM) for California Local Rnad Owners Countermeasures are organized based on the 5E's of traffic safety from the CA SHSP which include the following key overarching strategies to improve traffic safety in California: Apply effective and/or innovative infrastructure -oriented safety treatments Enforce actions that reduce high -risk behavior Educate all road users on safe behaviors Improve emergency response times and actions Apply emerging technologies to roadways, vehicles and/or roadway users With Caltrans requiring local LRSP adoption for Highway Safety Improvement Program (HSIP) grant funding eligibility in the upcoming Cycle 11 call -for -projects, this toolbox was developed with a focus on engineering countermeasures and improvements that are eligible HSIP funding. The Temecula LRSP is a living document that will be updated based on Caltrans standards, which is currently required at least every five (5) years. Future LRSP updates to the countermeasure toolbox will include additional development of non -engineering countermeasures and strategies that can be locally funded or are eligible for other roadway safety grant programs. LOCAL ROAD SAFETY PLAN 1 51 3.1 Engineering Engineering countermeasures for infrastructure -oriented safety treatments were selected from the 2020 Caltrans Local Roadway Safety Local Roadway Safety Manual (LRSM) for California Local Road Owners (v1.5) based on the A Manual for California's Local Road Owners Versi an ,J l ` , results of the crash analysis, roadway network screening, and City "°`°202D roadway infrastructure priorities. The countermeasures can be applied to signalized intersections (S), non -signalized intersections (NS), and i a roadways (R) to prepare grant funding applications through the Caltrans Highway Safety Improvement Program (HSIP). Countermeasures are t. summarized based on the countermeasure numbers identified in the LRSM, countermeasure type, crash types that the countermeasure Q addresses, the crash reduction factor (CRF) or multiplicative factor that indicates the proportion of crashes expected after implementing the �� countermeasure, the percentage of HSIP funding eligibility, and the - - SaFeTREC opportunity for systemic approach based on the ability to apply the countermeasure to multiple crash locations, corridors, or geographic areas. Table 3-1 provides a summary of the countermeasures for signalized intersections, Table 3-2 provides a summary of the countermeasures for non -signalized intersections, and Table 3-3 provides a summary of countermeasures for roadways. Appendix C contains detailed information for each engineering countermeasure including: 0 Caltrans LRSM countermeasure reference HSIP funding eligibility • Crash types addressed • Crash reduction factor (CRF) • Expected design life • Planning -level approximate cost • Example countermeasure image • Description of the countermeasure • Caltrans LRSM description of where to use the countermeasure • Caltrans LRSM description of why the countermeasure works LOCAL ROAD SAFETY PLAN 1 52 Table 3-1 Signalized Intersection Countermeasures CRASH HSIP SYSTEMIC IRSM TYPE COUNTERMEASURE AME NCMJ CRASHAPPROACH FACTOR4t ELIGIBILITY OPPORTUNITY S1 Lighting Add intersection lighting (S.I.) Night 40% 100% Medium Improve signal hardware: S2 Signal lenses, back -plates with All ° 15/ ° 100/ Very High Mod retroreflective borders, mounting, size, and number Improve signal timing S3 Signal (coordination, phases, red, All a 15% ° 50% Very High Mod yellow, or operation) Signal Install emergency vehicle pre- Emergency S5 Mod emption systems Vehicle ° 70/ ° 100/ High Install left -turn lane and add S6 Signal turn phase (signal has no left- All 55% 90% Low Mod turn lane or phase before) SModl Provide protected left turn S7 phase (left turn lane already All 30% 100% High exists) Operation/ Install flashing beacons as S10 All 30% 100% Medium Warning advance warning (S.I.) Operation/ Improve pavement friction S11 (High Friction Surface All 55% 100% Medium Warning Treatments) Operation/ Install raised median on S12 Warning approaches (S.I.) All 25% 90% Medium Geometric Install pedestrian median Ped & Bike S13PB 35% 90% Low Mod fencing on approaches Varies 100% Low S16 Geometric Convert intersection to All Mod roundabout (from signal) Ped and Install pedestrian countdown S17PB Bike signal heads Ped & Bike 25% 100% Very High 518PB Ped and Install pedestrian crossing (S.I.) Ped & Bike 25% 100% High Bike Ped and Modify signal phasing to S21PB Bike implement a Leading Ped & Bike 60% 100% Very High Pedestrian Interval (LPI) LOCAL ROAD SAFETY PLAN 1 53 Table 3-2 Non -signalized Intersection Countermeasures CRASH HSIP SYSTEMIC COUNTERMEASURELRSM TYPE APPROACH CM # TYPE FACTOR ELIGIBILITY OPPORTUNITY Add intersection lighting NS1 Lighting Night 40% 100% Medium (NS.I.) 100% Low NS3 Control Install signals All 30% Convert intersection to NS4 Control roundabout (from all way All Varies 100% Low stop) Convert intersection to roundabout (from stop or NS5 Control All Varies 100% Low yield control on minor road) Install/upgrade larger or Operation/ additional stop signs or NS6 All 15% 100% Very High Warning other intersection warning/regulatory signs Operation/ Upgrade intersection NS7 All 25% 100% Very High Warning pavement markings (NS.I.) Operation/ Install Flashing Beacons at NS8 Stop -Controlled All 15% 100% High Warning Intersections Operation/ Install flashing beacons as NS9 Warning advance warning (NS.I.) All ° 30/ ° 100/ High Operation/ Improve pavement friction NS12 (High Friction Surface All 55% 100% Medium Warning Treatments) Geometric Install raised median on NS14 All 25% 90% Medium Mod approaches (NS.I.) Geometric Install right -turn lane NS17 All 20% 90% ° Low Mod (NS.I.) Geometric Install left -turn lane (where NS18 Mod no left -turn lane exists) All 35% 90% Low Ped and Install raised medians / NS19PB Ped & Bike 45% 90% Medium Bike refuge islands (NS.I.) Install pedestrian crossing Ped and at uncontrolled locations NS20PB Ped &Bike 25% 100% High Bike (new signs and markings only) Install/upgrade pedestrian Ped and crossing at uncontrolled NS21PB Bike ° locations (with enhanced Ped &Bike 35/ ° 100% Medium safety features) Ped and Install Rectangular Rapid NS22PB Ped & Bike 35% 100% Medium Bike Flashing Beacon (RRFB) Install Pedestrian Signal Ped and NS23PB (including Pedestrian Ped & Bike 55% 100% Low Bike Hybrid Beacon (HAWK)) LOCAL ROAD SAFETY PLAN 1 54 Table 3-3 Roadway Countermeasures CRASH HSIP SYSTEMIC LRSM TYPE COUNTERMEASURE AME NCM CTRYAPJSEHREDUCTION FUNDING APPROACH # FACTOR ELIGIBILITY OPPORTUNITY R1 Lighting Add segment lighting Night 35% 100% Medium Remove/ R3 Shield Install Median Barrier All 25% 100% Medium Obstacles Remove/ R4 Shield Install Guardrail All 25% 100% High Obstacles R8 Geomoedtric Install raised median All 25% 90/ Medium Geometric Install pedestrian median Ped & R10PB Mod fencing on approaches Bike o 35/0 0 90% Low Geometric Install acceleration/ R11 All 25% 90% Low Mod deceleration lanes Road Diet (Reduce travel lanes R14 Geometric from 4 to 3 and add a two way All 30% 90% Medium Mod left -turn and bike lanes) R15 Geomoedtric Widen shoulder All 30% 90% Medium Geometric Improve horizontal alignment R17 All 50% 90% ° Low Mod (flatten curves) R18 Geomoedtric Flatten crest vertical curve All 25% 90% Low Improve pavement friction R21 Geometric (High Friction Surface All 55% 100% High Mod Treatments) Install/Upgrade signs with new Operation/ R22 fluorescent sheeting All 15% 100% Very High Warning (regulatory or warning) Operation/ Install curve advance warning R25 All 30% 100% High Warning signs (flashing beacon) Operation/ Install dynamic/variable speed R26 All ° 30/ 100° / High Warning warning signs Operation/ Install edge -lines and R28 All 25% 100% Very High Warning centerlines Operation/ Install centerline rumble R30 Warning strips/stripes All 20% 100% High Operation/ Install edgeline rumble strips/ R31 All 15/° 100% High Warning stripes Ped and Ped & R32PB Install bike lanes 35% 90% High Bike Bike Ped and Ped & R33PB Install Separated Bike Lanes 45% 90% High Bike Bike Ped and Install sidewalk/pathway (to Ped & R34PB 80% 90% Medium Bike avoid walking along roadway) Bike LOCAL ROAD SAFETY PLAN 1 55 CRASH HSIP SYSTEMIC LRSM TYPE CO FCM CRASH REDUCTION.R• # TYPE OPPORTUNITY Install/upgrade pedestrian Ped and Ped & R35PB crossing (with enhanced safety 35% 90% Medium Bike Bike features) Ped and Install raised pedestrian Ped & R36PB 35% 90% Medium Bike crossing Bike Ped and Install Rectangular Rapid Ped & R37PB o 35/ 0 100/ Medium Bike Flashing Beacon (RRFB) Bike 3.1.1 Temecula Neighborhood Traffic Calming Program The City has adopted a Neighborhood Traffic Calming Program which seeks to mitigate speed control issues on neighborhood throughfares through establishing procedures and techniques that promote safe conditions for residents, pedestrians, bicyclists, and motorists. The City's Traffic Calming Toolbox includes engineering strategies for the following roadway features: Pavement Markings / Striping: Narrow the travel way by striping a centerline and an edge line or bike lane along a roadway segment to promote a reduction in speed and increase pedestrian and bicycle safety • Residential Multi-Wav Stop Controls- Install multi -way stop control signs to establish right-of- way and reduce vehicle conflicts at residential street intersections. Note that this is strategy is not used to implement control of vehicular speeds or volumes • hairl-Block Merlinr Install raised on painted medians along the centerline of the roadway at mid -block locations to narrow the travel lanes at strategic locations. This provides a barrier between travel lanes and may be landscaped to provide visual amenity and neighborhood identity • c.nicane. Roadway feature that alternates the path of travel by using curves and twists. Chicanes can be created by striping the roadway or reconstructing the curb and gutter with a series of extensions. Chicanes provide a greater visual obstruction, reduce vehicular speeds, are easily negotiable by emergency response vehicles, and provide minimal impacts to local traffic • Bulb-OLII Roadway feature that narrows the roadway at intersections by extending the curb and providing a shorter path of travel for pedestrian crossings. Bulb -outs can be created by striping the roadway or reconstructing the curb and gutter with an extension of the curb radius. Bulb -outs provide a greater visual obstruction, reduce vehicle speeds, are easily negotiable by emergency response vehicles, provide minimal impacts to local traffic, and provide a shorter path of travel for pedestrians crossing the street LOCAL ROAD SAFETY PLAN 1 56 3.2 Education The City is committed to providing roadway safety education and has conducted several public outreach campaigns through the Drive Safe Temecula program. With funding from state and regional grants, T�✓Ivii campaigns for raising awareness for safe driving choices have included: Driving Under the Influence Terminator Team (DUITT) • Riverside County Sherrif's Takeover Racing Enforcement Team (S.T.R.E.E.T) • • Southern California Association of Governments (SCAG) Go Human California Highway Patrol (CHP)-Temecula Distracted Driver Awareness 3.2.1 Temecula Police Department The Temecula Police Department (TPD) has partnered with state and regional law enforcement in the previously stated public outreach campaigns to provide traffic education presentations to the public, businesses, and local schools. The Temecula Police Department recently participated in City outreach efforts centered on specific topics including: 'listractP,4 ►)rivinpr- The City conducted a month -long educational r campaign centered on the prevention of distracted driving, particularly texting and driving. Messages such as "don't be ■ distracted" and "don't text and drive" were displayed throughout ow,. the City and TPD participated in providing education around` California handheld cell phone laws and how local police enforce the laws against distracted driving through the national "U Drive. U Text. U Pay." high -visibility enforcement campaign. A crashed vehicle that demonstrated the consequences of texting and driving was on display at the Promenade Temecula near the theater. DrunK and Drug-Impairea uriving: The City conducted a month- long educational campaign to raise awareness for preventing drunk and / or drug - impaired driving. TPD participated in providing education around impairment related to alcohol, marijuana, opioids, methamphetamines, or any potentially impairing otentiall m drug -prescribed rescribed or over -the- �, •• - T g g-p counter, regardless of whether the substance is legal or illegal. TPD also provided traffic education and awareness of driving under the influence (DUI) i" safety checkpoints. Messages such as "Don't drive drunk or drugged", "No Alcohol", "No Marijuana or LOCAL ROAD SAFETY PLAN 1 57 other drugs" were displayed throughout the City and a separate crashed vehicle was displayed in front of City Hall to demonstrate the consequences of driving under the influence. • Red Light Running. The City conducted a month- long educational "STOP at a Red Light!" campaign to raise awareness that red light running happens frequently and is often deadly. TPD participated in providing information on the dangers of red light running based on the National Coalition for Safer Roads (NCSR)'s "Stop on Red" program. • Speedinfi The City conducted a month -long campaign to raise awareness for the dangers of speeding. TPD participated by providing education about what factors contribute to speeding, tips for dealing with speeding and aggressive drivers, providing education about the 25 MPH residential speed limits, and promoting awareness for public requests for TPD to place City variable display radar trailers that inform motorists of speeding on residential streets. TIN REASONS TO 014 E1, RED-LIGHT RUNNING CAN BE FATAL. 2. One In three Americans know someone who has been Injured or killed in a red-light running crash. 3. Between 2004-2016. an estimated 10,125 people were killed In red-light running related crashes. 4. On average, two people died each day In red-light running crashes in the united states in 200. S. Motor vehicle crashes are the leading cause of death for U.S. teens. 6. In 2017, 132,000 people were injured in crashes Involving red-light running- 7 Over half of the deaths in red-light running crashes are pedestrians, bicyclists and occupants in vehicles other than the vehicle running the red light, S. Nearly 93% of drivers say It is unacceptable to go through red -lights, yet nearly 43% admitted to doing so in the past 30 days. 9. The most common type of urban crashes Involve drivers who run red lights. stop signs and other traffic controls. lo. Red-light running is often a result of aggressive or distracted driving and Is completely preventable, • Bicycline• The City conducted a month -long campaign to encourage safe cycling. TPD participated by providing education on choosing bike routes based on rider experience and comfort, selecting the right bike size, wearing a helmet, and obeying the rules of the road based on the California Vehicle Code. • pedestri- ^rnsswalk Safety- The City conducted a month -long campaign to promote pedestrian and crosswalk safety. TPD participated by providing education using sidewalks, crossing at intersections, marked vs. unmarked crosswalks, using the pedestrian push buttons at traffic signals, and the meanings of the walk / man symbol, flashing don't walk / hand symbol, and steady don't walk / hand symbol. • Reckless Drivinl As part of the Drive Safe Temecula program, the City has encouraged residents to report reckless driving activity. Through the program, awareness is being raised that reckless driving is considered an emergency and immediate reporting could save a life. TPD has participated in providing education about what information needs to be reported and how to report safely and legally from a vehicle — either parked or utilizing an installed hands -free system. LOCAL ROAD SAFETY PLAN 1 58 3.2.2 Temecula Traffic Engineering Division The Temecula Traffic Engineering Division is responsible for day-to-day traffic operations, addressing safety issues within the City, and planning for CURB future transportation needs. The Division has created an extensive library FARM USE of educational traffic information brochures including: PEDESTRIAN ''rn«ivalks• Brochure that details State policies and California SIGN' vehicle code guidelines, marked vs. unmarked crosswalks, how STOP SIGNS Ell I AND crosswalks are used, typical causes of pedestrian crashes at crosswalks, crosswalk markings, and school crosswalks TRAFFIC SIGNALS • Curb rarking Uses. Brochure that details City municipal code and �`—��l�I ��►►,, California vehicle code guidelines, curb color meanings, signs for no parking / no stopping, time limited parking and disabled parking, and on -street parking for parallel parking and cul-de-sacs ,Omni • Pedestrian Signals Brochure that details City policy on where pedestrian signals are installed, the replacement of "walk" and "don't walk" indications with symbols, flashing upraised hand meaning, pedestrian push button use, and safety suggestions for crossing • Speed Zones Brochure that details speed zone misconceptions, speed laws, engineering and traffic surveys for prevailing speeds, accident records, and inventories of highway, traffic, and roadside conditions • Stop Signs and Traffic Signal Brochure that details City policies on intersection traffic controls, installation policies, and the correct use of stop signs and traffic signals • Traffic Restrictions in Progress (TRIP) RepoN Report published by the City to advise citizens of conditions that affect traffic flow within Temecula. Generally, it includes major construction zones, construction fact sheets by project, and an interactive map — • Traffic Safety: Brochure that details how neighborhood streets can TRAFFIC reduce vehicular speeding and be made safer as a driver, as a parent, as a SAFETY bicyclist, as a pedestrian, as a resident, and as a volunteer on a school or c_ neighborhood traffic safety committee Nnme Owner Avvocletbn 3ffic signal System! Brochure that details why traffic signals are TRAFFIC needed, the advantages and disadvantages, and costs. The brochure also SIGNAL SYSTEMS includes descriptions of special functions for traffic signal preemption, "EI6 flashing red flashing yellow, dark signals, signal timing, traffic signal coordination, and the City's future traffic signal coordination goals city • Home Owner Association (HOA) Traffic Calming: Brochure that --Old "pn,0 details the neighborhood speed watch program, which encourages citizens to take in active role in changing driver behavior on neighborhood streets. Information is provided on a variety of topics including: electing community volunteers to participate in a neighborhood traffic safety LOCAL ROAD SAFETY PLAN 1 59 committee, recommendations for gaining community support, recommendations for children at play cones, street parking during hours of speeding concern, how to report information to the Temecula Police Department and request targeted enforcement during hours of speeding concern, how to request a radar speed display unit from the Temecula Police Department, how the City supports traffic calming, and how speed limit postings alone don't change driver behavior 3.2.3 Temecula Neighborhood Traffic Calming Program The City has adopted a Neighborhood Traffic Calming Program which seeks to mitigate speed control issues on neighborhood throughfares through establishing procedures and techniques that promote safe conditions for residents, pedestrians, bicyclists, and motorists. The City's Traffic Calming Toolbox includes educational strategies for: Neighborhood Traffic Safety Awareness Program: Activities that inform and seek to modify driver behavior such as printed information, meetings, workshops between City staff and residents, signing campaigns, school programs, and parent outreach • Radar Speed Trailer Deployment Use portable radar speed monitoring devices that are capable of measuring and displaying vehicular speeds as an educational and public relations tool • LED Speed Limit Advisory Sign• Signs that are similar to the radar trailer but are mounted on poles and can be deployed for an extended period of time, or as required. These may also be used as an educational and public outreach tool Future Temecula LRSP updates shall include consideration of additional educational strategies including: 3.2.4 California Office of Traffic Safety (OTS) Grants California Office of Traffic Safety (OTS) grants are CALIFORNIA OFFICE OF administered through the California State Transportation 0", TRAFFIC SAFETY Agency (CalSTA) and funded by the Federal Highway Safety Program. The program seeks to prevent serious injury and death resulting from motor vehicle crashes by addressing the behavioral factors that impact roadway safety. OTS grants for priority program areas related to education include: Motorcycle Safety Hands-on skill -building trainings, promotion of wearing protective gear, and educating the public on how to interact with motorcycles • Occupant Protection: Education of parents and guardians on child safety seat laws, proper use and installation of car seats, child safety seat check-ups, promoting teens and adult seat belt use, and providing child safety seats to families in need • Pedestrian and Bicycle Safety: Education on traffic rules, rights, responsibilities of drivers, pedestrians and bikes, education for high -risk populations (youth and elderly), bicycle and walking youth trainings, and promotion of safer driving, bicycling, and walking behaviors • Public Relations, Advertising, and Marketing Programs: Monthly and year-round education campaigns that focus on youth, teens, and young adults for impaired driving, distracted driving, and pedestrian safety through the "Go Safely, California" campaign LOCAL ROAD SAFETY PLAN 1 60 3.2.5 Traffic Safety Marketing Traffic Safety Marketing (TSM) is provided by the National Highway Traffic Safety Administration (NHTSA) through the United States Department of x ' Transportation (USDOT). TSM provides communication resources that can be utilized by local roadway safety advocates for traffic safety campaigns and marketing tools through both traditional and online media. As part of the Drive TSM Markating Safe Temecula Program, the City has utilized several of the NHTSA campaigns to provide education for distracted driving, texting and driving, drunk driving, drug -impaired driving, speeding, bicycle safety, and pedestrian safety. Future Temecula LRSP updates should include consideration of additional NHTSA TSM education -related campaigns for child safety, motorcycle safety, older drivers, seat belts, school bus safety, teen safety, and vehicle safety. 3.3 Enforcement The City utilizes a variety of enforcement strategies to reduce high -risk behaviors associated with increased risk for crash occurrence and severity. This section summarizes feedback received from the Temecula Police Department (TPD) and recommendations for additional enforcement strategies that can be considered in future LRSP updates. The TPD has a specialized Traffic Unit police team comprised of ten (10) motorcycle enforcement officers and seven (7) traffic accident investigators. The TPD Traffic Unit's goal is to reduce traffic collisions within the City and improve traffic safety for Temecula citizens. This is accomplished through daily traffic enforcement efforts by officers, communication with community partners, partnerships with state and regional law enforcement, and working closely with City departments to provide traffic education and awareness programs. As part of the previously discussed Drive Safe Temecula program, the City has deployed additional TPD traffic deputies to perform enforcement at key locations known for speeding such as the Redhawk Parkway/ Vail Ranch Parkway "loop", conduct drinking under the influence (DUI) and safety check points, and enforce seat belt and cell phone operations. TPD also conducts targeted speeding enforcement in response to resident reports as part of the City's Neighborhood Speed Watch Program. 3.3.1 Temecula Neighborhood Traffic Calming Program The City has adopted a Neighborhood Traffic Calming Program which seeks to mitigate speed control issues on neighborhood throughfares through establishing procedures and techniques that promote safe conditions for residents, pedestrians, bicyclists, and motorists. The City's Traffic Calming Toolbox includes enforcement strategies for: LOCAL ROAD SAFETY PLAN 1 61 • Traditional Enforcement: Periodic m on itoring of speeding and other violations by the Temecula Police Department. This modifies driver behavior by informing the public that speeding is unacceptable behavior with consequences and also serves as a temporary public relations tool • Speed Limit Signs: Provide posted speed limit signs on residential streets as an educational tool to reinforce prima facie speed limits Future Temecula LRSP updates shall include consideration of additional enforcement strategies including: 3.3.2 California Office of Traffic Safety (OTS) Grants California Office of Traffic Safety (OTS) grants are CALIFORNIA OFFICE OF administered through the California State Transportation on, TRAFFIC SAFETY Agency (CaISTA) and funded by the Federal Highway Safety Program. The OTS grant program seeks to prevent serious injury and death resulting from motor vehicle crashes by addressing the behavioral factors that impact roadway safety. OTS grants for priority program areas related to enforcement include: Alcohol Impaired Driving Enforcement: Enforcement program for operations dedicated to stopping and arresting suspected impaired drivers; purchasing equipment such as breath testing devices; monitoring and treatment of high -risk DUI offenders • uistractea uriving. Dedicated enforcement of California's hands -free cell phone law • Drug -Impaired Drivi% Officer training for identifying and detecting drug impairment in drivers through the Advanced Roadside Impaired Driving Enforcement (ARIDE) and Drug Recognition Evaluation (DRE) programs • Police Traffic Services Officer resources for targeting specific traffic safety issues including distracted driving, seat belt use, impaired driving, speeding, bicycle and pedestrian safety, and other traffic violations that increase crash risk; officer training on holding DUI / Driver's license checkpoints and identifying suspected impaired drivers • Roadway Safety and Traffic Records Purchase hardware and software tools to build and improve data collection systems, modernize manual databases, and digitize physical reports and / or print collections 3.3.3 Traffic Safety Marketing Traffic Safety Marketing (TSM) is provided by the National Highway Traffic Safety Administration (NHTSA) through the United States Department of Transportation (USDOT). TSM provides communication resources that can be utilized by local roadway safety advocates for traffic safety campaigns and marketing tools through both traditional and online media. As part of the Drive TSM Markating Safe Temecula Program, the City has utilized several of the NHTSA campaigns to provide enforcement for distracted driving, texting and driving, drunk driving, drug -impaired driving, speeding, bicycle safety, and pedestrian safety. Future Temecula LRSP updates should include consideration of additional NHTSA TSM enforcement -related campaigns for law enforcement appreciation and seat belts. LOCAL ROAD SAFETY PLAN 1 62 3.3.4 Targeted Enforcement Strategies The primary collision factors (PCF) for citywide crashes that occurred during the study period is displayed in Figure 3-1. The most common PCFs were unsafe speed (32%), improperturning (12%), automobile right- of-way violations (11%), driving under the influence (10%), and traffic signals and signs (8%). Target hot spot enforcement of these PCFs by the Temecula Police Department is recommended. Figure 3-1 Citywide Collisions by Primary Collision Factor (2016-2020) Unsafe Speed h Improper Turning 460 Automobile ROW � i 410 DUI 363 Traffic Signals and Signs 306 Unknown / Not Stated 277 Other 226 Pedestrian Violation 219 Unsafe Starting or Backing 104 Less than 3% � 217 0 200 400 600 800 1000 1200 Unsafe speed is the top PCF in Temecula and, as previously discussed, was one of the City's top 3 lowest California OTS traffic ranking for the last 3 years. Speeding is a critical PCF to provide enforcement for as studies by the USDOT, FHWA, and NHTSA indicate that the consequences extend beyond breaking the law. Speeding has been linked to an increased degree of crash severity leading to more fatal and severe injuries, a greater potential for loss of vehicle control, reduced effectiveness of occupant protection equipment, and a reduction in driver field of vision. The graphic to the right is from the USDOT study titled "The Effects of Higher Speed Limits on Traffic Fatalities on In the United States" which demonstrated that speed can quickly reduce a driver's field of vision, which impacts their ability to see pedestrians and reduces their ability to react / avoid crashes. Speeding also intensifies the severity of crashes and studies have found an exponential link between vehicle speeds and the chances of pedestrian fatality or survival. 1231 LOCAL ROAD SAFETY PLAN 1 63 The figure below is from the USDOT "Vehicle Travel Speeds and Pedestrian Injuries" study which demonstrated the chances of a pedestrian surviving a crash with a motor vehicle in relation to speed. A pedestrian struck by an automobile traveling at 20 MPH has a 90% chance of surviving whereas a pedestrian struck by an automobile traveling at 40 MPH only has a 20% chance of surviving. Enforcement of speeding for road safety must be balanced with the use of speed as a key mobility performance metric. 40 If hit by a person driving at: 0 Person Survives the Collision 0 Results in a Fatality 20 MPH 9096 tia� 30 MPH � s°�— ........................... '°� A 40 MPH sow • 3.4 Emergency Response Emergency response strategies that support the Temecula LRSP include actions that improve emergency response times to reduce fatalities, prevent secondary crashes from occurring, and reflect feedback received by the Temecula Fire Department. The department works in cooperation with other community organizations to conduct public safety education campaigns and hands-on safety skills trainings. Future Temecula LRSP updates shall include consideration of additional emergency response strategies including: 3.4.1 Caltrans Local Roadway Safety Manual (LRSM) for California Local Road Owners (v1.2) Countermeasure SS: Install Emergency Vehicle Pre-Emption Systems The Caltrans Highway Safety Improvement Program (HSIP) includes a countermeasure that is eligible for 100% funding for installing and / or upgrading existing emergency vehicle preemption (EVPE) systems at signalized intersections to address crashes that have involved emergency vehicles. This countermeasure includes utilization for both traditional infrared (IR) transmitter systems that rely on line -of -sight between the emergency response vehicle and traffic signals, as well as for the latest global position system (GPS) preemption systems. The GPS-based EVPE systems transmit the emergency vehicle's speed, direction, and turn signal status which provides more efficient clearance of intersections along the route and improves emergency response times. Additionally, GPS-based EVPE systems eliminate disruptions to traffic signal operations, including traffic signal coordination, by eliminating the use of illegal emitters. LOCAL ROAD SAFETY PLAN 1 64 3.4.2 California Office of Traffic Safety (OTS) Grants California Office of Traffic Safety (OTS) grants are CALIFORNIA OFFICE OF administered through the California State Transportation on TRAFFIC SAFETY Agency (CalSTA) and funded by the Federal Highway Safety Program. The OTS grant program seeks to prevent serious injury and death resulting from motor vehicle crashes by addressing the behavioral factors that impact roadway safety. OTS grants for priority program areas related to enforcement include: �rmmracnrw naorl„-ni corxAres• Upgrading extrication equipment and replacing outdated equipment that is critical for reaching victims quickly and increasing their survivability • Occupant rrutectiun. Education of parents and guardians on child safety seat laws, proper use and installation of car seats, child safety seat check-ups, promoting teens and adult seat belt use, and providing child safety seats to families in need 3.4.3 Traffic Safety Marking (TSM) Traffic Safety Marketing (TSM) is provided by the National Highway Traffic Safety Administration (NHTSA) through the United States Department of x ' Transportation (USDOT). TSM provides communication resources that can be utilized by local roadway safety advocates for traffic safety campaigns and marketing tools through both traditional and online media. Future Temecula TSM Marketing LRSP updates should include consideration of NHTSA TSM emergency response -related campaigns for first responder safety, vehicle safety, child safety, and seat belts. 3.5 Emerging Technology Strategies for integrating emerging technology are from the 2020-2024 California Strategic Highway Safety Plan (SHSP) challenge area which focuses on the use of technology to prevent, identify, and respond to crashes as well as reduce the frequency or severity of crashes. Emerging technologies includes roadway, vehicle, and driver applications. Examples include autonomous of connected vehicles, vehicle -to -vehicle (V2V) and vehicle -to -infrastructure (V21) communications which aim to eliminate human error, the use of Transportation Network Companies (TNCs) for cars, bikes, or scooters, advancements in safety devices in vehicles, mobile applications, and improvements to emergency response from drones or roadway videos. The CA SHSP identifies six (6) general categories for emerging technology within transportation safety: 1. Alerting Drivers nt Ris. Technology that alerts drivers to the risk of being involved in a collision, reduces crash risk by monitoring speed and blind spots, and alerts drivers to the situation with visual and / or audible alerts so the driver can act accordingly 2. Assisting Drivers at Risk: Technology that can assist a driver when a collision is imminent. For example, lane keeping assist technology helps drivers stay in their designated lane and alerts the driver through visual, audible, and / or tactile warnings when lane departure begins 3. Protecting Vehicle Occupants Vehicle manufacturer technology that protects vehicle occupants through safety features for seat belts, air bags, and vehicle structure features. 4. Communication with Drivers and the Environment. Technology that communicates between the drivers and their environment to support alerting drivers to risk and then providing LOCAL ROAD SAFETY PLAN 1 65 assistance. Example categories and applications include, but are not limited to, vehicle -to -vehicle (V2V) for blind spot detection, vehicle -to -infrastructure (V2) for roadway condition warning alerts, and vehicle -to -pedestrian (V2P) for forward collision warning alerts that a pedestrian is in the crosswalk ahead 5. Vehicle Performing as Designatea Once vehicles enter the roadway, it is essential that they perform as designated for their full lifespan. This can be accomplished through vehicle upkeep, maintenance, and record keeping. An example of a supporting technology is the vehicle oil change indicator light, which alerts drivers to a potential need for an oil change 6. Mobile Technology and Applications There are a variety of mobile phone technology and applications that enhance roadway safety. Examples include applications which restrict texting and / or mobile application use while driving, which can reduce distracted driving, and Transportation Network Companies (TNC) mobile applications for ride share such as Uber and Lyft, which can reduce DUI crash risk 3.6 2020-2024 California SHSP Implementation Plan The California Strategic Highway Safety Plan (SHSP) is the State's comprehensive, data -driven plan to reduce fatalities and serious injuries across all travel modes and on all public roads in California. Following the adoption of the 2020-2024 CA SHSP, state transportation leaders recognized that a bolder and more focused approach to combatting roadway safety and a March 2021 revision, referred to as "The Pivot", was adopted. The revision includes new guiding principles for: • Integrating Fauit, Everyone has the right to travel safely on California public roads regardless of race, socioeconomic status, gender, age, and ability. Implementation should integrate equity, which considers historical, present-day, and systemic biases that impact roadway safety for all groups, particularly the most vulnerable and traditionally underserved populations. Equity must be integrated in all aspects of the 5E's of traffic safety • Doubling Down on What Works: Identify and utilize the strategies and actions that are the most effective in reducing fatalities and serious injuries, implementing proven countermeasures, and encouraging innovative solutions • Accelerating Advanced Technology Encouraging advanced technology in and on our roadways by forming new partnerships with technology providers, health and safety groups, manufacturers, and government partners to prioritize roadway safety LOCAL ROAD SAFETY PLAN 1 66 • Implementing a Safe System Approach: The FHWA's recently adopted Safe System Approach aims to eliminate fatal and serious injuries of all roadway users by embracing a more holistic view of the roadway system that places additional responsibility on agencies to account for human error with the design and operation of roadways. The principles include: o Death and serious injury is unacceptable o Humans make mistakes o Humans are vulnerable o Responsibility is shared o Redundancy is crucial o Safety is proactive, not reactive yuwFr 1#4N�.� �! The revision also included the first -ever SHSP Implementation Plan, which identifies and summarizes detailed actions for each challenge area. The countermeasures included in the Temecula LRSP Countermeasure Toolbox have been developed to comply with the revised CA SHSP and corresponding Implementation Plan but it is noted that actions for several challenge areas / focus areas that are relevant to the LRSP, such as motorcycles, emergency response, emerging technologies, are still be developed. The 2020-2024 SHSP Implementation Plan is a living document and will be updated bi-annually or annually as new actions are developed and approved. Future updates to the Temecula LRSP shall include any new countermeasures and strategies for the 5E's of traffic from future SHSP Implementation Plan and FHWA Safe System Approach updates. LOCAL ROAD SAFETY PLAN 1 67 4 PRIORITY PROJECTS Potential safety projects were evaluated based on the City of Temecula's roadway needs, the crash data analysis, roadway network screening, and countermeasure toolbox. Four (4) priority projects were identified for development of a preliminary project scope, cost estimate, and benefit cost ratio (BCR) analysis utilizing the most recent Cycle 11 HSIP Analyzer. In order to supplement local funds while proactively implementing roadway safety, the priority projects were developed based on eligibility for Highway Safety Improvement Program (HSIP) grant funding. 4.1 Citywide Pedestrian Countdown Signal Head Upgrades Existing signalized pedestrian crossings with walk / don't walk indicators will be upgraded to pedestrian countdown signal indicators. The pedestrian countdown signal contains a countdown timer display which informs the crossing pedestrian of seconds left to finish crossing the street. This allows pedestrians to decide if they have enough time to safely cross the road. 4.2 Citywide Traffic Signal Hardware Upgrades Existing safety lighting at traffic signals throughout the City of Temecula will be upgraded to light -emitting diode (LED) and street name signs will be upgraded to LED internally illuminated street name signs (IISNS). Intersection lighting improves visibility of the intersection and helps reduce potential conflicts between all roadway users, including pedestrians and bicyclists who have a smaller intersection footprint. Internally illuminated street name signs improve the visibility of the signs, which makes them more visible in nighttime conditions. 4.3 Installation of Dynamic Variable Speed Warning Systems Existing roadways with relatively sharp curves will be furnished with dynamic speed warning signs. The dynamic speed warning signs are intended to get the drivers attention and give them a visual warning that they may be traveling over the recommended speed for the approaching curve. The dynamic speed warning signs will be installed in both travel directions at various locations throughout the city. 4.4 Signal Timing and Communication Upgrades Existing traffic signal operations and communications will be improved by implementing new network switches and providing either fiber optic cable or wireless radio communications at traffic signals throughout the city. Fiber optic cable will be installed in existing conduit where copper signal interconnect cable (SIC) currently exists. In locations where existing conduit does not exist, wireless radio communications will be installed. Signal timings and signal programs will also be updated to allow the City to deploy operations that enhance roadway safety such as traffic signal coordination. LOCAL ROAD SAFETY PLAN 1 68 Table 4-1 provides a summary of the priority projects by HSIP LRSM (v1.5) countermeasures and BCR ranking. Appendix D provides more detailed priority project summaries which include: • LRSM Countermeasure Description • Project Description • Map and Table of Project Locations • Crash Analysis Summary by Severity, Collision Type, and Primary Collision Factor • Cost Estimate for Construction Items • Cost Estimate for Preliminary Engineering (PE), Right -of -Way (ROW), and Construction (CON) project phases • Total Expected Benefit • Total Project Cost 0 Benefit Cost Ratio Table 4-1 Priority Projects Citywide Pedestrian Countdown Signal Head Upgrades A total of 55 signalized intersections will be upgraded S17PB: Install 1 to equip countdown signal heads in place of the pedestrian countdown 8.88 existing walk / don't walk indicators. Additional signal heads. upgrades include new pedestrian APS Push buttons and new controllers. Citywide Traffic Signal Hardware Upgrades S2: Improve signal hardware: lenses, back - A total of 116 signalized intersections will be upgraded plates with 2 to equip new LED safety lighting and LED internally retroreflective borders, 30.06 illuminated street name signs. mounting, size, and number Installation of Dynamic Variable Speed Warning Systems R26: Install 3 A total of 8 segments will have dynamic speed warning dynamic/variable 20.56 signs installed at various locations along relatively sharp speed warning signs curves. Signal Timing and Communication Upgrades S3: Improve signal 4 A total of 89 intersections will receive traffic operation timing: coordination, red, or 15.29 and communication upgrades such as network switches phases, yellow, and fiber optic cable or wireless radio communications. operation LOCAL ROAD SAFETY PLAN 1 69 5 IMPLEMENTATION AND EVALUATION The process for implementing the Temecula LRSP, evaluating the application of the countermeasure toolbox and priority projects, and recommendations for future LRSP report updates based on the USDOT FHWA's Implementing A Local Road Safety Plan (July 2020) and the Caltrans LRSM v1.5 (April 2020) are described in the following section. 5.1 Implementation Implementation of the LRSP demonstrates the City of Temecula's commitment to proactively addressing roadway network safety needs for all users. The USDOT FHWA's Implementing A Local Road Safety Plan outlines six steps for successful LRSP implementation which includes: Maintain Buy -In and Suppo. LRSP implementation is strengthened by the support of key City officials and safety partners from the 5E's of traffic safety (Engineering, Enforcement, Education, Emergency Response, and Emerging Technologies). • Identify Funding Mechanism Funding for LRSP projects will be identified through local capital improvement projects and public/private development projects, regional MPO grant opportunities, State grant opportunities, and Federal grant opportunities. • Identify and Prioritize Projects- Projects will be prioritized based on a combination of benefit - cost ratio analyses, crash histories, and roadway risk factors. Priority projects will be implemented based on City needs, local resources, and available grant funding opportunities through the HSIP and other roadway safety infrastructure/non-infrastructure programs. Where appropriate, private development will be leveraged to strategically implement safety countermeasures and/or components of priority projects. • Determine Project Delivery Method, Project delivery will be determined following security of project funding and prior to design. Where appropriate, projects will be bundled to decrease the City's financial and management burdens. • Evaluate Effectivenec LRSP countermeasure and project implementation effectiveness will be evaluated based on reductions in severity, for fatalities and severe injuries, and in overall crash frequency. See LRSP Section 5.2 for further details. • Lonunue 1-ommunication and Coordination. Active communications and coordination between key City officials, safety partners from the 5E's of traffic safety, and the public will ensure that there is synergy in overall LRSP implementation. LOCAL ROAD SAFETY PLAN 1 70 5.2 Evaluation Following the implementation of priority projects and application of countermeasures, the City will evaluate the success of LRSP strategies based on Section 7 of the Caltrans LRSM Version 1.5 for Evaluation of Improvements. A database will be developed to track countermeasure installations, crash history, and field assessments on an annual basis. Feedback from the public, safety partners and City maintenance crews should be included to provide a comprehensive evaluation. Effective monitoring of the success of a project should take place after a project has been implemented for 3 to 5 years to ensure sufficient crash data for before / after studies and to reduce the effect of the random nature of roadway crashes. The before / after studies should compare crash data and community feedback on the safety countermeasure being evaluated. The Caltrans LRSM provides an example countermeasure deployment history database that the City should refer to when conducting this assessment. The database will provide the City of Temecula with the necessary information to make informed decisions on whether countermeasures from the toolbox contribute to an increase in safety, whether they should be installed at other locations through the City, and which factors may have contributed to the countermeasure's success. The evaluation should also track whether the City's LRSP goals are being met and if they continue to align with the 5E's of traffic safety (Engineering, Enforcement, Education, Emergency Response, and Emerging Technologies). As the City grows and further develops, the LRSP goals should conform to any new or modified safety plans, policies, and efforts set forth by the City. 5.3 Future LRSP Updates The Temecula LRSP is considered a living document and must be updated at a minimum every five (5) years for the City to maintain compliance with Caltrans HSIP eligibility requirements. It is recommended that the City update the LRSP every two (2) years to maintain alignment with the standard Caltrans HSIP call -for -projects and LRSM updates. This will ensure the most competitive benefit cost ratios (BCRs) for any HSIP grant applications that the City may pursue. This will also allow the City to ensure the LRSP continually reflects the most recent crash data, crash trends, countermeasures, and BCR calculations. Between LRSP updates, City staff should annually monitor crashes, identify locations with high crash frequency and severity, match locations with the strategies identified in the countermeasure toolbox, and implement projects in coordination with the City's current CIP and development opportunities. Future updates should revisit the LRSP's Vision, Mission, and Goals based on evaluation of safety projects and programs that were implemented and evaluated during the current LRSP. Additionally, future updates to the LRSP will include expansion of the City of Temecula's Countermeasure Toolbox in relation to the other traffic safety E's for Enforcement, Education, Emergency Response, and Emerging Technologies. To maximize City resources, the toolbox in this LRSP was primarily developed for HSIP-eligible engineering infrastructure improvements that could be applied to priority locations identified through the collision analysis EPDO scoring and roadway characteristics screening. LOCAL ROAD SAFETY PLAN 1 71 Guidelines for developing and implementing Local Road Safety Plans are continually being updated by the FHWA and Caltrans. For example, FHWA recently conducted a webinar on November 22, 2021, that featured an update on FHWA's proven safety countermeasure initiative. The webinar featured nine new proven safety countermeasures (PSC) which included speed safety cameras, variable speed limits, appropriate speed limits for all road users, wider edge lines, crosswalk visibility enhancements, bicycle lanes, rectangular rapid flashing beacons, pavement friction management, and lighting. While these countermeasures were not included in this version of the LRSP, they should be evaluated and incorporated into future countermeasure toolbox and LRSP updates. It is anticipated that future Caltrans updates to the LRSM and HSIP programs will reflect the FHWA's updated PSCs. Additionally, future updates to the LRSP should include reviewing the following resources to ensure the latest best -practices are followed: FHWA Local Road Safety Plan Do -It -Yourself Website • FHWA Proven Safety Countermeasures List • FHWA Local and Rural Road Safety Program • FHWA Local and Rural Road Safety Briefing Sheets • FHWA Developing Safety Plans: A Manual for Local and Rural Roads • FHWA Implementing A Local Road Safety Plan • National Association of County Engineers (NACE) — A Template for Local Road Safety Plans • California Strategic Highway Safety Plan • Caltrans LRSP and HSIP Programs • Caltrans Local Roadway Safety Manual (LRSM) LOCAL ROAD SAFETY PLAN 1 72 APPENDIX A STAKEHOLDER PACKET RESPONSES I lie Peark of Sou.hern California Wine Countfy TEMECULA LOCAL ROAD SAFETY PLAN STAKEHOLDER PACKET RESPONSE SUMMARY 1 Enrique Nunez, Rancho California Rd & Ynez Rd Temecula Police Department Temecula Pkwy & La Paz Rd is c 4 91 6 Anthony Hamilton, Temecula Police Department Anonymous 1, Temecula Police Department Anonymous 2, Temecula Police Department David Matics, Public Traffic Safety Commission Temecula Pkwy & Pechanga Pkwy Winchester Rd & Ynez Rd Margarita Rd & Solana Wy Rancho California Rd & Ynez Rd Temecula Pkwy & Margarita Rd/Redhawk Pkwy Temecula Pkwy & Pechanga Pkwy Winchester Rd & Jefferson Ave Ynez Rd & Overland Dr Rancho California Rd & Ynez Rd Winchester Rd & Ynez Rd Winchester Rd & Jefferson Ave Jefferson Ave & Gia Montezuma Ynez Rd & Overland Dr Winchester Rd & Ynez Rd Margarita Rd & Solana Wy Winchester Rd & Jefferson Ave Margarita Rd & Date St Pechanga Pkwy & Wolf Valley Rd / Via Eduardo Rancho California Rd & Ynez Rd: Frequently used as a rally / protest gathering site; the Duck Pond corner and sidewalk is not fully conducive to this use Temecula Pkwv & Pechanga Pkwv: Speed difference between vehicles and ped/bike. Drivers focused on lane changes have limited attention for ped/bike Temecula Pkwy & Butterfield Stage Rd: Collisions of all types (ped/bike/car) are concentrated at this intersection Margarita Rd & Solana Wy: Collisions of all types (ped/bike/car) are concentrated at this intersection Rancho Vista Rd & Meadows Pkwy: Ped route school (VHES and TMS) J.R. Richardson, Rancho California Rd & Ynez Rd Public Traffic Safety Temecula Pkwy & La Paz Rd Commission Margarita Rd & Solana Wy Winchester Rd & Jefferson Ave Ynez Rd & Overland Dr TEMECULA LOCAL ROAD SAFETY PLAN - A-1 7 Erick Escobedo, Meadows Pkwv & Rancho Vista Rd: Intersection lighting and line of Temecula Traffic Engineering sight issues 8 Anthony Hamilton, Winchester Rd & Margarita Rd Temecula Police Department Margarita Rd & Rancho California Rd 9 Anonymous 1, Rancho California Rd & Town Center Temecula Police Department 10 Anonymous 2, Winchester Rd & Margarita Rd Temecula Police Department 11 David Matics, Meadows Pkwv & Pauba Rd: School route to TMS, VHES, PES; 50mph Public Traffic Safety speed limit with vehicles approaching downhill in three directions Commission Redhawk Pkwv & Vail Ranch Pkwv: Yield lane vehicles have near misses due to speed J.R. Richardson, Ynez Rd & Solana WV 12 Public Traffic Safety Commission 13 Enrique Nunez, Nicolas Rd & Roripaugh Rd Temecula Police Department Moreno Rd & Old Town Front St South Margarit Rd & Via La Vida West Campanula Wy & De Portola Rd Moreno Rd & Old Town Front St North 14 Anthony Hamilton, Jefferson Ave & Las Haciendas St Temecula Police Department Jedidah Smith Rd & Margarita Rd Moreno Rd & Old Town Front St South Moreno Rd & Old Town Front St North Anonymous 1, Jefferson Ave & Las Haciendas St Temecula Police Department Nicolas Rd & Roripaugh Rd Moreno Rd & Old Town Front St South Margarita Rd & Via La Vida Jefferson Ave & Winchester Center Drwy Anonymous 3, Temecula Police Department Anonymous 2, Margaira Rd & Via La Vida: Numerous collisions. Southbound should not be able to turn left Jefferson Ave & Las Hacienda St Temecula Police Department Nicolas Rd & Roripaugh Rd Moreno Rd & Old Town Front St South Buecking Dr & Jefferson Ave Margarita Rd & Via La Vida Margarita Rd & Paseo Brillante: Ped xing and near misses as vehicles David Matics, Public Traffic Safety exit the Mike Naggar Park parking lot Commission Calle Pina Colada & La Serena Wv: Near misses with left -turning vehicles and bikes; used as a route to Rancho Elementary School TEMECULA LOCAL ROAD SAFETY PLAN - A-2 Jedidah Smith Rd & Margarita Rd: Drivers exceed speed limit southbound on Margarita Rd, down the hill Moreno Rd & Old Town Front St South: Highly trafficked intersection; many low -severity collisions Moreno Rd & Old Town Front St North: Highly trafficked intersection; many low -severity collisions 19 J.R. Richardson, Jefferson Ave & Las Haciendas St Public Traffic Safety Calle Pina Colada & La Serena Wy Commission Nicolas Rd & Roripaugh Rd Jedidiah Smith Rd & Margarita Rd Margarita Rd & Via La Vida 20 Erick Escobedo, Butterfield Stage Rd & Rancho Vista Rd: Possible traffic signal Temecula Traffic Engineering 21 Anthony Hamilton, Rancho California Rd & Tee Dr Temecula Police Department 22 Anonymous 1, Rancho California Rd & Tee Dr Temecula Police Department Margarita Rd & Avenida Sonoma 23 Anonymous 3, Red Hawk Pkwv & Via Cordoba and Red Hawk Pkwy & Via Salito: Temecula Police Department Should be right turn only as you enter eastbound 24 David Matics, Nicolas Rd & Calle Girasol: Right-of-way control needed for eastbound Public Traffic Safety traffic on Nicolas Rd, continuing across Calle Girasol onto Nicolas; Commission especially dangerous for bicycles Redhawk Pkwy & Via Saltio / Camino Carmargo: Near misses, vehicles and bicycles turning left; vertical curvature limits visibility Ynez Rd / De Portola Rd & Jedidiah Smith Rd: High traffic volume at this intersection; no bike lane. Candidate for roundabout. 25 J.R. Richardson, Rancho California Rd & Tee Dr Public Traffic Safety Rancho California Rd & US Post Office Commission 26 Erick Escobedo, Rainbow Canyon Rd: Curved roadway signing and improvements. Line Temecula Traffic Engineering of sight issues De Portola Rd: Meadows Pkwy to Butterfield Stage Rd. Intersection lighting and line of sight issues 27 Enrique Nunez, Temecula Pkwy/Hwy 79: Old Town Front St to La Paz Rd/La Paz St Temecula Police Department Winchester Rd: Jefferson Ave to Ynez Rd Rainbow Canyon Rd: Pechanga Pkwy to South City Limit Rancho California Rd: Meadows Pkwy to Butterfield Stage Rd Winchester Rd: Roripaugh Rd to Nicolas Rd 28 Anthony Hamilton, Jefferson Ave: Via Montezuma to Del Rio Rd TEMECULA LOCAL ROAD SAFETY PLAN - A-3 PU 30 31 32 33 34 35 36 Temecula Police Department Margarita Rd: Rancho Vista Rd to Pauba Rd Margarita Rd: Solana Wy to Stonewood Rd Anonymous 1, Winchester Rd: Jefferson Ave to Ynez Rd Temecula Police Department Jefferson Ave: Via Montezuma to Del Rio Rd Rancho California Rd: Meadows Pkwy to Butterfield Stage Rd Margarita Rd: Rancho Vista Rd to Pauba Rd Margarita Rd: Avenida Barca to La Serena Wy Anonymous 2, Winchester Rd: Jefferson Ave to Ynez Rd Temecula Police Department Jefferson Ave: Via Montezuma to Del Rio Rd Jefferson Ave: Sanborn Ae to Winchester Ave / Hwy 79 Rancho California Rd: Meadows Pkwy to Butterfield Stage Rd Winchester Rd: Roripaugh Rd to Nicolas Rd David Matics, Ynez Rd: Rancho Vista Rd extending past the Duck Pond and to the Public Traffic Safety Auto Mall: missing sidewalk, missing bike lane Commission Rancho California Rd: Meadows Pkwy to Butterfield Stage Rd: Near misses as vehicles turn from Vintage Hills Dr, left on to Rancho California Rd Margarita Rd: Solana Wy to Stonewood Rd: High number of severe bicycle injuries Pauba Rd: Margarita Rd to Via Rami / Linfield Wy: Student crossing on segment adjoining Temecula Valley High School. Missing sidewalk along portions of the north side Rancho Vista Rd: Margarita Rd to Meadows Pkwy: Student crossing on segment adjoining Temecula Valley High School. Missing sidewalk along portions of the south side J.R. Richardson, Temecula Pkwy / Hwy 79: Old Town Front St to La Paz Rd / La Paz St Public Traffic Safety Rancho California Rd: Jefferson Ave / Old Town Front St to Ynez Rd Commission Winchester Rd: Jefferson Ave to Ynez Rd Margarita Rd: Solana Wy to Stonewood Rd Rancho Vista Rd: Margarita Rd to Meadows Pkwy Anthony Hamilton, Winchester Rd: Yenz Rd to Margarita Rd Temecula Police Department Rancho California Rd: Margarita Rd to Meadows Pkwy Margarita Rd: Overland Dr to Winchester Rd Anonymous 1, Margarita Rd: Rancho California Rd to Rancho Vista Rd Temecula Police Department Anonymous 3, Temecula Pkwy Northbound 1-15 On -Ramp: Should have two Temecula Police Department dedicated lanes. Remove center island. Many collisions here. David Matics, Old Town Front St: 1ST St to Temecula Pkwy and Public Traffic Safety Temecula Pkwy: Old Town Front St to Pechanga Pkwy: Temecula Commission Pkwy speed difference is dangerous for ped/bike traffic. There is a safer crossing on Santiago, but segments of Ynez have no sidewalk and missing portions of bike lane TEMECULA LOCAL ROAD SAFETY PLAN - A-4 37 Anonymous 4, Temecula Valley High School: Afternoon has a large amount of Temecula Police Department students entering the crosswalk on the south side of Margarita Rd & Pauba Rd after the crosswalk signals are solid red. Pedestrians disrupt traffic flow for those that have a green signal. 38 Enrique Nunez, Abbey Reinke Elementary School: School stopped traffic on Sunny Temecula Police Department Meadows Drive northbound for vehicles making left turn into the school parking lot Temecula Valley High School: Jaywalking on Margarita Rd 39 Anthony Hamilton, Margarita Middle School: Speeding Temecula Police Department Temecula Elementary School: Speeding 40 Anonymous 1, Margarita Middle School: Speeding eastbound and westbound in front Temecula Police Department of the school over the hill Vail Ranch Middle School: Speeding on Camino Piedra Rojo 41 Anonymous 2, Temecula Valley High School Temecula Police Department Great Oak High School Margarita Middle School Chaparral High School 42 David Matics, Temecula Valley High School: lack of adequate student parking space; Public Traffic Safety ped xing across Rancho California Rd; public safety incidents at RRSP; Commission parents using Plaza Del Sol commercial center for student pickup at Margarita Rd / Pauba Rd James Day Middle School: ped xing to/from Long Canyon Creek Park Temecula Middle School: ped xing to/from Meadows Park 43 J.R. Richardson, Temecula Valley High School: Rancho Vista Rd east of TVHS Public Traffic Safety Springs Charter School: Margarita Rd & Pauba Rd Commission Temecula Valley Middle School: Meadows Pkwy 44 Enrique Nunez, Ronald Reagan Sports Park: High 50 MPH speed limit Temecula Police Department 45 David Matics, Mike Naggar Park: ped xing across Margarita Rd; underdeveloped trail Public Traffic Safety connecting to Temecula Town Center Commission Meadows Park: ped xing to/from Temecula Middle School Long Canyon Creek Park: ped xing to/from James Day Middle School SkyView Park: unmarked speed limit on Murrieta Hot Springs Road; vehicles traveling 55mph adjacent to park Harveston Community Park: ped xing to/from the inner residential circle, across Harveston Dr 46 J.R. Richardson, Meadows Park: Entry / exit vs. speeding Public Traffic Safety Ronald Reagan Sports Park: Left turn entry conflicts since lane Commission reduction on Rancho Vista Rd TEMECULA LOCAL ROAD SAFETY PLAN - A-5 47 48 �Xl 51 53 54 David Matics, Temecula Pkwy from Pechanga Pkwy to Jedidiah Smith Rd: Limited Public Traffic Safety access to commercial centers for residents south of Temecula Creek. Commission Ped traffic is concentrated onto Pechanga Pkwy and Temecula Pkwy, where there is a narrow bridge (lane is right up against the sidewalk with no bike lane), and driver attention is focused on lane changes / merging. The high speed difference produces greater risk of more severe collisions. Separated pedestrian / bicycle crossing across the creek from Jedediah Smith Rd to Friendship Park is one possible solution J.R. Richardson, Costco parking overflow pedestrians crossing the mall at Ring Rd. A Public Traffic Safety crosswalk and/or signal is needed Commission Vicinity of Chaparral High School along Winchester Rd Enrique Nunez, Pedestrian countdown signal heads Temecula Police Department Pedestrian crosswalk enhancements Intersection safety lighting Anonymous 2, Pedestrian countdown signal heads Temecula Police Department Pedestrian crossing enhancements Volunteer safety patrol programs David Matics, Pedestrian countdown signal heads: Include ADA enhancements Public Traffic Safety citywide and prioritize major corridors first Commission New sidewalks, multi -use paths, and trails: More trails separating ped/bike traffic from vehicular traffic, to reduce collisions with high speed difference Other: RRFB and PHB crossing along school routes where multi -way stop control isn't viable J.R. Richardson, Pedestrian crossing enhancements Public Traffic Safety Pedestrian countdown signal heads Commission New sidewalks, multi -use paths, and trails i Enrique Nunez, Margarita Rd & Temecula Pkwy: Northbound Margaria Rd from Temecula Police Department Temecula Parkway has no room for bicyclists David Matics, Rancho California Rd between 1-15 Ramps: Difficult crossing; bicyclists Public Traffic Safety must merge across freeway on -ramps. Driver attention is on lane - Commission changing; not looking for bike traffic Rancho California Rd / Trail between Diaz Rd and Jefferson Rd: Bicyclists must currently ride on sidewalk / wrong side of road to make this trail connection Temecula Pkwy & Old Town Front St: Bicyclists must contend with freeway on -ramps and vehicle merging into left -turn lane for Front St. Doesn't fully connect to Murrieta Creek Trail TEMECULA LOCAL ROAD SAFETY PLAN - A-6 Temecula Pkwy & Pechanga Pkwy: Difficult intersection. No connection between Great Oak Trail and Jedediah Smith Rd 55 J.R. Richardson, Bicycle ingress / egress to Wine Country on Rancho California Rd is Public Traffic Safety scary on all 3 approach legs. Eastbound Rancho California Rd loss into Commission Wine Country distracts drivers who must merge from the presence of bicyclists 56 Enrique Nunez, Bike lanes Temecula Police Department Bicycle rodeos / safety training Volunteer safety patrol programs 57 Anonymous 2, Bike lanes Temecula Police Department Bicycle rodeos / safety training Volunteer safety patrol programs 58 David Matics, Bike lanes: Bike lanes with buffer, paired with road diet where Public Traffic Safety appropriate. Bollards would be a plus Commission Other: Colored pavement for bike lanes and/or "Street Art" program to highlight bikeways, sharrows, intersections; bollards to change buffered bikes lanes into protected bike lanes; ensure sensor -loops detect bicycles at signalized lights; implement bicycle signal heads along major bicycling corridors 59 J.R. Richardson, Other: Green sharrow markings where bike lanes won't fit Public Traffic Safety Commission 60 Anonymous 4, Traffic collisions are common at Margarita Rd & Pauba Rd. Temecula Police Department Recommend installing traffic camera. 61 Anonymous 3, Northbound Butterfield Stage Rd from Temecula Pkwy: Goes from Temecula Police Department 2-lanes to 1-lane for only 100 years then back to 2-lanes. This roadway is very busy and traffic always bottlenecks here. It should be 2-lanes continuous. 62 David Matics, Freeway crossing remains a challenge for pedestrians and bicyclists, Public Traffic Safety including Old Town residents looking for safe access to schools, Commission libraries, parks and services east 1-15, as well as west -side residents crossing to work in the industrial zone and patronize businesses in Old Town Multi -use trail and bikeway users have difficulty crossing major corridors (e.g. Rancho California and Temecula Pkwy) In some neighborhoods, it is challenging to provide adequate ingress/egress for residents without encouraging cut -through traffic (e.g. Meadowview, Los Ranchitos) 63 J.R. Richardson, U-turn conflicts and "near misses" continue to be a top concern of Public Traffic Safety mine. Most notable examples in Temecula is Overland Dr westbound Commission u-turn at Ynez Rd to return eastbound (between Costco and BJ's). I TEMECULA LOCAL ROAD SAFETY PLAN - A-7 have previously proposed signage for this. PTSC has requested a u-turn conflict study in the past, but never addressed 64 Erick Escobedo, Intersection / street Lighting Temecula Traffic Engineering Improve sight distance at intersections Safe Routes to School Programs 65 Anonymous 4, Road diet at Redhawk Pkwy east of Vail Ranch Pkwy Temecula Police Department 66 Enrique Nunez, Intersection / street Lighting Temecula Police Department 67 Anthony Hamilton, Other: Motorcycle detection at intersections Temecula Police Department 68 Anonymous 1, Temecula Police Department 69 Anonymous 2, Temecula Police Department Improve sight distance at intersections Safe Routes to School Programs DUI Enforcement Programs Emergency vehicle pre-emption systems Intersection / street lighting Improve sight distance at intersections Guardrails Safe Routes to School Programs 70 David Matics, Emergency Vehicle Pre-Emption Systems: Work with commercial Public Traffic Safety center owners to eliminate vertical displacement elements on private Commission roads (e.g. Wolf Store Rd) Road Diet: The preferred countermeasure on residential roads, wherever possible Alcohol -Drug Awareness Programs: Every 1S Minutes program Safe Routes to School Programs: Multi -way stop control and / or RRFP / PHB Other: Visual friction techniques 71 J.R. Richardson, Emergency vehicle pre-emption systems Public Traffic Safety Intersection / street lighting Commission Roundabout Improve sight distance at intersections Edgelines and centerlines TEMECULA LOCAL ROAD SAFETY PLAN - A-8 APPENDIX B CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) RANKINGS Agency Year County Group Population (Avg) DVMT Temecula 2016 RIVERSIDE COUNTY B 112040 1249165 TYPE OF CRASH VICTIMS KILLED & INJURED OTS RANKING Total Fatal and Injury = 26/58 Alcohol Involved 4 49/58 Had Been Drinking Driver < 21 54/58 Had Been Drinking Driver 21 - 34 _ 53/58 Motorcycles 6 _? 5/58 Pedestrians 27 40/58 Pedestrians < 15 Pedestrians 65+ Bicyclists Bicyclists < 15 Composite TYPE OF CRASH Speed Related Nighttime (9:00pm - 2:59am) Hit and Run TYPE OF ARRESTS DUI Arrests 2 42/58 0 53/58 12 52/58 3 t 30/58 418 48/58 FATAL & INJURY CRASHES 302 20 ARRESTS OTS RANKING 7/58 50/58 48/58 OTS RANKING* 20/58 TEMECULA LOCAL ROAD SAFETY PLAN - B-1 Agency Year Temecula 2017 County RIVERSIDE COUNTY TYPE OF CRASH Total Fatal and Injury Alcohol Involved Had Been Drinking Driver < 21 Had Been Drinking Driver 21 - 34 Motorcycles Pedestrians Pedestrians < 15 Pedestrians 65+ Bicyclists Bicyclists < 15 Composite TYPE OF CRASH Speed Related Nighttime (9:00pm - 2:59am) Hit and Run Group Population (Avg) B 113248 VICTIMS KILLED & INJURED 505 30 1 13 41 24 3 2 20 3 221 FATAL & INJURY CRASHES 137 27 13 DVMT 1261602 OTS RANKING 33/58 48/58 41/58 39/58 6/58 42/58 32/58 41/58 34/58 23/58 39/58 OTS RANKING 7/58 48/58 48/58 TYPE OF ARRESTS ARRESTS OTS RANKING* DUI Arrests 267 30/58 TEMECULA LOCAL ROAD SAFETY PLAN - B-2 Agency Year County Group Temecula 2018 RIVERSIDE COUNTY B TYPE OF CRASH Total Fatal and Injury Alcohol Involved Had Been Drinking Driver < 21 Had Been Drinking Driver 21 - 34 Motorcycles Pedestrians Pedestrians < 15 Pedestrians 65+ Bicyclists Bicyclists < 15 Composite TYPE OF CRASH Speed Related Nighttime (9:00pm - 2:59am) Hit and Run TYPE OF ARRESTS DUI Arrests Population (Avg) 111879 DVMT 1175543 VICTIMS KILLED & INJURED OTS RANKING 536 31/59 48 32/59 1 39/59 14 35/59 50 1 /59 22 41/59 4 28/59 9 7/59 18 41 /59 6 8/59 251 38/59 FATAL & INJURY CRASHES OTS RANKING 147 5/59 25 52/59 16 49/59 ARRESTS OTS RANKING* NA TEMECULA LOCAL ROAD SAFETY PLAN - B-3 Agency Year 2018 County Group Population (Avg) RIVERSIDE COUNTY B 207181 DVMT 1633834 Moreno Valley TYPE OF CRASH VICTIMS KILLER & INJURED OTS RANKING Total Fatal and Injury 580 54/59 Alcohol Involved 40 55/59 Had Been Drinking Driver < 21 2 43/59 r Had Been Drinking Driver 21 - 34 15 52/59 Motorcycles 20 56/59 Pedestrians 33 56/59 Pedestrians < 15 7 41 /59 Pedestrians 65+ 2 58/59 Bicyclists 20 54/59 Bicyclists < 15 3 46/59 Composite 254 56/59 TYPE OF CRASH FATAL & INJURY CRASHES OTS RANKING Speed Related 110 44/59 Nighttime (9:00pm - 2:59am) 45 55/59 Hit and Run 42 51 /59 TYPE OF ARRESTS ARRESTS OTS RANKING` DUI Arrests NA TEMECULA LOCAL ROAD SAFETY PLAN - B-4 Agency Year Murrieta 2018 County RIVERSIDE COUNTY Group Population (Avg) B. 114193 TYPE OF CRASH VICTIMS KILLED & INJURED Total Fatal and Injury Alcohol Involved - :+ Had Been Drinking Driver < 21 Had Been Drinking Driver 21 - 34 11 Motorcycles 18 Pedestrians 9 Pedestrians < 15 0 Pedestrians 65+ 3 Bicyclists 11 Bicyclists < 15 3 Composite 121 TYPE OF CRASH Speed Related Nighttime (9:00pm - 2:59am) Hit and Run TYPE OF ARRESTS DUI Arrests FATAL& INJURY CRASHES 54 14 11 ARRESTS DVMT 796978 OTS RANKING 55159 50159 28159 42159 35159 58159 59159 47159 53159 28159 52I59 OTS RANKING 47/59 58/59 55159 OTS RANKING* TEMECULA LOCAL ROAD SAFETY PLAN - B-5 Agency Year County Group Population (Avg) DVMT Moreno Valley 2018 RIVERSIDE COUNTY B 207181 I 1633834 I TYPE OF CRASH VICTIMS KILLED & INJURED OTS RANKING Total Fatal and Injury 580 54/59 Alcohol Involved 40 55/59 Had Been Drinking Driver < 21 2 43/59 r Had Been Drinking Driver 21 - 34 15 52/59 Motorcycles 20 56/59 Pedestrians 33 56/59 Pedestrians < 15 7 41 /59 Pedestrians 65+ 2 58/59 Bicyclists 20 54/59 Bicyclists < 15 3 46/59 Composite 254 56/59 TYPE OF CRASH Speed Related Nighttime (9:00pm - 2:59am) Hit and Run TYPE OF ARRESTS DUI Arrests FATAL & INJURY CRASHES 110 45 42 ARRESTS OTS RANKING 44/59 55/59 51/59 OTS RANKING* NA Agency Year Murrieta 2018 County RIVERSIDE COUNTY Group Population (Avg) B. 114193 TYPE OF CRASH VICTIMS KILLED & INJURED Total Fatal and Injury Alcohol Involved - :+ Had Been Drinking Driver < 21 Had Been Drinking Driver 21 - 34 11 Motorcycles 18 Pedestrians 9 Pedestrians < 15 0 Pedestrians 65+ 3 Bicyclists 11 Bicyclists < 15 3 Composite 121 TYPE OF CRASH Speed Related Nighttime (9:00pm - 2:59am) Hit and Run TYPE OF ARRESTS DUI Arrests FATAL& INJURY CRASHES 54 14 11 ARRESTS DVMT 796978 OTS RANKING 55159 50159 28159 42159 35159 58159 59159 47159 53159 28159 52I59 OTS RANKING 47/59 58/59 55159 OTS RANKING* NA Agency Year County Group Population (Avg) DVMT Temecula 2016 RIVERSIDE COUNTY B 112040 1249165 TYPE OF CRASH VICTIMS KILLED & INJURED OTS RANKING Total Fatal and Injury = 26/58 Alcohol Involved 4 49/58 Had Been Drinking Driver < 21 54/58 Had Been Drinking Driver 21 - 34 _ 53/58 Motorcycles 6 _? 5/58 Pedestrians 27 40/58 Pedestrians < 15 Pedestrians 65+ Bicyclists Bicyclists < 15 Composite TYPE OF CRASH Speed Related Nighttime (9:00pm - 2:59am) Hit and Run TYPE OF ARRESTS DUI Arrests 2 42/58 0 53/58 12 52/58 3 t 30/58 418 48/58 FATAL & INJURY CRASHES 302 ARRESTS 20 OTS RANKING 7/58 50/58 48/58 OTS RANKING* 20/58 Agency Year Temecula 2017 County RIVERSIDE COUNTY TYPE OF CRASH Total Fatal and Injury Alcohol Involved Had Been Drinking Driver < 21 Had Been Drinking Driver 21 - 34 Motorcycles Pedestrians Pedestrians < 15 Pedestrians 65+ Bicyclists Bicyclists < 15 Composite TYPE OF CRASH Speed Related Nighttime (9:00pm - 2:59am) Hit and Run TYPE OF ARRESTS DUI Arrests Group Population (Avg) B 113248 VICTIMS KILLED & INJURED 505 30 1 13 41 24 3 2 20 3 221 FATAL & INJURY CRASHES 137 27 13 DVMT 1261602 OTS RANKING 33/58 48/58 41/58 39/58 6/58 42/58 32158 41/58 34/58 23158 39/58 OTS RANKING 7/58 48/58 48/58 ARRESTS OTS RANNUNG* 267 30/58 Agency Year County Group Temecula 2018 RIVERSIDE COUNTY B TYPE OF CRASH Total Fatal and Injury Alcohol Involved Had Been Drinking Driver < 21 Had Been Drinking Driver 21 - 34 Motorcycles Pedestrians Pedestrians < 15 Pedestrians 65+ Bicyclists Bicyclists < 15 Composite TYPE OF CRASH Speed Related Nighttime (9:OOpm - 2:59am) Hit and Run Population (Avg) 111879 VICTIMS KILLED & INJURED 536 48 1 14 50 22 4 9 18 6 251. FATAL & INJURY CRASHES 147 25 16 DVMT 1175543 OTS RANKING 31/59 32/59 39/59 35/59 1 /59 41/59 28/59 7/59 41/59 I 8/59 38/59 OTS RANKING 5/59 52/59 49/59 TYPE OF ARRESTS ARRESTS OTS RANKING* DUI Arrests NA APPENDIX C ENGINEERING COUNTERMEASURE TOOLBOX 11•e Heart of Sou.hern California Wine Coun_ry TABLE OF CONTENTS Signalized Intersection Countermeasures............................................................................................3 S01: Add Intersection Lighting(S.I.).........................................................................................................3 S02: Improve Signal Hardware: Lenses, Back -Plates with Retroreflective Borders, Mounting, Size, and Number.................................................................................................................................................... 4 S03: Improve Signal Timing (Coordination, Phases, Red, Yellow, or Operation).....................................5 S05: Install Emergency Vehicle Pre-Emption Systems.............................................................................6 S06: Install left -turn lane and add turn phase (signal has no left -turn lane or phase before)................7 S07: Provide Protected Left Turn Phase (Left Turn Lane Already Exists) ................................................ 8 S10: Install Flashing Beacons as Advance Warning (S.I.).........................................................................9 S11: Improve Pavement Friction (High Friction Surface Treatments)...................................................10 S12: Install Raised Median on Approaches (S.I.)...................................................................................11 S13PB: Install Pedestrian Median Fencing on Approaches...................................................................12 S16: Covert Intersection to Roundabout (From Signal).........................................................................13 S17PB: Install Pedestrian Countdown Signal Heads..............................................................................14 S18PB: Install Pedestrian Crossing(S.I.).................................................................................................15 S21PB: Modifying Signal Phasing to Implement a Leading Pedestrian Interval (LPI) ............................16 Unsignalized Intersection Countermeasures....................................................................................17 NS01: Add Intersection Lighting(NS.I.)..................................................................................................17 NS03: Install Signals...............................................................................................................................18 NSO4: Convert Intersection to Roundabout (From All Way Stop) and NS05: Convert Intersection to Roundabout (From Stop or Yield Control on Minor Road)....................................................................19 NS06: Install / Upgrade Larger or Additional Stop Signs or Other Intersection Warning / Regulatory Signs....................................................................................................................................................... 20 NS07: Upgrade Intersection Pavement Markings(NS.1)........................................................................21 NS08: Install Flashing Beacons at Stop -Controlled Intersections..........................................................22 NS09: Install Flashing Beacons as Advance Warning(NS.1)...................................................................23 NS12: Improve Pavement Friction (High Friction Surface Treatments)................................................24 NS14: Install Raised Median on Approaches (NS.I.)..............................................................................25 NS17: Install Right -Turn Lane(NS.I.)......................................................................................................26 NS18: Install Left -Turn Lane (Where No Left -Turn Lane Exists)............................................................27 NS19PB: Install Raised Medians / Refuge Islands (NS.I.).......................................................................28 TEMECULA LOCAL ROAD SAFETY PLAN - C-1 NS20B: Install Pedestrian Crossing at Uncontrolled Locations (New Signs and Markings Only) ..........29 NS21PB: Install/Upgrade Pedestrian Crossing at Uncontrolled Locations (With Enhanced Safety Features)................................................................................................................................................ 30 NS22PB: Install Rectangular Rapid Flashing Beacon(RRFB)..................................................................31 NS23PB: Install Pedestrian Signal (Including Pedestrian Hybrid Beacon (HAWK).................................32 Roadway Countermeasures.................................................................................................................. 33 R01: Add Segment Lighting....................................................................................................................33 R03: Install Median Barrier....................................................................................................................34 R04: Install Guardrail.............................................................................................................................35 R08: Install Raised Median....................................................................................................................36 R10PB: Install Pedestrian Median Fencing on Approaches...................................................................37 R11: Install Acceleration / Deceleration Lanes......................................................................................38 R14: Road Diet (Reduce Travel Lanes From 4 to 3 and Add a Two Way Left -Turn and Bike Lanes) .....39 R15: Widen Shoulder.............................................................................................................................40 R17: Improve Horizontal Alignment (Flatten Curves)............................................................................41 R18: Flatten crest vertical curve............................................................................................................42 R21: Improve Pavement Friction (High Friction Surface Treatments)...................................................43 R22: Install/Upgrade Signs with New Fluorescent Sheeting (Regulatory or Warning) .........................44 R25: Install Curve Advance Warning Signs (Flashing Beacon)...............................................................45 R26: Install Dynamic/Variable Speed Warning Signs.............................................................................46 R28: Install Edge -Lines and Centerlines.................................................................................................47 R30: Install Centerline Rumble Strips / Stripes......................................................................................48 R31: Install Edgeline Rumble Strips / Stripes.........................................................................................49 R32PB: Install Bike Lanes.......................................................................................................................50 R33PB: Install Separated Bike Lanes......................................................................................................51 R34PB: Install Sidewalk/Pathway (To Avoid Walking Along Roadway).................................................52 R35PB: Install/Upgrade Pedestrian Crossing (With Enhanced Safety Features)...................................53 R36PB: Install Raised Pedestrian Crossing.............................................................................................54 R37PB: Install Rectangular Rapid Flashing Beacon................................................................................55 TEMECULA LOCAL ROAD SAFETY PLAN - C-2 SIGNALIZED INTERSECTION COUNTERMEASURES S01: Add Intersection Lighting (S.I.) S1 100% Night 40% 20 years 1 $1,000 per light Countermeasure Description: Adding intersection lighting to signalized intersections helps improve visibility of the intersection and helps reduce potential conflicts. Adequately illuminated intersections increase driver awareness of crossing pedestrians for approaching motorists and assists pedestrians navigating the crosswalks. Where to Use: Signalized intersections that have a disproportionate number of night-time crashes and do not currently provide lighting at the intersection or at its approaches. Crash data should be studied to ensure that safety at the intersection could be improved by providing lighting. This strategy would be supported by a significant number of crashes that occur at night. This countermeasure can only be applied to night crashes that occur within the limits of the proposed lighting area. Why It Works: Providing lighting at the intersection itself, or both at the intersection and on its approaches, improves the safety of an intersection during nighttime conditions by (1) making drivers more aware of the surroundings at an intersection, which improves drivers' perception -reaction times, (2) enhancing drivers' available sight distances, and (3) improving the visibility of non -motorists. Intersection lighting is of particular benefit to non -motorized users. Lighting not only helps them navigate the intersection, but also helps drivers see them better. TEMECULA LOCAL ROAD SAFETY PLAN - C-3 SO2: Improve Signal Hardware: Lenses, Back -Plates with Retroreflective Borders, Mounting, Size, and Number 100% All 15% 10 years 1 $1,500 per signal head Countermeasure Description: Improving signal hardware enhances the visibility of the signalized intersection to allow drivers proper reaction time to maneuver accordingly and/or avoid conflicts. This countermeasure does not apply to improvements like battery backup systems. Where to Use: Signalized intersections with a high frequency of right-angle and rear -end crashes occurring because drivers are unable to see traffic signals sufficiently in advance to safely negotiate the intersection being approached. Signal intersection improvements include new LED lighting, signal back plates, retro- reflective tape outlining the back plates, or visors to increase signal visibility, larger signal heads, relocation of the signal heads, or additional signal heads. Why It Works: Providing better visibility of intersection signals aids the drivers' advance perception of the upcoming intersection. Visibility and clarity of the signal should be improved without creating additional confusion for drivers. TEMECULA LOCAL ROAD SAFETY PLAN - C-4 S03: Improve Signal Timing (Coordination, Phases, Red, Yellow, or Operation) LRSM COUNTERMEASURE FEDERAL FUNDING ELIGIBILITY CRASH TYPES ADDRESSED 15% 10 years $4,000 per intersection Countermeasure Description: Optimizing traffic signal timing helps improve mobility at an intersection for vehicles and pedestrians. Through proper coordination, corridors can reduce overall delay time at an intersection and provide better progression of traffic flow. Where to Use: Locations that have a crash history at multiple signalized intersections. Signalization improvements may include adding phases, lengthening clearance intervals, eliminating or restricting higher -risk movements, and coordinating signals at multiple locations. Understanding the corridor or roadway's crash history can provide insight into the most appropriate strategy for improving safety. Why It Works: Certain timing, phasing, and control strategies can produce multiple safety benefits. Sometimes capacity improvements come along with the safety improvements and other times adverse effects on delay or capacity occur. Corridor improvements often have the highest benefit but may take longer to implement. Projects focused on capacity improvements (without a separate focus on signal timing safety needs) may not result in a reduction in future crashes. TEMECULA LOCAL ROAD SAFETY PLAN - C-5 SOS: Install Emergency Vehicle Pre-Emption Systems S5 100% Emergency Vehicle - only L 70% 10 years $10,000-$20,000 per intersection Countermeasure Description: The installation of emergency vehicle pre-emption systems allows emergency vehicles to disrupt a normal signal cycle to proceed through the intersection in a more quick and safer manner. Signal pre-emption systems can help reduce driver confusion through the sudden appearance of an emergency vehicle and help lower overall emergency response times. Where to Use: Corridors that have a history of crashes involving emergency response vehicles. The target of this strategy is signalized intersections where normal traffic operations impede emergency vehicles and where traffic conditions create a potential for conflicts between emergency and nonemergency vehicles. These conflicts could lead to almost any type of crash, due to the potential for erratic maneuvers of vehicles moving out of the paths of emergency vehicles. Why It Works: Providing emergency vehicle preemption capability at a signal or along a corridor can be a highly effective strategy in two ways; any type of crash could occur as emergency vehicles try to navigate through intersections and as other vehicles try to maneuver out of the path of the emergency vehicles. In addition, a signal preemption system can decrease emergency vehicle response times therefore decreasing the time in receiving emergency medical attention, which is critical in the outcome of any crash. When data is not available for past crashes with emergency vehicles, an agency may consider combining the E.V. pre- emption improvements into a comprehensive project that also makes significant signal hardware and/or signal timing improvements. TEMECULA LOCAL ROAD SAFETY PLAN - C-6 SO6: Install left -turn lane and add turn phase (signal has no left -turn lane or phase before) LRSM COUNTERMEASURE FEDERAL FUNDING ELIGIBILITY CRASH TYPES ADDRESSED SS% 20 years $200,000 per intersection Countermeasure Description: The installation of protected left -turn phasing eliminates conflicts between left -turning vehicles and opposing through vehicles and pedestrians that are present under permissive phasing. Providing a dedicated left -turn turn lane physically separates vehicles from the through and right turn movements and prevents signal queuing and delay. Where to Use: Intersections that do not currently have a left turn lane or a related left -turn phase that are experiencing a large number of crashes. Many intersection safety problems can be traced to difficulties in accommodating left -turning vehicles, in particular where there is currently no accommodation for left turning traffic. A key strategy for minimizing collisions related to left -turning vehicles (angle, rear -end, sideswipe) is to provide exclusive left -turn lanes and the appropriate signal phasing, particularly on high - volume and high-speed major -road approaches. Agencies need to document their consideration of the MUTCD, Section 4D.19 guidelines; the section on implementing protected left -turn phases. Why It Works: Left -turn lanes allow separation of left -turn and through -traffic streams, thus reducing the potential for rear -end collisions. Left -turn phasing also provides a safer opportunity for drivers to make a left -turn. The combination of left -turn storage and a left turn signal has the potential to reduce many collisions between left -turning vehicles and through vehicles and/or non -motorized road users. TEMECULA LOCAL ROAD SAFETY PLAN - C-7 SO7: Provide Protected Left Turn Phase (Left Turn Lane Already Exists) EW S7 100% All 30% 20 years $100,000 per intersection Description: The installation of protected left -turn phasing eliminates conflicts between left -turning vehicles and opposing through vehicles and pedestrians that are present under permissive phasing. Where to Use: Signalized intersections (with existing left turns pockets) that currently have a permissive left -turn or no left -turn protection that have a high frequency of angle crashes involving left turning, opposing through vehicles, and non -motorized road users. A properly timed protected left -turn phase can also help reduce rear -end and sideswipe crashes between left -turning vehicles and the through vehicles as well as vehicles behind them. Protected left -turn phases are warranted based on such factors as turning volumes, delay, visibility, opposing vehicle speed, distance to travel through the intersection, presence of non -motorized road users, and safety experience of the intersections. Agencies need to document their consideration of the MUTCD, Section 4D.19 guidelines; the section on implementing protected left -turn phases. Why It Works: Left turns are widely recognized as the highest -risk movements at signalized intersections. Providing Protected left -turn phases (i.e., the provision for a specific phase for a turning movement) for signalized intersections with existing left turn pockets significantly improve the safety for left -turn maneuvers by removing the need for the drivers to navigate through gaps in oncoming/opposing through vehicles. Where left turn pockets are not protected, the pedestrian and bicyclist crossing phase often conflicts with these left turn maneuvers. Drivers focused on navigating the gaps of oncoming cars may not anticipate and/or perceive the non -motorized road users. TEMECULA LOCAL ROAD SAFETY PLAN - C-8 S1O: Install Flashing Beacons as Advance Warning (S.I.) All 30% 10 years $12,000 per assembly Countermeasures Description: Advance flashing beacons can be used to supplement and call a driver's attention to intersection control signs. This treatment involves installing flashing beacons, mounted on a post, or mounted on a mast arm, in advance of the intersection. Most advance warning flashing beacons can be powered by solar, thus reducing the issues relating to a power source. Where to Use: At signalized intersections with crashes that are a result of drivers being unaware of the intersection or are unable to see the traffic control device in time to comply. Why It Works: Increased driver awareness of an approaching signalized intersection and an increase in the driver's time to react. Driver awareness of both downstream intersections and traffic control devices is critical to intersection safety. Crashes often occur when the driver is unable to perceive an intersection, signal head or the back of a stopped queue in time to react. Advance flashing beacons can be used to supplement and call driver attention to intersection control signs. Most advance warning flashing beacons can be powered by solar, thus reducing the issues relating to power source. TEMECULA LOCAL ROAD SAFETY PLAN - C-9 S11: Improve Pavement Friction (High Friction Surface Treatments) S11 ' 100% All 55% 10 years $50 per square yd Countermeasure Description: High friction surface treatment (HFST) involves the application of high -quality aggregate to the pavement using a polymer binder to restore pavement friction at intersections that have less friction than is needed for the roadway approach speeds and/or geometry. HFST aids motorists in maintaining better control in dry and wet driving conditions. Where to Use: Nationally, this countermeasure is referred to as "High Friction Surface Treatments" or HFST. Signalized Intersections noted as having crashes on wet pavements or under dry conditions when the pavement friction available is significantly less than needed for the actual roadway approach speeds. This treatment is intended to target locations where skidding and failure to stop is determined to be a problem in wet or dry conditions and the target vehicle is unable to stop due to insufficient skid resistance. Why It Works: Improving the skid resistance at locations with high frequencies of wet -road crashes and/or failure to stop crashes can result in reductions of 50 percent for wet -road crashes and 20 percent for total crashes. Applying HFST can double friction numbers, e.g. low 40s to high 80s. This CM represents a special focus area for both FHWA and Caltrans, which means there are extra resources available for agencies interested in more details on High Friction Surface Treatment projects. TEMECULA LOCAL ROAD SAFETY PLAN - C-10 S12: Install Raised Median on Approaches (S.I.) S12 90% All REDUCTIONCRASH 1• EXPECTED LIFE APPROXIMATE 25% 20 years $30 per linear foot Countermeasure Description: Raised medians help prevent accidents caused by crossover traffic, reduce headlight glare distraction and separate left -turning traffic from through lanes when combined with left -turn lanes. This treatment involves installing raised median at intersection approaches directly over existing pavement. This method does not require excavation of the existing pavement. Where to Use: Intersections noted as having turning movement crashes near the intersection as a result of insufficient access control. Application of this CM should be based on current crash data and a clearly defined need to restrict or accommodate the movement. Why It Works: Raised medians next to left -turn lanes at intersections offer a cost-effective means for reducing crashes and improving operations at higher volume intersections. The raised medians prohibit left turns into and out of driveways that may be located too close to the functional area of the intersection. TEMECULA LOCAL ROAD SAFETY PLAN - C-11 S13PB: Install Pedestrian Median Fencing on Approaches S13 90% 1 Pedestrian and Bicycle 35% 20 years $50-$75 per linear foot Countermeasure Description: The installation of pedestrian median fencing along approaches helps direct pedestrians to a preferred formal crossing point and discourages pedestrians from making dangerous crossing movements where visibility may be limited. Where to Use: Signalized Intersections with high pedestrian -generators nearby (e.g. transit stops) may experience a high volumes of pedestrians J-walking across the travel lanes at mid -block locations instead of walking to the intersection and waiting to cross during the walk -phase. When this safety issue cannot be mitigated with signal timing and shoulder/sidewalk treatments, then installing a continuous pedestrian barrier in the median may be a viable solution. Why It Works: Adding pedestrian median fencing has the opportunity to enhance pedestrian safety at locations noted as being problematic involving pedestrians running/darting across the roadway outside the intersection crossings. Pedestrian median fencing can significantly reduce this safety issue by creating a positive barrier, forcing pedestrians to the designated pedestrian crossing. TEMECULA LOCAL ROAD SAFETY PLAN - C-12 S16: Covert Intersection to Roundabout (From Signal) S16 100% All $400,000 - $800,000 (for traffic Varies 20 years signal removal and construction of roundabout). Cost for roadway widening may be higher/vary Countermeasure Description: A roundabout reduces the number and severity of conflict points making it a significantly safer type of intersection. This treatment involves converting a signalized intersection to a roundabout and does not include application of mini -roundabouts. Where to Use: Signalized intersections that have a significant crash problem and the only alternative is to change the nature of the intersection itself. Roundabouts can also be very effective at intersections with complex geometry and intersections with frequent left -turn movements. Why It Works: The types of conflicts that occur at roundabouts are different from those occurring at conventional intersections; namely, conflicts from crossing and left -turn movements are not present in a roundabout. The geometry of a roundabout forces drivers to reduce speeds as they proceed through the intersection. This helps keep the range of vehicle speed narrow, which helps reduce the severity of crashes when they do occur. Pedestrians only have to cross one direction of traffic at a time at roundabouts, thus reducing their potential for conflicts. TEMECULA LOCAL ROAD SAFETY PLAN - C-13 S17PB: Install Pedestrian Countdown Signal Heads S17PB 1100% Pedestrian and Bicycle 25% 20 years $300 - $1,000 per ped head Countermeasure Description: This treatment involves installing new or upgrading the pedestrian signal head to a countdown signal head. The countdown signal head has a timer that shows the amount of time left in the pedestrian phase. Where to Use: Signals that have signalized pedestrian crossing with walk/don't walk indicators and where there have been pedestrian vs. vehicle crashes. Why It Works: A pedestrian countdown signal contains a timer display and counts down the number of seconds left to finish crossing the street. Countdown signals can reassure pedestrians who are in the crosswalk when the flashing "DON'T WALK" interval appears that they still have time to finish crossing. Countdown signals begin counting down either when the "WALK" or when the flashing "DON'T WALK" interval appears and stop at the beginning of the steady "DON'T WALK" interval. These signals also have been shown to encourage more pedestrians to use the pushbutton rather than jaywalk. TEMECULA LOCAL ROAD SAFETY PLAN - C-14 S18PB: Install Pedestrian Crossing (S.I.) S18PB 100% Pedestrian and Bicycle 25% 20 years $5,000 per approach Countermeasure Description: This treatment involves reducing the risk for pedestrians attempting to cross the road by providing a clearly defined point where pedestrians are 'expected' to cross. Where to Use: Signalized Intersections with no marked crossing and pedestrian signal heads, where pedestrians are known to be crossing intersections that involve significant turning movements. They are especially important at intersections with (1) multiphase traffic signals, such as left -turn arrows and split phases, (2) school crossings, and (3) double -right or double -left turns. At signalized intersections, pedestrian crossings are often safer when the left turns have protected phases that do not overlap the pedestrian walk phase. Why It Works: Adding pedestrian crossings has the opportunity to enhance pedestrian safety at locations noted as being problematic. Nearly one-third of all pedestrian -related crashes occur at or within 50 feet of an intersection. Of these, 30 percent may involve a turning vehicle. Another 22 percent of pedestrian crashes involve a pedestrian either running across the intersection or darting out in front of a vehicle whose view was blocked just prior to the impact. Finally, 16 percent of these intersection -related crashes occur because of a driver violation (e.g., failure to yield right-of-way). When agencies opt to install aesthetic enhancement to intersection crosswalks like stamped concrete/asphalt, the project design and construction costs can significantly increase. For HSIP applications, these costs must be accounted for in the B/C calculation, but these costs (over standard crosswalk markings) must be tracked separately and are not federally reimbursable and will increase the agency's local -funding share for the project costs. TEMECULA LOCAL ROAD SAFETY PLAN - C-15 S21PB: Modifying Signal Phasing to Implement a Leading Pedestrian Interval (LPI) 100% Pedestrian and Bicycle 60% 10 years $2,500 per intersection Countermeasure Description: This treatment provides pedestrians a 3-7 second "head start" to start crossing a signalized intersection before the vehicles are given a green phase to proceed through the intersection. This head start increases the visibility of pedestrians and helps to reduce conflicts between pedestrians and turning vehicles. Where to Use: Intersections with signalized pedestrian crossing that have high turning vehicles volumes and have had pedestrian vs. vehicle crashes. Why It Works: A leading pedestrian interval (LPI) gives pedestrians the opportunity to enter an intersection 3-7 seconds before vehicles are given a green indication. With this head start, pedestrians can better establish their presence in the crosswalk before vehicles have priority to turn left. LPIs provide (1) increased visibility of crossing pedestrians; (2) reduced conflicts between pedestrians and vehicles; (3) Increased likelihood of motorists yielding to pedestrians; and (4) enhanced safety for pedestrians who may be slower to start into the intersection. TEMECULA LOCAL ROAD SAFETY PLAN - C-16 UNSIGNALIZED INTERSECTION COUNTERMEASURES NS01: Add Intersection Lighting (NS.I.) NS1 100% 1 Night CRASH REDUCTION FACTOR EXPECTED LIFE APPROXIMATE COST 40, 000 per light Countermeasure Description: Adding intersection lighting to unsignalized intersections helps improve visibility of the intersection and helps reduce potential conflicts. Adequately illuminated intersections increase driver awareness of crossing pedestrians for approaching motorists and assists pedestrians navigating the crosswalks. Where to Use: Non -signalized intersections that have a disproportionate number of night-time crashes and do not currently provide lighting at the intersection or at its approaches. Crash data should be studied to ensure that safety at the intersection could be improved by providing lighting (this strategy would be supported by a significant number of crashes that occur at night). Why It Works: Providing lighting at the intersection itself, or both at the intersection and on its approaches, improves the safety of an intersection during nighttime conditions by (1) making drivers more aware of the surroundings at an intersection, which improves drivers' perception -reaction times, (2) enhancing drivers' available sight distances, and (3) improving the visibility of non -motorists. Intersection lighting is of particular benefit to non -motorized users as lighting not only helps them navigate the intersection, but also helps drivers see them better. TEMECULA LOCAL ROAD SAFETY PLAN - C-17 NSO3: Install Signals NS3 100% All 30% 20 years $400,000 Countermeasure Description: This treatment involves removing existing control at an unsignalized intersection (stop, yield or uncontrolled) and installing a traffic signal. Installation may require modification to lane geometry to facilitate more efficient and safer intersection operations. Application of this countermeasure for HSIP funding requires that all new traffic signals meet MUTCD "safety" warrants 4, 5 and/or 7. Where to Use: Traffic signals can be used to prevent the most severe type crashes (right-angle, left -turn). Consideration to signalize an unsignalized intersection should only be given after (1) less restrictive forms of traffic control have been utilized as the installation of a traffic signal often leads to an increased frequency of crashes (rear -end) on major roadways and introduces congestion and (2) signal warrants have been met. Refer to the CA MUTCD, Section 4C.01, Studies and Factors for Justifying Traffic Control Signals. Why It Works: Traffic signals have the potential to reduce the most severe type crashes but will likely cause an increase in rear -end collisions. A reduction in overall injury severity is likely the largest benefit of traffic signal installation. TEMECULA LOCAL ROAD SAFETY PLAN - C-18 NS04: Convert Intersection to Roundabout (From All Way Stop) and NSOS: Convert Intersection to Roundabout (From Stop or Yield Control on Minor Road) NS4 & NS5 100% All $400,000 - $800,000 Varies 20 years Cost for roadway widening may be higher/vary Countermeasure Description: Roundabouts provide an alternative to signalization. This treatment involves removing stop and yield control on major and/or minor roads and constructing a roundabout with yield control on all approaches. Where to Use: Intersections that have a high frequency of right-angle and left -turn type crashes. Whether such intersections have existing crash patterns or not, a roundabout provides an alternative to signalization. The primary target locations for roundabouts should be moderate -volume unsignalized intersections. Roundabouts may not be a viable alternative in many suburban and urban settings where right-of-way is limited. Why It Works: Roundabouts provide an important alternative to signalized and all -way stop -controlled intersections. Modern roundabouts differ from traditional traffic circles in that they operate in such a manner that traffic entering the roundabout must yield the right-of-way to traffic already in it. Roundabouts can serve moderate traffic volumes with less delay than all -way stop -controlled intersections and provide fewer conflict points. Crashes at roundabouts tend to be less severe because of the speed constraints and elimination of left -turn and right-angle movements. TEMECULA LOCAL ROAD SAFETY PLAN - C-19 NS06: Install / Upgrade Larger or Additional Stop Signs or Other Intersection Warning / Regulatory Signs All 15% 10 years $500 per sign Countermeasure Description: This treatment involves replacing the existing stop sign with larger sign and/or installing additional stop sign at other location and/or installing warning/regulatory signs at the intersection or in advance of the intersection approach. Where to Use: The target for this strategy should be approaches to unsignalized intersections with patterns of rear -end, right-angle, or turning collisions related to lack of driver awareness of the presence of the intersection. Why It Works: The visibility of intersections and, thus, the ability of approaching drivers to perceive them can be enhanced by installing larger regulatory and warning signs at or prior to intersections. A key to success in applying this strategy is to select a combination of regulatory and warning sign techniques appropriate for the conditions on a particular unsignalized intersection approach. TEMECULA LOCAL ROAD SAFETY PLAN - C-20 NSO7: Upgrade Intersection Pavement Markings (NS.I) NS7 100% All 10 years $3,000 per intersection Countermeasure Description: Pavement markings can communicate information to road user related to roadway alignment, vehicle positioning, and other important driving -related tasks. This treatment involves installing advance warning pavement markings such as "Stop Ahead". The upgrade of pavement markings also involves installing centerlines and stop bars. Where to Use: Unsignalized intersections that are not clearly visible to approaching motorists, particularly approaching motorists on the major road. The strategy is particularly appropriate for intersections with patterns of rear -end, right-angle, or turning crashes related to lack of driver awareness of the presence of the intersection. Also at minor road approaches where conditions allow the stop bar to be seen by an approaching driver at a significant distance from the intersection. Typical improvements include "Stop Ahead" markings and the addition of Centerlines and Stop Bars. Why It Works: The visibility of intersections and, thus, the ability of approaching drivers to perceive them can be enhanced by installing appropriate pavement delineation in advance of and at intersections will provide approaching motorists with additional information at these locations. Providing visible stop bars on minor road approaches to unsignalized intersections can help direct the attention of drivers to the presence of the intersection. Drivers should be more aware that the intersection is coming up, and therefore make safer decisions as they approach the intersection. TEMECULA LOCAL ROAD SAFETY PLAN - C-21 NSO8: Install Flashing Beacons at Stop -Controlled Intersections `•9 NS8 100% All 15% 1 10 years 1 $2,000 per assembly Countermeasure Description: This treatment involves installing flashing beacon at the intersection which can be either mounted on a post or mounted on a mast arm. The flashing beacon supplements the stop signs at the intersection to call the attention of the driver. Where to Use: Flashing beacons can reinforce driver awareness of the Non -Signalized intersection control and can help mitigate patterns of right-angle crashes related to stop sign violations. Post -mounted advanced flashing beacons or overhead flashing beacons can be used at stop -controlled intersections to supplement and call driver attention to stop signs. Why It Works: Flashing beacons provide a visible signal to the presence of an intersection and can be very effective in rural areas where there may be long stretches between intersections as well as locations where night- time visibility of intersections is an issue. TEMECULA LOCAL ROAD SAFETY PLAN - C-22 NSO9: Install Flashing Beacons as Advance Warning (NS.I) 100 % All 30% 10 years $12,000 per assembly Countermeasure Description: Advance flashing beacons can be used to supplement and call a driver's attention to intersection control signs. This treatment involves installing flashing beacons, mounted on a post, or mounted on a mast arm, in advance of the intersection. Most advance warning flashing beacons can be powered by solar, thus reducing the issues relating to a power source. Where to Use: Non -Signalized Intersections with patterns of crashes that could be related to lack of a driver's awareness of approaching intersection or controls at a downstream intersection. Why It Works: Advance flashing beacons can be used to supplement and call driver attention to intersection control signs. Flashing beacons are intended to reinforce driver awareness of the stop or yield signs and to help mitigate patterns of crashes related to intersection regulatory sign violations. Most advance warning flashing beacons can be powered by solar, thus reducing the issues relating to power source. TEMECULA LOCAL ROAD SAFETY PLAN - C-23 NS12: Improve Pavement Friction (High Friction Surface Treatments) NS12 ' 100% All 55% 10 years $50 per square yard Countermeasure Description: High friction surface treatment (HFST) involves the application of high -quality aggregate to the pavement using a polymer binder to restore pavement friction at intersections that have less friction than is needed for the roadway approach speeds and/or geometry. HFST aids motorists in maintaining better control in dry and wet driving conditions. Where to Use: Nationally, this countermeasure is referred to as "High Friction Surface Treatments" or HFST. Non - signalized Intersections noted as having crashes on wet pavements or under dry conditions when the pavement friction available is significantly less than needed for the actual roadway approach speeds. This treatment is intended to target locations where skidding and failure to stop is determined to be a problem in wet or dry conditions and the target vehicle is unable to stop due to insufficient skid resistance. Why It Works: Improving the skid resistance at locations with high frequencies of wet -road crashes and/or failure to stop crashes can result in reductions of 50 percent for wet -road crashes and 20 percent for total crashes. Applying HFST can double friction numbers, e.g. low 40s to high 80s. This CM represents a special focus area for both FHWA and Caltrans, which means there are extra resources available for agencies interested in more details on High Friction Surface Treatment projects. TEMECULA LOCAL ROAD SAFETY PLAN - C-24 NS14: Install Raised Median on Approaches (NS.I.) LRSM COUNTERMEASURE FEDERAL FUNDING ELIGIBILITY CRASH TYPES ADDRESSED 25% 120 years $30 per linear foot Countermeasure Description: Raised medians help prevent accidents caused by crossover traffic, reduce headlight glare distraction and separate left -turning traffic from through lanes when combined with left -turn lanes. This treatment involves installing raised median at intersection approaches directly over existing pavement. This method does not require excavation of the existing pavement. Where to Use: Where related or nearby turning movements affect the safety and operation of an intersection. Effective access management is key to improving safety at, and adjacent to, intersections. The number of intersection access points coupled with the speed differential between vehicles traveling along the roadway often contributes to crashes. Any access points within 250 feet upstream and downstream of an intersection are generally undesirable. Why It Works: Raised medians with left -turn lanes at intersections offer a cost-effective means for reducing crashes and improving operations at higher volume intersections. The raised medians also prohibit left turns into and out of driveways that may be located too close to the functional area of the intersection. TEMECULA LOCAL ROAD SAFETY PLAN - C-25 NS17: Install Right -Turn Lane (NS.I.) NS17 1 90% 20% 20 years ' $30,000 - $70,000 Countermeasure Description: At intersections with substantial right -turn movements, a dedicated right -turn lane segregates these cars from through traffic and increases the capacity of the road. This treatment provides a right -turn lane that allows for vehicles to decelerate and a make a right -turn movement. Where to Use: Many collisions at unsignalized intersections are related to right -turn maneuvers. A key strategy for minimizing such collisions is to provide exclusive right -turn lanes, particularly on high -volume and high- speed major -road approaches. When considering new right -turn lanes, potential impacts to non - motorized users should be considered and mitigated as appropriate. When considering new right -turn lanes, potential impacts to non -motorized users should be considered and mitigated as appropriate. Why It Works: The strategy is targeted to reduce the frequency of rear -end collisions resulting from conflicts between vehicles turning right and following vehicles and vehicles turning right and through vehicles coming from the left on the cross street. Right -turn lanes also remove slow vehicles that are decelerating to turn right from the through -traffic stream, thus reducing the potential for rear -end collisions. Right -turn lanes can increase the length of the intersection crossing and create an additional potential conflict point for non - motorized users. TEMECULA LOCAL ROAD SAFETY PLAN - C-26 NS18: Install Left -Turn Lane (Where No Left -Turn Lane Exists) NS18 90% All 35% 20 years $30,000 - $70,000 Countermeasure Description: This treatment provides greater safety for drivers making a left -turn movement by eliminating conflicts between through vehicles and vehicles slowing to make a left -turn through the addition of a left -turn lane. Where to Use: Many collisions at unsignalized intersections are related to left -turn maneuvers. A key strategy for minimizing such collisions is to provide exclusive left -turn lanes, particularly on high -volume and high- speed major -road approaches. When considering new left -turn lanes, potential impacts to non -motorized users should be considered and mitigated as appropriate. Why It Works: Adding left -turn lanes remove vehicles waiting to turn left from the through -traffic stream, thus reducing the potential for rear -end collisions. Because they provide a sheltered location for drivers to wait for a gap in opposing traffic, left -turn lanes may encourage drivers to be more selective in choosing a gap to complete the left -turn maneuver. This strategy may reduce the potential for collisions between left -turn and opposing through vehicles. TEMECULA LOCAL ROAD SAFETY PLAN - C-27 NS19PB: Install Raised Medians / Refuge Islands (NS.I.) NS19PB 90% Pedestrian and Bicycle 45% 1 20 years $40,000 per location Countermeasure Description: This treatment can be applied to intersections that have long pedestrian crossing distances. The raised medians/refuge islands reduce the conflict between the non -motorized user and motorized users. This treatment also allows pedestrians to focus on one direction of traffic at a time because the refuge island provides a protected space between the two directions of travel. Where to Use: Intersections that have a long pedestrian crossing distance, a higher number of pedestrians, or a crash history. Raised medians decrease the level of exposure for pedestrians and allow pedestrians to concentrate on (or cross) only one direction of traffic at a time. Why It Works: Raised pedestrian refuge islands, or medians at crossing locations along roadways, are another strategy to reduce exposure between pedestrians and motor vehicles. Refuge islands and medians that are raised (i.e., not just painted) provide pedestrians more secure places of refuge during the street crossing. They can stop partway across the street and wait for an adequate gap in traffic before completing their crossing. TEMECULA LOCAL ROAD SAFETY PLAN - C-28 NS2013: Install Pedestrian Crossing at Uncontrolled Locations (New Signs and Markings Only) LRSM COUNTERMEASURE FEDERAL FUNDING ELIGIBILITY CRASH TYPES ADDRESSED 25% 10 years $7,000 Description: This treatment involves the installation of a pedestrian crossing with new pavement markings and signs at unsignalized intersections to address pedestrian and bicycle collisions. Where to Use: Non -signalized intersections without a marked crossing, where pedestrians are known to be crossing intersections that involve significant vehicular traffic. They are especially important at school crossings and intersections with right and/or left turns pockets. See Zegeer study (Safety Effects of Marked vs. Unmarked Crosswalks at Uncontrolled Locations) for additional guidance regarding when to install a marked crosswalk. Why It Works: Pedestrian crossings enhance pedestrian safety through pavement markings and signs that delineate a designated portion of the roadway for pedestrians to cross. The use of enhanced markings at uncontrolled crossings can also increase both pedestrian and driver awareness to the increased exposure at the crossing. Incorporating advanced "stop" or "yield" markings provides an extra safety buffer and can reduce the 'multiple -threat' danger to pedestrians. Nearly one-third of all pedestrian -related crashes occur at or within 50 feet of an intersection. Of these, 30 percent involve a turning vehicle. There are several types of pedestrian crosswalks, including: continental, ladder, zebra, and standard. When agencies opt to install aesthetic enhancement to intersection crosswalks like stamped concrete/asphalt, the project design and construction costs can significantly increase. For HSIP applications, these costs must be accounted for in the B/C calculation, but costs over standard crosswalk markings must be tracked separately and are not federally reimbursable and will increase the agency's local -funding share for the project costs. TEMECULA LOCAL ROAD SAFETY PLAN - C-29 NS21PB: Install/Upgrade Pedestrian Crossing at Uncontrolled Locations (With Enhanced Safety Features) NS21PB 100% Pedestrian and Bicycle 35% 20 years 1 $50,000 - $100,000 per location Description: This treatment involves installing pedestrian crossings with enhanced features such curb extensions, advanced "stop" or "yield" markings, flashing beacons, and other safety features that complement the standard pedestrian crossing elements. Where to Use: Non -signalized intersections with or without a marked crossing, where pedestrians cross intersections that involve significant vehicular traffic. They are especially important at school crossings and intersections with turn pockets. Flashing beacons, curb extensions, advanced "stop" or "yield" markings, and other safety features should be added to complement the standard crossing elements. Why It Works: Adding pedestrian crossings that include enhances safety features has the opportunity to enhance pedestrian safety at locations noted as being especially problematic. The enhanced safety elements help delineate a portion of the roadway that is designated for pedestrian crossing. Incorporating advanced "yield" markings provide an extra safety buffer and can be effective in reducing the 'multiple -threat' danger to pedestrians. Nearly one-third of all pedestrian -related crashes occur at or within 50 feet of an intersection. When agencies opt to install aesthetic enhancement to intersection crosswalks like stamped concrete/asphalt, the project design and construction costs can significantly increase. For HSIP applications, these costs must be accounted for in the B/C calculation, but these costs (over standard crosswalk markings) must be tracked separately and are not federally reimbursable and will increase the agency's local -funding share for the project costs. TEMECULA LOCAL ROAD SAFETY PLAN - C-30 NS22PB: Install Rectangular Rapid Flashing Beacon (RRFB) 100% Pedestrian and Bicycle 35% 20 years $12,000 per assembly Countermeasure Description: This treatment involves installing Rectangular Rapid Flashing Beacons (RRFB) including pedestrian - activated flashing lights and additional signage at a pedestrian crossing. Where to Use: Rectangular Rapid Flashing Beacon (RRFB) includes pedestrian -activated flashing lights and additional signage that enhance the visibility of marked crosswalks and alert motorists to pedestrian crossings. It uses an irregular flash pattern that is similar to emergency flashers on police vehicles. RRFBs are installed at unsignalized intersections and mid -block pedestrian crossings. Why It Works: RRFBs can enhance safety by increasing driver awareness of potential pedestrian conflicts and reducing crashes between vehicles and pedestrians at unsignalized intersections and mid -block pedestrian crossings. The addition of RRFB may also increase the safety effectiveness of other treatments, such as crossing warning signs and markings. TEMECULA LOCAL ROAD SAFETY PLAN - C-31 NS23PB: Install Pedestrian Signal (Including Pedestrian Hybrid Beacon (HAWK) NS23PB ' 100% Pedestrian and Bicycle 55% 20 years $250,000 Countermeasure Description: This treatment involves installing a pedestrian signal or a pedestrian hybrid beacon (PHB) which is also known as a high -intensity activated crosswalk beacon (HAWK) with associated signs and markings at a pedestrian crossing. Where to Use: Intersections noted as having a history of pedestrian vs. vehicle crashes and in areas where the likelihood of the pedestrian presence is high. Corridors should also be assessed to determine if there are adequate safe opportunities for non -motorists to cross and if a pedestrian signal, or a Pedestrian Hybrid Beacon (PHB) (also called High -Intensity Activated crosswalk beacon (HAWK)) are needed to provide an active warning to motorists when a pedestrian is in the crosswalk. Why It Works: Adding a pedestrian signal has the opportunity to greatly enhance pedestrian safety at locations noted as being problematic. Nearly one-third of all pedestrian -related crashes occur at or within 50 feet of an intersection. In combination with this CM, better guidance signs and markings for non -motorized and motorized roadway users should be considered, including: sign and markings directing pedestrians and cyclists on appropriate/legal travel paths and signs and markings warning motorists of non -motorized uses of the roadway that should be expected. TEMECULA LOCAL ROAD SAFETY PLAN - C-32 ROADWAY COUNTERMEASURES R01: Add Segment Lighting A R1 100% Night 35% 20 years $10,000 per street light Countermeasure Description: Adding intersection lighting to roadway segments helps improve visibility throughout the roadway and helps reduce potential conflicts. Adequately illuminated intersections increase driver awareness of crossing pedestrians for approaching motorists and assists pedestrians navigating the crosswalks. Where to Use: Where to use: Noted substantial patterns of nighttime crashes. In particular, patterns of rear -end, right- angle, turning or roadway departure collisions on the roadways may indicate that night-time drivers can be unaware of the roadway characteristics. Why It Works: Providing roadway lighting improves the safety during nighttime conditions by (1) making drivers more aware of the surroundings, which improves drivers' perception -reaction times, (2) enhancing drivers' available sight distances to perceive roadway characteristic in advance of the change, and (3) improving non -motorist's visibility and navigation. TEMECULA LOCAL ROAD SAFETY PLAN - C-33 R03: Install Median Barrier LRSM COUNTERMEASURE FEDERAL FUNDING ELIGIBILITY CRASH TYPES ADDRESSED CRASH REDUCTION FACTOR EXPECTED LIFE APPROXIMATE COST .. Countermeasure Description: This treatment installs a median barrier between vehicles traveling in opposite directions to reduce cross median crashes by redirecting vehicles that strike either side of the barrier. Costs vary based on barrier used including cable barriers, guardrail, and concrete barriers. Concrete median barriers are most commonly used. Where to Use: Areas where crash history indicates drivers are unintentionally crossing the median and the cross-overs are resulting in high severity crashes. The installation of median barriers can increase the number of PDO and non -severe injuries. The net result in safety from this countermeasure is connected more to reducing the severity of crashes not the number of crashes. It is recommended to review the warrants as outlined in Chapter 7 of the Caltrans Traffic Manual when considering whether to install median barriers. Why It Works: This strategy is designed to prevent head-on collisions by providing a barrier between opposing lanes of traffic. The variety of median barriers available makes it easier to choose a site -specific solution. The main advantage is the reduction of the severity of the crashes. The key to success would be in selecting an appropriate barrier based on the site, previous crash history, maintenance needs, and median width. TEMECULA LOCAL ROAD SAFETY PLAN - C-34 RO4: Install Guardrail R4 1100% All 25% 20 years $50-$250 per linear foot Countermeasure Description: The installation of guardrail is an effective method for protecting drivers from drop-offs or colliding with fixed objects on the median or roadside. Guardrails can be installed very quickly and in a fast manner. Where to Use: Guardrail is installed to reduce the severity of lane departure crashes. However, guardrail can reduce crash severity only for those conditions where striking the guardrail is less severe than going down an embankment or striking a fixed object. Guardrail should only be installed where it is clear that crash severity will be reduced, or there is a history of run -off -the -road crashes at a given location that have resulted in severe crashes. New and upgraded guardrail and end -treatments must meet current safety standards; see Method for Assessing Safety Hardware (MASH) for more information. Caltrans (or other national accepted guidance) slope/height criteria need to be considered and documented. Why It Works: Guardrail redirects a vehicle away from embankment slopes or fixed objects and dissipates the energy of an errant vehicle. TEMECULA LOCAL ROAD SAFETY PLAN - C-35 RO8: Install Raised Median R8 90% All 25% 20 years $30 per linear foot Countermeasure Description: Raised medians help prevent accidents caused by crossover traffic, reduce headlight glare distraction and separate left -turning traffic from through lanes when combined with left -turn lanes. This treatment involves installing raised median within roadway segments directly over existing pavement. This method does not require excavation of the existing pavement. Where to Use: Areas experiencing head-on collisions that may be affected by both the number of vehicles that cross the centerline and by the speed of oncoming vehicles. Installing a raised median is a more restrictive approach in that it represents a more rigid barrier between opposing traffic. Application of raised medians on roadways with higher speeds is not advised -instead a median barrier should be considered. Including landscaping in new raised medians can be counterproductive to the HSIP safety goals and should only be done in ways that do not increase drivers' exposure to fixed objects and that will maintain driver's sight distance needs throughout the life of the proposed landscaping. Agencies need to consider and document impacts of additional turning movements at nearby intersections. Why It Works: Adding raised medians is a particularly effective strategy as it adds to or reallocates the existing cross section to incorporate a buffer between the opposing travel lanes and reinforces the limits of the travel lane. Raised median may also be used to limit unsafe turning movements along a roadway. TEMECULA LOCAL ROAD SAFETY PLAN - C-36 R10PB: Install Pedestrian Median Fencing on Approaches R10PB 90% Pedestrian and Bicycle 35% 20 years $50-$75 per linear foot Countermeasure Description: The installation of pedestrian median fencing along approaches helps direct pedestrians to a preferred formal crossing point and discourages pedestrians from making dangerous crossing movements where visibility may be limited. Where to Use: Roadway segments with high pedestrian -generators and pedestrian -destinations nearby (e.g. transit stops) may experience a high volume of pedestrians J-walking across the travel lanes at mid -block locations instead of walking to the nearest intersection or designated mid -block crossing. When this safety issue cannot be mitigated with shoulder, sidewalk and/or crossing treatments, then installing a continuous pedestrian barrier in the median may be a viable solution. Why It Works: Adding pedestrian median fencing has the opportunity to enhance pedestrian safety at locations noted as being problematic involving pedestrians running/darting across the roadway outside designated pedestrian crossings. Pedestrian median fencing can significantly reduce this safety issue by creating a positive barrier, forcing pedestrians to the designated pedestrian crossing. TEMECULA LOCAL ROAD SAFETY PLAN - C-37 R11: Install Acceleration / Deceleration Lanes R11 90% All 25% 20 years $30,000 - $70,000 Countermeasure Description: The installation of acceleration/deceleration lanes helps reduce conflict between slow speed and higher speed vehicles. Acceleration/deceleration lanes allow drivers to speed up or slow down in a space not used by high-speed through traffic. Where to Use: Areas proven to have crashes that are the result of drivers not being able to turn onto a high speed roadway to accelerate until the desired roadway speed is reached and areas that do not provide the opportunity to safety decelerate to negotiate a turning movement. This CM can also be used to improve the safety of merging vehicles at a lane -drop location. Why It Works: A lane that does not provide enough deceleration length and storage space for turning traffic may cause the turn queue to back up into the adjacent through lane. This can contribute to rear -end and sideswipe crashes. An acceleration lane is an auxiliary or speed -change lane that allows vehicles to accelerate to highway speeds (high speed roadways) before entering the through -traffic lanes of a highway. Additionally, if acceleration by entering traffic takes place directly on the traveled way, it may disrupt the flow of through -traffic and cause rear -end and sideswipe collisions. TEMECULA LOCAL ROAD SAFETY PLAN - C-38 R14: Road Diet (Reduce Travel Lanes From 4 to 3 and Add a Two Way Left -Turn and Bike Lanes) R14 90% All 30% 20 years 1 $50,000 - $150,000 per mile Countermeasure Description: A road diet reconfiguration involves the conversion of an undivided four lane roadway to a three -lane undivided roadway made up of two through lanes, a center two-way left -turn lane, and bike lanes. The reduction of lanes allows the roadway cross section to be reallocated for other uses such as bike lanes, pedestrian refuge islands, transit uses, and/or parking. Where to Use: Areas noted as having a higher frequency of head-on, left -turn, and rear -end crashes with traffic volumes that can be handled by only 2 free flowing lanes. Using this strategy in locations with traffic volumes that are too high could result in diversion of traffic to routes less safe than the original four -lane design. It may also result in congestion levels that contribute to other crashes. Why It Works: The application of this strategy usually reduces the roadway segment speeds and serious head-on crashes. In many cases the extra pavement width can be used for the installation of bike lanes. In addition to increasing bicycle safety, these bike lanes can improve the safety of on -street parking. TEMECULA LOCAL ROAD SAFETY PLAN - C-39 R15: Widen Shoulder R15 90% All 30% 20 years $30,000-$70,000 Countermeasure Description: This treatment involves the addition/widening of a shoulder lane to provide space that allows drivers to get out of the travel lane and avoid crashes. By widening the shoulders or providing a shoulder where one previously did not exist, drivers have more recovery area to regain control in the event of a roadway departure. A minimum of 2 feet width must be added and the new/resulting shoulders must be a minimum of 4 feet wide. Where to Use: Roadways that have a frequent incidence of vehicles leaving the travel lane resulting in an unsuccessful attempt to reenter the roadway. The probability of a safe recovery is increased if an errant vehicle is provided with an increased paved area in which to initiate such a recovery. Why It Works: Based on the best available research, adding shoulder or widening an existing shoulder provides a greater area to regain control of a vehicle, as well as lateral clearance to roadside objects such as guardrail, signs and poles. They may also provide space for disabled vehicles to stop or drive slowly, provide increased sight distance for through vehicles and for vehicles entering the roadway, and in some cases reduce passing conflicts between motor vehicles and bicyclists and pedestrians. The likely safety benefits for adding or widening an existing shoulder generally increase as the widening width increases -practitioners should refer to NCHRP Report 500 Series, the CMF Clearinghouse or other references for more details. TEMECULA LOCAL ROAD SAFETY PLAN - C-40 R17: Improve Horizontal Alignment (Flatten Curves) S17 90% All 50% 20 years Varies by Project Scope Countermeasure Description: This treatment is used to reduce roadway departure crashes and usually involves total reconstruction of the roadway. It also may require acquisition of additional right-of-way and an environmental review. This countermeasure is not eligible unless done as the last step of an "incremental approach". Where to Use: Roadways with horizontal curves that have experienced lane departure crashes as a result of a roadway segment having compound curves or a severe radius. This strategy should generally be considered only when less expensive strategies involving clearing of specific sight obstructions or modifying traffic control devices have been tried and have failed to ameliorate the crash patterns. Why It Works: Increasing the radius of a horizontal curve can be very effective in improving the safety performance of the curve. Curve modification reduces the likelihood of a vehicle leaving its lane, crossing the roadway centerline, or leaving the roadway at a horizontal curve; and minimizes the adverse consequences of leaving the roadway. Horizontal alignment improvement projects are expected to include standard/improved superelevation elements, which should be considered part of this CM and not an additional CM. TEMECULA LOCAL ROAD SAFETY PLAN - C-41 R18: Flatten crest vertical curve LRSM COUNTERMEASURE FEDERAL FUNDING ELIGIBILITY CRASH TYPES ADDRESSED .0, All L 25% 20 years Varies by Project Scope Countermeasure Description: This treatment is used to change the horizontal and / or vertical alignment to provide additional sight distance. This countermeasure only applies to crashes that occur within the limits of the improved alignment. This countermeasure is not eligible unless done as the last step of an "incremental approach". Projects that utilize this countermeasure are typically quite extensive, expensive, and take several years to accomplish — particularly if additional right-of-way is required or environmental impacts are expected. The key to creating a cost effective project with a competitive benefit cost ratio (BCR) for the HSIP program is to target using the countermeasure at higher -hazard locations. Where to Use: The target for this strategy is usually unsignalized intersections with restricted sight distance due to vertical geometry and with patterns of crashes related to that lack of sight distance that cannot be ameliorated by less expensive methods. This strategy should generally be considered only when less expensive strategies involving clearing of specific sight obstructions or modifying traffic control devices have been tried and have failed to ameliorate the crash patterns. Why It Works: Adequate sight distance for drivers at stopped approaches to intersections has long been recognized as among the most important factors contributing to overall intersection safety. Vertical alignment improvement projects are expected to include standard/improved superelevation elements, which should be considered part of this CM and not an additional CM. TEMECULA LOCAL ROAD SAFETY PLAN - C-42 R21: Improve Pavement Friction (High Friction Surface Treatments) R21 100% All 55% 10 years $50 per square yd Countermeasure Description: High friction surface treatment (HFST) involves the application of high -quality aggregate to the pavement using a polymer binder to restore pavement friction at intersections that have less friction than is needed for the roadway approach speeds and/or geometry. HFST aids motorists in maintaining better control in dry and wet driving conditions. Where to Use: Nationally, this countermeasure is referred to as "High Friction Surface Treatments" or HFST. Areas as noted having crashes on wet pavements or under dry conditions when the pavement friction available is significantly less than actual roadway speeds; including but not limited to curves, loop ramps, intersections, and areas with short stopping or weaving distances. This treatment is intended to target locations where skidding is determined to be a problem, in wet or dry conditions and the target vehicle is one that runs (skids) off the road or is unable to stop due to insufficient skid resistance. Why It Works: Improving the skid resistance at locations with high frequencies of wet -road crashes and/or failure to stop crashes can result in a reduction of 50 percent for wet -road crashes and 20 percent for total crashes. Applying HFST can double friction numbers, e.g. low 40s to high 80s. This CM represents a special focus area for both FHWA and Caltrans, which means there are extra resources available for agencies interested in more details on High Friction Surface Treatment projects. TEMECULA LOCAL ROAD SAFETY PLAN - C-43 R22: Install/Upgrade Signs with New Fluorescent Sheeting (Regulatory or Warning) CRASH REDUCTION FACTOR EXPECTED LIFE APPROXIMATE COST 00 per sign Countermeasure Description: This treatment involves installing new or upgrading existing regulatory or warning signs with new florescent sheeting to increase visibility. This countermeasure is not eligible unless it is done as part of a larger sign audit project. Where to Use: The target for this strategy should be on roadway segments with patterns of head on, nighttime, non - intersection, run-off road, and sideswipe crashes related to lack of driver awareness of the presence of a specific roadway feature or regulatory requirement. Ideally this type of safety CM would be combined with other sign evaluations and upgrades (install chevrons, warning signs, delineators, markers, beacons, and relocation of existing signs per MUTCD standards.) Why It Works: This strategy primarily addresses crashes caused by lack of driver awareness (or compliance) roadway signing. It is intended to get the drivers attention and give them a visual warning by using fluorescent yellow sheeting (or other retroreflective material). TEMECULA LOCAL ROAD SAFETY PLAN - C-44 R25: Install Curve Advance Warning Signs (Flashing Beacon) R25 100% All 30% 10 years $500 per sign Countermeasure Description: Curve advance warning signs provide a visual cue to drivers that they are approaching a horizontal curve. This treatment is appropriate for locations where relatively sharp curves have resulted in crashes. This treatment should be installed in combination with additional treatments such as chevron signs, delineators, and pavement markers to provide increased awareness of the curved roadway alignment. Where to Use: Roadways that have an unacceptable level of crashes on relatively sharp curves. Flashing beacons in conjunction with warning signs should only be used on horizontal curves that have an established severe crash history to help maintain their effectiveness. Why It Works: This strategy primarily addresses problem curves, and serves as an enhanced advance warning of an unexpected or sharp curve. It provides advance information and gives drivers a visual warning that their added attention is needed. Flashing beacons are an added indication that a curve may be particularly challenging. TEMECULA LOCAL ROAD SAFETY PLAN - C-45 R26: Install Dynamic/Variable Speed Warning Signs Countermeasure Description: Dynamic/variable speed warning signs can be implemented on roadways with a high frequency of unsafe speed crashes or run off road crashes on curvilinear segments. The speed warning signs alert drivers to their current travel speed and give a visual warning once drivers exceed the recommended speed for a segment or curve. Dynamic/variable speed warning signs can be powered by solar, thus reducing the issues relating to a power source. This countermeasure does not apply to dynamic regulatory speed warning signs. Where to Use: Curvilinear roadways that have an unacceptable level of crashes due to excessive speeds on relatively sharp curves. Why It Works: This strategy primarily addresses crashes caused by motorists traveling too fast around sharp curves. It is intended to get the drivers attention and give them a visual warning that they may be traveling over the recommended speed for the approaching curve. Care should be taken to limit the placement of these signs to help maintain their effectiveness. R26 100% All 30% 10 years $8,000 per sign TEMECULA LOCAL ROAD SAFETY PLAN - C-46 R28: Install Edge -Lines and Centerlines Countermeasure Description: This treatment helps drivers to better understand the limits of roadway. Depending on the width of the roadway, various combinations of edge line and/or center line pavement markings may be most appropriate. Where to Use: Any road with a history of run -off -road right, head-on, opposite -direction -sideswipe, or run -off -road -left crashes is a candidate for this treatment -install where the existing lane delineation is not sufficient to assist the motorist in understanding the existing limits of the roadway. Depending on the width of the roadway, various combinations of edge line and/or center line pavement markings may be the most appropriate. Incorporating raised/reflective pavement markers (RPMs) into centerlines (and edge -lines) should be considered as it has been shown to improve safety. Why It Works: Installing edge -lines and centerlines where none exists or making significant upgrades to existing lines (paint to thermoplastic, adding audible disks/bumps in the thermoplastic stripes, or adding RPMs) are intended/designed to help drivers who might leave the roadway because of their inability to see the edge of the roadway along the horizontal edge of the pavement or crossover the centerline of the roadway into oncoming traffic. New pavement marking products tend to be more durable, are all-weather, more visible, and have a higher retroreflectivity than traditional pavement markings. LRSM COUNTERMEASURE FEDERAL FUNDING ELIGIBILITY CRASH TYPES ADDRESSED 00% All 25% 1 10 years $4 per linear foot TEMECULA LOCAL ROAD SAFETY PLAN - C-47 R3O: Install Centerline Rumble Strips / Stripes R30 100% All 10 years $1-$3 per linear foot Countermeasure Description: Centerline rumble strips/stipes are installed at or near the center line of an undivided roadway, and may be comprised of either a single or double line of rumbles. This treatment is intended to alert inattentive drivers through vibration and sound that their vehicles have left the travel lane. Where to Use: Center Line rumble strips/stripes can be used on virtually any roadway— especially those with a history of head-on crashes. It is recommended that rumble strips/stripes be applied systematically along an entire route instead of only at spot locations. For all rumble strips/stripes, pavement condition should be sufficient to accept milled rumble strips. Care should be taken when considering installing rumble strips in locations with residential land uses or in areas with high bicycle volumes. Why It Works: Rumble strips provide an auditory indication and tactile rumble when driven on, alerting drivers that they are drifting out of their travel lane, giving them time to recover before they depart the roadway or cross the center line. Additionally, rumble stripes (pavement marking in the rumble itself) provide an enhanced marking, especially in wet dark conditions. TEMECULA LOCAL ROAD SAFETY PLAN - C-48 R31: Install Edgeline Rumble Strips / Stripes R31 100% All 15% 10 years $1-$3 per linear foot Countermeasure Description: Edge line rumble strips are placed at the edge of the travel lane in line with the edge line pavement marking. This treatment is intended to alert inattentive drivers through vibration and sound that their vehicles have left the travel lane. It is recommended that rumble strips/stripes be applied systematically along an entire route instead of only at spot locations. Where to Use: Shoulder and edge line milled rumble strips/stripes should be used on roads with a history of roadway departure crashes. It is recommended that rumble strips/stripes be applied systematically along an entire route instead of only at spot locations. For all rumble strips/stripes, pavement condition should be sufficient to accept milled rumble strips. Special requirements may apply and care should be taken when considering installing rumble strips in locations with residential land uses or in areas with high bicycle volumes. Why It Works: Rumble strips provide an auditory indication and tactile rumble when driven on, alerting drivers that they are drifting out of their travel lane, giving them time to recover before they depart the roadway or cross the center line. Additionally, rumble stripes (pavement marking in the rumble itself) provide an enhanced marking, especially in wet dark conditions. TEMECULA LOCAL ROAD SAFETY PLAN - C-49 R32PB: Install Bike Lanes R32PB 90% Pedestrian and Bicycle 35% 20 years $4 per linear foot of striping Countermeasure Description: This treatment involves installing Class II bicycle lanes to address crashes between bicycles and vehicles. Adding striped bicycle lanes can range from the simply restriping the roadway and minor signing to projects that require roadway widening, right-of-way, and environmental impacts. Where to Use: Roadway segments noted as having crashes between bicycles and vehicles or crashes that may be preventable with a buffer/shoulder. Most studies suggest that bicycle lanes may provide protection against bicycle/motor vehicle collisions. Striped bike lanes can be incorporated into a roadway when is desirable to delineate which available road space is for exclusive or preferential use by bicyclists. Why It Works: Most studies present evidence that bicycle lanes provide protection against bicycle/motor vehicle collisions. Bicycle lanes provide marked areas for bicyclist to travel along the roadway and provide for more predictable movements for both bicyclist and motorist. Evidence also shows that riding with the flow of vehicular traffic reduces bicyclists' chances of collision with a motor vehicle. Locations with bicycle lanes have lower rates of wrong -way riding. In combination with this CM, better guidance signs and markings for non -motorized and motorized roadway users should be considered, including: sign and markings directing cyclists on appropriate/legal travel paths and signs and markings warning motorists of non -motorized uses of the roadway that should be expected. TEMECULA LOCAL ROAD SAFETY PLAN - C-50 R33PB: Install Separated Bike Lanes R33PB 90% Pedestrian and Bicycle 45% 20 years $8 per linear foot of striping Countermeasure Description: This treatment involves installing separated bike paths or bike lanes on streets with high volumes of bicycle traffic and/or high bicycle -vehicle collisions in urban or suburban areas. Separation types range from simple, painted buffers and flexible delineators, to more substantial separation including raised curbs, grade separation, bollards, planters, and parking lanes. Where to Use: Separated bikeways are most appropriate on streets with high volumes of bike traffic and/or high bike - vehicle collisions in urban or suburban areas. Separation types range from painted buffers and flexible delineators to more substantial separation with raised curbs, grade separation, bollards, planters, and parking lanes. Additional space may also be provided where pedestrian and bicyclists interact, such as the parking buffer, or loading zones, or extra bike lane width for cyclists to pass one another. Options will range due to roadway characteristics, space, and cost. Why It Works: Separated bike lanes provide increased safety and comfort for bicyclists beyond conventional bicycle lanes. By separating bicyclists from motor traffic, "protected" or physically separated bike lanes can offer a higher level of comfort and are attractive to a wider spectrum of the public. Intersections and approaches must be carefully designed to promote safety and facilitate left -turns for bicyclists from the primary corridor to cross street. In combination with this CM, better guidance signs and markings for non - motorized and motorized roadway users should be considered, including: sign and markings directing cyclists on appropriate/legal travel paths and signs and markings warning motorists of non -motorized uses of the roadway that should be expected. TEMECULA LOCAL ROAD SAFETY PLAN - C-51 R34PB: Install Sidewalk/Pathway (To Avoid Walking Along Roadway) R34PB 1 90% Pedestrian and Bicycle CRASH REDUCTION FACTOR EXPECTED LIFE APPROXIMATE COST :0.. Countermeasure Description: This treatment involves installing new sidewalks or pathways to address pedestrian crashes related to people walking along the roadway. This countermeasure cannot be used to replace an existing sidewalk with a wider one unless prior Caltrans approval is included. A walkway is any type of defined space or pathway for use by a person travelling on foot or using a wheelchair. Where to Use: Areas noted as not having adequate or no sidewalks and a history of walking along roadway pedestrian crashes. In rural areas asphalt curbs and/or separated walkways may be appropriate. Why It Works: Sidewalks and walkways provide people with space to travel within the public right-of-way that is separated from roadway vehicles. The presence of sidewalks on both sides of the street has been found to be related to significant reductions in the "walking along roadway" pedestrian crash risk compared to locations where no sidewalks or walkways exist. Reductions of 50 to 90 percent of these types of pedestrian crashes. In combination with this CM, better guidance signs and markings for non -motorized and motorized roadway users should be considered, including: sign and markings directing pedestrians and cyclists on appropriate/legal travel paths and signs and markings warning motorists of non -motorized uses of the roadway that should be expected. TEMECULA LOCAL ROAD SAFETY PLAN - C-52 R35PB: Install/Upgrade Pedestrian Crossing (With Enhanced Safety Features) R35PB 90% Pedestrian and Bicycle 0 35/0 20 years 1 $50,000 - $100,000 per location Countermeasure Description: At many locations, a marked crosswalk alone may not be sufficient to adequately protect non -motorized users. This treatment involves the installation of flashing beacons, curb extensions and other safety features in order to complement the standard crossing elements. Where to Use: Roadway segments with no controlled crossing for a significant distance in high -use midblock crossing areas and/or multilane roads locations. Based on a Zegeer study, a marked crosswalk alone may not be sufficient to adequately protect non -motorized users. In these cases, flashing beacons, curb extensions, medians and pedestrian crossing islands and/or other safety features should be added to complement the standard crossing elements. Why It Works: Adding pedestrian crossings with enhanced safety features can greatly enhance pedestrian safety. Enhanced safety elements may include curb extensions, pedestrian crossing islands, beacons, and lighting. Combined with pavement markings, this delineates the portion of the roadway designated for pedestrian crossing. Care must be taken to warn drivers of pedestrians crossing the roadway. Guidance signs and markings for non -motorized and motorized roadway users should be considered, including sign and markings directing pedestrians and cyclists on appropriate/legal travel paths and signs. When agencies opt to install aesthetic enhancement to crossing like stamped concrete/asphalt, the project costs can significantly increase. For HSIP applications, these costs must be accounted for in the B/C calculation, but costs over standard crosswalk markings must be tracked separately and are not federally reimbursable. TEMECULA LOCAL ROAD SAFETY PLAN - C-53 R36PB: Install Raised Pedestrian Crossing LRSM COUNTERMEASURE FEDERAL FUNDING ELIGIBILITY CRASH TYPES ADDRESSED 90% Pedestrian and Bicycle 20 years $25,000 - $50,000 Countermeasure Description: Raised pedestrian crossings enhanced marked crossing locations by providing a raised crossing that vehicles must navigate over. This treatment should be used in lower -speed roadways and emergency vehicle access should be considered as part of any evaluation of the treatment. Where to Use: On lower -speed roadways, where pedestrians are known to be crossing roadways that involve significant vehicular traffic. Based on the Zegeer study (Safety Effects of Marked vs. Unmarked Crosswalks at Uncontrolled Locations) at many locations, a marked crosswalk alone, may not be sufficient to adequately protect non -motorized users. In these cases, raised crossings can be added to complement the standard crossing elements. Special requirements may apply and extra care should be taken when considering installing raised crossings to ensure unintended safety issues are not created, such as: emergency vehicle access or truck route issues. Why It Works: Adding a raised pedestrian crossing has the opportunity to enhance pedestrian safety at locations noted as being especially problematic. The raised crossing encourages motorists to reduce their speed and provides improved delineation for the portion of the roadway that is designated for pedestrian crossing. In combination with this CM, better guidance signs and markings for non -motorized and motorized roadway users should be considered, including: sign and markings directing pedestrians and cyclists on appropriate/legal travel paths. TEMECULA LOCAL ROAD SAFETY PLAN - C-54 R37PB: Install Rectangular Rapid Flashing Beacon AM R37PB 100% Pedestrian and Bicycle 35% 20 years $12,000 per assembly Countermeasure Description: This treatment involves installing Rectangular Rapid Flashing Beacons (RRFB) including pedestrian - activated flashing lights and additional signage at mid -block pedestrian crossings. Where to Use: Rectangular Rapid Flashing Beacon (RRFB) includes pedestrian -activated flashing lights and additional signage that enhance the visibility of marked crosswalks and alert motorists to pedestrian crossings. It uses an irregular flash pattern that is similar to emergency flashers on police vehicles. RRFBs are installed at unsignalized intersections and mid -block pedestrian crossings. Why It Works: RRFBs can enhance safety by increasing driver awareness of potential pedestrian conflicts and reducing crashes between vehicles and pedestrians at unsignalized intersections and mid -block pedestrian crossings. The addition of RRFB may also increase the safety effectiveness of other treatments, such as crossing warning signs and markings. TEMECULA LOCAL ROAD SAFETY PLAN - C-55 APPENDIX D PRIORITY PROJECT SUMMARIES I*.2 1-ea --i c f .Sc t :hr f ,,al farm;a Y ir,e Cou f1=fV TABLE OF CONTENTS Citywide Pedestrian Countdown Signal Head Upgrades.....................................................................2 Citywide Traffic Signal Hardware Upgrades..........................................................................................8 Installation of Dynamic Variable Speed Warning Systems..............................................................15 Signal Timing and Communication Upgrades.....................................................................................19 TEMECULA LOCAL ROAD SAFETY PLAN - D-1 CITYWIDE PEDESTRIAN COUNTDOWN SIGNAL HEAD UPGRADES LSRM Countermeasure: S17PB: Install pedestrian countdown signal heads. Project Description: Install countdown pedestrian signal heads, pedestrian APS Push buttons, and new controllers at traffic signals citywide. Project Location: 55 Traffic Signals Citywide. a lu TEMECULA LOCAL ROAD SAFETY PLAN - D-2 1 PROPOSED EQUIPMENT CountdownController SIGNALIZED PROJECT INTERSECTION Ped Heads APS Upgrades Butterfield Stage Rd & La Serena Wy 8 8 1 2 Butterfield Stage Rd & Pauba Rd 8 8 1 3 Butterfield Stage Rd. & Royal Crest PI. 8 8 1 4 Butterfield Stage Rd. & Welton Wy./Channel St. 8 8 1 5 Date St. & Kingwood Rd. 4 4 1 6 De Portola Rd. & Campanula Wy. Deer Hollow Wy. & Peach Tree Wy. Jefferson Ave. & Sanborn Ave. Margarita Rd. & Abbott Vascular Dr./Solana Ridge Margarita Rd. & Avenida Barca Margarita Rd. & Date St. 8 8 1 7 8 8 4 1 1 8 4 9 6 6 6 1 1 10 11 6 6 6 1 12 Margarita Rd. & Harveston Wy. 4 4 1 13 Margarita Rd. & La Serena Wy. 4 4 1 14 Margarita Rd. & Moraga Rd. 4 4 1 15 Margarita Rd. & N General Kearny Rd. 8 8 1 16 Margarita Rd. & Overland Dr. 4 4 1 17 Margarita Rd. & Pauba Rd. 8 8 1 18 Margarita Rd. & Pio Pico Rd. 8 8 1 19 Margarita Rd. & Harveston School Rd./Rustic Glen Dr. 6 6 1 20 Margarita Rd. & Stonewood Rd. 8 8 1 21 Meadows Pkwy. & Leena Wy. 8 8 1 22 Meadows Pkwy. & De Portola Rd. 8 8 1 23 Meadows Pkwy. & Campanula Wy. 8 8 1 24 La Serena Wy. & Meadows Pkwy. 4 4 1 25 Meadows Pkwy. & McCabe Dr./Sunny Meadows Pkwy. 8 8 1 26 Pauba Rd. & Meadows Pkwy. 8 8 1 27 Rancho Vista Rd. & Meadows Pkwy. 8 8 1 28 Nicolas Rd. & N General Kearny Rd. 8 8 1 29 Nicolas Rd. & Rancho Temecula Town Center 6 6 1 30 N General Kearny Rd. & Camino Campos Verdes 4 4 1 31 Overland Dr. & Promenade Wy./Nicole Ln. 8 8 1 32 Pauba Rd. & Via Rami 6 6 1 33 Pechanga Pkwy. & Deer Hollow Wy. 4 4 1 34 Pechanga Pkwy. & Loma Linda Rd. 6 6 1 35 Pechanga Pkwy. & Muirfield Dr. 6 6 1 36 Pechanga Pkwy. & Pechanga Resort Dr. 4 4 1 37 Pechanga Pkwy. & Wolf Creek Dr. N 6 6 1 38 Pechanga Pkwy. & Wolf Creek Dr. S 8 8 1 39 Pechanga Pkwy. & Wolf Valley Rd./Via Eduardo 6 6 1 TEMECULA LOCAL ROAD SAFETY PLAN - D-3 P47Ring PROPOSED EQUIPMENT CountdownController SIGNALIZED PROJECT INTERSECTION Ped Heads APS Upgrades Rd. & Promenade Mall North 4 4 1 41 Ring Rd. & Promenade Mall West 4 4 1 42 Ring Rd. & Promenade Mall South 4 4 1 43 Rancho Vista Rd. & Mira Loma Dr. Wolf Valley Rd. & Redhawk Pkwy. Vail Ranch Pkwy. & Tehachapi Pass Winchester Rd. & Winchester Creek Ave./Willows Ave. Wolf Valley Rd. & Wolf Creek Rd. S Ynez Rd. & County Center Dr. Ynez Rd. & Date St. Ynez Rd. & DLR Dr. 8 8 1 44 4 4 1 45 46 47 48 49 8 8 1 6 6 1 8 8 1 4 4 1 8 8 1 50 8 8 1 51 Ynez Rd. & Motor Car Pkwy. 8 8 1 52 Ynez Rd. & Overland Dr. 8 8 1 53 Ynez Rd. & Promenade Mall North 6 6 1 54 Ynez Rd. & Promenade Mall South 6 6 1 55 Ynez Rd. & Solana Wy. . 4 350 4 350 1 55 TEMECULA LOCAL ROAD SAFETY PLAN - D-4 Existing Conditions Photos: Figure 1: Existing pedestrian signal head on northbound traffic signal pole at Ynez Rd & North Promenade Mall. Figure 2: Existing pedestrian signal head on eastbound traffic signal pole at La Serena Wy & Meadows Pkwy. TEMECULA LOCAL ROAD SAFETY PLAN - D-5 SEVERITY FATAL SEVERE INJURY OTHER VISIBLE INJURY HEAD-ON OVERTURNED SIDESWIPE VEHICLE/PED COLLISION TYPE REAR END 1 OTHER PRIMARY COLLISION FACTOR COMPLAINT OF PAIN BROADSIDE NOT STATED PROPERTY DAMAGE ONLY HIT OBJECT FOLLOWING TOO WRONG SIDE OF DUI IMPEDING TRAFFIC UNSAFE SPEED CLOSELY ROAD 1 1 1 IMPROPER UNSAFE LANE IMPROPER AUTO ROW PED ROW PASSING CHANGE TURNING VIOLATION VIOLATION 1 1 1 TRAFFIC SIGNALS HAZARDOUS PED VIOLATION LIGHTS BRAKES AND SIGNS PARKING 1 1 I UNSAFE STARTING PED OR UNKNOWN OR OTHER FELL ASLEEP OR BACKING OTHER DUI NOT STATED HSIP Analyzer Detailed Engineer's Estimate for Construction Items: FOR NO. ITEM DESCRIPTION UNIT QUANTITY UNIT ' TOTAL CM#J FOR FOR .o 1 Mobilization LS 1 $25,000 $25,000 o. 100% 0% 0 0/ 2 Traffic Control LS 1 $10,000 $10,000 100% 0% 0% Remove Existing Traffic Signal 3 Equipment (controller, ped heads, LS 1 $15,000 $15,000 100% 0% 0% push buttons) New Type 2070 Traffic Signal 4 EA 55 $4,500 $247,000 100% 0% 0% Controller 5 New LED Countdown Timer EA 350 $400 $140,000 100% 0% 0% Pedestrian Head Module 6 New APS Pedestrian Push Button EA 350 $1200 $420,00 100% 0% 0% AVERAGEWEIGHTED TOTAL$857,500 *Cost % for Other Safety -Related components; **Cost % for Non Safety -Related components CONTINGENCIES,OF • • • OF 10% $85,750 CONSTRUCTION TOTAL• •COST $943,300 L (ROUNDED UP TO THE NEAREST HUNDREDS) HSIP Analyzer Project Cost Estimate: LOCALHSIP / HSIP DESCRIPTION TOTALCOSTTOTAL N FUNDS Preliminary Engineering (PE) Phase Environmental $3,000 100% $3,000 $0 PS&E $70,000 100% $70,000 $0 Subtotal — PE $73,000 100% $73,000 $0 Right of Way (ROW) Phase Right of Way Engineering $0 100% $0 $0 Appraisals, Acquisitions & Utilities $0 100% $0 $0 Subtotal — Right of Way (ROW) $0 100% $0 $0 Construction (CON) Phase Construction Engineering (CE) $90,000 100% $90,000 $0 Construction Items $943,300 (Read only —from Section 1) 100% $943,300 $0 Subtotal - Construction $1,033,300 100% $1,033,300 $0 • • • • $1,106,300 100% $1,106,300 $0 Priority Project Summary: TEMECULA LOCAL ROAD SAFETY PLAN - D-7 CITYWIDE TRAFFIC SIGNAL HARDWARE UPGRADES LSRM Countermeasure: S2: Improve signal hardware: lenses, back -plates with retroreflective borders, mounting, size, and number. Project Description: Upgrade existing safety lighting to LED lighting and street name signs to LED internally illuminated street name signs (IISNS) at traffic signals Citywide. Project Location: 116 Signalized Intersections Citywide. TEMECULA LOCAL ROAD SAFETY PLAN - D-8 1 LOCATION BUTTERFIELD STAGE ROAD & CROWNE HILL DRIVE LUMINAIRE 4 2 BUTTERFIELD STAGE ROAD & DE PORTOLA ROAD 4 3 BUTTERFIELD STAGE ROAD & LA SERENA WAY 4 4 BUTTERFIELD STAGE ROAD & NIGHTHAWK PASS 4 5 BUTTERFIELD STAGE ROAD & PAUBA ROAD 4 6 BUTTERFIELD STAGE ROAD & ROYAL CREST PLACE 4 7 BUTTERFIELD STAGE ROAD & WELTON WAY/CHANNEL STREET 4 8 BUTTERFIELD STAGE ROAD & WOLF STORE ROAD 4 9 DATE STREET & LAKEVIEW ROAD 4 10 DEER HOLLOW WAY & PEACH TREE STREET/VIA LA COLORADA 5 11 DEER HOLLOW WAY & PEPPERCORN DRIVE/JON WILLIAM WAY/ANZA ROAD 4 12 DIAZ ROAD & RANCHO WAY 4 13 JEFFERSON AVENUE & DEL RIO ROAD 4 14 JEFFERSON AVENUE & OVERLAND DRIVE 4 15 JEFFERSON AVENUE & SANBORN AVENUE 4 16 JEFFERSON AVENUE & VIA MONTEZUMA 4 17 MARGARITA ROAD & AVENIDA BARCA 4 18 MARGARITA ROAD & DARTOLO ROAD/LUCKY CENTER 4 19 MARGARITA ROAD & DATE STREET 4 20 MARGARITA ROAD & DE PORTOLA ROAD 4 21 MARGARITA ROAD & HARVESTON WAY 4 22 MARGARITA ROAD & LA SERENA WAY 4 23 MARGARITA ROAD & MORAGA ROAD 4 24 MARGARITA ROAD & NORTH GENERAL KEARNY ROAD 4 25 MARGARITA ROAD & OVERLAND DRIVE 4 26 MARGARITA ROAD & PAUBA ROAD 4 27 MARGARITA ROAD & PIO PICO ROAD 4 28 MARGARITA ROAD & WINCO DRIVEWAY 2 29 MARGARITA ROAD & RANCHO VISTA ROAD 4 30 MARGARITA ROAD & RUSTIC GLEN DRIVE/HARVESTON SCHOOL ROAD 4 31 MARGARITA ROAD & SANTIAGO ROAD 4 32 MARGARITA ROAD & SOLANA WAY 4 33 MARGARITA ROAD & STONEWOOD ROAD 4 34 MARGARITA ROAD & VERDES LANE 4 35 MARGARITA ROAD & WINCHESTER ROAD 4 36 MARGARITA ROAD & YUKON ROAD/HONORS DRIVE 4 37 MEADOWS PARKWAY & LEENA WAY 4 38 MEADOWS PARKWAY & DE PORTOLA ROAD 4 39 MEADOWS PARKWAY & CAMPANULA WAY 4 TEMECULA LOCAL ROAD SAFETY PLAN - D-9 # 40 LOCATION LA SERENA WAY & MEADOWS PARKWAY # LED LIUMINAIRE 4 41 MEADOWS PARKWAY & MCCABE DRIVE/SUNNY MEADOWS DRIVE 4 42 MEADOWS PARKWAY & PAUBA ROAD 4 43 RANCHO VISTA RD & MEADOWS PARKWAY 4 44 NICOLAS ROAD & NORTH GENERAL KEARNY ROAD 4 45 NICOLAS ROAD & RANCHO TEMECULA TOWN CENTER 4 46 NORTH GENERAL KEARNY ROAD & CAMINO CAMPOS VERDE 4 47 OLD TOWN FRONT STREET & SANTIAGO ROAD/FIRST STREET 4 48 OVERLAND DRIVE & PROMENADE WAY/NICOLE LANE 4 49 PAUBA RD & VIA RAMI/LINFIELD SCHOOL 4 50 PECHANGA PARKWAY & DEER HOLLOW WAY 4 51 PECHANGA PARKWAY & LOMA LINDA ROAD 4 52 PECHANGA PARKWAY & MUIRFIELD DRIVE 4 53 PECHANGA PARKWAY & NORTH CASINO DRIVE 3 54 PECHANGA PARKWAY & SOUTH CASINO DRIVE 4 55 PECHANGA PARKWAY & PECHANGA RESORT DRIVE/MINIMART 4 56 PECHANGA PARKWAY & RAINBOW CANYON ROAD 4 57 PECHANGA PARKWAY & WOLF CREEK DRIVE NORTH 4 58 PECHANGA PARKWAY & WOLF CREEK DRIVE SOUTH 4 59 PECHANGA PARKWAY & WOLF VALLEY ROAD 4 60 RING ROAD & PROMENADE MALL WEST 4 61 RANCHO CALIFORNIA ROAD & BUSINESS PARK DRIVE/RIDGE PARK DRIVE 4 62 RANCHO CALIFORNIA ROAD & BUTTERFIELD STAGE ROAD 4 63 RANCHO CALIFORNIA ROAD & DIAZ ROAD/VINCENT MORAGA DRIVE 4 64 RANCHO CALIFORNIA ROAD & HUMBER DRIVE/COSMIC DRIVE 4 65 RANCHO CALIFORNIA ROAD & JEFFERSON AVENUE/ OLD TOWN FRONT STREET 4 66 RANCHO CALIFORNIA ROAD & LYNDIE LANE 4 67 RANCHO CALIFORNIA ROAD & MARGARITA ROAD 4 68 RANCHO CALIFORNIA ROAD & MEADOWS PARKWAY 4 69 RANCHO CALIFORNIA ROAD & MORAGA ROAD 4 70 RANCHO CALIFORNIA ROAD & TOWN CENTER/HOPE WAY 4 71 RANCHO CALIFORNIA ROAD & VIA LAS COLINAS 4 72 RANCHO CALIFORNIA ROAD & YNEZ RD 4 73 RANCHO CALIFORNIA ROAD & YUKON ROAD/ASTEROID WAY 4 74 REDHAWK PARKWAY & OVERLAND TRAIL/PASEO PARALLON 4 75 REDHAWK PARKWAY & PEPPERCORN DRIVE 4 76 REDHAWK PARKWAY & VAIL RANCH PARKWAY 4 77 REDHAWK PARKWAY & VIA RIO TEMECULA/WOLF STORE ROAD 4 78 REDHAWK PARKWAY & WOLF VALLEY ROAD 4 TEMECULA LOCAL ROAD SAFETY PLAN - D-10 # 79 LOCATION TEMECULA PARKWAY & AVENIDA DE MISSION ES/RANCHO PUEBLO ROAD # LED LUMINAIRE 4 80 TEMECULA PARKWAY & BUTTERFIELD STAGE ROAD 4 81 TEMECULA PARKWAY & CAMINO DEL SOL 4 82 TEMECULA PARKWAY & COUNTRY GLEN WAY 4 83 TEMECULA PARKWAY & 1EDEDIAH SMITH ROAD 4 84 TEMECULA PARKWAY & KEVIN PLACE/RANCHO COMMUNITY WAY 4 85 TEMECULA PARKWAY & LA PAZ ROAD 4 86 TEMECULA PARKWAY & MAHLON VAIL ROAD 4 87 TEMECULA PARKWAY & MARGARITA ROAD/REDHAWK PARKWAY 4 88 TEMECULA PARKWAY & MEADOWS PARKWAY/APIS ROAD 4 89 TEMECULA PARKWAY & OLD TOWN FRONT STREET/WESTERN BYPASS 4 90 TEMECULA PARKWAY & PECHANGA PARKWAY 4 91 VAIL RANCH PARKWAY & NIGHTHAWK PASS 4 92 VAIL RANCH PARKWAY & TEHACHAPI PASS/EL CHIMISAL ROAD 4 93 WINCHESTER ROAD & DIAZ ROAD 4 94 WINCHESTER ROAD & ENTERPRISE CIRCLE NORTH/SOUTH 4 95 WINCHESTER ROAD & JEFFERSON AVENUE 4 96 WINCHESTER ROAD & PROMENADE MALL EAST/MARGARITA MEADOWS 4 97 WINCHESTER ROAD & NICOLAS ROAD 4 98 WINCHESTER ROAD & PROMENADE MALL WEST 4 99 WINCHESTER ROAD & RORIPAUGH ROAD 4 100 WINCHESTER ROAD & YNEZ ROAD 4 101 WOLF VALLEY ROAD & WOLF CREEK DRIVE NORTH/WOLF CREEK DRIVE SOUTH 4 102 YNEZ ROAD & COUNTY CENTER DRIVE 4 103 YNEZ ROAD & DATE STREET 4 104 YNEZ ROAD & DLR DRIVE 4 105 YNEZ ROAD & EQUITY DRIVE 4 106 YNEZ ROAD & MOTOR CAR PARKWAY 4 107 YNEZ ROAD & OVERLAND DRIVE 4 108 YNEZ ROAD & PALM PLAZA NORTH/PROMENADE MALL NORTH 4 109 YNEZ ROAD & PALM PLAZA SOUTH/PROMENADE MALL SOUTH 4 110 YNEZ ROAD & PAUBA ROAD 4 111 YNEZ ROAD & RANCHO VISTA ROAD 4 112 YNEZ ROAD & SANTIAGO ROAD 4 113 YNEZ ROAD & SOLANA WAY 4 114 YNEZ ROAD & TOWN CENTER NORTH/TOWER PLAZA NORTH 4 115 YNEZ ROAD & TOWN CENTER SOUTH/TOWER PLAZA SOUTH 4 116 BUTTERFIELD STAGE ROAD & CALLE CHAPOS • 4 462 TEMECULA LOCAL ROAD SAFETY PLAN - D-11 Existing Conditions Photos: w Figure 1: Existing 250W high pressure sodium (HPS) safety lighting luminaire and street name sign on the southbound traffic signal pole on the southwest corner of Rancho California Rd & Ynez Rd TEMECULA LOCAL ROAD SAFETY PLAN - D-12 SEVERITY FATAL SEVERE INJURY OTHER VISIBLE INJURY HEAD-ON OVERTURNED SIDESWIPE 1• VEHICLE/PED COLLISION TYPE REAR END OTHER PRIMARY COLLISION FACTOR COMPLAINT OF PAIN BROADSIDE NOT STATED PROPERTY DAMAGE ONLY HIT OBJECT FOLLOWING TOO WRONG SIDE OF DUI IMPEDING TRAFFIC UNSAFE SPEED CLOSELY ROAD 11 1 IMPROPER UNSAFE LANE IMPROPER AUTO ROW PED ROW PASSING CHANGE TURNING VIOLATION VIOLATION TRAFFIC SIGNALS HAZARDOUS PED VIOLATION LIGHTS BRAKES AND SIGNS PARKING 1 1 / UNSAFE STARTING PED OR UNKNOWN OR OTHER FELL ASLEEP OR BACKING OTHER DUI NOT STATED HSIP Analyzer Detailed Engineer's Estimate for Construction Items: HSIP Analyzer Project Cost Estimate: LOCALHSIP / HSIP DESCRIPTION TOTALCOST TOTAL FUNDS OTHER N FUNDS Preliminary Engineering (PE) Phase Environmental $3,000 100% $3,000 $0 PS&E $50,000 100% $50,000 $0 Subtotal — PE $53,000 100% $53,000 $0 Right of Way (ROW) Phase Right of Way Engineering $0 100% $0 $0 Appraisals, Acquisitions & Utilities $0 100% $0 $0 Subtotal — Right of Way (ROW) $0 100% $0 $0 Construction (CON) Phase Construction Engineering (CE) $104,000 100% $104,000 $0 Construction Items $745,200 (Read only —from Section 1) 100% $745,200 $0 Subtotal - Construction $849,200 100% $849,200 $0 • • . • $902,200 100% $902,200 $0 Priority Project Summary: TEMECULA LOCAL ROAD SAFETY PLAN - D-14 INSTALLATION OF DYNAMIC VARIABLE SPEED WARNING SYSTEMS LSRM Countermeasure: R26: Install dynamic/variable speed warning signs Project Description: Implement dynamic speed warning signage on curvilinear roadways that have an unacceptable level of crashes due to excessive speeds on relatively sharp curves. Project Location: 8 Roadway Segment Locations Citywide. TEMECULA LOCAL ROAD SAFETY PLAN - D-15 1 CORRIDOR LOCATION Rainbow Valley Rd (2 Locations) SIGNS 4 Z Vail Ranch Pkwy 2 3 De Portola Rd 2 4 Butterfield Stage Rd 2 5 Jefferson Ave (2 Locations) 4 6 Margarita Rd 2 7 Meadows Pkwy 2 8 Cantrell Rd . 2 20 Existing Conditions Photos: Figure 1: Existing curve in roadway looking south on Rainbow Valley Rd. Figure 2: Existing curve in roadway looking west on Cantrell Rd. TEMECULA LOCAL ROAD SAFETY PLAN - D-16 SEVERITY FATAL SEVERE INJURY OTHER VISIBLE INJURY HEAD-ON OVERTURNED SIDESWIPE VEHICLE/PED COLLISION TYPE REAR END OTHER PRIMARY COLLISION FACTOR COMPLAINT OF PAIN BROADSIDE NOT STATED PROPERTY DAMAGE ONLY HIT OBJECT FOLLOWING TOO WRONG SIDE OF DUI IMPEDING TRAFFIC UNSAFE SPEED CLOSELY ROAD IMPROPER UNSAFE LANE IMPROPER AUTO ROW PED ROW PASSING CHANGE TURNING VIOLATION VIOLATION TRAFFIC SIGNALS HAZARDOUS PED VIOLATION LIGHTS BRAKES AND SIGNS PARKING UNSAFE STARTING PED OR UNKNOWN OR OTHER FELL ASLEEP OR BACKING OTHER DUI NOT STATED HSIP Analyzer Detailed Engineer's Estimate for Construction Items: HSIP Analyzer Project Cost Estimate: DESCRIPTION TOTALCOST TOTAL(%) FUNDS OTHER FUNDS Preliminary Engineering (PE) Phase Environmental $4,000 100% $4,000 $0 PS&E $75,000 100% $75,000 $0 Subtotal — PE $79,000 100% $79,000 $0 Right of Way (ROW) Phase Right of Way Engineering $0 100% $0 $0 Appraisals, Acquisitions & Utilities $0 100% $0 $0 Subtotal — Right of Way (ROW) $0 100% $0 $0 Construction (CON) Phase Construction Engineering (CE) $62,000 100% $62,000 $0 Construction Items $419,800 (Read only —from Section 1) 100% $419,800 $0 Subtotal - Construction $481,800 100% $481,800 $0 PROJECT T• $560,800 100% $560,800 $0 Priority Project Summary: $11,530,243 1 $560,800 1 20.56 TEMECULA LOCAL ROAD SAFETY PLAN - D-18 SIGNAL TIMING AND COMMUNICATION UPGRADES LSRM Countermeasure: S03: Improve signal timing: coordination, phases, red, yellow, or operation Project Description: Improve signal operations by implementing new network switches and providing either fiber optic or wireless radio communications. Project Location: 89 Signalized Intersections Citywide. �• •Switch 1 BUTTERFIELD STAGE ROAD & CROWNE HILL DRIVE 1 ... -. Network 1 Communication Equipment? (Fiber/Wireless) Fiber 2 BUTTERFIELD STAGE ROAD & DE PORTOLA ROAD 1 1 Fiber 3 BUTTERFIELD STAGE ROAD & LA SERENA WAY 1 1 Fiber 4 BUTTERFIELD STAGE ROAD & NIGHTHAWK PASS 1 1 Wireless 5 BUTTERFIELD STAGE ROAD & PAUBA ROAD 1 1 Fiber 6 BUTTERFIELD STAGE ROAD & ROYAL CREST PLACE 1 1 Fiber 7 BUTTERFIELD STAGE ROAD & WELTON WAY/CHANNEL STREET 1 1 Wireless 8 BUTTERFIELD STAGE ROAD & WOLF STORE ROAD 1 1 Fiber 9 CAMPANULA WAY & CAMINO DEL SOL 1 1 Fiber 10 DATE STREET & KINGWOOD ROAD 1 1 Fiber 11 DATE STREET & LAKEVIEW ROAD 1 1 Fiber 12 DE PORTOLA ROAD & CAMPANULA WAY EAST 1 1 Fiber 13 DEER HOLLOW WAY & PEACH TREE STREET/VIA LA COLORADA 1 1 Fiber 14 DEER HOLLOW WAY & PEPPERCORN DRIVE/JON WILLIAM WAY/ANZA ROAD DIAZ ROAD & RANCHO WAY JEFFERSON AVENUE & DEL RIO ROAD 1 1 Fiber 15 1 1 Fiber 16 1 1 Fiber 17 JEFFERSON AVENUE & OVERLAND DRIVE 1 1 Fiber 18 JEFFERSON AVENUE & SANBORN AVENUE 1 1 Fiber 19 JEFFERSON AVENUE & VIA MONTEZUMA 1 1 Fiber 20 MARGARITA ROAD & ABBOTT VASCULAR DRIVE/SOLANA RIDGE 1 1 Fiber 21 MARGARITA ROAD & AVENIDA BARCA 1 1 Fiber 22 MARGARITA ROAD & DATE STREET 1 1 Fiber 23 MARGARITA ROAD & HARVESTON WAY 1 1 Fiber 24 MARGARITA ROAD & LA SERENA WAY 1 1 Fiber 25 MARGARITA ROAD & MORAGA ROAD 1 1 Fiber TEMECULA LOCAL ROAD SAFETY PLAN - D-19 INT 26 Proposed New Network SIGNALIZED PROJECT • MARGARITA ROAD & NORTH GENERAL KEARNY ROAD 1 1 Communication Equipment? Fiber 27 MARGARITA ROAD & OVERLAND DRIVE 1 1 Fiber 28 MARGARITA ROAD & PAUBA ROAD 1 1 Fiber 29 MARGARITA ROAD & PIO PICO ROAD 1 1 Fiber 30 MARGARITA ROAD & WINCO DRIVEWAY 1 1 Fiber 31 MARGARITA ROAD & RUSTIC GLEN DRIVE/HARVESTON SCHOOL ROAD 1 1 Fiber 32 MARGARITA ROAD & SANTIAGO ROAD 1 1 Fiber 33 MARGARITA ROAD & SOLANA WAY 1 1 Fiber 34 MARGARITA ROAD & STONEWOOD ROAD 1 1 Fiber 35 MARGARITA ROAD & VERDES LANE 1 1 Fiber 36 MARGARITA ROAD & YUKON ROAD/HONORS DRIVE 1 1 Fiber 37 MEADOWS PARKWAY & LEENA WAY 1 1 Fiber 38 MEADOWS PARKWAY & DE PORTOLA ROAD 1 1 Fiber 39 MEADOWS PARKWAY & CAMPANULA WAY 1 1 Fiber 40 LA SERENA WAY & MEADOWS PARKWAY 1 1 Wireless 41 MEADOWS PARKWAY & MCCABE DRIVE/SUNNY MEADOWS DRIVE 1 1 Fiber 42 MEADOWS PARKWAY & PAUBA ROAD 1 1 Fiber 43 RANCHO VISTA RD & MEADOWS PARKWAY 1 1 Wireless 44 NICOLAS ROAD & NORTH GENERAL KEARNY ROAD 1 1 Fiber 45 NICOLAS ROAD & RANCHO TEMECULA TOWN CENTER 1 1 Fiber 46 NORTH GENERAL KEARNY ROAD & CAMINO CAMPOS VERDE 1 1 Wireless 47 OLD TOWN FRONT STREET & SANTIAGO ROAD/FIRST STREET 1 1 Wireless 48 OVERLAND DRIVE & PROMENADE WAY/NICOLE LANE 1 1 Fiber 49 PAUBA ROAD & FIRE STATION 84/CALLE VENTURA 1 1 Fiber 50 PAUBA RD & VIA RAMI/LINFIELD SCHOOL 1 1 Wireless 51 PECHANGA PARKWAY & DEER HOLLOW WAY PECHANGA PARKWAY & LOMA LINDA ROAD PECHANGA PARKWAY & MUIRFIELD DRIVE PECHANGA PARKWAY & NORTH CASINO DRIVE PECHANGA PARKWAY & SOUTH CASINO DRIVE PECHANGA PARKWAY & PECHANGA RESORT DRIVE/MINIMART PECHANGA PARKWAY & RAINBOW CANYON ROAD 1 1 Fiber 52 1 1 Fiber 53 1 1 Fiber 54 1 1 Fiber 55 1 1 Fiber 56 1 1 Fiber 57 1 1 1 1 Fiber Fiber 58 PECHANGA PARKWAY & WOLF CREEK DRIVE NORTH 59 PECHANGA PARKWAY & WOLF CREEK DRIVE SOUTH 1 1 Fiber 60 PECHANGA PARKWAY & WOLF VALLEY ROAD 1 1 Fiber 61 RING ROAD & PROMENADE MALL NORTH 1 1 Wireless 62 RING ROAD & PROMENADE MALL WEST 1 1 Wireless 63 RING ROAD & PROMENADE MALL SOUTH 1 1 Wireless TEMECULA LOCAL ROAD SAFETY PLAN - D-20 INT 64 Proposed New Network SIGNALIZED PROJECT • RANCHO VISTA ROAD & MIRA LOMA DRIVE 1 1 Communication Equipment? Wireless 65 REDHAWK PARKWAY & OVERLAND TRAIL/PASEO PARALLON 1 1 Wireless 66 REDHAWK PARKWAY & PEPPERCORN DRIVE 1 1 Wireless 67 REDHAWK PARKWAY & VAIL RANCH PARKWAY 1 1 Wireless 68 REDHAWK PARKWAY & VIA RIO TEMECULA/WOLF STORE ROAD 1 1 Wireless 69 REDHAWK PARKWAY & WOLF VALLEY ROAD 1 1 Wireless 70 VAIL RANCH PARKWAY & NIGHTHAWK PASS 1 1 Wireless 71 VAIL RANCH PARKWAY & TEHACHAPI PASS/EL CHIMISAL ROAD 1 1 Wireless 72 WOLF VALLEY ROAD & WOLF CREEK DRIVE NORTH/WOLF CREEK DRIVE SOUTH 1 1 Fiber 73 YNEZ ROAD & COUNTY CENTER DRIVE 1 1 Fiber 74 YNEZ ROAD & DATE STREET 1 1 Fiber 75 YNEZ ROAD & DLR DRIVE 1 1 Fiber 76 YNEZ ROAD & EQUITY DRIVE 1 1 Fiber 77 YNEZ ROAD & MOTOR CAR PARKWAY 1 1 Fiber 78 YNEZ ROAD & OVERLAND DRIVE 1 1 Fiber 79 YNEZ ROAD & PALM PLAZA NORTH/PROMENADE MALL NORTH 1 1 Fiber 80 YNEZ ROAD & PALM PLAZA SOUTH/PROMENADE MALL SOUTH 1 1 Fiber 81 YNEZ ROAD & PAUBA ROAD 1 1 Fiber 82 YNEZ ROAD & RANCHO VISTA ROAD 1 1 Fiber 83 YNEZ ROAD & SANTIAGO ROAD 1 1 Fiber 84 YNEZ ROAD & SOLANA WAY 1 1 Fiber 85 YNEZ ROAD & TIERRA VISTA ROAD 1 1 Fiber 86 YNEZ ROAD & TOWN CENTER NORTH/TOWER PLAZA NORTH 1 1 Fiber 87 YNEZ ROAD & TOWN CENTER SOUTH/TOWER PLAZA SOUTH 1 1 Fiber 88 BUTTERFIELD STAGE ROAD & CALLE CHAPOS 1 1 Fiber 89 TEMECULA PARKWAY & OLD TOWN FRONT STREET/WESTERN BYPASS M 1 1 Fiber 89 89 — TEMECULA LOCAL ROAD SAFETY PLAN - D-21 Existing Conditions Photos: Figure 1: Existing traffic signal cabinet with Model 170E Controller located at the intersection of Rancho Vista Rd & Meadows Parkway. Crash Analysis: 883 Total Collisions at Signalized Intersections (2016-2020). TEMECULA LOCAL ROAD SAFETY PLAN - D-22 PRIMARY COLLISION FACTOR FOLLOWING TOO WRONG SIDE OF DUI IMPEDING TRAFFIC UNSAFE SPEED CLOSELY ROAD IMPROPER UNSAFE LANE IMPROPER AUTO ROW PED ROW PASSING CHANGE TURNING VIOLATION VIOLATION TRAFFIC SIGNALS HAZARDOUS PED VIOLATION LIGHTS BRAKES AND SIGNS PARKING UNSAFE STARTING PED OR UNKNOWN OR OTHER FELL ASLEEP OR BACKING OTHER DUI NOT STATED HSIP Analyzer Detailed Engineer's Estimate for Construction Items: DESCRIPTION UNIT QUANTITY UNIT TOTALITEM .• FOR R-ptic Cable Upgrades LS 1 $670,000 $670,000 100% 0% 0% 2 Wireless Radio Communication 1 $130,000 $130,000 100% 0% 0% LS System 3 Layer 2 Managed Ethernet Switch EA 89 $4,000 $356,000 100% 0% 0% in Traffic Signal Cabinet. 4 Remove Existing Equipment LS 1 $8,000 $8,000 100% 0% 0% 5 Mobilization LS 1 $70,000 $70,000 100% 0% 0% 6 Traffic Control LS 1 $70,000 $70,000 100% 0% 0% WEIGHTED AVERAGE (%) 100% 0% 0% • $1,304,000 *Cost % for Other Safety -Related components; **Cost % for Non Safety -Related components • • • • •7,11 •NEI 10% $130,400 TOTAL• •COST $1,434,400 (ROUNDED UP TO THE NEAREST HUNDREDS) HSIP Analyzer Project Cost Estimate: LOCAL DESCRIPTION TOTALCOST TOTAL(%) FUNDS OTHER FUNDS Preliminary Engineering (PE) Phase Environmental $5,000 50% $2,500 $2,500 PS&E $145,000 50% $72,500 $72,500 Subtotal - PE $150,000 50% $75,000 $75,000 Right of Way (ROW) Phase Right of Way Engineering $0 50% $0 $0 Appraisals, Acquisitions & Utilities $0 50% $0 $0 Subtotal - Right of Way (ROW) $0 50% $0 $0 Construction (CON) Phase Construction Engineering (CE) $215,000 50% $107,500 $107,500 Construction Items $1,434,400 (Read only - from Section 1) 50% $717,200 $717,200 Subtotal - Construction $1,649,400 50% $824,700 $824,700 PROJECT T• $1,799,400 50% $899,700 $899,700 Priority Project Summary: $27,506,418 1 $1,799,400 15.29 TEMECULA LOCAL ROAD SAFETY PLAN - D-24 Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 26, 2022 SUBJECT: Approve First Amendments to Annual Professional Services Agreements for Architectural Services for the Department of Public Works/Capital Improvement Program (CIP) Division for Fiscal Years 2020-2024 PREPARED BY: Julie Tarrant, Principal Management Analyst Jenny McConville, Administrative Assistant RECOMMENDATION: That the City Council approve First Amendments to Annual Professional Services Agreements for Architectural Services for the Department of Public Works/Capital Improvement Program (CIP) Division for Fiscal Years 2020-2024, as follows: Gillis + Panichapan Architects, Inc, Architectural Services $1,000,000 total term Miller Architectural Corporation Architectural Services $1,000,000 total term TR Design Group, Architecture Architectural Services $1,000,000 total term BACKGROUND: On August 13, 2019, the City Council approved professional services Agreements for Architectural Services with Gillis + Panichapan Architects, Inc., Miller Architectural Corporation, and TR Design Group, Architecture. Each Agreement covers a period of five years, Fiscal Years 2020-2024, for an amount not to exceed $200,000 each fiscal year, for a total agreement amount of $1,000,000. Each firm is currently providing architectural services on a variety of CIP projects for the Public Works Department, and as a result we have nearly exceeded the current fiscal year 2021/22 allowance of $200,000. As such, staff needs to amend each agreement to exclude the annual fixed amount of $200,000 per fiscal year to avoid delays to ongoing projects. The First Amendments will amend the Payment Terms to allow for a total Agreement value, removing the annual allowance that is currently limited to $200,000 per fiscal year. The original term of the Agreements will remain unchanged and will be in effect through June 30, 2024, unless otherwise amended in the future. FISCAL IMPACT: Adequate funds are made available in the Capital Improvement Program (CIP) for Fiscal Years 2022-2026, and annual services are funded by the various funding sources approved for each project. ATTACHMENTS: 1. First Amendment — Gillis + Panichapan Architects, Inc. 2. First Amendment — Miller Architectural Corporation 3. First Amendment — TR Design Group, Architecture FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND GILLIS + PANICHAPAN ARCHITECTS, INC. ARCHITECTURAL SERVICES THIS FIRST AMENDMENT is made and entered into as of April 26, 2022 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Gillis + Panichapan Architects, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On August 13, 2019, the City and Consultant entered into that certain Agreement entitled "Agreement for Architectural Services," in the amount of $200,000.00 each fiscal year, for a total Agreement amount of $1,000,000.00. The parties now desire to amend the Agreement as set forth in this _ IM :11I-� 2. Section 6 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00) for the total term of this agreement, unless additional payment is approved as provided in this agreement. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Matt Rahn, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: GILLIS + PANICHAPAN ARCHITECTS, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: F Jack Pa chapan, AIA, LEED AP, President/CEO By: Linda Panichapan, Secretary Peter M. Thorson, City Attorney CONSULTANT Gillis + Panicha an Architects Inc. Attn: Jack Panicha an 2900 Bristol Street Suite G-205 Costa Mesa, CA 92626 714 668-4260 jack@gparchitects.org City Purchasing Mgr. Initials and Date: 08/09/2021 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND MILLER ARCHITECTURAL CORPORATION ARCHITECTURAL SERVICES THIS FIRST AMENDMENT is made and entered into as of April 26, 2022 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Miller Architectural Corporation, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On August 13, 2019, the City and Consultant entered into that certain Agreement entitled "Agreement for Architectural Services," in the amount of $200,000.00 each fiscal year, for a total Agreement amount of $1,000,000.00. The parties now desire to amend the Agreement as set forth in this 2. Section 6 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00) for the total term of this agreement, unless additional payment is approved as provided in this agreement. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA MILLER ARCHITECTURAL CORPORATION {Two Sign alures of corporate officers required unless corporate documents authorize only one person to sign the agreement an behalf of the corporation. By: y Mike Naggar, Mayor : GayI er O Principal i Cha rge M ATTEST: By: __ Randi Johl, City Clerk APPROVED AS TO FORM: By: Roberta L. Wile, Office Manager By: Peter M. Thorson, City Attorney CONSULTANT Miller Architectural Corooration Attn: Gary Miller 1177 Idaho Street, Ste. 200 Redlands, CA 92374 (909) 335-7400 x. 111 gmiller@miller-aip.com City Purchasing Mgr. Initial Date: d j(; j'v- 08/09/2021 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND TR DESIGN GROUP, ARCHITECTURE ARCHITECTURAL SERVICES THIS FIRST AMENDMENT is made and entered into as of April 26, 2022 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and TR Design Group, Architecture, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On August 13, 2019, the City and Consultant entered into that certain Agreement entitled "Agreement for Architectural Services," in the amount of $200,000.00 each fiscal year, for a total Agreement amount of $1,000,000.00. The parties now desire to amend the Agreement as set forth in this Amendment. 2. Section 6 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00) for the total term of this agreement, unless additional payment is approved as provided in this agreement. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Matt Rahn, Mayor ATTEST: By: Rand! Johl, City Clerk APPROVED AS TO FORM: By. Peter M. Thorson, City Attorney TR DESIGN GROUP, ARCHITECTURE (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: 4/7/22 Thomas Riggle, President By: 77 ��4 7 22 Thomas Riggle, Secretary CONSULTANT TR Design Group, Architecture Attn: Thomas Riggle 2900 Adams Street, Suite A-400 Riverside, CA 92504 951 742-7179 thomas@trdesigngroup.com City Purchasing Mgr. Initials ar� d Date: VY I&&I, O8/09/2021 7179 MAGN01IAAVFNIJF N RIVFRSID17 CA 92504 ■ (951) 797-7179 CERTIFICATE OF CONSENT TO ACTION WITHOUT MEETING OF THE BOARD OF DIRECTORS Certificate of written consent to action without meeting of the Board of Directors of Thomas Riggle (the "Corporation") dated this 1 Oth day of July, 2019. The Secretary of the Corporation Certifies that the Corporation is a corporation duly organized and operating under the laws of the State of California. IT WAS RESOLVED THAT: 1. The officers and directors are authorized to enter into the following contract(s) (the "Contra ct(s)"): a. Contracts as they pertain to the City of Temecula Any officer or director of the Corporation is authorized to sign all documents and perform such acts as may be necessary or desirable to give effect to the above resolution(s). 2. The resolution may be executed in counterparts. Facsimile or scanned signatures are binding and are considered to be original signatures. In witness whereof, I have duly executed this Certificate of Corporate Resolution this I Ofh day of July, 2019. Thomas Riggle President Thomas Riggle Secretary w ww.trdesi9ngioup.com Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 26, 2022 SUBJECT: Approve Amendments to Annual Professional Services Agreements for Engineering, Survey, and Environmental Services for the Department of Public Works/Capital Improvement Program (CIP) Division for Fiscal Years 2020-2024 PREPARED BY: Julie Tarrant, Principal Management Analyst Jenny McConville, Administrative Assistant RECOMMENDATION: That the City Council approve Amendments to Annual Professional Services Agreements for Engineering, Survey, and Environmental Services for the Department of Public Works/Capital Improvement Program (CIP) Division for Fiscal Years 2020-2024, as follows: CASC Engineering and Consulting, Engineering, Survey & First Amendment Inc. Environmental Services $1,000,000 total term Engineering Resources of Southern Engineering, Survey & Second Amendment California, Inc. Environmental Services $1,350,000 total term SB&O, Inc. Engineering, Survey & First Amendment Environmental Services $1,000,000 total term BACKGROUND: On July 23, 2019, the City Council approved professional services Agreements for Engineering, Survey, and Environmental Services with CASC Engineering and Consulting, Inc., Engineering Resources of Southern California, Inc., and SB&O, Inc. Each Agreement covers a period of five years, Fiscal Years 2020-2024, for an amount not to exceed $200,000 each fiscal year, for a total agreement amount of $1,000,000. Each firm is currently providing engineering services on a variety of CIP projects for the Public Works Department, and as a result we have nearly exceeded the current Fiscal Year 2021-22 allowance of $200,000. As such, staff needs to amend each agreement to exclude the annual fixed amount of $200,000 per fiscal year to avoid delays to ongoing projects. These Amendments will amend the Payment Terms to allow for a total Agreement value, removing the annual allowance that is currently limited to $200,000 per fiscal year. The original term of the Agreements will remain unchanged and will be in effect through June 30, 2024, unless otherwise amended in the future. All firms have provided updated Schedule of Hourly Billing Rates for the forthcoming FY2022-23, included as Attachment "1" to each Amendment. FISCAL IMPACT: Adequate funds are made available in the Capital Improvement Program (CIP) for Fiscal Years 2022-2026, and annual services are funded by the various funding sources approved for each project. ATTACHMENTS: 1. First Amendment — CASC Engineering and Consulting, Inc. 2. Second Amendment — Engineering Resources of Southern California, Inc. 3. First Amendment — SB&O, Inc. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND CASC ENGINEERING & CONSULTING, INC. ENGINEERING, SURVEY, AND ENVIRONMENTAL SERVICES THIS FIRST AMENDMENT is made and entered into as of April 26, 2022 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and CASC Engineering & Consulting, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On July 23, 2019, the City and Consultant entered into that certain Agreement entitled "Agreement for Engineering, Survey, and Environmental Services, in the amount of $200,000.00 each fiscal year, for a total Agreement amount of $1,000,000.00. b. The parties now desire to amend the Agreement as set forth in this Amendment. 2. Section 6 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00) for the total term of this agreement, unless additional payment is approved as provided in this agreement. 3. The "CASC Engineering and Consulting Rate Schedule" as set forth in Exhibit B of the Agreement shall be amended to include the revised "CASC Engineering and Consulting Rate Schedule", as more fully described in Attachment 1", attached to this First Amendment and incorporated herein by reference. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Matt Rahn, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: CASC Engineering & Consulting, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: YY r, P.E., President/CF0 Michelle E. Furlong, Seceoyffreasurer By: Peter M. Thorson, City Attorney CONSULTANT CASC Engineering & Consulting, Inc. _ Attn: Jeff Endicott, Engineering Manager 1470 E. Cooley Drive Colton, CA 92324-3933 (855) 383-0101 x. 5380 (toll free) 909 835-7537 cell jendicott@cascinc.com City Purchasing Mgr. Initials and Date: & 08/09/2021 Engineering and Cons lting CASC ENGINEERING AND CONSULTING RATE SCHEDULE Civil and Environmental Engineering/Consulting President/Principal Engineer Sr. Director Director Program Manager/ Technical Specialist Senior Project Manager/ Senior Engineer IV/Senior Scientist IV Project Manager III/Senior Engineer III/ Senior Scientist III Project Manager II/Senior Engineer II/ Senior Scientist II Project Manager I/Senior Engineer I/ Senior Scientist I Assistant Project Manager/ Senior Environmental Analyst Project Engineer/ Environmental Analyst III/ Scientist III Senior Designer II/ Environmental Analyst II/ Scientist II Senior Designer I /Environmental Analyst I/ Scientist I Design Engineer II Design Engineer I Designer II/ Staff Analyst II Designer I/ Staff Analyst I CADD Drafter/Project Analyst III Staff Assistant II/Project Analyst II Staff Assistant I/Project Analyst I Planning and Environmental Planning Director Senior Project Manager Senior Biologist Project Manager II Project Manager I Senior Planner II/Biologist II Senior Planner I/Biologist I Associate Planner II/GIS Specialist II Associate Planner I/GIS Specialist I Construction Monitor Clerical Project Coordinator/Clerical III Project Coordinator/Clerical II Project Coordinator/Clerical I REIMBURSABLE EXPENSES: The following expenses will be billed at cost plus 15% unless otherwise noted: 27710 Jefferson Street, Suite 105 Temecula, CA 92590 (951) 216-2456 Landscape Architectures $265 Licensed Landscape Architect $175 $235 Senior Landscape Designer $150 $220 Associate Landscape Designer $125 $210 Assistant Landscape Designer $105 $195 $180 Construction Management $170 Resident Engineer $165 $165 Field Inspector III $140 $160 Field Inspector II $125 $155 Field Inspector 1 $113 $150 $145 Surveying and Mapping $135 Licensed Surveyor/ Director $210 $125 Senior Survey Project Manager $175 $120 Senior Survey Analyst $150 $115 Senior Calculator $145 $102 Calculator II $127 $96 Calculator $116 $90 Survey Analyst 11 $106 Survey Analyst 1 $96 Technical Aide $91 $210 $182 Field Survey Crews $175 Three Person Survey/GPS Crew $265 $170 Two Person Survey/GPS Crew $226 $165 One Person Survey/GPS Crew $210 $140 $127 Unmanned Aerial Services $116 Director $235 $106 Licensed UAS Pilot $195 $94-116 Project Manager $165 Video Editor $155 Visual Observer $113 $95 Flight Coordinator $113 $90 $85 Outside Services: Includes fees paid to sub -consultants, consultants, analytical laboratories, and other providers of services required for execution of the project. Permits, Applications, and Fees: Includes fees for Notices of Intent (NOI), Notices of Termination (NOT), application fees, submittal fees, permit fees, and other fees required as part of the project and not paid directly by Client. Reproduction Services: Includes blueprinting, copying, printing, and plotting. In-house plots will be billed at $6.00 per sheet for each client set and for a final in-house review set. B&W / Color copies: $0.08 / $0.90 for 8.5 X 11 and $0.20 / $1.20 for 11 X 17. Rental Fees: Includes rental fees paid by the firm, including required vehicles, equipment, and tools required to complete the work. Commercial Delivery Services: Including Express Mail, Federal Express, UPS and independent courier services. In -House Pick -Up and Delivery Services: When provided by the firm, these services will be billed at $50.00 per hour plus current IRS mileage reimbursement rates per mile round trip, with no additional markup. Travel Expenses: Includes travel expenses incidental to performance of the work, including airfare, parking, tolls, taxi, lodging, etc. Vehicle mileage will be billed at a rate of current IRS mileage reimbursement rate per mile with no additional markup. Travel time for professional and administrative staff will be billed per the hourly fee rate schedule with no additional markup and survey crews will be billed at $60 Perhour, pert -man crew. Per Diem: Per diem for meals for overnight stays will be billed at Caltrans current state rates. NOTES: Prevailing Wage: Projects and/or portions thereof designated by Client to be subject to Prevailing Wage shall be billed at the regular staff rate or the Prevailing Wage rate, whichever is higher plus a multiplier of approximately 2.3 to 2.8 for overhead and profit. The Prevailing Wage rate shall be based upon the Wage Rate Determination issued by California's Director of Industrial Relations for the locality and employee classification at the time the work is performed. Please contact CASC for specific project prevailing wage rates. Waiver of Subrogation: When a Waiver of Subrogation for Workman's Compensation Insurance is required by the Client, the Client will be required to pay the additional insurance premium. The approximate amount for the waiver is $250 per year. Litigation Support and Expert Witness shall beat 2.0 times the above noted hourly rates. Annual Increase in rate: CASC will increase their rates annually, usually at the beginning of a calendar year. A new fee rate schedule will be provided. Client Initial Revised 11/22/21 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. ENGINEERING, SURVEY, AND ENVIRONMENTAL SERVICES THIS FIRST AMENDMENT is made and entered into as of April 26, 2022 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Engineering Resources of Southern California, Inc., a Corporation, (hereinafter referred to as "Consultant"). Inconsideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 23, 2019, the City and Consultant entered into that certain Agreement entitled "Agreement for Engineering, Survey, and Environmental Services, in the amount of $200,000.00 each fiscal year, for a total Agreement amount of $1,000,000.00. b. On August 10, 2021, the City and Consultant entered into the First Amendment to the Agreement to increase the payment in the amount of Three Hundred Fifty Thousand Dollars and Zero Cents ($350,000.00). C. The parties now desire to amend the Agreement as set forth in this Amendment. 2. Section 6 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Three Hundred Fifty Thousand Dollars and Zero Cents ($1,350,000.00) for the total term of this agreement, unless additional payment is approved as provided in this agreement. 3. The "Engineering Resources of Southern California, Inc. Schedule of Rates" as set forth in Exhibit B of the Agreement shall be amended to include the revised "Engineering Resources of Southern California, Inc. Schedule of Rates", as more fully described in Attachment 1", attached to this First Amendment and incorporated herein by reference. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written, CITY OF TEMECULA ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC, (Two S1gne[ure3 olcorporato olrlcersrequiredunless corporate documents aulhorlxe only one person to sign (heegreomant on behalf of (lie corporation) By: Matt Rahn, Mayor ATTEST: By: Rands Johl, City Clerk APPROVED AS TO FORM: By: John Brud n, President By: Moe Ahmadl, Vice Pros ldent/Treasurer By: _ Peter M. Thorson, City Attorney CONSULTANT Engineering Resources of Southern California, Inc._ Attn: John Brudin 1861 W. Redlands Blvd. Redlands, CA 82373 809 890.1266 inatt@ersclnc.com City Purchasing Mgr. Initials a d Date:'! VL 0810912021 Professional Staff Vice President.. Sr. Principal Engineer ............. Principal Engineer..,..,....,.. .... Assistant Principal Engineer.. Engineer V ............................. Engineer IV ............................ Engineer III ............................ Engineer II ............................. EngineerI .............................. Engineering Staff ................ $265.00 ................ $225,00 ................ $220,00 ................ $200,00 ................ $185,00 ............ $170.00 ................ $155,00 ................ $140,00 ................ $120,00 ................ $105,00 Principal Engineering Associate,,, $190.00 Senior Engineering Associate ............................................ $165,00 Engineering Associate V.................................................... $145,00 Engineering Associate IV ................................................... $125.00 Engineering Associate III .................................................... $115.00 Engineering Associate II ..................................................... $104.00 Engineering Associate I ...................................................... $100,00 Engineering Aide II.............................................................. $55.00 .. Engineering Aide 1....................................0........................ $50.00 Survey Staff and Services Principal Surveyor., 1111IM11m, $190.00 Senior Surveyor................................................................. $155.00 Surveyor III........................................................................ $120100 Surveyor II......................................................................... $100,00 .. Surveyor I.......................................................................... $90.00 2-Man Survey Crew (Std Equipment/Truck)...................................................... $290,00 1-Man Survey Crew (Std Equipment/Truck)...................................................... $220,00 3rd Man on Survey Crew ................................................... $120,00 Construction Support Staff Construction Manager...."..,,,,.,.. $185.00 Chief Construction Inspector ............................................. $145.00 Sr. Construction Inspector................................................1$135,00 Construction Inspector. .................................................0... $125,00 Inspector Overtime (Hours 8-12/Saturdays) ..................... $175,00 Inspector Overtime (Hours 12+/Sundays)......................... $205,00 Administrative Staff OperationsSpecialist........................................................... $90.OD Administrative Assistant II ................................................... $80.OD Administrative Assistant I .................................................... $71.00 Other Direct Expenses Vehicle Mileage ................................................ $0.70/Mile Subconsultant................................................... Cost +20% Reimbursable Expenses/Charges ..................... Cost+ 15% Forensic Analysis ................................. Standard Rate X 2 Expert Witness .................................... Standard Rate X 3 NOTE: All rates hereon are subject to automatic increase upon July 1st of each year. Rates will be adjusted by the percent Increase in California Consumer Price Index -All Urban Consumers for the twelve-month period ending February as calculated by the California Department of Industrial Relations (CADIR) California Consumer Price Index Calculator. Prevailing Wage Rates are dictated by the CADIR. All classifications which are subject to Prevailing Wages will be adjusted when revised determinations are published by the CADIR. Unless otherwise established by contractual agreement, payment is due and payable upon receipt. Payment is considered delinquent if not paid within 30 days of invoice date. If payment is not completed within agreed terms, Client agrees to pay a service charge on the amount past due at the rate of 1.5% per month (18% per annum). January 1, 2022 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND SB&O, INC. ENGINEERING, SURVEY, AND ENVIRONMENTAL SERVICES THIS FIRST AMENDMENT is made and entered into as of April 26, 2022 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and SB&O, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On July 23, 2019, the City and Consultant entered into that certain Agreement entitled "Agreement for Engineering, Survey, and Environmental Services, in the amount of $200,000.00 each fiscal year, for a total Agreement amount of $1,000,000.00. The parties now desire to amend the Agreement as set forth in this Amendment. 2. Section 6 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00) for the total term of this agreement, unless additional payment is approved as provided in this agreement. 3. The "Fee Schedule — November 2021" as set forth in Exhibit B of the Agreement shall be amended to include the revised "Fee Schedule — November 2021 ", as more fully described in Attachment 1", attached to this First Amendment and incorporated herein by reference. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Matt Rahn, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: _ Peter M. Thorson, City Attorney SB&O, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: �. Don Brooks, P.E., President 1 By: �v Daniel O'Rourke, Vice President CONSULTANT SB&O Inc. Attn: Daniel O'Rourke Vice President 41689 Enterprise Circle North Suite 126 Temecula CA 92590 ^(951) 695-8900 951 695-8901 fax danoCdsboinc.com City Purchasing Mgr. Initials a Date: 08/09/2021 V BB&OZ PLANNING ENGINEEHING SLJRVEYING FEE SCHEDULE - November 2021 Hourly Rates Expert Witness (Depo/Court Appearance) .......... $360.00/hr Professional Consultation .................................... $250.00/hr Principal............................................................... $240.00/hr Project Manager ................................................... $208.00/hr Project Engineer .................................................. $174.00/hr Assistant Project Engineer ................................... $160.00/hr Design Engineer .................................................. $144.00/hr Staff Engineer...................................................... $130.00/hr Senior Designer ................................................... $138.00/hr Senior Design Drafter .......................................... $132.00/hr Design Drafter ..................................................... $122.00/hr Drafter.................................................................. $108.00/hr Delineator.............................................................. $88.00/hr Associate Planner ................................................ $124.00/hr Senior Land Surveyor .......................................... $204.00/hr Survey Supervisor ................................................ $172.00/hr Assistant Land Surveyor ...................................... $160.00/hr 1-Man Survey Crew ............................................. $204.00/hr 2-Man Survey Crew ............................................. $300.00/hr 3-Man Survey Crew ............................................. $424.00/hr 2-Man Survey Crew (Overtime) .......................... $404.00/hr 1-Man Survey Crew (Double time) ..................... $300.00/hr 2-Man Survey Crew (Double time) ..................... $500.00/hr 1-Man Survey Crew(GPS).................................. $244.00/hr 2-Man Survey Crew(GPS).................................. $340.00/hr Computer Technician/Survey Notes ......................... $140.00/hr Project Coordinator .............................................. $136.00/hr Contract Coordinator ................................................ $108.00/hr Administrative Technician..........................................$88.00/hr Delivery Service .................................................... $56.00/hr QSD $195.00/hr QSP........................................................................... $114.00/hr Storm Water Sampling Sample Collection $111.00/sample Sample Testing .................................................. $111.00/test Laboratory Testing ...............................................Cost+15% Attachment "1" In-house Reimbursables Charges Copying/Printing Copies/Prints, 81/2" X I I" ...................... $0.15/page Copies/Prints, 11" X 17" ................... $0.25/page Copies/Prints, 81/2" X 11 ", Color ........... $0.75/page Copies/Prints, I I" X 17", Color ............ $1.20/page Slip Sheets (Color) ................................ $0.10/page Printing - Drawings/Plans Bond: .......................................................... $0.25/sf Mylar:......................................................... $4.50/sf Plotting Bond........................................................... $1.80/sf Mylar.......................................................... $3.90/sf Bond, Color ................................................ $3.30/sf High Gloss, Color ....................................... $6.60/sf Technical Reports .5" Binder ................................................... $4.25/ea 1" Binder .................................................... $4.25/ea 1.5" Binder ................................................. $6.40/ea 2" Binder .................................................... $8.00/ea 3" Binder .................................................... $9.00/ea 4" Binder .................................................. $22.70/ea 5-Tab Label Dividers ................................. $6.25/ea 8-Tab Label Dividers ................................. $8.05/ea Comb Binding w/covers ............................ $4.70/ea Map Pockets .............................................. $0.30/ea Scanning ..................................................... $1.65/sf CD: ....................................................... $18.00/each Fax (10 page minimum) :....................... $1.20/page Mileage Reimbursement .......................$0.575/mile Travel/Per Diem................................$150.00/night Notary Services ............................ $15.00/signature EFT & Third Party EFT Fees/Charges .............Cost Outside Reimbursable Charges .............. Cost+10% In the event of any increase of costs due to the granting of wage increases and/or other employee benefits due to the terms of any new labor agreement during the lifetime of this agreement, such increases shall be adjusted to all fees. Client hereby agrees that the balance as stated on the invoice from Engineer to Client is correct, conclusive, binding on the Client, and due within 30 days from date of invoice, unless Client, within 10 days from the date of the invoice, notifies Engineer in writing of the particular item that is alleged to be incorrect. Client hereby agrees that costs for subsequent requests of billing and/or exhibit copies will be borne by Client, and billed on a time and materials basis (T&M) under Client reimbursable job number specified in Contract. Time is of the essence regarding the provisions of this paragraph. NOTE: Under the terms and conditions of this contract, a late payment FINANCE CHARGE will be computed at the periodic rate of 1.00% per month, which is an ANNUAL PERCENTAGE RATE of 12% and will be applied to any unpaid balance commencing 30 days after the date on which payment of the balance, pursuant to this contract, is required to be made. SB&O Initials: Client Initials: WXontract InfoTee Schedule\541-2111 Exh A Logo.docx Revised: 11/5/2021 Compensation and Fee Schedule HELIX ENVIRONMENTAL PLANNING, INC. HELIX nning Staff Title Billing Rate ($) HELIX ENVIRONMENTAL PLANNING CEQA/NEPA Compliance/Air Qua lity/Noise/GHG/Other Technical Specialties Principal Environmental Planner 250 Sr. Project Manager/Sr. Specialist IV 220 Sr. Project Manager/Sr. Specialist III 210 Sr. Project Manager/Sr. Specialist II 185 Sr. Project Manager/Sr. Specialist 1 175 Project Manager/Specialist III 160 Project Manager/Specialist II 150 Project Manager/Specialist 1 140 Environmental Planner III 125 Environmental Planner II 120 Environmental Planner 1 105 Biological Resources Studies/Habitat Management/Permitting Principal Biologist/Principal Regulatory Specialist 250 Sr. Biology Project Manager/Sr. Regulatory Specialist III 215 Sr. Biology Project Manager/Sr. Regulatory Specialist II 205 Sr. Biology Project Manager/Sr. Regulatory Specialist 1 195 Sr. Scientist III 185 Sr. Scientist II 175 Sr. Scientist 1 160 Biology Project Manager III 190 Biology Project Manager II 170 Biology Project Manager 1 150 Operations Manager 140 Biologist V 145 Biologist IV 140 Biologist III 130 Biologist II 115 Biologist 1 100 Cultural Resources Management Principal Cultural Resources Specialist 185 Senior Cultural Resources Project Manager 180 Cultural Resources Project Manager II 145 Cultural Resources Project Manager 1 135 Assistant Cultural Resources Project Manager 125 Senior Architectural Historian 155 Architectural Historian 140 Senior Archaeologist II 160 Page 1 Compensation and Fee Schedule HELIX ENVIRONMENTAL PLANNING, INC. HELIX nning Staff Title Billing Rate ($) Senior Archaeologist I 125 Field Director 120 Staff Archaeologist III 110 Staff Archaeologist II 95 Staff Archaeologist 1 85 Support Services for All HELIX Studies Sr. GIS Specialist III 180 Sr. GIS Specialist II 155 Sr. GIS Specialist 1 150 Senior Graphics Specialist 120 GIS Specialist III 120 GIS Specialist II 110 GIS Specialist 1 100 Technical Editor 115 Word Processor 90 Clerical 70 Page 2 Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 26, 2022 SUBJECT: Approve First Amendment to the Non -Exclusive Commodity Agreement for the Purchase of Overhead Street Name Signs with Main Street Signs PREPARED BY: Julie Tarrant, Principal Management Analyst Stacey Biddle, Management Assistant RECOMMENDATION: That the City Council approve the First Amendment to the Non - Exclusive Commodity Agreement with Main Street Signs, for the purchase of Overhead Street Name Signs, in the amount of $129,602.81. BACKGROUND: On March 24, 2020, City Council approved an agreement with Main Street Signs for the purchase of overhead street name signs with Main Street Signs in the amount of $144,517.88. This project includes the conversion of existing internally illuminated street name signs (IISNS) from fluorescent tubes to a reflective non -illuminated street name sign, including sign brackets and removal of electrical service wiring. The Overhead Street Name Sign Replacement Program — Citywide is in the current Capital Improvement Program for FY2022-2026, and is funded with Measure S. To date, we have converted nearly half of the intersections within the city. The First Amendment will extend the term of the agreement to June 30, 2022, increase payment in the amount of $129,602.81, for a total agreement of $274,120.69, and allow for the purchase of additional street name signs and brackets to complete the Overhead Street Name Sign Replacement Program — Citywide project. FISCAL IMPACT: Adequate funds are available in the Overhead Street Name Sign Replacement Program — Citywide, as identified in the Capital Improvement Program Fiscal Years 2020-2024, funded with Measure S. ATTACHMENTS: First Amendment - Main Street Signs FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND MAIN STREET SIGNS OVERHEAD STREET NAME SIGN REPLACEMENT PROGRAM — CITYWIDE (CONTRACT NO. 20-055) THIS FIRST AMENDMENT is made and entered into as of April 26, 2022 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Main Street Signs, a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On March 24, 2020, the City and Contractor entered into that certain Agreement entitled "Agreement for Overhead Street Name Sign Replacement," in the amount of $144,517.88. b. The parties now desire to extend the term of the agreement to June 30, 2022, increase the payment in the amount of $129,602.81, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2022 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PURCHASE PRICE" is hereby amended to read as follows: The City agrees to pay Vendor for merchandise ordered and received in accordance with the payment rates and schedules and terms set forth in Exhibit B, Description and Price List of Merchandise attached hereto and incorporated herein by this reference as though set forth in full, based upon actual purchases. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed a total Agreement amount of Two Hundred Seventy -Four Thousand, One Hundred Twenty Dollars and Sixty -Nine Cents ($274,120.69), for the total term, unless additional payment is approved as provided in this agreement. Vendor will submit invoices monthly for actual merchandise ordered and received. Invoices shall be submitted between the first and fifteenth day of each month for merchandise delivered and accepted. Payment will be made within thirty (30) business days following receipt of invoice as to all non -disputed fees. The not to exceed purchase amount listed herein is an estimated expenditure and this Agreement does not guarantee Vendor this amount in purchases 4. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 08/09/2021 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Matt Rhan, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney MAIN STREET SIGNS (Two signatures of corporate officers required unless corporate documents a Whorize only one person to sign the agreement on behalf of the corporation.) By: J �- Chuck Atha, President t Charles Atha, Vice President CONTRACTOR MAIN STREET SIGNS Contact Person: Chuck Atha 1211 W. Brooks St., Suite A Ontario, CA 91762 (909) 391-0988 charley rnainstreetsi ns.net City Purchasing Mgr. Initl Is and f Date jf Z 08/09/2021 ATTACHMENT A EXHIBIT B PAYMENT RATES AND SCHEDULE Cost shall be as per Vendor price listing attached hereto and incorporated herein as though set forth in full. ITEM CODE ❑ESCRIPTION MATERIAL PRICE EACH MAST ARM MAST ARM SNS - 96" X 18" AVERY DG 525.00 WELDED INTERNAL FRAME * DOU13LE SIDED * INCLUDES fVW BRACKETS Total price for 227 Mast Arms is $119,175.00 plus $10,427.81 for sales tax. 08/09/2021 Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 26, 2022 SUBJECT: Approve First Amendment to the Minor Maintenance Agreement with Mariposa Tree Management, Inc., for Citywide Tree Trimming Maintenance Services PREPARED BY: Julie Tarrant, Principal Management Analyst Stacey Biddle, Management Assistant RECOMMENDATION: That the City Council approve the First Amendment to the Minor Maintenance Agreement with Mariposa Tree Management, Inc., for citywide tree trimming maintenance services, in the amount of $900,000. BACKGROUND: On November 9, 2021, City Council approved an annual agreement with Mariposa Tree Management, Inc. for citywide tree trimming maintenance services in the amount of $500,000. The First Amendment will extend the term of the contract to June 30, 2023, and increase payment in the amount of $900,000, for a total agreement of $1,400,000. Mariposa Tree management, Inc. has performed these services during the current fiscal year and has shown they are capable and responsive to the needs of the city to provide a variety of tree trimming maintenance services and continue to maintain an efficient and economical means of completing the work. FISCAL IMPACT: Adequate funds are available in the current Annual Operating Budget for Fiscal Year 2021-22 and will be available upon City Council approval of the Annual Operating Budget for Fiscal Year 2022-23. ATTACHMENTS: First Amendment - Mariposa Tree Management, Inc. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND MARIPOSA TREE MANAGEMENT, INC. CITYWIDE TREE TRIMMING MAINTENANCE SERVICES THIS FIRST AMENDMENT is made and entered into as of April 26, 2022 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Mariposa Tree Management, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On November 9, 2021, the City and Contractor entered into that certain Agreement entitled "Agreement for Citywide Tree Trimming Maintenance Services," in the amount of $500,000. b. The parties now desire to extend the term of the agreement to June 30. 2023, increase the payment in the amount of $900,000, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2023 unless sooner terminated pursuant to the provisions of this Agreement. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed a total Agreement amount of One Million, Four Hundred Thousand Dollars ($1,400,000), for the total term, unless additional payment is approved as provided in this agreement. 08/09/2021 4. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Matt Rahn, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney MARIPOSA TREE MANAGEMENT, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: 1 I LJ Terry Noriega, President 14 By: - - Dennis Jones, `Secretary & Vice President of Ope tions CONTRACTOR Mariposa Tree Management, Inc. Attn: Brandon Williamson 6232 Santos Diaz Street Irwindale, CA 91702 Ph. 626-960-0196 Bra ndon.wilIiamson apmariposa-ca.com City Purchasing Mgr. Initial a d 1 Date- _�/ M/ 08i09/2021 ATTACHMENT A EXHIBIT B ITEM NO. DESCRIPTIOI1 UOM FEE I PRICE TREE TRIMMING 1. Street Tree Trimming (Clearance Trim) Each $62.99 2 Street Tree Aesthetic Trimming Each $73.85 3. Park 1 Slope Tree Aesthetic Trimming (Aerial Unit) Each $'10 100 4 Park / Slope Tree Aesthetic Trimming (Climbing) Each $25521 5. Palm Tree Trimming Each $73.85 6. Complete Tree and Stump Removal Diameter Inch $42.35 7 Complete Tree Removal Only Diameter Inch $31.49 8 Stump Removal Only Diameter Inch $17.38 9, Root Pruning with Root Barrier (10 feet length x 18 inches depth — deep root or equivalent) Each $179.19 '10 Root Pruning without Root Barrier Each $211 77 TREE PLANTING 11. 15 Gallon with Root Barrier Each $195.48 12 '15 Gallon without Root Barrier Each $173.76 13 24 Inch Box with Root Barrier Each $407 25 '14. 24 Inch Box without Root Barrier Each $385.53 15. Tree Watering Per Day $76020 16 Crew Rental (3 men, aerial unit, dump truck and chipper) Per Hour $283 45 '17. Crew Rental (2 men, aerial unit, dump truck and chipper) Per Hour $188.96 I8 Crew Rental (1 man) Per Hour $94 48 '19 Emergency Work Call -Out (3 men, including all necessary equipment, disposal fees, and zero material mark-up Per Hour $348.61 20. Tree Inventory Data Collection Including GPS Data and Documentation of Tree Each f$3.26 08/09/2021 Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 26, 2022 SUBJECT: Approve Resolution Rescinding Resolution No. 2021-69, a Resolution of Necessity for the Acquisition by Eminent Domain of Interests in Billboards Identified as Sign Number 33321 and Sign Number 33322 Located on Portions of the Real Properties Identified as Assessor's Parcel Numbers 910-060-002 and 910-060-004 in Connection with the I-15/French Valley Parkway Improvements — Phase II, PW16-01 PREPARED BY: Amer Attar, Engineering Manager Kendra Hannah-Meistrell, Senior Civil Engineer Paula Gutierrez Baeza, City Attorney's Office RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RESCINDING RESOLUTION NO. 2021-69, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS — PHASE II (CERTAIN REAL PROPERTY INTERESTS IN CONNECTION WITH OUTDOOR ADVERTISING STRUCTURES/BILLBOARDS IDENTIFIED AS SIGN NUMBER 33321 AND SIGN NUMBER 33322, LOCATED ON PORTIONS OF THE REAL PROPERTIES IDENTIFIED AS APNS 910-060-002 & 910-060-004) BACKGROUND: The City of Temecula (City), in cooperation with the California Department of Transportation (Caltrans), seeks to construct the I-15/French Valley Parkway Improvements - Phase II (Phase II) to alleviate traffic congestion and improve operational efficiency within the limits of the I-15/French Valley Parkway Improvements Project. As partof Phase II, the City proposes to construct a two-lane northbound collector/distributor system along I-15 from the Winchester Road/I-15 interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to I-15 and I-215. The Phase II project requires the acquisition of privately -owned lands to accommodate the proposed public improvements. Phase II requires the acquisition of several property interests, including the acquisition of certain property interests consisting of the interests of Lamar Central Outdoor, Inc. ("Lamar") in and to the outdoor advertising structures/billboards identified as Sign Number 33321 and Sign Number 33322, leasehold interests in connection with Sign Number 33321 and Sign Number 33322, easement interests, if any, in connection with the use of the portions of the real property identified as Riverside County Tax Assessor's Parcel Numbers ("APNs") 910-060-002 and 910-060-004 on which Sign Number 33321 and Sign Number 33322 are located, and goodwill relating to said outdoor advertising structures/billboards located on portions of the real properties identified as APNs 910-060-002 and 910-060-004 that are impacted by Phase II (collectively "Subject Property Interests") for public use, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and public utilities in connection with the City's proposed construction of Phase II. Pursuant to Government Code Section 7260, et seq., the City obtained fair market value appraisals for the Subject Property Interests and on August 10, 2021 set just compensation for the Subject Property Interests at the fair market value as determined by the City's independent appraisers. The City Council also authorized the Director of Public Works/City Engineer to make offers and negotiate the acquisition of the Subject Property Interests. Pursuant to Government Code Section 7267.2, the City extended to Lamar a written offer dated October 22, 2021. The offer was based on the independent fair market value appraisals prepared on behalf of the City that assumed that it was not feasible for Lamar to relocate the Subject Signs. The parties negotiated in good faith, but had not reached an Agreement, as of December 14, 2021, regarding the impact of the acquisition of the Property Interests and Phase II on the Subject Signs. On December 14, 2021, the City Council of the City of Temecula adopted Resolution No. 2021- 69, a Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the I-15/French Valley Parkway Improvements — Phase II (Certain Real Property Interests in Connection with Outdoor Advertising Structures/Billboards Identified as Sign Number 33321 and Sign Number 33322 Located on Portions of the Real Properties Identified as APNs 910-060-002 & 910-060-004). On January 6, 2022, the City filed a Complaint in Eminent Domain as Riverside County Superior Court Case No. CVSW2200256 to condemn the interests of Lamar in and to Sign Number 33321 and Sign Number 33322 ("eminent domain proceeding"). The parties resumed their negotiations after the City commenced the eminent domain proceeding, and reached an agreement regarding the Subject Property Interests pursuant to the Settlement, Dismantle Costs, and Loss of Advertising Rent Agreement Between the City of Temecula and Lamar Central Outdoor, LLC in Connection with the I-15/French Valley Parkway Improvements — Phase II, which was approved by the City Council on February 22, 2022 pursuant to Resolution No. 2022-17. The City filed a dismissal of the eminent domain proceeding. In accordance with the terms of said Agreement, it is necessary for the City Council to rescind Resolution No. 2021-69. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution 2. Resolution No. 2021-69 3. Project Description 4. Project Location RESOLUTION NO.2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RESCINDING RESOLUTION NO. 2021-69, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS — PHASE II (CERTAIN REAL PROPERTY INTERESTS IN CONNECTION WITH OUTDOOR ADVERTISING STRUCTURES/BILLBOARDS IDENTIFIED AS SIGN NUMBER 33321 AND SIGN NUMBER 33322, LOCATED ON PORTIONS OF THE REAL PROPERTIES IDENTIFIED AS APNS 910-060-002 & 910-060-004) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. B. The City, in cooperation with the California Department of Transportation ("Caltrans"), seeks to construct the I-15/French Valley Parkway Improvements — Phase II ("Phase II") to improve traffic congestion and improve safety and operational efficiency within the limits of the French Valley Parkway Improvements Project ("Project"). The City completed Phase I of the Project, which was designed to provide interim relief by widening the existing southbound off -ramp at Winchester Road, construction of the southbound off -ramp at the French Valley Parkway and construction of the westbound portion of French Valley Parkway between the new off -ramp and Jefferson Avenue. As part of Phase II, the City proposes to construct a two-lane northbound collector/distributor system along I-15 from the Winchester Road/I-15 interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to the I-15 and I-215. These improvements seek to alleviate congestion on I-15 at the I-215 junction where weaving occurs as drivers choose between the I-15 and I-215 at the same time as they merge from Winchester Road onto the I-15, and to improve circulation along these routes. Pursuant to Cooperative Agreement 08-1667 between the City and the State of California by and through Caltrans ("Caltrans Cooperative Agreement"), the City is the implementing agency for right of way and is responsible for acquisition of the real property interests needed for Phase II. Caltrans is the lead agency under the National Environmental Policy Act of 1969 ("NEPA") and the California Environmental Quality Act ("CEQA"). C. Phase II requires the acquisition of several property interests, including the acquisition of certain property interests consisting of the interests of Lamar Central Outdoor, Inc. ("Lamar") in and to the outdoor advertising structuresibillboards identified as Sign Number 33321 and Sign Number 33322, leasehold interests in connection with Sign Number 33321 and Sign Number 33322, easement interests, if any, in connection with the use of the portions of the real property identified as Riverside County Tax Assessor's Parcel Numbers ("APNs") 910-060- 002 and 910-060-004 on which Sign Number 33321 and Sign Number 33322 are located, and goodwill relating to said outdoor advertising structures/billboards located on portions of the real properties identified as APNs 910-060-002 and 910-060-004 that are impacted by Phase II (collectively "Subject Property Interests") for public use, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retaining walls, drainage, and public utilities in connection with the City's proposed construction of Phase II. D. Pursuant to Government Code Section 7260, et seq., the City obtained fair market value appraisals for the Subject Property Interests and set just compensation for the Subject Property Interests at the fair market value as determined by the City's independent appraisers. On October 22, 2021, the City extended a written offer pursuant to Government Code Section 7267.2 to Lamar. The offer was based on the independent fair market value appraisals prepared on behalf of the City that assumed that it was not feasible for Lamar to relocate the Subject Signs. The parties negotiated in good faith, but had not reached an Agreement, as of December 14, 2021, regarding the impact of the acquisition of the Property Interests and Phase II on the Subject Signs. E. On December 14, 2021, the City Council of the City of Temecula adopted Resolution No. 2021-69, a Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the I-15/French Valley Parkway Improvements — Phase II (Certain Real Property Interests in Connection with Outdoor Advertising Structures/Billboards Identified as Sign Number 33321 and Sign Number 33322 Located on Portions of the Real Properties Identified as APNs 910-060-002 & 910-060-004). F. On January 6, 2022, the City filed a Complaint in Eminent Domain as Riverside County Superior Court Case No. CVSW2200256 to condemn the interests of Lamar in and to Sign Number 33321 and Sign Number 33322 ("eminent domain proceeding"). G. The parties resumed their negotiations after the City commenced the eminent domain proceeding, and reached an agreement regarding the Subject Property Interests pursuant to the Settlement, Dismantle Costs, and Loss of Advertising Rent Agreement Between City of Temecula and Lamar Central Outdoor, LLC in Connection with the I-15/French Valley Parkway Improvements — Phase II, which was approved by the City Council on February 22, 2022 pursuant to Resolution No. 2022-17. H. The City filed a dismissal of the eminent domain proceeding. In accordance with the terms of said Agreement, it is necessary for the City Council to rescind Resolution No. 2021-69. I. The City is authorized to rescind Resolution No. 2021-69 pursuant to Code of Civil Procedure 1245.260(c), and other provisions of law. N Section 2. Adoption of Resolution Rescinding Resolution No. 2021-69. The City Council of the City of Temecula adopts Resolution No. 2022- , a Resolution of the City Council of the City of Temecula Rescinding Resolution No. 2021-69, A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the 1-15/French Valley Parkway Improvements — Phase II (Certain Real Property Interests in Connection with Outdoor Advertising Structures/Billboards Identified as Sign Number 33321 and Sign Number 33322 Located on Portions of the Real Properties Identified as APNs 910-060-002 & 910-060-004). Section 3. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 26th day of April, 2022. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26th day of April, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO.2021-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS — PHASE II (CERTAIN REAL PROPERTY INTERESTS IN CONNECTION WITH OUTDOOR ADVERTISING STRUCTURES/BILLBOARDS IDENTIFIED AS SIGN NUMBER 33321 AND SIGN NUMBER 33322, LOCATED ON PORTIONS OF THE REAL PROPERTIES IDENTIFIED AS APNS 910-060-002 & 910-060-004) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. B. The City, in cooperation with the California Department of Transportation ("Caltrans"), seeks to construct the I-15/French Valley Parkway Improvements — Phase II ("Phase II") to improve traffic congestion and improve safety and operational efficiency within the limits of the French Valley Parkway Improvements Project ("Project"). The City completed Phase I of the Project, which was designed to provide interim relief by widening the existing southbound off - ramp at Winchester Road, construction of the southbound off -ramp at the French Valley Parkway and construction of the westbound portion of French Valley Parkway between the new off -ramp and Jefferson Avenue. As part of Phase II, the City proposes to construct a two-lane northbound collector/distributor system along I-15 from the Winchester Road/I-15 interchange northerly on - ramps to just north of the I-15/I-215 junction with connectors to I-15 and I-215. These improvements seek to alleviate congestion on the I-15 at the I-215 junction where weaving occurs as drivers choose between the I-15 and I-215 at the same time as they merge from Winchester Road onto I-15 and to improve circulation along these routes. Pursuant to Cooperative Agreement 08-1667 between the City and the State of California by and through Caltrans ("Caltrans Cooperative Agreement"), the City is the implementing agency for right of way and is responsible for acquisition of the real property interests needed for Phase II. Caltrans is the lead agency under the National Environmental Policy Act of 1969 ("NEPA") and the California Environmental Quality Act ("CEQA"). C. Phase II is consistent with the Circulation Element of the General Plan, which recognizes that "[e]nsuring adequate regional circulation for residents and businesses will require coordination with regional and State transportation planning efforts." (Circulation Element, C-23). Phase II furthers Goal 2 of the Circulation Elements, which seeks to create a "regional transportation system that accommodates the safe and efficient movement of people and I hereby certify, under the penalty of perjury, that the above and foregoing is a true and correct copy of an I original on deposit within the records Qf the City of Temecula, this day o1`'� RANDI OHL-OLSON, JD, MMC, CITY CLINK a goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the Circulation Element because it includes the construction of interchange improvements and regional arterial improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, and other entities, and improvements to current freeway interchanges within the City to achieve performance standards. D. Phase II also requires the cooperation of the City of Murrieta ("Murrieta"). The City and Murrieta entered into that certain Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/I-15 Improvements Project — Phase II, which was executed by the City of Temecula on May 13, 2021 and by the City of Murrieta on July 28, 2021 ("Temecula-Murrieta Cooperative Agreement"). At its meeting of May 11, 2021, the City adopted Resolution No. 2021-26, A Resolution of the City Council of the City of Temecula Approving that Certain Agreement Entitled Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/I-15 Improvements Project — Phase II. Pursuant to the Temecula-Murrieta Cooperative Agreement, the City and Murrieta recognized that Phase II is an interchange of regional significance for Western Riverside County with TUMF funding allocated for a significant portion of it. Phase II received an unprecedented $50 million grant from the Federal Government through the Infrastructure for Rebuilding America grant program administered by the United States Department of Transportation. The grant was supported by local Members of Congress as well as the U.S. Department of Defense and Marine Corps. based on the need to maintain the free flow of traffic to Camp Pendleton and Navy facilities in San Diego County, thus making it a national security improvement. The letter to the U.S. Department of Transportation dated February 26, 2019 from the U.S. Department of Defense, United States Marine Corps. Camp Pendleton, summarized the benefits of Phase II on the lives of service members, including a reduction of transit times of military operational units movement on I-15; reduction of transit times on the federal workforce, and improvement in the quality of life of military service members and their families resulting from the improved circulation. E. Pursuant to the Temecula-Murrieta Cooperative Agreement, the City and Murrieta set forth their agreement to cooperate on right-of-way issues in connection with Phase II. They recognized that public agencies may jointly exercise any power common to them pursuant to Government Code Section 6502 and Code of Civil Procedure Section 1240.140(b). Government Code Section 6502 provides that "[i]f authorized by their legislative or governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties". California Code of Civil Procedure Section 1240.140(b) provides that "[t]wo or more public agencies may enter into an agreement for the joint exercise of their respective powers of eminent domain, whether or not possessed in common, for the acquisition of property as a single parcel." The City and Murrieta also agreed and acknowledged that each City may exercise the power of eminent domain to acquire real property for a public use if each City meets all legal requirements, including the payment of just compensation to the owner or into the court for the benefit of the owner. (California Constitution, art. I, sec. 19). The acquisition of private property for public street/highway purposes, and all uses necessary or convenient thereto in connection with the proposed construction of Phase II is a public use, and is authorized by Section 19 of Article 1 of the California Constitution, California Government Code Sections 6502, 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020, 1240.050, 1240.110, I hereby certify, under the penalty of perjury, that the above and foregoing is a true and correct copy of an 2 original on deposit.within the records f the City of Temecula, this�day ut��,2a� RAN[]I HI.0I_SON, JD, MMC, CITY CLERK Vy. 1240.120, 1240.140, 1240.510, 1240.610, 1240.650, and other provisions of law. Further, the City and Murrieta agreed that a joint approach is beneficial to the timely delivery of Phase I1, and agreed to cooperate and coordinate their efforts to the extent practicable in connection with the acquisition of the necessary right of way for Phase II. They further agreed that pursuant to Government Code Section 6502 and Code of Civil Procedure Section 1240.140(b), the parties may jointly exercise any power common to them. Both Temecula and Murrieta are authorized to acquire real property interests by eminent domain for public street/highway purposes. Temecula is the Implementing Agency for right-of-way acquisition pursuant to the Caltrans Cooperative Agreement. Murrieta consented to the City's acquisition of property interests located within the boundaries of Murrieta, including the City's acquisition by eminent domain, if necessary, of property interests needed for Phase 11. The City agreed that it would acquire any necessary property interests for Phase II in accordance with Government Code Section 7260 et seq., and the Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq., and other provisions of law. The City and Murrieta further agreed that the acquisition of the necessary real property interests required for Phase 11 is a matter of urgency of extreme expediency or necessity and manifestly desirable to alleviate congestion and improve traffic circulation in Southwest Riverside County. Pursuant to the Temecula-Murrieta Cooperative agreement, Murrieta also consented to the City's conveyance of any portions of the necessary real property interests required for Phase II to Caltrans in accordance with the terms of the Caltrans Cooperative Agreement. F. Phase II requires the acquisition of the certain property interests consisting of the interests of Lamar Central Outdoor, Inc. ("Lamar") in and to the outdoor advertising structures/billboards identified as Sign Number 33321 and Sign Number 33322, leasehold interests in connection with Sign Number 33321 and Sign Number 33322, easement interests, if any, in connection with the use of the portions of APNs 910-060-002 and 910-060-004 on which Sign Number 33321 and Sign Number 33322 are located, and goodwill relating to said outdoor advertising structures/billboards located on portions of the real properties identified as APNs 910- 060-002 and 910-060-004 that are impacted by Phase II (collectively "Subject Property Interests"), and are described more particularly below in Section 4. The City seeks to acquire the Subject Property Interests for public use, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase Il. Section 2. Adoption of Resolution of Necessity. The City Council of the City of Temecula adopts Resolution No. 2021-69, A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the I-15/French Valley Parkway Improvements — Phase II (Certain Real Property Interests in connection with Outdoor Advertising Structures/Billboards Identified as Sign Number 33321 and Sign 33322, Located on Portions of the Real Properties Identified as APNs 910-060-002 & 910-060-004). Section 3. Authorization for AC uisition of Real Property Interests by Eminent Domain. The City seeks to acquire by eminent domain the Subject Property Interests described more particularly below in Section 4 of this Resolution for public use, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II pursuant to the authority conferred upon the City of Temecula to acquire property by eminent domain by I hereby certify, under the penalty of perjury, that the above and foregoing is a true and correct copy of an 3 original on deposit ,thin the r .cords the City of m Teecula, this thin of 2fl RANDI JO L50N, JD, MMC, CITY CLERK Sy: Section 19 of Article 1 of the California Constitution, California Government Code Sections 6502, 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020 1240.050, 1240.110, 1240.120, 1240.140, 1240.510, 1240.610, 1240.650, and other provisions of law. Section 4. Sub-ect Property Interests. The City seeks to acquire certain real property interests of Lamar consisting of the interests of Lamar in and to the outdoor advertising structures/billboards identified as Sign Number 33321 and Sign Number 33322, depicted on the Exhibit "A" attached hereto and into orated by this reference leasehold interests in connection with Sign Number 33321 and Sign Number 33322, easement interests, if any, in connection with the use of the portions of APNs 910-060-002 and 910-060-004 on which Sign Number 33321 and Sign Number 33322 are located, and goodwill relating to said outdoor advertising structuresibillboards located on portions of the real properties identified as APNs 910-060-002 and 910-060-004. Section 5. Environmental Review. The environmental effects of the French Valley Parkway/Interstate-15 Over -Crossing and Interchange Improvements Project (PW02-11 and PW07-04) ("Project") and the acquisition of the real property interests needed for the Project were studied and analyzed as an integral part of the Mitigated Negative Declaration for the Project (MND) adopted by the City on February 23, 2010 pursuant to Resolution No. 10-14, A Resolution of the City of Temecula Adopting a Mitigated Negative Declaration for the French Valley Parkway/Interstate-15 Over -Crossing and Interchange Improvements Project (PW02-11 and PW07-04) and Approving the Project. At that time, the City was the lead agency under the CEQA for the Project. Caltrans was the lead agency under NEPA for the Project. Together, the City and Caltrans completed an Initial Study [with Mitigated Negative Declaration]/Environmental Assessment with Finding of No Significant Impact (IS/EA), a joint CEQA/NEPA document for the Project. Caltrans signed and approved the Finding of No Significant Impact (FONSI) on January 29, 2010. In adopting Resolution No. 10-14 approving the MND and the Project, the City Council found that the Project would accomplish the following objectives: (1) reduce current and projected traffic congestion on the ramps and freeway mainline in the project area; (2) improve safety and operations between Winchester Road and the 1-15/I-215 junction; (3) provide alternative vehicular access to I-15 that will also provide operational improvements to the I-15/Winchester Road interchange; and (4) provide improvements to accommodate projected growth and to facilitate local circulation consistent with the General Plans of the Cities of Temecula and Murrieta. In adopting the MND, the City Council found that (1) the MND was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment that cannot be adequately and feasibly mitigated; and (3) the MND reflects the independent judgment and analysis of the City Council. The City duly filed the Notice of Determination in accordance with applicable law. Pursuant to the Caltrans Cooperative Agreement, Caltrans is the lead agency under both NEPA and CEQA for Phase II. The environmental effects of Phase II and the acquisition of the real property interests needed for Phase II were studied and analyzed as an integral part of the MND for the Project and the Caltrans Re -Validation in connection with Caltrans' further I haroby Mortify, under the penalty of padtiry, that the above and foregoing is a true and correct copy of an 4 grlginal on dep Bit ithin the records f the City ofmt3oulp Tel thls day of_ w RANI] HL-OL5ON, JD, MMC, CITY CLERK environmental analysis and review of the environmental documents for the Project. Caltrans completed the NEPA/CEQA Re -Validation on July 9, 2021 [DIST-CO-RTE: 08-RIV-15, 215; Project No. FTIP ID RIV031215 (RTP ID RIV 031215) (SCH 2O09041108)], which is on file with the City Public Works Department and is incorporated in this Agenda Report by this Reference ("Caltrans Re -Validation"). In the Caltrans Re -Validation, Caltrans explained that the scope of Phase II was modified to include the northbound (NB) collector/distributor connectors to I-15 and I-215, one new bridge, widening of two bridges, ten retaining walls and one sound wall, and some drainage improvements. The change in the scope of Phase II resulted in a decrease in the number of full and partial acquisitions required for Phase II and an increase in the need for temporary construction easements. Caltrans found that the original environmental document needed to be updated and further documentation was prepared in connection with NEPA. Based on the changed conditions and supporting information, Caltrans found that, with respect to the CEQA analysis, only minor technical changes or additions to the previous documents were necessary and an addendum was prepared and included with the Re -Validation Form. The Re -Validation Form noted that the Phase II improvements were previously identified and were approved as part of Phase II of the Project described in the 2010 IS/EA. It also found that Phase II itself would not result in new types of impacts over those identified in the IS/EA for the overall Project. Caltrans determined that due to the smaller scope of Phase II and the refined project engineering information, the magnitude of various impacts is reduced but generally remains the same as those addressed in the IS/EA. Caltrans also found that the acquisition of 34 parcels, including the displacement of two nonresidential uses, was anticipated with the overall Project. Of this, two full parcel acquisitions and twelve partial parcel acquisitions were initially anticipated for Phase II (as noted in the 2010 IS/EA). Based on the smaller project scope for Phase II, Caltrans found that Phase 11 would not result in any full parcel acquisitions, but would require eleven partial acquisitions, three permanent footing easements, and five temporary easements for construction of Phase II. Although there has been a reduction in the number of full and partial acquisitions required, Caltrans noted that Phase II requires the acquisition of property interests from APN 910-020-077 that were not included in the original IS/EA and from APN 910-281-001 based on the revisions to the appraisal map approved on June 3, 2021. Caltrans found that the reduction in proposed acquisitions would not result in new impacts and that no new additional mitigation measures are required. Caltrans noted that the proposed footing easements and use of City property would only affect undeveloped land and would not result in displacement of any persons or businesses. Phase II may, however, require the relocation of two outdoor advertising structures/billboards owned by Lamar and identified as Sign Number 33321 and Sign Number 33322 located on APNs 910-060-002 and 910-060-004 in the City of Murrieta, which are the subject of this Resolution of Necessity. In connection with the preparation of this Resolution of Necessity, City Staff reviewed the MND and FONSI for the Project and the Re -Validation prepared in connection with Phase II, and found that the environmental findings for the Project and Phase II are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests in connection with Phase II. Section 6. Phase 11, as planned and designed, is in the public interest and necessity and is of regional significance. Phase II, as planned and located, will construct a two-lane northbound collector/distributor (C/D) system along I-15 from the Winchester Road/I-15 Interchange northerly on -ramps to just north of the I-15/1-215 junction with connectors to I-15 and I-215. Phase II l hereby certify, under the pinaity of perjury, that the above and foregoing is a true and correct copy of an 5 original on deposit 'ithin the records r the City of 7enecula, 's clayof 2D RAND •RLSON, JD. MMC, CITY CLERK ay: received an unprecedented $50 million grant from the Federal Government through the Infrastructure for Rebuilding America grant program administered by the United States Department of Transportation. The grant was supported by local Members of Congress as well as the U.S. Department of Defense and Marine Corps. based on the need to maintain the free flow of traffic to Camp Pendleton and Navy facilities in San Diego County, thus making it a national security improvement. Phase II, as planned and designed, will alleviate congestion, and improve safety and traffic circulation by constructing the northbound collector/distributor road improvements. The City and Murrieta have recognized that the construction of the Project would benefit both communities, and that both communities have a mutual interest in the Project to improve traffic and promote safety for the general public. The improvements proposed for Phase II seek to improve traffic congestion on 1-15 at the 1-215 junction where weaving occurs as drivers choose between I-15 and I-215 at the same time as they merge from Winchester Road onto 1-15, and to improve circulation along these routes. Section 7. Phase II is consistent with the Circulation Element of the General Plan, which recognizes that "[e]nsuring adequate regional circulation for residents and businesses will require coordination with regional and State transportation planning efforts." (Circulation Element, C-23). Phase II furthers Goal 2 of the Circulation Element, which seeks to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the Circulation Element because it includes the construction of interchange and regional arterial improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, and other entities, and also includes improvements to current freeway interchanges within the City to achieve performance standards. Section 8. Phase II is planned and located in the manner that is most compatible with the greatest public good and the least private injury. Phase II is planned and designed to construct a two-lane northbound collector/distributor (C/D) system along 1-15 from the Winchester Road/1- 15 Interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to 1-15 and I-215. The construction of these improvements are of regional significance. Phase II is planned and located to minimize the impact on private parcels. The construction Phase II will not impact any buildings. It will not result in the displacement of any persons or businesses, except for the potential impacts to Lamar's interests in the two billboard/outdoor advertising structures located on APNs 910-060-002 and 910-060-004 in the City of Murrieta that are impacted by Phase II and are the subject of this Resolution of Necessity. Preliminary analysis indicates that it may not be feasible to relocate the two subject billboard/outdoor advertising structures impacted by Phase II. Section 9. The public use for which the City seeks to acquire the Subject Property Interests, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extent that Phase II will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by Phase II, the City's use of the Subject Property Interests for Phase 11 is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the I hereby certify, under the penalty of perjury, that the above and foregoing is a true and correct copy of an 6 original on deposit Within the records of the City of Temecula, thisjLA day oi_ 20 f RANDI J QLSQN, JD, MMC, CITY CLERK S uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650. Section 10. Pursuant to Government Code Section 7260 et seq., the City obtained a fair market value appraisal of the Subject Property Interests and set just compensation for the Subject Property Interests in accordance with the fair market value. On October 22, 2021, the City extended a written offer pursuant to Government Code Section 7267.2 to Lamar, the owner of the impacted outdoor advertising structures/billboards identified as Sign Number 33321 and Sign Number 33322, via certified mail and regular first-class mail. The City's offer included an informational pamphlet describing the eminent domain process and the record owner's rights under the Eminent Domain law. In accordance with Government Code Section 7267.2, the City's written offer contained a written statement of and summary of the basis for, the amount it established as just compensation. The City's offer package for the Subject Property Interests included compensation for improvements pertaining to the realty (the billboard structures) and impact to the Lamar's interests in the Subject Property Interests, including business goodwill. Further, the offer letter offered to pay the reasonable costs of Lamar, up to $5,000, of an independent appraisal of the Subject Property Interests pursuant to Code of Civil Procedure Section 1263.025. Section 11. The City provided written notice dated November 24, 2021 to the owner of record of the Subject Property Interests, Lamar, pursuant to Code of Civil Procedure Section 1245.235 of the City Council's intent to consider the adoption of a Resolution of Necessity for the acquisition of the Subject Property Interests by eminent domain. It also notified Lamar of the opportunity to appear before the City Council and raise questions about whether the public interest and necessity require Phase II; whether Phase II is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Property Interests the City seeks to acquire are necessary for Phase I1. Section 12. Based on the evidence presented at the hearing regarding the acquisition of the Subject Property Interests, consisting of the interests of Lamar in and to the outdoor advertising structures/billboards identified as Sign Number 33321 and Sign Number 33322, leasehold interests in connection with Sign Number 33321 and Sign Number 33322, easement interests, if any, in connection with the use of the portions of APNs 910-060-002 and 910-060-004 on which Sign Number 33321 and Sign Number 33322 are located, and goodwill relating to said outdoor advertising structures/billboards located on portions of the real properties identified as APNs 910- 060-002 and 910-060-004, including the Agenda Report, the documents referenced therein, and any oral or written testimony at the hearing, the City Council hereby finds and determines that: A. The public interest and necessity require Phase II; B. Phase II is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; C. The Subject Property Interests, consisting of the interests of Lamar in and to the outdoor advertising structures/billboards identified as Sign Number 33321 and Sign Number 1 hereby certify, under the penalty of perjury, that the above and foregoing is a true and correct copy of an y original on depos�thin the records o the Citybof�' Temecula, this day of _UaLLZJLRANDI L•OLSON, JD MMC, CITY CLERK 33322, leasehold interests in connection with Sign Number 33321 and Sign Number 33322, easement interests, if any, in connection with the use of the portions of APNs 910-060-002 and 910-060-004 on which Sign Number 33321 and Sign Number 33322 are located, and goodwill relating to said outdoor advertising structures/billboards located on portions of the real properties identified as APNs 910-060-002 and 910-060-004 depicted on Exhibit "A" and Exhibit "B" hereto, which are impacted by Phase II, are necessary for Phase II; and D. The City has made the offer required by Government Code Section 7267.2 to the owner of record of the Subject Property Interests the City seeks to acquire. Section 13. The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report, and all documents referenced therein, all of which are incorporated herein by this reference and testimony and/or comments, if any, submitted to the City by Lamar or Lamar's representative(s). These documents include, but are not limited to the City of Temecula General Plan, the offer letter and package sent to Lamar pursuant to Government Code Section 7267.2, the notice pursuant to Code of Civil Procedure Section 1245.235, Resolution No. 2021-26, Resolution No. 10-14, and environmental documents relating to the Project and Phase 11. Section 14. Authorization to File Eminent Domain Proceeding. The City Attorney's Office is authorized to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the Subject Property Interests in connection with Phase 11. The Subject Property Interests are depicted on Exhibit "A" and Exhibit "B" hereto. Section 15. City Manager Authority. The City Manager is authorized to execute all necessary documents in connection with the eminent domain proceeding. Section 16. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 141h day of December, 2021. AT Randi Johl, City Clerk [SEAL] r � J Maryann Edwards, Mayor hereby certify, under the penalty of perjury, that the above and foregoing is a true and correct copy of an orlginal on deposit (thin the,[ocords the City of m Teecula, this=day nt 13r,L ,2d2—il RANDI JQ • LSON, JD, MMC, CITY CLERK BY, - STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2021-69 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of December, 2021, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk hereby certify, under the penalty of perjury, that the above and foregoing is a true and correct copy of an original on meculadeposit ithin the records o the City of 9 Tern this_ &day or 20AL• RANDf J •0L50N, 3o. MMC, CITY CLERK Exhibit "A" Depiction of Subject Billboards Impacted by Phase II (Lamar Outdoor Advertising Sign No. 33321 & Sign No. 33322) SUBJECT SUBJECT hereby certify, under the penalty of perjury, that the above and foregoing is a true and correct copy of an original on deposit within the records the City of Temecula, lhi3�day RANDI JOHL•aLSON, JD, MMC, CITY CLERK Si-B,TEC.T SUB ECT I hereby Certify, under the penalty of perjury, that the above and foregoing is a true and court copy of an original on deposit within the records of the City of Temecula, thi5J�day RANDI HL•OLSON, SO, MMC, CITY CLERK Alft c7" The Heart of Southern California Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program FRENCH VALLEY PARKWAY/1-15 IMPROVEMENTS - PHASE II Circulation Project Project Description: This project includes the design and construction of the two lane northbound collector/distributer road system beginning north of the Winchester Road Interchange on -ramps and ending just north of the 1-15/1-215 junction with connectors to 1-15 and 1-215. Benefit: This project will address and improve traffic circulation in the City's northern area by providing the northbound collector/distributer road system. Core Value: Transportation Mobility and Connectivity Project Status: The environmental re-evaluation and design are estimated to be completed in Fiscal Year2021-22. Department: Public Works - Account No. 210.265.999.726 / PW16-01 Level: I Project Cost: Prior Years Actuals 2020-21 Adjusted 2021-22 Adopted Budget 2022-23 Projected 2023-24 2024-25 Projected Projected 2025-26 Projected Total Project Cost Administration 2,552,128 251,670 227,000 227,000 227,000 3,484,799 Construction 88,950,000 88,950,000 Construction Engineering 1,279 10,899,721 10,901,000 Design & Environmental 17,898,086 1,221,217 19,119,303 Land Acquisition 9,393,251 5,826,900 743,100 15,963,251 Utilities 1,993 1,993 Total Expenditures 29,846,738 107,149,508 970,100 227,000 227,000 138,420,346 Source of Funds: CFD 01-02 (Harveston) 1,005,840 1,005,840 DIF-Street Improvements 75,360 75,360 General Fund 4,236,174 4,236,174 INFRA Grant 50,000,000 50,000,000 Measure A 1,627,914 1,627,914 Measure S 454,000 3,837,485 970,100 227,000 227,000 5,715,585 Reimbursements 6,008,000 6,008,000 SAFETEA-LU 1,602,360 1,602,360 STIP-Surface Transportation 47,600,000 47,600,000 Improvement Program TUMF (CETAP/RCTC) 472,841 999,668 1,472,509 TUMF (RCTC) 2,343,000 2,343,000 TUMF (WRCOG) 11,450,112 5,283,492 16,733,604 Total Funding 27,673,241 109,323,005 970,100 227,000 227,000 138,420,346 Future Operating & Maintenance Costs: 71 Alk c7" The Heart of Southern California Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program FRENCH VALLEY PARKWAY/1-15 IMPROVEMENTS - PHASE II Circulation Project 2021-22 Prior Years 2020-21 Adopted 2022-23 2023-24 2024-25 2025-26 Total Project Project Cost: Actuals Adjusted Budget Projected Projected Projected Projected Cost Total Operating Costs Notes : 1. General Fund Includes Required Contribution match for TUMF (CETAP/RCTC) funds. 2. State Transportation Improvement Program 2014 RCTC Call for projects as approved by the Commission on November 13, 2013 ($10,000,000). 3. TUMF (RCTC)- Regional funding is pursuant to RCTC Agreement No.06-72-048-00 for a total of $7,517,000 ($5,517,000-ROW; $2,000,000-PS&E). $200,000 City Match, Phase I expended $3,174,000-ROW; $2,000,000 PS&E; $200,000 City Match. Phase II expended $2,343,000 ROW. 4. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 06-SW-TEM-1079 for a total of $11,575,000 reduced to $11,451,875 ($975,752-PA&ED; $8,801,875-PS&E; $1,674,248-ROW) for Phase I and Phase II. 5. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $4,078,000 reduced to $4,043,000 ($108,724 PA&ED;3,934,296 PS&E) for Phase I and Phase II. 6. TUMF (WRCOG) - TUMF Zone Funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $1,925,000-ROW. No expenditures for Phase I. 7. TUMF (CETAP/RCTC) - Funding is pursuant to the RCTC Agreement No.17-73-007-00 in the amount of $1,472,509 ($673,562 ROW; $798,947 DESIGN; $106,603 City Match). 72 pF TF.q£C G" French Valley Parkway/I-15 Improvements - Phase 11 Circulation Project Location 0 400 800 Feet Them a p FrenchValleyParkway_Phasell.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis 2018 Aerial Data 58 French Valley Parkway/1-15 Improvements — Phase II Lamar Central Outdoor, Inc. Billboards 1 "CD4" LINE 2 J 3 0 rl •�^��� • _ .. -. ..._,� Orr � y '�. ti f r49 a• f Item No. 12 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 26, 2022 SUBJECT: Approve Resolution Rescinding Resolution No. 2021-70, a Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests on Assessor's Parcel Numbers 910-020-077, 910-060-002, 910-060-003, 910-060- 009, & 910-060-015 in Connection with the I-15/French Valley Parkway Improvements — Phase II, PW 16-01 PREPARED BY: Amer Attar, Engineering Manager Kendra Hannah-Meistrell, Senior Civil Engineer Paula Gutierrez Baeza, City Attorney's Office RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RESCINDING RESOLUTION NO. 2021-70, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS — PHASE II (CERTAIN PROPERTY INTERESTS ON APNS 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015) BACKGROUND: The City of Temecula (City), in cooperation with the California Department of Transportation (Caltrans), seeks to construct the I-15/French Valley Parkway Improvements - Phase II (Phase II) to alleviate traffic congestion and improve operational efficiency within the limits of the I-15/French Valley Parkway Improvements Project. As partof Phase II, the City proposes to construct a two-lane northbound collector/distributor system along I-15 from the Winchester Road/I-15 interchange northerly on -ramps to just north of the I-154-215 junction with connectors to I-15 and I-215. The Phase II project requires the acquisition of privately -owned lands to accommodate the proposed public improvements. Phase II requires the acquisition of several property interests, including the acquisition in fee of an approximate 52,090 square foot portion ("Subject Fee Property") of those certain vacant real properties located on the west side of Jackson Avenue in the City of Murrieta, California, and identified as Riverside County Tax Assessor's Parcel Numbers ("APNs") 910-020-077, 910-060- 002, 910-060-003, 910-060-009, 910-060-015 ("Larger Parcel") for public use, namely public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retaining walls, drainage, and public utilities in connection with the City's proposed construction of Phase II. Larchmont Park, LLC, a California limited liability company was the record fee owners of said real property. A billboard structure is located on the property line of the parcel identified as APN 910-060-002 and will be affected by the construction of Phase II. The owners of the APN 910-060-002 received rental income from the billboard's north advertising side based on a ground lease for said billboard. Pursuant to Government Code Section 7260, et seq., the City obtained a fair market value appraisal of the approximate 52,090 square foot Subject Fee Property, the loss of ground lease rent for the affected billboard, and all interests of Larchmont Park, LLC in and to the subject billboard (collectively "Subject Property Interests") and on August 10, 2021 set just compensation for the Subject Property Interests at the fair market value as determined by the City's independent appraiser based on an October 7, 2020 date of value. The City Council also authorized the Director of Public Works/City Engineer to make offers and negotiate the acquisition of the Subject Property Interests. Pursuant to Government Code Section 7267.2, the City and its consultant, Overland, Pacific & Cutler, hand -delivered a written offer dated October 11, 2021 to Larchmont Park, LLC to purchase the Subject Property Interests at the fair market value established by the City's independent appraiser. The parties negotiated in good faith the City's purchase of the Subject Property Interests, including severance damages to the remainder portions of the Larger Parcel. As of December 14, 2021, the parties had not reached an agreement for the City's purchase of the Subject Property Interests. On December 14, 2021, the City Council held a hearing in accordance with the Eminent Domain Law (Code of Civil Procedure Section 1230.010, et seq.) and adopted Resolution No. 2021-70, A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the I- 15/French Valley Parkway Improvements — Phase II (Certain Property Interests on APNs 910- 020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015). The parties resumed their negotiations after the City Council adopted Resolution No. 2021-70, and reached an agreement regarding the price and terms of the City's purchase of the Subject Property Interests. On January 25, 2022, the City Council adopted Resolution No. 2022-07 approving the Purchase and Sale Agreement and Joint Escrow Instructions between the City and Larchmont Park, LLC for the acquisition of the Subject Property Interests. Escrow for the City's acquisition of the Subject Property Interests closed on March 23, 2022. The City acquired title to the Subject Property Interests pursuant to that certain Grant Deed recorded on March 23, 2022 as Document No. 2022-0141306 of Official Records of the County of Riverside. The City acquired the Subject Property Interests by negotiated acquisition and is now vested with title to the Subject Property Interests. Accordingly, it is necessary for the City to rescind Resolution No. 2021-70. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution 2. Resolution No. 2021-70 3. Project Description 4. Project Location RESOLUTION NO.2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RESCINDING RESOLUTION NO. 2021-70, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS — PHASE II (CERTAIN PROPERTY INTERESTS ON APNS 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. B. The City, in cooperation with the California Department of Transportation ("Caltrans"), seeks to construct the I-15/French Valley Parkway Improvements — Phase II ("Phase II") to improve traffic congestion and improve safety and operational efficiency within the limits of the French Valley Parkway Improvements Project ("Project"). The City completed Phase I of the Project, which was designed to provide interim relief by widening the existing southbound off -ramp at Winchester Road, construction of the southbound off -ramp at the French Valley Parkway and construction of the westbound portion of French Valley Parkway between the new off -ramp and Jefferson Avenue. As part of Phase II, the City proposes to construct a two-lane northbound collector/distributor system along I-15 from the Winchester Road/I-15 interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to the I-15 and I-215. These improvements seek to alleviate congestion on I-15 at the I-215 junction where weaving occurs as drivers choose between the I-15 and I-215 at the same time as they merge from Winchester Road onto the I-15, and to improve circulation along these routes. Pursuant to Cooperative Agreement 08-1667 between the City and the State of California by and through Caltrans ("Caltrans Cooperative Agreement"), the City is the implementing agency for right of way and is responsible for acquisition of the real property interests needed for Phase II. Caltrans is the lead agency under the National Environmental Policy Act of 1969 ("NEPA") and the California Environmental Quality Act ("CEQA"). C. Phase II requires the acquisition of several property interests, including the acquisition in fee of an approximate 52,090 square foot portion ("Subject Fee Property") of those certain vacant real properties located on the west side of Jackson Avenue in the City of Murrieta, California, and identified as Riverside County Tax Assessor's Parcel Numbers ("APNs") 910- 020-077, 910-060-002, 910-060-003, 910-060-009 and 910-060-015 ("Larger Parcel") for public use, namely public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retaining walls, drainage, and public utilities in connection with the City's proposed construction of Phase II. Larchmont Park, LLC, a California limited liability company was the record fee owners of said real property. A billboard structure is located on the property line of the parcel identified as APN 910-060-002 and will be affected by the construction of Phase II. The owners of the APN 910-060-002 received rental income from the billboard's north advertising side based on a ground lease for said billboard. D. Pursuant to Government Code Section 7260, et seq., the City obtained a fair market value appraisal of the approximate 52,090 square foot Subject Fee Property, the loss of ground lease rent for the affected billboard, and all interests of Larchmont Park, LLC in and to the subject billboard (collectively "Subject Property Interests") and on August 10, 2021 set just compensation for the Subject Property Interests at the fair market value as determined by the City's independent appraiser based on an October 7, 2020 date of value. On October 11, 2021, the City extended a written offer to the owner of record, Larchmont Park, LLC, via hand delivery, to purchase the Subject Property Interests at the fair market value established by the City's independent appraiser pursuant to Government Code Section 7267.2. The parties negotiated in good faith the City's purchase of the Subject Property Interests, including severance damages to the remainder portions of the Larger Parcel but had not reached a negotiated agreement for the purchase of the Subject Property Interests as of December 14, 2021. E. On December 14, 2021, the City Council of the City of Temecula held a hearing in accordance with the Eminent Domain Law (Code of Civil Procedure Section 1230.010 et seq.) and adopted Resolution No. 2021-70, A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the I-15/French Valley Parkway Improvements — Phase II (Certain Property Interests on APNs 910-020-077, 910-060-002, 910- 060-003, 910-060-009, & 910-060-015). F. The parties resumed their negotiations after the City Council adopted Resolution No. 2021-70, and reached an agreement on the terms of the City's purchase of the Subject Property Interests. G. On January 25, 2022, the City Council adopted Resolution No. 2022-07 approving a Purchase and Sale Agreement and Joint Escrow Instructions between the City and Larchmont Park, LLC for the acquisition of the Subject Property Interests. Escrow for the City's acquisition of the Subject Property Interests closed on March 23, 2022. The City acquired title to the Subject Property Interests pursuant to that certain Grant Deed recorded on March 23, 2022 as Document No. 2022-0141306 of Official Records of the County of Riverside. Accordingly, it is necessary for the City to rescind Resolution No. 2021-70. H. The City is authorized to rescind Resolution No. 2021-70 pursuant to Code of Civil Procedure 1245.260(c), and other provisions of law. Section 2. Adoption of Resolution Rescinding Resolution No. 2021-70. The City Council of the City of Temecula adopts Resolution No. 2022- , a Resolution of the City Council of the City of Temecula Rescinding Resolution No. 2021-70, A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the I-15/French Valley N Parkway Improvements — Phase 11 (Certain Property Interests on APNs 910-020-077, 910-060- 002, 910-060-003, 910-060-009, & 910-060-015). Section 3. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 26th day of April, 2022. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26th day of April, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO. 2021-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS — PHASE II (CERTAIN PROPERTY INTERESTS ON APNS 910-020-077, 910-060-0029 910-060-0039 910-060-0099 & 910-060-015) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. B. The City, in cooperation with the California Department of Transportation ("Caltrans"), seeks to construct the I-15/French Valley Parkway Improvements — Phase II ("Phase II") to improve traffic congestion and improve safety and operational efficiency within the limits of the French Valley Parkway Improvements Project ("Project"). The City completed Phase I of the Project, which was designed to provide interim relief by widening the existing southbound off - ramp at Winchester Road, construction of the southbound off -ramp at the French Valley Parkway and construction of the westbound portion of French Valley Parkway between the new off -ramp and Jefferson Avenue. As part of Phase II, the City proposes to construct a two-lane northbound collector/distributor system along 1-15 from the Winchester Road/I-15 interchange northerly on - ramps to just north of the I-15/I-215 junction with connectors to the I-15 and I-215. These improvements seek to alleviate congestion on I-15 at the I-215 junction where weaving occurs as drivers choose between the I-15 and I-215 at the same time as they merge from Winchester Road onto the I-15, and to improve circulation along these routes. Pursuant to Cooperative Agreement 08-1667 between the City and the State of California by and through Caltrans ("Caltrans Cooperative Agreement"), the City is the implementing agency for right of way and is responsible for acquisition of the real property interests needed for Phase II. Caltrans is the lead agency under the National Environmental Policy Act of 1969 ("NEPA") and the California Environmental Quality Act ("CEQA"). C. Phase II is consistent with the Circulation Element of the General Plan, which recognizes that "[e]nsuring adequate regional circulation for residents and businesses will require coordination with regional and State transportation planning efforts." (Circulation Element, C-23). Phase II furthers Goal 2 of the Circulation Elements, which seeks to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the Circulation Element because it includes the construction of interchange and regional arterial improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, i hereby certify, under the panalty of penury, that the aWve and foregoing is a true and correct copy of an original on deposit thin stye records f the City of Ternecula, this�day of w. 20-1j RAND] JOHLOLSON, A), M{MC, MY CLERK By: and other entities, and improvements to current freeway interchanges within the City to achieve performance standards. D. Phase II also requires the cooperation of the City of Murrieta ("Murrieta"). The City and Murrieta entered into that certain Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/I-15 Improvements Project — Phase II, which was executed by the City of Temecula on May 13, 2021 and by the City of Murrieta on July 28, 2021 ("Temecula-Murrieta Cooperative Agreement"). At its meeting of May 11, 2021, the City adopted Resolution No. 2021-26, A Resolution of the City Council of the City of Temecula Approving that Certain Agreement Entitled Cooperative Agreement Between the City of Temecula and the City of Murrieta in Connection with the French Valley Parkway/I-15 Improvements Project — Phase II. Pursuant to the Temecula-Murrieta Cooperative Agreement, the City and Murrieta recognized that Phase II is an interchange of regional significance for Western Riverside County with TUMF funding allocated for a significant portion of it. Phase II received an unprecedented $50 million grant from the Federal Government through the Infrastructure for Rebuilding America grant program administered by the United States Department of Transportation. The grant was supported by local Members of Congress as well as the U.S. Department of Defense and Marine Corps. based on the need to maintain the free flow of traffic to Camp Pendleton and Navy facilities in San Diego County, thus making it a national security improvement. The letter to the U.S. Department of Transportation dated February 26, 2019 from the U.S. Department of Defense, United States Marine Corps. Camp Pendleton, summarized the benefits of Phase II on the lives of service members, including a reduction of transit times of military operational units movement on the I-15; reduction of transit times on the federal workforce, and improvement in the quality of life of military service members and their families resulting from the improved circulation. E. Pursuant to the Temecula-Murrieta Cooperative Agreement, the City and Murrieta set forth their agreement to cooperate on right-of-way issues in connection with Phase II. They recognized that public agencies may jointly exercise any power common to them pursuant to Government Code Section 6502 and Code of Civil Procedure Section 1240.140(b). Government Code Section 6502 provides that "[i]f authorized by their legislative or governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties". California Code of Civil Procedure Section 1240.140(b) provides that "[t]wo or more public agencies may enter into an agreement for the joint exercise of their respective powers of eminent domain, whether or not possessed in common, for the acquisition of property as a single parcel." The City and Murrieta also agreed and acknowledged that each City may exercise the power of eminent domain to acquire real property for a public use if each City meets all legal requirements, including the payment of just compensation to the owner or into the court for the benefit of the owner. (California Constitution, art. I, sec. 19). The acquisition of private property for public street/highway purposes, and all uses necessary or convenient thereto in connection with the proposed construction of Phase II is a public use, and is authorized by Section 19 of Article 1 of the California Constitution, California Government Code Sections 6502, 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020, 1240.050, 1240.110, 1240.120, 1240.140, 1240.510, 1240.610, 1240.650, and other provisions of law. Further, the City and Murrieta agreed that a joint approach is beneficial to the timely delivery of Phase Il, and agreed to cooperate and coordinate their efforts to the extent practicable in connection with the acquisition I hereby certify, under the penalty of perjury, that the above and foregoing is a true and correct copy of an original on deposit within Nh records q the City of Z Temecula , this day af_ _ej� RANDI 3 •QLSON, di}, I IMC, CITY CLERK B of the necessary right of way for Phase II. They further agreed that pursuant to Government Code Section 6502 and Code of Civil Procedure Section 1240.140(b), the parties may jointly exercise any power common to them. Both Temecula and Murrieta are authorized to acquire real property interests by eminent domain for public street/highway purposes. Temecula is the Implementing Agency for right-of-way acquisition pursuant to the Caltrans Cooperative Agreement. Accordingly, pursuant to the Temecula-Murrieta Cooperative Agreement, Murrieta consented to the City's acquisition of property interests located within the boundaries of Murrieta, including the City's acquisition by eminent domain, if necessary, of property interests needed for Phase II. The City agreed that it would acquire any necessary property interests for Phase II in accordance with Government Code Section 7260, et seq., and the Eminent Domain Law, Code of Civil Procedure Section 1230.010, et seq., and other provisions of law. The City and Murrieta further agreed that the acquisition of the necessary real property interests required for Phase II is a matter of urgency of extreme expediency or necessity and manifestly desirable to alleviate congestion and improve traffic circulation in Southwest Riverside County. Pursuant to the Temecula-Murrieta Cooperative agreement, Murrieta also consented to the City's conveyance of any portions of the necessary real property interests required for Phase II to Caltrans in accordance with the terms of the Caltrans Cooperative Agreement. F. Phase II requires the acquisition of the certain property interests consisting of an approximate 52,090 square foot portion in fee of the real properties described more particularly below in Section 4 and the interests of the owner of said properties in and to the outdoor advertising structure/billboard and lease interests relating to said structure located on portions of the real properties impacted by Phase II. The City seeks to acquire said property interests for public use, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II. Section 2. Adoption of Resolution of Necessity. The City Council of the City of Temecula adopts Resolution No. 2021-70, A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the I-15/French Valley Parkway Improvements — Phase II (Certain Property Interests on APNs 910-020-077, 910-060-002, 910- 060-003, 910-060-009, & 910-060-015). Section 3. Authorization for Acquisition of Real_Property Interests by Eminent Domain. The City seeks to acquire by eminent domain the real property interests described more particularly below in Section 4 of this Resolution for public use, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II pursuant to the authority conferred upon the City of Temecula to acquire property by eminent domain by Section 19 of Article 1 of the California Constitution, California Government Code Sections 6502, 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020, 1240.050, 1240.110, 1240.120, 1240.140, 1240.510, 1240.610, 1240.650, and other provisions of law. I hereby certify, under the penalty of perjury, that the above and foregoing is a true and correct copy of an original on deposit ithin the records the City o Temecula, this ay ot, 20i. RAND[ J L. JKN, JD, MMC, CITY CLERK 3 By: Section 4. Subject PropertyPr2perty Interests. The City seeks to acquire in fee an approximate 52,090 square foot fee portion of those certain vacant real properties located on the west side of Jackson Avenue near Fig Street in the City of Murrieta, and identified as Riverside County Tax Assessor's Parcel Numbers 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015 described more particularly on Exhibit "A" attached hereto and incorporated herein by this reference. Larchmont Park, LLC is the record owner of said parcels. The City also seeks to acquire the interests of Larchmont Park, LLC in and to the outdoor advertising structure/billboard and lease interests relating to said structure located on portions of APN 910- 060-002 impacted by Phase II depicted on Exhibit "B" attached hereto and incorporated herein by this reference. The approximate 52,090 square foot fee area described on Exhibit "A" and the interests of Larchmont Park, LLC in and to the outdoor advertising structureibillboard and lease interests relating to said structure located on portions of APN 910-060-002 impacted by Phase II depicted on Exhibit "B" are referred to below collectively as the "Subject Property Interests". Section 5. Environmental Review. The environmental effects of the French Valley Parkway/Interstate-15 Over -Crossing and Interchange Improvements Project (PW02-11 and PW07-04) ("Project") and the acquisition of the real property interests needed for the Project were studied and analyzed as an integral part of the Mitigated Negative Declaration for the Project (MND) adopted by the City on February 23, 2010 pursuant to Resolution No. 10-14, A Resolution of the City of Temecula Adopting a Mitigated Negative Declaration for the French Valley Parkway/Interstate-15 Over -Crossing and Interchange Improvements Project (PW02-11 and PW07-04) and Approving the Project. At that time, the City was the lead agency under the CEQA for the Project. Caltrans was the lead agency under NEPA for the Project. Together, the City and Caltrans completed an Initial Study [with Mitigated Negative Declaration]/Environmental Assessment with Finding of No Significant Impact (IS/EA), a joint CEQA/NEPA document for the Project. Caltrans signed and approved the Finding of No Significant Impact (FONSI) on January 29, 2010. In adopting Resolution No. 10-14 approving the MND and the Project, the City Council found that the Project would accomplish the following objectives: (1) reduce current and projected traffic congestion on the ramps and freeway mainline in the project area; (2) improve safety and operations between Winchester Road and the I-151-215 junction; (3) provide alternative vehicular access to the I-15 that will also provide operational improvements to the 1-15/Winchester Road interchange; and (4) provide improvements to accommodate projected growth and to facilitate local circulation consistent with the General Plans of the Cities of Temecula and Murrieta. In adopting the MND, the City Council found that (1) the MND was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment that cannot be adequately and feasibly mitigated; and (3) the MND reflects the independent judgment. and analysis of the City Council. The City duly filed the Notice of Determination in accordance with applicable law. Pursuant to the Caltrans Cooperative Agreement, Caltrans is the lead agency under both NEPA and CEQA for Phase 11. The environmental effects of Phase 11 and the acquisition of the real property interests needed for Phase II were studied and analyzed as an integral part of the MND for the Project and the Caltrans Re -Validation in connection with Caltrans' further environmental analysis and review of the environmental documents for the Project. Caltrans completed the NEPA/CEQA Re -Validation on July 9, 2021 [DIST-CO-RTE: 08-RIV-15, 215; 1 hereby certify, under the penalty of perjury, that the above and foregoing is a true and correct copy of an original on deposit thin the ecords the City of Temecufa, thi,� a, off 4 RANDI J ft .0 SON, JD, MMC, CITY CLERK By: L. ^. Project No. FTIP ID RIV031215 (RTP ID RIV 031215) (SCH 2O09041108)], which is on file with the City Public Works Department and is incorporated in this Agenda Report by this Reference ("Caltrans Re -Validation"). In the Caltrans Re -Validation, Caltrans explained that the scope of Phase II was modified to include the northbound (NB) collector/distributor connectors to the I-15 and I-215, one new bridge, widening of two bridges, ten retaining walls and one sound wall, and some drainage improvements. The change in the scope of Phase II resulted in a decrease in the number of full and partial acquisitions required for Phase II and an increase in the need for temporary construction easements. Caltrans found that the original environmental document needed to be updated and further documentation was prepared in connection with NEPA. Based on the changed conditions and supporting information, Caltrans found that, with respect to the CEQA analysis, only minor technical changes or additions to the previous documents were necessary and an addendum was prepared and included with the Re -Validation Form. The Re -Validation Form noted that the Phase II improvements were previously identified and were approved as part of Phase lI of the Project described in the 2010 IS/EA. It also found that Phase II itself would not result in new types of impacts over those identified in the IS/EA for the overall Project. Caltrans determined that due to the smaller scope of Phase II and the refined project engineering information, the magnitude of various impacts is reduced but generally remains the same as those addressed in the IS/EA. Caltrans also found that the acquisition of 34 parcels, including the displacement of two nonresidential uses, was anticipated with the overall Project. Of this, two full parcel acquisitions and twelve partial parcel acquisitions were initially anticipated for Phase II (as noted in the 2010 IS/EA). Based on the smaller project scope for Phase II, Caltrans found that Phase II would not result in any full parcel acquisitions, but would require eleven partial acquisitions, three permanent footing easements, and five temporary easements for construction of Phase II. Although there has been a reduction in the number of full and partial acquisitions required, Caltrans noted that Phase II requires the acquisition of property interests from APN 910-020-077 that were not included in the original IS/EA and from APN 910-281-001 based on the revisions to the appraisal map approved on June 3, 2021. Caltrans found that the reduction in proposed acquisitions would not result in new impacts and that no new additional mitigation measures are required. Caltrans noted that the proposed footing easements and use of City property would only affect undeveloped land and would not result in displacement of any persons or businesses. Phase II may, however, require the relocation of two outdoor advertising structures/billboards owned by Lamar Central Outdoor, Inc. ("Lamar") and identified as Sign Number 33321 and Sign Number 33322 located on APNs 910-060-002 and 910-060-004 in the City of Murrieta. Larchmont Park, LLC's interest in and to the structure/billboard located on APN 910-060-002 is the subject of this Resolution of Necessity. In connection with the preparation of this Resolution of Necessity, City Staff reviewed the MND and FONSI for the Project and the Re -Validation prepared in connection with Phase II, and found that the environmental findings for the Project and Phase II are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests in connection with Phase II. Section 6. Phase II, as planned and designed, is in the public interest and necessity and is of regional significance. Phase II, as planned and located, will construct a two-lane northbound collector/distributor (C/D) system along I-15 from the Winchester Road/I-15 Interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to the 1-15 and I-215. Phase II received an unprecedented $50 million grant from the Federal Government through the hereby certify, under the penalty of perjury, that the above and foregoing is a true and oorrect copy of an original on depos_ it,Within the eeords o the City of 5 Tomecula, i day at 20 RAN aI aLSON. J0, MMC. CITY CLERK tiny: Infrastructure for Rebuilding America grant program administered by the United States Department of Transportation. The grant was supported by local Members of Congress as well as the U.S. Department of Defense and Marine Corps. based on the need to maintain the free flow of traffic to Camp Pendleton and Navy facilities in San Diego County, thus making it a national security improvement. Phase II, as planned and designed, will alleviate congestion, and improve safety and traffic circulation by constructing the northbound collector/distributor road improvements. The City and Murrieta have recognized that the construction of the Project would benefit both communities, and that both communities have a mutual interest in the Project to improve traffic and promote safety for the general public. The improvements proposed for Phase II seek to improve traffic congestion on the I-15 at the 1-215 junction where weaving occurs as drivers choose between the I-15 and I-215 at the same time as they merge from Winchester Road onto the I-15, and to improve circulation along these routes. Section 7. Phase II is consistent with the Circulation Element of the General Plan, which recognizes that "[e]nsuring adequate regional circulation for residents and businesses will require coordination with regional and State transportation planning efforts." (Circulation Element, C-23). Phase II furthers Goal 2 of the Circulation Element, which seeks to create a "regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the Circulation Element because it includes the construction of interchange and regional arterial improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, and other entities, and also includes improvements to current freeway interchanges within the City to achieve performance standards. Section 8. Phase II is planned and located in the manner that is most compatible with the greatest public good and the least private injury. Phase II is planned and designed to construct a two-lane northbound collector/distributor (C/D) system along I-15 from the Winchester Road/I- 15 Interchange northerly on -ramps to just north of the I-15/I-215 junction with connectors to the I-15 and I-215. The construction of these improvements are of regional significance. Phase II is planned and located to minimize the impact on private parcels. The construction of Phase II will not impact any buildings. It will not result in the displacement of any persons or businesses, except for the potential impacts to two billboard/outdoor advertising structures located on APNs 910-060- 002 and 910-060-004 in the City of Murrieta, including the interests of Larchmont Park, LLC in and to the billboard/outdoor advertising structure located on APN 910-060-002 impacted by Phase II. Section 9. The public use for which the City seeks to acquire the Subject Property Interests, namely for public street and highway purposes, and all uses necessary or convenient thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities in connection with Phase II will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the Subject Property Interests (Code of Civil Procedure Section 1240.510). To the extent that Phase II will require the relocation of the interests/facilities of easement holders located in the area of the Subject Property Interests and impacted by Phase II, the City's use of the Subject Property Interests for Phase II is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject hereby certify, under the penalty of perjury, that the above and foregoing is a true and correct copy of an original on deposit,y day the reao�s ofthe C2yg o" 6 Yemecufa, this day of RANDI JqHt�OLSON, JD, WC, CITY CLERK lay Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650. Section 10. Pursuant to Government Code Section 7260 et seq., the City obtained a fair market value appraisal of the Subject Property Interests and set just compensation for the Subject Property Interests in accordance with the fair market value. On October 11, 2021, the City extended a written offer pursuant to Government Code Section 7267.2 to the owner of record, Larchmont Park, LLC, via hand delivery. The City's offer included an informational pamphlet describing the eminent domain process and the record owner's rights under the Eminent Domain law. In accordance with Government Code Section 7267.2, the City's written offer contained a written statement of and summary of the basis for, the amount it established as just compensation. The City's offer package set forth the date of value used by the appraiser and explained the appraiser's opinion of the highest and best use of the larger parcel of which the Subject Property Interests are a part. The offer package also explained the applicable zoning of the larger parcel of which the Subject Property Interests are a part. The offer also summarized the principal transactions relied on by the appraiser to arrive at the appraiser's opinion of the fair market value. In addition, the written offer explained the appraiser's valuation analysis, including an analysis of severance damages and of the impacts of the Phase II on the subject billboard. It also included the comparable market data relied on by the appraiser. Further, the offer letter offered to pay the reasonable costs of Larchmont Park, LLC, up to $5,000, of an independent appraisal of the Subject Property Interests pursuant to Code of Civil Procedure Section 1263.025. Section 11. The City provided written notice dated November 24, 2021 to the owner of record of the Subject Property Interests, Larchmont Park, LLC, pursuant to Code of Civil Procedure Section 1245.235 of the City Council's intent to consider the adoption of a Resolution of Necessity for the acquisition of the Subject Property Interests by eminent domain. Based on the discussions between the City and Larchmont Park, LLC, the City also sent a copy of the letter and Code of Civil Procedure Section 1245.235 notice to BTWB Jackson Street, LLC. The notice informed the record owner of the opportunity to appear before the City Council and raise questions about whether the public interest and necessity require Phase II; whether Phase II is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Property Interests the City seeks to acquire are necessary for Phase II. Section 12. Based on the evidence presented at the hearing regarding the acquisition of the Subject Property Interests, consisting of an approximate 52,090 square foot area in fee and the interests of the record owner in and to the outdoor advertising structure/billboard and lease interests relating to said structure located on portions of APN 910-060-002 impacted by Phase II, including the Agenda Report, the documents referenced therein, and any oral or written testimony at the hearing, the City Council hereby finds and determines that: A. The public interest and necessity require Phase II, B. Phase II is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; 1 hereby certify, under the penalty of perjury, that the above and foregoing is a true and correct copy of an original on deposit ithm the records 01 the City of Temecula, thisday RAN DI J-OLSO N, J), MMC, CITY CLERIC $y:—. C. The Subject Property Interests, consisting of an approximate 52,090 square foot area in fee described more particularly on Exhibit "A" hereto and the interests of the record owner in and to the outdoor advertising structure/billboard roughly depicted on Exhibit "B" hereto, including any lease interests relating to said structure located on portions of APN 910-060-002 impacted by Phase 11, are necessary for Phase Il; and D. The City has made the offer required by Government Code Section 7267.2 to the owner of record of the Subject Property Interests the City seeks to acquire. Section 13. The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report, and all documents referenced therein, all of which are incorporated herein by this reference and testimony and/or comments, if any, submitted to the City by the record owner or the owner's representative(s). These documents include, but are not limited to the City of Temecula General Plan, the offer letter and package sent to the owner pursuant to Government Code Section 7267.2, the notice pursuant to Code of Civil Procedure Section 1245.235, Resolution No. 2021-26, Resolution No. 10-14, and environmental documents relating to the Project and Phase Il. Section 14. Authorization to File Eminent Domain Proceeding The City Attorney's Office is authorized to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain the Subject Property Interests in connection with Phase 11. The approximate 52,090 square foot fee area is described more particularly on Exhibit "A" and the outdoor advertising structure/billboard impacted by Phase 11 is depicted on Exhibit "B" hereto. Section 15. LitManager Authority, The City Manager is authorized to execute all necessary documents in connection with the eminent domain proceeding. Section 16. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of December, 2021. ATTE Randi off, City Clerk [SEAL] r Maryann Edwards, Mayor I hereby certify, under the penalty of perjury, that the above and foregoing is a true and correct copy of an original on deposit within the ecords the City of Tome thip ^day of PO RANDI J •01.5oN, JD, MMC, CITY CLERK 8 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2021-70 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of December, 2021, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 4 7- Randi Johl, City Clerk hereby certify, under the penalty of perjury, that the above and foregoing is a true and correct copy of an original on depor,�sI�it'��yv+ithin the ecords o the City Temecula, this {CG�'�day o- 20 RAND( d • LSON, JD, MMC, CITY CLERK 9 a Exhibit "A" Legal Description of Approximate 52,090 Square Foot Fee Area (Caltrans Parcel 24624-1) EXHIBIT "A" LEGAL DESCRIPTION Those portions of Lots 124 and 125 per MAP of the TEMECULA LAND AND WATER COPAPANY showing the Subdivision of a Portion of the TEMECULA RANCH, situated in the City of r4urrieta, County of Riverside, State of California, said map recorded in Book 8 of Maps, page 359, in the Office of the Recorder of the County of San Diego, said portions lying northeasterly of the freeway and southwesterly of the following described LINE "A": COMMENCING at the corner common to Lot 123 and Lot 124, of said map, in the centerline of Jackson Avenue as shorvm on map filed in Book '142 of Records of Survey, pages 89 through 104, in the Office of the County Recorder of Riverside County: thence along the line common to said lots South 48Q 17'42" West 494.16 feet to the freeway right of vday and the southeasterly most corner of that certain parcel of land described in deed to the State of California recorded October 21, 1974, in Book 1974, page 134994 in Official Records of said Riverside County, said corner being the southerly terminus of the segment of line described as South 31 °47'59° East 856. 1:n feet in said deed, said comer also being the POINT OF BEGINNING of said LINE "A": thence departing said common line and proceeding along said freeway right of way and said segment of line North 31'4758" West 207.48 feet; thence departing said freeway right of way and said segment North 25040'07" West 457.28 feet to the beginning of a curve Concave southwesterly and having a radius of 355D.00 feet: thence along said curve through a central angle of 7°08'21" a distance of 4.42.34 feet; thence North 23059'S1' Wiest -175.08 feet: thence North 13028'38" West 212.63 feet: thence South 62151 "13' West 23.24 feet to the freeaoray right of way and the northeasterly line of that certain parcel of farad described in deed to the State of California recorded February 24, -1975 in Book 1975, Page 21238 in said Official Records, thence along said freeway right of way and said northeasterly fine North 27°0847" West '143.81 feet to the northerly most angle point of said northeasterty line, and the southerly most corner of that certain parcel of land described by Director's Deed recorded October '18, 1982 in Book 1982, Page 179874 in said Official Records; thence North 27008'47" West 396.65 feet along said freeway right of way and the southwesterly line of said Director's Deed to the POINT OF TERMINUS of said LINE "A", said terminus being the intersection of said freeway right of way and the southwesterly right of way line of said Jackson Avenue. Containing 52,090 square feet, more or less. Together with underlying fee interest, if any', contiguous to the above described property in and to the adjoining freeway. 08-Riv-115-Pros 83 1/2 I hereby certify, under the penalty of perjury, that the above and Foregoing is a true and correct copy of an original on deposl dhin tY a records f the City of Temecula, dar rs_ alk ,20 RANDI JOHLOLSON, Jll, WAC, CITY CLERK 11086-0204\2598817v Ldoc By: EXHIBIT "A" LEGAL DESCRIPTION This conveyance is made for the purpose of a freeway and the GRANTOR hereby releases and relinquishes to the STATE any and all abutter's rights including access rights, appurtenant to GRANTOR's remaining property, in and to the freeway. The bearings and distances used in the above description are Lased on the California Coordinate System of 1933, Zone S. Divide distances shorn by 0.99991351 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Signalture= r�A Professional Lend surveyor Date_ September t d 2021 r1P w� lA�q 08-RN-15-PM 8.3 2/2 I hereby certify, under the penalty of perjury, that the above and foregoing Is a true and correct copy of an original on depose���1�ithin the. ecords f the City of Ternecul ., itlis�(Q*^day 0 o rAAP Ic ,20.gu. RANDI L•OLSON, JD, INMC, CITY CLERK 11086-0204\2598817vI.doe Exhibit "B" Rough Depiction of Subject Billboard Impacted by Phase II (Sign No. 33321) North Face w �✓ Y - hereby certify, under Ille panuIty of perjury, that the above and foregoing is a true and correct copy of an original on de posit W1911s rile records 01 the City of Temecula thi5IVK dayn1-fie 'a C-..2Q_�I - RANI7.tA<�HL-OL50N, JO. krirvle, CITY CLERK v3f.- Alft c7" The Heart of Southern California Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program FRENCH VALLEY PARKWAY/1-15 IMPROVEMENTS - PHASE II Circulation Project Project Description: This project includes the design and construction of the two lane northbound collector/distributer road system beginning north of the Winchester Road Interchange on -ramps and ending just north of the 1-15/1-215 junction with connectors to 1-15 and 1-215. Benefit: This project will address and improve traffic circulation in the City's northern area by providing the northbound collector/distributer road system. Core Value: Transportation Mobility and Connectivity Project Status: The environmental re-evaluation and design are estimated to be completed in Fiscal Year2021-22. Department: Public Works - Account No. 210.265.999.726 / PW16-01 Level: I Project Cost: Prior Years Actuals 2020-21 Adjusted 2021-22 Adopted Budget 2022-23 Projected 2023-24 2024-25 Projected Projected 2025-26 Projected Total Project Cost Administration 2,552,128 251,670 227,000 227,000 227,000 3,484,799 Construction 88,950,000 88,950,000 Construction Engineering 1,279 10,899,721 10,901,000 Design & Environmental 17,898,086 1,221,217 19,119,303 Land Acquisition 9,393,251 5,826,900 743,100 15,963,251 Utilities 1,993 1,993 Total Expenditures 29,846,738 107,149,508 970,100 227,000 227,000 138,420,346 Source of Funds: CFD 01-02 (Harveston) 1,005,840 1,005,840 DIF-Street Improvements 75,360 75,360 General Fund 4,236,174 4,236,174 INFRA Grant 50,000,000 50,000,000 Measure A 1,627,914 1,627,914 Measure S 454,000 3,837,485 970,100 227,000 227,000 5,715,585 Reimbursements 6,008,000 6,008,000 SAFETEA-LU 1,602,360 1,602,360 STIP-Surface Transportation 47,600,000 47,600,000 Improvement Program TUMF (CETAP/RCTC) 472,841 999,668 1,472,509 TUMF (RCTC) 2,343,000 2,343,000 TUMF (WRCOG) 11,450,112 5,283,492 16,733,604 Total Funding 27,673,241 109,323,005 970,100 227,000 227,000 138,420,346 Future Operating & Maintenance Costs: 71 Alk c7" The Heart of Southern California Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program FRENCH VALLEY PARKWAY/1-15 IMPROVEMENTS - PHASE II Circulation Project 2021-22 Prior Years 2020-21 Adopted 2022-23 2023-24 2024-25 2025-26 Total Project Project Cost: Actuals Adjusted Budget Projected Projected Projected Projected Cost Total Operating Costs Notes : 1. General Fund Includes Required Contribution match for TUMF (CETAP/RCTC) funds. 2. State Transportation Improvement Program 2014 RCTC Call for projects as approved by the Commission on November 13, 2013 ($10,000,000). 3. TUMF (RCTC)- Regional funding is pursuant to RCTC Agreement No.06-72-048-00 for a total of $7,517,000 ($5,517,000-ROW; $2,000,000-PS&E). $200,000 City Match, Phase I expended $3,174,000-ROW; $2,000,000 PS&E; $200,000 City Match. Phase II expended $2,343,000 ROW. 4. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 06-SW-TEM-1079 for a total of $11,575,000 reduced to $11,451,875 ($975,752-PA&ED; $8,801,875-PS&E; $1,674,248-ROW) for Phase I and Phase II. 5. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $4,078,000 reduced to $4,043,000 ($108,724 PA&ED;3,934,296 PS&E) for Phase I and Phase II. 6. TUMF (WRCOG) - TUMF Zone Funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $1,925,000-ROW. No expenditures for Phase I. 7. TUMF (CETAP/RCTC) - Funding is pursuant to the RCTC Agreement No.17-73-007-00 in the amount of $1,472,509 ($673,562 ROW; $798,947 DESIGN; $106,603 City Match). 72 pF TF.q£C G" French Valley Parkway/I-15 Improvements - Phase 11 Circulation Project Location 0 400 800 Feet Them a p FrenchValleyParkway_Phasell.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis 2018 Aerial Data 58 French Valley Parkway/1-15 Improvements — Phase II Larchmont Park, LLC Parcel INTERSTATE 215 EXIST R/W EXIT R';`'_,��� TrrT „� r rrr�r -r �'r � ' 910-060-003 PROPOSED FEE R— titer l 910-060-009 4 910-060-002 yp,GKSON A�lE ED G ) 1 FEE Nt 911 7I EXIST RAW Item No. 13 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA APRIL 12, 2022 CALL TO ORDER at 7:36 PM: President James Stewart ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart CSD PUBLIC COMMENTS -None CSD CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Rahn. The vote reflected unanimous approval. 22. Approve Action Minutes of March 22, 2022 Recommendation: That the Board of Directors approve the action minutes of March 22, 2022. 23. Approve Three -Year Agreement between Temecula Community Services District and Social Work Action Group for Homelessness Related Services Recommendation: That the Board of Directors approve a three-year agreement between Temecula Community Services District and Social Work Action Group (SWAG) for homelessness related services. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:58 PM, the Community Services District meeting was formally adjourned to Tuesday, April 26, 2022 at 4:30 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. James Stewart, President ATTEST: Randi Johl, Secretary [SEAL] Item No. 14 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Erica Russo, Director of Community Services DATE: April 26, 2022 SUBJECT: Approve Three -Year Agreement with Advantage Mailing, LLC for Printing Services of the Guide to Leisure Activities PREPARED BY: Tracy Masters, Community Services Manager RECOMMENDATION: That the Board of Directors approve a three-year agreement with Advantage Mailing, LLC for printing services of the Guide to Leisure Activities. BACKGROUND: The Community Services Department has been proud to provide the residents of Temecula a bi-annual printed activity guide that provides information regarding the many opportunities available for leisure, cultural and educational activities offered by the Community Services Department. This brochure serves as the Department's primary marketing channel and as an effective tool in building a sense of community through people, parks and programs. The printed guide raises awareness of community offerings which has resulted in increased participation and revenue. Advantage Mailing, LLC has been printing the Temecula activity guide bi-annually since 2013. Bids were solicited from five companies; two were non -responsive and two others declined based on the scope of the project. Based upon Advantage Mailing's previous successful performance, period staff is recommending the approval of this new three-year agreement. FISCAL IMPACT: The total Fiscal Impact is not to exceed $241,646 for the three-year term of the agreement. Funding is currently available in the Fiscal Year 2021-22 operating budget and future year's funding will be requested during the budget process. ATTACHMENTS: Agreement NON-EXCLUSIVE SERVICES AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND ADVANTAGE MAILING, LLC PRINTING SERVICES — ACTIVITY GUIDE THIS AGREEMENT is made and effective as of April 26, 2022, between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Advantage Mailing, LLC, a Corporation (hereinafter referred to as "Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on April 26, 2022, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2024, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for one additional two year term. In no event shall the contract be extended beyond December 31, 2026. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. 2. SERVICES Vendor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Vendor shall complete the tasks in according to the schedule of services which is also set forth in Exhibit A. Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Vendor for the non-exclusive procurement of services outlined on Exhibit A, attached hereto and incorporated herein as though set forth in full. The Vendor understands this Agreement is non-exclusive and the City reserves the right to purchase similar services from other Vendors. 3. PERFORMANCE Vendor shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Vendor shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Vendor hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Vendor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment 04/05/2022 rates and schedule of payment, are null and void. This amount shall not exceed Two Hundred Forty One Thousand Six Hundred Forty Six Dollars and no cents ($ 241,646.00), for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Vendor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Vendor shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Vendor at the time City's written authorization is given to Vendor for the performance of said services. The not to exceed payment amount listed herein is an estimated expenditure and this Agreement does not guarantee Vendor this amount in purchases. C. Vendor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Vendor's fees, it shall give written notice to Vendor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Vendor shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. S. NON -ASSIGNABILITY The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 6. INDEPENDENT CONTRACTOR The Vendor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the Work under this Agreement on behalf of the Vendor shall at all times be under Vendor's exclusive direction and control. 7. LEGAL RESPONSIBILITIES The Vendor 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 Vendor 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 Vendor to comply with this section. 8. LICENSES At all times during the term of this Agreement, Vendor shall have in full force and effect, all licenses required of it by law for the performance of services described in this Agreement. 9. INDEMNIFICATION Vendor agrees to defend, indemnify, protect, and hold harmless, the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, and its officers, officials, employees, agents, and volunteers, from and against any and all claims, demands, losses, defense costs or expenses, actions, liability or damages of any kind and nature which the City of Temecula, Temecula Community Services 04/05/2022 District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees, and volunteers 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 Vendor's negligent or wrongful acts or omissions arising out of or in any way related to the Work or the Vendor's performance or non-performance of this Agreement, excepting only liability out of the sole negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 10. INSURANCE REQUIREMENTS Vendor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Vendor, 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 form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Vendor owns no automobiles, a non - owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Vendor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Vendor shall execute a declaration that it has no employees. a. Minimum Limits of Insurance. Vendor shall maintain limits no less than: 1) General Liability: One Million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. b. Deductibles and Self -insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). C. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Vendor; products and completed operations of the Vendor; premises owned, occupied or used by the Vendor; or automobiles owned, leased, hired or borrowed by the Vendor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the 04/05/2022 Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Vendor's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Vendor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Vendor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Vendor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. d. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage. Vendor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Vendor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. TERMINATION OR SUSPENSION This Agreement may be terminated or suspended at any time, for any reason, with or without cause at the sole and exclusive discretion of the General Manager, without default or breach of this Agreement by the City. 12. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon 04/05/2022 delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 To Vendor: Advantage Mailing, LLC Attn: Chris Baker 1600 N. Kraemer Boulevard Anaheim, CA 92806 13. SEVERABILITY If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties. 14. GOVERNING LAW This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The City and Vendor 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 courtwith geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 15. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Vendor, or Vendor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Vendor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Vendor or Vendor's sub -contractors on this project. Vendor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 16. 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. 04/05/2022 17. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind the Vendor to the performance of its obligation hereunder. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 04/05/2022 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES ADVANTAGE MAILING, LLC DISTRICT (Tkvo Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: James Stewart, TCSD President ATTEST: By: Randi Johl, Secretary APPROVED AS TO FORM: By: By: Thomas Ling, Managing Me ber By: Peter M. Thorson, General VENDOR Counsel Advantage Mailing, LLC Attn: Thomas Lin 1600 N. Kraemer Boulevard, Anaheim, CA 92806 714-538-3881 c ba ke r@adya nta g ei n c. co m City Purchasing Mgr. Initials and Date: 111XII-INI ka EXHIBIT A Specifications and Scope of Work The purpose of this project is to provide the City of Temecula with a professional Activity Brochure. It is envisioned that the end result of this project will be used to inform the general public of all leisure, sports, special events, social and cultural activities and services available through the Community Services Department. SPECIFICATIONS 1. Vendor will supply City staff with a production schedule. Vendor will guarantee the brochure is prepared by the deadline and delivered to the local post office for distribution for mailing by the dates specified. 2. Vendor will submit a high resolution proof for approval, as needed, to the Community Services Department prior to printing. Any final printing of the brochure without a final approval from authorized Community Services staff will result in non-payment. The City recognizes its role in certifying the accuracy of the publication. The Vendor shall be responsible for guaranteeing the accuracy of the publication from receipt of the approved final proof to the printing press. 3. Vendor will be responsible for the printing and production of a full color (4/4) on 701b. coated book bound paper guide. Printed guide will be either 48, 52, or 56 pages, as determined in advance by the Community Services Department. 4. Vendor shall produce a total of six (6) issues of the City of Temecula Guide to Leisure Activities over a three (3) year term. 5. Vendor will provide the City with a current mailing list as specified by the Community Services Department for approval. 6. Vendor will divide brochures by postal route as per Temecula Post Office specifications, label and deliver to the Temecula U.S. Post Office for bulk direct mail for delivery. Remaining brochures will be delivered to the Community Services Department office located at 41000 Main Street, Temecula, CA, 92590. 04/05/2022 EXHIBIT B Payment Rates and Schedule Total price for services and product as set forth in full shall not exceed Two Hundred Forty One Thousand Six Hundred Forty Six Dollars and No Cents ($241,646.00) for the term of this agreement. Publication Publication Cost Date' 48 Page Brochure 40,000 Brochures Including Sales Tax Publication Cost 52 Page Brochure 40,000 Brochures Including Sales Tax Publication Cost 56 Page Brochure 40,000 Brochures Including Sales Tax _ 2022 1 May 2022 $ 30,605.00 $ 34,702.00 $ 36,502.00 2 October 2022 30,605.00 $ 34,702.00 $ 36,502.00 2023 _$ 3 1 Aril 2023 $ 33,665.00 $ 38,172.00 $ 40,153.00 4 October 2023 $ 33,665.00 $ 38,172.00 $ 40,153.00 2024 5 A ril2024 $ 37,032.00 $ 41,989,00 $ 44,168.00 6 October 2024 $ 37.032.00 $ 41,989.00 $ 44,168.00 Additional cost for brochures delivered to the Community Services Department (Per 1,000) $ 1,069.00 (Please include tax) 04/05/2022 Item No. 15 TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Board of Directors FROM: Aaron Adams, City Manager/Executive Director DATE: April 26, 2022 SUBJECT: Approval Issuance of Special Tax Refunding Bonds for Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) PREPARED BY: Jennifer Hennessy, Director of Finance/Treasurer RECOMMENDATION: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. TPFA 2022- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SPECIAL TAX REFUNDING BONDS RELATED TO THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK), APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT AGREEMENT AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS BACKGROUND: In 2003 the Temecula Public Financing Authority (the "Authority") Community Facilities District No. 03-03 (Wolf Creek) (the "CFD") was formed and subsequently bonds were issued in 2003 to finance various public facilities within the CFD. Those bonds were payable from the proceeds of an annual special tax levied on the 1,806 homes that were built in the CFD. Those bonds were refunded in 2012. In light of current low interest rates in the financial markets, the opportunity has arisen for the Authority to issue bonds (the "2022 Refunding Bonds") for and on behalf of the CFD, to refund the outstanding 2012 Bonds (the "Outstanding Bonds") and thereby reduce future special tax levies on homeowners with homes located in the CFD. Due to favorable interest rates in the financial markets, the Outstanding Bonds can now be refunded by means of the issuance of 2022 Refunding Bonds, with the debt service to be payable on the 2022 Refunding Bonds to be less than the debt service due on the Outstanding Bonds to be refunded. Specifically, it is expected that the refinancing transaction for the CFD 03-03 is projected to result in net present value savings of approximately $1,268,292, over the remaining term of the Outstanding Bonds. Actual savings is dependent upon market conditions at the time of sale of the 2022 Refunding Bonds, as well as the credit quality of the CFD and any rating from a national rating agency or bond insurance commitment from a national bond insurer that may be obtained for the 2022 Refunding Bonds. On February 8, 2022, the Authority adopted a Resolution directing City Staff to move forward with the refunding of Outstanding Bonds and appointed the Consultants to assist City Staff in preparing the documents needed to refund the Outstanding Bonds. The 2022 Refunding Bonds for the CFD are proposed to be issued pursuant to a Fiscal Agent Agreement setting forth the various terms and provisions for the 2022 Refunding Bonds. The proceeds of the 2022 Refunding Bonds are expected to be applied to the redemption of the Outstanding Bonds pursuant to an Escrow Agreement. The 2022 Refunding Bonds are expected to be offered to investors for sale pursuant to a Preliminary Official Statement, and are expected to be sold to Stifel, Nicolaus & Company, Incorporated, the underwriter for the 2022 Refunding Bonds, pursuant to a Bond Purchase Agreement, subject to parameters set forth in the Resolution authorizing the issuance of the 2022 Refunding Bonds the title of which is set forth above. Those parameters allow for the issuance of up to $17,000,000 of 2022 Refunding Bonds for the CFD. The Authority will enter into a Continuing Disclosure Agreement for the 2022 Refunding Bonds, which will require that the Authority provide certain ongoing information for the CFD on annual basis until the 2022 Refunding Bonds have been paid in full. City Staff and consultants have reviewed the documents described above and they are now in form ready for approval by the Board of Directors so that the sale and issuance of the 2022 Refunding Bonds can occur. If the Board of Directors adopts the Resolution authorizing the issuance of the 2022 Refunding Bonds, it is expected that the 2022 Refunding Bonds will be issued on or about June 12, 2022. SPECIFIC ACTIONS: That the Authority adopt the resolution authorizing the issuance of the 2022 Refunding Bonds and approving the documents related thereto. FISCAL IMPACT: None. The 2022 Refunding Bonds will not be obligations of the City of Temecula, or general obligations of the Authority or of the CFD but will be limited obligations of the Authority for the CFD secured solely by the special taxes levied on the homes in the CFD and amounts held in certain funds and accounts established under the Fiscal Agent Agreement. All costs of issuance of the 2022 Refunding Bonds will be paid from the proceeds of the 2022 Refunding Bonds. All administrative costs of the CFD and the 2022 Refunding Bonds will be paid from proceeds of the special taxes levied on homes in the CFD. ATTACHMENTS: 1. Resolution 2. Fiscal Agent Agreement (Wolf Creek) 3. Escrow Agreement 4. Preliminary Official Statement, including the Continuing Disclosure Agreement as Appendix E 5. Bond Purchase Agreement RESOLUTION NO. TPFA 2022- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SPECIAL TAX REFUNDING BONDS RELATED TO THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK), APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT AGREEMENT AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors has conducted proceedings under and pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"), to form the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) (the "District"), to authorize the levy of special taxes on the real property within the District, and to issue bonds secured by the special taxes the proceeds of which are to be used to finance certain public improvements, all as described in Resolution No. TPFA 03-22 adopted by the Board of Directors on October 28, 2003. Section 2. On January 8, 2004, the Temecula Public Financing Authority (the "Authority"), for and on behalf of the District, issued $30,990,000 principal amount of Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) 2003 Special Tax Bonds (the "2003 Bonds"), to finance facilities authorized to be funded by the District. Section 3. On August 15, 2012, the Temecula Public Financing Authority (the "Authority"), for and on behalf of the District, issued $26,020,000 principal amount of Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) 2012 Special Tax Refunding Bonds (the "2012 Bonds"), the proceeds of which 2012 Bonds were used to refund the then outstanding 2003 Bonds. Section 4. Due to favorable interest rates in the financial markets, the Board of Directors has determined that it is in the best interests of the Authority and the persons owning real property in the District that the 2012 Bonds be refunded. Section 5. There have been submitted to the Board of Directors for its approval a Fiscal Agent Agreement (the "Fiscal Agent Agreement") providing for the issuance of special tax refunding bonds of the Authority for the District (the "Bonds") and the use of the proceeds of the Bonds to refund, in whole, the 2012 Bonds, as well as a Preliminary Official Statement (the "Preliminary Official Statement") describing the Bonds, a bond purchase agreement to be used in connection with the sale of the Bonds (the "Purchase Contract"), a Continuing Disclosure Agreement relating to the Bonds (the "Continuing Disclosure Agreement"), and an Escrow Agreement (the "Escrow Agreement") relating to the redemption of the 2012 Bonds, and the Board of Directors, with the aid of City of Temecula staff, has reviewed said documents and found them to be in proper order. Section 6. Pursuant to Section 5852.1 of the California Government Code, certain information relating to the Bonds is set forth in Exhibit A attached to this Resolution, and such information is hereby disclosed and made public. Section 7. All conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of the Bonds as contemplated by this Resolution and the documents referred to herein exist, have happened and have been performed in due time, form and manner as required by the laws of the State of California. Section 8. Pursuant to the Act, Article 11, commencing with Section 53580, of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code (the "Refunding Law"), this Resolution and the Fiscal Agent Agreement, special tax bonds of the Authority for the District (described in Section 4 and elsewhere in this Resolution as the "Bonds"), in an aggregate principal amount not to exceed $17,000,000, are hereby authorized to be issued, with the Bonds to be designated the "Temecula Public Financing Authority Community Facilities District No. 03 -03 (Wolf Creek) 2022 Special Tax Refunding Bonds." The Bonds shall be executed in the form set forth in and otherwise as provided in the Fiscal Agent Agreement. In furtherance of the issuance of the Bonds, the Board of Directors hereby makes the following findings and determinations: (a) it is prudent in the management of the fiscal affairs of the Authority, the Board of Directors and the District to issue the Bonds for the purpose of refunding the 2012 Bonds; (b) the total net interest cost to maturity on the Bonds plus the principal amount of the Bonds will not exceed the total net interest cost to maturity of the 2012 Bonds plus the principal amount of the 2012 Bonds (by reason of the requirement for sale of the Bonds in clause (d) of Section 10 below); (c) the Bonds satisfy the requirements of Section 53345.8(a) of the Act in that the assessed value of the real property in the District is more than three times the principal amount of the Bonds, based upon the assessed value of the real property in the District as determined by reference to the Riverside County Assessor's records; (d) the Bonds, when issued pursuant to the Fiscal Agent Agreement, will be in accordance with the Local Goals and Policies for Community Facilities Districts, adopted by the Board of Directors on April 24, 2001; and (e) the Bonds are in accordance with Section IX of the City of Temecula's Annual Operating Budget of Fiscal Year 2021-22 regarding Capital Financing and Debt Management (the "Debt Policies"), and the Board of Directors hereby adopts the Debt Policies as the debt policies for the Authority. For purposes of Section 53363.2 of the Act: (i) it is expected that the purchase of the Bonds will occur on or after May 11, 2022, (ii) the date, denomination, maturity dates, places of payment and form of the Bonds shall be as set forth in the Fiscal Agent Agreement, (iii) the minimum rate of interest to be paid on the Bonds shall be one-half of one percent (0.5%) with the actual rate or rates to be set forth in the Fiscal Agent Agreement as executed, (iv) the place of payment for the 2012 Bonds shall be as set forth in the fiscal agent agreement pursuant to which the 2012 Bonds were issued (the "Prior Fiscal Agent Agreement"); and (v) the designated costs of issuing the Bonds shall be as described in Section 53363.8(a) of the Act, and as otherwise described in the Fiscal Agent Agreement hereafter approved, in the Official Statement for the Bonds and the closing certificates for the Bonds, including Bond Counsel, Disclosure Counsel and City Attorney (including the City Attorney's roll as the Authority's General Counsel), fees and expenses, Underwriter's discount, municipal advisor fees and expenses, printing costs for the Official Statement, initial fiscal agent fees and expenses, escrow bank fees and costs of City staff incurred in connection with the sale and issuance of the Bonds. Section 9. The Fiscal Agent Agreement with respect to the Bonds, in the form presented to the Board of Directors at this meeting, is hereby approved. The Executive Director, the Assistant Executive Director and the Treasurer (each a "Designated Officer"), each acting alone, are hereby authorized and directed to execute and deliver the Fiscal Agent Agreement in said form, with such additions thereto or changes therein as are approved by the Designated Officer executing the Fiscal Agent Agreement upon consultation with the Authority's General Counsel and Bond Counsel, the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Fiscal Agent Agreement by a Designated Officer. The date, manner of payment, interest rate or rates, interest payment dates, denominations, form, registration privileges, manner of execution, place of payment, terms of redemption and other terms of the Bonds shall be as provided in the Fiscal Agent Agreement as finally executed. Section 10. The Purchase Contract between the Authority and Stifel, Nicolaus & Company, Incorporated (the "Underwriter"), in the form presented to the Board of Directors at this meeting, is hereby approved. The Executive Director and the Treasurer, each acting alone, are hereby authorized and directed to accept the offer of the Underwriter to purchase the Bonds contained in the Purchase Contract; provided that (a) the aggregate principal amount of the Bonds sold thereby is not in excess of $17,000,000, (b) the true interest cost of the Bonds is not in excess of 5.00%, (c) the underwriter's discount is not in excess of 1.10% of the aggregate principal amount of the Bonds, and (d) the requirements of clause (b) of the second paragraph of Section 6 above are satisfied. The Designated Officers, each acting alone, are hereby authorized and directed to execute and deliver the Purchase Contract in said form (if the requirements of the preceding sentence are satisfied), with such additions thereto or changes therein as are recommended or approved by the Designated Officer executing such document upon consultation with the Authority's General Counsel and Bond Counsel, the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Purchase Contract by a Designated Officer. Section 11. The Preliminary Official Statement, in the form presented to the Board of Directors at this meeting, is hereby approved. The Designated Officers are hereby authorized and directed, for and in the name and on behalf of the Authority, to make changes to the Preliminary Official Statement prior to its dissemination to prospective investors, and to bring the Preliminary Official Statement into the form of a final official statement (the "Official Statement") including such additions thereto or changes therein as are recommended or approved by any such officer upon consultation with the Authority's General Counsel and Disclosure Counsel. The Executive Director is hereby authorized and directed to execute and deliver the Official Statement. The Underwriter is hereby authorized to distribute copies of the Preliminary Official Statement to persons who may be interested in the purchase of the Bonds and is directed to deliver copies of the Official Statement to all actual purchasers of the Bonds. 3 The Designated Officers, each acting alone, are hereby authorized to execute a certificate or certificates to the effect that the Official Statement and the Preliminary Official Statement were deemed "final" as of their respective dates for purposes of Rule 15c2-12 of the Securities Exchange Act of 1934, and is authorized to so deem such statements final. Section 12. The Continuing Disclosure Agreement related to the Bonds, in the form appended to the Preliminary Official Statement, is hereby approved. The Designated Officers, each acting alone, are hereby authorized and directed, for and in the name of and on behalf of the Authority, to execute and deliver the Continuing Disclosure Agreement in said form, with such additions thereto or changes therein as are deemed necessary, desirable or appropriate by the Designated Officer executing the Continuing Disclosure Agreement, upon consultation with the Authority's General Counsel and Disclosure Counsel, the approval of such changes to be conclusively evidenced by the execution and delivery by a Designated Officer of the Continuing Disclosure Agreement. Section 13. The Board of Directors hereby approves the refunding of the 2012 Bonds with the proceeds of the Bonds, in accordance with the provisions of the Prior Fiscal Agent Agreement and the Escrow Agreement between the Authority and U.S. Bank Trust Company, National Association, as Escrow Bank. The Board of Directors hereby approves the Escrow Agreement in the form presented to the Board of Directors at this meeting. The Designated Officers, each acting alone, are hereby authorized and directed, for and in the name of and on behalf of the Authority, to execute and deliver the Escrow Agreement in said form, with such additions thereto or changes therein as are deemed necessary, desirable or appropriate by the Designated Officer executing the Escrow Agreement upon consultation with the Authority's General Counsel and Bond Counsel, the approval of such changes to be conclusively evidenced by the execution and delivery by a Designated Officer of the Escrow Agreement. Section 14. The Authority hereby covenants, for the benefit of the Bondowners, to commence and diligently pursue to completion any foreclosure action regarding delinquent installments of any amount levied as a special tax for the payment of interest or principal of the Bonds, said foreclosure action to be commenced and pursued as more completely set forth in the Fiscal Agent Agreement. Section 15. The Bonds, when executed, shall be delivered to the Fiscal Agent (as defined in the Fiscal Agent Agreement) for authentication. The Fiscal Agent is hereby requested and directed to authenticate the Bonds by executing the Fiscal Agent's certificate of authentication and registration appearing thereon, and to deliver the Bonds, when duly executed and authenticated, to the Underwriter in accordance with written instructions executed on behalf of the Authority by the Executive Director, which instructions such officer is hereby authorized and directed, for and in the name and on behalf of the Authority, to execute and deliver to the Fiscal Agent. Such instructions shall provide for the delivery of the Bonds to the Underwriter upon payment of the purchase price therefor. Section 16. All actions heretofore taken by the officers and agents of the Authority with respect to the sale and issuance of the Bonds and the refunding of the 2012 Bonds are hereby approved, confirmed and ratified, and the proper officers of the Authority are hereby authorized and directed to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents (including but not limited to those related to bond insurance and a reserve fund insurance policy for the Bonds) which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Bonds and the refunding of the 2012 Bonds in accordance with this Resolution, and any certificate, agreement, and other document described in the documents herein approved. Section 17. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 26th day of April, 2022. ATTEST: Randi Johl, Secretary [SEAL] Matt Rahn, Chair 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 2022- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 26th day of April, 2022, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary EXHIBIT A GOVERNMENT CODE SECTION 5852.1 DISCLOSURE The following information consists of estimates that have been provided by Fieldman, Rolapp & Associates, Inc., the Authority's Municipal Advisor, which have been represented to have been provided in good faith: (A) True Interest Cost of the Bonds: 3.16% (B) Finance Charges: $543,961 (C) Net Proceeds to be Received: $15,289,455 (net of Finance Charges, reserves or capitalized interest) (D) Total Payment Amount through Maturity (sum of all Bond debt service): $19,724,425 The foregoing estimates constitute good faith estimates only and are based on market conditions prevailing at the time of preparation of such estimates on March 28, 2022. The principal amount of the Bonds, the true interest cost of the Bonds, the finance charges thereof, the amount of proceeds received therefrom and total payment amount with respect thereto may differ from such good faith estimates due to (a) the actual date of the sale of the Bonds being different than the date used for purposes of such estimates, (b) the actual principal amount of Bonds sold being different from the estimated amount used for purposes of such estimates, (c) the actual principal amortization of the Bonds being different than the amortization assumed for purposes of such estimates, (d) the actual market interest rates on the Bonds at the time of sale of the Bonds being different than those estimated for purposes of such estimates, (e) other market conditions, or (f) alterations in the Authority's financing plan, or a combination of such factors. The actual date of sale of the Bonds and the actual principal amount of the Bonds sold will be determined based on the timing of the need for proceeds of the Bonds and other factors. The actual interest rates on the Bonds will depend on market interest rates at the time of sale thereof. The actual amortization of the principal of the Bonds will also depend, in part, on market interest rates at the time of sale thereof. Market interest rates are affected by economic and other factors beyond the control of the Authority. Quint & Thimmig LLP 2/28/22 3/10/22 FISCAL AGENT AGREEMENT by and between the TEMECULA PUBLIC FINANCING AUTHORITY and U. S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Fiscal Agent dated as of June 1, 2022 relating to: Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) 2022 Special Tax Refunding Bonds 20009.19:J18099 TABLE OF CONTENTS ARTICLE I STATUTORY AUTHORITY AND DEFINITIONS Section 1.01. Authority for this Agreement......................................................................................................................... 3 Section 1.02. Agreement for Benefit of Owners of the Bonds........................................................................................... 3 Section1.03. Definitions......................................................................................................................................................... 3 ARTICLE II THE 2022 BONDS Section 2.01. Principal Amount; Designation...................................................................................................................12 Section 2.02. Terms of the 2022 Bonds...............................................................................................................................12 Section2.03. Redemption.....................................................................................................................................................13 Section2.04. Form of Bonds................................................................................................................................................15 Section2.05. Execution of Bonds........................................................................................................................................15 Section2.06. Transfer of Bonds...........................................................................................................................................16 Section2.07. Exchange of Bonds.........................................................................................................................................16 Section2.08. Bond Register..................................................................................................................................................16 Section2.09. Temporary Bonds...........................................................................................................................................16 Section 2.10. Bonds Mutilated, Lost, Destroyed or Stolen..............................................................................................17 Section2.11. Limited Obligation.........................................................................................................................................17 Section2.12. No Acceleration..............................................................................................................................................17 Section2.13. Book -Entry System.........................................................................................................................................17 ARTICLE III ISSUANCE OF 2022 BONDS Section 3.01. Issuance and Delivery of 2022 Bonds..........................................................................................................19 Section 3.02. Pledge of Special Tax Revenues...................................................................................................................19 Section3.03. Validity of Bonds............................................................................................................................................19 ARTICLE IV FUNDS AND ACCOUNTS Section 4.01. Application of Proceeds of Sale of 2022 Bonds and Other Moneys........................................................ 20 Section4.02. Improvement Fund........................................................................................................................................ 20 Section 4.03. Costs of Issuance Fund.................................................................................................................................. 21 Section4.04. Reserve Fund.................................................................................................................................................. 22 Section4.05. Bond Fund....................................................................................................................................................... 23 Section4.06. Special Tax Fund............................................................................................................................................ 24 Section 4.07. Administrative Expense Fund..................................................................................................................... 25 ARTICLE V OTHER COVENANTS OF THE AUTHORITY Section5.01. Punctual Payment.......................................................................................................................................... 27 Section5.02. Limited Obligation......................................................................................................................................... 27 Section 5.03. Extension of Time for Payment.................................................................................................................... 27 Section 5.04. Against Encumbrances.................................................................................................................................. 27 Section5.05. Books and Records......................................................................................................................................... 27 Section 5.06. Protection of Security and Rights of Owners............................................................................................. 27 Section5.07. Compliance with Act..................................................................................................................................... 27 Section 5.08. Collection of Special Tax Revenues............................................................................................................. 27 Section 5.09. Covenant to Foreclose................................................................................................................................... 28 Section 5.10. Further Assurances........................................................................................................................................ 29 Section 5.11. Private Activity Bond Limitations............................................................................................................... 29 Section 5.12. Federal Guarantee Prohibition..................................................................................................................... 29 Section5.13. Rebate Requirement....................................................................................................................................... 29 Section5.14. No Arbitrage................................................................................................................................................... 30 Section 5.15. Yield of the 2022 Bonds................................................................................................................................. 30 Section 5.16. Maintenance of Tax-Exemption................................................................................................................... 30 Section 5.17. Continuing Disclosure to Owners............................................................................................................... 30 Section 5.18. Reduction of Special Taxes........................................................................................................................... 30 Section 5.19. Limits on Special Tax Waivers and Bond Tenders.................................................................................... 30 Section5.20. No Additional Bonds..................................................................................................................................... 31 Section 5.21. Authority Bid at Foreclosure Sale................................................................................................................ 31 -i- ARTICLE VI INVESTMENTS, DISPOSITION OF INVESTMENT PROCEEDS, LIABILITY OF THE AUTHORITY Section 6.01. Deposit and Investment of Moneys in Funds............................................................................................ 32 Section6.02. Limited Obligation......................................................................................................................................... 33 Section 6.03. Liability of Authority..................................................................................................................................... 33 Section 6.04. Employment of Agents by Authority......................................................................................................... 34 ARTICLE VII THE FISCAL AGENT Section 7.01. Appointment of Fiscal Agent....................................................................................................................... 35 Section 7.02. Liability of Fiscal Agent................................................................................................................................ 36 Section7.03. Information..................................................................................................................................................... 37 Section 7.04. Notice to Fiscal Agent................................................................................................................................... 37 Section 7.05. Compensation, Indemnification.................................................................................................................. 38 ARTICLE VIII MODIFICATION OR AMENDMENT OF THIS AGREEMENT Section 8.01. Amendments Permitted................................................................................................................................ 39 Section8.02. Owners' Meetings.......................................................................................................................................... 39 Section 8.03. Procedure for Amendment with Written Consent of Owners................................................................ 40 Section8.04. Disqualified Bonds......................................................................................................................................... 40 Section 8.05. Effect of Supplemental Agreement............................................................................................................. 40 Section 8.06. Endorsement or Replacement of Bonds Issued After Amendments...................................................... 41 Section 8.07. Amendatory Endorsement of Bonds........................................................................................................... 41 ARTICLE IX MISCELLANEOUS Section 9.01. Benefits of Agreement Limited to Parties................................................................................................... 42 Section 9.02. Successor is Deemed Included in All References to Predecessor........................................................... 42 Section 9.03. Discharge of Agreement............................................................................................................................... 42 Section 9.04. Execution of Documents and Proof of Ownership by Owners............................................................... 43 Section 9.05. Waiver of Personal Liability......................................................................................................................... 43 Section 9.06. Notices to and Demands on Authority and Fiscal Agent........................................................................ 43 Section 9.07. State Reporting Requirements..................................................................................................................... 44 Section9.08. Partial Invalidity............................................................................................................................................. 45 Section9.09. Unclaimed Moneys........................................................................................................................................ 45 Section9.10. Applicable Law.............................................................................................................................................. 45 Section9.11. Conflict with Act............................................................................................................................................ 45 Section 9.12. Conclusive Evidence of Regularity............................................................................................................. 45 Section 9.13. Payment on Business Day............................................................................................................................. 45 Section9.14. Counterparts................................................................................................................................................... 46 EXHIBIT A — FORM OF 2022 BOND FISCAL AGENT AGREEMENT Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) 2022 Special Tax Refunding Bonds THIS FISCAL AGENT AGREEMENT (the "Agreement"), dated as of June 1, 2022, is by and between the Temecula Public Financing Authority, a joint exercise of powers authority organized and existing under and by virtue of the laws of the State of California (the "Authority") for and on behalf of the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) (the "District"), and U.S. Bank Trust Company, National Association, a national banking association duly organized and existing under the laws of the United States of America, as fiscal agent (the "Fiscal Agent"). RECITALS: WHEREAS, the Board of Directors of the Authority has formed the District under the provisions of the Mello -Roos Community Facilities Act of 1982, as amended (Section 53311, et seq. of the California Government Code) (the "Act") and Resolution No. TPFA 03-22 of the Board of Directors of the Authority adopted on October 28, 2003 (the "Resolution of Formation"); WHEREAS, the Board of Directors of the Authority, as the legislative body for the District, is authorized under the Act to levy special taxes to pay for the costs of the District and to authorize the issuance of bonds, including bonds to refund any bonds of the Authority for the District, secured by said special taxes under the Act; WHEREAS, under the provisions of the Act, on August 15, 2012 the Authority, for and on behalf of the District, issued $26,020,000 initial principal amount of its Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) 2012 Special Tax Refunding Bonds (the "2012 Bonds"), proceeds of which were used to refund bonds issued by the Authority for the District in 2003; WHEREAS, due to favorable interest rates in the financial markets, the Board of Directors of the Authority has determined to refund the 2012 Bonds in full; WHEREAS, under the provisions of the Act and Article 11, commencing with Section 53580, of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code (the "Refunding Law"), on April 26, 2022, the Board of Directors of the Authority adopted its Resolution No. TPFA 2022- (the "Resolution'), which resolution, among other matters, authorized the issuance of the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) 2022 Special Tax Refunding Bonds (the "2022 Bonds") to provide moneys to defease and currently refund in whole the outstanding 2012 Bonds and provided that said issuance would be in accordance with this Agreement, and authorized the execution hereof; WHEREAS, it is in the public interest and for the benefit of the Authority, the District, the persons responsible for the payment of special taxes to be levied in the District and the owners of the 2022 Bonds that the Authority enter into this Agreement to provide for the issuance of the 2022 Bonds, the disbursement of proceeds of the 2022 Bonds, the disposition of the special taxes securing the 2022 Bonds and the administration and payment of the 2022 Bonds; and -1- WHEREAS, the Authority has determined that all things necessary to cause the 2022 Bonds, when executed by the Authority for the District and issued as in the Act, the Refunding Law, the Resolution and this Agreement provided, to be legal, valid and binding and special obligations of the Authority for the District in accordance with their terms, and all things necessary to cause the creation, authorization, execution and delivery of this Agreement and the creation, authorization, execution and issuance of the 2022 Bonds, subject to the terms hereof, have in all respects been duly authorized. AGREEMENT: NOW, THEREFORE, in consideration of the covenants and provisions herein set forth and for other valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows: -2- ARTICLE I STATUTORY AUTHORITY AND DEFINITIONS Section 1.01. Authority for this Agreement. This Agreement is entered into pursuant to the provisions of the Act, the Refunding Law and the Resolution. Section 1.02. Agreement for Benefit of Owners of the Bonds. The provisions, covenants and agreements herein set forth to be performed by or on behalf of the Authority shall be for the equal benefit, protection and security of the Owners of the Bonds. All of the Bonds, without regard to the time or times of their issuance or maturity, shall be of equal rank without preference, priority or distinction of any of the Bonds over any other thereof, except as expressly provided in or permitted by this Agreement. Any action by any Owner to enforce the provisions of this Agreement shall be for the equal benefit and protection of all Owners of the Bonds. The Fiscal Agent may become the Owner of any of the Bonds in its own or any other capacity with the same rights it would have if it were not Fiscal Agent. Section 1.03. Definitions. Unless the context otherwise requires, the terms defined in this Section 1.03 shall, for all purposes of this Agreement, of any Supplemental Agreement, and of any certificate, opinion or other document herein mentioned, have the meanings herein specified. All references herein to "Articles," "Sections" and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Agreement, and the words "herein," "hereof," "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or subdivision hereof. "Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Sections 53311 et seq. of the California Government Code. "Administrative Expenses" means costs directly related to the administration of the District consisting of the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the Treasurer or designee thereof or both) and the costs of collecting the Special Taxes (whether by the County or otherwise); the costs of remitting the Special Taxes to the Fiscal Agent; fees and costs of the Fiscal Agent (including its legal counsel) in the discharge of the duties required of it under this Agreement; the costs of the Authority, the City or any designee of either the Authority or the City of complying with the disclosure provisions of the Act, the Continuing Disclosure Agreement and this Agreement, including those related to public inquiries regarding the Special Tax and disclosures to Bondowners and the Original Purchaser; the costs of the Authority, the City or any designee of either the Authority or the City related to an appeal of the Special Tax; any amounts required to be rebated to the federal government in order for the Authority to comply with Section 5.13; any fees or expenses of the Escrow Bank and any costs incurred by the Authority or the City (including fees and expenses of the Escrow Bank) under or in connection with the Escrow Agreement; an allocable share of the salaries of the City staff directly related to the foregoing and a proportionate amount of City general administrative overhead related thereto. Administrative Expenses shall also include amounts advanced by the Authority or the City for any administrative purpose of the District, including costs related to prepayments of Special Taxes, recordings related to such prepayments and satisfaction of Special Taxes, amounts advanced to ensure compliance with Section 5.13, administrative costs related to the administration of any joint community facilities agreement regarding the District, and the costs of commencing and pursuing foreclosure of delinquent Special Taxes. Administrative Expenses shall include any such expenses incurred in prior years but not yet paid. -3- "Administrative Expense Fund" means the fund by that name established by Section 4.07(A) hereof. "Agreement" means this Fiscal Agent Agreement, as it may be amended or supplemented from time to time by any Supplemental Agreement adopted pursuant to the provisions hereof. "Annual Debt Service" means, for each Bond Year, the sum of (i) the interest due on the Outstanding Bonds in such Bond Year, assuming that the Outstanding Bonds are retired as scheduled (including by reason of the provisions of Section 2.03(A)(ii) providing for mandatory sinking payments), and (ii) the principal amount of the Outstanding Bonds due in such Bond Year (including any mandatory sinking payment due in such Bond Year pursuant to Section 2.03(A)(ii)). "Auditor" means the auditor / controller of the County, or such other official at the County who is responsible for preparing property tax bills. "Authority" means the Temecula Public Financing Authority and any successor thereto. "Authority Attorney" means any attorney or firm of attorneys employed by the Authority or the City in the capacity of general counsel to the Authority. "Authorized Officer" means the Chair, Executive Director, Treasurer, Secretary or any other officer or employee of the Authority or the City authorized by the Board of Directors of the Authority or by an Authorized Officer to undertake the action referenced in this Agreement as required to be undertaken by an Authorized Officer. "Bond Counsel" means (i) Quint & Thimmig LLP, or (ii) any other attorney or firm of attorneys acceptable to the Authority and nationally recognized for expertise in rendering opinions as to the legality and tax-exempt status of securities issued by public entities. "Bond Fund" means the fund by that name established by Section 4.05(A) hereof. "Bond Register" means the books for the registration and transfer of Bonds maintained by the Fiscal Agent under Section 2.08 hereof. 'Bond Year' means the one-year period beginning on September 2nd in each year and ending on September 1st in the following year, except that the first Bond Year shall begin on the Closing Date and end on September 1, 2022. "Bonds" means the 2022 Bonds at any time Outstanding under this Agreement or any Supplemental Agreement. "Business Day" means any day other than (i) a Saturday or a Sunday, or (ii) a day on which banking institutions in the state in which the Fiscal Agent has its Principal Office are authorized or obligated by law or executive order to be closed. "CDIAC" means the California Debt and Investment Advisory Commission of the office of the State Treasurer of the State of California or any successor agency or bureau thereto. "CC" means the City of Temecula, California. -4- "Closing Date" means June J 2022, being the date upon which there is a physical delivery of the 2022 Bonds in exchange for the amount representing the purchase price of the 2022 Bonds by the Original Purchaser. "Code" means the Internal Revenue Code of 1986 as in effect on the date of issuance of the 2022 Bonds or (except as otherwise referenced herein) as it may be amended to apply to obligations issued on the date of issuance of the 2022 Bonds, together with applicable proposed, temporary and final regulations promulgated, and applicable official public guidance published, under the Code. "Continuing Disclosure Agreement" means that certain Continuing Disclosure Agreement, dated as of June 1, 2022, between the Authority and Webb Municipal Finance, LLC, as dissemination agent, as originally executed and as it may be amended from time to time in accordance with the terms thereof. "Costs of Issuance" means items of expense payable or reimbursable directly or indirectly by the Authority or the City and related to the authorization, sale and issuance of the 2022 Bonds and the refunding and defeasance of the 2012 Bonds, which items of expense shall include, but not be limited to, printing costs, costs of reproducing and binding documents, closing costs, filing and recording fees, initial fees and charges of the Fiscal Agent including its first annual administration fee, fees and expenses of Fiscal Agent's counsel, expenses incurred by the City or the Authority in connection with the issuance of the 2022 Bonds and the refunding and defeasance of the 2012 Bonds, Escrow Bank fees and expenses, special tax consultant fees and expenses, bond (underwriter's) discount, legal fees and charges, including bond counsel and disclosure counsel, municipal advisor fees and expenses, charges for execution, transportation and safekeeping of the 2022 Bonds, and other costs, charges and fees in connection with the foregoing. "Costs of Issuance Fund" means the fund by that name established by Section 4.03(A) hereof. "Coup " means the County of Riverside, California. "DTC" means The Depository Trust Company, New York, New York, and its successors and assigns. "Debt Service" means the scheduled amount of interest and amortization of principal (including principal payable by reason of Section 2.03(A)(ii)) on the Bonds during the period of computation, excluding amounts scheduled during such period which relate to principal which has been retired before the beginning of such period. "Depository" means (a) initially, DTC, and (b) any other Securities Depository acting as Depository pursuant to Section 2.13. "District" means the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek), formed by the Authority under the Act and the Resolution of Formation. "Escrow Agreement" means the Escrow Agreement, dated as of June 1, 2022, by and between the Authority and the Escrow Bank. "Escrow Bank" means U.S. Bank Trust Company, National Association, in its capacity as escrow bank under the Escrow Agreement. -5- "Fair Market Value" means the price at which a willing buyer would purchase the investment from a willing seller in a bona fide, arm's length transaction (determined as of the date the contract to purchase or sell the investment becomes binding) if the investment is traded on an established securities market (within the meaning of section 1273 of the Code) and, otherwise, the term "Fair Market Value" means the acquisition price in a bona fide arm's length transaction (as referenced above) if (i) the investment is a certificate of deposit that is acquired in accordance with applicable regulations under the Code, (ii) the investment is an agreement with specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate (for example, a guaranteed investment contract, a forward supply contract or other investment agreement) that is acquired in accordance with applicable regulations under the Code, (iii) the investment is a United States Treasury Security --State and Local Government Series that is acquired in accordance with applicable regulations of the United States Bureau of Public Debt, or (iv) the investment is the Local Agency Investment Fund of the State of California but only if at all times during which the investment is held its yield is reasonably expected to be equal to or greater than the yield on a reasonably comparable direct obligation of the United States. "Federal Securities" means any of the following which are non -callable and which at the time of investment are legal investments under the laws of the State of California for funds held by the Fiscal Agent: (i) direct general obligations of the United States of America (including obligations issued or held in book entry form on the books of the United States Department of the Treasury) and obligations, the payment of principal of and interest on which are directly or indirectly guaranteed by the United States of America, including, without limitation, such of the foregoing which are commonly referred to as "stripped" obligations and coupons; or (ii) any of the following obligations of the following agencies of the United States of America: (a) direct obligations of the Export -Import Bank, (b) certificates of beneficial ownership issued by the Farmers Home Administration, (c) participation certificates issued by the General Services Administration, (d) mortgage -backed bonds or pass - through obligations issued and guaranteed by the Government National Mortgage Association, (e) project notes issued by the United States Department of Housing and Urban Development, and (f) public housing notes and bonds guaranteed by the United States of America. "Fiscal Agent" means the Fiscal Agent appointed by the Authority and acting as an independent fiscal agent with the duties and powers herein provided, its successors and assigns, and any other corporation or association which may at any time be substituted in its place, as provided in Section 7.01. "Fiscal Year" means the twelve-month period extending from July 1 in a calendar year to June 30 of the succeeding year, both dates inclusive. "Improvement Fund" means the fund by that name created by and held by the Fiscal Agent pursuant to Section 4.02(A) hereof. "Independent Financial Consultant" means any consultant or firm of such consultants appointed by the Authority, the City or the Treasurer, and who, or each of whom: (i) is judged by the person or entity that approved them to have experience in matters relating to the issuance and / or administration of bonds under the Act; (ii) is in fact independent and not under the domination of the Authority; (iii) does not have any substantial interest, direct or indirect, with or in the Authority, or any owner of real property in the District, or any real property in the M District; and (iv) is not connected with the City or the Authority as an officer or employee of the City or the Authority, but who may be regularly retained to make reports to the City or the Authority. "Information Services" means the Electronic Municipal Market Access System (referred to as "EMMA"), a facility of the Municipal Securities Rulemaking Board (at http:/ /emma.msrb.org); and, in accordance with then current guidelines of the Securities and Exchange Commission, such other addresses and / or such services providing information with respect to called bonds as the Authority may designate in an Officer's Certificate delivered to the Fiscal Agent. "Interest Payment Dates" means March 1 and September 1 of each year, commencing March 1, 2023. "Maximum Annual Debt Service" means the largest Annual Debt Service for any Bond Year after the calculation is made through the final scheduled maturity date of any Outstanding Bonds. "Moody's" means Moody's Investors Service, and any successor thereto. "Officer's Certificate" means a written certificate of the Authority signed by an Authorized Officer of the Authority. "Ordinance" means Ordinance No. TPFA 03-02, adopted by the Board of Directors of the Authority on November 18, 2003, and any other ordinance of the Authority levying the Special Taxes. "Original Purchaser" means Stifel Nicolaus & Company, Incorporated, the first purchaser of the 2022 Bonds from the Authority. "Outstanding," when used as of any particular time with reference to Bonds, means (subject to the provisions of Section 8.04) all Bonds except: (i) Bonds theretofore canceled by the Fiscal Agent or surrendered to the Fiscal Agent for cancellation; (ii) Bonds paid or deemed to have been paid within the meaning of Section 9.03; and (iii) Bonds in lieu of or in substitution for which other Bonds shall have been authorized, executed, issued and delivered by the Authority pursuant to this Agreement or any Supplemental Agreement. "Owner" or "Bondowner" means any person who is the registered owner of any particular Outstanding Bond. "Participating Underwriter" shall have the meaning ascribed thereto in the Continuing Disclosure Agreement. "Permitted Investments" means any of the following, but only to the extent that the same are acquired at Fair Market Value: (a) Federal Securities. (b) Registered state warrants or treasury notes or bonds of the State of California (the "State"), including bonds payable solely out of the revenues from a revenue - producing property owned, controlled, or operated by the State or by a department, board, agency, or authority of the State, which are rated in one of the two highest short- -7- term or long-term rating categories by either Moody's or S&P, and which have a maximum term to maturity not to exceed three years. (c) Time certificates of deposit or negotiable certificates of deposit issued by a state or nationally chartered bank or trust company, or a state or federal savings and loan association which may include the Fiscal Agent and its affiliates; provided, that the certificates of deposit shall be one or more of the following: continuously and fully insured by the Federal Deposit Insurance Corporation, and / or continuously and fully secured by securities described in subdivision (a) or (b) of this definition of Permitted Investments which shall have a market value, as determined on a marked -to -market basis calculated at least weekly, and exclusive of accrued interest, or not less than 102 percent of the principal amount of the certificates on deposit. (d) Commercial paper which at the time of purchase is of "prime" quality of the highest ranking or of the highest letter and numerical rating as provided by either Moody's or S&P, which commercial paper is limited to issuing corporations that are organized and operating within the United States of America and that have total assets in excess of five hundred million dollars ($500,000,000) and that have an "A" or higher rating for the issuer's debentures, other than commercial paper, by either Moody's or S&P, provided that purchases of eligible commercial paper may not exceed 180 days' maturity nor represent more than 10 percent of the outstanding commercial paper of an issuing corporation. Purchases of commercial paper may not exceed 20 percent of the total amount invested pursuant to this definition of Permitted Investments. (e) A repurchase agreement with a state or nationally charted bank or trust company or a national banking association or government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York, provided that all of the following conditions are satisfied: (1) the agreement is secured by any one or more of the securities described in subdivision (a) of this definition of Permitted Investments, (2) the underlying securities are required by the repurchase agreement to be held by a bank, trust company, or primary dealer having a combined capital and surplus of at least one hundred million dollars ($100,000,000) and which is independent of the issuer of the repurchase agreement, and (3) the underlying securities are maintained at a market value, as determined on a marked -to -market basis calculated at least weekly, of not less than 103 percent of the amount so invested. (f) An investment agreement or guaranteed investment contract with, or guaranteed by, a financial institution the long-term unsecured obligations of which are rated Aa2 and "AA" or better, respectively, by Moody's and S&P at the time of initial investment. The investment agreement shall be subject to a downgrade provision with at least the following requirements: (1) the agreement shall provide that within five business days after the financial institution's long-term unsecured credit rating has been withdrawn, suspended, other than because of general withdrawal or suspension by Moody's or S&P from the practice of rating that debt, or reduced below "AA-" by S&P or below "Aa3" by Moody's (these events are called "rating downgrades") the financial institution shall give notice to the Authority and, within the five-day period, and for as long as the rating downgrade is in effect, shall deliver in the name of the Authority or the Fiscal Agent to the Authority or the Fiscal Agent Federal Securities allowed as investments under subdivision (a) of this definition of Permitted Investments with aggregate current market value equal to at least 105 percent of the principal amount of the investment agreement invested with the financial institution at that time, and shall deliver additional allowed federal securities as needed to maintain an aggregate current market value equal to at least 105 percent of the principal amount of the investment agreement BE within three days after each evaluation date, which shall be at least weekly, and (2) the agreement shall provide that, if the financial institution's long-term unsecured credit rating is reduced below "AY' by Moody's or below "A-" by S&P, the Fiscal Agent or the Authority may, upon not more than five business days' written notice to the financial institution, withdraw the investment agreement, with accrued but unpaid interest thereon to the date, and terminate the agreement. (g) The Local Agency Investment Fund of the State of California. (h) Investments in a money market fund (including any funds of the Fiscal Agent or its affiliates and including any funds for which the Fiscal Agent or its affiliates provides investment advisory or other management services) rated in the highest rating category (without regard to plus (+) or minus (-) designations) by Moody's or S&P. (i) Money market deposit accounts, time deposits and certificates of deposits, issued by commercial banks (including those of the Fiscal Agent, its parent and its affiliates), savings and loan associations or mutual savings banks whose short-term obligations of which are rated on the date of purchase "A-1" or better by S&P and "P-1" by Moody's. (j) Any other lawful investment for Authority funds. "Principal Office" means the corporate trust office of the Fiscal Agent set forth in Section 9.06, except for the purpose of maintenance of the Bond Register and presentation of Bonds for payment, transfer or exchange, such term shall mean the office at which the Fiscal Agent conducts its corporate agency business, or such other or additional offices as may be designated by the Fiscal Agent. "Project" means the facilities eligible to be funded by the District, as more particularly described in the Resolution of Formation. "Rate and Method of Apportionment of Special Taxes" means the rate and method of apportionment of special taxes for the District, as approved pursuant to the Resolution of Formation, and as it may be modified from time to time in accordance with the Act. "Record Date" means the fifteenth day of the month next preceding the month of the applicable Interest Payment Date, whether or not such day is a Business Day. "Refunding Bonds" means bonds issued by the Authority for the District the net proceeds of which are used to refund all or a portion of the then Outstanding Bonds; provided that the debt service on the Refunding Bonds in any Bond Year is not in excess of the debt service on the Bonds being refunded and the final maturity of the Refunding Bonds is not later than the final maturity of the Bonds being refunded. "Refunding Law" means Article 11, commencing with Section 53580, of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code. "Reserve Fund" means the fund by that name established pursuant to Section 4.04(A) hereof. "Reserve Requirement" means, as of any date of calculation, an amount equal to twenty- five percent (25%) of the then Maximum Annual Debt Service. The Reserve Requirement as of the Closing Date is $ 0 "Resolution" means Resolution No. TPFA 2022 adopted by the Board of Directors of the Authority on April 26, 2022. "Resolution of Formation" means Resolution No. TPFA 03-22, adopted by the Board of Directors of the Authority on October 28, 2003. "S&P" means Standard & Poor's Ratings Services, a Standard & Poor's Financial Services LLC business, and any successor thereto. "Securities Depositories" means The Depository Trust Company, 55 Water Street, New York, New York 10041-0099, Fax (212) 855-7232; and, in accordance with then current guidelines of the Securities and Exchange Commission, such other addresses and / or such other securities depositories as the Authority may designate in an Officer's Certificate delivered to the Fiscal Agent. "Special Tax A" shall have the meaning given such term in the Rate and Method of Apportionment of Special Taxes. "Special Tax Fund" means the fund by that name established by Section 4.06(A) hereof. "Special Tax Prepayments" means the proceeds of any prepayments of Special Tax A received by the Authority, as calculated pursuant to the Rate and Method of Apportionment of the Special Taxes, less any administrative fees or penalties collected as part of any such prepayment. "Special Tax Prepayments Account" means the account by that name established within the Bond Fund by Section 4.05(A) hereof. "Special Tax Revenues" means the proceeds of the Special Taxes received by the Authority, including any scheduled payments and any prepayments thereof, interest thereon and proceeds of the redemption or sale of property sold as a result of foreclosure of the lien of the Special Taxes to the amount of said lien and interest thereon. "Special Tax Revenues" does not include any penalties collected in connection with delinquent Special Taxes, which amounts may be deposited to the Administrative Expense Fund or otherwise disposed of as determined by the Treasurer consistent with any applicable provisions of the Act. "Special Taxes" means the Special Tax A levied within the District pursuant to the Act, the Ordinance and this Agreement. "Supplemental Agreement" means an agreement the execution of which is authorized by a resolution which has been duly adopted by the Authority under the Act and which agreement is amendatory of or supplemental to this Agreement, but only if and to the extent that such agreement is specifically authorized hereunder. "Tax Consultant" means any independent financial or tax consultant retained by the Authority or the City for the purpose of computing the Special Taxes. "Treasurer" means the Treasurer of the Authority or such other officer or employee of the Authority performing the functions of the chief financial officer of the Authority. "2012 Bonds" means the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) 2012 Special Tax Refunding Bonds. -10- "2022 Bonds" means the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) 2022 Special Tax Refunding Bonds authorized to be issued under Section 2.01 hereof. -11- ARTICLE II THE 2022 BONDS Section 2.01. Principal Amount; Designation. 2022 Bonds in the aggregate principal amount of Million Thousand Dollars ($ ) are authorized to be issued by the Authority for the District under and subject to the terms of the Resolution and this Agreement, the Act, the Refunding Law and other applicable laws of the State of California. The 2022 Bonds are hereby designated as the "Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) 2022 Special Tax Refunding Bonds." Section 2.02. Terms of the 2022 Bonds. (A) Form; Denominations. The 2022 Bonds shall be issued in fully registered form without coupons in the denomination of $5,000 or any integral multiple in excess thereof. (B) Date of 2022 Bonds. The 2022 Bonds shall be dated the Closing Date. (C) CUSIP Identification Numbers. "CUSIP" identification numbers shall be imprinted on the 2022 Bonds, but such numbers shall not constitute a part of the contract evidenced by the 2022 Bonds and any error or omission with respect thereto shall not constitute cause for refusal of any purchaser to accept delivery of and pay for the 2022 Bonds. In addition, failure on the part of the Authority or the Fiscal Agent to use such CUSIP numbers in any notice to Owners shall not constitute an event of default or any violation of the Authority's contract with such Owners and shall not impair the effectiveness of any such notice. (D) Maturities, Interest Rates. The 2022 Bonds shall mature and become payable on September 1 in each of the years, and shall bear interest at the rates per annum as follows: Maturity Date (September 1) Principal Amount Interest Rate -12- (E) Interest. The 2022 Bonds shall bear interest at the rates set forth above payable on the Interest Payment Dates in each year. Interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months. Each 2022 Bond shall bear interest from the Interest Payment Date next preceding the date of authentication thereof unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest from such date of authentication, or (ii) it is authenticated prior to an Interest Payment Date and after the close of business on the Record Date preceding such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (iii) it is authenticated prior to the Record Date preceding the first Interest Payment Date, in which event it shall bear interest from the Closing Date; provided, however, that if at the time of authentication of a 2022 Bond, interest is in default thereon, such 2022 Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon. (F) Method of Payment. Interest on the 2022 Bonds (including the final interest payment upon maturity or earlier redemption) is payable by check of the Fiscal Agent mailed on the Interest Payment Dates by first class mail to the registered Owner thereof at such registered Owner's address as it appears on the Bond Register maintained by the Fiscal Agent at the close of business on the Record Date preceding the Interest Payment Date, or by wire transfer (i) to the Depository (so long as the Bonds are in book -entry form pursuant to Section 2.13), or (ii) to an account within the United States made on such Interest Payment Date upon written instructions of any Owner of $1,000,000 or more in aggregate principal amount of Bonds received before the applicable Record Date, which instructions shall continue in effect until revoked in writing, or until such Bonds are transferred to a new Owner. The principal of the 2022 Bonds and any premium on the 2022 Bonds are payable by check in lawful money of the United States of America upon surrender of the 2022 Bonds at the Principal Office of the Fiscal Agent. All 2022 Bonds paid by the Fiscal Agent pursuant to this Section shall be canceled by the Fiscal Agent. The Fiscal Agent shall destroy the canceled 2022 Bonds and issue a certificate of destruction thereof to the Authority upon the Authority's request. Section 2.03. Redemption (A) Redemption Dates. (i) No Optional Redemption. The 2022 Bonds are not subject to optional redemption prior to their stated maturities. (ii) Mandatory Sinking Payment Redemption. The 2022 Bonds maturing on September 1, are subject to mandatory sinking payment redemption in part on September 1, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking payments as follows: Redemption Date (September 1) Sinking Payments The amounts in the foregoing table shall be reduced to the extent practicable so as to maintain level debt service on the 2022 Bonds, as a result of any prior partial redemption of the 2022 Bonds pursuant to Section 2.03(A)(iii) below, as specified in writing by the Treasurer to the Fiscal Agent. -13- (iii) Redemption From Special Tax Prepayments. Special Tax Prepayments and any corresponding transfers from the Reserve Fund pursuant to Section 4.05(B)(ii) and Section 4.04(F), respectively, shall be used to redeem 2022 Bonds on the next Interest Payment Date for which notice of redemption can timely be given under Section 2.03(D), by lot and allocated among maturities of the 2022 Bonds as provided in Section 2.03(D), at a redemption price (expressed as a percentage of the principal amount of the 2022 Bonds to be redeemed), as set forth below, together with accrued interest to the date fixed for redemption: Redemption Dates Redemption Prices any Interest Payment Date to and including % March 1, September 1, and March 1, September 1, and March 1, September 1, and thereafter (B) Notice to Fiscal Agent. The Authority shall give the Fiscal Agent written notice of its intention to redeem 2022 Bonds pursuant to subsection (A)(iii) not less than forty-five (45) days prior to the applicable redemption date, or such lesser number of days as the Fiscal Agent shall allow. No notice need be given by the Authority to the Fiscal Agent of a redemption of 2022 Bonds pursuant to subsection (A)(ii) above. (C) Purchase of Bonds in Lieu of Redemption. In lieu of redemption under Section 2.03(A)(ii) or (iii), moneys in the Bond Fund may be used and withdrawn by the Fiscal Agent for purchase of Outstanding 2022 Bonds, upon the filing with the Fiscal Agent of an Officer's Certificate requesting such purchase prior to the selection of 2022 Bonds for redemption, at public or private sale as and when, and at such prices (including brokerage and other charges) as such Officer's Certificate may provide, but in no event may 2022 Bonds be purchased at a price in excess of the principal amount thereof, plus interest accrued to the date of purchase and any premium which would otherwise be due if such 2022 Bonds were to be redeemed in accordance with this Agreement. (D) Redemption Procedure by Fiscal Agent. The Fiscal Agent shall cause notice of any redemption to be mailed by first class mail, postage prepaid, at least thirty (30) days but not more than sixty (60) days prior to the date fixed for redemption, to the Securities Depositories, to one or more Information Services (or by such other means as permitted by such services), and to the respective registered Owners of any 2022 Bonds designated for redemption, at their addresses appearing on the Bond Register; but such mailing shall not be a condition precedent to such redemption and failure to mail or to receive any such notice, or any defect therein, shall not affect the validity of the proceedings for the redemption of such 2022 Bonds. Such notice shall state the redemption date and the redemption price and, if less than all of the then Outstanding 2022 Bonds are to be called for redemption, shall designate the CUSIP numbers and Bond numbers of the 2022 Bonds to be redeemed by giving the individual CUSIP number and Bond number of each 2022 Bond to be redeemed or shall state that all 2022 Bonds between two stated Bond numbers, both inclusive, are to be redeemed or that all of the 2022 Bonds of one or more maturities have been called for redemption, shall state as to any 2022 Bond called in part the principal amount thereof to be redeemed, and shall require that such 2022 Bonds be then surrendered at the Principal Office of the Fiscal Agent for redemption at the said redemption price, and shall state that further interest on such 2022 Bonds will not accrue from and after the redemption date. -14- Upon the payment of the redemption price of 2022 Bonds being redeemed, each check or other transfer of funds issued for such purpose shall, to the extent practicable, bear the CUSIP number identifying, by issue and maturity, of the 2022 Bonds being redeemed with the proceeds of such check or other transfer. Whenever provision is made in this Agreement for the redemption of less than all of the 2022 Bonds or any given portion thereof, the Fiscal Agent shall select the 2022 Bonds to be redeemed, from all 2022 Bonds or such given portion thereof not previously called for redemption, among maturities as directed in writing by the Treasurer (who shall specify 2022 Bonds to be redeemed so as to maintain substantially level debt service on the Bonds), and by lot within a maturity in any manner which the Fiscal Agent deems appropriate. Upon surrender of 2022 Bonds redeemed in part only, the Authority shall execute and the Fiscal Agent shall authenticate and deliver to the registered Owner, at the expense of the Authority, a new 2022 Bond or 2022 Bonds, of the same series and maturity, of authorized denominations in aggregate principal amount equal to the unredeemed portion of the 2022 Bond or 2022 Bonds. (E) Effect of Redemption. From and after the date fixed for redemption, if funds available for the payment of the principal of, and interest and any premium on, the 2022 Bonds so called for redemption shall have been deposited in the Bond Fund, such 2022 Bonds so called shall cease to be entitled to any benefit under this Agreement other than the right to receive payment of the redemption price, and no interest shall accrue thereon on or after the redemption date specified in such notice. All 2022 Bonds redeemed and purchased by the Fiscal Agent pursuant to this Section, and any 2022 Bonds paid at maturity, shall be canceled by the Fiscal Agent. The Fiscal Agent shall destroy the canceled 2022 Bonds and, upon written request of the Authority, issue a certificate of destruction thereof to the Authority. Section 2.04. Form of Bonds. The 2022 Bonds, the form of Fiscal Agent's certificate of authentication and the form of assignment, to appear thereon, shall be substantially in the forms, respectively, set forth in Exhibit A attached hereto and by this reference incorporated herein, with necessary or appropriate variations, omissions and insertions, as permitted or required by this Agreement, the Resolution and the Act. Section 2.05. Execution of Bonds. The Bonds shall be executed on behalf of the Authority by the manual or facsimile signatures of its Chair and Secretary who are in office on the date of adoption of this Agreement or at any time thereafter, and the seal of the Authority shall be impressed, imprinted or reproduced by facsimile signature thereon. If any officer whose signature appears on any Bond ceases to be such officer before delivery of the Bonds to the owner, such signature shall nevertheless be as effective as if the officer had remained in office until the delivery of the Bonds to the owner. Any Bond may be signed and attested on behalf of the Authority by such persons as at the actual date of the execution of such Bond shall be the proper officers of the Authority although at the nominal date of such Bond any such person shall not have been such officer of the Authority. Only such Bonds as shall bear thereon a certificate of authentication in substantially the form set forth in Exhibit A, executed and dated by the Fiscal Agent, shall be valid or obligatory for any purpose or entitled to the benefits of this Agreement, and such certificate of authentication of the Fiscal Agent shall be conclusive evidence that the Bonds registered hereunder have been duly authenticated, registered and delivered hereunder and are entitled to the benefits of this Agreement. -15- Section 2.06. Transfer of Bonds. Any Bond may, in accordance with its terms, be transferred, upon the Bond Register by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond for cancellation, accompanied by delivery of a duly written instrument of transfer in a form acceptable to the Fiscal Agent. The cost for any services rendered or any expenses incurred by the Fiscal Agent in connection with any such transfer shall be paid by the Authority. The Fiscal Agent shall collect from the Owner requesting such transfer any tax or other governmental charge required to be paid with respect to such transfer. Whenever any Bond or Bonds shall be surrendered for transfer, the Authority shall execute and the Fiscal Agent shall authenticate and deliver a new Bond or Bonds, for like aggregate principal amount of authorized denomination(s). No transfers of Bonds shall be required to be made (i) fifteen days prior to the date established by the Fiscal Agent for selection of Bonds for redemption, (ii) with respect to a Bond after such Bond has been selected for redemption, or (iii) between a Record Date and the succeeding Interest Payment Date. Section 2.07. Exchange of Bonds. Bonds may be exchanged at the Principal Office of the Fiscal Agent for a like aggregate principal amount of Bonds of authorized denominations and of the same series and maturity. The cost for any services rendered or any expenses incurred by the Fiscal Agent in connection with any such exchange shall be paid by the Authority. The Fiscal Agent shall collect from the Owner requesting such exchange any tax or other governmental charge required to be paid with respect to such exchange. No exchanges of Bonds shall be required to be made (i) fifteen days prior to the date established by the Fiscal Agent for selection of Bonds for redemption, (ii) with respect to a Bond after such Bond has been selected for redemption, or (iii) between a Record Date and the succeeding Interest Payment Date. Section 2.08. Bond Register. The Fiscal Agent will keep or cause to be kept, at its Principal Office sufficient books for the registration and transfer of the Bonds, which books shall show the series number, date, amount, rate of interest and last known Owner of each Bond and shall at all times be open to inspection by the Authority during regular business hours upon reasonable notice; and, upon presentation for such purpose, the Fiscal Agent shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said books, the ownership of the Bonds as hereinbefore provided. The Authority and the Fiscal Agent will treat the Owner of any Bond whose name appears on the Bond Register as the absolute Owner of such Bond for any and all purposes, and the Authority and the Fiscal Agent shall not be affected by any notice to the contrary. The Authority and the Fiscal Agent may rely on the address of the Bondowner as it appears in the Bond Register for any and all purposes. Section 2.09. Temporary Bonds. The Bonds may be initially issued in temporary form exchangeable for definitive Bonds when ready for delivery. The temporary Bonds may be printed, lithographed or typewritten, shall be of such authorized denominations as may be determined by the Authority, and may contain such reference to any of the provisions of this Agreement as may be appropriate. Every temporary Bond shall be executed by the Authority upon the same conditions and in substantially the same manner as the definitive Bonds. If the Authority issues temporary Bonds it will execute and furnish definitive Bonds without delay and thereupon the temporary Bonds shall be surrendered, for cancellation, in exchange for the -16- definitive Bonds at the Principal Office of the Fiscal Agent or at such other location as the Fiscal Agent shall designate, and the Fiscal Agent shall authenticate and deliver in exchange for such temporary Bonds an equal aggregate principal amount of definitive Bonds of authorized denominations. Until so exchanged, the temporary Bonds shall be entitled to the same benefits under to this Agreement as definitive Bonds authenticated and delivered hereunder. Section 2.10. Bonds Mutilated, Lost, Destroyed or Stolen. If any Bond shall become mutilated, the Authority, at the expense of the Owner of said Bond, shall execute, and the Fiscal Agent shall authenticate and deliver, a new Bond of like tenor and principal amount in exchange and substitution for the Bond so mutilated, but only upon surrender to the Fiscal Agent of the Bond so mutilated. Every mutilated Bond so surrendered to the Fiscal Agent shall be canceled by it and destroyed by the Fiscal Agent who shall deliver a certificate of destruction thereof to the Authority. If any Bond shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Fiscal Agent and, if such evidence be satisfactory to the Fiscal Agent and indemnity for the Authority and the Fiscal Agent satisfactory to the Fiscal Agent shall be given, the Authority, at the expense of the Owner, shall execute, and the Fiscal Agent shall authenticate and deliver, a new Bond of like tenor and principal amount in lieu of and in substitution for the Bond so lost, destroyed or stolen. The Authority may require payment of a sum not exceeding the actual cost of preparing each new Bond delivered under this Section and of the expenses which may be incurred by the Authority and the Fiscal Agent for the preparation, execution, authentication and delivery. Any Bond delivered under the provisions of this Section in lieu of any Bond alleged to be lost, destroyed or stolen shall constitute an original additional contractual obligation on the part of the Authority whether or not the Bond so alleged to be lost, destroyed or stolen is at any time enforceable by anyone, and shall be equally and proportionately entitled to the benefits of this Agreement with all other Bonds issued pursuant to this Agreement. Section 2.11. Limited Obligation. All obligations of the Authority under this Agreement and the Bonds shall be special obligations of the Authority, payable solely from the Special Tax Revenues and the funds pledged therefore hereunder. Neither the faith and credit nor the taxing power of the Authority (except with respect to the levy of Special Taxes in the District, to the limited extent set forth herein) or the State of California or any political subdivision thereof is pledged to the payment of the Bonds. The City has no obligation whatsoever under this Agreement or otherwise with respect to the Bonds. Section 2.12. No Acceleration. The principal of the Bonds shall not be subject to acceleration hereunder. Nothing in this Section shall in any way prohibit the redemption of Bonds under Section 2.03 hereof, or the defeasance of the Bonds and discharge of this Agreement under Section 9.03 hereof. Section 2.13. Book -Entry System. DTC shall act as the initial Depository for the 2022 Bonds. One 2022 Bond for each maturity of the 2022 Bonds shall be initially executed, authenticated, and delivered as set forth herein with a separate fully registered certificate (in print or typewritten form). Upon initial execution, authentication, and delivery, the ownership of the 2022 Bonds shall be registered in the Bond Register in the name of Cede & Co., as nominee of DTC or such nominee as DTC shall appoint in writing. The representatives of the Authority and the Fiscal Agent are hereby authorized to take any and all actions as may be necessary and not inconsistent with this Agreement to qualify the Bonds for the Depository's book -entry system, including the execution of the Depository's required representation letter. -17- With respect to Bonds registered in the Bond Register in the name of Cede & Co., as nominee of DTC, neither the Authority nor the Fiscal Agent shall have any responsibility or obligation to any broker -dealer, bank, or other financial institution for which DTC holds Bonds as Depository from time to time (the "DTC Participants") or to any person for which a DTC Participant acquires an interest in the Bonds (the 'Beneficial Owners"). Without limiting the immediately preceding sentence, neither the Authority nor the Fiscal Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant, any Beneficial Owner, or any other person, other than DTC, of any notice with respect to the Bonds, including any notice of redemption, (iii) the selection by the Depository of the beneficial interests in the Bonds to be redeemed in the event the Authority elects to redeem the Bonds in part, (iv) the payment to any DTC Participant, any Beneficial Owner, or any other person, other than DTC, of any amount with respect to the principal of or interest on the Bonds, or (v) any consent given or other action taken by the Depository as Owner of the Bonds. Except as set forth above, the Fiscal Agent may treat as and deem DTC to be the absolute Owner of each Bond for which DTC is acting as Depository for the purpose of payment of the principal of and interest on such Bonds, for the purpose of giving notices of redemption and other matters with respect to such Bonds, for the purpose of registering transfers with respect to such Bonds, and for all purposes whatsoever. The Fiscal Agent shall pay all principal of and interest on the Bonds only to or upon the order of the Owners as shown on the Bond Register, and all such payments shall be valid and effective to fully satisfy and discharge all obligations with respect to the principal of and interest on the Bonds to the extent of the sums or sums so paid. No person other than an Owner, as shown on the Bond Register, shall receive a physical Bond. Upon delivery by DTC to the Fiscal Agent of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the transfer provisions in Section 2.06 hereof, references to "Cede & Co." in this Section 2.13 shall refer to such new nominee of DTC. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the Fiscal Agent during any time that the Bonds are Outstanding, and discharging its responsibilities with respect thereto under applicable law. The Authority may terminate the services of DTC with respect to the Bonds if it determines that DTC is unable to discharge its responsibilities with respect to the Bonds or that continuation of the system of book -entry transfers through DTC is not in the best interest of the Beneficial Owners, and the Authority shall mail notice of such termination to the Fiscal Agent. Upon the termination of the services of DTC as provided in the previous paragraph, and if no substitute Depository willing to undertake the functions hereunder can be found which is willing and able to undertake such functions upon reasonable or customary terms, or if the Authority determines that it is in the best interest of the Beneficial Owners of the 2022 Bonds that they be able to obtain certificated 2022 Bonds, the 2022 Bonds shall no longer be restricted to being registered in the Bond Register of the Fiscal Agent in the name of Cede & Co., as nominee of DTC, but may be registered in whatever name or name the Owners shall designate at that time, in accordance with Section 2.06. To the extent that the Beneficial Owners are designated as the transferee by the Owners, in accordance with Section 2.06, the 2022 Bonds will be delivered to such Beneficial Owners as soon as practicable. -18- ARTICLE III ISSUANCE OF 2022 BONDS Section 3.01. Issuance and Delivery of 2022 Bonds. At any time after the execution of this Agreement, the Authority may issue the 2022 Bonds for the District in the aggregate principal amount set forth in Section 2.01 and deliver the 2022 Bonds to the Original Purchaser. The Authorized Officers of the Authority are hereby authorized and directed to deliver any and all documents and instruments necessary to cause the issuance of the 2022 Bonds in accordance with the provisions of the Act, the Refunding Law, the Resolution and this Agreement, to redeem the 2012 Bonds with proceeds of the 2022 Bonds, to authorize the payment of Costs of Issuance from the proceeds of the 2022 Bonds and to do and cause to be done any and all acts and things necessary or convenient for delivery of the 2022 Bonds to the Original Purchaser and the redemption of the 2012 Bonds pursuant to the Escrow Agreement. Section 3.02. Pledge of Special Tax Revenues. The Bonds shall be secured by a first pledge of all of the Special Tax Revenues (other than the Special Tax Revenues to be deposited to the Administrative Expense Fund pursuant to clause (i) of the second paragraph of Section 4.06(A)) and all moneys deposited in the Bond Fund (including the Special Tax Prepayments Account therein), the Reserve Fund and, until disbursed as provided herein, in the Special Tax Fund. The Special Tax Revenues and all moneys deposited into said funds (except as otherwise provided herein) are hereby dedicated to the payment of the principal of, and interest and any premium on, the Bonds as provided herein and in the Act until all of the Bonds have been paid and retired or until moneys or Federal Securities have been set aside irrevocably for that purpose in accordance with Section 9.03. Amounts in the Administrative Expense Fund, the Improvement Fund, the Costs of Issuance Fund, and the Special Tax Revenues to be deposited to the Administrative Expense Fund pursuant to clause (i) of the second paragraph of Section 4.06(A), are not pledged to the repayment of the Bonds. The Project, and any portion of the Project, is not in any way pledged to pay the Debt Service on the Bonds. Any proceeds of condemnation or destruction of any portion of the Project are not pledged to pay the Debt Service on the Bonds and are free and clear of any lien or obligation imposed hereunder. Section 3.03. Validity of Bonds. The validity of the authorization and issuance of the Bonds shall not be dependent upon the performance by any person of such persons obligation(s) with respect to the Project. -19- ARTICLE IV FUNDS AND ACCOUNTS Section 4.01. Application of Proceeds of Sale of 2022 Bonds and Other Moneys. (A) The proceeds of the purchase of the 2022 Bonds by the Original Purchaser (being $ ) shall be paid to the Fiscal Agent, who shall forthwith set aside, pay over and deposit such proceeds on the Closing Date as follows: (i) deposit in the Costs of Issuance Fund an amount equal to $ (ii) deposit in the Reserve Fund an amount equal to $ (being an amount equal to the Reserve Requirement as of the Closing Date); and (iii) transfer to the Escrow Bank for deposit by the Escrow Bank in the Refunding Fund established under the Escrow Agreement an amount equal to $ (B) In addition to the foregoing, on the Closing Date the Authority shall transfer or cause to be transferred certain moneys held with respect to the 2022 Bonds as follows: (i) transfer from the administrative expense fund held with respect to the 2012 Bonds (a) to the Escrow Bank for deposit by the Escrow Bank in the Refunding Fund established under the Escrow Agreement $ ; and (b) to the Treasurer for deposit by the Treasurer in the Administrative Expense Fund, the remaining $ on deposit in such administrative expense fund; (ii) transfer from the special tax fund held with respect to the 2012 Bonds (a) to the Escrow Bank for deposit by the Escrow Bank in the Refunding Fund established under the Escrow Agreement $ ; and (b) to the Fiscal Agent for deposit by the Fiscal Agent in the Special Tax Fund, the remaining $ on deposit in such special tax fund; (iii) transfer from the reserve fund held with respect to the 2012 Bonds to the Escrow Bank for deposit by the Escrow Bank in the Refunding Fund established under the Escrow Agreement, the $ on deposit in such reserve fund; and (iv) transfer from the bond fund held with respect to the 2012 Bonds to the Fiscal Agent for deposit by the Fiscal Agent in the Special Tax Fund, any amounts on deposit in such bond fund. (v) transfer from the improvement fund held with respect to the 2012 Bonds to the Fiscal Agent for deposit by the Fiscal Agent to the Improvement Fund, all amounts in such improvement fund. (C) The Fiscal Agent may establish a temporary fund or account in its records to facilitate any of the deposits or transfers referred to in this Section 4.01. Section 4.02. Improvement Fund(A) Establishment of Improvement Fund. There is hereby established as a separate fund to be held by the Fiscal Agent, the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) Improvement Fund (the "Improvement Fund"). A deposit shall be made to the Improvement Fund as required by Section 4.01(B)(v). Moneys in the Improvement Fund shall be held in trust by the Fiscal Agent -20- for the benefit of the Authority, and shall be disbursed for the payment or reimbursement of costs of the Project. (B) Procedure for Disbursement. Disbursements from the Improvement Fund shall be made by the Fiscal Agent upon receipt of an Officer's Certificate, which shall: (a) set forth the amount required to be disbursed, the purpose for which the disbursement is to be made (which shall be for a Project cost), that the disbursement is a proper expenditure from the Improvement Fund, and the person to which the disbursement is to be paid; and (b) certify that no portion of the amount then being requested to be disbursed was set forth in any Officer's Certificate previously filed requesting a disbursement. Each such Officer's Certificate or other certificate submitted to the Fiscal Agent as described in this Section 4.02(B) shall be sufficient evidence to the Fiscal Agent of the facts stated therein, and the Fiscal Agent shall have no duty to confirm the accuracy of such facts. (C) Investment. Moneys in the Improvement Fund shall be invested and deposited in accordance with Section 6.01. Interest earnings and profits from the investment and deposit of amounts in the Improvement Fund shall be retained in the Improvement Fund, to be used for the purposes of the Improvement Fund. (D) Closing of Improvement Fund. Upon receipt by the Fiscal Agent of an Officer's Certificate stating that the Project has been completed and that all costs of the Project have been paid, or that any such costs are not required to be paid from the Improvement Fund, the Fiscal Agent shall transfer the amount, if any, remaining in the Improvement Fund to the Bond Fund to be used to pay Debt Service on the Bonds on the next Interest Payment Date, and when no amounts remain on deposit in the Improvement Fund, the Improvement Fund shall be closed. Section 4.03. Costs of Issuance Fund. (A) Establishment of Costs of Issuance Fund. There is hereby established as a separate fund to be held by the Fiscal Agent, the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) 2022 Special Tax Refunding Bonds Costs of Issuance Fund (the "Costs of Issuance Fund"), to the credit of which a deposit shall be made as required by Section 4.01(A)(i). Moneys in the Costs of Issuance Fund shall be held in trust by the Fiscal Agent and shall be disbursed as provided in subsection (B) of this Section for the payment or reimbursement of Costs of Issuance. (B) Disbursement. Amounts in the Costs of Issuance Fund shall be disbursed from time to time to pay Costs of Issuance, as set forth in a requisition containing respective amounts to be paid to the designated payees, signed by the Treasurer and delivered to the Fiscal Agent on the Closing Date, or otherwise in an Officer's Certificate delivered to the Fiscal Agent after the Closing Date. The Fiscal Agent shall pay all Costs of Issuance after receipt of an invoice from any such payee which requests payment in an amount which is less than or equal to the amount set forth with respect to such payee pursuant to an Officer's Certificate requesting payment of Costs of Issuance. The Fiscal Agent shall maintain the Costs of Issuance Fund for a period of 90 days from the Closing Date and then shall transfer any moneys remaining therein, including any investment earnings thereon, to the Treasurer for deposit by the Treasurer in the Administrative Expense Fund. (C) Investment. Moneys in the Costs of Issuance Fund shall be invested and deposited in accordance with Section 6.01. Interest earnings and profits resulting from said investment shall be retained by the Fiscal Agent in the Costs of Issuance Fund to be used for the purposes of such fund. -21- Section 4.04. Reserve Fund. (A) Establishment of Fund. There is hereby established as a separate fund to be held by the Fiscal Agent the Temecula Public Financing Authority Community Facilities District No. 03- 03 (Wolf Creek) Reserve Fund (the "Reserve Fund"), to the credit of which a deposit shall be made as required by Section 4.01(A)(ii) equal to the Reserve Requirement as of the Closing Date, and deposits shall be made as provided in clause (ii) of the second paragraph of Section 4.06(A) and clause (ii) of Section 4.06(B). Moneys in the Reserve Fund shall be held in trust by the Fiscal Agent for the benefit of the Owners of the Bonds as a reserve for the payment of principal of, and interest and any premium on, the Bonds and shall be subject to a lien in favor of the Owners of the Bonds. (B) Use of Reserve Fund. Except as otherwise provided in this Section, all amounts deposited in the Reserve Fund shall be used and withdrawn by the Fiscal Agent solely for the purpose of making transfers to the Bond Fund in the event of any deficiency at any time in the Bond Fund of the amount then required for payment of the principal of, and interest and any premium on, the Bonds or, in accordance with the provisions of this Section, for the purpose of redeeming Bonds from the Bond Fund. (C) Transfer Due to Deficiency in Bond Fund. Whenever transfer is made from the Reserve Fund to the Bond Fund due to a deficiency in the Bond Fund, the Fiscal Agent shall provide written notice thereof to the Treasurer, specifying the amount withdrawn. (D) Transfer of Excess of Reserve Requirement. Whenever, on the Business Day prior to any September 1 occurring on or after September 1, 2023, or on any other date at the request of the Treasurer, the amount in the Reserve Fund exceeds the Reserve Requirement, the Fiscal Agent shall provide written notice to the Treasurer of the amount of the excess and shall transfer an amount equal to the excess from the Reserve Fund to the Bond Fund to be used for the payment of interest on the Bonds on the next Interest Payment Date in accordance with Section 4.05. (E) Transfer When Balance Exceeds Outstanding Bonds. Whenever the balance in the Reserve Fund equals or exceeds the amount required to redeem or pay the Outstanding Bonds, including interest accrued to the date of payment or redemption and premium, if any, due upon redemption, the Fiscal Agent shall upon the written direction of the Treasurer transfer the amount in the Reserve Fund to the Bond Fund to be applied, on the next succeeding Interest Payment Date to the payment and redemption, in accordance with Section 2.03 and 4.05, as applicable, of all of the Outstanding Bonds. In the event that the amount so transferred from the Reserve Fund to the Bond Fund exceeds the amount required to pay and redeem the Outstanding Bonds, the balance in the Reserve Fund shall be transferred to the Authority to be used for any lawful purpose under the Act. Notwithstanding the foregoing, no amounts shall be transferred from the Reserve Fund pursuant to this Section 4.04(E) until after (i) the calculation of any amounts due to the federal government pursuant to Section 5.13 following payment of the Bonds and withdrawal of any such excess amount from the Reserve Fund for purposes of making such payment to the federal government, and (ii) payment of any fees and expenses due to the Fiscal Agent. (F) Transfer Upon Special Tax Prepayment. Whenever Special Taxes are prepaid and Bonds are to be redeemed with the proceeds of such prepayment pursuant to Section 2.03(A)(iii) and 4.05(B)(ii), funds in the Reserve Fund in the amount of any applicable "Reserve Fund Credit," as such term is defined in and otherwise determined in accordance with Section H of the Rate and Method of Apportionment of Special Taxes, shall be transferred on the Business Day prior to the redemption date by the Fiscal Agent to the Bond Fund to be applied to the redemption of the -22- Bonds pursuant to Section 2.03(A)(iii). The Treasurer shall deliver to the Fiscal Agent an Officer's Certificate specifying any amount to be so transferred, and the Fiscal Agent may rely on any such Officer's Certificate. (G) Transfer to Pay Rebate. Amounts in the Reserve Fund shall be withdrawn, at the written request of an Authorized Officer, for purposes of paying any rebate liability under Section 5.13. (H) Investment. Moneys in the Reserve Fund shall be invested in accordance with Section 6.01. Interest earnings and profits resulting from said investment shall be retained by the Fiscal Agent in the Reserve Fund to be used for the purposes of such fund, including any of the purposes specified in this Section 4.04. Section 4.05. Bond Fund. (A) Establishment of Bond Fund and Special Tax Prepayments Account. There is hereby established as a separate fund to be held by the Fiscal Agent, the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) Bond Fund (the "Bond Fund"), to the credit of which deposits shall be made as required by Section 4.02(D), Section 4.04, clause (ii) of the second paragraph of Section 4.06(A) and Section 4.06(B), and any other amounts required to be deposited therein by this Agreement or the Act. There is also hereby created in the Bond Fund a separate account held by the Fiscal Agent, the Special Tax Prepayments Account, to the credit of which deposits shall be made as provided in clause (iii) of the second paragraph of Section 4.06(A). Moneys in the Bond Fund and the accounts therein shall be held in trust by the Fiscal Agent for the benefit of the Owners of the Bonds, shall be disbursed for the payment of the principal of, and interest and any premium on, the Bonds as provided below, and, pending such disbursement, shall be subject to a lien in favor of the Owners of the Bonds. (B) Disbursements. (i) Bond Fund Disbursements. On each Interest Payment Date, the Fiscal Agent shall withdraw from the Bond Fund and pay to the Owners of the Bonds the principal, and interest and any premium, then due and payable on the Bonds, including any amounts due on the Bonds by reason of the sinking payments set forth in Section 2.03(A)(ii), or a redemption of the Bonds required by Section 2.03(A)(iii), such payments to be made in the priority listed in the second succeeding paragraph. Notwithstanding the foregoing, (a) amounts in the Bond Fund as a result of a transfer pursuant to Section 4.02(D) shall be used to pay the principal of and interest on the Bonds prior to the use of any other amounts in the Bond Fund for such purpose; and (b) amounts in the Bond Fund as a result of a transfer pursuant to clause (ii) of the second paragraph of Section 4.06(A) shall be immediately disbursed by the Fiscal Agent to pay past due amounts owing on the Bonds. In the event that amounts in the Bond Fund are insufficient for the purposes set forth in the preceding paragraph, the Fiscal Agent shall withdraw from the Reserve Fund to the extent of any funds therein amounts to cover the amount of such Bond Fund insufficiency. Amounts so withdrawn from the Reserve Fund shall be deposited in the Bond Fund. If, after the foregoing transfers, there are insufficient funds in the Bond Fund to make the payments provided for in the first sentence of the first paragraph of this Section 4.05(B)(i), the Fiscal Agent shall apply the available funds first to the payment of interest on the Bonds, then to the payment of principal due on the Bonds other than by reason of -23- sinking payments, and then to payment of principal due on the Bonds by reason of sinking payments. Each such payment shall be made ratably to the Owners of the Bonds based on the then Outstanding principal amount of the Bonds, if there are insufficient funds to make the corresponding payment for all of the then Outstanding Bonds. Any sinking payment not made as scheduled shall be added to the sinking payment to be made on the next sinking payment date. (ii) Special Tax Prepayments Account Disbursements. Moneys in the Special Tax Prepayments Account shall be transferred by the Fiscal Agent to the Bond Fund on the next date for which notice of redemption of Bonds can timely be given under Section 2.03(A)(iii), and notice to the Fiscal Agent can timely be given under Section 2.03(B), and shall be used (together with any amounts transferred pursuant to Section 4.04(F)) to redeem Bonds on the redemption date selected in accordance with Section 2.03. (C) Investment. Moneys in the Bond Fund and the Special Tax Prepayments Account shall be invested and deposited in accordance with Section 6.01. Interest earnings and profits resulting from the investment and deposit of amounts in the Bond Fund and the Special Tax Prepayments Account shall be retained in the Bond Fund and the Special Tax Prepayments Account, respectively, to be used for purposes of such fund and account. Section 4.06. Special Tax Fund. (A) Establishment of Special Tax Fund. There is hereby established as a separate fund to be held by the Fiscal Agent, the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) Special Tax Fund (the "Special Tax Fund"). The Authority shall transfer or cause to be transferred to the Fiscal Agent, as soon as practicable following receipt, all Special Tax Revenues received by the Authority and any amounts required by Section 4.01(B)(ii)(b) and Section 4.01(B)(iv) to be deposited to the Special Tax Fund, all which amounts shall be deposited by the Fiscal Agent to the Special Tax Fund. In addition, the Fiscal Agent shall deposit in the Special Tax Fund amounts to be transferred thereto pursuant to Section 4.07(B) hereof. Notwithstanding the foregoing, (i) the first Special Tax Revenues collected by the Authority in any Fiscal Year, in an amount equal to the portion of such Fiscal Year's Special Tax levy for Administrative Expenses (but not to exceed, in any Fiscal Year, $ ), shall be deposited by the Treasurer in the Administrative Expense Fund; (ii) any Special Tax Revenues constituting the collection of delinquencies in payment of Special Taxes shall be separately identified by the Treasurer and shall be deposited by the Fiscal Agent first, in the Bond Fund to the extent needed to pay any past due debt service on the Bonds; second, to the Reserve Fund to the extent needed to increase the amount then on deposit in the Reserve Fund up to the then Reserve Requirement; third, to the Administrative Expense Fund to the extent that amounts in such fund were used to pay costs related to the collection of such delinquencies; and fourth, to the Special Tax Fund for use as described in Section 4.06(B) below; and (iii) any proceeds of Special Tax Prepayments shall be transferred by the Treasurer to the Fiscal Agent for deposit by the Fiscal Agent (as specified in writing by the Treasurer to the Fiscal Agent) directly in the Special Tax Prepayments Account established pursuant to Section 4.05(A). -24- Moneys in the Special Tax Fund shall be held in trust by the Fiscal Agent for the benefit of the Authority and the Owners of the Bonds, shall be disbursed as provided below and, pending disbursement, shall be subject to a lien in favor of the Owners of the Bonds and the Authority. (B) Disbursements. On each Interest Payment Date, the Fiscal Agent shall withdraw from the Special Tax Fund and transfer the following amounts in the following order of priority (i) to the Bond Fund an amount, taking into account any amounts then on deposit in the Bond Fund and any expected transfers from the Reserve Fund and the Special Tax Prepayments Account to the Bond Fund pursuant to Sections 4.02(D), 4.04(D), (E), and (F), and 4.05(B)(ii), such that the amount in the Bond Fund equals the principal (including any sinking payment), premium, if any, and interest due on the Bonds on such Interest Payment Date, and (ii) to the Reserve Fund an amount, taking into account amounts then on deposit in the Reserve Fund, such that the amount in the Reserve Fund is equal to the Reserve Requirement. In addition to the foregoing, if in any Fiscal Year there are sufficient funds in the Special Tax Fund to make the foregoing transfers to the Bond Fund and the Reserve Fund in respect of the Interest Payment Dates occurring in the Bond Year that commences in such Fiscal Year, the Treasurer may transfer to the Administrative Expense Fund, from time to time, any amount in the Special Tax Fund in excess of the amount needed to make such transfers to the Bond Fund and the Reserve Fund, if monies are needed to pay Administrative Expenses in excess of the amount then on deposit in the Administrative Expense Fund. (C) Investment. Moneys in the Special Tax Fund shall be invested and deposited in accordance with Section 6.01. Interest earnings and profits resulting from such investment and deposit shall be retained in the Special Tax Fund to be used for the purposes thereof. Section 4.07. Administrative Expense Fund. (A) Establishment of Administrative Expense Fund. There is hereby established as a separate fund to be held by the Treasurer, the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) Administrative Expense Fund (the "Administrative Expense Fund"), to the credit of which deposits shall be made as required by Sections 4.01(B)(i)(b) and 4.03(B), clause (i) of the second paragraph of Section 4.06(A) and Section 4.06(B). Moneys in the Administrative Expense Fund shall be held in trust by the Treasurer for the benefit of the Authority, and shall be disbursed as provided below. (B) Disbursement. Amounts in the Administrative Expense Fund shall be withdrawn by the Treasurer and paid to the Authority or its order upon receipt by the Treasurer of an Officer's Certificate stating the amount to be withdrawn, that such amount is to be used to pay an Administrative Expense or Costs of Issuance, and the nature of such Administrative Expense or Costs of Issuance. Amounts transferred from the Costs of Issuance Fund to the Administrative Expense Fund pursuant to Section 4.03(B) shall be separately identified at all times, and shall be expended for purposes of the Administrative Expense Fund prior to the use of amounts transferred to the Administrative Expense Fund from the Special Tax Fund pursuant to Section 4.06(B). Annually, on the last day of each Fiscal Year, the Treasurer shall withdraw any amounts then remaining in the Administrative Expense Fund in excess of $35,000 that have not otherwise been allocated to pay Administrative Expenses incurred but not yet paid, and which are not otherwise encumbered, and transfer such amounts to the Fiscal Agent for deposit by the Fiscal Agent in the Special Tax Fund. -25- (C) Investment. Moneys in the Administrative Expense Fund shall be invested and deposited in accordance with Section 6.01. Interest earnings and profits resulting from said investment shall be retained by the Treasurer in the Administrative Expense Fund to be used for the purposes thereof. -26- ARTICLE V OTHER COVENANTS OF THE AUTHORITY Section 5.01. Punctual Payment. The Authority will punctually pay or cause to be paid the principal of, and interest and any premium on, the Bonds when and as due in strict conformity with the terms of this Agreement and any Supplemental Agreement, and it will faithfully observe and perform all of the conditions, covenants and requirements of this Agreement and all Supplemental Agreements and of the Bonds. Section 5.02. Limited Obli ag tion. The Bonds are limited obligations of the Authority on behalf of the District and are payable solely from and secured solely by the Special Tax Revenues and the amounts in the Bond Fund (including the Special Tax Prepayments Account therein), the Reserve Fund and, until disbursed as provided herein, the Special Tax Fund. Section 5.03. Extension of Time for Payment. In order to prevent any accumulation of claims for interest after maturity, the Authority shall not, directly or indirectly, extend or consent to the extension of the time for the payment of any claim for interest on any of the Bonds and shall not, directly or indirectly, be a party to the approval of any such arrangement by purchasing or funding said claims for interest or in any other manner. In case any such claim for interest shall be extended or funded, whether or not with the consent of the Authority, such claim for interest so extended or funded shall not be entitled, in case of default hereunder, to the benefits of this Agreement, except subject to the prior payment in full of the principal of all of the Bonds then Outstanding and of all claims for interest which shall not have so extended or funded. Section 5.04. Against Encumbrances. The Authority will not encumber, pledge or place any charge or lien upon any of the Special Tax Revenues or other amounts pledged to the Bonds superior to or on a parity with the pledge and lien herein created for the benefit of the Bonds. Section 5.05. Books and Records. The Authority will keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the Authority, in which complete and correct entries shall be made of all transactions relating to the expenditure of amounts disbursed from the Administrative Expense Fund and to the Special Tax Revenues. Such books of record and accounts shall at all times during business hours be subject to the inspection of the Fiscal Agent and the Owners of not less than ten percent (10%) of the principal amount of the Bonds then Outstanding, or their representatives duly authorized in writing. Section 5.06. Protection of Security and Rights of Owners. The Authority will preserve and protect the security of the Bonds and the rights of the Owners, and will warrant and defend their rights against all claims and demands of all persons. From and after the delivery of any of the Bonds by the Authority, the Bonds shall be incontestable by the Authority. Section 5.07. Compliance with Act. The Authority will comply with all applicable provisions of the Act and law in administering the District. Section 5.08. Collection of Special Tax Revenues. The Authority shall comply with all requirements of the Act so as to assure the timely collection of Special Tax Revenues, including without limitation, the enforcement of delinquent Special Taxes. On or about June 1 of each year, the Fiscal Agent shall provide the Treasurer with a notice stating the amount then on deposit in the Bond Fund and the Reserve Fund, and informing the Authority that the Special Taxes may need to be levied pursuant to the Ordinance as necessary -27- to provide for the debt service to become due on the Bonds in the calendar year that commences in the Fiscal Year for which the levy is to be made, and Administrative Expenses and replenishment (if necessary) of the Reserve Fund so that the balance therein equals the Reserve Requirement. The receipt of or failure to receive such notice by the Treasurer shall in no way affect the obligations of the Treasurer under the following two paragraphs. Upon receipt of such notice, the Treasurer shall communicate with the Auditor to ascertain the relevant parcels on which the Special Taxes are to be levied, taking into account any parcel splits during the preceding and then current year. The Treasurer shall effect the levy of the Special Taxes each Fiscal Year in accordance with the Ordinance by each July 15 that the Bonds are outstanding, or otherwise such that the computation of the levy is complete before the final date on which the Auditor will accept the transmission of the Special Tax amounts for the parcels within the District for inclusion on the next real property tax roll. Upon the completion of the computation of the amounts of the levy, the Treasurer shall prepare or cause to be prepared, and shall transmit to the Auditor, such data as the Auditor requires to include the levy of the Special Taxes on the next real property tax roll. The Treasurer shall fix and levy the amount of Special Taxes within the District required for the payment of principal of and interest on any outstanding Bonds of the District becoming due and payable during the ensuing year, including any necessary replenishment or expenditure of the Reserve Fund for the Bonds and an amount estimated to be sufficient to pay the Administrative Expenses (including amounts necessary to discharge any obligation under Section 5.13) during such year, taking into account the balances in such funds and in the Special Tax Fund. The Special Taxes so levied shall not exceed the maximum amounts as provided in the Rate and Method of Apportionment of Special Taxes. The Special Taxes, when levied, shall be payable and be collected in the same manner and at the same time and in the same installment as the general taxes on real property are payable, and have the same priority, become delinquent at the same time and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the ad valorem taxes on real property; provided that, pursuant to and in accordance with the Ordinance, the Special Taxes may be collected by means of direct billing of the property owners within the District, in which event the Special Taxes shall become delinquent if not paid when due pursuant to said billing. Section 5.09. Covenant to Foreclose. Pursuant to Section 53356.1 of the Act, the Authority hereby covenants with and for the benefit of the Owners of the Bonds that it will order, and cause to be commenced as hereinafter provided, and thereafter diligently prosecute to judgment (unless such delinquency is theretofore brought current), an action in the superior court to foreclose the lien of any Special Tax or installment thereof not paid when due as provided in the following paragraph. The Treasurer shall notify the Authority Attorney of any such delinquency of which the Treasurer is aware, and the Authority Attorney shall commence, or cause to be commenced, such proceedings. On or about February 15 and June 15 of each Fiscal Year, the Treasurer shall compare the amount of Special Taxes theretofore levied in the District to the amount of Special Tax Revenues theretofore received by the Authority, and: (A) Individual Delinquencies. If, as of any June 15, the Treasurer determines that any single parcel subject to the Special Tax in the District is delinquent in the payment of Special Taxes in the aggregate amount of $5,000 or more, then the Treasurer shall promptly send or cause to be sent a notice of delinquency (and a demand for immediate payment thereof) to the property owner, and (if the delinquency remains uncured) -28- foreclosure proceedings shall be commenced by the Authority within 90 days after the notice of delinquency has been sent. (B) Aggregate Delinquencies. If the Treasurer determines that, as of any June 15, the total amount of delinquent Special Tax for the then current Fiscal Year for the entire District (including the total of delinquencies under subsection (A) above), exceeds 5% of the total Special Tax due and payable for the then current Fiscal Year, the Treasurer shall promptly notify or cause to be notified property owners who are then delinquent in the payment of Special Taxes (and demand immediate payment of the delinquency), and the Authority shall commence foreclosure proceedings within 90 days after the notices of delinquency have been sent. Notwithstanding the foregoing, the Treasurer may defer any mailing of notices of delinquency or foreclosure action if the amount in the Reserve Fund is at least equal to the Reserve Requirement. The Treasurer and the Authority Attorney, as applicable, are hereby authorized to employ counsel to conduct any such foreclosure proceedings. The fees and expenses of any such counsel (including a charge for Authority staff time) in conducting foreclosure proceedings shall be an Administrative Expense hereunder. Section 5.10. Further Assurances. The Authority will adopt, make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Agreement, and for the better assuring and confirming unto the Owners of the rights and benefits provided in this Agreement. Section 5.11. Private Activity Bond Limitations. The Authority shall assure that the proceeds of the 2022 Bonds are not so used as to cause the 2022 Bonds to satisfy the private business tests of section 141(b) of the Code or the private loan financing test of section 141(c) of the Code. Section 5.12. Federal Guarantee Prohibition. The Authority shall not take any action or permit or suffer any action to be taken if the result of the same would be to cause the 2022 Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code. Section 5.13. Rebate Requirement. The Authority shall take any and all actions necessary to assure compliance with section 148(f) of the Code, relating to the rebate of excess investment earnings, if any, to the federal government, to the extent that such section is applicable to the 2022 Bonds. If necessary, the Authority may use amounts in the Reserve Fund, amounts on deposit in the Administrative Expense Fund, and any other funds available to the District, including amounts advanced by the Authority or the City, in its respective sole discretion, to be repaid by the District as soon as practicable from amounts described in the preceding clauses, to satisfy its obligations under this Section 5.13. The Treasurer shall take note of any investment of monies hereunder in excess of the yield on the 2022 Bonds, and shall take such actions as are necessary to ensure compliance with this Section 5.13, such as increasing the portion of the Special Tax levy for Administration Expenses as appropriate to have funds available in the Administrative Expense Fund to satisfy any rebate liability under this Section 5.13. In order to provide for the administration of this Section 5.13, the Treasurer may provide for the employment of independent attorneys, accountants and consultants compensated on such -29- reasonable basis as the Treasurer may deem appropriate and in addition, and without limitation of the provisions of Sections 6.02, 6.03 and 6.04, the Treasurer may rely conclusively upon and be fully protected from all liability in relying upon the opinions, determinations, calculations and advice of such agents, attorneys and consultants employed hereunder. Any fees or expenses incurred by the Authority or the City under or pursuant to this Section 5.13 shall be Administrative Expenses. The Fiscal Agent may rely conclusively upon the Authority's determinations, calculations and certifications required by this Section. The Fiscal Agent shall have no responsibility to independently make any calculation or determination or to review the Authority's calculations hereunder. Section 5.14. No Arbitrage. The Authority shall not take, or permit or suffer to be taken by the Fiscal Agent or otherwise, any action with respect to the proceeds of the 2022 Bonds which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of issuance of the 2022 Bonds would have caused the 2022 Bonds to be "arbitrage bonds" within the meaning of section 148 of the Code. Section 5.15. Yield of the 2022 Bonds. In determining the yield of the 2022 Bonds to comply with Section 5.13 and 5.14 hereof, the Authority will take into account redemption (including premium, if any) in advance of maturity based on the reasonable expectations of the Authority, as of the Closing Date, regarding prepayments of Special Taxes and use of prepayments for redemption of the Bonds, without regard to whether or not prepayments are received or 2022 Bonds redeemed. Section 5.16. Maintenance of Tax -Exemption. The Authority shall take all actions necessary to assure the exclusion of interest on the 2022 Bonds from the gross income of the Owners of the 2022 Bonds to the same extent as such interest is permitted to be excluded from gross income under the Code as in effect on the date of issuance of the 2022 Bonds. Section 5.17. Continuing Disclosure to Owners. In addition to its obligations under Section 9.07, the Authority hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Agreement. Notwithstanding any other provision of this Agreement, failure of the Authority to comply with the Continuing Disclosure Agreement shall not be considered a default hereunder; however, any Participating Underwriter or any Owner or Beneficial Owner (as defined in Section 2.13) of the Bonds may take such actions as may be necessary and appropriate to compel performance by the Authority of its obligations thereunder, including seeking mandate or specific performance by court order. Section 5.18. Reduction of Special Taxes. The Authority covenants and agrees to not consent or conduct proceedings with respect to a reduction in the maximum Special Taxes that may be levied in the District below an amount, for any Fiscal Year, equal to 110% of the aggregate of the Debt Service due on the Bonds in such Fiscal Year, plus a reasonable estimate of Administrative Expenses for such Fiscal Year. It is hereby acknowledged that Bondowners are purchasing the Bonds in reliance on the foregoing covenant, and that said covenant is necessary to assure the full and timely payment of the Bonds. Section 5.19. Limits on Special Tax Waivers and Bond Tenders. The Authority covenants not to exercise its rights under the Act to waive delinquency and redemption penalties related to the Special Taxes or to declare Special Tax penalties amnesty program if to do so would materially and adversely affect the interests of the owners of the Bonds and further covenants not to permit the tender of Bonds in payment of any Special Taxes except upon receipt of a certificate of an Independent Financial Consultant that to accept such tender will not result in the Authority -30- having insufficient Special Tax Revenues to pay the principal of and interest on the Bonds remaining Outstanding following such tender. Section 5.20. No Additional Bonds. The Authority shall not issue any additional bonds secured by (A) a pledge of Special Taxes on a parity with or senior to the pledge thereof under Section 3.02 hereof; or (B) any amounts in any funds or accounts established and held by the Fiscal Agent under this Agreement. Section 5.21. Authority Bid at Foreclosure Sale. The Authority will not bid at a foreclosure sale of property in respect of delinquent Special Taxes unless it expressly agrees to take the property subject to the lien for Special Taxes imposed by the District and that the Special Taxes levied on the property are payable while the Authority owns the property. -31- ARTICLE VI INVESTMENTS, DISPOSITION OF INVESTMENT PROCEEDS, LIABILITY OF THE AUTHORITY Section 6.01. Deposit and Investment of Moneys in Funds. Moneys in any fund or account created or established by this Agreement and held by the Fiscal Agent shall be invested by the Fiscal Agent in Permitted Investments, as directed pursuant to an Officer's Certificate filed with the Fiscal Agent at least two (2) Business Days in advance of the making of such investments. In the absence of any such Officer's Certificate, the Fiscal Agent shall invest, to the extent reasonably practicable, any such moneys in Permitted Investments described in clause (h) of the definition thereof in Section 1.03, which by their terms mature prior to the date on which such moneys are required to be paid out hereunder. The Treasurer shall make note of any investment of funds hereunder in excess of the yield on the Bonds, so that appropriate actions can be taken to assure compliance with Section 5.13. Moneys in any fund or account created or established by this Agreement and held by the Treasurer shall be invested by the Treasurer in any Permitted Investment, which in any event by its terms matures prior to the date on which such moneys are required to be paid out hereunder. Obligations purchased as an investment of moneys in any fund shall be deemed to be part of such fund or account, subject, however, to the requirements of this Agreement for transfer of interest earnings and profits resulting from investment of amounts in funds and accounts. Whenever in this Agreement any moneys are required to be transferred by the Authority to the Fiscal Agent, such transfer may be accomplished by transferring a like amount of Permitted Investments. The Fiscal Agent and its affiliates or the Treasurer may act as sponsor, advisor, depository, principal or agent in the acquisition or disposition of any investment. Neither the Fiscal Agent nor the Treasurer shall incur any liability for losses arising from any investments made pursuant to this Section. The Fiscal Agent shall not be required to determine the legality of any investments. Except as otherwise provided in the next sentence, all investments of amounts deposited in any fund or account created by or pursuant to this Agreement, or otherwise containing gross proceeds of the Bonds (within the meaning of section 148 of the Code) shall be acquired, disposed of, and valued (as of the date that valuation is required by this Agreement or the Code) at Fair Market Value. The Fiscal Agent shall have no duty in connection with the determination of Fair Market Value other than to follow the investment direction of an Authorized Officer in any written direction of any Authorized Officer. Investments in funds or accounts (or portions thereof) that are subject to a yield restriction under the applicable provisions of the Code and (unless valuation is undertaken at least annually) investments in the subaccounts within the Reserve Fund shall be valued at their present value (within the meaning of section 148 of the Code). The Fiscal Agent shall not be liable for verification of the application of such sections of the Code. Investments in any and all funds and accounts may be commingled in a separate fund or funds for purposes of making, holding and disposing of investments, notwithstanding provisions herein for transfer to or holding in or to the credit of particular funds or accounts of amounts received or held by the Fiscal Agent or the Treasurer hereunder, provided that the Fiscal Agent or the Treasurer, as applicable, shall at all times account for such investments strictly in accordance with the funds and accounts to which they are credited and otherwise as provided in this Agreement. -32- The Fiscal Agent or the Treasurer, as applicable, shall sell at Fair Market Value, or present for redemption, any investment security whenever it shall be necessary to provide moneys to meet any required payment, transfer, withdrawal or disbursement from the fund or account to which such investment security is credited and neither the Fiscal Agent nor the Treasurer shall be liable or responsible for any loss resulting from the acquisition or disposition of such investment security in accordance herewith. The Authority acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the Authority the right to receive brokerage confirmations of security transactions as they occur, the Authority specifically waives receipt of such confirmations to the extent permitted by law. The Fiscal Agent will furnish the Authority periodic cash transaction statements which include detail for all investment transactions made by the Fiscal Agent hereunder. Section 6.02. Limited Obli ation. The Authority's obligations hereunder are limited obligations of the Authority on behalf of the District and are payable solely from and secured solely by the Special Tax Revenues and the amounts in the Special Tax Fund, the Bond Fund (including the Special Tax Prepayments Account therein) and the Reserve Fund created hereunder. Section 6.03. Liability of Authority. The Authority shall not incur any responsibility in respect of the Bonds or this Agreement other than in connection with the duties or obligations explicitly herein or in the Bonds assigned to or imposed upon it. The Authority shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful default. The Authority shall not be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions covenants or agreements of the Fiscal Agent herein or of any of the documents executed by the Fiscal Agent in connection with the Bonds, or as to the existence of a default or event of default thereunder. In the absence of bad faith, the Authority, including the Treasurer, may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the Authority and conforming to the requirements of this Agreement. The Authority, including the Treasurer, shall not be liable for any error of judgment made in good faith unless it shall be proved that it was negligent in ascertaining the pertinent facts. No provision of this Agreement shall require the Authority to expend or risk its own general funds or otherwise incur any financial liability (other than with respect to the Special Tax Revenues) in the performance of any of its obligations hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. The Authority and the Treasurer may rely and shall be protected in acting or refraining from acting upon any notice, resolution, request, consent, order, certificate, report, warrant, bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or proper parties. The Authority may consult with counsel, who may be the Authority Attorney, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. The Authority shall not be bound to recognize any person as the Owner of a Bond unless and until such Bond is submitted for inspection, if required, and his title thereto satisfactory established, if disputed. -33- Whenever in the administration of its duties under this Agreement the Authority or the Treasurer shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of willful misconduct on the part of the Authority, be deemed to be conclusively proved and established by a certificate of the Fiscal Agent, an Independent Financial Consultant or a Tax Consultant, and such certificate shall be full warrant to the Authority and the Treasurer for any action taken or suffered under the provisions of this Agreement or any Supplemental Agreement upon the faith thereof, but in its discretion the Authority or the Treasurer may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable. Section 6.04. Employment of Agents by Authority. In order to perform its duties and obligations hereunder, the Authority and / or the Treasurer may employ such persons or entities as it deems necessary or advisable. The Authority shall not be liable for any of the acts or omissions of such persons or entities employed by it in good faith hereunder, and shall be entitled to rely, and shall be fully protected in doing so, upon the opinions, calculations, determinations and directions of such persons or entities. -34- ARTICLE VII THE FISCAL AGENT Section 7.01. Appointment of Fiscal Agent. U.S. Bank Trust Company, National Association is hereby appointed Fiscal Agent and paying agent for the Bonds. The Fiscal Agent undertakes to perform such duties, and only such duties, as are specifically set forth in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Fiscal Agent. Any company into which the Fiscal Agent may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Fiscal Agent may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible under the following paragraph of this Section, shall be the successor to such Fiscal Agent without the execution or filing of any paper or any further act, anything herein to the contrary notwithstanding. The Fiscal Agent shall give the Treasurer written notice of any such succession hereunder. The Authority may at any time remove the Fiscal Agent initially appointed, and any successor thereto, and may appoint a successor or successors thereto, but any such successor shall be a bank, corporation or trust company having a combined capital (exclusive of borrowed capital) and surplus of at least Fifty Million Dollars ($50,000,000), and subject to supervision or examination by federal or state authority. If such bank, corporation or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purposes of this Section 7.01, combined capital and surplus of such bank or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Fiscal Agent may at any time resign by giving written notice to the Authority and by giving to the Owners notice by mail of such resignation. Upon receiving notice of such resignation, the Authority shall promptly appoint a successor Fiscal Agent by an instrument in writing. Any resignation or removal of the Fiscal Agent shall become effective upon acceptance of appointment by the successor Fiscal Agent. Upon such acceptance, the successor Fiscal Agent shall be vested with all rights and powers of its predecessor hereunder without any further act. If no appointment of a successor Fiscal Agent shall be made pursuant to the foregoing provisions of this Section within forty-five (45) days after the Fiscal Agent shall have given to the Authority written notice or after a vacancy in the office of the Fiscal Agent shall have occurred by reason of its inability to act, the Fiscal Agent or any Owner may apply to any court of competent jurisdiction to appoint a successor Fiscal Agent. Said court may thereupon, after such notice, if any, as such court may deem proper, appoint a successor Fiscal Agent. If, by reason of the judgment of any court, or reasonable agency, the Fiscal Agent is rendered unable to perform its duties hereunder, all such duties and all of the rights and powers of the Fiscal Agent hereunder shall be assumed by and vest in the Treasurer of the Authority in trust for the benefit of the Owners. The Authority covenants for the direct benefit of the Owners that its Treasurer in such case shall be vested with all of the rights and powers of the Fiscal Agent hereunder, and shall assume all of the responsibilities and perform all of the duties of the Fiscal Agent hereunder, in trust for the benefit of the Owners of the Bonds. In such event, the Treasurer may designate a successor Fiscal Agent qualified to act as Fiscal Agent hereunder. -35- Section 7.02. Liability of Fiscal Agent. The recitals of facts, covenants and agreements herein and in the Bonds contained shall be taken as statements, covenants and agreements of the Authority, and the Fiscal Agent assumes no responsibility for the correctness of the same, or makes any representations as to the validity or sufficiency of this Agreement or of the Bonds, or shall incur any responsibility in respect thereof, other than in connection with the duties or obligations herein or in the Bonds assigned to or imposed upon it. The Fiscal Agent shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful default. The Fiscal Agent assumes no responsibility or liability for any information, statement or recital in any offering memorandum or other disclosure material prepared or distributed with respect to the issuance of the Bonds. In the absence of bad faith, the Fiscal Agent may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the Fiscal Agent and conforming to the requirements of this Agreement; but in the case of any such certificates or opinions by which any provision hereof are specifically required to be furnished to the Fiscal Agent, the Fiscal Agent shall be under a duty to examine the same to determine whether or not they conform to the requirements of this Agreement. Except as provided above in this paragraph, Fiscal Agent shall be protected and shall incur no liability in acting or proceeding, or in not acting or not proceeding, in good faith, reasonably and in accordance with the terms of this Agreement, upon any resolution, order, notice, request, consent or waiver, certificate, statement, affidavit, or other paper or document which it shall in good faith reasonably believe to be genuine and to have been adopted or signed by the proper person or to have been prepared and furnished pursuant to any provision of this Agreement, and the Fiscal Agent shall not be under any duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument. The Fiscal Agent shall not be liable for any error of judgment made in good faith unless it shall be proved that the Fiscal Agent was negligent in ascertaining the pertinent facts. No provision of this Agreement shall require the Fiscal Agent to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers. The Fiscal Agent shall be under no obligation to exercise any of the rights or powers vested in it by this Agreement at the request or direction of any of the Owners pursuant to this Agreement unless such Owners shall have offered to the Fiscal Agent reasonable security or indemnity against the costs, expenses and liabilities which might be incurred by it in compliance with such request or direction. The Fiscal Agent may become the owner of the Bonds with the same rights it would have if it were not the Fiscal Agent. The Fiscal Agent shall have no duty or obligation whatsoever to enforce the collection of Special Taxes or other funds to be deposited with it hereunder, or as to the correctness of any amounts received, and its liability shall be limited to the proper accounting for such funds as it shall actually receive. The Fiscal Agent may consult with counsel, who may be counsel of or to the Authority, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. -36- In order to perform its duties and obligations hereunder, the Fiscal Agent may employ such persons or entities as it deems necessary or advisable. The Fiscal Agent shall not be liable for any of the acts or omissions of such persons or entities employed by it in good faith hereunder, and shall be entitled to rely, and shall be fully protected in doing so, upon the opinions, calculations, determinations and directions of such persons or entities. The Fiscal Agent agrees to accept and act upon instructions or directions pursuant to this Agreement sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that the Fiscal Agent shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Authority elects to give the Fiscal Agent e-mail or facsimile instructions (or instructions by a similar electronic method) and the Fiscal Agent in its discretion elects to act upon such instructions, the Fiscal Agent's reasonable understanding of such instructions shall be deemed controlling. The Fiscal Agent shall not be liable for any losses, costs or expenses arising directly or indirectly from the Fiscal Agent's reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Authority agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Fiscal Agent, including without limitation the risk of interception and misuse by third parties. The Fiscal Agent shall not be considered in breach of or in default in its obligations hereunder or progress in respect thereto in the event of delay in the performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence, including, but not limited to, acts of God or of the public enemy or terrorists, acts of a government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, earthquakes, explosion, mob violence, riot, inability to procure or general sabotage or rationing of labor, equipment, facilities, sources of energy, material or supplies in the open market, malicious mischief, condemnation, and unusually severe weather or delays of suppliers or subcontractors due to such causes or any similar event and / or occurrences beyond the control of the Fiscal Agent. Section 7.03. Information. The Fiscal Agent shall provide to the Authority such information relating to the Bonds and the funds and accounts maintained by the Fiscal Agent hereunder as the Authority shall reasonably request, including but not limited to quarterly statements reporting funds held and transactions by the Fiscal Agent. Upon the Authority's written election, such statements will be delivered via the Fiscal Agent's online service and upon electing such service, paper statements will be provided only upon request. The Fiscal Agent will keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the Fiscal Agent, in which complete and correct entries shall be made of all transactions relating to the expenditure of amounts disbursed from the Bond Fund (including the Special Tax Prepayments Account therein), the Reserve Fund, the Special Tax Fund, the Improvement Fund and the Costs of Issuance Fund. Such books of record and accounts shall at all times during business hours be subject to the inspection of the Authority and the Owners of not less than ten percent (10%) of the principal amount of the Bonds then Outstanding, or their representatives duly authorized in writing upon reasonable prior notice. Section 7.04. Notice to Fiscal Agent. The Fiscal Agent may rely and shall be protected in acting or refraining from acting upon any notice, resolution, request, consent, order, certificate, report, warrant, bond or other paper or document believed in good faith by it to be genuine and to have been signed or presented by the proper party or proper parties. -37- The Fiscal Agent shall not be bound to recognize any person as the Owner of a Bond unless and until such Bond is submitted for inspection, if required, and his title thereto satisfactorily established, if disputed. Whenever in the administration of its duties under this Agreement the Fiscal Agent shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of willful misconduct on the part of the Fiscal Agent, be deemed to be conclusively proved and established by an Officer's Certificate, and such certificate shall be full warrant to the Fiscal Agent for any action taken or suffered under the provisions of this Agreement or any Supplemental Agreement upon the faith thereof, but in its discretion the Fiscal Agent may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable. Section 7.05. Compensation, Indemnification. The Authority shall pay to the Fiscal Agent from time to time reasonable compensation for all services rendered as Fiscal Agent under this Agreement, and also all reasonable expenses, charges, counsel fees and other disbursements, including those of their attorneys, agents and employees, incurred in and about the performance of their powers and duties under this Agreement, but the Fiscal Agent shall not have a lien therefor on any funds at any time held by it under this Agreement. The Authority further agrees, to the extent permitted by applicable law, to indemnify and save the Fiscal Agent, its officers, employees, directors and agents harmless against any costs, expenses, claims or liabilities whatsoever, including without limitation fees and expenses of its attorneys, which it may incur in the exercise and performance of its powers and duties hereunder which are not due to its negligence or willful misconduct. The obligation of the Authority under this Section shall survive resignation or removal of the Fiscal Agent under this Agreement and payment of the Bonds and discharge of this Agreement, but any monetary obligation of the Authority arising under this Section shall be limited solely to amounts on deposit in the Administrative Expense Fund. -38- ARTICLE VIII MODIFICATION OR AMENDMENT OF THIS AGREEMENT Section 8.01. Amendments Permitted. This Agreement and the rights and obligations of the Authority and of the Owners of the Bonds may be modified or amended at any time by a Supplemental Agreement pursuant to the affirmative vote at a meeting of Owners, or with the written consent without a meeting, of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding, exclusive of Bonds disqualified as provided in Section 8.04. No such modification or amendment shall (i) extend the maturity of any Bond or reduce the interest rate thereon, or otherwise alter or impair the obligation of the Authority to pay the principal of, and the interest and any premium on, any Bond, without the express consent of the Owner of such Bond, or (ii) permit the creation by the Authority of any pledge or lien upon the Special Taxes superior to or on a parity with the pledge and lien created for the benefit of the Owners of the Bonds, or (iii) reduce the percentage of Bonds required for the amendment hereof. Any such amendment may not modify any of the rights or obligations of the Fiscal Agent without its written consent. This Agreement and the rights and obligations of the Authority and of the Owners may also be modified or amended at any time by a Supplemental Agreement, without the consent of any Owners, only to the extent permitted by law and only for any one or more of the following purposes: (A) to add to the covenants and agreements of the Authority in this Agreement contained, other covenants and agreements thereafter to be observed, or to limit or surrender any right or power herein reserved to or conferred upon the Authority; (B) to make modifications not adversely affecting any Outstanding series of Bonds of the Authority in any material respect; (C) to make such provisions for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provision contained in this Agreement, or in regard to questions arising under this Agreement, as the Authority or the Fiscal Agent may deem necessary or desirable and not inconsistent with this Agreement, and which shall not adversely affect the rights of the Owners of the Bonds; and (D) to make such additions, deletions or modifications as may be necessary or desirable to assure exemption from gross federal income taxation of interest on the Bonds. The Fiscal Agent may in its discretion, but shall not be obligated to, enter into any such Supplemental Agreement authorized by this Section which materially adversely affects the Fiscal Agent's own rights, duties or immunities under this Fiscal Agent Agreement or otherwise with respect to the Bonds or any agreements related thereto. The Fiscal Agent may request and shall be fully protected in relying upon, an opinion of Bond Counsel that any proposed Supplemental Agreement complies with the applicable requirements of this Section 8.01. Section 8.02. Owners' Meetings. The Authority may at any time call a meeting of the Owners. In such event the Authority is authorized to fix the time and place of said meeting and to provide for the giving of notice thereof, and to fix and adopt rules and regulations for the conduct of said meeting. -39- Section 8.03. Procedure for Amendment with Written Consent of Owners. The Authority and the Fiscal Agent may at any time adopt a Supplemental Agreement amending the provisions of the Bonds or of this Agreement or any Supplemental Agreement, to the extent that such amendment is permitted by Section 8.01, to take effect when and as provided in this Section. A copy of such Supplemental Agreement, together with a request to Owners for their consent thereto, shall be mailed by first class mail, by the Fiscal Agent to each Owner of Bonds Outstanding, but failure to mail copies of such Supplemental Agreement and request shall not affect the validity of the Supplemental Agreement when assented to as in this Section provided. Such Supplemental Agreement shall not become effective unless there shall be filed with the Fiscal Agent the written consents of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding (exclusive of Bonds disqualified as provided in Section 8.04) and a notice shall have been mailed as hereinafter in this Section provided. Each such consent shall be effective only if accompanied by proof of ownership of the Bonds for which such consent is given, which proof shall be such as is permitted by Section 9.04. Any such consent shall be binding upon the Owner of the Bonds giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof) unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner by filing such revocation with the Fiscal Agent prior to the date when the notice hereinafter in this Section provided for has been mailed. After the Owners of the required percentage of Bonds shall have filed their consents to the Supplemental Agreement, the Authority shall mail a notice to the Owners in the manner hereinbefore provided in this Section for the mailing of the Supplemental Agreement, stating in substance that the Supplemental Agreement has been consented to by the Owners of the required percentage of Bonds and will be effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of the Supplemental Agreement or consents thereto). Proof of the mailing of such notice shall be filed with the Fiscal Agent. A record, consisting of the papers required by this Section 8.03 to be filed with the Fiscal Agent, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Agreement shall become effective upon the filing with the Fiscal Agent of the proof of mailing of such notice, and the Supplemental Agreement shall be deemed conclusively binding (except as otherwise hereinabove specifically provided in this Article) upon the Authority and the Owners of all Bonds at the expiration of sixty (60) days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such sixty-day period. Section 8.04. Disqualified Bonds. Bonds owned or held for the account of the Authority, excepting any pension or retirement fund, shall not be deemed Outstanding for the purpose of any vote, consent or other action or any calculation of Outstanding Bonds provided for in this Article VIII, and shall not be entitled to vote upon, consent to, or take any other action provided for in this Article VIII; provided, however, that the Fiscal Agent shall not be deemed to have knowledge that any Bond is owned or held by the Authority unless the Authority is the registered Owner or the Fiscal Agent has received written notice that any other registered Owner is an Owner for the account of the Authority. Section 8.05. Effect of Supplemental Agreement. From and after the time any Supplemental Agreement becomes effective pursuant to this Article VIII, this Agreement shall be deemed to be modified and amended in accordance therewith, the respective rights, duties and obligations under this Agreement of the Authority and all Owners of Bonds Outstanding shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modifications and amendments, and all the terms and conditions of any such Supplemental -40- Agreement shall be deemed to be part of the terms and conditions of this Agreement for any and all purposes. Section 8.06. Endorsement or Replacement of Bonds Issued After Amendments. The Authority may determine that Bonds issued and delivered after the effective date of any action taken as provided in this Article VIII shall bear a notation, by endorsement or otherwise, in form approved by the Authority, as to such action. In that case, upon demand of the Owner of any Bond Outstanding at such effective date and presentation of his Bond for that purpose at the Principal Office of the Fiscal Agent or at such other office as the Authority may select and designate for that purpose, a suitable notation shall be made on such Bond. The Authority may determine that new Bonds, so modified as in the opinion of the Authority is necessary to conform to such Owners' action, shall be prepared, executed and delivered. In that case, upon demand of the Owner of any Bonds then Outstanding, such new Bonds shall be exchanged at the Principal Office of the Fiscal Agent without cost to any Owner, for Bonds then Outstanding, upon surrender of such Bonds. Section 8.07. Amendatory Endorsement of Bonds. The provisions of this Article VIII shall not prevent any Owner from accepting any amendment as to the particular Bonds held by him, provided that due notation thereof is made on such Bonds. -41- ARTICLE IX MISCELLANEOUS Section 9.01. Benefits of Agreement Limited to Parties. Nothing in this Agreement, expressed or implied, is intended to give to any person other than the Authority, the Fiscal Agent and the Owners, any right, remedy, claim under or by reason of this Agreement. Any covenants, stipulations, promises or agreements in this Agreement contained by and on behalf of the Authority shall be for the sole and exclusive benefit of the Owners and the Fiscal Agent. Section 9.02. Successor is Deemed Included in All References to Predecessor. Whenever in this Agreement or any Supplemental Agreement either the Authority or the Fiscal Agent is named or referred to, such reference shall be deemed to include the successors or assigns thereof, and all the covenants and agreements in this Agreement contained by or on behalf of the Authority or the Fiscal Agent shall bind and inure to the benefit of the respective successors and assigns thereof whether so expressed or not. Section 9.03. Discharge of Agreement. The Authority shall have the option to pay and discharge the entire indebtedness on all or any portion of the Bonds Outstanding in any one or more of the following ways: (A) by well and truly paying or causing to be paid the principal of, and interest and any premium on, such Bonds Outstanding, as and when the same become due and payable; (B) by depositing with the Fiscal Agent, in trust, at or before maturity, money which, together with the amounts then on deposit in the funds and accounts provided for in Sections 4.04 and 4.05 is fully sufficient to pay such Bonds Outstanding, including all principal, interest and redemption premiums; or (C) by irrevocably depositing with the Fiscal Agent, in trust, cash and Federal Securities in such amount as the Authority shall determine as confirmed by Bond Counsel or an independent certified public accountant will, together with the interest to accrue thereon and moneys then on deposit in the fund and accounts provided for in Sections 4.04 and 4.05, be fully sufficient to pay and discharge the indebtedness on such Bonds (including all principal, interest and redemption premiums) at or before their respective maturity dates. If the Authority shall have taken any of the actions specified in (A), (B) or (C) above, and if such Bonds are to be redeemed prior to the maturity thereof notice of such redemption shall have been given as in this Agreement provided or provision satisfactory to the Fiscal Agent shall have been made for the giving of such notice, then, at the election of the Authority, and notwithstanding that any Bonds shall not have been surrendered for payment, the pledge of the Special Taxes and other funds provided for in this Agreement and all other obligations of the Authority under this Agreement with respect to such Bonds Outstanding shall cease and terminate. Notice of such election shall be filed with the Fiscal Agent. Notwithstanding the foregoing, the obligation of the Authority to pay or cause to be paid to the Owners of the Bonds not so surrendered and paid all sums due thereon, all amounts owing to the Fiscal Agent pursuant to Section 7.05, and otherwise to assure that no action is taken or failed to be taken if such action or failure adversely affects the exclusion of interest on the Bonds from gross income for federal income tax purposes, shall continue in any event. -42- Upon compliance by the Authority with the foregoing with respect to all Bonds Outstanding, any funds held by the Fiscal Agent after payment of all fees and expenses of the Fiscal Agent, which are not required for the purposes of the preceding paragraph, shall be paid over to the Authority and any Special Taxes thereafter received by the Authority shall not be remitted to the Fiscal Agent but shall be retained by the Authority to be used for any purpose permitted under the Act. Section 9.04. Execution of Documents and Proof of Ownership by Owners. Any request, declaration or other instrument which this Agreement may require or permit to be executed by Owners may be in one or more instruments of similar tenor, and shall be executed by Owners in person or by their attorneys appointed in writing. Except as otherwise herein expressly provided, the fact and date of the execution by any Owner or his attorney of such request, declaration or other instrument, or of such writing appointing such attorney, may be proved by the certificate of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act, that the person signing such request, declaration or other instrument or writing acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. Except as otherwise herein expressly provided, the ownership of registered Bonds and the amount, maturity, number and date of holding the same shall be proved by the registry books. Any request, declaration or other instrument or writing of the Owner of any Bond shall bind all future Owners of such Bond in respect of anything done or suffered to be done by the Authority or the Fiscal Agent in good faith and in accordance therewith. Section 9.05. Waiver of Personal Liability. No Boardmember, City Councilmember, officer, official, agent or employee of the Authority, the City or the District shall be individually or personally liable for the payment of the principal of, or interest or any premium on, the Bonds; but nothing herein contained shall relieve any such Boardmember, City Councilmember, officer, official, agent or employee from the performance of any official duty provided by law. Section 9.06. Notices to and Demands on Authority and Fiscal Agent. Any notice or demand which by any provision of this Agreement is required or permitted to be given or served by the Fiscal Agent to or on the Authority may be given or served by being deposited postage prepaid in a post office letter box addressed (until another address is filed by the Authority with the Fiscal Agent) as follows: Temecula Public Financing Authority c / o City of Temecula 41000 Main Street Temecula, CA 92590 Attn: Director of Finance Any notice or demand which by any provision of this Agreement is required or permitted to be given or served by the Authority to or on the Fiscal Agent may be given or served by being deposited postage prepaid in a post office letter box addressed (until another address is filed by the Fiscal Agent with the Authority) as follows (provided that any such notice shall not be effective until actually received by the Fiscal Agent): -43- U.S. Bank Trust Company, National Association 633 W. Fifth Street, 241h Floor Los Angeles, CA 90071 Attention: Corporate Trust Services Reference: Temecula CFD 03-03 (Wolf Creek) Section 9.07. State Reporting Requirements. The following requirements shall apply to the Bonds, in addition to those requirements under Section 5.17: (A) Annual Reporting. Not later than October 30 of each calendar year, beginning with the October 30 first succeeding the Closing Date, and in each calendar year thereafter until the October 30 following the final maturity of the Bonds, the Treasurer shall cause the information required by Government Code Section 53359.5(b) to be supplied to CDIAC. The annual reporting shall be made using such form or forms as may be prescribed by CDIAC. (B) Other Reporting. If at any time the Fiscal Agent fails to pay principal and interest due on any scheduled payment date for the Bonds, or if funds are withdrawn from the Reserve Fund to pay principal and interest on the Bonds, the Fiscal Agent shall notify the Treasurer of such failure or withdrawal in writing. The Treasurer shall notify CDIAC and the Original Purchaser of such failure or withdrawal within 10 days of such failure or withdrawal, and the Authority shall provide notice under the Continuing Disclosure Agreement of such event as required thereunder. (C) Special Tax Reporting. The Treasurer shall file a report with the Authority no later than January 1, 2023, and at least once a year thereafter, which annual report shall contain: (i) the amount of Special Taxes collected and expended with respect to the District, (ii) the amount of Bond proceeds collected and expended with respect to the District, and (iii) the status of the Project. It is acknowledged that the Special Tax Fund and the Special Tax Prepayments Account are the accounts into which Special Taxes collected on the District will be deposited for purposes of Section 50075.1(c) of the California Government Code, and the funds and accounts listed in Section 4.01 are the funds and accounts into which Bond proceeds will be deposited for purposes of Section 53410(c) of the California Government Code, and the annual report described in the preceding sentence is intended to satisfy the requirements of Sections 50075.1(d), 50075.3 and 53411 of the California Government Code. (D) Amendment. The reporting requirements of this Section 9.07 shall be amended from time to time, without action by the Authority or the Fiscal Agent (i) with respect to subparagraphs (A) and (B) above, to reflect any amendments to Section 53359.5(b) or Section 53359.5(c) of the Act, and (ii) with respect to subparagraph (C) above, to reflect any amendments to Section 50075.1, 50075.3, 53410 or 53411 of the California Government Code. Notwithstanding the foregoing, any such amendment shall not, in itself, affect the Authority's obligations under the Continuing Disclosure Agreement. The Authority shall notify the Fiscal Agent in writing of any such amendments which affect the reporting obligations of the Fiscal Agent under this Agreement. (E) Other Reporting. No later than January 31 of each calendar year (commencing January 31, 2023), the Authority agrees to provide to CDIAC the annual report information required by Section 8855(k)(1) of the California Government Code. Such annual report shall be made using such form or forms as may be prescribed by CDIAC. -44- Additionally, no later than January 31 of each calendar year (commencing January 31, 2023), the Authority agrees to provide to the California State Controller, Division of Accounting and Reporting, the annual report information required by Section 12463.2 of the California Government Code. (F) No Liability. None of the Authority and its officers, agents and employees, the Treasurer or the Fiscal Agent shall be liable for any inadvertent error in reporting the information required by this Section 9.07. The Treasurer shall provide copies of any of such reports to any Bondowner upon the written request of a Bondowner and payment by the person requesting the information of the cost of the Authority to produce such information and pay any postage or other delivery cost to provide the same, as determined by the Treasurer. The term 'Bondowner" for purposes of this Section 9.07 shall include any Beneficial Owner (as defined in Section 2.13) of the Bonds. Section 9.08. Partial Invalidity. If any Section, paragraph, sentence, clause or phrase of this Agreement shall for any reason be held illegal or unenforceable, such holding shall not affect the validity of the remaining portions of this Agreement. The Authority hereby declares that it would have adopted this Agreement and each and every other Section, paragraph, sentence, clause or phrase hereof and authorized the issue of the Bonds pursuant thereto irrespective of the fact that any one or more Sections, paragraphs, sentences, clauses, or phrases of this Agreement may be held illegal, invalid or unenforceable. Section 9.09. Unclaimed Moneys. Anything contained herein to the contrary notwithstanding, any moneys held by the Fiscal Agent in trust for the payment and discharge of the principal of, and the interest and any premium on, the Bonds which remains unclaimed for two (2) years after the date when the payments of such principal, interest and premium have become payable, if such moneys was held by the Fiscal Agent at such date, shall be repaid by the Fiscal Agent to the Authority as its absolute property free from any trust, and the Fiscal Agent shall thereupon be released and discharged with respect thereto and the Owners shall look only to the Authority for the payment of the principal of, and interest and any premium on, such Bonds. Any right of any Owner to look to the Authority for such payment shall survive only so long as required under applicable law. Section 9.10. Applicable Law. This Agreement shall be governed by and enforced in accordance with the laws of the State of California applicable to contracts made and performed in the State of California. Section 9.11. Conflict with Act. In the event of a conflict between any provision of this Agreement with any provision of the Act as in effect on the Closing Date, the provision of the Act shall prevail over the conflicting provision of this Agreement. Section 9.12. Conclusive Evidence of Regularity. Bonds issued pursuant to this Agreement shall constitute conclusive evidence of the regularity of all proceedings under the Act relative to their issuance and the levy of the Special Taxes. Section 9.13. Payment on Business Day. In any case where the date of the maturity of interest or of principal (and premium, if any) of the Bonds or the date fixed for redemption of any Bonds or the date any action is to be taken pursuant to this Agreement is other than a Business Day, the payment of interest or principal (and premium, if any) or the action need not be made on such date but may be made on the next succeeding day which is a Business Day with the same force and effect as if made on the date required and no interest shall accrue for the period from and after such date. -45- Section 9.14. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. -46- IN WITNESS WHEREOF, the Authority caused this Fiscal Agent Agreement to be executed all as of June 1, 2022. 20009.19:J18099 TEMECULA PUBLIC FINANCING AUTHORITY, for and on behalf of TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.03-03 (WOLF CREEK) M Aaron Adams, Executive Director U. S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Fiscal Agent 0 Authorized Officer [Signature page to Fiscal Agent Agreement — CFD 03-03 (Wolf Creek)] S-1 No. EXHIBIT A FORM OF 2022 BOND UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTY OF RIVERSIDE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) 2022 SPECIAL TAX REFUNDING BOND INTEREST RATE MATURITY DATE BOND DATE CUSIP September 1, June J 2022 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The Temecula Public Financing Authority (the "Authority") for and on behalf of the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) (the "District"), for value received, hereby promises to pay solely from the Special Tax (as hereinafter defined) to be collected in the District or amounts in the funds and accounts held under the Agreement (as hereinafter defined), to the registered owner named above, or registered assigns, on the maturity date set forth above, unless redeemed prior thereto as hereinafter provided, the principal amount set forth above, and to pay interest on such principal amount from the Bond Date set forth above, or from the most recent interest payment date to which interest has been or duly provided for, semiannually on March 1 and September 1, commencing March 1, 2023, at the interest rate set forth above, until the principal amount hereof is paid or made available for payment. The principal of this Bond is payable to the registered owner hereof in lawful money of the United States of America upon presentation and surrender of this Bond at the Principal Office (as defined in the Agreement referred to below) of U.S. Bank Trust Company, National Association (the "Fiscal Agent"). Interest on this Bond shall be paid by check of the Fiscal Agent mailed on each interest payment date to the registered owner hereof as of the close of business on the 15th day of the month preceding the month in which the interest payment date occurs (the "Record Date") at such registered owner's address as it appears on the registration books maintained by the Fiscal Agent, or (i) if the Bonds are in book -entry -only form, or (ii) otherwise upon written request filed with the Fiscal Agent prior to any Record Date by a registered owner of at least $1,000,000 in aggregate principal amount of Bonds, by wire transfer in immediately available funds to the depository for the Bonds or to an account in the United States designated by such registered owner in such written request, respectively. This Bond is one of a duly authorized issue of bonds in the aggregate principal amount of $ approved by a resolution of the Board of Directors of the Authority adopted on April 26, 2022 (the "Resolution"), and being issued pursuant to the provisions of Section 53311 et seq. of the California Government Code (the "Act") and Article 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code, for the purpose of refunding the A-1 Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) 2012 Special Tax Refunding Bonds, and is one of the series of bonds designated "Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) 2022 Special Tax Refunding Bonds" (the "Bonds"). The creation of the Bonds and the terms and conditions thereof are provided for in the Fiscal Agent Agreement, dated as of June 1, 2022, between the Authority and the Fiscal Agent (the "Agreement") and this reference incorporates the Resolution and the Agreement herein, and by acceptance hereof the owner of this Bond assents to said terms and conditions. The Resolution is adopted and the Agreement is entered into under and this Bond is issued under, and all are to be construed in accordance with, the laws of the State of California. Pursuant to the Act, the Agreement and the Resolution, the principal of and interest on this Bond are payable solely from the annual special tax authorized under the Act to be collected within the District (the "Special Tax") and certain funds held under the Agreement. Interest on this Bond shall be payable from the interest payment date next preceding the date of authentication hereof, unless (i) it is authenticated on an interest payment date, in which event it shall bear interest from such date of authentication, or (ii) it is authenticated prior to an interest payment date and after the close of business on the Record Date preceding such interest payment date, in which event it shall bear interest from such interest payment date, or (iii) it is authenticated prior to the Record Date preceding the first interest payment date, in which event it shall bear interest from the Bond Date set forth above; provided, however, that if at the time of authentication of this Bond, interest is in default hereon, this Bond shall bear interest from the interest payment date to which interest has previously been paid or made available for payment hereon. Any tax for the payment hereof shall be limited to the Special Tax, except to the extent that provision for payment has been made by the Authority, as may be permitted by law. The Bonds do not constitute obligations of the Authority for which the Authority is obligated to levy or pledge, or has levied or pledged, general or special taxation other than described hereinabove. The City of Temecula has no liability or obligations whatsoever with respect to the District, the Bonds or the Agreement. The Bonds are not subject to optional redemption prior to their stated maturity. The Bonds maturing on September 1, are subject to mandatory sinking payment redemption in part on September 1, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking payments as follows: Redemption Date (September 1) Sinking Pam The Bonds are also subject to redemption from the proceeds of Special Tax Prepayments and any corresponding transfers from the Reserve Fund pursuant to the Agreement, on any Interest Payment Date, among maturities as specified in the Agreement and by lot within a maturity, at a redemption price (expressed as a percentage at the principal amount of the Bonds to be redeemed), as set forth below, together with accrued interest to the date fixed for redemption: A-2 Redemption Dates Redemption Prices any Interest Payment Date to and including % March 1, September 1, and March 1, September 1, and March 1, September 1, and thereafter Notice of redemption with respect to the Bonds to be redeemed shall be given to the registered owners thereof, in the manner, to the extent and subject to the provisions of the Agreement. The Bonds are issuable as fully registered Bonds without coupons in denominations of $5,000 or any integral multiple thereof. Subject to the limitations and upon payment of the charges, if any, provided in the Agreement, Bonds may be exchanged at the Principal Office of the Fiscal Agent for a like aggregate principal amount and maturity of Bonds of other authorized denominations. Each registration and transfer of registration of this Bond shall be entered by the Fiscal Agent in books kept by it for this purpose and authenticated by its manual signature upon the certificate of authentication endorsed hereon. No transfer or exchange hereof shall be valid for any purpose unless made by the registered owner, by execution of the form of assignment endorsed hereon, and authenticated as herein provided, and the principal hereof, interest hereon and any redemption premium shall be payable only to the registered owner or to such owner's order. The Fiscal Agent shall require the registered owner requesting transfer or exchange to pay any tax or other governmental charge required to be paid with respect to such transfer or exchange. No transfer or exchange hereof shall be required to be made (i) fifteen days prior to the date established by the Fiscal Agent for selection of Bonds for redemption, (ii) with respect to a Bond after such Bond has been selected for redemption, or (iii) between a Record Date and the succeeding interest payment date. Exchanges may only be made for Bonds in authorized denominations, as provided in the Agreement. The Agreement and the rights and obligations of the Authority thereunder may be modified or amended as set forth therein. The Agreement contains provisions permitting the Authority to make provision for the payment of the interest on, and the principal and premium, if any, of the Bonds so that such Bonds shall no longer be deemed to be outstanding under the terms of the Agreement. The Bonds are not general obligations of the Authority, but are limited obligations payable solely from the revenues and funds pledged therefor under the Agreement. Neither the faith and credit of the Authority or the State of California or any political subdivision thereof is pledged to the payment of the Bonds. This Bond shall not become valid or obligatory for any purpose until the certificate of authentication and registration hereon endorsed shall have been dated and signed by the Fiscal Agent. Unless this Bond is presented by an authorized representative of The Depository Trust Company to the Fiscal Agent for registration of transfer, exchange or payment, and any Bond issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of The Depository Trust Company and any payment is made to Cede & Co., ANY A-3 TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has an interest herein. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required by law to exist, happen and be performed precedent to and in the issuance of this Bond have existed, happened and been performed in due time, form and manner as required by law, and that the amount of this Bond does not exceed any debt limit prescribed by the laws or Constitution of the State of California. IN WITNESS WHEREOF, Temecula Public Financing Authority has caused this Bond to be dated the Bond Date set forth above, to be signed by the facsimile signature of its Chair and countersigned by the facsimile signature of its Secretary. ATTEST LIN Randi Johl, Secretary TEMECULA PUBLIC FINANCING AUTHORITY In Matt Rahn, Chair A-4 FISCAL AGENT'S CERTIFICATE OF AUTHENTICATION This is one of the Bonds described in the Resolution and in the Agreement which has been authenticated on U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Fiscal Agent in Authorized Signatory A-5 ASSIGNMENT For value received the undersigned hereby sells, assigns and transfers unto (Name, Address and Tax Identification or Social Security Number of Assignee) the within -registered Bond and hereby irrevocably constitute(s) and appoints(s) attorney, to transfer the same on the registration books of the Fiscal Agent with full power of substitution in the premises. Dated: Signature Guaranteed: Signature: Note: Signature(s) must be guaranteed by an eligible Note: The signature(s) on this Assignment must guarantor. correspond with the name(s) as written on the face of the within Bond in every particular without alteration or enlargement or any change whatsoever. A-6 Quint & Thimmig LLP 2/28/22 3/10/22 ESCROW AGREEMENT by and between the TEMECULA PUBLIC FINANCING AUTHORITY and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Escrow Bank dated as of June 1, 2022 relating to: Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) 2012 Special Tax Refunding Bonds 20009.19:J18098 TABLE OF CONTENTS Section 1. Establishment of Refunding Fund........................................................................................................1 Section 2. Deposit into Refunding Fund; Investment of Amounts....................................................................2 Section 3. Instructions as to Application of Refunding Fund............................................................................. 2 Section 4. Application of Proceeds from Prior Bond Funds............................................................................... 2 Section 5. Application of Certain Terms of Prior Fiscal Agent Agreement...................................................... 3 Section 6. Proceedings for Redemption of Prior Bonds.......................................................................................3 Section 7. Compensation to Escrow Bank............................................................................................................. 3 Section 8. Liabilities and Obligations of Escrow Bank........................................................................................ 3 Section 9. Resignation of Escrow Bank..................................................................................................................5 Section10. Amendment............................................................................................................................................. 5 Section11. Unclaimed Moneys................................................................................................................................. 5 Section 12. Execution in Counterparts..................................................................................................................... 5 Section13. Applicable Law........................................................................................................................................6 EXHIBIT A SCHEDULE OF PAYMENTS ON PRIOR BONDS EXHIBIT B FORM OF NOTICEp OF REDEMPTION EXHIBIT C NOTICE OF DEFEASANCE -i- ESCROW AGREEMENT This ESCROW AGREEMENT (this "Agreement"), dated as of June 1, 2022, 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"), for and on behalf of the TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) (the "District"), and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, acting as successor in interest to U.S. Bank National Association, as Fiscal Agent for the Prior Bonds hereinafter referred to and acting as escrow bank hereunder (the "Escrow Bank"). RECITALS: WHEREAS, the Board of Directors of the Authority has conducted proceedings under and pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, to form the District, to authorize the levy of special taxes upon the land within the District, and to issue bonds secured by said special taxes to finance certain facilities; and WHEREAS, pursuant to a Fiscal Agent Agreement, dated as of August 1, 2012 (the "Prior Fiscal Agent Agreement"), between the Authority and U.S. Bank Trust Company, National Association, as successor in interest to U.S. Bank National Association, as fiscal agent (the "Fiscal Agent"), the Authority has issued its Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) 2012 Special Tax Refunding Bonds (the "Prior Bonds"); and WHEREAS, the Authority has determined to issue, for and on behalf of the District, pursuant to a Fiscal Agent Agreement, dated as of June 1, 2022 (the "2022 Agreement"), between the Authority and U.S. Bank Trust Company, National Association, as fiscal agent, special tax refunding bonds in the aggregate principal amount of $ (the "Refunding Bonds") at this time for the purposes of providing funds to currently refund and defease the Prior Bonds; and WHEREAS, the Authority and the Escrow Bank wish to enter into this Agreement for the purpose of providing the terms and conditions relating to the deposit and application of moneys to provide for the payment and redemption of the Prior Bonds in full, pursuant to and in accordance with the provisions of Section 9.03(B) of the Prior Fiscal Agent Agreement. AGREEMENT: NOW, THEREFORE, in consideration of the above premises and of the mutual promises and covenants herein contained and for other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows: Section 1. Establishment of Refunding Fund. There is hereby created an escrow fund (the "Refunding Fund") to be held in trust by the Escrow Bank as an irrevocable escrow securing the payment of the Prior Bonds, as hereinafter set forth. The Escrow Bank shall administer the Refunding Fund as provided in this Agreement. All cash in the Refunding Fund is hereby irrevocably pledged as a special fund for the payment of the principal of and interest on the Prior Bonds in accordance with the provisions of this Agreement and the Prior Fiscal Agent Agreement. If at any time the Escrow Bank shall receive actual knowledge that the cash in the Refunding Fund will not be sufficient to make any payment required by Section 3 hereof, the -1- Escrow Bank shall notify the Authority of such fact and the Authority shall immediately cure such deficiency from any source of funds legally available to the District. The Escrow Bank shall have no obligation whatsoever to use its own funds to cure any such deficiency. Section 2. Deposit into Refunding Fund; Investment of Amounts. Concurrent with delivery of the Refunding Bonds, the Authority shall cause to be transferred to the Escrow Bank for deposit into the Refunding Fund the amount of $ in immediately available funds, which shall be derived from (a) proceeds of sale of the Refunding Bonds in the amount of $ , (b) as described in Section 4(a) below, the moneys on deposit in the reserve fund established under the Prior Fiscal Agent Agreement (the "Reserve Fund") in the amount of $ , (c) as described in Section 4(b) below, moneys held in the special tax fund established under the Prior Fiscal Agent Agreement (the "Special Tax Fund") in the amount of $ , and (d) as described in Section 4(c) below, moneys held in the administrative expense fund established under the Prior Fiscal Agent Agreement (the "Administrative Expense Fund") in the amount of $ . The Escrow Bank, in its capacity as Fiscal Agent for the Prior Bonds, is hereby directed by the Authority to make the transfers of funds from the Reserve Fund, the Special Tax Fund and the Administrative Expense Fund under the Prior Fiscal Agent Agreement to the Refunding Fund as described in clauses (b), (c) and (d) of the preceding sentence. The moneys deposited into the Refunding Fund pursuant to the preceding paragraph shall be held by the Escrow Bank in cash, uninvested. The funds deposited with and held by the Escrow Bank in the Refunding Fund shall be used by the Escrow Bank solely for the uses and purposes set forth herein. The Escrow Bank shall have no lien upon or right of set off against the funds at any time on deposit in the Refunding Fund. Section 3. Instructions as to Application of Refunding Fund. The total amount held in the Refunding Fund hereunder shall be applied by the Escrow Bank for the sole purpose of paying, on September 1, 2022 (a) the debt service due on the Prior Bonds maturing on September 1, 2022; (b) the optional redemption price of the Prior Bonds maturing on and after September 1, 2023, being an amount equal to the principal amount thereof be redeemed, together with accrued interest to the September 1, 2022 redemption date (the "Redemption Price") in accordance with Section 2.03(A)(i) of the Prior Fiscal Agent Agreement, all as set forth in the schedule in Exhibit A hereto. Following payment in full of the amounts described in the preceding sentence on September 1, 2022, any remaining amount on deposit in the Refunding Fund shall be transferred by the Escrow Bank on September 6, 2022 to U.S. Bank Trust Company, National Association in its capacity as fiscal agent under the 2022 Agreement, for deposit in the Special Tax Fund established pursuant to Section 4.06 of the 2022 Agreement. The Escrow Bank, in its capacity as Fiscal Agent under the Prior Fiscal Agent Agreement, is hereby directed to apply the amounts in the Refunding Fund to the payment and redemption, as applicable, of the Prior Bonds pursuant to the preceding paragraph. The Escrow Bank is hereby directed, in its capacity as Fiscal Agent under the Prior Fiscal Agent Agreement, to provide notice of redemption of the Prior Bonds to be redeemed (at the expense of the District) in substantially the form set forth in Exhibit B hereto at least thirty, but not more than sixty, days prior to September 1, 2022, as required under Section 2.03(D) of the Prior Fiscal Agent Agreement to effect such redemption. The Escrow Bank, in its capacity as Fiscal Agent under the Prior Fiscal Agent Agreement, is hereby directed by the Authority, and the Escrow Bank, in its capacity as such Fiscal Agent, hereby agrees to promptly give notice of the defeasance of the Prior Bonds in the form of the defeasance notice attached hereto as Exhibit C. Section 4. Application of Proceeds from Prior Bond Funds. Upon receipt by the Escrow Bank from the Authority of certain amounts on deposit in the funds and accounts established -2- under the Prior Fiscal Agent Agreement as of the date of delivery of the Refunding Bonds, such amount received shall be applied by the Escrow Bank as follows: (a) of amounts on deposit in the Reserve Fund established under the Prior Fiscal Agent Agreement, $ transferred by the Fiscal Agent to the Escrow Bank shall be deposited by the Escrow Bank in the Refunding Fund; (b) of amounts on deposit in the Special Tax Fund established under the Prior Fiscal Agent Agreement, $ transferred by the Fiscal Agent to the Escrow Bank shall be deposited by the Escrow Bank in the Refunding Fund; and (c) of amounts on deposit in the Administrative Expense Fund established under the Prior Fiscal Agent Agreement, $ transferred by the Treasurer of the Authority to the Escrow Bank shall be deposited by the Escrow Bank in the Refunding Fund. After making the foregoing deposits and transfers, any other amounts remaining on deposit in or accruing to any funds and accounts established under the Prior Fiscal Agent Agreement shall be disposed of as provided in the 2022 Agreement. Section 5. Application of Certain Terms of Prior Fiscal Agent Agreement. All of the terms of the Prior Fiscal Agent Agreement relating to the making of payments of the principal of and interest on the Prior Bonds are incorporated in this Agreement as if set forth in full herein. Section 6. Proceedings for Redemption of Prior Bonds. The Authority hereby irrevocably elects to redeem all of the outstanding Prior Bonds in full on September 1, 2022 pursuant to the provisions of Sections 2.03(A)(i) of the Prior Fiscal Agent Agreement. Section 7. Compensation to Escrow Bank. The Authority shall pay the Escrow Bank, promptly upon written request, full compensation for its duties under this Agreement, including out-of-pocket costs such as publication costs, redemption expenses, legal fees (including fees of outside counsel and the allocated costs of internal attorneys) and other costs and expenses relating hereto. Under no circumstances shall amounts deposited in or credited to the Refunding Fund be deemed to be available for said purposes. The obligation of the Authority under this Section 7 to pay compensation already earned by the Escrow Bank and to pay costs and expenses already incurred shall survive termination of this Agreement and shall survive the resignation or removal of the Escrow Bank. Section 8. Liabilities and Obligations of Escrow Bank. The Escrow Bank shall have no obligation to make any payment or disbursement of any type or incur any financial liability in the performance of its duties under this Agreement unless the Authority shall have deposited sufficient funds therefor with the Escrow Bank. The Escrow Bank may rely and shall be fully protected in acting upon the written instructions of the Authority or its agents relating to any matter or action as Escrow Bank under this Agreement. The Authority covenants to indemnify, defend and hold harmless the Escrow Bank and its officers, employees, directors and agents, solely from funds of the District, against any loss, liability or expense, including legal fees (including the fees of outside counsel and internal attorneys), incurred in connection with the performance of any of the duties of Escrow Bank hereunder, except the Escrow Bank shall not be indemnified against any loss, liability or expense resulting from its negligence or willful misconduct. -3- The indemnity provided in this Section 8 shall survive the termination of this Agreement and shall survive the resignation or removal of the Escrow Bank. The Escrow Bank shall have such duties as are expressly set forth herein and no implied duties shall be read into this Agreement against the Escrow Bank. The Escrow Bank shall not be liable for any act or omission of the Authority under this Agreement or the Prior Fiscal Agent Agreement. The Escrow Bank shall not be liable for the accuracy of any calculations provided as to the sufficiency of moneys deposited with it to pay the principal of and interest on, and the Redemption Price of, as applicable, the Prior Bonds. Any bank, federal savings association, national association or trust company into which the Escrow Bank may be merged or with which it may be consolidated shall become the Escrow Bank without any action of the Authority. The Escrow Bank shall have no liability or obligation to the holders of the Prior Bonds or the Refunding Bonds with respect to the payment of debt service by the Authority or with respect to the observance or performance by the Authority of the other conditions, covenants and terms contained in the Prior Fiscal Agent Agreement or the 2022 Agreement (collectively, the 'Bond Agreements"), or with respect to the investment of any moneys in any fund or account established, held or maintained by the Authority pursuant to the Bond Agreements. The Escrow Bank may conclusively rely, as to the trust of the statements and correctness of the opinions expressed therein, on any certificate or opinion furnished to it in accordance with this Agreement or the Prior Fiscal Agent Agreement. The Escrow Bank may consult with counsel, whose opinion shall be full and complete authorization and protection to the Escrow Bank if it acts in accordance with such opinion. The Escrow Bank shall not be liable for any error of judgment made in good faith by an authorized officer. Nothing herein should be interpreted to require the Escrow Bank to expend, advance or risk its own funds or otherwise incur financial liability in the performance of any of its duties or the exercise of any of its rights hereunder, if it believes that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured. Any corporation or association succeeding to all or substantially all of the corporate trust business of the Escrow Bank shall be the successor of the Escrow Bank hereunder, without the execution or filing of any paper or any further act on the part of the any of the parties hereto. The Escrow Bank shall not have any liability hereunder except to the extent of its own negligence or willful misconduct. In no event shall the Escrow Bank be liable for any special indirect or consequential damages. The Escrow Bank shall not be responsible for any of the recitals or representations contained herein. The Escrow Agent may execute any of the trusts or powers under this Agreement or perform any duties under this Agreement either directly or by or through agents, attorneys, custodians or nominees, and shall not be responsible for any willful misconduct or negligence on the part of any agent, attorney, custodian or nominee so appointed with due care. -4- The Escrow Agent agrees to accept and act upon instructions or directions pursuant to this Agreement sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods; provided, however, that, the Escrow Agent shall have received an incumbency certificate listing persons designated to give such instructions or directions and containing specimen signatures of such designated persons, which such incumbency certificate shall be amended and replaced whenever a person is to be added or deleted from the listing. If the Authority elects to give the Escrow Agent e-mail or facsimile instructions (or instructions by a similar electronic method) and the Escrow Agent in its discretion elects to act upon such instructions, the Escrow Agent's reasonable understanding of such instructions shall be deemed controlling. The Escrow Agent shall not be liable for any losses, costs or expenses arising directly or indirectly from the Escrow Agent's reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Authority agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Escrow Agent, including without limitation the risk of the Escrow Agent acting on unauthorized instructions, and the risk of interception and misuse by third parties. Section 9. Resignation of Escrow Bank. The Escrow Bank may at any time resign by giving written notice to the Authority, which notice shall indicate the date on which the resignation is to be effective (the "resignation date"). The Authority shall promptly appoint a successor Escrow Bank by the resignation date. Resignation of the Escrow Bank will be effective only upon acceptance of appointment by a successor Escrow Bank. If the Authority does not appoint a successor Escrow Bank by the resignation date, the Escrow Bank may, at the expense of the Authority, petition any court of competent jurisdiction for the appointment of a successor Escrow Bank, which court may thereupon, after such notice, if any, as it may deem proper and prescribe and as may be required by law, appoint a successor Escrow Bank. Section 10. Amendment. This Agreement may be amended or modified by the parties hereto, but only if there shall have been filed with the Authority and the Escrow Bank (a) a written opinion of Bond Counsel stating that such amendment will not materially adversely affect the interests of the owners of the Prior Bonds, and that such amendment will not cause interest on the Prior Bonds or the Refunding Bonds to become includable in the gross income of the owners thereof for federal income tax purposes, and (b) a certification of Bond Counsel or an independent certified public accountant that the funds on deposit in the Refunding Fund will be in an amount at all times at least sufficient to make the payments specified in the first sentence of Section 3 hereof. Section 11. Unclaimed Moneys. Anything contained herein to the contrary notwithstanding, any moneys held by the Escrow Bank in trust for the payment and discharge of the principal of, and the interest and any premium on, the Prior Bonds which remains unclaimed for two (2) years after the date when the payment of such principal, interest and premium have become payable, if such moneys were held by the Escrow Bank at such date, shall be repaid by the Escrow Bank to the Authority as its absolute property free from any trust, and the Escrow Bank shall thereupon be released and discharged with respect thereto and the owners of such Prior Bonds shall look only to the Authority for the payment of the principal of, and interest and any premium on, such Prior Bonds. Any right of any Prior Bondowner to look to the Authority for such payment shall survive only so long as required under applicable law. Section 12. Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. -5- Section 13. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California applicable to contracts made and performed in California. M IN WITNESS WHEREOF, the Authority and the Escrow Bank have each caused this Agreement to be executed by their duly authorized officers all as of the date first above written. 20009.19:J18098 TEMECULA PUBLIC FINANCING AUTHORITY, for and on behalf of the TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.03-03 (WOLF CREEK) a Aaron Adams, Executive Director U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Escrow Bank a John Axt, Vice President [Signature page to Escrow Agreement — CFD 03-03 (Wolf Creek)] S-1 EXHIBIT A SCHEDULE OF PAYMENTS ON PRIOR BONDS Payment Scheduled Called Date Interest Principal Principal Total Due September 1, 2022 $416,931.25 $1,055,000.00 $16,825,000.00 $18,296,931.25 Exhibit A Maturity Date (September 1) 2023 2024 2025 2025 2026 2027 2028 2029 2030 2031 2034 EXHIBIT B FORM OF NOTICE OF REDEMPTION Notice of Full/Final Redemption of Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) 2012 Special Tax Refunding Bonds Interest Principal Redemption Rate Amount Price CUSIP No. 3.750% $1,090,000 100% 87972Y CZ7 4.250 1,135,000 100 87972Y DA1 4.375 500,000 100 87972Y DE3 4.000 680,000 100 87972Y DB9 4.000 1,225,000 100 87972Y DC7 5.000 1,275,000 100 87972Y DFO 5.000 1,340,000 100 87972Y DH6 5.000 1,405,000 100 87972Y DK9 5.000 1,480,000 100 87972Y DM5 5.000 1,555,000 100 87972Y DP8 5.000 5,140,000 100 87972Y DQ6 NOTICE is hereby given that the Temecula Public Financing Authority (the "Authority") has called for redemption on September 1, 2022 (the "Redemption Date") all of its outstanding Community Facilities District No. 03-03 (Wolf Creek) 2012 Special Tax Refunding Bonds which are listed above (the "Bonds"), at a redemption price equal to the principal amount thereof plus accrued interest to the date of redemption (the "Redemption Price"). Payment of the Redemption Price of the Bonds will be made upon presentation of the Bonds on and after September 1, 2022, at the following addresses: If by Mail: (Reizistered Bonds) U. S. Bank Trust Company, National Association Corporate Trust Services 111 East Fillmore Avenue St. Paul, MN 55107 If by Hand or Overnight Mail: U. S. Bank Trust Company, National Association 60 Livingston Avenue 1st Floor - Bond Drop Window St. Paul, MN 55107 Interest on the Bonds shall cease to accrue on and after the Redemption Date. Under the provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment is made if the Bondowner's tax identification number is not properly certified. The Form W-9 may be obtained from the Internal Revenue Service. Neither the Authority nor the Fiscal Agent shall be held responsible for the selection or use of CUSIP numbers, nor is any representation made as to their correctness as shown in this Notice of Redemption. They are included solely for convenience of the owners of the Bonds. Dated: 2022 U.S. Bank Trust Company, National Association, as Fiscal Agent Exhibit B EXHIBIT C NOTICE OF DEFEASANCE Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) 2012 Special Tax Refunding Bonds Maturity Date Amount CUSIP (September 1) Defeased Number 2022 $1,055,000 87972Y CYO 2023 1,090,000 87972Y CZ7 2024 1,135,000 87972Y DA1 2025 500,000 87972Y DE3 2025 680,000 87972Y DB9 2026 1,225,000 87972Y DC7 2027 1,275,000 87972Y DFO 2028 1,340,000 87972Y DH6 2029 1,405,000 87972Y DK9 2030 1,480,000 87972Y DM5 2031 1,555,000 87972Y DP8 2034 5,140,000 87972Y DQ6 NOTICE IS HEREBY GIVEN, to the owners of the outstanding Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) 2012 Special Tax Refunding Bonds (the "Bonds"), that pursuant to the Fiscal Agent Agreement pursuant to which the Bonds were issued (the "Fiscal Agent Agreement") the lien of the Fiscal Agent Agreement with respect to the Bonds has been discharged through the irrevocable deposit of cash in an escrow fund (the 'Refunding Fund"). The Refunding Fund has been established and is being maintained pursuant to that certain Escrow Agreement, dated as of June 1, 2022, by and between the Temecula Public Financing Authority, for and on behalf of the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) (the "District"), and U.S. Bank Trust Company, National Association, as escrow bank. As a result of such deposit, the Bonds are deemed to have been paid and defeased in accordance with the Fiscal Agent Agreement. The pledge of the funds provided for under the Fiscal Agent Agreement and all other obligations of the Temecula Public Financing Authority and the District to the owners of the Bonds shall hereafter be limited to the application of moneys in the Refunding Fund for the payment of the Bonds as described below. The cash held in the Refunding Fund is calculated to be sufficient to pay, on September 1, 2022, the debt service due on the Bonds maturing on such date, and to redeem in full the Bonds maturing on and after September 1, 2023 at a redemption price equal to 100% of the principal thereof plus accrued interest to such date. DATED this day of , 2022 U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Escrow Bank Exhibit C a) N N .E £ o a) a) w m O N T L c o a) Q a: 9 Q) a) a: n0 a> � U " U co m �o �T o= o o A O U f0 E a) N 0 0 c c t O O U y a) .V O -0 0 3 O N c @ m m o CA E N N U 0 N a) U 0 0 o L N � a)c C Q@ a) o � o F C N Co N = U E U w a. Co c c m a) O' E O ns c OU o c o 0" O oo U 0 c PRELIMINARY OFFICIAL STATEMENT DATED MAY J 2022 NEW ISSUE - BOOK ENTRY ONLY RATINGS INSURED BONDS RATINGS: S&P:" " UNINSURED BONDS AND UNDERLYING RATING: S&P: " " (See "Ratings" herein) In the opinion of Quint & Thimmig LLP, Larkspur, California, Bond Counsel, subject however, to certain qualifications described in this Official Statement, under existing law, interest on the 2022 Bonds is excludable from gross income of the owners thereof for federal income tax purposes and is not included as an item of tax preference in computing the federal alternative minimum tax under the Internal Revenue Code of 1986, as amended. In the further opinion of Bond Counsel, interest on the 2022 Bonds is exempt from personal income taxation imposed by the State of California. See "TAX MATTERS." Dated: Date of Issuance $15,300,000* TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) 2022 SPECIAL TAX REFUNDING BONDS Due: September 1, as shown on inside cover The Temecula Public Financing Authority (the "Authority"), for and on behalf of the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) (the "District"), is issuing the above -captioned bonds (the "2022 Bonds") to (i) refund all of the Authority's outstanding Community Facilities District No. 03-03 (Wolf Creek) 2012 Special Tax Refunding Bonds (the "2012 Bonds"), (ii) make a deposit to a reserve fund for the 2022 Bonds, and (iii) pay costs of issuing the 2022 Bonds. See "PLAN OF REFUNDING." The 2022 Bonds are being issued pursuant to a Fiscal Agent Agreement, dated as of June 1, 2022 (the "Fiscal Agent Agreement"), by and between the Authority, for and on behalf of the District, and U.S. Bank Trust Company, National Association, as fiscal agent (the "Fiscal Agent"). The 2022 Bonds are payable from the proceeds of an annual Special Tax (as defined in the Fiscal Agent Agreement) being levied on certain property located within the District (see "THE DISTRICT"), and from certain funds pledged under the Fiscal Agent Agreement. The Special Tax is being levied according to a rate and method of apportionment of Special Taxes. See "SECURITY FOR THE 2022 BONDS - Special Taxes" and Appendix B - "Rate and Method." Interest on the 2022 Bonds is payable on March 1 and September 1 of each year, commencing on March 1, 2023. The 2022 Bonds will be issued in book -entry form only and, when delivered, will be registered in the name of Cede & Co., as nominee of the Depository Trust Company, New York, New York ("DTC"), which will act as securities depository for the 2022 Bonds. Individual purchases of the 2022 Bonds will be made in book -entry form only. Purchasers of the 2022 Bonds will not receive physical certificates representing their ownership interests in the 2022 Bonds purchased. The 2022 Bonds will be issued in the principal amount of $5,000 and any integral multiple thereof. Principal of and interest on the 2022 Bonds are payable directly to DTC by the Fiscal Agent. Upon receipt of payments of principal and interest, DTC will in turn distribute such payments to the beneficial owners of the 2022 Bonds. See "THE 2022 BONDS" and Appendix F - "DTC and the Book -Entry Only System." The 2022 Bonds are subject to redemption from Special Tax Prepayments and sinking fund payments prior to their respective maturities. See "THE 2022 BONDS —Redemption." NONE OF THE FAITH AND CREDIT OF THE DISTRICT, THE AUTHORITY OR THE STATE OF CALIFORNIA OR OF ANY OF ITS POLITICAL SUBDIVISIONS IS PLEDGED TO THE PAYMENT OF THE 2022 BONDS. EXCEPT FOR THE SPECIAL TAXES, NO OTHER TAXES ARE PLEDGED TO THE PAYMENT OF THE 2022 BONDS. THE 2022 BONDS ARE NEITHER GENERAL NOR SPECIAL OBLIGATIONS OF THE AUTHORITY, NOR GENERAL OBLIGATIONS OF THE DISTRICT, BUT ARE LIMITED OBLIGATIONS OF THE AUTHORITY FOR THE DISTRICT, PAYABLE SOLELY FROM CERTAIN AMOUNTS PLEDGED THEREFOR UNDER THE FISCAL AGENT AGREEMENT, AS MORE FULLY DESCRIBED IN THIS OFFICIAL STATEMENT. The scheduled payment of principal of and interest on the 2022 Bonds maturing on September 1 of the years _ through inclusive (collectively, the "Insured 2022 Bonds"), when due will be guaranteed under an insurance policy to be issued concurrently with the delivery of the Insured Bonds by See "MUNICIPAL BOND INSURANCE" and Appendix G - "Specimen Municipal Bond Insurance Policy." [insert Bond Insurer's logo here] This cover page contains certain information for quick reference only. Investors should read the entire Official Statement to obtain information essential to the making of an informed investment decision with respect to the 2022 Bonds. The purchase of the 2022 Bonds involves significant risks, and the 2022 Bonds are not appropriate investments for all types of investors. See "SPECIAL RISK FACTORS" in this Official Statement for a discussion of certain risk factors that should be considered, in addition to the other matters set forth in this Official Statement, in evaluating the investment quality of the 2022 Bonds. MATURITY SCHEDULE (see inside cover) The 2022 Bonds are offered when, as and if issued, subject to approval as to their legality by Quint & Thimmig LLP, Larkspur, California, Bond Counsel, and certain other conditions. Certain legal matters with respect to the 2022 Bonds will be passed upon for the Authority by Richards, Watson & Gershon, A Professional Corporation, Los Angeles, California, in its capacity as general counsel to the Authority, and by Quint & Thimmig LLP, Larkspur, California, acting as Disclosure Counsel. Certain legal matters will be passed upon for the Underwriter by Stradling Yocca Carlson & Rauth, a Professional Corporation, Newport Beach, California. It is anticipated that the 2022 Bonds in definitive form will be available for delivery to DTC on or about June —, 2022. STIFEL The date of this Official Statement is May —, 2022. Preliminary, subject to change. Maturity Date (September 1) $15,300,000- TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.03-03 (WOLF CREEK) 2022 SPECIAL TAX REFUNDING BONDS MATURITY SCHEDULE $ Serial Bonds; CUSIP Prefix 87972_(1) Principal Interest CUSIP Amount Rate Yield Price Suffix(1) % Term Bonds due September 1, (2) Price to Yield % CUSIP No. 87972_ (1) (1) Copyright American Bankers Association. CUSIP numbers have been assigned by an independent company not affiliated with the Authority and are included solely for the convenience of the owners of the 2022 Bonds. Neither the City nor the Underwriter is responsible for the selection or use of these CUSIP numbers, and no representation is made as to their correctness. The CUSIP number for a specific maturity is subject to being changed after the issuance of the 2022 Bonds as a result of various subsequent actions including, but not limited to, a refunding in whole or in part or as a result of the procurement of secondary market portfolio insurance or other similar enhancement by investors that is applicable to all or a portion of certain maturities of the 2022 Bonds. (2) See "THE 2022 BONDS — Redemption — Mandatory Sinking Payment Redemption' for the sinking fund payments for the 2022 Bonds that are Term Bonds. (3) Insured Bonds. Preliminary, subject to change. GENERAL INFORMATION ABOUT THIS OFFICIAL STATEMENT The information contained in this Official Statement has been obtained from sources that are believed to be reliable. No representation, warranty or guarantee, however, is made by the Underwriter as to the accuracy or completeness of any information in this Official Statement, including, without limitation, the information contained in the Appendices, and nothing contained in this Official Statement should be relied upon as a promise or representation by the Underwriter. Neither the Authority nor the Underwriter has authorized any dealer, broker, salesperson or other person to give any information or make any representations with respect to the offer or sale of the 2022 Bonds other than as contained in this Official Statement. If given or made, any such information or representations must not be relied upon as having been authorized by the Authority or the Underwriter. The information and expressions of opinion in this Official Statement are subject to change without notice, and neither the delivery of this Official Statement nor any sale of the 2022 Bonds shall under any circumstances create any implication that there has been no change in the affairs of any party described in this Official Statement, or in the status of any property described in this Official Statement, subsequent to the date as of which such information is presented. This Official Statement and the information contained in this Official Statement are subject to amendment without notice. The 2022 Bonds may not be sold, and no offer to buy the 2022 Bonds may be accepted, prior to the time the Official Statement is delivered in final form. Under no circumstances shall this Official Statement constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of, the 2022 Bonds in any jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such jurisdiction. This Official Statement is not to be construed as a contract with the purchasers or owners of the 2022 Bonds. Statements contained in this Official Statement which involve estimates, forecasts or matters of opinion, whether or not expressly so described herein, are intended solely as such and are not to be construed as representations of fact. This Official Statement, including any supplement or amendment hereto, is intended to be deposited with a nationally recognized municipal securities depository. When used in this Official Statement, in any continuing disclosure by the Authority, in any press release, or in any oral statement made with the approval of an authorized officer of the Authority or any other entity described or referenced in this Official Statement, the words or phrases "will likely result," "are expected to," "will continue," "is anticipated," "estimate," "project," "forecast," "expect," "intend" and similar expressions identify "forward looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Such statements are subject to risks and uncertainties that could cause actual results to differ materially from those contemplated in such forward -looking statements. Any forecast is subject to such uncertainties. Inevitably, some assumptions used to develop the forecasts will not be realized, and unanticipated events and circumstances may occur. Therefore, there are likely to be differences between forecasts and actual results, and those differences may be material. All summaries of the documents referred to in this Official Statement are qualified by the provisions of the respective documents summarized and do not purport to be complete statements of any or all of such provisions. The Underwriter has provided the following sentence for inclusion in this Official Statement: "The Underwriter has reviewed the information in this Official Statement in accordance with, and as part of, its responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriter does not guarantee the accuracy or the completeness of such information." In connection with the offering of the 2022 Bonds, the Underwriter may overallot or effect transactions that stabilize or maintain the market prices of the 2022 Bonds at levels above that which might otherwise prevail in the open market. Such stabilizing, if commenced, may be discontinued at any time. The Underwriter may offer and sell the 2022 Bonds to certain dealers, dealer banks and banks acting as agent at prices lower than the public offering prices stated on the inside cover page of this Official Statement, and those public offering prices may be changed from time to time by the Underwriter. The 2022 Bonds have not been registered under the Securities Act of 1933, as amended (the "Securities Act"), in reliance upon an exemption from the registration requirements contained in the Securities Act. The 2022 Bonds have not been registered or qualified under the securities laws of any state. The City of Temecula maintains an Internet website, but the information on the website is not incorporated in this Official Statement. (" ") makes no representation regarding the 2022 Bonds or the advisability of investing in the 2022 Bonds. In addition, has not independently verified, makes no representation regarding, and does not accept any responsibility for the accuracy or completeness of this Official Statement or any information or disclosure contained herein, or omitted herefrom, other than with respect to the accuracy of the information regarding , supplied by and presented under the heading "BOND INSURANCE" and Appendix G — "Specimen Municipal Bond Insurance Policy." -i- TEMECULA PUBLIC FINANCING AUTHORITY Board of Directors Matt Rahn, Chairperson Zak Schwank, Member Maryann Edwards, Member James Stewart, Member Jessica Alexander, Member Authority/City of Temecula Officials Aaron Adams, Executive Director and City Manager Jennifer Hennessy, Authority Treasurer and City Director of Finance Randi Johl, Authority Secretary and City Clerk PROFESSIONAL SERVICES Authority General Counsel and City Attorney Richards, Watson & Gershon, A Professional Corporation Los Angeles, California Municipal Advisor Fieldman, Rolapp & Associates, Inc. Irvine, California Bond Counsel and Disclosure Counsel Quint & Thimmig LLP Larkspur, California Special Tax Consultant and Dissemination Agent Webb Municipal Finance, LLC Riverside, California Fiscal Agent and Escrow Bank U.S. Bank Trust Company, National Association Los Angeles, California TABLE OF CONTENTS INTRODUCTION..................................................................1 General.................................................................................1 Authority for Issuance.......................................................1 The 2022 Bonds................................................................... 2 Sources of Payment for the 2022 Bonds ..........................2 Municipal Bond Insurance and Reserve Fund Insurance Policy................................................................. 3 TheAuthority..................................................................... 4 TheDistrict..........................................................................4 Limited Obligation.............................................................4 Bondowners' Risks.............................................................4 Continuing Disclosure.......................................................4 Other Information..............................................................5 PLAN OF REFUNDING.......................................................5 Refunding of 2012 Bonds .................................................. 5 Estimated Sources and Uses of Funds ............................ 6 THE 2022 BONDS..................................................................6 Authority for Issuance....................................................... 6 General Provisions............................................................. 7 Redemption......................................................................... 7 Transfer or Exchange of 2022 Bonds ............................... 9 Discontinuance of DTC Services....................................10 Scheduled Debt Service...................................................10 SECURITY FOR THE 2022 BONDS..................................11 General...............................................................................11 Limited Obligation...........................................................11 SpecialTaxes.....................................................................11 Special Tax Fund..............................................................12 Summary of Rate and Method.......................................13 ReserveFund....................................................................18 Covenant for Superior Court Foreclosure ....................19 NoTeeter Plan..................................................................20 Investment of Moneys.....................................................21 MUNICIPAL BOND INSURANCE..................................21 Bond Insurance Policy.....................................................21 THE DISTRICT.................................................................... 21 Location and General Description of the District........ 21 Possible Inapplicability of Special Taxes to Certain Property............................................................................. 24 Land Use Distribution.....................................................24 Assessed Property Values...............................................25 Value -to -District Lien Ratio ............................................ 26 Special Tax Delinquencies .............................................. 29 Direct and Overlapping Governmental Obligations.. 29 Sample Tax Bill.................................................................31 THE AUTHORITY...............................................................32 SPECIAL RISK FACTORS..................................................32 Payment of the Special Tax is not a Personal Obligation..........................................................................32 No General Obligation of the Authority or the District................................................................................32 PropertyValue..................................................................33 Exempt Properties............................................................33 Parity Taxes and Special Assessments ..........................34 Insufficiency of Special Taxes.........................................34 Tax Delinquencies............................................................35 Bankruptcy Delays...........................................................35 Proceeds of Foreclosure Sales.........................................35 Natural Disasters..............................................................36 Wildfires............................................................................36 Hazardous Substances.....................................................37 Disclosure to Future Purchasers.....................................37 Potential Early Redemption of 2022 Bonds from Special Tax Prepayments.................................................37 Property Interests of Government Agencies; Federal Deposit Insurance Corporation ........................38 Cybersecurity....................................................................39 COVID-19 Pandemic........................................................39 Bond Insurance.................................................................40 No Acceleration Provision..............................................40 Taxability Risk..................................................................40 Enforceability of Remedies.............................................41 No Secondary Market......................................................41 Proposition218.................................................................41 Ballot Initiatives................................................................42 IRS Audit of Tax -Exempt Bond Issues ..........................43 TAX MATTERS....................................................................43 LEGAL MATTERS...............................................................45 RATINGS..............................................................................45 NO LITIGATION.................................................................46 MUNICIPAL ADVISOR.....................................................46 UNDERWRITING...............................................................46 CONTINUING DISCLOSURE...........................................47 MISCELLANEOUS..............................................................48 APPENDIX A GENERAL INFORMATION ABOUT THE CITY OF TEMECULA APPENDIX B RATE AND METHOD APPENDIX C SUMMARY OF THE FISCAL AGENT AGREEMENT APPENDIX D FORM OF OPINION OF BOND COUNSEL APPENDIX E FORM OF CONTINUING DISCLOSURE AGREEMENT APPENDIX F DTC AND THE BOOK -ENTRY ONLY SYSTEM APPENDIX G SPECIMEN MUNICIPAL BOND INSURANCE POLICY CITY OF TEECL (Riverside County, California) Regional Location Map WOO bob C0103 Ch 4 Las � 1n;eLs whow _ �` 1'arisar 1A lilba �. Maca WFON Erove y "mi" m �ma CGiL Nlf2 r. I Rigliq - f-----L..^—---N— - - --il i P>xri>R 5 0 A A K G E COUNTY �-- EIi1M1e� AIVER510E COUNTY I , f�fppl 4 J 11 J f fr$AN 01EG0 COUNTY New -1V- OFFICIAL STATEMENT $15,300,000* TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) 2022 SPECIAL TAX REFUNDING BONDS INTRODUCTION This introduction is not a summary of this Official Statement and is only a brief description of and guide to, and is qualified by, more complete and detailed information contained in the entire Official Statement and the documents summarized or described in this Official Statement. A full review should be made of the entire Official Statement by those interested in purchasing the 2022 Bonds. The sale and delivery of 2022 Bonds to potential investors is made only by means of the entire Official Statement. Certain capitalized terms used in this Official Statement and not defined herein have the meanings set forth in Appendix C — "Summary of the Fiscal Agent Agreement —Definitions" or in Appendix B — "Rate and Method." General The purpose of this Official Statement, which includes the cover page, the inside cover page, the table of contents and the attached appendices (the "Official Statement"), is to provide certain information concerning the issuance of the above -captioned bonds (the "2022 Bonds") by the Temecula Public Financing Authority (the "Authority"), for the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) (the "District"). Proceeds of the 2022 Bonds will be used to (i) refund all of the Authority's Community Facilities District No. 03-03 (Wolf Creek) 2012 Special Tax Refunding Bonds (the "2012 Bonds"), (ii) make a deposit to a reserve fund for the 2022 Bonds, and (iii) pay costs of issuing the 2022 Bonds. See "INTRODUCTION —Authority for Issuance — Bond Authority" and "PLAN OF REFUNDING." The 2012 Bonds were issued to refund bonds issued in 2003 by the Authority for the District (the "2003 Bonds") proceeds of which were used to finance various public infrastructure improvements (the "Improvements") necessitated by the development of the Wolf Creek neighborhood in the City of Temecula, California (the "City"). Authority for Issuance General. The District was formed on October 28, 2003 under the authority of the Mello - Roos Community Facilities Act of 1982, as amended, commencing at Section 53311, et seq., of the California Government Code (the "Act"), which was enacted by the California Legislature to provide an alternative method of financing certain public capital facilities and services, especially in developing areas of the State. The Act authorizes local governmental entities to establish community facilities districts as legally constituted governmental entities within defined boundaries, with the legislative body of the local applicable governmental entity acting on behalf of the district. Subject to approval by at least a two-thirds vote of the votes cast by the qualified electors within a district and compliance with the provisions of the Act, the legislative body may issue bonds for the community facilities district established by it and may levy and collect a special tax within such district to repay such bonds. * Preliminary, subject to change. -1- Bond Authority; History of Issuances. The 2022 Bonds are authorized to be issued pursuant to the Act, Article 11 of Chapter 3 of Part 1 of Division 2 of the Government Code of the State of California (the "Refunding Law"), Resolution No. TPFA 22- adopted on April 26, 2022 by the Board of Directors of the Authority (the 'Board of Directors") acting as the legislative body of the District, and a Fiscal Agent Agreement, dated as of June 1, 2022 (the "Fiscal Agent Agreement"), between the Authority, for and on behalf of the District, and U.S. Bank Trust Company, National Association, as fiscal agent (the "Fiscal Agent"). The Authority has issued, for and on behalf of the District, (i) the 2003 Bonds, proceeds of which were used to finance the Improvements, and (ii) the 2012 Bonds, the proceeds of which were used to refund, in whole, the 2003 Bonds that were outstanding on the date of issuance of the 2012 Bonds. The 2022 Bonds General. The 2022 Bonds will be issued only as fully registered bonds, in denominations of $5,000 or any integral multiple thereof, and will bear interest at the rates per annum and will mature on the dates and in the principal amounts set forth on the inside cover page of this Official Statement. The 2022 Bonds will be dated the date of their issuance and interest on the 2022 Bonds, will be payable on March 1 and September 1 of each year (individually an "Interest Payment Date"), commencing March 1, 2023. See "THE 2022 BONDS." The 2022 Bonds will be issued in book -entry form only and, when delivered, will be registered in the name of Cede & Co., as nominee of the Depository Trust Company, New York, New York ("DTC"), which will act as securities depository for the 2022 Bonds. See "THE 2022 BONDS —General Provisions." Redemption Prior to Maturity. The 2022 Bonds are subject to mandatory redemption from Special Tax prepayments prior to their respective maturities. The 2022 Bonds maturing on September J 2022 also are subject to mandatory sinking payment redemption prior to maturity. See "THE 2022 BONDS —Redemption." Sources of Payment for the 2022 Bonds The 2022 Bonds are secured by and payable from a first pledge of "Special Tax Revenues," other than the first Special Tax Revenues collected by the Authority in any Fiscal Year, in an amount equal to the portion of such Fiscal Year's Special Tax A levy for Administrative Expenses in an amount not to exceed, in any Fiscal Year $30,000, which are to be deposited to the Administrative Expense Fund. "Special Tax Revenues" is defined in the Fiscal Agent Agreement as the proceeds of the Special Tax A received by the Authority, including any scheduled payments thereof and any prepayments thereof, interest thereon and proceeds of the redemption or sale of property sold as a result of foreclosure of the lien of the Special Taxes to the amount of said lien and interest thereon. "Special Tax Revenues" do not include any penalties collected in connection with delinquent Special Taxes which amounts may be forgiven or disposed of by the Authority in its discretion, and if collected, will be used in a manner consistent with the Act. "Special Taxes" are defined in the Fiscal Agent Agreement as the Special Tax A levied within the District pursuant to the Act, the Ordinance adopted by the legislative body of the District providing for the levy of the Special Taxes and the Fiscal Agent Agreement. The Special Taxes will be levied in accordance with the Rate and Method of Apportionment of Special Tax (the "Rate and Method") recorded as a lien on the Property pursuant to the Notice of Special Tax Lien. Under the Fiscal Agent Agreement, Special Tax Revenues include amounts levied to pay Administrative Expenses. In accordance with the Fiscal Agent Agreement, such amounts will not be paid to the Fiscal Agent, but will be deposited in the Administrative Expense Fund held by the Treasurer and such amounts are not pledged to the payment of the 2022 Bonds. -2- Pursuant to the Act, the Rate and Method and the Fiscal Agent Agreement, so long as any 2022 Bonds are outstanding, the Authority will annually levy the Special Tax against the land within the District not exempt from Special Taxes under the Act and the Rate and Method ("Taxable Property") in accordance with the proceedings for the authorization and issuance of the 2022 Bonds and the Rate and Method, to make provision for the collection of the Special Tax in amounts which will be sufficient to (a) (i) pay debt service due on all 2022 Bonds, for the calendar year that commences in such Fiscal Year; (ii) pay periodic costs related to the 2022 Bonds including credit enhancement costs and federal rebate payments related to 2022 Bonds; (iii) pay Administrative Expenses; (iv) provide an amount equal to any anticipated shortfall due to Special Tax delinquency in the prior Fiscal Year; and (v) pay any amounts required to replenish the Reserve Fund for the 2022 Bonds to the amount of the Reserve Requirement (taking into account the amount available to be drawn on the Reserve Fund Insurance Policy described below); less (b) a credit for funds available under the Fiscal Agent Agreement to reduce the annual Special Tax levy. See "SECURITY FOR THE 2022 BONDS - Summary of Rate and Method" herein. The Rate and Method exempts from the Special Tax up to 33 acres of Public School District Property and up to 232 acres of Public Property and / or Property Owner's Association Property of the District. In Fiscal Year 2021-22, there were 32.45 acres of Public School District Property, approximately 84.72 acres of Public Property and approximately 23.64 acres of Property Owner's Association Property within the District. See "SECURITY FOR THE 2022 BONDS - Summary of Rate and Method" and "BONDOWNERS' RISKS - Exempt Properties." The Authority has also covenanted in the Fiscal Agent Agreement to cause foreclosure proceedings to be commenced and prosecuted, in certain circumstances, against parcels with delinquent installments of the Special Tax. For a more detailed description of the foreclosure covenant, see "SECURITY FOR THE 2022 BONDS - Covenant for Superior Court Foreclosure." Except for the Special Tax Revenues (less certain amounts levied to pay Administrative Expenses), no other taxes are pledged to the payment of the 2022 Bonds. The 2022 Bonds are not general or special obligations of the Authority nor general obligations of the District, but are special obligations of the Authority for the District payable solely from Special Tax Revenues and certain amounts held under the Fiscal Agent Agreement as more fully described herein. Municipal Bond Insurance and Reserve Fund Insurance Policy Concurrently with the issuance of the Bonds, (the "Municipal Bond Insurer") will issue its Municipal Bond Insurance Policy (the "Policy") for the Bonds maturing on September 1 in the years through and including (collectively, the "Insured Bonds"). The Policy guarantees the scheduled payment of principal of and interest on the Insured Bonds when due as set forth in the form of the Policy included as APPENDIX G - "Specimen Municipal Bond Insurance Policy." The Policy does not insure the payment of the Bonds maturing in the years through and including (the "Uninsured Bonds"). See "MUNICIPAL BOND INSURANCE" herein. In order to further secure the payment of the principal of and interest on the Bonds, a Reserve Fund has been established by the Fiscal Agent Agreement. 75% of the Reserve Requirement for the 2022 Bonds, as defined in the Fiscal Agent Agreement, is anticipated to be funded by the purchase of a Reserve Fund Municipal Bond Insurance Policy (the "Reserve Fund Insurance Policy") issued by the Municipal Bond Insurer. See "SECURITY FOR THE 2022 BONDS - Reserve Fund." -3- The Authority The Authority was formed on April 10, 2001, pursuant to a Joint Exercise of Powers Agreement (the "JPA Agreement") between the City and the Redevelopment Agency of the City of Temecula (the "Agency"), in accordance with Articles 1 through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of the State of California. The JPA Agreement was amended in May of 2016, to provide for the withdrawal of the Successor Agency to the Agency as a member of the Authority, and to add the Temecula Community Services District and the Temecula Housing Authority as members of the Authority. See "THE AUTHORITY." The District The District was formed by the Board of Directors of the Authority on October 28, 2003, pursuant to the Act. The District is located at the south end of the City along the northeast side of Pechanga Parkway, extending southeast from Loma Linda Road to Deer Hollow Way, just under a mile south of Temecula Parkway and just over a mile east of the Interstate 15 Freeway. The District is a master -planned community known as "Wolf Creek" of approximately 557 acres with 1,806 residential lots constituting Developed Property under the Rate and Method. In addition, there are two parcels with a combined approximately 20 acres of vacant land permitted to be developed for commercial uses (which are currently classified as "Undeveloped Property" under the Rate and Method, but are expected to effectively become exempt from the levy of Special Taxes — see "THE DISTRICT —Possible Inapplicability of Special Taxes to Certain Property"). The community also includes elementary and middle schools, an approximately 44- acre sports park, an approximately 6-acre neighborhood park, three park activity nodes along Wolf Creek Drive, paseos, a recreation center, a library and a fire station. Limited Obligation NONE OF THE FAITH AND CREDIT OF THE DISTRICT, THE AUTHORITY OR THE STATE OF CALIFORNIA OR OF ANY OF ITS POLITICAL SUBDIVISIONS IS PLEDGED TO THE PAYMENT OF THE 2022 BONDS. EXCEPT FOR THE SPECIAL TAXES, NO OTHER TAXES ARE PLEDGED TO THE PAYMENT OF THE 2022 BONDS. THE 2022 BONDS ARE NEITHER GENERAL NOR SPECIAL OBLIGATIONS OF THE AUTHORITY, NOR GENERAL OBLIGATIONS OF THE DISTRICT, BUT ARE LIMITED OBLIGATIONS OF THE AUTHORITY FOR THE DISTRICT PAYABLE SOLELY FROM CERTAIN AMOUNTS PLEDGED THEREFOR UNDER THE FISCAL AGENT AGREEMENT, AS MORE FULLY DESCRIBED IN THIS OFFICIAL STATEMENT. Bondowners' Risks Certain events could affect the ability of the Authority to pay the principal of and interest on the 2022 Bonds when due. Except for the Special Taxes, no other taxes are pledged to the payment of the 2022 Bonds. See "SPECIAL RISK FACTORS" for a discussion of certain factors that should be considered in evaluating an investment in the 2022 Bonds. The purchase of the 2022 Bonds involves significant risks, and the 2022 Bonds are not appropriate investments for all types of investors. Continuing Disclosure For purposes of complying with Rule 15c2-12(b)(5) promulgated under the Securities Exchange Act of 1934, as amended (the "Rule"), the Authority has agreed to provide, or cause -4- to be provided, to the Municipal Securities Rulemaking Board (the "MSRB") certain annual financial information and operating data and notice of certain significant events. These covenants have been made in order to assist the Underwriter in complying with the Rule. See "CONTINUING DISCLOSURE" and Appendix E for a description of the specific nature of the annual reports and notices of significant events, as well as the terms of the Continuing Disclosure Agreement pursuant to which such reports and notices are to be made. Other Information This Official Statement speaks only as of its date, and the information contained in this Official Statement is subject to change without notice. Except where otherwise indicated, all information contained in this Official Statement has been provided by the Authority on behalf of the District. Copies of the Fiscal Agent Agreement and certain other documents referenced in this Official Statement are available for inspection at the office of, and (upon written request and payment to the Authority of a charge for copying, mailing and handling) are available for delivery from, the Director of Finance, City of Temecula, 41000 Main Street, Temecula, California 92589-9033. PLAN OF REFUNDING Refunding of 2012 Bonds Proceeds from the sale of the 2022 Bonds, together with certain funds ("Prior Funds") held under the fiscal agent agreement pursuant to which the 2012 Bonds were issued, will be deposited in an escrow account (the "Refunding Fund") held by U.S. Bank Trust Company, National Association, acting as escrow bank (the "Escrow Bank") and as successor in interest to U.S. Bank National Association, as fiscal agent for the 2012 Bonds (the "Prior Fiscal Agent"), pursuant to an Escrow Agreement dated as of June 1, 2022, between the Authority, for and on behalf of the District, and the Escrow Bank. Amounts in the Refunding Fund will be held in cash and will be sufficient, without reinvestment, to provide for the payment of the scheduled debt service due on the 2022 Bonds on September 1, 2022, and to redeem on that date the 2012 Bonds maturing on or after September 1, 2023. Upon the deposit of proceeds of the 2022 Bonds and the Prior Funds with the Escrow Bank in accordance with the Escrow Agreement, the 2012 Bonds will be legally defeased and will no longer be entitled to the benefits of, or be secured by, or any pledge of, or lien on, the Special Taxes levied on the Taxable Property in the District. Amounts deposited in the Refunding Fund are not in any way available to pay debt service on the 2022 Bonds. -5- Estimated Sources and Uses of Funds The sources and uses of funds in connection with the 2022 Bonds are expected to be as follows: Principal amount of 2022 Bonds Plus (Less): Net Original Issue Premium (Discount) Plus: Prior Funds Less: Underwriter's Discount Total Sources Deposit to Refunding Fund(') Deposit to Reserve Fund(2) Deposit to Costs of Issuance Fund(3) Total Uses (1) To be used to pay debt service on and to redeem the 2012 Bonds. See "PLAN OF REFUNDING -Refunding of 2012 Bonds." (2) Represents the cash portion of the funding of the Reserve Requirement. 75% percent of the Reserve Requirement is anticipated to be satisfied with a deposit of the Reserve Fund Insurance Policy to the Reserve Fund. See "SECURITY FOR THE 2022 BONDS —Reserve Fund." (3) Costs of issuance include, without limitation, Fiscal Agent fees and expenses; Municipal Advisor fees and expenses; Bond Counsel, Disclosure Counsel, City Attorney and other legal fees; Escrow Bank fees and expenses; rating agency fees; Special Tax Consultant fees, Official Statement printing, premiums for the Policy and the Reserve Fund Insurance Policy and other costs of issuance of the 2022 Bonds. Transfers to Refunding Fund. In addition to 2022 Bond proceeds transferred to the Refunding Fund, the Prior Fiscal Agent will transfer (a) the amount on deposit in the reserve fund for the 2012 Bonds to the Refunding Fund, and (b) the amount on deposit in the bond fund, the special tax fund and other funds and accounts established for the 2012 Bonds to the Refunding Fund. Transfer to the Improvement Fund. The Prior Fiscal Agent will also transfer the amount on deposit in improvement fund held under the fiscal agent agreement for the 2012 Bonds to the Improvement Fund established under the Fiscal Agent Agreement to be used to pay certain costs related to a flood control channel in the District. Transfer to the Administrative Expense Fund. The Treasurer will transfer a portion of the amount on deposit held for administrative expenses of the District to the Administrative Expense Fund established under the Fiscal Agent Agreement, and the balance will be transferred to the Refunding Fund. THE 2022 BONDS Authority for Issuance The 2022 Bonds are authorized to be issued pursuant to the Act, the Refunding Law, Resolution No. TPFA 22- adopted on April 26, 2022, by the Board of Directors, acting as the legislative body of the District, and the Fiscal Agent Agreement. The Special Taxes to be used to pay debt service on the 2022 Bonds are being levied in accordance with the Rate and Method. M General Provisions The 2022 Bonds will be issued only as fully registered 2022 Bonds, in the denomination of $5,000 or any integral multiple thereof, and will bear interest at the rates per annum and will mature on the dates set forth on the inside cover page of this Official Statement. The 2022 Bonds will be dated the date of their issuance and interest will be payable on each Interest Payment Date, commencing March 1, 2023. Each 2022 Bond will bear interest from the Interest Payment Date next preceding the date of authentication thereof, unless (a) it is authenticated on an Interest Payment Date, in which event it will bear interest from such date of authentication, or (b) it is authenticated prior to an Interest Payment Date and after the close of business on the Record Date preceding such Interest Payment Date, in which event it will bear interest from such Interest Payment Date, or (c) it is authenticated on or before February 15, 2023, in which event it will bear interest from the date of issuance of the 2022 Bonds; provided, however, that if, as of the date of authentication of any 2022 Bond interest thereon is in default, such 2022 Bond will bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon. "Record Date" is defined in the Fiscal Agent Agreement as the fifteenth day of the month next preceding the month of the applicable Interest Payment Date, whether or not such fifteenth (15th) day is a Business Day. The 2022 Bonds will be payable both as to principal and interest, and as to any premium upon the redemption thereof, in lawful money of the United States of America. The principal of the 2022 Bonds and any premium due upon the redemption thereof will be payable upon presentation and surrender at the principal corporate trust office of the Fiscal Agent. Interest on each 2022 Bond will be computed using a year of 360 days comprised of twelve 30-day months. The 2022 Bonds will be issued in book -entry form only and, when delivered, will be registered in the name of Cede & Co., as nominee of DTC, which will act as securities depository for the 2022 Bonds. Individual purchases of the 2022 Bonds will be made in book - entry form only. Purchasers of the 2022 Bonds will not receive physical certificates representing their ownership interests in the 2022 Bonds purchased. Principal and interest payments represented by the 2022 Bonds are payable directly to DTC by the Fiscal Agent. Upon receipt of payments of principal and interest, DTC will in turn distribute such payments to the beneficial owners of the 2022 Bonds. See Appendix F — "DTC and the Book -Entry Only System." So long as the 2022 Bonds are registered in the name of Cede & Co., as nominee of DTC, references in this Official Statement to the owners shall mean Cede & Co., and shall not mean the purchasers or Beneficial Owners of the 2022 Bonds. Redemption No Optional Redemption. The 2022 Bonds are not subject to optional redemption prior to maturity. Mandatory Sinking Payment Redemption. The 2022 Bonds maturing on September 1, are subject to mandatory sinking payment redemption in part on September 1, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking payments as follows: -7- Redemption Date (September 1) Sinking Pam The amounts in the foregoing table shall be reduced to the extent practicable so as to maintain level debt service on the 2022 Bonds, as a result of any prior partial redemption of the 2022 Bonds pursuant to the mandatory redemption from Special Tax Prepayments described below, as specified in writing by the Treasurer of the Authority to the Fiscal Agent. Mandatory Redemption From Special Tax Prepayments. The 2022 Bonds are subject to mandatory redemption prior to their stated maturity on any Interest Payment Date, from the proceeds of Special Tax Prepayments and corresponding transfers of funds from the Reserve Fund (as described below under "SECURITY FOR THE 2022 BONDS —Reserve Fund"), as a whole or in part in an amount equal to $5,000 or any integral multiple thereof, at a redemption price (expressed as a percentage of the principal amount of the 2022 Bonds to be redeemed), as set forth below, together with accrued interest thereon to the date fixed for redemption: Redemption Dates Redemption Prices any Interest Payment Date from March 1, to % and including March 1, September 1, and March 1, September 1, and March 1, September 1, and any Interest Payment Date thereafter Since the formation of the District in 2003, none of parcels in the District subject to the levy of the Special Taxes have had their Special Tax levies prepaid. No assurance can be given as to prepayments of Special Taxes levied on the Taxable Property that may occur in the future, which would result in a redemption to 2022 Bonds prior to their maturity. See "SECURITY FOR THE 2022 BONDS —Summary of Rate and Method - Prepayment in Full - Special Tax A" and "- Prepayment in Part - Special Tax A." See also "SPECIAL RISK FACTORS —Potential Early Redemption of 2022 Bonds from Special Tax Prepayments." Purchase of 2022 Bonds In Lieu of Redemption. In lieu of redemption as described above, moneys in the Bond Fund may be used and withdrawn by the Fiscal Agent for purchase of Outstanding 2022 Bonds, upon the filing with the Fiscal Agent of an Officer's Certificate requesting such purchase prior to the selection of 2022 Bonds for redemption, at public or private sale as and when, and at such prices (including brokerage and other charges) as such Officer's Certificate may provide, but in no event may 2022 Bonds be purchased at a price in excess of the principal amount thereof, plus interest accrued to the date of purchase and any premium which would otherwise be due if such 2022 Bonds were redeemed in accordance with the Fiscal Agent Agreement. Selection of 2022 Bonds for Redemption. Whenever provision is made in the Fiscal Agent Agreement for the redemption of less than all of the 2022 Bonds, the Fiscal Agent will select the 2022 Bonds to be redeemed, from among the maturities of the 2022 Bonds or such given portion thereof not previously redeemed as directed by the Treasurer (who shall specify 2022 Bonds to be redeemed so as to maintain substantially level debt service on the Bonds), and within a maturity by lot in any manner which the Fiscal Agent deems appropriate. E2 Notice of Redemption. The Fiscal Agent will cause notice of any redemption to be mailed by first class mail, postage prepaid, or by such other means as is acceptable to the recipient thereof, at least 30 days but not more than 60 days prior to the date fixed for redemption, to the Securities Depositories and to one or more Information Services, and to the respective registered Owners of any 2022 Bonds designated for redemption, at their addresses appearing on the Bond Register maintained by the Fiscal Agent; but such mailing is not a condition precedent to redemption and failure to mail or to receive any such notice, or any defect therein, will not affect the validity of the proceedings for the redemption of such 2022 Bonds. The redemption notice will state the redemption date and the redemption price and, if less than all of the then Outstanding 2022 Bonds are to be called for redemption, will designate the CUSIP numbers and, if applicable, Bond numbers of the 2022 Bonds to be redeemed by giving the individual CUSIP number and, if applicable, 2022 Bond number of each 2022 Bond to be redeemed or if Bond numbers have been assigned by the Fiscal Agent to the 2022 Bonds will state that all 2022 Bonds between two stated Bond numbers, both inclusive, are to be redeemed or that all of the 2022 Bonds of one or more maturities have been called for redemption, will state as to any Bond called in part the principal amount thereof to be redeemed, and will require that such 2022 Bonds be then surrendered at the Principal Office of the Fiscal Agent for redemption at the said redemption price, and will state that further interest on such 2022 Bonds will not accrue from and after the redemption date. Effect of Redemption. From and after the date fixed for redemption, if funds available for the payment of the principal of, and interest and any premium on, the 2022 Bonds so called for redemption have been deposited in the Bond Fund, such 2022 Bonds so called will cease to be entitled to any benefit under the Fiscal Agent Agreement other than the right to receive payment of the redemption price, and no interest will accrue thereon on or after the redemption date specified in such notice. Tender of 2022 Bonds in Payment of Special Taxes. The Authority has covenanted in the Fiscal Agent Agreement not to permit the tender of 2022 Bonds in payment of any Special Taxes except upon receipt of a certificate of an Independent Financial Consultant that to accept such tender will not result in the Authority having insufficient Special Tax Revenues to pay the principal of and interest on the 2022 Bonds that will remain Outstanding following such tender. Transfer or Exchange of 2022 Bonds So long as the 2022 Bonds are registered in the name of Cede & Co., as nominee of DTC, transfers and exchanges of 2022 Bonds shall be made in accordance with DTC procedures. See Appendix F — "DTC and the Book -Entry Only System." If the book -entry only system for the 2022 Bonds is ever discontinued, any 2022 Bond may, in accordance with its terms, be transferred or exchanged by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such 2022 Bond for cancellation, accompanied by delivery of a duly written instrument of transfer in a form acceptable to the Fiscal Agent. Whenever any 2022 Bond or 2022 Bonds are surrendered for transfer or exchange, the Authority will execute and the Fiscal Agent will authenticate and deliver a new 2022 Bond or 2022 Bonds, for a like aggregate principal amount of 2022 Bonds of authorized denominations and of the same maturity. The Fiscal Agent will collect from the Owner requesting such transfer any tax or other governmental charge required to be paid with respect to such transfer or exchange. No transfers or exchanges of 2022 Bonds will be required to be made (i) within the 15 days prior to the date designated by the Fiscal Agent as the date for selecting 2022 Bonds for redemption, (ii) with respect to any 2022 Bond after such 2022 Bond has been selected for redemption, or (iii) between a Record Date and the succeeding Interest Payment Date. 0 Discontinuance of DTC Services DTC may determine to discontinue providing its services with respect to the 2022 Bonds by giving written notice to the Fiscal Agent during any time that the 2022 Bonds are Outstanding, and discharging its responsibilities with respect to the 2022 Bonds under applicable law. The Authority may terminate the services of DTC with respect to the 2022 Bonds if it determines that DTC is unable to discharge its responsibilities with respect to the 2022 Bonds or that continuation of the system of book -entry transfers through DTC is not in the best interest of the Beneficial Owners. The Authority will mail any such notice of termination to the Fiscal Agent. Upon the termination of the services of DTC as provided in the previous paragraph, and if no substitute Depository willing to undertake the functions can be found which is willing and able to undertake such functions upon reasonable or customary terms, or if the Authority determines that it is in the best interest of the Beneficial Owners of the 2022 Bonds that they obtain certificated Bonds, the 2022 Bonds will no longer be restricted to being registered in the Registration Books of the Fiscal Agent in the name of Cede & Co., as nominee of DTC, but may be registered in whatever name or names the Owners designate at that time, in accordance with the Fiscal Agent Agreement. To the extent that the Beneficial Owners are designated as the transferees by the Owners, the 2022 Bonds will be delivered to such Beneficial Owners as soon as practicable in accordance with the Fiscal Agent Agreement. Scheduled Debt Service The following table shows the annual scheduled debt service on the 2022 Bonds, assuming no redemption of the 2022 Bonds from Special Tax Prepayments. Bond Year ending September 1 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Totals Total Annual Debt Principal Interest Service Indicates a mandatory sinking fund payment. -10- SECURITY FOR THE 2022 BONDS General Pursuant to the Fiscal Agent Agreement, the 2022 Bonds are secured by a first pledge of all of the Special Tax Revenues (other than the Special Tax Revenues to be deposited to the Administrative Expense Fund pursuant to the Fiscal Agent Agreement) and all moneys deposited in the Bond Fund (including the Special Tax Prepayments Account therein), the Reserve Fund and, until disbursed in accordance with the Fiscal Agent Agreement, the Special Tax Fund. Special Tax Revenues do not include penalties, if any, collected in respect of delinquent Special Taxes. The Special Tax Revenues and all moneys deposited into said funds (except as otherwise provided in the Fiscal Agent Agreement) are dedicated to the payment of the principal of, and interest and any premium on, the 2022 Bonds in accordance with the Fiscal Agent Agreement until all of the 2022 Bonds have been paid or defeased. Amounts in the Administrative Expense Fund, the Improvement Fund, the Costs of Issuance Fund, the Refunding Fund and the Special Tax Revenues to be deposited to the Administrative Expense Fund pursuant to the Fiscal Agent Agreement are not pledged to the repayment of the 2022 Bonds. The Improvements are not pledged as collateral for the 2022 Bonds. The proceeds of condemnation or destruction of any of the Improvements are not pledged to pay the Debt Service on the 2022 Bonds. Limited Obligation The 2022 Bonds are limited obligations of the Authority on behalf of the District and are payable solely from and secured solely by the Special Tax Revenues, other than up to $30,000 of the first Special Tax Revenues collected in any Fiscal Year to be used to pay Administrative Expenses, and the amounts in the Bond Fund (including the Special Tax Prepayments Account therein), the Reserve Fund and the Special Tax Fund created pursuant to the Fiscal Agent Agreement. In the event that the Special Taxes are not paid when due, the only sources of funds available to repay the 2022 Bonds are amounts held by the Fiscal Agent under the Fiscal Agent Agreement in the Bond Fund, the Reserve Fund and the Special Tax Fund, and the proceeds, if any, from foreclosure sales of parcels with delinquent Special Tax levies. Special Taxes In accordance with the provisions of the Act, the Rate and Method was approved at the time of formation of the District in October of 2003 by the then owners of the property in the District. The Rate and Method is set forth in its entirety in Appendix B. Under the Fiscal Agent Agreement, the Authority is obligated to fix and levy the amount of Special Taxes within the District required for the timely payment of principal of and interest on the outstanding 2022 Bonds becoming due and payable, along with necessary replenishment of the Reserve Fund, an amount needed to pay any costs related to the 2022 Bonds, an amount in respect of anticipated delinquencies in payment of the Special Taxes, and an amount estimated to be sufficient to pay the Administrative Expenses, taking into account any prepayments of Special Taxes previously received by the Authority. The Special Taxes levied on any parcel of Taxable Property may not in any event exceed the maximum amount as provided in the Rate and Method and the Act. The Special Taxes are payable and are to be collected in the same manner, at the same time and in the same installment as County ad valorem taxes on property levied on the secured tax roll are payable, and pursuant to the Act have the same priority, become delinquent at the same times and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the taxes levied on the County secured tax roll. -11- Notwithstanding the foregoing, the Special Taxes may be collected in certain circumstances by means of direct billing of the owners of Taxable Property. Although the Special Taxes will constitute a lien on taxed parcels within the District, they do not constitute a personal indebtedness of the owners of the property within the District. Pursuant to Section 53356.1 of the Act, in the event of any delinquency in the payment of the Special Tax on a parcel of Taxable Property, the Authority may order the institution of a superior court action to foreclose the lien on the parcel of Taxable Property within specified time limits. In such an action, the real property subject to the unpaid amount of the Special Tax lien may be sold at judicial foreclosure sale. The Act provides that the Special Taxes are secured by a continuing lien that is subject to the same lien priority in the case of delinquency as ad valorem property taxes. See "SECURITY FOR THE 2022 BONDS —Summary of Rate and Method," and "—Covenant for Superior Court Foreclosure" and "SPECIAL RISK FACTORS — Parity Taxes and Special Assessments." The property located within the District is subject to other liens for taxes and assessments, and other such liens could come into existence in the future. See "SPECIAL RISK FACTORS —Parity Taxes and Special Assessments." There is no assurance that any owner of a parcel subject to the Special Tax levy will be financially able to pay the annual Special Taxes or that it will pay such taxes even if financially able to do so. See "SPECIAL RISK FACTORS." For historic information regarding assessed valuations and the payment of, and delinquencies with respect to, Special Taxes in the District, see "THE DISTRICT -Assessed Property Values," and "-Special Tax Delinquencies." Special Tax Fund Deposit of Special Tax Revenues. The Fiscal Agent Agreement establishes a Special Tax Fund to be held by the Fiscal Agent. Under the Fiscal Agent Agreement, the Authority is obligated to transfer or cause to be transferred to the Fiscal Agent, for deposit by the Fiscal Agent in the Special Tax Fund, as soon as practicable following receipt, all Special Tax Revenues received by the Authority. Notwithstanding the foregoing, (i) the first Special Tax Revenues collected by the Authority in any Fiscal Year, in an amount equal to the portion of such Fiscal Year's Special Tax levy for Administrative Expenses (but not to exceed, in any Fiscal Year, $30,000.00), shall be deposited by the Treasurer in the Administrative Expense Fund; (ii) any Special Tax Revenues constituting the collection of delinquencies in payment of Special Taxes shall be separately identified by the Treasurer and shall be deposited by the Fiscal Agent first, in the Bond Fund to the extent needed to pay any past due debt service on the Bonds; second, to the Reserve Fund to the extent needed to increase the amount then on deposit in the Reserve Fund up to the then Reserve Requirement; third, to the Administrative Expense Fund to the extent that amounts in such fund were used to pay costs related to the collection of such delinquencies; and fourth, to the Special Tax Fund for use as described below; and (iii) any proceeds of Special Tax Prepayments shall be transferred by the Treasurer to the Fiscal Agent for deposit by the Fiscal Agent (as specified in writing by the Treasurer to the Fiscal Agent) directly in the Special Tax Prepayments Account established under the Fiscal Agent Agreement. -12- Moneys in the Special Tax Fund will be held by the Fiscal Agent for the benefit of the Authority and the Owners of the Bonds, will be disbursed as described below and, pending any disbursement, will be subject to a lien in favor of the Owners of the Bonds and the Authority. Disbursements. On each Interest Payment Date, the Fiscal Agent will withdraw from the Special Tax Fund and transfer the following amounts in the following order of priority: (i) to the Bond Fund an amount, taking into account any amounts then on deposit in the Bond Fund and any expected transfers under the Fiscal Agent Agreement from the Improvement Fund, the Reserve Fund and the Special Tax Prepayments Account to the Bond Fund, such that the amount in the Bond Fund equals the principal (including any sinking payment), premium, if any, and interest due on the Bonds on such Interest Payment Date; and (ii) to the Reserve Fund an amount, taking into account amounts then on deposit in the Reserve Fund, such that the amount in the Reserve Fund is equal to the Reserve Requirement. In addition to the foregoing, if in any Fiscal Year there are sufficient funds in the Special Tax Fund to make the foregoing transfers to the Bond Fund and the Reserve Fund in respect of the Interest Payment Dates occurring in the Bond Year that commences in such Fiscal Year, the Treasurer may transfer to the Administrative Expense Fund, from time to time, any amount in the Special Tax Fund in excess of the amount needed to make such transfers to the Bond Fund and the Reserve Fund, if monies are needed to pay Administrative Expenses in excess of the amount then on deposit in the Administrative Expense Fund. Summary of Rate and Method General. The Special Tax is levied and collected according to the Rate and Method, a copy of which is set forth in Appendix B - "Rate and Method." The then qualified electors of the District approved the Rate and Method on October 28, 2003. Capitalized terms used in the following paragraphs but not defined herein have the meanings given them in the Rate and Method. The Rate and Method provides the means by which the Board of Directors of the Authority may annually levy the Special Taxes within the District up to the applicable Maximum Special Tax. The Rate and Method provides that the Annual Special Tax A may not be levied after Fiscal Year 2053-54. Special Tax A Requirement; Special Tax B Requirement. Annually, at the time of levying the Special Tax for improvements with respect to the District, the Authority will determine the amount of money to be collected from Taxable Property in the District (the "Special Tax A Requirement"), which will be the amount required in any Fiscal Year to pay the following: (i) annual debt service on all outstanding Bonds due in the calendar year which commences in such Fiscal Year; (ii) periodic cost on the Bonds, including, but not limited to, credit enhancement and rebate payments on the Bonds; (iii) Administrative Expenses; -13- (iv) an amount equal to any anticipated shortfall due to Special Tax delinquency in the prior Fiscal Year; and (v) any amount required to establish or replenish any reserve funds for the outstanding Bonds; less (vi) a credit for funds available to reduce the annual Special Tax levy as determined pursuant to the Fiscal Agent Agreement. In addition, annually at the time of levying the special tax for services with respect to the District, the Authority will determine the amount of money to be collected from Taxable Property in the District, which will be the amount required in any Fiscal Year to pay the estimated costs of providing services, including the salaries of City staff related to and a proportionate share of City overhead costs, for the maintenance of the Flood Control Channel in an amount not to exceed $140,024.14 for Fiscal Year 2021-22, increasing by 2% each Fiscal Year thereafter (the "Special Tax B Requirement"). Revenues derived from the levy and collection of Special Tax B do not constitute "Special Taxes" or "Special Tax Revenues" as such terms are used herein and are not pledged to the payment of debt service on the 2022 Bonds. Developed and Undeveloped Property; Exempt Property. The Rate and Method declares that for each Fiscal Year, all Parcels of Taxable Property within the District shall be classified as either Developed Property, Approved Property, Undeveloped Property, Public Property and / or Property Owner's Association Property that is not Exempt Property and shall be subject to the levy of Special Taxes in accordance with the Rate and Method. (i) "Taxable Property" means all Parcels in the District which have not prepaid their respective Special Taxes in their entirety pursuant to the Rate and Method, or are not exempt from the Special Tax pursuant to law or the Rate and Method. (ii) "Developed Property" means all Parcels of Taxable Property, not categorized as Approved Property, Undeveloped Property, Public Property and / or Property Owner's Association Property that are not Exempt Property pursuant to the provisions of the Rate and Method, (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied and (ii) a building permit for new construction has been issued prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied. (iii) "Approved Property" means for the any Fiscal Year, all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) for which a building permit was not issued prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied. (iv) "Public Property" means any property within the boundary of the District which, as of January 1st of the preceding Fiscal Year for which the Special Tax is being levied is used for rights -of -way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State of California, the County of Riverside (the "County"), the City or any other local jurisdiction, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use. -14- (v) "Public School District Property' means 33 acres that are acquired or known to the District Administrator to be acquired by Temecula Valley Unified School District located within the Wolf Creek Specific Plan No. 12 approved on January 23, 2001, or as subsequently modified, supplemented or amended. (vi) "Undeveloped Property" means all Taxable Property not classified as Developed Property, Approved Property, Public Property and / or Property Owner's Association Property that is not Exempt Property (as defined in the Rate and Method). (vii) "Exemptions" is defined to include the following: The Rate and Method provides that no Special Tax shall be levied on up to 33 acres of Public School District Property and up to 232 acres of Public Property and / or Property Owner's Association Property within the District. As of June 1, 2022, there was approximately 32.45 acres of Public School District Property, approximately 84.72 acres of Public Property and approximately 23.64 acres of Property Owner's Association Property within the District. The District Administrator will assign Exempt Property status in the chronological order in which property becomes Public Property and / or Property Owner's Association Property. After the limit of 232 acres within the District has been reached, the Maximum Special Tax A obligation for any additional Public Property and / or Property Owner's Association Property shall be prepaid in full pursuant to the Rate and Method, prior to the transfer or dedication of such property. Until the Maximum Special Tax A obligation is prepaid as provided in the preceding sentence, the Public Property and / or Property Owner's Association Property within the District shall be subject to the levy of the Special Tax as provided for in the Rate and Method. Maximum Special Tax. The Maximum Special Tax is defined in the Rate and Method as follows: Approved Property. The Maximum Special Tax A for each Parcel of Approved Property is $9,374 per acre. The Maximum Special Tax B for each Parcel of Approved Property in Fiscal Year 2022-23 is $539.09 and increases by 2.00% each Fiscal Year thereafter. The Maximum Special Tax for each Parcel categorized as Approved Property shall be the Maximum Special Tax A plus the Maximum Special Tax B. Developed Property. The Maximum Special Tax A for each Parcel of Residential Property that is categorized as Developed Property shall be the greater of (i) the applicable Assigned Special Tax described in the Rate and Method, or (ii) the amount derived by application of the Backup Special Tax. The Maximum Special Tax A for each Parcel of Non -Residential Property or Multifamily Residential Property shall be the Assigned Special Tax described in the Rate and Method. The Assigned Special Tax for each Parcel of Developed Property, except Multiple Land Use Property, ranges from $987 to $2,294 per single-family residential unit and $9,374 per acre for a multifamily residential unit in the District. See APPENDIX B - "Rate and Method Table 1" herein for a listing of the Assigned Annual Special Tax rates for various sizes of units in the District. Backup Special Tax. The Backup Special Tax is $9,374 per acre for Parcels of Developed Property that are included in a Final Map. Notwithstanding the foregoing, if parcels of Residential Property are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax shall be recalculated. -15- Method of Apportionment. The Rate and Method provides that each Fiscal Year, the Authority shall levy the Special Tax on all Taxable Property until the amount of Special Taxes equals the Special Tax Requirement in accordance with the following steps: First: The Special Tax A shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rate in Table 1 of the Rate and Method as needed to satisfy the Special Tax A Requirement. The Special Tax B shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the Maximum Special Tax B as needed to satisfy the Special Tax B Requirement; Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax A for Approved Property. If additional moneys are needed to satisfy the Special Tax B Requirement after the first step has been completed, the Special Tax B shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax B for Approved Property; Third: If additional moneys are needed to satisfy the Special Tax A Requirement after the first two steps have been completed, the Special Tax A shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax A for Undeveloped Property. If additional moneys are needed to satisfy the Special Tax B Requirement after the first two steps have been completed, the Special Tax B shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax B for Undeveloped Property; Fourth: If additional moneys are needed to satisfy the Special Tax A Requirement after the first three steps have been completed, the Special Tax A to be levied on each Parcel of Developed Property whose Maximum Special Tax A is derived 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 A for each such Parcel; and Fifth: If additional moneys are needed to satisfy the Special Tax A Requirement after the first four steps have been completed, then the Special Tax A shall be levied Proportionately on each Parcel of Public Property and / or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of the Rate and Method at up to 100% of the Maximum Special Tax A. Notwithstanding the above, pursuant to Section 53321 of the Act as in effect at the time of formation of the District, the Rate and Method states that under no circumstances will the Special Taxes levied against any Parcel of Residential Property be increased by more than ten percent (10%) per Fiscal Year as a consequence of delinquency or default by the owner of any other Parcel within the District. For such purposes, Residential Property is a Parcel of Developed Property for which a building permit has been issued for purpose of constructing one or more residential dwelling units. In Fiscal Year 2022-23, Special Taxes are expected to be levied at approximately 68.25%* of the Assigned Special Tax rate on Developed Property. No Special Taxes are expected to be levied on Undeveloped Property in Fiscal Year 2022-23. If additional moneys are needed to satisfy the Special Tax A Requirement after the levy of Special Taxes at the applicable Assigned * Preliminary, subject to change. -16- Special Tax rate, the Special Tax A will be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax A for Undeveloped Property. As of June 1, 2022, there are approximately 20 acres of Undeveloped Property. The Authority cannot predict how much property will constitute Undeveloped Property in Fiscal Year 2023-24 or in any future Fiscal Year. In any event, the Undeveloped Property could effectively become exempt from the levy of Special Taxes (see "THE DISTRICT —Possible Inapplicability of Special Taxes to Certain Property"), so that it should not be assumed that the currently Undeveloped Property will ever be a source of Special Tax Revenue for the District. Prepayment in Full — Special Tax A. The Maximum Special Tax A obligation may only be prepaid and permanently satisfied for a Parcel of Developed Property, Approved Property for which a building permit has been issued, or Public Property and / or Property Owner's Association Property that is not Exempt Property pursuant to the Rate and Method, except that a Special Tax B may be levied on such Parcel after the prepayment has occurred. The Maximum Special Tax A obligation applicable to such Parcel may be fully prepaid and the obligation of the Parcel to pay the Special Tax A permanently satisfied as described in the Rate and Method, provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to the Parcel at the time of prepayment. The Prepayment Amount for an applicable Parcel after the issuance of 2022 Bonds is calculated based on Bond Redemption Amounts and other costs, all as specified in APPENDIX B — "Rate and Method" herein. Any such prepayment will result in a redemption of 2022 Bonds prior to maturity. See "THE 2022 BONDS — Redemption — Mandatory Redemption From Special Tax Prepayments." See also "SPECIAL RISK FACTORS —Potential Early Redemption of 2022 Bonds from Special Tax Prepayments." Prepayment in Part - Special Tax A. The Maximum Special Tax A on a Parcel of Developed Property or a Parcel of Approved Property for which a building permit has been issued may be partially prepaid in increments of $5,000. The amount of the prepayment shall be calculated pursuant to the Rate and Method. Any such prepayment will result in a redemption of 2022 Bonds prior to maturity. See "THE 2022 BONDS —Redemption — Mandatory Redemption From Special Tax Prepayments." See also "SPECIAL RISK FACTORS —Potential Early Redemption of 2022 Bonds from Special Tax Prepayments." Projected Fiscal Year 2022-23 Special Tax Levy. Table 1 below sets forth the Land Use classifications of the 1,808 Parcels in the District that are Taxable Property for Fiscal Year 2022-23 (based on their status as of April 1, 2022), and their respective portions of projected Special Tax levy for Fiscal Year 2022-23. The Table also shows the aggregate Assigned Special Tax that may be levied under the Rate and Method based on the parcels in each land use class, and the projected Fiscal Year 2022-23 Special Tax levy as a percentage of the Assigned Special Tax. -17- Tax Land Use Class Residential SFR1 Residential SFR2 Residential SFR3 Residential SFR4 Residential SFR5 Residential SFR6 Residential SFR7 Undeveloped UND Totals Table 1 Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) Land Use Classifications and Projected Fiscal Year 2022-23 Special Tax Levy for Taxable Property Assigned No. of Special Tax Residential Floor Area Parcels Per Unit 4,000 sq. ft. or greater 67 $2,294.00 3,600 sq. ft. to 3,999 sq. ft. 162 1,599.00 3,200 sq. ft. to 3,599 sq. ft. 335 1,538.00 2,800 sq. ft. to 3,199 sq. ft. 485 1,360.00 2,400 sq. ft. to 2,799 sq. ft. 351 1,229.00 2,000 sq. ft. to 2,399 sq. ft. 227 1,120.00 Less than 2,000 sq. ft. 179 987.00 N/A 2 9,374.00(') 1,808 Projected Fiscal Total Year Projected 2022-23 Fiscal Year Special 2022-23 Tax Per Special Tax Unit(2) Levy(3) $1,565.65 $104,899 1,091.32 176,793 1,049.68 351,644 928.20 450,176 838.79 294,416 Projected FY 2022-23 Aggregate Special Tax Assigned as percent - Special age of Percent Tax for FY Assigned of Total 2022-23(2)-(4) Taxy2),(4) 6.27% $153,698 10.57 259,038 21.03 515,230 26.92 659,600 17.61 431,379 764.40 173,518 10.38 254,240 673.63 120,579 7.21 176,673 0.00 0 0.00 0 $1,672,025 100.00% $2,449,858 68.25% 68.25 68.25 68.25 68.25 68.25 68.25 N/A (1) Reflects the Maximum Special Tax A per acre for parcels of Undeveloped Property. See, however, THE DISTRICT — Possible Inapplicability of Special Taxes to Certain Property." (2) Based on Total Projected Fiscal Year 2022-23 Special Tax Levy. Preliminary, subject to change. (3) Based on the annual debt service for the 2022 Bonds, as provided by Stifel, Nicolaus & Company Incorporated, allocated among land use classes based on their respective Assigned Special Taxes. Includes, in addition to the scheduled debt service on the 2022 Bonds, $30,000 for Administrative Expenses. Preliminary, subject to change. (4) Note that both the Act and the Rate and Method effectively provide that under no circumstances will the Special Taxes levied against any Parcel used as a private residence be increased in any Fiscal Year as a consequence of delinquency or default by the owner of any other Parcel or Parcels within the District by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there been no delinquencies or defaults. Source: Webb Municipal Finance, LLC Reserve Fund The Fiscal Agent Agreement establishes a debt service reserve fund (the "Reserve Fund") as a separate fund to be held by the Fiscal Agent for the benefit of the Owners of the 2022 Bonds as a reserve for the payment of principal of, and interest and any premium on, the 2022 Bonds. Moneys in the Reserve Fund are subject to a lien in favor of the Owners of the 2022 Bonds. The Reserve Fund is required by the Fiscal Agent Agreement to be maintained in an amount equal to the Reserve Requirement, which is defined in the Fiscal Agent Agreement, as of any date of calculation, as an amount equal to the then Maximum Annual Debt Service, which will be $ as of the Closing Date. On the date of issuance of the 2022 Bonds, a deposit will be made to the Reserve Fund from proceeds of the 2022 Bonds in an amount equal to 25% of the Reserve Requirement as of the date of issuance of the 2022 Bonds, and 75% of the Reserve Requirement will be satisfied with the deposit of the Reserve Fund Municipal Bond Insurance Policy (the "Reserve Fund Insurance Policy"), to be issued by the Municipal Bond Insurer. The Authority is not required under the Fiscal Agent Agreement to replace the Reserve Fund Insurance Policy with cash or a replacement instrument in the event the ratings of the Municipal Bond Insurer decline or are withdrawn or if amounts are unavailable to be drawn under the Reserve Fund Insurance Policy. See "SPECIAL RISK FACTORS - Bond Insurance." -18- Except as otherwise provided in the Fiscal Agent Agreement (with respect to the use of moneys in the Reserve Fund in connection with prepayments of Special Taxes, for the payment of any rebate liability due to the federal government, and the use of moneys in excess of the Reserve Requirement to pay debt service on the Bonds), all amounts deposited in the Reserve Fund will be used and withdrawn by the Fiscal Agent solely for the purpose of making transfers to the Bond Fund in the event of any deficiency at any time in the Bond Fund of the amount then required for payment of the principal of, and interest and any premium on, the Bonds. The Fiscal Agent Agreement allows for amounts in the Reserve Fund to be used, at the written direction of an Authorized Officer of the Authority, for purposes of paying any federal rebate liability under the Fiscal Agent Agreement. Whenever the balance of funds in the Reserve Fund equals or exceeds the amount required to redeem or pay all of the Outstanding 2022 Bonds (not taking into account the amount available to be drawn on the Reserve Fund Insurance Policy), including interest accrued to the date of payment or redemption, the Fiscal Agent will transfer the amount in the Reserve Fund to the Bond Fund to be used for the payment and redemption of all of the Outstanding 2022 Bonds. In the event that the amount transferred from the Reserve Fund to the Bond Fund exceeds the amount required to pay and redeem the Outstanding 2022 Bonds, the balance in the Reserve Fund will be retained by the Authority, free of any encumbrance by the Fiscal Agent Agreement, to be used for any lawful purpose under the Act. Notwithstanding the foregoing, no amounts will be transferred from the Reserve Fund until after (i) amounts in the Reserve Fund are withdrawn for purposes of making payment to the federal government in accordance with the Fiscal Agent Agreement, and (ii) payment of any fees and expenses due to the Fiscal Agent. Covenant for Superior Court Foreclosure Foreclosure Under the Act. Pursuant to Section 53356.1 of the Act, in the event of any delinquency in the payment of the Special Tax on the taxed parcel, the Authority may order the institution of a superior court action to foreclose the lien on the taxed parcel within specified time limits. In such an action, the real property subject to the unpaid amount of the Special Tax lien may be sold at judicial foreclosure sale. Authority Foreclosure Covenant. The Authority has covenanted for the benefit of the Bondowners that the Treasurer will determine on or about February 15 and June 15 of each year whether or not all Special Taxes levied in the prior Fiscal Year have been received by the Authority and, consequently, whether any deficiencies in payment of Special Taxes exist. The Fiscal Agent Agreement provides that, following such determination: (A) if, as of any June 15, the Treasurer determines that any single parcel subject to the Special Tax in the District is delinquent in the payment of Special Taxes in the aggregate amount of $2,500 or more, the Treasurer will send or cause to be sent a notice of delinquency (and a demand for immediate payment thereof) to the property owner, and (if the delinquency remains uncured) foreclosure proceedings shall be commenced by the Authority against the delinquent parcel within 90 days of the sending of such notice; and (B) if the Treasurer determines that, as of any June 15, the total amount of delinquent Special Tax for the then current Fiscal Year for the entire District (including the total of delinquencies under subsection (A) above), exceeds 5% of the total Special Tax due and payable for the then current Fiscal Year, the Treasurer shall promptly notify or cause to be notified property owners who are then delinquent in the payment of Special Taxes (and demand immediate payment of the delinquency), and the Authority shall commence foreclosure proceedings against such parcels within 90 days after the notices of delinquency have been sent. -19- Notwithstanding the foregoing, the Treasurer may defer any mailing of notices of delinquency or foreclosure action if the amount in the Reserve Fund is at least equal to the Reserve Requirement. See Appendix C — "Summary of the Fiscal Agent Agreement." No assurance can be given as to the time necessary to complete any foreclosure sale or that any foreclosure sale will be successful. The Authority is not required to be a bidder at any foreclosure sale and does not intend to be such a bidder. Sufficiency of Foreclosure Sale Proceeds; Foreclosure Limitations and Delays. No assurances can be given that the real property subject to a judicial foreclosure sale will be sold or, if sold, that the proceeds of sale will be sufficient to pay any delinquent Special Tax installment. Subject to the maximum rates, the Rate and Method is designed to generate from all non-exempt property within the District the current year's debt service, administrative expenses, and replenishment of the Reserve Fund to the Reserve Requirement, including an amount reflecting the prior year's delinquencies. However, if foreclosure proceedings are necessary, and the Reserve Fund has been depleted, there could be a delay in payments to owners of the 2022 Bonds pending prosecution of the foreclosure proceedings and receipt by the Authority of the proceeds of the foreclosure sale. Section 53356.6 of the Act requires that property sold pursuant to foreclosure under the Act be sold for not less than the amount of judgment in the foreclosure action, plus post - judgment interest and authorized costs, unless the consent of the owners of 75% of the outstanding Bonds is obtained. However, under Section 53356.6 of the Act, the Authority, as judgment creditor, is entitled to purchase any property sold at foreclosure using a "credit bid," where the Authority could submit a bid crediting all or part of the amount required to satisfy the judgment for the delinquent amount of the Special Tax. If the Authority becomes the purchaser under a credit bid, the Authority must pay the amount of its credit bid into the Bond Fund established for the Bonds, but this payment may be made up to 24 months after the date of the foreclosure sale. Neither the Act nor the Fiscal Agent Agreement requires the Authority to purchase or otherwise acquire any lot or parcel of property foreclosed upon if there is no other purchaser at such sale, and the Authority has no intent to be such a purchaser. The Authority will levy the Special Tax to pay the current year's debt service and related administrative expenses and to replenish the Reserve Fund to the Reserve Requirement taking into account the amount available to be drawn under the Reserve Fund Insurance Policy, subject to Maximum Special Tax A rates. However, in the event such superior court foreclosure proceedings are necessary, and if the Reserve Fund is depleted, there could be a delay in payments of principal of and interest on the 2022 Bonds pending prosecution of the foreclosure proceedings and receipt by the Authority of the proceeds of the foreclosure sale. See "SPECIAL RISK FACTORS —Bankruptcy Delays" and "—Proceeds of Foreclosure Sales." Note also that the approximately 20 acres of property in the District currently classified under the RMA as Undeveloped Property could effectively become exempt from the levy of Special Taxes. See "THE DISTRICT —Possible Inapplicability of Special Taxes to Certain Property." No Teeter Plan Collection of the Special Taxes is not subject to the "Alternative Method of Distribution of Tax Levies and Collections and of Tax Sale Proceeds," as provided for in Section 4701 et seq. of the California Revenue and Taxation Code (known as the "Teeter Plan"). Accordingly, collections of Special Taxes will reflect actual delinquencies, if any. -20- Investment of Moneys Except as otherwise provided in the Fiscal Agent Agreement, all moneys in any of the funds or accounts established pursuant to the Fiscal Agent Agreement will be invested by the Fiscal Agent solely in Permitted Investments, as directed by the Authority. See Appendix C — "Summary of the Fiscal Agent Agreement" for a definition of "Permitted Investments" and for additional provisions regarding the investment of funds held under the Fiscal Agent Agreement. MUNICIPAL BOND INSURANCE Bond Insurance Policy Concurrently with the issuance of the 2022 Bonds, (" if or the "Municipal Bonds Insurer") will issue its Municipal Bond Insurance Policy (the "Policy") for the 2022 Bonds maturing on September 1 of the years through (collectively, the "Insured Bonds"). The Policy guarantees the scheduled payment of principal of and interest on the Insured Bonds when due as set forth in the form of the Policy included as an appendix to this Official Statement. [insert Bond Insurer Info] THE DISTRICT Location and General Description of the District The District is located at the south end of the City along the northeast side of Pechanga Parkway, extending southeast from Loma Linda Road to Deer Hollow Way, just under a mile south of Temecula Parkway and just over a mile east of the Interstate 15 Freeway. The District is a master -planned community known as Wolf Creek, of approximately 557 acres, with 1,806 residential lots improved with single family homes constituting Developed Property under the Rate and Method. In addition, there are approximately 20 acres of vacant land permitted to be developed for commercial uses (which are currently classified as "Undeveloped Property" under the Rate and Method, but are expected to effectively become exempt from the levy of Special Taxes — see "THE DISTRICT —Possible Inapplicability of Special Taxes to Certain Property"), elementary and middle schools, an approximately 43-acre sports park, an approximately 6-acre neighborhood park, three park activity nodes along Wolf Creek Drive, paseos, a recreation center, a library and a fire station. Unincorporated County area is across Pechanga Parkway to the west and southwest and also the area nearby to the south. The property within the District is governed by the Wolf Creek Specific Plan. The Wolf Creek development includes a narrow 6.7-acre park contiguous to Wolf Creek Drive North and Wolf Creek Drive South, including three activity nodes, spanning from the north half to the south half of the project, as well as a paseo system along the backbone roads. In addition, a 6-acre park, located at the main corner of Wolf Valley Road and Wolf Creek Loop Road in the center of the District, includes various amenities such as an open play field, picnic areas, public restrooms, tot lots, monumentation, landscaping, walkways and bike and pedestrian lanes, parking and possible art components in public places. In addition to the public parks, a private recreational facility was constructed that is owned and maintained by the Wolf -21- Creek Maintenance Corporation. The City also constructed an approximately 43-acre sports facility which includes baseball and soccer fields and many other amenities and recreational components. In addition to the above listed amenities, schools and parks, the community provides a wide range of housing. The lot sizes span between 20,000 square foot custom lots to 3,000 square foot courtyard lots. The Temecula Valley Unified School District developed the Temecula Luiseno Elementary School within Phase 1 of the project. The elementary school supplements the Earle Stanley Gardner Middle School, which opened August 27, 2003, adjacent to the first phase of the project and the Great Oak High School at Deer Hollow and Pechanga Parkway (outside the boundary of the District). A fire station is located in the center of the District, which also enhances fire protection and emergency response for the surrounding community. The Wolf Creek development is situated on the floor of Wolf Valley. The Pechanga Creek Channel is located offsite to the southwest, across Pechanga Parkway. The parcel slopes gently to the northwest, with a grade change of approximately 120 feet and overall slope of less than two percent. The Wolf Creek Channel, an earthen channel, is located on the northeast side of Pechanga Parkway. The natural terrain and drainage onsite have been modified by agricultural uses. Views consist of the coastal Santa Ana Mountains to the northwest and the Santa Margarita and Agua Tibia ranges to the southeast and southwest. Historic flood control problems in the vicinity of the District were remedied by the construction of a wide grass -lined flood control channel along the Pechanga Parkway, designed to contain the 100-year floods for the surrounding area. The Wolf Creek development is surrounded on four sides by existing development. It is located immediately adjacent to the developed areas of Rainbow Canyon on the west, and the Redhawk residential and golf course community to the east and the south. Commercial uses exist to the northwest of the Wolf Creek development, including a building supply store, mini warehouse, convenience market and nursery. The Temecula Creek Inn and Golf Course Resort is located to the northwest. The developed portion of the Pechanga Indian Reservation is located southwest of the property across Pechanga Parkway where a casino and support commercial uses have been constructed. City. The following page shows an aerial view of the District, indicating its location in the -22- TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) LOCATION MAP CFD 03-03 (Wolf Creek) ��1 0 4,000 $,000 e � Webb Feet He ii of I I I I I MUNICIPAL FINANCE -23- Possible Inapplicability of Special Taxes to Certain Property The Authority understands that the two parcels totaling approximately 20 acres of property in the District currently classified as Undeveloped Property under the Rate and Method are owned by the Pechanga Band of Luiseno Indians (the "Tribe"). The Authority has been advised that the United States Department of the Interior, Bureau of Indian Affairs, Pacific Regional Office, has prepared an Environmental Assessment (the "EA"), dated March 2022, for the transfer of the two parcels into federal trust status for the Tribe, for development of commercial uses at a future time. Based on the analysis and impacts in the EA, any input received during a public review period, and the entire administrative record, the Bureau of Indian Affairs will decide whether to reach a Finding of No Significant Impact (FONSI), direct further work on the EA, or initiate the preparation of an Environmental Impact Statement. A draft, unsigned FONSI has been prepared and is available for review along with the EA at the Temecula Public Library, 30600 Pauba Rd, Temecula, CA 92592. If the two parcels ultimately are brought into federal trust status for the Tribe, it is expected that the Authority will not be able to levy Special Taxes on the parcels in the future, whether or not they are developed. It should be noted that currently no Special Taxes are being levied on the parcels, and Special Taxes are currently being levied on Developed Property in the District at approximately 64.18% of the Maximum Special Tax rate applicable to Developed Property. Land Use Distribution The District includes 1,806 separate County Assessor's parcels each of which have been improved with a single-family detached home, and two undeveloped parcels. The following table shows the distribution of land use classes of the Taxable Property within the District based on the Rate and Method, the County Fiscal Year 2021-22 assessed values of the parcels, the estimated Special Tax levy for fiscal year 2022-23 for each land use class, and the percentage of the overall Special Tax levy by land use class. -24- Table 2 Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) Distribution of Land Use Classes Under the Rate and Method; Assessed Values and Projected Fiscal Year 2022-23 Special Tax Levy Land Use Classification Developed(i) A - 4,000 or more sq. ft. B - 3,600 or more, but less than 4,000 sq. ft. C - 3,200 or more, but less than 3,600 sq. ft. D - 2,800 or more, but less than 3,200 sq. ft. E - 2,400 or more, but less than 2,800 sq. ft. F - 2,000 or more, but less than 2,400 sq. ft. G - Less than 2,000 sq. ft. Undeveloped(2) Totals Total Projected Fiscal Year Fiscal Year 2022-23 No. of 2021-22 Special Tax Percent Parcels Assessed Value Levy(3) of Total 67 $44,215,238 $104,899 6.27% 162 93,970,911 176,793 10.57 335 178,287,204 351,644 21.03 485 236,367,924 450,176 26.92 351 155,898,158 294,416 17.61 227 88,555,250 173,518 10.38 179 63,717,396 120,579 7.21 2 12,768,722 0 0.00 1,808 $873,780,803 $1,672,025 100.00% (1) Parcels classified as Developed Property are estimated to be levied at 68.25% of their Assigned Special Tax rate for Fiscal Year 2022-23. Preliminary, subject to change. (2) See "THE DISTRICT— Possible Inapplicability of Special Taxes to Certain Property." (3) Based on the annual debt service for the 2022 Bonds, as provided by Stifel, Nicolaus & Company Incorporated, allocated among land use classes based on their respective Assigned Special Taxes. Includes, in addition to scheduled debt service on the 2022 Bonds, $30,000 for Administrative Expenses. Preliminary, subject to change. Source: Webb Municipal Finance, LLC Assessed Property Values No Appraisal of Property in the District. The Authority has not commissioned an appraisal of the Taxable Property in the District in connection with the issuance of the 2022 Bonds. Therefore, the valuation of the Taxable Property in the District has been estimated for purposes of the Act, and as set forth in this Official Statement, based on the County Assessor's values for Fiscal Year 2021-22. Assessed Valuation. The valuation of real property in the Authority for ad valorem tax purposes is established by the County Assessor. Assessed valuations are reported at 100% of the full value of the property, as defined in Article XIIIA of the California Constitution. Article XIIIA of the California Constitution defines "full cash value" as the appraised value as of March 1, 1975, plus adjustments not to exceed 2% per year to reflect inflation, and requires assessment of "full cash value" upon change of ownership or new construction. Accordingly, the assessed valuations presented in this Official Statement may not necessarily be representative of the actual market value of the property in the District. According to the County Assessor's records, as reported by the Special Tax Administrator, the fiscal year 2021-22 total assessed value of 1,808 parcels of Taxable Property in the District is $873,780,803. Historical Assessed Values. The table below shows annual changes in assessed valuations between fiscal years 2015-16 and 2021-22 with respect to the parcels of Taxable Property that are subject to the levy of Special taxes securing the repayment of the 2022 Bonds. -25- Table 3 Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) Historical Assessed Values Fiscal Years 2015-16 through 2021-22 Total Land Improvement Assessed Annual Fiscal Year Total Parcels Assessed Value Assessed Value Valuation(') Percent Change 2015-16 1,808 $174,230,286 $535,481,817 $709,712,103 N/A 2016-17 1,808 176,378,418 559,131,545 735,509,963 3.63% 2017-18 1,808 187,132,403 574,497,946 761,630,349 3.55 2018-19 1,808 198,136,477 591,598,097 789,734,574 3.69 2019-20 1,808 205,115,400 612,073,339 817,188,739 3.48 2020-21 1,808 211,394,623 631,608,006 843,002,629 3.16 2021-22 1,808 217,432,655 656,348,148 873,780,803 3.65 (1) As of January 1 of each year as shown on the County Assessor's Rolls. Total Assessed Value is calculated as the sum of Land Assessed Value and Improvement Assessed Value. Source: Webb Municipal Finance, LLC Value -to -District Lien Ratio General Information Regarding Value -to -District Lien Ratios. The value -to -District lien ratio on bonds secured by special taxes will generally vary over the life of those bonds as a result of changes in the value of the property that is security for the special taxes and the principal amount of the bonds. In comparing the aggregate assessed value of the real property within the District, and the principal amount of the 2022 Bonds, it should be noted that an individual parcel may only be foreclosed upon to pay delinquent installments of the Special Taxes attributable to that parcel. The principal amount of the 2022 Bonds are not allocated among the parcels within the District based on their respective assessed values; rather, the total Special Taxes have been allocated among the parcels within the District according to the Rate and Method. Economic and other factors beyond the property owners' control, such as economic recession, deflation of land values, financial difficulty or bankruptcy by one or more property owners, or the complete or partial destruction of Taxable Property caused by, among other possibilities, earthquake, flood, fire or other natural disaster, could cause a reduction in the assessed value within the District. See "SPECIAL RISK FACTORS —Property Value" and "Bankruptcy Delays." Aggregate Value -to -District Lien Ratio. The aggregate value -to -District lien ratio of Taxable Property in the District, based on fiscal year 2021-22 County assessed values ($873,780,803), and the initial principal amount of the 2022 Bonds ($15,300,000*) is approximately 57:1*. There is, however, overlapping debt, and the properties in the District are subject to a number of taxes, direct charges and assessments. See "THE DISTRICT —Direct and Overlapping Governmental Obligations" below. * Preliminary, subject to change. -26- Value -to -District Lien Ratio Distribution. The table below shows the projected fiscal year 2022-23 projected Special Tax levy, the fiscal year 2021-22 County assessed value, the allocation of the principal amount of the 2022 Bonds to the respective Taxable Parcels, and the estimated debt to value ratios for the ten largest Special Taxpayers in the District. No. of Property Owner(') Parcels Individual Owner 4 Individual Owner 3 Individual Owner 3 Individual Owner 3 Individual Owner 2 Individual Owner 3 2018-3 IH Borrower LP 3 Individual Owner 3 Individual Owner 2 Individual Owner 2 Subtotal Top Ten 28 AllOthers(4) 1,778 Total 1,806 Table 4 Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) Estimated Value -to -Lien by Property Owner(') Assessed Value $1,523,697 1,641,421 1,449,568 1,113,164 1,129,212 1,406,578 1,318,802 1,013,177 1,175,127 785,870 $12,556,616 $848,455,465 $861,012,081 % of Assessed Value 0.18% 0.19 0.17 0.13 0.13 0.16 0.15 0.12 0.14 0.09 1.46% 98.54% 100.0070 FY 2022- 23 Projected % of Special Projected Tax Special Levy(5) Tax Levy $3,460 0.21% 2,938 0.18 2,817 0.17 2,817 0.17 2,657 0.16 2,620 0.16 2,368 0.14 2,277 0.14 2,183 0.13 1,978 0.12 $26,113 1.56% $1,645,912 98.44% $1,672,025 100.00% Estimated Allocation Other Direct of 2022 and Overlap - Bond ping Debt Principal(5) Outstanding(z) $31,657 $30,331 26,886 20,390 25,774 40,285 25,774 42,030 24,313 27,195 23,976 22,715 21,665 19,948 20,834 24,593 19,972 25,482 18,099 21,353 $238,950 $274,322 $15,061,050 $16,495,678 $15,300,000 $16,770,000 Total Direct and Overlap- ping Land Value -to - Secured Lien Debt Ratio(3),(5) $61,988 47,275 66,060 67,805 51,508 46,690 41,613 45,428 45,454 39,452 $513,272 $31,556,728 $32,070,000 24.58:1 34.72:1 21.94:1 16.42:1 21.92:1 30.13:1 31.69:1 22.30:1 25.85:1 19.92:1 24.46:1 26.89:1 26.85:1 (1) Ownership per Riverside County data, dated September 8, 2021. (2) Includes outstanding debt relating to Temecula Valley Unified School District Community Facilities District Nos. 2004-1 IA A and 2004-1 IA B. (3) Based on estimated principal amount of the 2022 Bonds and other overlapping land secured debt. Excludes general obligation bonded indebtedness applicable to parcels within the District. (4) Excludes two Undeveloped Parcels. (5) Preliminary, subject to change. Source: Webb Municipal Finance, LLC -27- The following table sets forth the distribution of assessed value -to -District lien ratios among the 1,806 parcels of Developed Property based on Fiscal Year 2021-22 County assessed values, the projected fiscal year 2022-23 Special Tax levy and the principal amount of the 2022 Bonds. Table 5 Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) Distribution of Value -to -District Lien Ratios Fiscal Year 2021-22 Other Total Percent Direct and Direct and Percent of Projected of Total Overlapp- Overlapp- Percent Total Total FY 2022-23 Projected Estimated ing Debt ing Land Aggregate No. of of Total Assessed Assessed Special FY 2022- 2022 Bond Outstand- Secured Value -to - Assessed Value to Lien(') Parcels Parcels Value Value Tax Levy(5) 23 Levy Principal(') ing(2) Debt(5) Lien(5) Less than 10.00:1(3) 2 0.11% $490,433 0.06% $2,494 0.15% $22,820 $30,784 $53,604 9.15:1 Between 10.00:1 and 19.99:1 259 14.34 98,111,713 11.39 246,559 14.75 2,256,156 3,467,843 5,723,999 17.14:1 Between 20.00:1 and 29.99:1 831 46.01 401,921,122 46.68 785,770 47.00 7,190,255 8,637,114 15,827,370 25.39:1 Between 30.00:1 and 39.99:1 654 36.21 328,510,659 38.15 588,876 35.22 5,388,554 4,314,304 9,702,858 33.86:1 Between 40.00:1 and 49.99:1 59 3.27 31,053,154 3.61 47,277 2.83 432,609 311,672 744,281 41.72:1 Greater than 49.99:1(4) 1 0.06 925,000 0.11 1,050 0.06 9,605 8,283 17,888 51.71:1 Total 1,806 100.00% $861,012,081 100.00% $1,672,025 100.00% $15,300,000 $16,770,000 $32,070,000 26.85:1 (1) Value -to -Lien Ratios based upon estimated principal amount of the 2022 Bonds. (2) Includes outstanding debt relating to Temecula Valley Unified School District Community Facilities District Nos. 2004-1 IA A and 2004-1 IA B. (3) Lowest estimated Value -to -Lien is 8.65:1. (4) Highest estimated Value -to -Lien is 51.71:1. (5) Preliminary, subject to change. Source: Webb Municipal Finance, LLC -28- Special Tax Delinquencies The following table is a summary of Special Tax levies, collections and delinquency rates on taxable properties in the District for fiscal years 2016-17 through fiscal year 2021-22 based on amounts levied and outstanding delinquencies as of the respective Fiscal Year end, and as of February 28, 2022. Table 6 Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) Special Tax Levies, Collections and Delinquencies Fiscal Years 2016-17 through 2021-22 Fiscal Amount Parcels Year Levied Levied 2016-17 $1,893,757.92 1,806 2017-18 1,895,722.68 1,806 2018-19 1,902,160.46 1,806 2019-20 1,890,532.94 1,806 2020-21 1,889,000.46 1,806 2021-220) 942,511.99 1,806 Delinquencies at Fiscal Year End Delinquencies as of February 28, 2022 Parcels Amount Percent Parcels Amount Percent Delinquent Delinquent Delinquent Delinquent Delinquent Delinquent 9 $9,037.59 0.48% 1 $950.02 0.05% 15 12,114.00 0.64 2 2,141.14 0.11 16 12,716.10 0.67 3 2,676.38 0.14 28 20,145.00 1.07 3 2,898.47 0.15 39 25,203.05 1.33 3 3,420.44 0.18 N/A N/A N/A 27 14,149.28 1.50 (1) Amount levied and delinquency information relates only to the first installment special taxes delinquent if not paid by December 10, 2021. Source: Webb Municipal Finance, LLC Direct and Overlapping Governmental Obligations Taxes, Charges and Assessments. The base ad valorem secured property tax rate on property in the District is 1.00% (including ad valorem tax overrides). Property in the District is also subject, or will be subject, to certain annual charges and assessments (which are billed to property owners on a semi-annual basis). See "THE DISTRICT —Sample Tax Bill" below for a list of public agencies that currently levy annual charges and assessments on property in the District. Overlapping Public Debt. The District is located within the boundaries of certain local agencies, other than the Authority, that provide public services and assess property taxes, assessments, special taxes and other charges on the property in the District. Some of these local agencies have outstanding debt. The current and estimated direct and overlapping obligations affecting the property in the District are shown in the following table. The table was prepared by the Special Tax Consultant and is included for general information purposes only. Neither the Authority nor the Underwriter has reviewed this report for completeness or accuracy and they make no representation in connection therewith. -29- Table 7 Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) Direct and Overlapping Bonded Debt I. ASSESSED VALUE 2021-22 Equalized Roll Assessed Valuation(') $873,780,803 II. LAND SECURED BOND INDEBTEDNESS Outstanding Direct and Overlapping Bonded Debt Total Parcels % Amount Type Levied Issued Outstanding Applicable Applicable The District CFD 1,808 $30,990,000 $15,300,000(2),(6) 100.000% $15,300,000(6) Temecula Valley Unified School District CFD 2004-1 IA A CFD 754 12,700,000 9,925,000 100.000 9,925,000 Temecula Valley Unified School District CFD 2004-1 IA B CFD 1,052 14,760,000 6,845,000 100.000 6,845,000 TOTAL OUTSTANDING LAND SECURED BONDED DEBTO $32,070,000(6) Authorized and Unissued Direct and Overlapping Bonded Debt pp g Total Parcels % Amount Type Levied Authorized Unissued Applicable Applicable Temecula Public Financing Authority CFD 03-03 CFD 1,808 $33,000,000 $0(4) 100.000% $0 Temecula Valley Unified School District CFD 2004-1 IA A CFD 754 20,000,000 $0(4) 100.000 0 Temecula Valley Unified School District CFD 2004-1 IA B CFD 1,052 25,000,000 $0(4) 100.000 0 TOTAL UNISSUED LAND SECURED INDEBTEDNESS(3) $0 TOTAL OUTSTANDING AND UNISSUED LAND SECURED INDEBTEDNESS III. GENERAL OBLIGATION BOND INDEBTEDNESS $32,070,000(6) Total Outstanding Direct and Overlapping Bonded Debt Parcels % Amount Type Levied Issued Outstanding Applicable(4) Applicable Temecula Valley Unified School B & I (0.02389%) GO 1,808 $172,747,035 $167,831,294 3.3459567o $5,615,561 MT San Jacinto Comm College (0.013207o) GO 1,808 295,000,000 253,195,000 0.832115 2,106,874 Metropolitan Water East (0.003507o) GO 1,808 850,000,000 26,830,000 0.028256 7,581 EMWD Imp U-8 (0.002007o) GO 1,808 16,000,000 3,276,000 4.504625 147,572 Rancho California Water District (0.30000%)(5) REV 1,808 320,035,000 234,835,000 1.050992 2,468,097 TOTAL OUTSTANDING GENERAL OBLIGATION BONDED DEBT(3) $10,345,685 Authorized and Unissued Direct and Overlapping Indebtedness Total Parcels Amount 70 Type Levied Authorized Unissued Applicable(4) Applicable Temecula Valley Unified School B & I (0.023897o) GO 1,808 $230,0007000 $57,252,965 3.3459567o $1,915,659 MT San Jacinto Comm College (0.013207o) GO 1,808 295,000,000 0 0.832115 0 Metropolitan Water East (0.00357o) GO 1,808 850,000,000 0 0.028256 0 EMWD Imp U-8 (0.002007o) GO 1,808 16,000,000 0 4.504625 0 Rancho California Water District (0.30000%)(5) REV 1,808 320,035,000 0 1.050992 0 TOTAL UNISSUED GENERAL OBLIGATION INDEBTEDNESSN $1,915,659 TOTAL OUTSTANDING AND UNISSUED GENERAL OBLIGATION INDEBTEDNESS $12,261,344 TOTAL OF OUTSTANDING AND UNISSUED LAND SECURED DEBT $32,070,000(6) TOTAL OF ALL OUTSTANDING DIRECT AND OVERLAPPING BONDED DEBT $42,415,685(6) TOTAL OF ALL OUTSTANDING AND UNISSUED DIRECT AND OVERLAPPING INDEBTEDNESS $44,331,344(6) IV. RATIOS TO 2021-2022 ASSESSED VALUATION Outstanding Land Secured Bonded Debt: 27.25:1(6) Outstanding Direct and Overlapping Bonded Debt: 20.60:1(6) (1) Fiscal Year 2021-22 Equalized Roll Assessed Valuation data as of January 1, 2021, Riverside County Assessor's Office. (2) Outstanding debt for the District is based on preliminary bond sizing information provided by the Underwriter. (3) Additional bonded debt or available bond authorization may exist but is not shown because a tax was not levied for Fiscal Year 2021-22. (4) Percentage applicable determined by Fiscal Year 2021-22 Equalized Roll Assessed Value information. (5) The property in the Rancho Division of the Ranch California Water District is assessed at 0.30000% of land assessed value only. (6) Preliminary, subject to change. Source: Webb Municipal Finance, LLC -30- Sample Tax Bill Table 8 below provides, for an average parcel of Taxable Property under the Rate and Method, the expected property tax bill that would be received by an owner of the property for fiscal year 2022-23, based on the projected Special Tax levy for that fiscal year. Table 8 Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) Average Projected Fiscal Year 2022-2023 Tax Obligation(') For Parcels of Developed Residential Property Average Home Value(2) $476,750.88 Ad Valorem Property Taxes: Basic Levy (1.0000%) $4,767.51 Temecula Valley Unified School B & I (0.023897o) 113.90 MT San Jacinto Comm College (0.013207o) 62.93 Metropolitan Water East (0.003507o) 16.69 EMWD Imp U-8 (0.002007o) 9.54 Rancho California Water District (0.300007o)(3) 339.97 Total General Property Taxes $5,310.53 Assessment, Special Taxes & Parcel Charges: FLD CNTL STORMWATER/CLEANWATER $3.94 TEMECULA PARKS/LIGHTING SVS, 74.44 TEMECULA RESIDENTIAL ST LIGHTS 25.68 TEMECULA TRASH/RECYCLING 311.72 TEMECULA PERIMTR LDS ZN 28 129.00 MWD STANDBY EAST 6.94 EMWD STANDBY -COMBINED CHARGE 11.60 Temecula Valley USD CFD 2004-1 IA A 514.55 Temecula Valley USD CFD 2004-1 IA B 785.60 Temecula CFD 03-03 (Wolf Creek)() 925.82(5) Total Assessment Charges $2,789.29(5) Average Total Property Tax $8,099.82(5) Average Effective Tax Rate 1.70%(5) (1) Average projected FY 2022-23 tax rates based upon FY 2021-22 Overlapping Taxes and Assessments. (2) Average Home Value is based upon average Assessed Values for Fiscal Year 2021-22 per Riverside County Equalized Roll data. (3) Property in the Rancho Division of the Rancho California Water District is assessed at 0.300007o of land assessed value only. (4) Reflects average projected Fiscal Year 2022-23 District Special Tax levy. (5) Preliminary, subject to change. Source: Webb Municipal Finance, LLC, based on Assessed Value information obtained from Riverside County -31- THE AUTHORITY The Temecula Public Financing Authority was established pursuant to a Joint Exercise of Powers Agreement, dated April 10, 2001 (the "JPA Agreement"), by and between the City and the Agency. The JPA was entered into pursuant to the provisions of Articles 1 through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of the State of California. The Authority was formed for the primary purpose of assisting in the financing and refinancing of public capital improvements in the City. As of May 1, 2016, the JPA Agreement was amended to provide for the withdrawal of the Successor Agency to the Agency as a member of the Authority, and to add the Temecula Community Services District and the Temecula Housing Authority as members of the Authority. The Authority is administered by a five -member Board of Directors, which currently consists of the members of the City Council of the City. The Authority has no independent staff. The Executive Director of the Authority is the City Manager of the City, and the Treasurer of the Authority is the City's Director of Finance. The Executive Director administers the day-to-day affairs of the Authority, and the Treasurer has custody of all money of the Authority from whatever source. SPECIAL RISK FACTORS The following is a description of certain risk factors affecting the District, the parcels subject to the levy of Special Taxes and the payment of and security for the 2022 Bonds. The following discussion of risks is not meant to be a complete list of the risks associated with the purchase of the 2022 Bonds and does not necessarily reflect the relative importance of the various risks. Potential investors are advised to consider the following factors along with all other information in this Official Statement in evaluating the investment quality of the 2022 Bonds. There can be no assurance that other risk factors will not become material in the future. Payment of the Special Tax is not a Personal Obligation The owners of the parcels in the District are not personally obligated to pay the Special Tax. Rather, the Special Tax is an obligation that is secured only by a lien against the parcels on which it is levied. If the value of the taxable parcels is not sufficient to secure fully the payment of the Special Tax, the Authority has no recourse against the landowners. No General Obligation of the Authority or the District The Authority's obligations under the 2022 Bonds and under the Fiscal Agent Agreement are limited obligations of the Authority on behalf of the District and are payable solely from and secured solely by the Special Tax Revenues, other than up to $30,000 of the first Special Tax Revenues collected in any Fiscal Year to be used to pay Administrative Expenses, and amounts in the Special Tax Fund, the Bond Fund and the Reserve Fund. The 2022 Bonds are neither general or special obligations of the Authority nor general obligations of the District, but are limited obligations of the Authority for the District payable solely from the revenues and funds pledged therefor and under the Fiscal Agent Agreement. None of the faith and credit of the District, the Authority or the State of California or of any of their respective political subdivisions is pledged to the payment of the 2022 Bonds. -32- Property Value If a landowner defaults in the payment of the Special Tax, the Authority's only legal remedy is the institution of a superior court action to foreclose on the delinquent taxable parcel in an attempt to obtain funds with which to pay the Special Tax. The value of the taxable parcels in the District could be adversely affected by economic factors beyond the Authority's control, including, without limitation, (i) adverse changes in local market conditions, such as changes in the market value of real property in the vicinity of the District, the supply of or demand for competitive properties in such area, and the market value of residential property in the event of sale or foreclosure; (ii) changes in real estate tax rates and other operating expenses, governmental rules (including, without limitation, zoning laws and laws relating to endangered species and hazardous materials) and fiscal policies; and (iii) natural disasters (including, without limitation, wildfire, earthquakes and floods), which may result in uninsured losses. See "SPECIAL RISK FACTORS —Natural Disasters." No assurances can be given that the real property subject to a judicial foreclosure sale will be sold or, if sold, that the proceeds of such sale will be sufficient to pay the delinquent Special Tax installment. Although the Act authorizes the Authority to cause such an action to be commenced and diligently pursued to completion, the Act does not specify any obligation of the Authority with regard to purchasing or otherwise acquiring any lot or parcel of property sold at the foreclosure sale in any such action if there is no other purchaser at such sale. The Authority is not obligated and does not expect to be a bidder at any such foreclosure sale. See "SECURITY FOR THE 2022 BONDS —Covenant for Superior Court Foreclosure" and "SPECIAL RISK FACTORS —Proceeds of Foreclosure Sale." Exempt Properties Certain properties are exempt from the Special Tax in accordance with the Rate and Method. In addition, the Act provides that properties or entities of the state, federal or local government are exempt from the Special Tax; provided, however, that property within the District acquired by a public entity through a negotiated transaction, or by gift or devise, that is not otherwise exempt from the Special Tax, will continue to be subject to the Special Tax. It is possible that property acquired by a public entity following a tax sale or foreclosure based upon failure to pay taxes could become exempt from the Special Tax. In addition, the Act provides that if property subject to the Special Tax is acquired by a public entity through eminent domain proceedings, the obligation to pay the Special Tax with respect to that property, for outstanding Bonds only, is to be treated as if it were a special assessment. The constitutionality and operation of these provisions of the Act have not been tested. In particular, insofar as the Act requires payment of the Special Tax by a federal entity acquiring property within the District, it may be unconstitutional (see "SPECIAL RISK FACTORS —Property Interests of Governmental Agencies; Federal Deposit Insurance Corporation"). If for any reason property within the District becomes exempt from taxation by reason of ownership by a nontaxable entity such as the federal government or another public agency, subject to the limitation of the Maximum Rate, the Special Tax will be reallocated to the remaining taxable properties within the District. This would result in the owners of such property paying a greater amount of the Special Tax and could have an adverse impact upon the timely payment of the Special Tax. Moreover, if a substantial portion of land within the District becomes exempt from the Special Tax because of public ownership, or otherwise, the maximum rate that could be levied upon the remaining acreage might not be sufficient to pay principal of and interest on the Series Prior Bonds when due and a default would occur with respect to the payment of such principal and interest. -33- In addition to the foregoing, the approximate 20 acres of currently undeveloped property in the District could effectively become exempt from the levy of Special Taxes. See "THE DISTRICT —Possible Inapplicability of Special Taxes to Certain Property." Parity Taxes and Special Assessments The Special Taxes and any penalties thereon will constitute liens against the taxable parcels in the District until they are paid. Such lien is on a parity with all special taxes and special assessments levied by other agencies and is coequal to and independent of the lien for general property taxes regardless of when they are imposed upon the taxable parcel. The Special Taxes have priority over all existing and future private liens imposed on the property. The Authority, however, has no control over the ability of other entities and districts to issue indebtedness secured by special taxes or assessments payable from all or a portion of the taxable parcels within the District subject to the levy of Special Taxes. In addition, the landowners within the District may, without the consent or knowledge of the District, petition other public agencies to issue public indebtedness secured by special taxes or assessments, and any such special taxes or assessments may have a lien on such property on a parity with the Special Taxes. The imposition of additional indebtedness could reduce the willingness and the ability of the property owners within the District to pay the Special Taxes when due. See "THE DISTRICT —Direct and Overlapping Governmental Obligations." Insufficiency of Special Taxes In order to pay debt service on the 2022 Bonds, it is necessary that the Special Taxes levied against taxable parcels within the District be paid in a timely manner. The Authority has established the Reserve Fund in an amount equal to the Reserve Requirement to pay debt service on the 2022 Bonds to the extent Special Taxes are not paid on time and other funds are not available. See "SECURITY FOR THE 2022 BONDS —Reserve Fund" and Appendix C — "Summary of the Fiscal Agent Agreement —Reserve Fund." Under the Fiscal Agent Agreement, the Authority has covenanted to maintain in the Reserve Fund an amount equal to the Reserve Requirement; subject, however, to the limitations that (i) the Authority may not levy the Special Tax in any fiscal year at a rate in excess of the Maximum Special Tax rates permitted under the Rate and Method and (ii) per the Rate and Method, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within the District. See "SECURITY FOR THE 2022 BONDS —Summary of Rate and Method." Consequently, if a delinquency occurs, the Authority may be unable to replenish the Reserve Fund to the Reserve Requirement due to the limitation of the Maximum Special Tax rates. If such defaults were to continue in successive years, the Reserve Fund could be depleted and a default on the 2022 Bonds would occur if proceeds of a foreclosure sale did not yield a sufficient amount to pay the delinquent Special Taxes. The Authority has made certain covenants regarding the institution of foreclosure proceedings to sell any property with delinquent Special Taxes in order to obtain funds to pay debt service on the 2022 Bonds. See "SECURITY FOR THE 2022 BONDS —Covenant for Superior Court Foreclosure." If foreclosure proceedings were ever instituted, any mortgage or deed of trust holder could, but would not be required to, advance the amount of delinquent Special Taxes to protect its security interest. -34- Tax Delinquencies Under provisions of the Act, the Special Taxes, from which funds necessary for the payment of principal of, and interest on, the 2022 Bonds are derived, are being billed to the taxable parcels within the District on the regular property tax bills sent to owners of the parcels. Such Special Tax installments are due and payable, and bear the same penalties and interest for non-payment, as do regular property tax installments. Special Tax installment payments cannot be made separately from property tax payments. Therefore, the unwillingness or inability of a property owner to pay regular property tax bills as evidenced by property tax delinquencies may also indicate an unwillingness or inability to make regular property tax payments and Special Tax installment payments in the future. See "SECURITY FOR THE 2022 BONDS — Reserve Fund" and "-Covenant for Superior Court Foreclosure" for a discussion of the provisions which apply, and procedures which the District is obligated to follow under the Fiscal Agent Agreement, in the event of delinquency in the payment of Special Tax installments. See also "THE DISTRICT —Special Tax Delinquencies" for historical Special Tax delinquency history. Also, as noted under "SECURITY FOR THE 2022 BONDS —Summary of Rate and Method," the Act and effectively the Rate and Method provide that under no circumstances will the Special Taxes levied in any fiscal year against any Parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner or owners of any other Parcel or Parcels within the District by more than ten percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. Bankruptcy Delays The payment of the Special Tax and the ability of the Authority to commence a superior court action to foreclose the lien of a delinquent unpaid Special Tax, as discussed in "SECURITY FOR THE 2022 BONDS —Covenant for Superior Court Foreclosure," may be limited by bankruptcy, insolvency or other laws generally affecting creditors' rights or by the laws of the State of California relating to judicial foreclosure. Legal opinions to be delivered concurrently with the delivery of the 2022 Bonds (including Bond Counsel's approving legal opinion) will be qualified as to the enforceability of the various legal instruments by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights, by the application of equitable principles and by the exercise of judicial discretion in appropriate cases. Although bankruptcy proceedings would not cause the Special Taxes to become extinguished, bankruptcy of a property owner or any other person claiming an interest in the property could result in a delay in superior court foreclosure proceedings and could result in the possibility of Special Tax installments not being paid in part or in full. Such a delay would increase the likelihood of a delay or default in payment of the principal of and interest on the 2022 Bonds. Proceeds of Foreclosure Sales Pursuant to Section 53356.1 of the Act, in the event of any delinquency in the payment of any Special Tax, the Board of Directors of the Authority, as the legislative body of the District, may order that the Special Taxes be collected by a superior court action to foreclose the lien within specified time limits. The Authority has covenanted in the Fiscal Agent Agreement that it will, under certain circumstances, commence such a foreclosure action. See "SECURITY FOR THE 2022 BONDS —Covenant for Superior Court Foreclosure." -35- No assurances can be given that a taxable parcel in the District that would be subject to a judicial foreclosure sale for delinquent Special Taxes will be sold or, if sold, that the proceeds of such sale will be sufficient to pay the delinquent Special Tax installment. Although the Act authorizes the Authority to cause such an action to be commenced and diligently pursued to completion, the Act does not specify any obligation of the Authority with regard to purchasing or otherwise acquiring any lot or parcel of property sold at the foreclosure sale in any such action if there is no other purchaser at such sale and the Authority has not in any way agreed nor does it expect to be such a purchaser. In a foreclosure proceeding, a judgment debtor (i.e., the property owner) has 140 days from the date of service of the notice of levy in which to redeem the property to be sold and may have other redemption rights afforded by law. If a judgment debtor fails to so redeem and the property is sold, his only remedy is an action to set aside the sale, which must be brought within 90 days of the date of sale if the purchaser at the sale was the judgment creditor. If a foreclosure sale is thereby set aside, the judgment is revived and the judgment creditor is entitled to interest on the revived judgment as if the sale had not been made. If foreclosure proceedings were ever instituted, any holder of a mortgage or deed of trust on the affected property could, but would not be required to, advance the amount of the delinquent Special Tax installment to protect its security interest. In the event such superior court foreclosure or foreclosures are necessary, there could be a delay in principal and interest payments to the owners of the 2022 Bonds pending prosecution of the foreclosure proceedings and receipt by the District of the proceeds of the foreclosure sale, if any. Judicial foreclosure actions are subject to the normal delays associated with court cases and may be further slowed by bankruptcy actions and other factors beyond the control of the Authority, including delay due to crowded local court calendars or legal tactics and, in any event could take several years to complete. In particular, bankruptcy proceedings involving the Landowner or any other owner of a taxable parcel in the District could cause a delay, reduction or elimination in the flow of Special Tax Revenues to the Fiscal Agent. See "SPECIAL RISK FACTORS —Bankruptcy Delays." Natural Disasters The value of the Taxable Property in the future can be adversely affected by a variety of natural occurrences, particularly those that may affect infrastructure and other public improvements and private improvements on the Taxable Property and the continued habitability and enjoyment of such private improvements. Such occurrences include, without limitation, wildfire, earthquakes and floods. One or more of such natural disasters could occur and could result in damage to improvements of varying seriousness. The damage may entail significant repair or replacement costs and that repair or replacement may never occur either because of the cost, or because repair or replacement will not facilitate habitability or other use, or because other considerations preclude such repair or replacement. Under any of these circumstances, the value of the Taxable Property may well depreciate or disappear. Wildfires While there have been no wildfires that have affected property in the City, there have been two recent wildfires in the general area, the Tenaja fire in 2019 and the Chaparral fire in 2021. Both fires were over ten miles from the City boundary, and the District is located on the other side of the City. There have also been recent wildfires in the County of San Diego, but none have crossed into Riverside County or had any impact on property in the City. -36- Hazardous Substances The presence of hazardous substances on a parcel may result in a reduction in the value of a parcel. In general, the owners and operators of a parcel may be required by law to remedy conditions of the parcel relating to releases or threatened releases of hazardous substances. The Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, sometimes referred to as "CERCLA" or the "Superfund Act," is the most well-known and widely applicable of these laws, but California laws with regard to hazardous substances are also stringent and similar. Under many of these laws, the owner or operator is obligated to remedy a hazardous substance condition of property whether or not the owner or operator has anything to do with creating or handling the hazardous substance. The effect, therefore, should any of the taxed parcels be affected by a hazardous substance, is to reduce the marketability and value of the parcel by the costs of remedying the condition, because the purchaser, upon becoming owner, will become obligated to remedy the condition just as is the seller. The Authority has not independently verified, but is not aware of, the presence of any hazardous substances within the District. Disclosure to Future Purchasers The willingness or ability of an owner of a parcel to pay the Special Tax, even if the value of the property is sufficient to justify payment, may be affected by whether or not the owner was given due notice of the Special Tax authorization at the time the owner purchased the parcel, was informed of the amount of the Special Tax on the parcel should the Special Tax be levied at the maximum tax rate and, at the time of such a levy, has the ability to pay it as well as pay other expenses and obligations. The Authority has caused notices of the Special Tax to be recorded in the Office of the Riverside County Recorder against each parcel in the District. Although title companies normally refer to such notices in title reports, there can be no guarantee that such reference will be made or, if made, that a prospective purchaser or lender will consider such Special Tax obligation when purchasing a property within the District or lending money thereon, as applicable. California Civil Code Section 1102.6b requires that, in the case of transfers, the seller must at least make a good faith effort to notify the prospective purchaser of the special tax lien in a format prescribed by statute. Failure by an owner of the property to comply with the above requirements, or failure by a purchaser or lessor to consider or understand the nature and existence of the Special Tax, could adversely affect the willingness and ability of the purchaser or lessor to pay the Special Tax when due. Potential Early Redemption of 2022 Bonds from Special Tax Prepayments Property owners within the District are permitted to prepay their Special Taxes in full or in part at any time. Any such prepayments will result in a mandatory redemption of 2022 Bonds on any date for which timely notice may be given under the Fiscal Agent Agreement following the receipt of the Special Tax prepayment. Any resulting redemption of 2022 Bonds that were purchased at a price greater than par could reduce the otherwise expected yield on such 2022 Bonds. The Authority cannot predict whether and if so when Special Tax prepayments will occur in the future. See "THE 2022 BONDS - Redemption - Mandatory Redemption from Special Tax Prepayments." -37- Property Interests of Government Agencies; Federal Deposit Insurance Corporation The Authority's ability to collect interest and penalties specified by State law and to foreclose the lien of a delinquent Special Tax payment may be limited in certain respects with regard to properties in which the Internal Revenue Service, the Federal National Mortgage Association ("Fannie Mae"), Freddie Mac, the Drug Enforcement Agency, the Federal Deposit Insurance Corporation (the "FDIC") or other similar federal agencies has or obtains an interest. General. The supremacy clause of the United States Constitution reads as follows: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding." The foregoing is generally interpreted to mean that, unless the United States Congress has otherwise provided, if a federal governmental entity owns a parcel that is subject to Special Taxes within the District but does not pay taxes and assessments levied on the parcel (including the Special Taxes), the applicable State and local governments cannot foreclose on the parcel to collect the delinquent taxes and assessments. Moreover, unless the United States Congress has otherwise provided, if the federal government has a mortgage interest in the parcel and the Authority wishes to foreclose on the parcel as a result of delinquent Special Taxes, the property cannot be sold at a foreclosure sale unless it can be sold for an amount sufficient to pay delinquent taxes and assessments on a parity with the Special Taxes and preserve the federal government's mortgage interest. In Rust v. Johnson 597 F.2d 174 (9th Cir. 1979), the United States Court of Appeal, Ninth Circuit (the "Ninth Circuit"), held that Fannie Mae is a federal instrumentality for purposes of this doctrine, and not a private entity, and that, as a result, an exercise of state power over a mortgage interest held by Fannie Mae constitutes an exercise of state power over property of the United States. The Authority has not undertaken to determine whether any federal governmental entity currently has, or is likely to acquire, any interest (including a mortgage interest) in any of the parcels subject to the Special Taxes, and therefore expresses no view concerning the likelihood that the risks described above will materialize while the 2022 Bonds are outstanding. FDIC. In the event that any financial institution making any loan which is secured by real property within the District is taken over by the FDIC, and prior thereto or thereafter the loan or loans go into default, resulting in ownership of the property by the FDIC, then the ability of the Authority to collect interest and penalties specified by State law and to foreclose the lien of delinquent unpaid Special Taxes may be limited. The FDIC's policy statement regarding the payment of state and local real property taxes (the "Policy Statement") provides that real property owned by the FDIC is subject to state and local real property taxes only if those taxes are assessed according to the property's value, and that the FDIC is immune from real property taxes assessed on any basis other than property value. According to the Policy Statement, the FDIC will pay its proper tax obligations when they become due and payable and will pay claims for delinquent property taxes as promptly as is consistent with sound business practice and the orderly administration of the institution's affairs, unless abandonment of the FDIC's interest in the property is appropriate. The FDIC will pay claims for interest on delinquent property taxes owed at the rate provided under state law, to the extent the interest payment obligation is secured by a valid lien. The FDIC will not pay any amounts in the nature of fines or penalties and will not pay nor recognize liens for such amounts. If any property taxes (including interest) on FDIC owned property are secured by a valid lien (in effect before the property became owned by the FDIC), the FDIC will pay those claims. The Policy Statement further provides that no property of the FDIC is subject to levy, attachment, garnishment, foreclosure or sale without the FDIC's consent. In addition, the FDIC will not permit a lien or -38- security interest held by the FDIC to be eliminated by foreclosure without the FDIC's consent. The Policy Statement states that the FDIC generally will not pay non ad valorem taxes, including special assessments, on property in which it has a fee interest unless the amount of tax is fixed at the time that the FDIC acquires its fee interest in the property, nor will it recognize the validity of any lien to the extent it purports to secure the payment of any such amounts. Special taxes imposed under the Act and a special tax formula which determines the special tax due each year, are specifically identified in the Policy Statement as being imposed each year and therefore covered by the FDIC's federal immunity. The Ninth Circuit issued a ruling on August 28, 2001 in which it determined that the FDIC, as a federal agency, is exempt from special taxes levied pursuant to the Act. The Authority is unable to predict what effect the application of the Policy Statement would have in the event of a delinquency with respect to a parcel in which the FDIC has an interest, although prohibiting the lien of the FDIC to be foreclosed on at a judicial foreclosure sale would likely reduce the number of or eliminate the persons willing to purchase such a parcel at a foreclosure sale. Owners of the 2022 Bonds should assume that the Authority will be unable to foreclose on any parcel owned by the FDIC. Such an outcome could cause a draw on the Reserve Fund and perhaps, ultimately, a default in payment of the 2022 Bonds. The Authority has not undertaken to determine whether the FDIC currently has, or is likely to acquire, any interest in any of the parcels in the District, and therefore expresses no view concerning the likelihood that the risks described above will materialize while the 2022 Bonds are outstanding. Cybersecurity The City of Temecula, the employees of which conduct the operations of the Authority including those related to the District, like many other public and private entities, relies on a large and complex technology environment to conduct its operations. As a recipient and provider of personal, private, or sensitive information, the City is subject to multiple cyber threats including, but not limited to, hacking, viruses, malware and other attacks on computer and other sensitive digital networks and systems. Entities or individuals may attempt to gain unauthorized access to the City's digital systems for the purposes of misappropriating assets or information or causing operational disruption and damage. No assurance can be given that the efforts of the City to manage cyber threats and attacks will be successful in all cases, or that any such attack will not materially impact the operations or finances of the City, or the administration of the District and the 2022 Bonds. The City is also reliant on other entities and service providers in connection with the administration of the 2022 Bonds, including without limitation the County tax collector for the levy and collection of Special Taxes and the Fiscal Agent. No assurance can be given that the City and these other entities will not be affected by cyber threats and attacks in a manner that may affect the 2022 Bond owners. COVID-19 Pandemic General. Information about the State's current status regarding the Coronavirus disease can be found at the State's website, www.covidl9.ca.gov. Also see the County's website www.rivcoph.org for up to date information regarding COVID-19 restrictions in place in the County. Reference to the State's and the County's website is included in this Official Statement for general information only and information on such website is not included in this Official Statement by reference to such website. -39- The Special Taxes are collected on ad valorem property tax bills delivered by the County. Property tax delinquencies may increase as a consequence of economic difficulties of property owners arising from the impact of the Coronavirus disease. Bond Insurance In the event of default of the payment of the scheduled principal of or interest on the Insured Bonds when all or some becomes due, the Fiscal Agent on behalf of any owner of the Insured Bonds shall have a claim under the Policy for such payments. The Municipal Bond Insurer may direct and must consent to any remedies with respect to the Insured Bonds and the Municipal Bond Insurer's consent may be required in connection with amendments to any applicable documents relating to the Insured Bonds. See Appendix A - "Summary of the Fiscal Agent Agreement - Provisions Relating to the Bond Insurance Policy." The Municipal Bond Insurer is expected to insure a majority of the 2022 Bonds and may therefore have the ability to direct the actions of the Fiscal Agent, give consents and waivers and take other actions without regard to the views of the owners of the Uninsured Bonds. As a result, Owners of Uninsured Bonds may be limited in the rights and remedies they are able to exercise in the event of a default by the Authority under the Fiscal Agent Agreement. The Municipal Bond Insurer may have different business and other interests than the Owners of the Uninsured Bonds. The Municipal Bond Insurer is also providing the Reserve Fund Insurance Policy that is available to be drawn on to pay debt service on the 2022 Bonds under certain conditions. See "SECURITY FOR THE BONDS - Reserve Fund" herein. The long-term ratings on the Insured Bonds are dependent in part on the financial strength of the Municipal Bond Insurer and its claims paying ability. The Municipal Bond Insurer's financial strength and claims paying ability are predicated upon a number of factors which could change over time. No assurance is given that the long-term ratings of the Municipal Bond Insurer and the ratings on the Insured Bonds will not be subject to downgrade and such event could adversely affect the market price of the Insured Bonds or the marketability (liquidity) for the Insured Bonds. See "RATINGS" herein. The obligations of the Municipal Bond Insurer under the Policy and the Reserve Fund Insurance Policy are unsecured contractual obligations and in an event of default by the Municipal Bond Insurer, the remedies available may be limited by applicable bankruptcy law or state law related to insolvency of insurance companies. No Acceleration Provision The 2022 Bonds and the Fiscal Agent Agreement do not contain a provision allowing for the acceleration of the 2022 Bonds in the event of a payment default or other default under the terms of the 2022 Bonds or the Fiscal Agent Agreement or in the event interest on the 2022 Bonds becomes included in gross income for federal income tax purposes. Taxability Risk As discussed herein under the caption "TAX MATTERS," interest on the 2022 Bonds could become includable in gross income for purposes of federal income taxation retroactive to the date the 2022 Bonds were issued, as a result of future acts or omissions of the Authority in violation of its covenants in the Fiscal Agent Agreement. There is no provision in the 2022 Bonds or the Fiscal Agent Agreement for special redemption or acceleration or for the payment -40- of additional interest should such an event of taxability occur, and the 2022 Bonds will remain outstanding until maturity or until redeemed under one of the other redemption provisions contained in the Fiscal Agent Agreement. In addition, as discussed under the caption "TAX MATTERS," Congress has considered in the past, and may consider in the future, legislative proposals, including some that carry retroactive effective dates, that, if enacted, would alter or eliminate the exclusion from gross income for federal income tax purposes of interest on municipal bonds, such as the 2022 Bonds. Prospective purchasers of the 2022 Bonds should consult their own tax advisors regarding any pending or proposed federal tax legislation. The Authority can provide no assurance that federal tax law will not change while the 2022 Bonds are outstanding or that any such changes will not adversely affect the exclusion of interest on the 2022 Bonds from gross income for federal income tax purposes. If the exclusion of interest on the 2022 Bonds from gross income for federal income tax purposes were amended or eliminated, it is likely that the market price for the 2022 Bonds would be adversely impacted. Enforceability of Remedies The remedies available to the Fiscal Agent and the registered owners of the 2022 Bonds upon a default under the Fiscal Agent Agreement or any other document described in this Official Statement are in many respects dependent upon regulatory and judicial actions that are often subject to discretion and delay. Under existing law and judicial decisions, the remedies provided for under such documents may not be readily available or may be limited. Any legal opinions to be delivered concurrently with the issuance of the 2022 Bonds will be qualified to the extent that the enforceability of the legal documents with respect to the 2022 Bonds is subject to limitations imposed by bankruptcy, reorganization, insolvency or other similar laws affecting the rights of creditors generally and by equitable remedies and proceedings generally. Judicial remedies, such as foreclosure and enforcement of covenants, are subject to exercise of judicial discretion. A California court may not strictly apply certain remedies or enforce certain covenants if it concludes that application or enforcement would be unreasonable under the circumstances and it may delay the application of such remedies and enforcement. No Secondary Market No representation is made concerning any secondary market for the 2022 Bonds. There can be no assurance that any secondary market will develop for the 2022 Bonds. Investors should understand the long-term and economic aspects of an investment in the 2022 Bonds and should assume that they will have to bear the economic risks of their investment to maturity. An investment in the 2022 Bonds may be unsuitable for any investor not able to hold the 2022 Bonds to maturity. Proposition 218 An initiative measure entitled the "Right to Vote on Taxes Act" (the "Initiative") was approved by the voters of the State at the November 5, 1996 general election. The Initiative added Article XIIIC and Article XIIID to the California Constitution. According to the "Title and Summary" of the Initiative prepared by the California Attorney General, the Initiative limits "the authority of local governments to impose taxes and property -related assessments, fees and charges." Provisions of the Initiative have been and will continue to be interpreted by the courts. The Initiative could potentially impact the Special Taxes otherwise available to the District to pay the principal of and interest on the 2022 Bonds as described below. -41- Among other things, Section 3 of Article XIIIC states, "...the initiative power shall not be prohibited or otherwise limited in matters of reducing or repealing any local tax, assessment, fee or charge." The Act provides for a procedure, which includes notice, hearing, protest and voting requirements to alter the rate and method of apportionment of an existing special tax. However, the Act prohibits a legislative body from adopting any resolution to reduce the rate of any special tax or terminate the levy of any special tax pledged to repay any debt incurred pursuant to the Act unless such legislative body determines that the reduction or termination of the special tax would not interfere with the timely retirement of that debt. On July 1, 1997, the Governor of the State signed a bill into law enacting Government Code Section 5854, which states that: Section 3 of Article XIIIC of the California Constitution, as adopted at the November 5, 1996, general election, shall not be construed to mean that any owner or beneficial owner of a municipal security, purchased before or after that date, assumes the risk of, or in any way consents to, any action by initiative measure that constitutes an impairment of contractual rights protected by Section 10 of Article I of the United States Constitution. Accordingly, although the matter is not free from doubt, it is likely that Article XIIIC has not conferred on the voters the power to repeal or reduce the Special Taxes if such reduction would interfere with the timely retirement of the 2022 Bonds. It may be possible, however, for voters or the District or the Board of Directors of the Authority acting as the legislative body of the District to reduce the Special Taxes in a manner that does not interfere with the timely repayment of the 2022 Bonds, but which does reduce the maximum amount of Special Taxes that may be levied in any year below the existing levels. Furthermore, no assurance can be given with respect to the future levy of the Special Taxes in amounts greater than the amount necessary for the timely retirement of the 2022 Bonds. Therefore, no assurance can be given with respect to the levy of Special Taxes for Administrative Expenses (as defined in the Fiscal Agent Agreement). Nevertheless, the Authority has covenanted that it will not consent to, or conduct proceedings with respect to, a reduction in the maximum Special Taxes that may be levied in the District on Developed Property below an amount, for any Bond Year, equal to 110% of the aggregate of the debt service due on the 2022 Bonds in such Bond Year, plus a reasonable estimate of Administrative Expenses for each such Bond Year. However, no assurance can be given as to the enforceability of the foregoing covenant. The interpretation and application of Article XIIIC and Article XIIID will ultimately be determined by the courts with respect to a number of the matters discussed above, and it is not possible at this time to predict with certainty the outcome of such determination or the timeliness of any remedy afforded by the courts. See "—Enforceability of Remedies." Ballot Initiatives Articles XIIIC and XIIID of the California Constitution were adopted pursuant to measures qualified for the ballot pursuant to California's constitutional initiative process, and the State Legislature has in the past enacted legislation that has altered the spending limitations or established minimum funding provisions for particular activities. On March 6, 1995 in the case of Rossi v. Brown, the State Supreme Court held that an initiative can repeal a tax ordinance and prohibit the imposition of further such taxes and that the exemption from the referendum requirements does not apply to initiatives. From time to time, other initiative -42- measures could be adopted by California voters or legislation enacted by the legislature. The adoption of any such initiative or legislation might place limitations on the ability of the State, the Authority, or local districts to increase revenues or to increase appropriations. IRS Audit of Tax -Exempt Bond Issues The Internal Revenue Service has initiated an expanded program for the auditing of tax- exempt bond issues, including both random and targeted audits. It is possible that the 2022 Bonds will be selected for audit by the Internal Revenue Service. It is also possible that the market value of the 2022 Bonds might be affected as a result of such an audit of the 2022 Bonds (or by an audit of similar bonds). See "TAX MATTERS." TAX MATTERS Federal tax law contains a number of requirements and restrictions which apply to the 2022 Bonds, including investment restrictions, periodic payments of arbitrage profits to the United States, requirements regarding the proper use of bond proceeds and the facilities financed therewith, and certain other matters. The Authority has covenanted in the Fiscal Agent Agreement to comply with all requirements that must be satisfied in order for the interest on the 2022 Bonds to be excludable from gross income for federal income tax purposes. Failure to comply with certain of such covenants could cause interest on the 2022 Bonds to become includable in gross income for federal income tax purposes retroactively to the date of issuance of the 2022 Bonds. Subject to the Authority's compliance with the above -referenced covenants, under present law, in the opinion of Quint & Thimmig LLP, Bond Counsel, interest on the 2022 Bonds is excludable from the gross income of the owners thereof for federal income tax purposes, and is not included as an item of tax preference in computing the federal alternative minimum tax under the Internal Revenue Code of 1986, as amended (the "Code"). In rendering its opinion, Bond Counsel will rely upon certifications of the Authority with respect to certain material facts within the Authority's knowledge. Bond Counsel's opinion represents its legal judgment based upon its review of the law and the facts that it deems relevant to render such opinion and is not a guarantee of a result. Ownership of the 2022 Bonds may result in collateral federal income tax consequences to certain taxpayers. Prospective purchasers of the 2022 Bonds should consult their tax advisors as to applicability of any such collateral consequences. The issue price (the "Issue Price") for each maturity of the 2022 Bonds is the price at which a substantial amount of such maturity of the 2022 Bonds is first sold to the public. The Issue Price of a maturity of the 2022 Bonds may be different from the price set forth, or the price corresponding to the yield set forth, on the inside cover page of this Official Statement. If the Issue Price of a maturity of the 2022 Bonds is less than the principal amount payable at maturity, the difference between the Issue Price of each such maturity, if any, of the 2022 Bonds (the "OID 2022 Bonds") and the principal amount payable at maturity is original issue discount. For an investor who purchases an OID 2022 Bond in the initial public offering at the Issue Price for such maturity and who holds such OID 2022 Bond to its stated maturity, subject to the condition that the Authority comply with the covenants discussed above, (a) the full -43- amount of original issue discount with respect to such OID 2022 Bond constitutes interest which is excludable from the gross income of the owner thereof for federal income tax purposes; (b) such owner will not realize taxable capital gain or market discount upon payment of such OID 2022 Bond at its stated maturity; (c) such original issue discount is not included as an item of tax preference in computing the alternative minimum tax for individuals and corporations under the Code, but is taken into account in computing an adjustment used in determining the alternative minimum tax for certain corporations under the Code, as described above; and (d) the accretion of original issue discount in each year may result in an alternative minimum tax liability for corporations or certain other collateral federal income tax consequences in each year even though a corresponding cash payment may not be received until a later year. Owners of OID 2022 Bonds should consult their own tax advisors with respect to the state and local tax consequences of original issue discount on such OID 2022 Bonds. Owners of 2022 Bonds who dispose of 2022 Bonds prior to the stated maturity (whether by sale, redemption or otherwise), purchase 2022 Bonds in the initial public offering, but at a price different from the Issue Price or purchase 2022 Bonds subsequent to the initial public offering should consult their own tax advisors. If a 2022 Bond is purchased at any time for a price that is less than the 2022 Bond's stated redemption price at maturity or, in the case of an OID 2022 Bond, its Issue Price plus accreted original issue discount reduced by payments of interest included in the computation of original issue discount and previously paid (the "Revised Issue Price"), the purchaser will be treated as having purchased a 2022 Bond with market discount subject to the market discount rules of the Code (unless a statutory de minimis rule applies). Accrued market discount is treated as taxable ordinary income and is recognized when a 2022 Bond is disposed of (to the extent such accrued discount does not exceed gain realized) or, at the purchaser's election, as it accrues. Such treatment would apply to any purchaser who purchases an OID 2022 Bond for a price that is less than its Revised Issue Price even if the purchase price exceeds par. The applicability of the market discount rules may adversely affect the liquidity or secondary market price of such 2022 Bond. Purchasers should consult their own tax advisors regarding the potential implications of market discount with respect to the 2022 Bonds. An investor may purchase a 2022 Bond at a price in excess of its stated principal amount. Such excess is characterized for federal income tax purposes as "bond premium" and must be amortized by an investor on a constant yield basis over the remaining term of the 2022 Bond in a manner that takes into account potential call dates and call prices. An investor cannot deduct amortized bond premium relating to a tax-exempt bond. The amortized bond premium is treated as a reduction in the tax-exempt interest received. As bond premium is amortized, it reduces the investor's basis in the 2022 Bond. Investors who purchase a 2022 Bond at a premium should consult their own tax advisors regarding the amortization of bond premium and its effect on the 2022 Bond's basis for purposes of computing gain or loss in connection with the sale, exchange, redemption or early retirement of the 2022 Bond. There are or may be pending in the Congress of the United States legislative proposals, including some that carry retroactive effective dates, that, if enacted, could alter or amend the federal tax matters referred to above or affect the market value of the 2022 Bonds. It cannot be predicted whether or in what form any such proposal might be enacted or whether, if enacted, it would apply to bonds issued prior to enactment. Prospective purchasers of the 2022 Bonds should consult their own tax advisors regarding any pending or proposed federal tax legislation. Bond Counsel expresses no opinion regarding any pending or proposed federal tax legislation. -44- The Internal Revenue Service (the "Service") has an ongoing program of auditing tax- exempt obligations to determine whether, in the view of the Service, interest on such tax- exempt obligations is includable in the gross income of the owners thereof for federal income tax purposes. It cannot be predicted whether or not the Service will commence an audit of the 2022 Bonds. If an audit is commenced, under current procedures the Service may treat the Authority as a taxpayer and the 2022 Bondholders may have no right to participate in such procedure. The commencement of an audit could adversely affect the market value and liquidity of the 2022 Bonds until the audit is concluded, regardless of the ultimate outcome. Payments of interest on, and proceeds of the sale, redemption or maturity of, tax exempt obligations, including the 2022 Bonds, are in certain cases required to be reported to the Service. Additionally, backup withholding may apply to any such payments to any 2022 Bond owner who fails to provide an accurate Form W-9 Request for Taxpayer Identification Number and Certification, or a substantially identical form, or to any 2022 Bond owner who is notified by the Service of a failure to report any interest or dividends required to be shown on federal income tax returns. The reporting and backup withholding requirements do not affect the excludability of such interest from gross income for federal tax purposes. In the further opinion of Bond Counsel, interest on the 2022 Bonds is exempt from California personal income taxes. Ownership of the 2022 Bonds may result in other state and local tax consequences to certain taxpayers. Bond Counsel expresses no opinion regarding any such collateral consequences arising with respect to the 2022 Bonds. Prospective purchasers of the 2022 Bonds should consult their tax advisors regarding the applicability of any such state and local taxes. The complete text of the final opinion that Bond Counsel expects to deliver upon issuance of the 2022 Bonds is set forth in Appendix D. LEGAL MATTERS Concurrent with the issuance of the 2022 Bonds, Quint & Thimmig LLP, Larkspur, California, Bond Counsel, will render its opinion substantially in the form set forth in Appendix D to this Official Statement. Certain legal matters with respect to the 2022 Bonds will be passed upon for the Authority and the District by Richards, Watson & Gershon, A Professional Corporation, Los Angeles, California, in their capacity as attorneys for the Authority, and for the Authority by Quint & Thimmig LLP, Larkspur, California, acting as Disclosure Counsel. Certain legal matters will be passed upon for the Underwriter by Stradling Yocca Carlson & Rauth, a Professional Corporation, Newport Beach, California. Payment of the fees and expenses of Bond Counsel, Disclosure Counsel and Underwriter's Counsel is contingent on the issuance of the 2022 Bonds. From time to time Bond Counsel and Disclosure Counsel represents the Underwriter on matters unrelated to the 2022 Bonds. RATINGS S&P Global Ratings, ("S&P") is expected to assign to the Insured Bonds (being the Bonds maturing on September 1 in the years through and including ) its municipal bond rating of " " with the understanding that the Policy insuring the payment when due of the principal of and interest on the Insured Bonds will be issued concurrently by the Bond -45- Insurer with the delivery of the Insured Bonds. The 2022 Bonds have received the underlying rating of " by S&P. Such ratings reflects only the views of S&P, and any desired explanation of the significance of such ratings may be obtained from S&P Global Ratings. Generally, a rating agency bases its rating on the information and materials furnished to it and on investigations, studies and assumptions of its own. There is no assurance such ratings will continue for any given period of time or that such ratings will not be revised downward or withdrawn entirely by the rating agency, if in the judgment of such rating agency, circumstances so warrant. Any such downward revision or withdrawal of such ratings may have an adverse effect on the market price of the 2022 Bonds. Except as otherwise required in the Continuing Disclosure Certificate, the City undertakes no responsibility either to bring to the attention of the owners of any Bonds any downward revision or withdrawal of any ratings obtained or to oppose any such revision or withdrawal. A rating is not a recommendation to buy, sell or hold securities and may be subject to revision or withdrawal at any time. NO LITIGATION The Authority is not aware of any pending or threatened litigation challenging the validity of the 2022 Bonds, the Special Taxes securing the 2022 Bonds, or any action taken by the Authority in connection with the formation of the District, the levying of the Special Taxes or the issuance of the 2022 Bonds. MUNICIPAL ADVISOR The Authority has retained Fieldman, Rolapp & Associates, Inc., Irvine, California, as its Municipal Advisor (the "Municipal Advisor") in connection with the authorization and delivery of the 2022 Bonds. The Municipal Advisor has assisted in various matters relating to the planning, structuring and sale of the 2022 Bonds. The Municipal Advisor has not independently verified any of the data contained in the Official Statement or conducted a detailed investigation of the affairs of the Authority or the District to determine the accuracy or completely of this Official Statement. UNDERWRITING The 2022 Bonds are being purchased through negotiation by Stifel, Nicolaus & Company, Incorporated (the "Underwriter"). The Underwriter agreed to purchase the 2022 Bonds at a price of $ (which is equal to the par amount of the 2022 Bonds, plus (less) a net original issue premium (discount) of $ , and less an underwriter's discount of $ ). The initial public offering prices set forth on the inside cover page may be changed by the Underwriter. The Underwriter may offer and sell the 2022 Bonds to certain dealers and others at prices lower than the public offering prices set forth on the inside cover page hereof. The Underwriter has entered into an agreement with its affiliate, Vining -Sparks IBG, LLC for the distribution of certain municipal securities offerings at the original issue price. Pursuant to that distribution agreement, Vining -Sparks may purchase the 2022 Bonds from the Underwriter at the original issue price less a negotiated portion of the selling concession applicable to any 2022 Bonds that Vining -Sparks sells. -46- CONTINUING DISCLOSURE The Authority has covenanted in a Continuing Disclosure Agreement for the benefit of the Owners of the 2022 Bonds to provide Annual Reports that include certain annual financial information and operating data, and to provide notices of the occurrence of certain enumerated events. The Authority has retained Webb Municipal Finance, LLC to act as the Dissemination Agent under the Continuing Disclosure Agreement. The Authority or the Dissemination Agent, on behalf of the Authority, will file the Annual Reports and notices as required by the Continuing Disclosure Agreement with the Municipal Securities Rulemaking Board. See Appendix E — "Form of Continuing Disclosure Agreement" for the complete text of the Authority's Continuing Disclosure Agreement. The covenants of the Authority in the Continuing Disclosure Agreement have been made in order to assist the Underwriter in complying with Rule 15c2-12(b)(5) (the "Rule") promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended. A failure by the Authority to comply with the provisions of the Continuing Disclosure Agreement is not an event of default under the Fiscal Agent Agreement (although the holders and beneficial owners of the 2022 Bonds do have remedies at law and in equity). However, a failure to comply with the provisions of the Continuing Disclosure Agreement must be reported in accordance with the Rule and must be considered by any broker, dealer or municipal securities dealer before recommending the purchase or sale of the 2022 Bonds. Therefore, a failure by the Authority to comply with the provisions of the Continuing Disclosure Agreement may adversely affect the marketability of the 2022 Bonds on the secondary market. During the last five Fiscal Years, the Authority has complied in all material respects with its obligations under several continuing disclosure agreements entered into in connection with various community facilities district special tax bonds that it has issued. -47- MISCELLANEOUS Included herein are brief summaries of certain documents, which summaries do not purport to be complete or definitive, and reference is made to such documents for full and complete statements of the contents thereof. Any statements in this Official Statement involving matters of opinion, whether or not expressly so stated, are intended as such and not as representations of fact. This Official Statement is not to be construed as a contract or agreement between the Authority or the District and the purchasers or Owners of any of the 2022 Bonds. The execution and delivery of this Official Statement has been duly authorized by the Board of Directors of the Authority, acting as the legislative body of the District. 20009.19:J18108 TEMECULA PUBLIC FINANCING AUTHORITY, for and on behalf of the TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.03-03 (WOLF CREEK) BE Treasurer -48- APPENDIX A GENERAL, ECONOMIC, AND DEMOGRAPHIC INFORMATION RELATING TO THE CITY OF TEMECULA The following information is provided for background purposes only. The City of Temecula has no liability or responsibility whatsoever with respect to the 2022 Bonds or the Fiscal Agent Agreement. Although reasonable efforts have been made to include up-to-date information in this Appendix A, some of the information is not current due to delays in reporting of information by various sources. It should not be assumed that the trends indicated by the following data would continue beyond the specific periods reflected herein. Introduction The City. The City of Temecula (the "City") is located in southwestern Riverside County, California. The City was incorporated on December 1, 1989. Temecula is bordered by the City of Murrieta to thpe north and the Pechanga Indian Reservation and San Diego County to the south. The City of Temecula forms the southwestern anchor of the Inland Empire region. Temecula is an affluent community. The City is supported by high median and mean income levels as well as the city's favorable tourism and resort industries. The city is a prominent tourist destination, with the Temecula Valley Wine Country, Old Town Temecula, the Temecula Valley Polo Club, the Temecula Valley Balloon & Wine Festival, the Temecula Valley International Film Festival, championship golf courses, and resort accommodations attracting a significant amount of tourists. The City is a general law city, which operates under a council-manager form of government. The City Council consists of five members elected by district to staggered four- year terms. Each year, the City Council elects a Mayor and a Mayor Pro Tern amongst themselves to serve for one calendar year. The Mayor, who has equal legislative power with fellow members of the City Council, serves as the ceremonial leader of the city and as the presiding officer of the bi-weekly City Council meetings. The County. Riverside County, California (the "County") is the 4th-most populous county in California and the 11th-most populous in the United States. The County name was taken from the city of Riverside, which is the county seat. Roughly rectangle -shaped, Riverside County covers 7,208 square miles (18,670 km2) in Southern California, spanning from the Greater Los Angeles area to the Arizona border. Geographically, the county is mostly desert in the central and eastern portions of the county and is a Mediterranean climate in the western portion of the county. Most of Joshua Tree National Park is located in the county. The resort cities of Palm Springs, Palm Desert, Indian Wells, La Quinta, Rancho Mirage, and Desert Hot Springs are all located in the Coachella Valley region of Riverside County. Large numbers of Los Angeles area workers have moved to the county to take advantage of its relatively affordable housing. Alongside neighboring San Bernardino County, it was one of the fastest growing regions in the state prior to the recent changes in the regional economy. In addition, smaller, but significant, numbers of people have been moving into Southwest Riverside County from the San Diego -Tijuana metropolitan area. A-1 Population The table below summarizes population of the City, the County, and the State of California for the last five years. CITY OF TEMECULA, RIVERSIDE COUNTY, and CALIFORNIA Population City of Riverside State of Year Temecula County California 2017 111,556 2,374,555 39,352,398 2018 112,243 2,397,662 39,519,535 2019 112,561 2,419,057 39,605,361 2020 112,512 2,440,719 39,648,938 2021 112,771 2,545,453 39,466,855 Source: California Department of Finance, E-4 Population Estimate for Cities, Counties, and the State, 2011-21, with 2010 Census Benchmark. Employment The following table summarizes historical employment and unemployment for the County, the State of California and the United States: RIVERSIDE COUNTY, CALIFORNIA, and UNITED STATES Civilian Labor Force, Employment, and Unemployment (Annual Averages) Unemployment Year Area Labor Force Employment Unemployment Rate (') 2016 Riverside County 1,051,800 988,000 63,800 6.1% California 19,102,700 18,065,000 1,037,700 5.4 United States 159,187,000 151,436,000 7,751,000 4.9 2017 Riverside County 1,072,500 1,016,200 56,300 5.2 California 19,312,000 18,393,100 918,900 4.8 United States 160,320,000 153,337,000 6,982,000 4.4 2018 Riverside County 1,092,400 1,044,600 47,800 4.4 California 19,398,200 18,582,800 815,400 4.2 United States 162,075,000 155,761,000 6,314,000 3.9 2019 Riverside County 1,014,000 1,057,900 46,100 4.2 California 19,411,600 18,627,400 784,200 4.0 United States 163,539,000 157,538,000 6,001,000 3.7 2020�2) Riverside County 1,107,700 997,700 110,000 9.9 California 18,821,200 16,913,100 1,908,100 10.1 United States 160,742,000 147,795,000 12,947,000 8.1 Source: California Employment Development Department, Monthly Labor Force Data for Counties, Annual Average 2010-20, and US Department of Labor. (1) The unemployment rate is computed from unrounded data; therefore, it may differ from rates computed from rounded figures available in this table. (2) Latest available full -year data. A-2 Major Industries in the City and the County The following tables list the ten largest employers in the City and in the County by employment in 2021. CITY OF TEMECULA Top 10 Employers as of June 30, 2021 % of Total City Employer Employees Employment Temecula Valley USD 3,000 4.83% Abbott Laboratories 1,500 2.42 Temecula Valley Hospital 1,045 1.68 Infineon Technologies 566 .91 Walmart 538 .87 Costco Wholesale 520 .84 Southwest Traders, Inc. 484 .78 Milgard Manufacturing Inc. 468 .75 The Scotts Company 456 .73 FFF Enterprises 366 .59 Total Top 10 62,000 14.40 Source: City of Temecula FY2020-21 ACFR. RIVERSIDE COUNTY Top 10 Employers as of June 30, 2021 of Total County Employer Employees Employment County of Riverside 22,952 2.23% Amazon 10,500 1.02 March Air Reserve Base 9,600 .93 UC Riverside 8,909 .87 Stater Brothers Markets 8,304 .81 Moreno Valley USD 6,250 .61 Kaiser Permanente 5,780 .56 Corona -Norco USD 5,478 .53 Hemet USD 4,460 .43 Ross Dress for Less 4,313 .42 Total Top 10 86,546 8.41 Source: Riverside County FY2020-21 ACFR. A-3 Construction Activity The following tables reflects the five-year history of building permit valuation for the City and the County: CITY OF TEMECULA Building Permits and Valuation (Dollars in Thousands) 2016 2017 2018 2019 2020(') Permit Valuation: New Single-family $ 37,447 $19,390 $17,052 $10,707 $ 47,734 New Multi -family 12,354 2,556 - 14,538 2,512 Res. Alterations/Additions 13,683 5,154 6,381 4,295 7,462 Total Residential 63,485 27,101 23,433 29,542 57,708 Total Nonresidential 40,652 38,940 33,469 28,911 23,605 Total All Building 104,137 66,042 56,903 58,453 81,314 New Dwelling Units: Single Family 161 86 90 54 261 Multiple Family 140 30 - 169 39 Total 301 116 90 223 300 RIVERSIDE COUNTY Building Permits and Valuation (Dollars in Thousands) 2016 2017 2018 2019 2020(') Permit Valuation: New Single-family $1,526,767 $1,670,541 $ 2,200,020 $1,834,821 $ 2,315,365 New Multi -family 106,291 109,308 232,706 282,465 93,149 Res. Alterations/Additions 126,474 123,566 125,353 158,117 110,788 Total Residential 1,759,534 1,903,417 2,558,080 2,275,4044 2,519,303 Total Nonresidential 1,346,019 1,433,690 1,959,680 1,285,855 1,153,777 Total All Building 3,105,554 3,337,107 4,517,761 3,561,260 3,673,080 New Dwelling Units: Single Family 5,662 6,265 7,540 6,563 8,443 Multiple Family 1,039 1,070 1,628 1,798 723 Total 6,701 7,335 9,168 8,461 9,166 Source: Construction Industry Research Board: "Building Permit Summary. Note: Columns may not sum to totals due to independent rounding. (1) Latest available full year data. Household Effective Buying Income "Effective Buying Income" is defined as personal income less personal tax and nontax payments, a number often referred to as "disposable" or "after-tax" income. Personal income is the aggregate of wages and salaries, other labor -related income (such as employer contributions to private pension funds), proprietor's income, rental income (which includes imputed rental income of owner -occupants of non -farm dwellings), dividends paid by corporations, interest income from all sources, and transfer payments (such as pensions and welfare assistance). Deducted from this total are personal taxes (federal, state and local), nontax payments (fines, fees, penalties, etc.) and personal contributions to social insurance. According to U.S. A-4 government definitions, the resultant figure is commonly known as "disposable personal income." The following table summarizes the median household effective buying income for the City, the County, the State and the nation for the past five years. CITY OF TEMECULA, RIVERSIDE COUNTY, STATE OF CALIFORNIA AND UNITED STATES Median Household Effective Buying Income 2017 2018 2019 2020 2021 City of Temecula $ 73,926 $ 77,298 $ 82,329 $ 82,910 $ 93,861 Riverside County 54,014 55,565 59,928 60,865 70,961 California 59,646 62,637 65,870 67,956 77,058 United States 50,735 52,841 55,303 56,790 64,448 Source: Nielsen, Inc. A-5 APPENDIX B TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A Special Tax shall be levied and collected on all Taxable Property located within the boundaries of the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek), ("CFD"). The amount of Special Tax to be levied in each Fiscal Year, commencing in Fiscal Year 2004-2005 on a Parcel shall be determined by the Board of Directors of the Temecula Public Financing Authority or its designee, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set forth in Sections B., C., and D., below. All of the real property within the CFD, unless exempted by law or by the provisions in Section E., shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of a Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other similar recorded County instrument. "Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the California Government Code of the State of California. "Administrative Expenses" the actual or reasonably estimated costs directly related to the administration of the CFD, including but not limited to: the costs of computing the Special Taxes and of preparing the annual Special Tax collection schedules (whether by the CFD Administrator or designee thereof or both); the costs of collecting the Special Taxes (whether by the Authority, County, City, or otherwise); the costs of remitting the Special Taxes to the Trustee for any Bonds; the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under any Indenture; the costs of the Authority, City or designee in complying with arbitrage rebate and disclosure requirements of applicable federal and State securities laws, the Act and the California Government Code, including property owner inquiries regarding the Special Taxes; the costs associated with the release of funds from any escrow account; the costs of the Authority, City or designee related to an appeal of the Special Tax; and an allocable share of the salaries of the City staff and City overhead expense directly relating to the foregoing. Administrative Expenses shall also include amounts advanced by the City or the Authority for any administrative purposes of the CFD. "Approved Property" means for any Fiscal Year, all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) for which a building permit was not issued prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied. "Assessor's Parcel Map" means an official map of the County designating parcels by a parcel number. "Assigned Special Tax" means each Land Use Category of Developed Property, as determined in accordance with Section C., below. IM "Authority" means the Temecula Public Financing Authority. "Backup Special Tax" means the Special Tax A applicable to each Parcel of Developed Property, as determine in accordance with Section C.1.b. below. "Board of Directors" means the Board of Directors of the Authority, acting as the legislative body of the CFD. "Bonds" means any bonds or other indebtedness (as defined in the Act) issued by the CFD and secured by the levy of Special Taxes. "CFD" means Community Facilities District No. 03-03 (Wolf Creek) of the Authority established pursuant to the Act. "CFD Administrator" means the Finance Director of the City, or designee thereof, responsible for determining the Special Tax Requirement and various other amounts described herein and for providing for the levy and collection of the Special Taxes. "City" means the City of Temecula. "County" means the County of Riverside. "Developed Property" means all Parcels of Taxable Property, not categorized as Approved Property, Undeveloped Property, Public Property and/or Property Owner's Association Property that are not Exempt Property pursuant to the provisions of Section E., below: (i) that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied and (ii) a building permit for new construction has been issued prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means any Parcel, which is exempt from Special Taxes pursuant to Section E., below. "Final Map" means a subdivision of property evidenced by the recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or the recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period starting on July 1st and ending on the following June 30th. "Flood Control Channel" means approximately 23.7 acres of channel located within the Wolf Creek Specific Plan No. 12 approved on January 23, 2001. "Indenture" means the indenture, trust agreement, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Category" means any of the categories listed in Table 1. "Maximum Special Tax" means the Maximum Special Tax A and Maximum Special Tax B. "Maximum Special Tax A" means the maximum amount of Special Tax A, determined in accordance with Section C. below, that can be levied in any Fiscal Year on any Parcel to satisfy the Special Tax A Requirement. IM "Maximum Special Tax B" means the maximum amount of Special Tax B, determined in accordance with Section C. below, that can be levied in any Fiscal Year on any Parcel to satisfy the Special Tax B Requirement. "Multifamily Residential Property" means any Parcel of Residential Property that consists of a building or buildings comprised of attached residential units available for rental but not purchase, by the general public and under common management. "Multiple Land Use Property" means any Developed Property containing more than one Land Use Category (e.g. one structure containing Non -Residential Property on the ground floor and Residential Property on the 2nd floor). "Non -Residential Floor Area" means all of the square footage within the perimeter of all structures on a Parcel used in part for non-residential purposes, measured from outside wall to outside wall, exclusive of overhangs, porches, patios, carports, or similar spaces attached to the building but generally open on at least two sides, as determined by reference to the building permit(s) issued for said Parcel, or if these are not available, as otherwise determined by the CFD Administrator. Once such determination has been made for a Parcel, it shall remain fixed in all future Fiscal Years. "Non -Residential Property" means all Parcels of Developed Property for which a building permit was issued for any type of non-residential use. "Parcel(s)" means a lot or parcel shown on an Assessor's Parcel Map with an assigned parcel number as of January 1st preceding the Fiscal Year for which the Special Tax is being levied. "Property Owner's Association Property" means any property within the boundary of the CFD, which, as of January 1st of the preceding Fiscal Year for which the Special Tax is being levied has been conveyed, dedicated to, or irrevocably dedicated to a property owner association, including any master or sub -association. "Proportionately" means for Developed Property that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Parcels of Developed Property and for Approved Property, Undeveloped Property, Public Property and / or Property Owners Association Property that is not Exempt Property pursuant to Section E., that the ratio of actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all such Parcels. "Public Property" means any property within the boundary of the CFD which, as of January 1st of the preceding Fiscal Year for which the Special Tax is being levied is used for rights -of -way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State of California, the County, City or any other local jurisdiction, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use. "Public School District Property" means 33 acres that are acquired or known to the CFD Administrator to be acquired by Temecula Valley Unified School District located within the Wolf Creek Specific Plan No. 12 approved on January 23, 2001, or as subsequently modified, supplemented or amended. "Residential Floor Area" means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by the CFD Administrator with reference to the building permit(s) issued for such Assessor's Parcel or other appropriate means selected by the CFD Administrator. Once such determination has been made for a parcel, it shall remain fixed in all future Fiscal Years. IM "Residential Property" means all Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Special Tax(es)" means Special Tax A or Special Tax B. "Special Tax A" means the Special Tax to be levied in each Fiscal Year on each Parcel of Developed Property, Approved Property, Undeveloped Property, Property Owner Association Property and Public Property that is not Exempt Property pursuant to the provisions in Section E., to fund the Special Tax A Requirement, and shall include Special Taxes levied or to be levied under Sections D., below. "Special Tax B" means the Special Tax to be levied in each Fiscal Year on each Parcel of Developed Property, Approved Property, Undeveloped Property, Property Owner Association Property and Public Property that is not Exempt Property pursuant to the provisions in Section E., to fund the Special Tax B Requirement, and shall include Special Taxes levied or to be levied under Sections D., below. "Special Tax A Requirement" means that amount required in any Fiscal Year to pay: (i) annual debt service on all outstanding Bonds due in the calendar year which commences in such Fiscal Year; (ii) periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) Administrative Expenses; (iv) an amount equal to any anticipated shortfall due to Special Tax A delinquency in the prior Fiscal Year; and (v) any amounts required to establish or replenish any reserve funds for the outstanding Bonds; less (vi) a credit for funds available to reduce the annual Special Tax A levy as determined pursuant to the Indenture. "Special Tax B Requirement" means that amount required in any Fiscal Year to pay the estimated costs of providing services, including the salaries of City staff related to and a proportionate share of City overhead costs, for the maintenance of the Flood Control Channel in an amount not to exceed $100,000 for Fiscal Year 2004-2005, increasing by 2% each Fiscal Year thereafter. "Taxable Property" means all Parcels in the CFD which are not exempt from the Special Tax pursuant to law or Section E., below. "Total Floor Area" means for any Parcel identified as Multiple Land Use Property pursuant to Section C.1.c., below, the sum of the Residential Floor Area and Non -Residential Floor Area. "Undeveloped Property" means all Taxable Property not classified as Developed Property, Approved Property, Public Property and / or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E. B. ASSIGNMENT TO LAND USE CATEGORY Each Fiscal Year, commencing with the 2004-2005 Fiscal Year, all Parcels of Taxable Property within the CFD shall be categorized as either Developed Property, Approved Property, Undeveloped Property, Public Property and / or Property Owner's Association Property that is not Exempt Property pursuant to the provisions in Section E., and shall be subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C., and D., below. Parcels of Developed Property shall further be categorized as Residential Property, Non - Residential Property, or Multiple Land Use Property. A Parcel of Residential Property shall further be categorized to its appropriate Land Use Category based on the Residential Floor Area of such Parcel unless it qualifies as Multifamily Residential Property, for which the Assigned Special Tax shall be based on the number of Acres. C. MAXIMUM SPECIAL TAX RATE 1. Developed Property The Maximum Special Tax A for each Parcel of Residential Property that is categorized as Developed Property shall be the greater of: (i) the applicable Assigned Special Tax described in Table 1., below, or (ii) the amount derived by application of the Backup Special Tax A. The Maximum Special Tax A for each Parcel of Non -Residential Property or Multifamily Residential Property shall be the Assigned Special Tax described in Table 1. The Maximum Special Tax B for each Parcel of Residential Property other than Multifamily Residential Property shall be $58.00 per unit. The Maximum Special Tax B for each parcel of Non -Residential Property or Multifamily Residential Property shall be $385 per acre. These amounts shall increase by 2.00% each year following Fiscal Year 2004-2005. The Maximum Special Tax for each Parcel categorized as Developed Property shall be the Maximum Special Tax A plus the Maximum Special Tax B. a. Assigned Special Tax The Assigned Special Tax for each Parcel of Developed Property, except Multiple Land Use Property, is shown in Table 1., below. TART.F. 1 Assigned Special Taxes for Developed Property Land Use Category Taxable Unit Residential Floor Area Assigned Special Tax Per Taxable Unit A - Residential Property D/U 4,000 or more sq. ft. $2,294 B - Residential Property D/U 3,600 or more, but less than 4,000 sq. ft. $1,599 C - Residential Property D/U 3,200 or more, but less than 3,600 sq. ft. $1,538 D - Residential Property D/U 2,800 or more, but less than 3,200 sq. ft. $1,360 E - Residential Property D/U 2,400 or more, but less than 2,800 sq. ft. $1,229 F - Residential Property D/U 2,000 or more, but less than 2,400 sq. ft. $1,120 G - Residential Property D/U Less than 2,000 sq. ft. $987 H - Multifamily Residential Property Acre N/A $9,374 I - Non -Residential Property Acre N/A $6,404 b. Backu1 Special Tax The Backup Special Tax shall be $9,374 per Acre for Parcels of Developed Property that are included in a Final Map. Notwithstanding the foregoing, if parcels of Residential property are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax shall be recalculated. IM C. Multiple Land Use Property In some instances a Parcel of Developed Property may contain more than one Land Use Category. The Assigned Special Tax levied on such a Parcel shall be the sum of the Assigned Special Tax levies for all Land Use Categories located on that Parcel. The Backup Special Tax A levied on a Parcel shall be the sum of the Backup Special Tax A levies that can be imposed on all Land Use Categories located on that Parcel. The Maximum Special Tax A levied on a Parcel shall be the sum of the Maximum Special Tax A levies that can be imposed on all Land Use Categories located on that Parcel. For purposes of calculating the Backup Special Tax A (but not the Assigned Special Tax) for each Land Use Category under such circumstances, the Acreage assigned to each Land Use Category shall be based on the proportion of Residential Floor Area or Non -Residential Floor Area that is built for each Land Use Category as compared with the Total Floor Area built on the Parcel. The CFD Administrator shall determine all allocations made under this section, and all such allocations shall be final. 2. Approved Property The Maximum Special Tax A for each Parcel of Approved Property shall be $9,374 per Acre. The Maximum Special Tax B for each Parcel of Approved Property shall be $385 per Acre and shall increase by 2.00% each year following Fiscal Year 2004-2005. The Maximum Special Tax for each Parcel categorized as Approved Property shall be the Maximum Special Tax A plus the Maximum Special Tax B. 3. Undeveloped Property The Maximum Special Tax A for each Parcel of Undeveloped Property shall be $9,374 per Acre. The Maximum Special Tax B for each Parcel of Undeveloped Property shall be $385 per Acre and shall increase by 2.00% each year following Fiscal Year 2004-2005. The Maximum Special Tax for each Parcel categorized as Undeveloped Property shall be the Maximum Special Tax A plus the Maximum Special Tax B. 4. Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E. The Maximum Special Tax for each Parcel of Public Property and / or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E, shall be $9,374 per Acre. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2004-2005 and for each following Fiscal Year, the CID Administrator shall levy the Special Tax on all Taxable Property as follows: First: The Special Tax A shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rate in Table 1 as needed to satisfy the Special Tax A Requirement. The Special Tax B shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the Maximum Special Tax B as needed to satisfy the Special Tax B requirement; Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax A for Approved Property. If additional moneys are needed to satisfy the Special Tax B Requirement after the first step has been completed, the Special Tax B shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax B for Approved Property; Third: If additional moneys are needed to satisfy the Special Tax A Requirement after the first two steps have been completed, the Special Tax A shall be levied Proportionately on each Parcel of Undeveloped Property at up to 1007o of the Maximum Special Tax A for Undeveloped Property. If additional moneys are needed to satisfy the Special Tax B Requirement after the first two steps have been completed, the Special Tax B shall be levied Proportionately on each Parcel of Undeveloped Property at up to 1007o of the Maximum Special Tax B for Undeveloped Property; Fourth: If additional moneys are needed to satisfy the Special Tax A Requirement after the first three steps have been completed, the Special Tax A to be levied on each Parcel of Developed Property whose Maximum Special Tax A is derived by the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to the Maximum Special Tax A for each such Parcel; Fifth: If additional moneys are needed to satisfy the Special Tax Requirement A after the first four steps have been completed, the Special Tax A shall be levied Proportionately on each Parcel of Public Property and / or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E., at up to 100% of the Maximum Special Tax A. Notwithstanding the above, under no circumstances will the Special Taxes levied against any Parcel of Residential Property be increased by more than ten percent (10%) per Fiscal Year as a consequence of delinquency or default by the owner of any other Parcel within the CFD. E. EXEMPTIONS The Board shall not levy Special Taxes on up to 33 Acres of Public School District Property. Any residential development or non-residential development occurring within these 33 Acres shall be assigned to the appropriate land use category as defined in Section B and will be taxed at the rates listed under Table 1 in Section C. The Board shall further not levy Special Taxes up to 232 Acres of Public Property and/or Property Owner's Association Property of the CFD. The CFD Administrator will assign Exempt Property status in the chronological order in which property becomes Public Property and / or Property Owner's Association Property. After the limit of Acres within each of the above has been reached, the Maximum Special Tax A obligation for any additional Public Property and / or Property Owner's Association Property shall be prepaid in full pursuant to Section H., prior to the transfer or dedication of such property. Until the Maximum Special Tax A obligation is prepaid as provided for in the preceding sentence, the Public Property and / or Property Owner's Association Property within the CFD shall be subject to the levy of the Special Tax as provided for in the fifth step in Section D. F. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary Ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act. IM G. REVIEW AND APPEAL Any taxpayer may file a written appeal of the Special Tax levied on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant's property. No refunds of previously paid Special Taxes shall be made. H. PREPAYMENT OF SPECIAL TAX The following definitions apply to this Section H: "CFD Public Facilities means $25,800,000 expressed in 2003 dollars, which shall increase by the Construction Inflation Index on July 1, 2004, and on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide the public facilities under the authorized bonding program of the CFD, or (ii) shall be determined by the Board of Directors concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture to hold funds that are currently available for expenditure to acquire or construct public facilities eligible to be funded by the CFD under the Act. "Construction Inflation Index" means the annual percentage change in the Engineering News - Record Building Cost Index for the City of Los Angeles, measured as of the calendar year, which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Engineering New -Record Building Cost Index for the City of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus public facility costs funded or available to be funded by the amount in the Construction Fund, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. "Outstanding Bonds" means all previously issued Bonds secured by the levy of Special Taxes, which will remain outstanding after the first interest and / or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Taxes. 1. Prepayment in Full — Special Tax A The Maximum Special Tax A obligation may only be prepaid and permanently satisfied by a Parcel of Developed Property, Approved Property for which a building permit has been issued, or Public Property and / or Property Owner's Association Property that is not Exempt Property pursuant to Section E, except that a Special Tax B may be levied on such Parcel after the prepayment has occurred. The Maximum Special Tax A obligation applicable to such Parcel may be fully prepaid and the obligation of the Parcel to pay the Special Tax A permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to the Parcel at the time of prepayment. An owner of a Parcel intending to prepay the Maximum Special Tax A obligation shall provide the CFD Administrator with written notice of intent to prepay, and within 10 business days of receipt of :: such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the proper prepayment amount. Within 5 business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount of such Parcel. Prepayment must be made not less than 60 days prior to any redemption date, unless authorized by the CFD Administrator, for any Bonds to be redeemed with the proceeds of such prepaid Special Tax A. The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount 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 (defined below) shall be calculated as follows: For Parcels of Developed Property, compute the Maximum Special Tax A for the Parcel to be prepaid. For Parcels of Approved Property to be prepaid, compute the Maximum Special Tax A for that Parcel as though it was already designated as Developed Property, based upon the building permit, which has already been issued for that Parcel. For Parcels of Public Property and / or Property Owner's Association Property to be prepaid, compute the Maximum Special Tax A for that Parcel. 2. Divide the Maximum Special Tax A computed pursuant to paragraph 1 by the total estimated Maximum Special Taxes A based on the Developed Property Special Tax A which could be charged on all expected development, less any Parcels which have been prepaid. 3. Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount"). 4. Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"). 5. Compute the Future Facilities Costs. Multiply the quotient computed pursuant to paragraph 2 by the amount determined pursuant to paragraph 5 to compute the amount of Future Facilities Costs to be prepaid (the "Future Facilities Amount") 7. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and / or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. 8. Determine the Special Taxes A levied on the Parcel in the current Fiscal Year which have not yet been paid. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Bond Redemption Amount less the Future Facilities Amount from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 10. Add the amounts computed pursuant to paragraphs 7 and 8 and subtract the amount computed pursuant to paragraph 9 (the "Defeasance Amount"). 11. Verify the administrative fees and expenses, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming the Outstanding Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses"). 12. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 13. The Maximum Special Tax A prepayment is equal to the sum of the amounts computed pu