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Home My WebLink About031803 CC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to padicipate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA. TEMECULA CITY COUNCIL AN ADJOURNED REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MARCH 18, 2003 - 7:00 P.M. At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 11:00 P.M. and may continue ali other items on which additional time is required until a future meeting. All meetings are scheduled to end at 11:00 P.M. 6:00 P.M. - Closed Session of the City Council and Redevelopment Agency pursuant to Government Code Sections: 1. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(a) with respect to one matter of existing litigation involving the City. The following case will be discussed: City of Temecula v. The Edge Nightclub. 2. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.8 regarding real property acquisition at 27500 Jefferson Avenue. Under negotiation is the price and terms of the real property interests. The negotiating parties are the City of Temecula/Redevelopment Agency and Norm Reeves Honda, Donna L. Reeves Trust. The City negotiators are Shawn Nelson, Jim O'Grady, and John Meyer. 3. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.8 regarding real property acquisitions of six vacant properties located at the northern City limits, west of Interstate 15 (APN Nos. 910-262-001, -002, and -004 are located in the City of Murrieta adjacent to 1-15, just north of City limits; APN No. 910-262-003 is also adjacent to I-t5 and is just south of City limits; and APN Nos. 910-262-010 and -009 are on the east side of Jefferson Avenue just east of Cherry Street. Under negotiation is the price and terms of the real property interests. The negotiating parties are the City of Temecula and Joseph C. Harold Trust, PMD Investments/Hoffman Investments, and Ernest Joe and Ethel B. Jubela. The City negotiators are Shawn Nelson, James O'Grady, and Bill Hughes. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: No. 2003-04 Resolution: No. 2003-26 CALL TO ORDER: Mayor Jeff Stone Prelude Music: Eve Craig R:~Agenda\031803 1 Invocation: Rabbi Hurwitz Flag Salute: Councilman Pratt ROLL CALL: Comerchero, Naggar, Pratt, Roberts, Stone PRESENTATIONS/PROCLAMATIONS Presentation of the Medic Vehicles PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action, 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of January 28, 2003; 2.2 Approve the minutes of February 11, 2003; R:~Agenda\031803 2 2.3 Approve the minutes of February 25, 2003. 3 Resolution Approvin,q List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of January 31, 2003. 5 Radio Tower Controller (At the request of Mayor Stone and Mayor Pro Tern Naggar) RECOMMENDATION: 5.1 Authorize $1,500 to replace a controller for the radio repeater for the Temecula Valley Chapter of RACES. 6 Resolution 0f Support - Indian Gaminq Local Community Benefits Act RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, SUPPORTING THE INDIAN GAMING LOCAL COMMUNITY BENEFITS ACT AS DEVELOPED BY THE TRIBAL ALLIANCE OF SOVEREIGN INDIAN NATIONS' (TASIN) LOCAL GOVERNMENT COMMITTEE FOR ALLOCATING AND DISTRIBUTING THE INDIAN GAMING SPECIAL DISTRIBUTION FUND 7 All-Way Stop Control (located at Butterfield StaRe and Channel StreetNVelton Way) RECOMMENDATION" 7.1 Adopt a resolution entitled: R:~Agenda\031803 3 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ALL-WAY STOP CONTROL AT THE INTERSECTION OF BUTTERFIELD STAGE ROAD AND CHANNEL STREET/WELTON WAY 8 Amendment No. 1 to the Annual Citywide Routine Maintenance Contract RECOMMENDATION: 8.1 Approve Amendment No. 1 to the Annual Citywide Routine Maintenance Contract with Monteleone Excavating for an amount of $100,000.00 and authorize the Mayor to execute the amendment. 9 Library Grant Application RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE TEMECULA PUBLIC LIBRARY PROJECT BUDGET, LOCAL FUNDING COMMITMENT, AND SUPPLEMENTAL FUNDS AS REQUIRED UNDER THE CALIFORNIA READING AND LITERACY IMPROVEMENT AND LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000 9.2 Approve the grant application for the California Reading and Literacy Improvement and Public Library Construction and Renovation Act of 2000 and authorize staff to submit the application to the Bond Act Board; 9.3 Approve the Library Joint Use Cooperative Agreement among the Temecula Valley Unified School District, the County of Riverside, and the City of Temecula to provide programs and services that enhance the academic goals for school children in grades K through 12. 10 Consideration of ioinin.q other cities in the United States in f I nq an Amicus Curiae Brief in the United States Supreme Coud in support of the City of Burbank in the Invocation Case, Rubin v. City of Burbank RECOMMENDATION: 10.1 Authorize joining with other cities in the United States in the filing an amicus curiae brief ("friend of the court brief") in support of the City of Burbank's position in the case of Rubin v. City of Burbank challenging the content of invocations given at the beginning of city council meetings and authorize the City Attorney to file the necessary documents with the Court. R:~Agenda\031803 4 RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY R:~Agenda\031803 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 2003-01 Resolution: No. CSD 2003-06 CALLTO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Naggar, Pratt, Roberts, Stone, Comerchero PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item no~t on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of February 25, 2003. 2 Fourth of July Fireworks Presentation RECOMMENDATION: 2.1 Award a contract to Pyro Spectaculars exercising the third-year option to renew for the preparation and display for the 2003 Fourth of July Extravaganza Fireworks Show presentation in an amount of $25,000; 2.2 Approve a10% contingency for an amount not to exceed $2,500. R:~Agenda\031803 6 3 Accept Substitute Landscape Bonds in Tract No. 23143-1 (Crowne Hill Development [located southeasterly of intersection of Pauba Road at Butterfield Stage Road]) RECOMMENDATION: 3.1 Accept the Substitute Landscape Bonds from Greystone Homes, Inc. for Tract No. 23143-1. DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, March 25, 2003, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\031803 7 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 2003-01 Resolution: No. RDA 2003-06 CALL TO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item no__t on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1Minutes RECOMMENDATION: 1.1 Approve the minutes of February 11, 2003; 1.2 Approve the minutes of February 25, 2003. 2Purchase and Sale Agreement for a Commercial Site in Old Town RECOMMENDATION: 2.1 Adopt a resolution entitled: R:~Agenda\031803 8 RESOLUTION NO. RDA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS FOR CERTAIN REAL PROPERTY LOCATED AT 28690 MERCEDES STREET IN THE CITY OF TEMECULA AGENCY BUSINESS 3 Old Town Identification Si.qns RECOMMENDATION: 3.1 Direct staff to proceed with the installation of the additional identification signs in Old Town. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, March 25, 2003, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\031803 9 TEMECULA PUBLIC FINANCING AUTHORITY Next in Order: Ordinance: No. TPFA 2003-01 Resolution: No. TPFA 2003-03 CALL TO ORDER: Chairperson Jeff Stone ROLL CALL AGENCY MEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Temecula Public Financing Authority on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item no~t on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state ,/our name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of January 28, 2003. AUTHORITY BUSINESS 2 Formation of Community Facilities District - Wolf Creek RECOMMENDATION: 2.1 Adopt a resolution entitled: R:~Agenda\031803 10 RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN - WOLF CREEK 2.2 Adopt a resolution entitled: RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 01-3 (WOLF CREEK) EXECUTIVE DIRECTOR'S REPORT BOARD MEMBERS' REPORTS ADJOURNMENT R:~Agenda\031803 11 RECONVENE THE CITY COUNCIL MEETING COUNCIL BUSINESS 11 Reappointment of Riverside County Habitat Conservation Agency and French Valley Airport Committee Assignments (At the request of Councilman Pratt) RECOMMENDATION: 11.1 Appoint one member of the City Council to serve on each of the following external committees: French Valley Airport Committee and Riverside County Habitat Conservation Agency. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: City Council, Tuesday, March 25, 2003, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\031803 12 PROCLAMATIONS AND PRESENTATIONS ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JANUARY 28, 2003 After the Closed Session that convened at 5:30 P.M., the City Council convened in Open Session at 7:01 P.M., on Tuesday, January 28, 2003, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Councilmembers: Comerchere, Naggar, Pratt, Stone, Roberts Absent: Councilmember: None PRELUDE MUSIC The prelude music was provided by Cathy Choi. INVOCATION The invocation was given by City Manager Shawn Nelson. ALLEGIANCE The flag ceremony was presented by Mayor Pro Tem Naggar. PRESENTATION/PROCLAMATIONS Certificate of Achievement to Michael Jenkins for achievin,q Eaqle Scout Rank Mayor Stone presented the Certificate to Michael Jenkins, who proceeded with a brief overview of his project. PUBLIC COMMENTS A. Ms. Denise Orm, 45241 Callesita Ordenes, representing the Church of Jesus Christ of Latter Day Saints, presented the City Council with copies of a book entitled They Passed This Way- Legacy of the Mormon Battalion of Temecula Valley written by Rebecca Ford. B. Mr. Tom Stillings, 35595 Glenoaks Road, requested that the City enhance landscaping along Butterfield Stage Road, and suggested planting rows of trees to provide an adequate buffer, both for visual and sound concerns. C. Expressing concerns of erosion control along Butterfield Stage Road, Mrs. Susan Stillings, 35595 Glenoaks Road requested additional landscaping to address this issue. D. Mr. Brian McClung, 31147 Brussels Street, Winchester, addressed the City Council regarding traffic law enforcement issues. E. Addressing the need for assistance to Old Town businesses, Mr. Otto Baron, 28681 Pujol Street, requested that the City Council explore additional methods to enhance the visibility of businesses that do not have frontage on Main or Front Streets. F. Ms. Karen Kreider, 28337 Hearthside, Menifee, requested that the City post adequate signs in Old Town to direct visitors to businesses in the area. R:\Minutes\012803 1 CITY COUNCIL REPORTS A. Mayor Pro Tem Naggar invited the public to attend the Second Inaugural Meeting of the Temecula Citizens Corps, on Thursday, January 30, 2003, 7:00 p.m., in the City Council Chambers. He noted that any questions regarding this program should be directed to the Temecula Police Department, Sergeant Waite or Officer Rachel Frost at 696-3000. B. Councilman Pratt announced that Agenda Item No. 21 would address signage issues in Old Town and requested that those interested in this item remain in attendance. C. Reporting on AB1010 (legislation enabling the purchase of State Route 91 Toll Road), Councilman Roberts informed the public that the County is the current owner of this toll road and that the Board will be exploring revisions such as free ride for HOV lane (3+) and the addition of an ancillary lane each way. D. Mayor Stone reported on his attendance at the National Conference of Mayors in Washington D.C., advising that topics of discussion included Homeland Security and the President's Economic Stimulus Plan, proposed in the 2003 Budget. Among the group discussions, topics dealing with gangs and graffiti were at the forefront. Mayor Stone shared the City of Temecula's Graffiti Ordinance and the "Get a Grip Program," with the City of Los Angeles' Mayor and Police Chief showing interest and requesting a copy. Other topics at the National Conference of Mayors included the impact of developments outside of City limits causing traffic problems within cities. Programs such as TUMF and the Riverside County Integrated Plan were discussed. Mayor Stone commented on the advantages of organizations such as the National Conference of Mayors and suggested that the City join efforts on the following two programs: Breast Cancer Awareness and Prostate Cancer Awareness, noting that he would be requesting to agendize these issues in the near future for full City Council review. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of November 26, 2002; 2.2 Approve the minutes of December 10, 2003; 2.3 Approve the minutes of December 17, 2003. R:~Vlinutes\012803 2 3 Resolution Approvin.q List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 03-0!3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIIVIS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve Sponsorship Request for the Temecula Valley Balloon & Wine Festival Association RECOMMENDATION: 4.1 Approve the event sponsorship agreement with the Temecula Valley Balloon & Wine Festival Association in the amount of $35,000 and authorize the Mayor to execute the agreement. In addition, the Festival requests that the City will provide temporary logistical support of traffic control signs and devices to assist with public safety during the Festival. 5 2003 Workers' Compensation Coverage Annual Renewal RECOMMENDATION: 5.1 Select State Compensation Insurance Fund as the City's Employee Workers' Compensation Insurance for Plan Year 2003 which begins on February 1, 2003. 6 Old Town Temecula Storefront Lease A.qreement RECOMMENDATION: 6.1 Approve the lease agreement for the Temecula Police Department storefront facility in Old Town Temecula beginning February 1, 2003, and terminating January 31, 2006. 7 Approve Grant of Easement whereby the City .qrants to Eastern Municipal Water District (EMWD) an easement for the ri.qht of access to the Puiol Street Lift Station RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 03-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GRANT OF EASEMENT WHEREBY CITY GRANTS TO EASTERN MUNICIPAL WATER DISTRICT AN EASEMENT FOR THE RIGHT OF ACCESS TO THE PUJOL STREET LIFT STATION R:\Minutes\012803 3 8 Approve Grant Deed whereby City ,qrants to Eastern Municipal Water District (EMWD) in fee the land used for the Puiol Street Lift Station RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 03-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GRANT DEED WHEREBY THE CITY GRANTS IN FEE TO EASTERN MUNICIPAL WATER DISTRICT THE LAND USED FOR THE PUJOL STREET LIFT STATION 9 Future Fundin,q of Murrieta Creek Flood Control, Environmental Restoration and Recreation Project RECOMMENDATION: 9.1 Authorize the Mayor to sign the letter and authorize staff to transmit said letter to the General Manager of the Riverside County Flood Control and Water Conservation District. 10 Completion and Acceptance for Pavement Rehabilitation ProRram - Rancho California Road - Project No. PW02-03 RECOMMENDATION: 10.1 Accept the Pavement Rehabilitation Program - Rancho California Road - Project No. PW02-03 - as complete; 10.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; 10.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion, if no liens have been filed. 11 Award of Construction Contract for the Asphalt Crackfill Project - various streets - FY2002- 2003 - Proiect No. PW02-24 RECOMMENDATION: 11.1 Award a construction contract for the Asphalt Crackfill Project for FY2002-2003 to Global Road Sealing, Inc. in the amount of $77,600 and authorize the Mayor to execute the contract; 11.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $7,760.00 which is equal to 10% of the contract amount. R:\Minutes\012803 4 12 Second Readinq of Ordinance No. 03-01 (Transportation Uniform Mitiqation Fee) RECOMMENDATION: 12.1 Adopt an ordinance entitled: ORDINANCE NO. 03-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AND ADDING CHAPTER 15.08 TO THE TEMECULA MUNICIPAL CODE 13 Second Readinq of Ordinance No. 03-02 (Eli Lilly) RECOMMENDATION: 13.1 Adopt an ordinance entitled: ORDINANCE NO. 03-02 AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF TEMECULA AMENDING THE REGIONAL CENTER SPECIFIC PLAN (SP-7) TO REMOVE ONE PARCEL (LOT I OF PARCEL MAP NO. 30107) FROM THE REGIONAL CENTER SPECIFIC PLAN (SP-7), GENERALLY LOCATED Al' THE SOUTHEAST CORNER OF OVERLAND DRIVE AND YNEZ ROAD (PLANNING APPLICATION NO. 02-0510) 14 Second Readin.q of Ordinance No. 03-03 (Eli Lilly) RECOMMENDATION: 14.1 Adopt an ordinance entitled: ORDINANCE NO. 03-03 AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP TO CHANGE LOT t OF PARCEL MAP NO. 30107 FROM SP-7 TO COMMUNITY COMMERCIAL, AND LOTS 2 AND 3 OF PARCEL MAP NO. 30107 FROM BUSINESS PARK TO COMMUNITY COMMERCIAL, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF OVERLAND DRIVE AND YNEZ ROAD (PLANNING APPLICATION NO. 02-0509) MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1 - 14. The motion was seconded by Mayor Pro Tem Naggar and voice vote reflected unanimous approval. R:\Minutes\012803 5 Although not removing the item from the Consent Calendar, Mayor Stone commented on Item No. 5 (Workers' Compensation coverage), stating his concerns over the rising costs of Workers' Compensation Coverage, especially as it relates to small business owners. He requested that a letter be sent to the State Legislators, on behalf of the City Council, urging legislation be enacted that will cap workers' compensation premiums and ensuring that there are companies available to offer this type of insurance at a competitive rate. At 7:53 p.m., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Temecula Public Financing Authority. After a short recess, the City Council Meeting resumed with the agenda at 8:10 p.m. PUBLIC HEARING 15 An Appeal of the Planning Commission's approval of PA00-0507 (Development Plan) - a proposal to develop a 42,000 square foot 70-room four-story hotel buildinq on a 1.35 acre lot RECOMMENDATION: 15.1 Adopt a Notice of Exemption for Planning Application No. 00-0507 (Development Plan) per the California Environmental Quality Act Section 15332 Class 32; 15.2 Adopt a resolution entitled: RESOLUTION NO, 03- A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA00-0507 (DEVELOPMENT PLAN - APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA00- 0507 (DEVELOPMENT PLAN) FOR THE DEVELOPMENT OF A FOUR-STORY, 70-ROOM, 42,000 SQUARE FOOT HOTEL BUILDING ON A t.35 ACRE VACANT PARCEL LOCATED APPROXIMATELY 200 FEET EAST OF JEFFERSON AVENUE AND 200 FEET NORTH OF WINCHESTER ROAD, AND KNOWN AS ASSESSOR'S PARCEL NO. 9t0-282-007 Deputy City Manager Thornhill presented the staff report (of record), clarifying the proposed recommendation. By way of elevation drawings, Principal Planner Hazen reviewed the application (as per the staff report), noting the following: · That the application was presented at a .71 Floor Area Ratio (FAR); · That the target FAR for the Highway/Tourist Commercial zoning district is .30 FAR; · That is common for motels to exceed the .30 FAR in order to make the projects economically feasible; · That the Commission had approved the application because of its landscaping, architectural enhancements, and its Transient Occupancy Tax (TOT) benefits; · That there is a common driveway serving the entire center; · That lot coverage controls the amount of lot covered; and that FAR controls the bulk and mass of the building; · That a three-story structure would put the FAR in line with other hotels (.40 FAR); R:~vlinutes\012803 6 · That as a result of the Planning Commission meetings, upgrades were made to the building by increasing the use of stone, window/balcony wrought iron railings, water fountain, site upgrades, and upgraded and denser landscaping; · That the proposed use is a permitted use in the zoning district; that another motel happens to be located next to the proposed use; · That 71 parking spaces are being proposed for this site which meets the minimum requirements based on the number of rooms; that if the square footage were decreased, the required parking spaces would be decreased as well. Having read the Planning Commission minutes with regard to this matter, Councilman Roberts stated that he would not view the proposed landscaping/architectural enhancements at an exceptional level warranting an increase in the FAR. Mr. Roberts expressed concern with regard to access points, land locked, traffic impacts, and height of the structure. Councilman Comerchero relayed his desire for additional landscaping along the building which faces the freeway with Principal Planner Hazen advising that 24" and 36" box trees will be planted along the freeway perimeter. In response to Councilmembers Comerchero and Roberts, Planning Chairman Chiniaeff commented on the Commission's effort to address the FAR issue; noted that a majority of the. building would not be visible from Jefferson Avenue and the freeway; that the access to the building would be the same as to the existing hotel - by way of one driveway; that the applicant had addressed the Commission's concerns; that the building was architecturally improved; and that, as per the Public Works Department, no occupancy permits would be approved until the completion of the median improvements. Mr. Chiniaeff also advised that a three-story building would not be economically feasible and that roof articulations were requested by the Commission and provided by the applicant. Mayor Pro Tern Naggar relayed his opposition to hourly room rentals and questioned whether this area could sustain another motel. In response to Mayor Pro Tern Naggar, City Attorney Thorson commented on methods available to address his concern with regard to hourly rates and the maintenance of the motel. Mayor Stone cautioned against microeconomics as long as the applicant is in compliance with the City's General Plan. For Mayor Stone, Planning Chairman Chiniaeff advised that the Commission requested that each air conditioning/heating unit be screened. Principal Planner Hazen, for Councilman Roberts, advised that the proposed parking spaces do not provide parking for trailers, motor homes, trucks, etc. At this time, Mayor Stone opened the public hearing. By way of a map, Mr. Larry Markham, 41635 Enterprise Circle, representing the applicant, reviewed the three access point to the site and the reciprocal ingress/egress easements available to all parcels; that the parcel of discussion is owned in fee title with the reciprocal easements; that all parking spaces are the private property of the parcel; that there are CC&Rs for architectural control purposes and maintenance of the reciprocal pavement sections; that there will be no shared parking; that each parcel will have its own parking; and that the existing parking agreement will be extinguished once this project proceeds. Mr. Markham referenced the varying FAR of other local hotels/motels and the methods used to determine the appropriate R:\Minutes\012803 7 FAR for those sites; advised that a decorative grill will placed in front of each air conditioning unit; offered a condition to not take occupancy until the median improvements have been completed; if necessary, stated that the applicant would be willing to take the lead of such completion in order to take occupancy; noted that a sloped roof would add to the current building height of 50'; that the proposed use would be a hotel; that the parcel of discussion has been subdivided for approximately 15 years; clarified the proposed landscaping of and location of the dumpster area; and that there would be no objection to the imposition of a condition requiring reasonable maintenance standards. Relaying no objection to the competition the proposed use rnay present, Mr. Ken Westmeyer, representing Comfort Inn, 27338 Jefferson Avenue, voiced cencern with the size of the building, suggesting that the FAR be reduced; recommended that 8 to 8 rooms be eliminated on each side of the building; and stated that the hotel should not be financially responsible for the median improvements, noting those improvements should be the City's responsibility. There being no additional public input, the public hearing was closed. Considering the size of the subject lot, Mayor Pro Tern Naggar noted that a reduction in rooms would not affect lot coverage; suggested the installation of central air conditioning versus individual units per room; requested to prohibit hourly rental rates; and suggested parking controls to ensure parking for the subject site would be solely utilized by the subject site. Concurring with Mayor Pro Tern Naggar's comments, Councilman Comerchero stated that the site may not be most suitable for a hotel, the zoning district permits the construction of one and that the owner has a right to develop it. Mr. Comerchero requested the imposition of a condition ensuring a high quality of maintenance. Commenting on the current traffic impacts, Councilman Pratt stated that the proposed structure would not be appropriate for this particular site. Appreciating the City Council's review of this appeal, Councilman Roberts noted the following: · That the subject site (1.35 acres) is too small for the proposed project, expressing concern with the proposed FAR of .71; · That the proposed exceptional items are not sufficient to warrant an increase in the FAR. In closing, Mr. Roberts expressed concern with the location of the subject site and it being land locked; commented on the existing traffic concern; and relayed his opposition to the project. Noting that the City has standards for a reason and that they must be upheld until they are amended, Mayor Stone stated that, in his opinion, the proposed architectural items are not exceptional enough to warrant the impacts the proposed project would create in the area; voiced concern with the ingress/egress to the subject site; commented on the current traffic situation in the area; recommended the installation of centralized air conditioning versus exterior units per room; stated that the building is too big for the lot; and encouraged the applicant and staff to work together in an effort to further address this malter. MOTION: Mayor Pro Tern Naggar requested that the matter be readdressed by the Planning Commission with special emphasis on the exceptional architectural features/FAR, air conditioning units, parking availability as it relates to motor homes, trucks, trailers, etc. The motion was seconded by Councilman Comerchero. (This motion was ultimately amended; see page 9.) R:\Minutes\012803 8 In response to Mayor Stone, Planning Chairman Chiniaeff noted that, as per the General Plan, the proposed use would be a permitted use and that the circulation concerns would be the same for this use or any other use permitted in this zoning district. Mr. Chiniaeff stated that in order for the Commission to readdress this matter, the City Council would have to provide further direction, specifically as it relates to the criteria used to approve increased density. For Mayor Pro Tern Naggar, Deputy City Manager Thornhill stated that the developer has a right to develop the property within accordance of City rules; noted that the subject site is properly zoned; commented on the Council's ability to provide direction as to a maximum FAR; and advised that hotels are the lowest traffic generators. Although the zoning district would permit a motel, Mayor Stone stated his preference for a hotel and recommended that a subcommittee, comprised of a City Councilmember, Planning Commissioner, and applicant, be formed to address the matter and relayed his opposition to the previously made motion. Being of the opinion that the City Council should clarify its direction to the Commission as it relates to FAR, Councilman Comerchero relayed his desire to decrease the FAR to .50. MOTION: Mayor Pro Tern Naggar moved that the matter be readdressed by the Planning Commission with special emphasis on the exceptional architectural amenities/FAR, limiting the FAR to .50; air conditioning units, considering the installation of central air; parking availability as it relates to motor homes, trucks, trailers, etc., and the imposition of a condition ensuring a high quality of maintenance. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Mayor Stone who vote no. 16 Appeal of the Planning Commission's decision to deny PA02-0223- a request for a findinq of Public convenience or Necessity and a Minor Conditional Use Permit to upgrade the existing Type-20 (Off Sale Beer and wine) ABC license to a Type-21 (Off Sale General) license authorizing the sale of beer, wine, and distilled spirits for consumption off the premises where sold RECOMMENDATION: 16.1 Adopt a Notice of Exemption for Planning Application No. 02-0223 (Public convenience or Necessity and Minor Conditional Use Permit) per the California Environmental Quality Act, Section 15270 (Projects where are disapproved); 16.2 Adopt a resolution entitled: R:~Minutes\012803 9 RESOLUTION NO. 03-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY PLANNING APPLICATION NO. 02-0223, A REQUEST FOR A FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO UPGRADE THE CURRENT ALCOHOL BEVERAGE CONTROL (ABC) LICENSE FROM A TYPE 20 (OFF SALE BEER AND WINE LICENSE) TO A TYPE 2'1 (OFF-SALE GENERAL LICENSE) LOCATED IN THE MORAGA PLAZA AT 29762 RANCHO CALIFORNIA ROAD ON THE NORTH SIDE OF RANCHO CALIFORNIA ROAD, BETWEEN LYNDIE LANE AND MORAGA ROAD KNOWN AS ASSESSOR'S PARCEL NO. APN 92'1-3'10-022. 16.3 Adopt a resolution entitled: RESOLUTION NO. 03-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY PA02-0223, A MINOR CONDITIONAL USE PERMIT TO UPGRADE THE CURRENT ALCOHOL BEVERAGE CONTROL (ABC) LICENSE FROM A TYPE 20 (OFF SALE BEER AND WINE LICENSE) TO A TYPE 2'1 (OFF-SALE GENERAL LICENSE) LOCATED IN THE MORAGA PLAZA AT 29762 RANCHO CALIFORNIA ROAD ON THE NORTH SIDE OF RANCHO CALIFORNIA ROAD, BETWEEN LYNDIE LANE AND MORAGA ROAD KNOWN AS ASSESSOR°S PARCEL NO. APN 92'1-310-022. Deputy City Manager Thornhill presented the staff report (of record), explaining that this is an appeal by the applicant as a result of the Planning Commission's denial of his request. Mayor Stone opened the pubic hearing at 9:43 P.M. Dr. Sami Jihad, 1673 Avenida Cherylita, El Cajon, spoke in favor of the appeal presenting the following documents for the City Council's review: · Petition signed by surrounding residents, supporting the upgrade of the ABC License · Census Tract information · Form per Section 2398.4 for Off Sale, On Sale Beer and Public Premises Licenses (signed by Police Department) · Letter from Temecula Valley Unified School District thanking the Stop Quick Mini Mart for support of the Temecula Elementary School PTA · Proof of Service by Mail to all surrounding residents regarding application for upgrade of ABC License Dr. Jihad request that small businesses be given the same consideration as large supermarkets with regard to alcohol sales; stressed the convenience issue by stating that surrounding residents may walk across the street to purchase alcohol instead of driving to the supermarket; and asked that the City Council grant the appeal. R:\Minutes\012803 '10 Mayor Stone closed the public hearing at 9:53 P.M. Mayor Pro Tern Naggar spoke against the appeal, stating that, in his opinion, this does not represent a finding of convenience and necessity. Councilman Pratt disagreed, stating that, in his opinion, this does make a finding for convenience and necessity, since surrounding residents can walk to this store, instead of driving to the supermarket. Mr. Pratt voiced his support of small businesses and argued in favor of the appeal. Councilman Roberts spoke against the appeal, stating that with his background in law enforcement, he cannot support any further upgraded alcohol licenses. For the following reasons, Mayor Stone spoke in defense of Mr. Jihad's appeal: · That this application was approved by the Temecula Police Department; · That Dr. Jihad's store has never been cited under the ERACIT Program, whereby minor's are found purchasing alcohol; · That this store is convenient to surrounding residents, which will keep them out of their cars while consuming alcohol; · That small businesses should have the same consideration of large supermarkets, where these alcohol licenses are not questioned. MOTION: Councilman Pratt moved to approve the appeal. The motion was seconded by Mayor Stone and voice vote reflected denial of the motion with Mayor Pro Tern Naggar, Councilmembers Comerchero and Roberts voting in opposition of the motion and Mayor Stone and Councilman Pratt voting in support of the motion. {This motion ultimately failed.) MOTION: Councilman Naggar moved to approve staff recommendations 16.1, 16.2, and 16.3. The motion was seconded by Councilman Comerchero and roll call vote reflected approval with the exception of Mayor Stone and Councilman Pratt who opposed. 17 Issuance of Bonds by the California Statewide Communities Development Authority for the Corporation for Better Housing Senior Housing Project RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 03-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THE CALIFORNIA STATEWlDE COMMUNITIES DEVELOPMENT AUTHORITY R:'Wlinutes\012803 11 17.2 Adopt a resolution entitled: RESOLUTION NO. 03-'12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY Redevelopment Director John Meyer presented the staff report (of record). Mayor Stone opened the public hearing at 9:55 P.M. Hearing no requests to speak, Mayor Stone closed the public hearing at 9:55 P.M. MOTION: Mayor Pro Tern Naggar moved to approve staff recommendations 17.1 and 17.2. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. COUNCIL BUSINESS 18 Consideration of adoption of Resolution of Necessity for the Acquisition in Eminent Domain of property for street improvements and for temporary construction easements in connection with the Diaz Road Realiqnment Proiect - Project No. PW95-27 (APN 921- 040-028) - Morter Property (Continued from the January 14, 2003, City Council meeting.) RECOMMENDATION: 18.1 Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this Report, take testimony from any person wishing to be heard on issues A, B, C and D below, and consider all the evidence to determine whether to adopt the proposed Resolution, which requires a unanimous or 4/5ths vote; 18.2 If the City Council finds, based upon the evidence contained in and referred to in this Report, the testimony and comments received in this hearing, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 03- (which requires a 4/5ths vote of the entire Council) and authorize that an eminent domain proceeding be filed to acquire Certain Property Interests ("Subject Property Interest") in the real property consisting of a fee simple as well as a temporary construction easement interest in a portion of the real property commonly known as Assessor's Parcel No. 921-040-028 and more fully described in the attached Exhibits. Specifically, the legal description of the acquisition of the fee simple interest sought to be acquired on portions of the real property identified as Assessor's Parcel Number 921-040-028 is attached as Exhibit "A" and depicted on the map attached as Exhibit "B". The legal description of the acquisition of the temporary construction easement interest is attached as Exhibit '%-1" and depicted, on map attached as Exhibits "B-I" and "C"; 18.3 Adopt a resolution entitled: R:\Minutes\012803 12 RESOLUTION NO. 03- A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE PROPOSED DIAZ ROAD REALIGNMENT PROJECT '18.4 As a resolution, if approved, approve a warrant payable to the Clerk of the Court, Riverside County in the amount of $129,190.00 for deposit in court to obtain an order of possession of the Jerry R. Morter and Linda C. Morter property interests; 18.5 Authorize the City Manager to execute all necessary documents. MOTION: Mayor Pro Tern Naggar moved to continue Item No. 18 to the meeting of February 25, 2003. The motion was seconded by Councilman Pratt and voice vote reflected unanimous approval. 19 Consideration of adoption of Resolution of Necessity for the Acquisition in Eminent Domain of property for street improvements and for temporary construction easements in connection with the Diaz Road Realignment Project - Project No. PW95-27 (APN 921- 020-039) - Massie Property (Continued from the January t4, 2003, City Council Meeting) RECOMMENDATION: 19.1 Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from staff the evidence stated and referred to in this Report, take testimony from any person wishing to be heard on issues A, B, C and D below, and consider all the evidence to determine whether to adopt the proposed Resolution, which requires a unanimous or 4/5ths vote; 19.2 If the City Council finds, based upon the evidence contained in and referred to in this Report, the testimony and comments received in this hearing, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 03- (which requires a 4/5ths vote of the entire Council) and authorize that an eminent domain proceeding be filed to acquire Certain Property Interests ("Subject Property Interest") in the real property consisting of a fee simple as well as a temporary construction easement interest in a portion of the real property commonly known as Assessor's Parcel No. 921-020-039 and more fully described in the attached Exhibits. Specifically, the legal description of the acquisition of the fee simple interest sought to be acquired on portions of the real property identified as Assessor's Parcel Number 921-020-039 is attached as Exhibit "A" and depicted on the map attached as Exhibit "B". The legal description of the acquisition of the temporary construction easement interest is attached as Exhibit "A-l" and depicted on maps attached as Exhibits "B-I", "C-1" and "C-2"; 19.3 Adopt a resolution entitled: R:\Minutes\012803 13 RESOLUTION NO. 03- A RESOLUTION OF NECESSITY OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE PROPOSED DIAZ ROAD REALIGNMENT PROJECT 19.4 As a resolution, if approved, approve a warrant payable to the Clerk of the Court, Riverside County in the amount of $5,397.00 for deposit in court to obtain an order of possession of the Wilma M. Massie property interests; 19.5 Authorize the City Manager to execute all necessary documents. MOTION: Councilman Comerchero moved to continue Item No. 18 to the meeting of February 25, 2003. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. MOTION: Councilman Roberts moved to extend the City Council Meeting until 10:30 P.M. The motion was seconded by Mayor Pro Tern Naggar and voice vote reflected unanimous approval. 20 Resolution Establishinq a Municipal Utility (At the request of Mayor Pro Tem Naggar and Councilman Comerchero) RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 03-t2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING THE CREATION AND OPERATION OF A MUNICIPALLY OWNED UTILITY FOR THE PURPOSE OF PROVIDING VARIOUS UTILITY SERVICES AND AUTHORIZING THE TAKING OF CERTAIN OTHER ACTION IN CONNECTION THEREWITH Reviewing the staff report (of record), Assistant City Manager Jim O'Grady presented the staff report, outlining the recommendations of the Municipal Utility Sub-Committee. Bob de Korne, 5290 Victoria Avenue, Riverside, representing Enco Utility Services, spoke in favor of establishing a municipal utility. Mayor Stone asked Mr. De Korne the following questions: 1) How many cities have you represented in establishing a municipal utility; 2) How does your company earn money; and 3) What insurance is provided that the City will be guaranteed lower rates than currently provided? Answering Mayor Stone's questions, Mr. DeKorne responded his company has two contracts for quasi-municipal districts and are actively negotiating with a number of cities. He explained that their company participates in a revenue sharing process, with the respect to the distribution element of the rate, and that is how revenues are made. When responding to the question of R:~linutes\012803 14 guaranteed lower rates, Mr. Korne answered that today's open market wholesale rate for energy is approximately one-half of Edison's current rates. In clarifying differences between cities and their structure, Mayor Stone asked if the City of Riverside has a utility tax. Mr. De Korne answered that the City of Riverside does have a utility tax. Councilman Pratt voiced his concern over untried services, and putting vital services at risk. Mayor Pro Tern Naggar made the following points: · He is only advocating servicing new infrastructure in the City. · There are two different sources of revenue: the distribution fee, and the differentiation of buying power on the open market. · Adoption of this resolution obligates the City in no way to form a Municipal Utility, but rather secures the option to do so at a future date. Robert Lopez, 26100 Menifee, Romoland, representing Southern California Edison, requested that as the City explores the feasibility of establishing a municipal utility, that Southern California Edison be allowed to participate in the process to ensure that the process is fair, open, and protects the public interest. Mayor Pro Tem Naggar asked if Edison would still be willing to be involved in the process, even if it means a loss of revenue for Edison. Mr. Lopez responded that he would like to be involved in the review process, because he believes he can show that it not in the City's best interest to establish its own Municipal Utility. Mayor Stone asked Mr. Lopez if the possibility exists that costs could exceed those charged by Edison if the City were to purchase power on the open market. Mr. Lopez responded that the possibility does exists that costs would be higher and also that the City would not be able to procure enough power. Mayor Stone asked what the current franchise fee is from Southern California Edison to the City of Temecula. City Manager Nelson answered it 1% of the gross. Mayor Pro Tern Naggar asked if the creation of a Municipal Utility for new services would jeopardize the 1% franchise fee. Mr. Lopez responded that it would only effect future franchise fees, not current. Mayor Stone expressed his concern regarding reliability of electrical service, and the ability to restore power after high winds, or storm conditions. He stated Edison has the equipment, and an organization with sufficient resources to handle these types of emergencies. Roger Ziemer, 527 N. San Jacinto Street, Hemet, representing Southern California Gas Company, asked the City Council what their intent is in including natural gas in the municipal utility. He expressed he would not be in favor of this action. Clarifying his intent, Councilman Comerchero stated his only purpose as a subcommittee member, is to create the shell for forming a Municipal Utility, thus insuring this opportunity is not lost, due to future legislation. Councilman Roberts voiced his support for forming the shell of the Municipal Utility, but did not support further Council discussions or a workshop at this point. R:\Minutes\012803 15 Councilman Naggar stated the City may be forced to look at this issue on a more serious note, and advocated having a workshop at some future point. Mayor Stone asked City Attorney Thorson if the City takes the action to form the shell of a Municipal Utility, would it be protected from the State Legislature taking action to prevent such an action. City Attorney Thorson answered he could not guarantee the City would be grand- fathered into such an agreement, but stated that the more action that is taken, the better position the City would be in to ensure future rights. Mayor Stone suggested allowing the Sub-committee to monitor the progress of Moreno Valley and the City of Industry, and provide quarterly reports to the City Council addressing the following points: Have they been able to meet the energy needs of their citizens? 2) Have they been able to lower rates? 3) Have they increased the revenue to their City? Mayor Stone emphasized his current support for Southern California Edison for the following reasons: 1) Public safety concerns and Edison's ability to restore power after high winds or other weather related problems, 2) The guarantee that electricity needs will be met. Mayor Pro Tern Naggar emphasized the importance of forming this shell and stated in the future he believes it will be vital for the City's economic development. MOTION: Councilman Roberts moved to approve staff recommendation 20.1. The motion was seconded by Mayor Pro Tern Naggar and voice vote reflected unanimous approval. I~IOTION: Councilman Naggar moved to extend the meeting until 11:00 P.M. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. 21 Discussion of Si.qna,qe in Old Town (at the request of Councilman Pratt) RECOMMENDATION: 21.1 Receive and file. Via overheads, Councilman Pratt presented the staff report, outlining his suggestions for assisting businesses located on the side streets of Old Town, where visibility is an issue. MOTION: Councilman Pratt moved to direct staff to prepare signs in accordance with specifications presented, at a cost of $50 per business, placed at each corner where side street businesses are located. Councilman Comerchero seconded the motion for discussion purposes. Although not opposed to the design proposed for additional signage, Councilman Comerchero expressed concerns over legal issues regarding signage and the possibility of leaving the City vulnerable in regards to billboards and other off-site signs. Councilman Roberts voiced his support for the program and exploring how this could be implemented. Mayor Stone expressed concern that if exceptions were made for businesses in Old Town, that businesses Citywide would request the same consideration. R:\Minutes\012803 16 Councilman Naggar asked if there is special zoning in Old Town that would apply to signage issues. Responding to Councilman Naggar's question, Deputy City Manager Thornhill stated that the Old Town Specific Plan. He explained that regulations could be tailored to Old Town that do not apply Citywide. He suggested that issue be investigated to list merits, as well as long-term consequences. MOTION: Councilman Pratt moved to extend the meeting until 11:30 P.M. Councilman Roberts seconded the motion and voice vote reflected unanimous approval. MOTION: Councilman Pratt amended his motion to direct staff to provide a list of pros and cons regarding special signage for Old Town and bring back at a subsequent meeting for Council consideration. Councilman Comerchero amended his second and voice vote reflected unanimous approval. 22 Impact of the Governor's Proposed State Budqet Reductions on the City of Temecula RECOMMENDATION: 22.1 Receive and file. City Manager Nelson provided an overview of the staff report. (of record) He reported the greatest impacts to the City would potentially be in the following areas: Vehicle License Fee Backfill; Booking Fee Reimbursements; Mandated Cost Deferral, Redevelopment Tax Shift; RDA Low/Mod Housing Fund; and the Traffic Congestion Relief Fund. He reported that financially the City of Temecula is sound, with ten million in reserves, and two million in undesignated fund balance. He emphasized the City of Temecula will continue to monitor the State budget process, but feels confident that the same level of services will be able to be provided to the citizens of Temecula, without impacting reserve funds. Mayor Stone assured the public that the Council is not in support of raising taxes, and with the ten million dollars in reserve, the City is prepared to "weather the storm." DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT No additional input. CITY ATTORNEY'S REPORT With regard to Closed Session, City Attorney Thorson noted that there were no reportable actions to report under the provision of the Brown Act. R:\Minutes\012803 17 ADJOURNMENT At 11:32 P.M., the City Council meeting was formally adjourned to Tuesday, February 11, 2003, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:\Minutes\012803 18 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL FEBRUARY '1'1, 2003 The Open Session convened at 7:01 P.M., on Tuesday, February 11, 2003, in the City Council Chambers of Temecula City Hail, 43200 Business Park Drive, Temecula, California. Present: Councilmembers: Comerchero, Naggar, Pratt, Stone Absent: Councilmember: Roberts Mayor Stone advised that Councilman Roberts is back east on City business and, therefore, will not be in attendance of this meeting. PRELUDE MUSIC The prelude music was provided by Andrea Grangruth. INVOCATION The invocation was given by City Manager Nelson. ALLEGIANCE The flag ceremony was presented by Boy Scout Troop No. 148. Presenting a card of appreciation to the City Council, Troop No. 148 relayed its appreciation of the Council's support. PRESENTATIONS/PROCLAMATIONS Certificate of Achievement to Bradley Foster for attainin,q his EaRle Scout rank Bradley Foster was in attendance of the meeting and accepted, with appreciation, his Certificate of Achievement. Community Action Patrol Video Presentation After the video presentation, Mayor Stone commended Mayor Pro Tern Naggar for bringing this program to the City and noted that additional volunteers are needed. PUBLIC COMMENTS A. Expressing his dismay with the ruling of prohibiting sectarian prayer, Mr. Wayne Hall, 42131 Agena Street, relayed his support of invocations being given at the beginning of City Council meetings. In response to Mr. Hall's comments, Mayor Stone advised that the City Council has enjoyed the opportunity to provide invocations from different clergy and that it would be the Council's goal that a resolution to this matter be in the near future. B. Also addressing the invocation matter, Mr. David Cooper, 32900 Riverside Drive, Lake Elsinore, noted that the City Council of Lake Elsinore is experiencing similar concerns and, R:\Minutes\021103 1 therefore, has initiated a moment of silent prayer. Mr. Cooper also suggested that the City request volunteers to provide an invocation, making, in his opinion, the City not responsible. C. Mr. Otto Baron, 28681 Pujol Street, relayed the challenges of Old Town businesses located on side streets versus on Old Town Front Street. D. Mr. Ed Dool, 28464 Old Town Front Street, clarified a recent article printed in the newspaper with regard to Old Town merchants, relaying his objections to certain comments; disagreed with the previous speaker's comment; and commended the City on its efforts in Old Town. With regard to the newspaper article, Mayor Pro Tern Naggar as well noted that the article was written in an adversarial manner and, therefore, viewing it as not an accurate portrayal. He relayed his continued support of the City working with the Old Town merchants in an effort to make Old Town a success. CITY COUNCIL REPORTS A. With regard to Closed Session, Councilman Pratt stated that he was encouraged with regard to the efforts in Old Town. B. Relaying his delight with the Community Action Patrol (CAP) Program, Mayor Pro Tem Naggar commented on the City Council's efforts associated with the Temecula Citizen Corps Program; advised of upcoming training dates; and encouraged public participation. Having had the privilege to attend a ceremony hosted by the Save Southwest Riverside County (SSWRC), Mayor Pro Tem Naggar advised that he had accepted, on behalf of the City, a plaque presented to the City for its effort and support in defeating the Valley Rainbow Interconnect Project. Having met with Assemblyman Haynes to discuss the invocation matter, Mayor Pro Tem Naggar advised that Assemblyman Haynes has agreed to sponsor a State amendment to the State Constitution to eliminate the recent ruling, noting that the City Council will continue to address this matter and explore all options. C. Supporting Assemblyman Haynes' efforts in sponsoring a State amendment, Councilman Comerchero stated that the City Councilmembers took an oath to uphold the Constitution of the State of California and the United States and that currently the Constitution states that no praying shall be permitted at City Council meetings. Mr. Comerchero noted that a Constitutional amendment would be the appropriate way to handle this matter. Reporting on the progress of the express buses from Temecula (north and south), Councilman Comerchero advised that the buses have been approved by RTA and that the RTA Board would voting on the associated fair structure later this month. D. Councilman Pratt relayed his support of the express buses. E. Mayor Stone requested that the City Council, at its next meeting, adopt a resolution of support as it relates to Assemblyman Haynes' effort to proceed with a Constitutional amendment and that all Riverside cities be requested to adopt a similar resolution. Having met with representatives of the Redhawk community, Mayor Stone relayed that community's desire to be annexed to the City, advising a petition, which represents more than R:\Minutes\021103 2 two thirds of the homeowners, has been presented. Mr. Stone requested that potential consideration of annexation be agendized for the April 8, 2003, City Council meeting. City Manager Nelson advised that the City Council also be updated with respect to the sales tax reimbursement agreement for the historic buildings. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution Approvin,q List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 03-'13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 City Treasurer's Report RECOMMENDATION: 3.1 Receive and file the City Treasurer's Report as of December 31, 2002. 4 Award of Contract for Critical Data Center Environmental Control Update RECOMMENDATION: 4.1 Award a contract to Rizzo Construction, Inc. to expand the City Hall Data Center into the Public Works Conference Room in an amount of $24,923.00 with a 10% contingency not to exceed $2,492.00; 4.2 Award a contract to Diversified Protection Systems, Inc. (DPSI) for procurement and installation of two Liebert Air Conditioning (NC) systems and condensers in an amount of $63,754.00 with a 10% contingency not exceed $6,375.00 and for the expansion of the Inergen Fire Suppression system in an amount of $11,985.00 with a contingency not to exceed $1,199.00; 4.3 Approve an operating transfer of $110,800.00 from General Fund undesignated reserves to the Capital projects fund and appropriate the funds to the City Hall modification project. R:\Minutes\021103 3 5 Records Destruction Approval RECOMMENDATION: 5.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. 6 Proposal to continue Staffing Services RECOMMENDATION: 6.1 Approve the contract for staffing services through Employment Systems, Inc. (ESI). 7 Amendment No. 1 to the License Agreement with S.A.F.E. RECOMMENDATION: 7.1 Approve Amendment No. 1 to the License Agreement between the City of Temecula and S.A.F.E. for use of office space at the Temecula Community Center in the amount of $1.00. 8 Amendment to the Contract to Update the City General Plan RECOMMENDATION: 8.1 Approve Amendment No. 2 in the amount of $15,000 and authorize the City Manager to sign the amendment to the contract with Cotton Bridges Associates; 8.2 Approve an appropriation in the amount of $15,000 from the General Fund undesignated reserve. 9 Parcel Map No. 30177 (located southwest of State Route 79 South and Mahlon Vail Road) RECOMMENDATION: 9.1 Approve Parcel Map No. 30177 in conformance with the conditions of approval. 10 Parcel Map No. 30107 (located east of Ynez Road, south of Overland Drive, west of Mar,qarita Road, and north of Solana Way) RECOMMENDATION: 10.1 Approve Parcel Map No. 30107 in conformance with the conditions of approval. 11 Acceptance of an Irrevocable Offer of Dedication of Grant of Storm Drain Easement within Lots 133 and 134 of Tract Map No. 23143-9 in the Crowne Hill Subdivision RECOMMENDATION: 11.1 Adopt a resolution entitled: R:\Minutes\021103 4 RESOLUTION NO. 03-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF GRANT OF STORM DRAIN EASEMENT WITHIN LOTS '133 AND '134 OF TRACT MAP NO. 23'143-9 12 Crowne Hill Storm Drain Infrastructure -Tract No. 23143 -Cooperative Aqreement RECOMMENDATION: 12.1 Approve the Crown Hill Tract No. 23143 - Royal Crest Place Storm Drain Infrastructure Cooperative Agreement with the Riverside County Flood Control and Water Conservation District, the City of Temecula, and Temecula Valley, LLC, a Delaware Corporation; 12.2 Authorize the execution of such agreement in its final form by the Mayor, City Attorney, and City Clerk. 13 Amendment No. 1 to Annual Citywide Routine Maintenance Contract RECOMMENDATION: 13.1 Approve Amendment No. 1 to the Annual Citywide Routine Maintenance Contract with Walter K. Becker (dba Becker Engineering) for an amount of $100,000.00 and authorize the Mayor to execute the amendment. 14 Amendment No. 1 to Annual Citywide Routine Maintenance Contract RECOMMENDATION: 14.1 Approve Amendment No. I to the Annual Citywide Routine Maintenance Contract with Imperial Paving Company, Inc. for an amount of $100,000.00 and authorize the Mayor to execute the amendment. 15 Quitclaim of Drainaqe Easement located on Calle Fuente RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 03-t5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE QUITCLAIM OF A PUBLIC DRAINAGE EASEMENT TO THE UNDERLYING FEE OWNERS OF RESIDENTIAL LOT 2, LOCATED WITHIN TRACT MAP NO. 21821 (30980 CALLE FUENTE) 15.2 Authorize the City Clerk to record the quitclaim deed. R:\Minutes\021103 5 16 Cabrillo Avenue/John Warner Storm Drain Contribution RECOMMENDATION: 16.1 Approve a City contribution of $65,000.00 contingent upon the formation of an Assessment District toward the construction of necessary storm drain improvements at the intersection of Cabrillo Avenue and John Warner Road. (Mayor Stone abstained with regard to this item.) 17 Allocation of additional funds for Mercantile Seismic Retrofit - Project No. PW01-20 RECOMMENDATION: 17.1 Approve the transfer and appropriation of $158,600.00 from the RDA Old Town District Parking Lot to the Mercantile Seismic Retrofit Project; 17.2 Authorize the City Manager to approve the contract change orders with 2H Construction for an amount of $80,400.00 above the previously approved 15% contingency for the Mercantile Seismic Retrofit - Project No. PW01-20. (Mayor Stone abstained with regard to this item,) MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1 - 17. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Mayor Stone who abstained with regard to Item Nos. 16 and 17 and Councilman Roberts who was absent. At 7:45 P M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency, the City Council meeting resumed with regular business at 8:32 P.M. CITY MANAGER'S REPORT No additional comments. CITY ATTORNEY'S REPORT Advising that there were no reportable actions under the Brown Act, City Attorney Thorson noted that the City Council gave direction with respect to the litigation items and the real property matter and clarified that any final action would be taken in public session. R:\Minutes\021103 6 ADJOURNMENT At 8:33 P.M., the City Council meeting was formally adjourned to Tuesday, February 25, 2003, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:\Minutes\021103 7 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL FEBRUARY 25, 2003 The Open Session convened at 7:05 P.M., on Tuesday, February 25, 2003, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Councilmembers: Comerchero, Naggar, Pratt, Roberts, Stone Absent: Councilmember: None PRELUDE MUSIC The prelude music was provided by Erika Weitzel. INVOCATION The invocation was given by City Manager Nelson. ALLEGIANCE The flag ceremony was presented by Mayor Pro Tem Naggar. PRESENTATIONS/PROCLAMATIONS Presentation to Vince Di Donato Mayor Pro Tem Naggar presented a plaque to Mr. Di Donato, relaying the City's appreciation for his efforts and for graciously rendering his services to design the display area of the Sister City's monument Singing in the Rain displayed at the Duck Pond. Presentation of the Professional Achievement Award to Human Resources Director Yates by California Leaque of Cities Ms. Diana Axley, League Committee Chair, presented the Award of Excellence to Human Resources Director Yates and informed the City that Mr. Yates was one of 11 recipients to have received this award in the State of California. With appreciation to the City Council for its support and leadership, Mr. Yates accepted the award. Mayor Pro Tem Naggar commended Mr. Yates on a job well done. City Manager Nelson echoed Mayor Pro Tern Naggar's comment and welcomed Mr. Yates' wife, children, and parents to the meeting. PUBLIC COMMENTS No public comments. R:\Minutes\022503 1 CITY COUNCIL REPORTS A. Advising that he had not attended the February 11, 2003, City Council meeting because of his lobbying trip to Washington, D.C., Councilman Roberts commented on lobbying efforts to obtain Federal funding for transportation projects, noting that the Transportation Agencies in Southern California joined lobbying efforts in an effort to obtain additional funding. Mr. Roberts advised that the Community Environmental Transportation Acceptability Program (CETAP) has adopted the north/south corridor and that it will remain a four-lane arterial. Advising that the 91 Freeway Express Lane Advisory Committee had met, Councilman Roberts noted that the proposal of 3+ High Occupancy Vehicle (HOV) lane riding for free, did not pass and that he would anticipate that the matter will be readdressed. In closing, Mr. Roberts thanked Mr. Jim Dent, President of the Temeku Hills Association, Board Members, and Homeowners for the gracious reception he had received. B. Councilman Pratt requested that he be relieved of his responsibilities associated with the Riverside County Habitat Conservation Agency and the French Valley Airport Committee and that a reappointment be agendized for the next City Council meeting. C. Having attended a meeting with regard to the 1-15 Interregional Partnership, Councilman Comerchero relayed his delight with the level of cooperation on both sides of the County line and advised that initial efforts will include the coordination of regional problems and to determine regional solutions between Riverside County and San Diego County. D. By way of an overhead, Mayor Pro Tern Naggar reminded the public of upcoming Citizen Corps/Neighborhood Watch Program training dates. In response to concerns he had received from two Meadowview residents, Mr. Naggar advised that the City has no intent of taking the common open space area in Meadowview for park purposes or for road construction purposes. E. In light of County CETAP and General Plan changes, Mayor Stone requested that the RCIP meeting schedule be posted on the City's Web and expressed concern with proposed upzones and associated traffic impacts Considering the number of approved developments in the French Valley, Mr. Stone noted that these developments would be dependent on the widening of State Highway 79 North. In light of the State budget crisis, Mr. Stone commented on the City's need to assist with this matter to ensure public safety. In an effort to address this issue, Mr. Stone recommended a five-way partnership with the City and the City of Murrieta, County of Riverside, Caltrans, the City of Hemet, suggesting that the City contribute the first $100,000 and requesting matching grants. R:~vlinutes\022503 2 CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of January 14, 2003. 3 Resolution Approvin,q List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 03-t9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Rescheduling of March 11, 2003, City Council Meeting RECOMMENDATION: 4.1 Direct the City Clerk to reschedule the regular City Council meeting of March 11, 2003, to March 18, 2003, and to perform the appropriate postings and noticing requirements of the Government Code. 5 Approval of 2002-03 Mid-year Budget Adiustments RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 03-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE FISCAL YEAR 2002-03 ANNUAL OPERATING BUDGET R:\Minutes\022503 3 5.2 Adopt a resolution entitled: RESOLUTION NO. 03-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 6 Property Insurance Renewal RECOMMENDATION: 6.1 Approve the City of Temecula Property Insurance Policy renewal with Chubb Insurance Company, Royal Surplus Lines Insurance Company, and Lloyd's of London for the period of February 26, 2003, through February 26, 2004, in the amount of $84,763. 7 Acceptance of Median Landscape Bonds and A,qreement alonq Solana Way - Parcel Map No. 30107 (Guidant Development) RECOMMENDATION: 7.1 Accept the agreement and surety bonds for Eli Lilly and Company to provide landscaped medians along Solana Way west of Margarita Road in Parcel Map No. 30107. 8 Citizen Corps ProRram Purchase of two-way radios RECOMMENDATION: 8.1 Authorize the purchase of 30 multi-channel 800 megahertz, two-way hand held radios from Comtronix of Hemet for $36,000; 8.2 Appropriate $18,000 in the Police Department line item and increase estimated grant revenue by $18,000. 9 Contract Amendment for Schirmer Engineering RECOMMENDATION: 9.1 Approve a contract amendment with Schirmer Engineering for an annual amount of $25,000 and a total contract amount of $50,000. 10 Resolution of Support-Invocations in Public Meetin,qs (as per Mayor Stone) RECOMMENDATION: 10.1 Adopt a resolution entitled: R:\Minutes\022503 4 RESOLUTION NO. 03-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, SUPPORTING ASSEMBLY MEMBER RAY HAYNES IN HIS EFFORTS TO CHANGE THE STATE CONSTITUTION TO ALLOW PUBLIC AGENCIES TO HAVE A MEANINGFUL INVOCATION AS A FREE SPEECH RIGHT DURING PUBLIC MEETINGS 11 Street Name Chanqe Crowne Hill Specific Plan RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 03-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING SECTIONS OF FOX ROAD IN TRACT NO. 23143 TO VERMONT ROAD AND CAMELOT ROAD 12 Authorize Temporary Street Closure on Rancho Vista Road in front of Temecula Valley Hi.qh School for the Every 15 Minutes Pro.qram RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 03-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING THE STREET CLOSURE OF RANCHO VISTA ROAD IN FRONT OF TEMECULA VALLEY HIGH SCHOOL BETWEEN MARGARITA ROAD AND RIO VISTA FOR THE EVERY t5 MINUTES PROGRAM TO BE HELD ON MAY 22, 2003, FROM 6:00 A.M. TO 10:00 A.M. AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT 13 Award of Construction Contract for Project No. PW99-11SW - Pechanqa Parkway (formerly known as pala Road) Soundwall Improvements RECOMMENDATION: 13.1 Adopt a resolution entitled: R:~,,linutes\022503 5 RESOLUTION NO. 03-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING OFFICIAL INTENT REGARDING CERTAIN CAPITAL EXPENDITURES TO BE REIMBURSED FROM PROCEEDS OF TAX-EXEMPT OBLIGATIONS 13.2 Authorize the use of $914,000.00 from the General Fund, which will be reimbursed from Community Facilities District 01-3 Bond proceeds, to fully fund the construction and administration of the Pechanga Parkway Soundwall Improvements; 13.3 Award a construction contract for the Pechanga Parkway Soundwall improvements - Project No. PW99-11SW - to R.J. Bullard Construction, Inc. in the amount of $2,886,303.00 and authorize the Mayor to execute the contract; 13.4 Authorize the City Manager to approve contract change orders not to exceed the contingency amount of $288,630.30 which is equal to 10% of the contract amount. MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1 - 13. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. At 7:3:~ P M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency, the City Council meeting resumed with regular business at 7:34 P.M. COUNCIL BUSINESS 14 Development Review Process Status Report RECOMMENDATION: 14.1 Receive and file. Planning Director Ubnoske reviewed the staff report (as per agenda material). MOTION: Councilman Roberts moved to receive and file the report. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. Mayor Pro Tern Naggar advised that the City Council's intent with this review process was to ensure a business friendly community. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT Echoing Mayor Pro Tern Naggar's comments with regard to the review process, City Manager Nelson commended the City Council in providing direction with improving customer services and commended staff for the support, resulting in an improved process. R:\Minutes\022503 6 CITY ATTORNEY'S REPORT Advising that there were no reportable actions under the Brown Act, City Attorney Thorson noted that the City Council gave extensive direction with respect to the litigation items. ADJOURNMENT At 7:39 P.M., the City Council meeting was formally adjourned to Tuesday, March 18, 2003, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:\Minutes\022503 7 ITEM 3 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $3,677,383.55. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 18th day of March, 2003. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:/Resos2003/Resos 03- I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 03- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 18th day of March, 2003 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos2003/Resos 03- 2 CITY OF TEMECULA LIST OF DEMANDS 0~J20/03 TOTAL CHECK RUN: $ 227,315.68 02/27/03 TOTAL CH ECK RUN: 1,072,435.77 O3/06/03 TOTAL CHECK RUN: 2,082,010.99 o2/27/o3 TOTAL PAYROLL RUN: 295,621.11 TOTAL LIST OF DEMANDS FOR 03/18/03 COUNCIL MEETING: $ 3,677,383.55 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 1,910,043.07 165 RDA-LOW/MOD INCOME HOUSING 38,109.43 190 COMMUNITY SERVICES DISTRICT 112,586.92 192 TCSD SERVICE LEVEL B 28.62 193 TCSD SERVICE LEVEL C 19,207.21 194 TCSD SERVICE LEVEL D 350.12 195 TCSD SERVICE LEVEL R 3,46~0.00 210 CAPITAL IMPROVEMENT PROJ. FUND 165,463.64 261 CFD 88-12 ADMIN EXPENSE FUND 2,987.65 290 RDA-REDEVELOPMENT 12,252.41 300 INSURANCE 95,412.57 310 VEHICLES 6,336.91 320 iNFORMATION SYSTEMS 123,960.82 330 SUPPORT SERVICES 9,055.38 340 FACILITIES 21,461.14 460 CFi3 88-12 DEBT SERVICE FUND 414,312.10 471 CFD 98-1 ADMIN EXPENSE FUND 446,734.45 $ 3,381,762.44 001 GENERAL FUND $ 212,319.82 165 RDA-LOW/MOD INCOME HOUSING 5,472.88 190 COMMUNITY SERVICES DISTRICT 49,698.27 192 TCSD SERVICE LEVEL B 107.92 193 TCSD SERVICE LEVEL C 4,860.87 194 TCSD SERVICE LEVEL D 734.75 280 RDA-REDEVELOPMENT 2,186.54 300 iNSURANCE 1,159.02 320 iNFORMATION SYSTEMS 10,480.91 330 SUPPORT SERVICES 2,235.94 340 FACILITIES 6,364.19 295,621.11 TOTAL BY FUND: $ 3,677,383.55 PREPARED BY RETA WESTON, ACCOUNTING SPECIALIST , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT SHAWN NELSON, CITY MANAGER apChkLst Final Check List Page: 1 02/20/2003 1:04:18PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor Description Amount Paid CheckTotal 82427 02/20/2003 005126 A E G SOLUTIONS CIP AutoCAD drawing supplies 176.65 176.65 82428 02/20/2003 001985 A E P (ASSOC OF ENVIRO Membership:David Hogan 100.00 100.00 82429 02/20/2003 004983 A-1 BUDGET ROOFING INC Res impr prgm: Biddings, Wil &Wendi 250.00 250.00 82430 02/20/2003 001916 ALBERT A WEBB ASSOCIATES Cai & Levy Special Tax for CFD 1,500.00 Sales tax reimb svcs: CFD 88-12 1,000.00 2,500.00 82431 02/20/2003 004240 AMERICAN FORENSIC NURSES DUhDrug/Alcohol Screening svc:Poli 158.00 DUI:Drug/Alcohol Screening svc:Poli 93.00 251.00 82432 02/20/2003 000101 APPLE ONE, INC. Delarm temp help PPE 01/25/03 307.45 Kissam temp help PPE 02/01/03 156.00 463.45 82433 02/20/2003 002648 AUTO CLUB OF SOUTHERN CA Membership: J.Voshal113298563 44.00 44.00 82434 02/20/2003 003215 BARCLAYS LAW PUBLISHERS T19 public Safety code book:Fire 81.00 81.00 82435 02/20/2003 004828 BEVERLEY SIMMONS & ASSOC Consultant svcs:Public Library 7,350.00 7,350.00 82436 02/20/2003 004621 C-181NC RelRetention:Streetstriping 5,288.83 Rel Retention:Street striping 3,845.07 Rel Retention:Street striping 2,124.52 11,258.42 82437 02/20/2003 005863 CALDOR SPECIALTIES INC Repair front & rear door @ Sr Ctr 345.00 345.00 82438 02/20/2003 003214 CALMAT PW patch truck materials 2,093.39 2,093.39 82439 02/20/2003 000131 CARLWARREN&COMPANYI Claim adjuster services 1,878.21 Claim adjuster services 481.68 2,359.89 82440 02/20/2003 002534 CATERERS CAFE Refreshments:CityMgrMtg 48.17 48.17 82441 02/20/2003 002710 CHAMPLAIN PLANNING PRESS Planningcommissionjournals 95.00 95.00 82442 02/20/2003 004328 CNL APF PARTNERS FY 01/02 Cfd 88-12 reimbursement 5,769.58 5,769.58 82443 02/20/2003 000447 COMTRONIX OF HEMET Install mobile radio unit:Land Devel 1,496.09 Hand held radios charger: PW mntc 82.97 1,579.06 Page:l apChkLst Final Check List Page: 2 02/20/2003 1:04:18PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid CheckTotal 82444 02/20/2003 003739 CO'I-I'ON BRIDGES ASSOCIATE Dec/Jan Update General Plans 4,522.95 4,522.95 82445 02/20/2003 004222 DIAMONDBACK FIRE & RESCU AMKUS rescue sys svcs: Stn 73 372.81 372.81 82446 02/20/2003 001669 DUNN EDWARDS CORPORATI Supplies for graffiti removal 53.81 53.81 82447 02/20/2003 001380 E S I EMPLOYMENT SERVICES Bragg temp help PPE 01/24/03 3,741.60 Hansen temp help PPE 01/24/03 2,291.94 Seng/Wytrykus temp help PPE 01/10 1,902.42 Cammamta temp help PPE 02/07/03 1,312.38 Martinez temp help PPE 01/24/03 1,235.20 Jones temp help PPE 02/07/03 619.78 11,103.32 82448 02/20/2003 000161 EDEN SYSTEMS INC Infor[~m gold upgrade:Exp Reimb 943.45 Inforum gold upgrade:Data Conv 875.00 Inforum gold [~pgrade:Prjt Mgmt 718.75 2,537.20 82449 02/20/2003 005052 EMCOR SERVICE H.V.A.C. repair @ Sr Center 440.00 H.V.A.C. repair @ Sr Center 360.01 H.V.A.C. repair @ TCC 97.50 897.51 82450 02/20/2003 003171 EMPIRE ECONOMICS LLC MrktAbsorptionStudy:CrownHillCFD 1,500.00 1,500.00 82451 02/20/2003 000478 FAST SIGNS vehicle lettering:Bldg & Safety I 81.85 81.85 82452 02/20/2003 000165 FEDERAL EXPRESS INC Express maiiservices 316.68 Express mail services 121.88 438.56 82453 02/20/2003 000166 FIRSTAMERiCAN TITLE Lot Book Rept:Comstock 150.00 150.00 82454 02/20/2003 003347 FIRST BANKCARD CENTER xx-2576 Nelson:SW Air/CPRS Cf 646.00 xx-5288 Jones:Mtgs/Supplies/Earthlin 334.53 xx-0902 O'Grady:Prof Mtgs 105.29 xx-6702 Meyer:LA Times articles 5.00 1,090.82 82455 02/20/2003 005977 FISCHER, DONNA Refund: Aquatics-Lifeguard Trn 135.00 135.00 82456 02/20/2003 001989 FOX NETWORK SYSTEMS INC Misc Computer Supplies:Info Sys 218.96 218.96 82457 02/20/2003 000170 FRANKLIN QUEST COMPANY I Calendarrefills:CodeEnf. staff 64.15 64.15 82458 02/20/2003 004178 FREEDOM SIGNS Fac Imp Prgm: Penfold Building 2,494.00 Fac Imp Prog-House of Jerky 2,357.75 Deduction: BCSE-404757 -25.00 4,826.75 Page2 apChkLst Final Check List Page: 3 62/20/2003 1:04:18PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid CheckTotal 82459 02/20/2003 000177 GLENNIES OFFrCE PRODUCTS Office Supplies:TCSD 1,120.03 Office supplies:Police Dept 24.34 1,144.37 82460 02/20/2003 001609 GREATER ALARM COMPANY I Alarm Monitoring Svc:Storefront 66.00 66.00 82461 02/20/2003 004670 GUARANTY FEDERAL BANK FY 01/02 Cfd 88-12 reimbursement 3,149.87 3,149.87 82462 02/20/2003 005968 GYMBOREE PLAY & MUSIC TCSD instructor earnings 240.00 240.00 82463 02/20/2003 005311 H20 CERTIFIED POOL WATER CRC - Swimming Pool Mnt~ svcs 1,200.00 1,200.00 82464 02/20/2003 004053 HABITAT WEST INC Lg Cyn detention basin:Mntc agrmnt 761.66 761.66 82465 02/20/2003 004219 INDUSTRIAL DISTRIBUTION GR Mntc Svcs for PW mntc 150.13 150.13 82465 02/20/2003 001351 INLAND EMPIRE ECONOMIC PA Achievements Awards:3/6/03:Wolnick 40.00 40.00 82467 02/20/2003 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals 490.16 490.16 82468 02/20/2003 003571 INTLASSNOFPLUMBING Mechanicalsem:4/10-11/03:Smith 190.00 190.00 82469 02/20/2003 003571 INTLASSN OF PLUMBING Mechanical sem:4/10-11/O3:Lankenau 190.00 Mechanical sem:4/10-11/03:Jeosen 190.00 Mechanical sem:4/lO- 11/03:Osvold 190.00 570.00 82470 02/20/2003 002424 KELLEY DISPLAY INC Hot air balloon banners:Eco Devel 374.76 374.76 82471 02/20/2003 001091 KEYSER MARSTON ASSOC]AT Dec Consulting svcs:OId Two Rehab 11,329.21 Jan consulting svcs: Affordable housing 5,203.75 Jan consulting svcs:Welty Bldg rehad 2,773.75 Jan consu;ting svcs:: Educational ctr 1,385.43 20,692.14 82472 02/20/2003 002863 LAWSON PRODUCTS INC Misc. parts & supplies for PW mntc 235.60 Misc. parts & supplies for PW mntc 147.59 383.19 82473 02/20/2003 000210 LEAGUE OF CALIF CITIES SAC '03 Planner's Institute:3/20-22/03 1,290.00 1,290.00 82474 02/20/2003 005976 LEROSSIGNOL, KIMBERLY Refund: TinyTots-Creative Beg 85.00 85.00 82475 02/20/2003 003286 LIBRARY SYSTEMS & SERVICE Jan svcs-library system agrmt 10,736.16 Jan svcs-ribrary system agrmt 1,192.84 11,929.00 Page3 apChkLst Final Check List Page: 4 02/20/2003 1:04:18PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid CheckTotal 82476 02/20/2003 004697 LOWESHIWINC FY 01/02 Cfd 88-12 reimbursement 51,863.86 51,863.86 82477 02/20/2003 003782 MAIN STREET SIGNS Misc, signs & hardware:PW 776.88 776.88 82478 02/20/2003 004141 MAINTEXINC CRC CustodiaISupplies 331.98 331.98 82479 02/20/2003 001967 MANPOWERTEMPORARY SER Temp help W/E 1/12 JD/'I'P/KW 1,069,42 Temp help W/E 02/02 TP/JD 808.83 Temp help W/E 1/26 TP/JD 752.07 Temp herp W/E 01/19 TP/JD 666.93 Credit:Billing error:Washington -23.22 3,274.03 82480 02/20/2003 005975 MCCURRY, MORRIS Refund:Hawaiian Dance Teen Beg. 35.00 35.00 82481 02/20/2003 003800 MCLAUGHLIN ENGINEERING Rel. retention:R.V, drainage impr 1,464.00 1,464.00 82482 02/20/2003 001384 MINUTEMAN PRESS Business Cards:Lankenau/Jensen 85.66 85.66 82483 02/20/2003 000973 MIRACLE RECREATION EQUIP RR vandalized table top:Marg Prk 517.34 517.34 82484 02/20/2003 002925 NAPA AUTO PARTS PW vehicles parts/supplies 78.02 MS 84 vehicle parts/supplies 30.88 Credit:items returned -10.55 98.35 82485 02/20/2003 000727 NATIONAL FIRE PROTECTION sales tax for ntc# 2118283X 49.82 49.82 82486 02/20/2003 002139 NORTHCOUNTYTIMES-ATTN: Janads:CIPconstr. updates 583.68 583.68 82487 02/20/2003 004191 NORTH COUNTYTIMES-PMT P 2/24-8/23 subscription:Planning 61.00 61.00 82488 02/20/2003 003964 OFFICE DEPOT BUSINESS SVS Digital camera for Police dept 520.31 Office Supplies:P.D.storefront stn 385.52 Office Supplies:P.D. storefmnt stn 214.20 Office supplies:P.D, storefront stn 4.36 Credit:items retumed:Planning -45.37 1,079.02 82489 02/20/2003 002105 OLD TOWN TIRE & SERVICE City vehicle maint/repair svcs 160.45 City vehicle maint/repair svcs 101.65 262.10 82490 02/20/2003 003218 PELA Jan Idscp dsgn:Town Ctr Median 21.50 21.50 Page~ apChkLst Final Check List Page: 5 02/2012003 1:04:18PM CiTY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid CheckTotal 82491 02/20/2003 000580 PHOTO WORKS OF TEMECULA Photo devel for CIP division 117.32 117.32 82492 02/20/2003 005978 PIERMARINI, ROBERT Refund:LEAFlicense fee 28.00 28.00 82493 02/20/2003 004515 pLASTIC LUMBER COMPANY I Name Sign Blades:PW Maint. 223.80 223.80 82494 02/20/2003 005939 POMMER, APRIL, I TCSD Instructor Earnings 179.20 TCSD Instructor Earnings 76.80 256.00 82495 02/20/2003 000254 PRESS ENTERPRISE COMPAN Jan ads:CIP constr, updates 1,228.50 Jan recruit ads for H.R. dept 1,010.12 2,238.62 82496 02/20/2003 005075 PRUDENTIAL OVERALL SUPPL City fac floor mat/towel rental 757.40 757.40 82497 02/20/2003 004529 QUAID TEMECULA HARLEY-DA Motomycle:Tem. Police:6279 19,370.15 19,370.15 82498 02/20/2003 004453 R C ENTERPRISES Rubber stamps:Bldg & Safety dept 54.95 54.95 82499 02/20/2003 000262 RANCHO CALIF WATER DIST Jan 01-06-27900-2 Moreno Rd 131.66 Jan 01-06-66000-3 Main St. 12.26 143.92 82500 02/20/2003 000947 RANCHO REPROGRAPHICS Dupl blueprints:Pechanga Pkwy 291.25 blueprints:J.W, assessment district 71.44 blueprints:J.W, assessment district 39.57 Dupl blueprints:Diaz Realignment 24.73 426.99 82501 02/20/2003 001500 REGIONALTRAINING CENTER- Wdting for Results:l/7-8:J. Dauer 245.00 245.00 82502 02/20/2003 002412 RICHARDS WATSON & Nov 2002 legal services 4,066.23 4,066.23 82503 02/20/2003 000418 RIVERSIDE CO CLERK & Ntc/exempt fee:Habitat~Humanity 64.00 64.00 82504 02/20/2003 000418 RIVERSIDE CO CLERK & Jan 03 Aperture card duplicates 8.20 8.20 82505 02/20/2003 001365 RIVERSIDE CO annual permit:CRC 368.00 368.00 82506 02/20/2003 000955 RIVERSIDE CO SHERIFF SW ST Holiday parade patrol svcs:12/13 4,156.74 4,156.74 82507 02/20/2003 001097 ROADLINE PRODUCTS INC Parts for PW Stencil Truck 1,013.87 Parts for PW Stencil Truck 118.57 1,132.44 Page5 apChkLst Final Check List Page: 6 02/2012003 1:04:18PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid CheckTotal 82508 02/20/2003 005227 SAN DIEGO COUNTY OF support prat:# 661183401610 25.00 25.00 82509 02/20/2003 000537 SO CALIF EDISON Jan 2-00-397-5059 various mtrs 6,476.73 6,476,73 82510 02/20/2003 001212 SO CALIF GAS COMPANY Feb City facilities gas meters 3,807.45 Feb 095-167-7907-2 Stn 84 213.46 4,020.91 82511 02/20/2003 000519 SOUTH COUNTY PEST Feb pest control svcs: various sites 325.00 Feb pest control svcs:Caboose 29,00 354,00 82512 02/20/2003 000574 SUPERTONER HP Printer Supplies 310.32 310.32 82513 02/20/2003 003673 TECH 101 ARCUS INC 2 Autocad machines for PW 2,485.35 2,485.35 82514 02/20/2003 003442 TEMECULA BUILDING COMPAN Refund:voided permit 332.78 332.78 82515 02/20/2003 000309 TEMECULACOPIERS supplies for copy center 262.91 262.91 82516 02/20/2003 005412 TEMECULAGARDEN&POWER Repair/maintofPWequipment 71.08 71.08 82517 02/20/2003 000307 TEMECULATROPHYCOMPAN nameplates:Hogan/Yorke 16.16 16.16 82518 02/20/2003 003140 TEMECULAVALLEYTAEKVVON TCSD instructoreamings 120.00 TCSD Instructor Earnings 100.00 TCSD Instructor Earnings 40.00 260.00 82519 02/20/2003 005979 TOMAN, MADELEINE N. Refund:admin cite #2147 50.00 50.00 82520 02/20/2003 005567 TOTL GEAR LLC Sports League Awards 1,050.00 add'l set-up fee 20.00 1,070.00 82521 02/20/2003 000320 TOWNE CENTER STATIONERS OfficeSuppliesforCIPDiv. 135.27 135.27 82522 02/20/2003 005592 TWINING LABORATORIES Prof Svcs:O.T.Mercantile B[dg 8,851.70 8,851.70 82523 02/20/2003 000332 VANDORPE CHOU ASSOCIATE Aug-Nov AppL development svcs 2,430.00 2,430.00 82524 02/20/2003 002109 WHITE CAP INDUSTRIES INC supplies for PW Maint. Div. 270.76 270.76 82525 02/20/2003 000348 ZIGLER, GAlL Reimb:Team Pace Valentine's Day 216.15 216.15 Sub total for UNION BANK OF CALIFORNIA: 227,315.68 Pages apChkLst Final Check List Page: 1 02/27/2003 12:36:37PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid CheckTotal 89 02/27/2003 000246 PERS (EMPLOYEES' RETIREME Pers er paid member contr payment 47,824.39 47,824.39 90 02/27/2003 000283 INSTATAX (IRS) Federal income taxes payment 57,881.75 57,881.75 91 02/27/2003 000444 INSTATAX (EDD) State Disability ins payment 13,150.50 13,150.50 92 02/27/2003 003228 U S BANK TRUST NATIONAL AS tax revenue:CFD 01-02 Harveston 446,734.45 446,734.45 82526 02/21/2003 004111 EMPLOYMENT DEVELOPMENT Add't pmt for 2nd Qtr Unemployment 42.34 42.34 82527 02/27/2003 005277 2 H CONSTRUCTION INC Prof.svc:OId Twn Mercantile BIdg 42,980.58 42,980.58 82528 02/27/2003 002539 3CMA/CITY COMMUNICATION & Tourism CD-ROM award entry fee 72.00 72.00 82529 02/27/2003 004148 AT & T Long distance svcs: P.D. 140.17 140.17 82530 02/27/2003 000745 A T & T WIRELESS SERVICES Cellular phone svcs:lnf Sys 297.70 297.70 82531 02/27/2003 000434 ACCELA. COM Write queries for permit plus software 647.50 Write queries for permit plus software 647.50 1,295.00 82532 02/27/2003 003304 ADAMS ADVERTISING INC Old Town Billboard Change:RDA 500.00 500.00 82533 02./27/2003 001281 ALHAMBRA GROUP Ldscparchitectsvcs:Ynez/Santiago 500.00 500.00 82534 02/27/2003 004240 AMERICAN FORENSIC NURSES DUhDrug/Alcohol Screening svc:Poli 252.00 DUI:Drug/Alcohol Screening svc:Poli 105.00 357.00 82535 02/27/2003 001587 AMERICAN PUBLIC WORKS AS Membership:Hughes:612062 125.00 125.00 82536 02/27/2003 004316 AN WIL BAG COMPANY Asphalt Winter Mix Cold Patch for PW 769.34 769.34 82537 02/27/2003 002187 ANIMAL FRIENDS OF THE VALL Jan 03Animal control services 8,065.20 8,065.20 Page:l apChkLst Final Check List Page: 2 02/2712003 12:36:37PM Cl'r~ OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid CheckTotal 82538 02/27/2003 000101 APPLE ONE, INC. Atkinson temp help PPE 02/08/03 715.00 DeLarm temp help PPE 02/01/03 624.00 DeLarm temp help PPE 02/08/03 624.00 Kau temp help PPE 02/08/03 549.25 Kissam temp help PPE 02/08/03 468.00 Kau temp help PPE 02/01/03 383.50 3,363.75 82539 02/27/2003 002648 AUTO CLUB OF SOUTHERN CA Membership: Jensen, Richard 54.00 Membership: Lankenau, Steve 54.00 Membemhip:John Zuna 98647260 44.00 Membership: Mark Levis 80925362 44.00 196.00 82540 02/27/2003 004801 BECKER & BELL INC Employee classification reviews 3,835.72 3,835.72 82541 02/27/2003 001080 BILLIARDS & BARSTOOLS CRC pool table recovery 538.60 538.60 82542 02/27/2003 004262 BIO-TOX LABORATORIES DUI:Drug/Alcohol Screening svc:Poli 748.60 DUhDrug/Alcohol Screening svc:Poli 348.40 1,097.00 82543 02/27/2003 004176 BROADWING Long distance & internet svcs 695.00 695.00 82544 02/27/2003 002103 C A P I O Mb:P.Comemhero/Web Awd Appl Fee 250.00 250.00 82545 02/27/2003 002103 C A P I O Tourism CD-ROM award entry fee 75.00 75.00 82546 02/27/2003 000924 C A P P O. INC. Membership:Mary Vollmuth 846 90.00 90.00 82547 02/27/2003 000128 CALSURANCEASSOCIATES I 3/03-3/041nsurance:S.Jones 350.00 FY 02-03 insurance:Public Entity Equi 159.00 FY 02-03 Medic Squad Insurance 118.00 627.00 82548 02/27/2003 005901 CALIFORNIA EXHIBITION Gold fever exhibit for museum 450.00 450.00 82549 02/27/2003 004976 CALIFORNIA GLASS COMPANY Promotional items for Eco Devel 673.38 673.38 82550 02/27/2003 004971 CANON FINANCIAL SERVICES, Mar lease for City Copiers 6,727.20 Stn 73 copier lease for Mar 03 149.77 6,876.97 82551 02/27/2003 002534 CATERERS CAFE Refreshments:GST Presentation 129.68 Refreshments: Interview panel 93.59 Refreshments:Working mtg:Planning c 51.88 Refreshments:Permits Plus mtg 15.00 290.15 82552 02/27/2003 000137 CHEVRON U S A INC Fuel expense for city vehicles 326.79 326.79 Page2 apChkLst Final Check List Page: 3 02/27/2003 12:36:37PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Cate Vendor Description Amount Paid CheckTotal 82553 02/27/2003 000912 CITY CLERKS ASSN OF CALIF Annual Conf:4/16-18/03:Jones/Flores 845.00 845.00 82554 02/27/2003 004405 COMMUNITY HEALTH CHARI Community Health Charities payment 173.50 173.50 82555 02/27/2003 001193 COMP U S A INC Misc. Computer Supplies:lnf Sys 470.68 470.68 82556 02/27/2003 000447 COMTRONIX OF HEMET Install lightbar/radio:TCSD Ford Range 2,265.82 2,265.82 82557 02/27/2003 005017 CONGRESS OF HISTORY Membership: Od, Wendell 12.00 12.00 82558 02/27/2003 000864 CORONA CLAY COMPANY INC Angel/mound mix for TCSD mntc 2,074.19 Angel/mound mix for TCSD mntc 1,010.16 3,084.35 82559 02/27/2003 002932 CROWN CARPET & DRAPERIE install new carpet @ City Hall 2,019.43 2,019.43 82560 02/27/2003 003272 DAISYWHEEL RIBBON Plotter paper and ink:Gl$ 371.60 371.60 82561 02/27/2003 001393 DATATICKET INC Jan prkcitation processing svcs 544.95 544.95 82562 02/27/2003 004569 DAVICTAUSSIG&ASSOCIATE Special tax consultant:Butterfield 3,107.85 3,107.85 82563 02/27/2003 002954 DIAMOND GARAGE Res Imp Prgm: Enriquez, Vincent 710.00 710.00 82564 02/27/2003 004222 DIAMONDBACKFIRE&RESCU Extension hose for Stn 92 394~10 394.10 82565 02/27/2003 000684 DIEHL EVANS & COMPANY LLP Audit svcs:City's financial 18,950.00 18,950.00 82566 02/27/2003 004192 DOWNS COMMERC;AL FUELI Fuel for city vehicles 671.97 671.97 82567 02/27/2003 004769 DRAGONFLYER PRESS Tourism ad in Inid Empire visitor guide 1,500.00 1,800.00 82568 02/27/2003 001380 E S I EMPLOYMENTSERV[CES SS/LW temp help PPE 02/07/03 2,277.46 Hansen temp help PPE 02/07/03 2,219.28 Rosales temp help PPE 02/07/03 1,908.00 Heer temp help PPE 02/07/03 1,675.31 Kanigowski temp help PPE 02/07/03 1,339.88 Novotny temp help PPE 02/07/03 1,228.21 Martinez temp help PPE 02/07/03 1,188.88 McClanahan temp help PPE 02/07/03 1,176.80 Montecino temp help PPE 02/07/03 1,109.60 14,123.42 Page3 apChkLst Final Check List Page: 4 02/2712003 12:36:37PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid CheckTotal 82569 02/27/2003 002283 EMBASSY SUITES HOTEL Refrshmnt: Travel show sponsomhip 1,794.94 1,794.94 82570 02/27/2003 003665 EMERITUS COMMUNICATIONS Jan long distance phone svcs 426.27 426.27 82571 02/27/2003 005251 EQUIPMENT REPAIR SERVICE Mobile Equip/Truck Repair Svcs:PW m 225.68 225.68 82572 02/27/2003 004464 EXXONMOBIL CARD SERVICES Fuel expense for City vehicles 293.53 293.53 82573 02/27/2003 005980 FARQUHAR, KYLE Support Payment 4,180.00 4,180.00 82574 02/27/2003 000165 FEDERAL EXPRESS INC Express mail services 154.47 154.47 82575 02/27/2003 001511 FIELDMAN ROLAPP & ASSOCIA FinancialAdvisor:Crown Hill CFD 03-1 3,251.81 Financial Svc:Wolf Creek CFD 2,005.50 Financial svcs:Butterfield CFD 652.32 5,909.63 82576 02/27/2003 005983 FIREFIGHTERSBOOKSTORE Fire Manuals for Fire Stn 92 298.16 298.16 82577 02/27/2003 001135 FIRST CARE INDUSTRIAL MED Pre-employment physicals 170.00 170.00 82578 02/27/2003 003281 FOREMOST FIRE PROMOTION Fire public education materials 623.12 623.12 82579 02/27/2003 002528 GLASS BLASTERS INC New employee glass mugs 170.25 New employee glass mugs 17.24 187.49 82580 02/27/2003 005947 GOLDEN STATE OVERNIGHT Express Mail Service:CM 7.88 7.88 82581 02/27/2003 000175 GOVERNMENT FINANCE OFFI GAAFR Review for period 5/03-4/04 50.00 50.00 82582 02/27/2003 004053 HABITAT WEST INC RC Planting & monitoring svcs 450.00 450.00 82583 02/27/2003 002126 HILLYARD FLOOR CARE SUPPL Cleaning Supplies: CRC Gym Floor 113.25 113.25 82584 02/27/2003 005748 HODSON, CHERYL A. Support Payment 11.02 11.02 82585 02/27/2003 000194 I C M A RETIREMENTTRUST 45 ICMA Retirement payment 6,466.14 6,466.14 82588 02/27/2003 004219 INDUSTRIAL DISTRIBUTION GR Mntc Supplies for PW Mntc Division 91.97 91.97 Page~ apChkLst Final Check List Page: 5 02/27/2003 12:36:37PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid CheckTotal 82587 02/27/2003 002776 INTOUCH AMERICA Jan cellular svcs: Sr Van 27.68 27.68 82588 02/27/2003 004908 JIFFY LUBE #1878 City vehicle maint~repair svcs:B&$ 50.65 City vehicle maint/repair svcs:B&S 31.42 82.07 82589 02/27/2003 000203 JOBS AVAILABLE INC Employee recruitment ads 82.80 82.80 82590 02/27/2003 004603 JOHNSON POWER SYSTEMS Emerg generator mntc:Stn 84 435.00 435.00 82591 02/27/2003 002575 JONES, SUSAN W. Refund: Dance-Youth Hawaiian Beg 30.00 30.00 82592 02/27/2003 005988 KEEFER, BRIAN P. BIdg permit refund:Hitching Post 190.00 190.00 82593 02/27/2003 005981 LAKE ARROWHEAD RESORT Management Retreat:3/6-7/03 2,345.87 2,345.87 82594 02/27/2003 003726 LIFE ASSIST INC Paramedic squad supplies:Fira 870.08 Paramedic squad supplies:Fire 203.78 1,073.86 82595 02/27/2003 002634 LITELINESINC Lense for security fixture:Temeku Prk 245.67 245.67 82596 02/27/2003 004087 LOWE'S Misc hardware supplies:TCSD 60.24 60.24 82597 02/27/2003 004697 LOWES HIW INC Res impr prgm:Houston, Cornelius 1,739.25 1,739.25 82598 02/27/2003 003782 MAIN STREET SIGNS Signs/hardware supplies:PW 323.25 323.25 82599 02/27/2003 005989 MAIN STREET TOURS, INC. Refund:Museum tour 92.00 92.00 82600 02/27/2003 004141 MAINTEX tNC CRC Custodial Supplies 138.89 T.C.C. Custodial Supplies 101.76 Museum Custodial Supplies 95.29 335.94 82601 02/27/2003 005806 MATTHEWS, CATHERINE J. Oct-Jan street addressing:B&S dept 526.00 526.00 82602 02/27/2003 000220 MAURICE PRINTERS INC Printing:Tem. qtriy newsletters 5,367.03 5,367.03 Page5 apChkLst Final Check List Page: 6 02/27/2003 12:36:37PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid CheckTotal 82603 02/27/2003 001384 MINUTEMAN PRESS qtylOOOletterhead:CityMgrDept 567.62 qty 1500 envelopes:H.R. Dept 121.22 Business Cards:K. Olsen 114.86 Business Cards:P. Von Richter 114.86 Qty 1000 envelopes:RDA 107.80 Business Cards:K. Cummings 85.66 qty 1000 envelopes:TCSD 78.04 Business Cards:S. Branauh 42~83 1,232.89 82604 02/27/2003 005862 MITCHELL INSTRUMENT Fire stn 92 CO pocket monitors 1,206.00 1,206.00 82605 02/27/2003 001892 MOBILE MODULAR Feb modular bldg rental:Fire Stn 92 777.95 777.95 82606 02/27/2003 000883 MONTELEONE EXCAVATING O.T. Street Cleaning:Rod Run 850.00 850.00 82607 02/27/2003 004490 MUSCOSPORTS LIGHTING INC various parkslamps 2,000.18 2,000.18 82608 02/27/2003 004508 NAGGAR, MICHAEL S. Reimb:LeagL~e Committee:l/2-3/03 40.14 40.14 82609 02/27/2003 000845 NATIONAL LEAGUE OF CITIES 03/03-02/04 membership dues 3,671.00 3,671.00 82610 02/27/2003 001065 NATIONWIDE RETIREMENT SO Nationwide retirement payment 16,955.50 16,955.50 82611 02/27/2003 005608 NEUMAN, JASON Reimb:RiskWatch Cf:1/23-24 210.73 210.73 82612 02/27/2003 004191 NORTHCOUNTYTIMES-PMTP 2/18-5/18subscription:l.S. dept 32.25 32.25 52613 02/27/2003 005771 NOVACOAST INTERNATIONAL I computer network svcs 1,400.00 1,400.00 82614 02/27/2003 003964 OFFICE DEPOT BUSINESS SVS Office supplies for Fire Prev. 261.25 Office supplies for Fire Prev. 22.84 Credit:item retumed:Storefront stn -214.19 69.90 Pages apChkLst Final Check List Page: 7 02/2712093 12:36:37PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid CheckTotal 82615 02/27/2003 002105 OLD TOWN TIRE & SERVICE City vehicle maint/repair svcs 414.73 City vehicle maint/mpair svcs 262.98 City vehicle maint/repair svcs 242.76 City vehicle maint/mpair svcs 235.52 City vehicle maint/repair svcs 109.01 City vehicle maint/repair svcs 89.40 City vehicle maint/repair svcs 87.76 City vehicle maintJrepair svcs 51.60 City vehicle maint/repair svcs 38.68 City vehicle maint~repair svcs 19,19 City vehicle maint/mpair svcs 11.25 City vehicle maint/mpair svcs 2.85 1,565.13 82616 02/27/2003 001171 ORIENTALTRADINGCOMPANY suppliesforTeamPaceevents 318.51 Volunteer recogn, supplies 59.65 378.16 82617 02/27/2003 005991 ORONA, KIMBERLYA. Refund:Sec. Deposit:01/16/03 100.00 100.00 82618 02/27/2003 002734 P V P COMMUNICATIONS INC Police Motomycle Helmets 1,341.43 1,341.43 82619 02/27/2003 005990 PALOMAR HOTEL Refund:T.O.T. overpayment 110.98 110.98 82620 02/27/2003 003955 PANE CONSULTING SERVICE ( volunteer recogn, supplies 1,780.05 1,780.05 82621 02/27/2003 003218 PELA Jan Idscp plan ck svc:Hwy 79S 344.00 344.00 82622 02/27/2003 001958 PERS LONG TERM CARE PROG Peru long term cam payment 227.08 227.08 82623 02/27/2003 000249 pETTY CASH Petty cash reimbursement 243.17 243.17 82624 02/27/2003 000254 PRESS ENTERPRISE COMPAN Jan public ntcs:CC/Planning 587.00 Jan var public ntcs:City Clerk 62.98 649.98 82625 02/27/2003 004529 QUAID TEMECULA HARLEY-DA P.D. motorcycle repair/maint svcs 1,753.11 1,753.11 82626 02/27/2003 005563 R E FLEMING CONSTRUCTION Jan prgs prat #4:Children's Mus. 87,294.51 87,294.51 82627 02/27/2003 000981 R H F INC repair/maint P.D. radar equipment 221.88 221.88 82628 02/27/2003 002612 RADIO SHACK INC Misc Computer Supplies 39.18 39.18 Paget apChkLst Final Check List Page: 8 02/2712003 12:36:37PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid CheckTotal 82629 02/27/2003 000728 RAMSEY BACKFLOW & PLUMB var slopes backfiow testing 558.00 558.00 82630 02/27/2003 000262 RANCHO CALIFWATER DIST various water meters 5,078.38 various water meters 4,112.02 Feb 01-08-00037-1 Cupeno Ln 38.73 9,229.13 82631 02/27/2003 004584 REGENCY LIGHTING City Hall electrical supplies 561.16 Sr Ctr/CRC/Mus. electrical supplies 329.33 City Hall electrical supplies 165.72 City Hall electrical supplies 73.92 electrical supplies retumed -52.69 1,077.44 82632 02/27/2003 003591 RENES COMMERCIAL MANAGE Citywide R.O.W.'S debris cleaning svc 5,000.00 5,000.00 82633 02/27/2003 002412 RICHARDS WATSON & Dec 2002 legal services 88,791.96 88,791.96 82634 02/27/2003 000266 RIGHTWAY equip rental - Long Cyn Crk Pk 54.39 54.39 82635 02/27/2003 000353 RIVERSIDE CO AUDITOR Jan parking cite assessments 3,536.00 3,536.00 82636 02/27/2003 005785 RIVERSIDE CO EMS EMT/Paramedic recerL:S. Piccini 50.00 50.00 82637 02/27/2003 000955 RIVERSIDE CO SHERIFF SW ST Patrol svcs:Bike Rodeo:01/25/03 898.38 898.38 82638 02/27/2003 005406 RIVERSIDE CO TRAIN OFF. RescueSys. 1:D.Buck:2/10-14 250.00 250.00 82639 02/27/2003 003310 RIVERSIDE LOCALAGENCY Copy of LAFCO 1/23/03 hearing 20.00 20.00 82640 02/27/2003 001942 S C SIGNS Nov/Dec posting public ntcs:Plan 1,105.00 Nov/Dec posting public ntcs:C.C. 585.00 Jan posting public ntcs:C.C. 195.00 1,885.00 82641 02/27/2003 005018 SACHER, SUZANNE L. TCSD Instructor Earnings 72.00 72.00 82642 02/27/2003 005227 SAN DIEGO COUNTY OF Support Payment 107.00 107.00 82643 02/27/2003 000751 SKILLPATH INC proof-reading/grammar skills:5/30 298.00 298.00 Page~ apChkLst Final Check List Page: 9 02/27/2003 12:36:37PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid CheckTotal 82644 02/27/2003 000645 SMART & FINAL INC volunteer recogn, supplies 185.77 rec. supplies:Sr Ctr 93.60 rec supplies:teen prgm 74.27 rec supplies:Family Fun Nights 65.10 418.74 82645 02/27/2003 000537 SO CALIF EDISON Feb 2-19-999-9442 various mtrs 2,298.01 Feb 2-22-891-0550 various mtrs 299.14 Feb 2-23-365-5992 Stn 92 284.11 Feb 2-21-981-4720 Hwy 79 68.77 Feb 2-24-628-8963 Btrfld Stage 38.07 Feb 2-24-151-6582 Overland Trl 12.96 3,001.06 82646 02/27/2003 001212 SO CALtF GAS COMPANY Feb 133-040-7373-0 West Wing 91.06 Feb 101-525-0950-0 TCC 90.17 181.23 82647 02/27/2003 005786 SPRINT 1/15-2/14/03 cell phone svcs 4,369.95 4,369.95 82648 02/27/2003 000293 STADIUM PIZZA Rfrshmnts:hol. parade:12/13/02 211.34 211.34 82649 02/27/2003 002366 STEAM SUPERIOR CARPET CL City Hall carpet cleaning 2,400.00 West Wing carpet cleaning 700.00 3,100.00 82650 02/27/2003 003599 T Y LIN INTERNATIONAL Jan dsgn svcs:R.C. Bridge:9918 7,495.42 7,495.42 82651 02/27/2003 000305 TARGET STORE Office supplies for PW dept 256.51 Cabinet for P.D. satellite stn 75.41 331.92 82652 02/27/2003 003673 TECH 101 ARCUS INC 75 Microsoft keyboards/monitors 28,037.90 25 PC Workstations 21,770.93 10 PC Workstations 8,438.37 10 Windows XP Pro/Onsite warranty 8,438.37 4 Cd Rom Duplicator bays 1,363.49 68,049.06 82653 02/27/2003 004761 TEKTIME SYSTEMS, LLC repair svcs:Date/Time Stamper 122.36 122.36 82654 02/27/2003 004541 TEMECULA RADIATOR/AUTO R MS 84 vehicle repair/maint svc 2,912.15 Fire Prey. vehicle maint/repairs 548.64 Fire Prey. vehicle maint/repairs 146.13 TCSD vehicle smog check 98.25 Fire Prey. vehicle maint svcs 29.71 Fire Prey.vehicle maintJrepairs 28.75 3,763.63 82655 02/27/2003 000307 TEMECULATROPHY COMPAN Recogn. plaque: J. Henz 64.70 awards for P.D. Bike Rodeo 39.18 Recogn plaq ue:Delgado/Harpham 23.71 127.59 82656 02/27/2003 004274 TEMECULA VALLEY SECURITY var. parks Iccksmith svcs 20.86 20.86 Page9 apChkLst Final Check List Page: 10 02/27/2003 12:36:37PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid CheckTotal 82657 02/27/2003 000919 TEMECULAVALLEY UNIFIED S Jan vehicle fuel usage 793.54 793.54 82658 02/27/2003 005992 TERRAZAS, DENISE Refund:TinyTots/Cake Decorating 10.00 10.00 82659 02/27/2003 000319 TOMARK SPORTS INC TCSD Sports equipment 985.45 985.45 82660 02/27/2003 005937 TOMCZAK, MARIA, T. TCSD Instructor Earnings 48.00 48.00 82661 02/27/2003 003031 TRAFFIC CONTROL SERVICE I traffic control supplies:PW Mntc 493.23 493.23 82662 02/27/2003 000389 U S C M WEST (OBRA) OBRA- project retirement payment 1,580.64 1,580.64 82663 02/27/2003 000325 UNITED WAY United Way charities payment 255.30 255.30 82664 02/27/2003 004982 VARGAS FURNITURE Furniture for FireStn 84 779.40 Furniture for Fire Stn 84 277.12 1,056.52 82665 02/27/2003 004261 VERIZON CALIFORNIA Feb var phones/general usage 7,884.16 Feb xxx-0074 general usage 253.18 Feb xxx-1473 P.D. Storefront Stn 96.91 Feb xxx-3564 alarm 54.85 8,289.10 82666 02/27/2003 004848 VERIZON SELECT SERVICES I Feb long distance phone svcs 866.81 866.81 82667 02/27/2003 005789 VITAL ASSETS INC var. software consulting svcs 6,200.00 6,200.00 82668 02/27/2003 003730 WEST COAST ARBORISTS INC (3) tree stump removal 129.00 129.00 82669 02/27/2003 003756 WHITE HOUSE SANITATION Feb cleaning svcs:Btrfld Stage 50.00 50.00 82670 02/27/2003 005941 WILMOVSKY, DEBBIE TCSDInstructor Earnings 72.00 72.00 82671 02/27/2003 004774 WOODCREST UNIFORMS P.D. uniform embrodering svcs 14.23 14.23 82672 02/27/2003 000345 XEROX CORPORATION BILLIN faxtoner cartridges 300.63 300.63 Sub total for UNION BANK OF CALIFORNIA: 1,072,435.77 Page:l 0 apChkLst Final Check List Page: 1 03/05/2003 5:06:30PM CITY OF T£MECULA Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor Description Amount Paid CheckTotal 93 02/28/2003 003228 U S BANKTRUST NATIONAL AS CFD 01-2 tax pmt 414,312.10 414,312.10 ~2673 03/06/2003 001985 A E P (ASSOC OF ENVIRO AEP Conf:3/30-4/l:Hogan/Brown 850.00 850.00 82674 03/06/2003 006015 ABELLA, ALEXIA Refund:Exercise-Belly Dancing 30.00 30.00 82675 03/06/2003 003304 ADAMS ADVERTISING INC Mar billboard rental:Old Twn 2,082.50 2,082.50 82676 03/06/2003 004240 AMERICAN FORENSIC NURSES DUI:Drug/Alcohol Screening svc:Poli 216.00 DUI:Drug/Alcohol Screening svc:Poli 168.00 384.00 82677 03/06/2003 004446 AMERICAN SOCIETY OF CIVIL Membemhip: Mayra De LaTorre 135.00 135.00 82678 03/06/2003 006041 ANDREVVS, KATHLEEN Refund: Gymnastics- Waddlers 67.00 67.00 82679 03/06/2003 000101 APPLE ONE, INC. Delarm temp help PPE 02/15/03 577.20 Atkinson temp help PPE 02/15/03 442.00 Kau temp help PPE 02/15/03 416.00 Kissam temp help PPE 02/15/03 375.38 1,810.58 82680 03/06/2003 001323 ARROWHEAD WATER INC Bottled wtr servs @ City Hall 672.93 Bottled wtr servs @ West Wing 446.67 Bottled wtr servs @ CRC 38.17 Bottled wtr servs @ Museum 27.67 1,185.44 82681 03/06/2003 002648 AUTO CLUB OF SOUTHERN CA Vehicle lockout kit w/bag:Fire 260.31 260.31 82682 03/06/2003 006011 BAURES, ADRIAN Refund:Dog Obedience 68.00 68.00 82683 03/06/2003 002541 BECKER CONSTRUCTION SRV Debris/Silt removal:City Streets 2,017.20 2,017.20 82684 03/06/2003 005762 BIGFOOT GRAPHICS Cartooning w/Big Foot:Fmly Fun Ngt 100.00 100.00 82685 03/06/2003 006010 BLANCHARD, MARYNN Refund:Dog Obedience 68.00 68.00 82686 03/06/2003 004081 BUSINESS FURNITURE GROUP Office Furniture-Finance Department 3,175.25 Office Furniture-Finance Department 2,037.12 Office Furniture-Finance Department 1,260.00 6,472.37 Page:l apChkLst Final Check List Page: 2 03/05/2003 5:06:30PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid CheckTotal 82687 03/06/2003 000128 CAL SURANCE ASSOCIATES I ECl/Flood Insurance:02/03-02/04 33,000.00 Property Insurance:2/03-2/04 32,266.68 Eq/FIood Insurance:02/03-02/04 11,659.62 Eq/FIood Insurance:2/03-2/04 4,996.98 Eq/Flood Insurance:2/03-2/04 2,835.94 84,759.22 82688 03/06/2003 004248 CALIF DEPT OF JUSTICE/ACCT Fingerprints info for new ee recruitmen 126.00 126.00 82689 03/06/2003 005660 CALIF EMS AUTHORITY License renewal:M.Brandt P07169 130.00 130.00 82690 03/06/2003 005384 CALIFORNIA BAGEL BAKERY & Refreshments:Council Mtgs 278.00 Refreshments:Education ctr mtg 60.00 338.00 82691 03/06/2003 002520 CALIFORNIA 'PS Uniform Hats:PW mntc 232.74 232.74 82692 03/06/2003 001610 CALTRANS TdfcSgnl Parts forWinch/79N 2,104.00 2,104.00 82693 03/06/2003 001610 CALTRANS Inspect fees:Trffc Sgnls Winc/79N 2,000.00 2,000.00 82694 03/06/2003 002534 CATERERS CAFE Refreshments:TCSD Budget mtg 96.27 Refreshments:CM Working lunch 48.11 144.38 82695 03/06/2003 006013 CHRISTOPHER, CHRISTINE Refund: Arts/Crafts-Cartooning 7.50 7.50 82696 03/06/2003 001193 COMPUSAINC Misc. ComputerSupplies:lnfSys 83.98 83.98 82697 03/06/2003 002147 COMPLIMENTS COMPLAINTS & Entertainment:Volunteerrecognition 350.00 Entertainment:High Hopes:l/3 200.00 550.00 82698 03/06/2003 000442 COMPUTER ALERT SYSTEMS Alarm sys repairs:City Hall 107.02 107.02 82699 03/06/2003 002631 COUNTS UNLIMITED INC Prof Svcs:Citywide Traffic Count 1,125.00 1,125.00 82700 03/06/2003 006042 CREATIVE EVENT SOLUTIONS EMS Conf:6/4-6/03:Piccini/Davis 1,209.20 1,209.20 82701 03/06/2003 004123 D L PHARES & ASSOCIATES Mar Lease & CAM:Storefront 2,019.87 2,019.87 82702 03/06/2003 006016 DELGADILLO, SUSAN Refund: CPR & Fimt Aid Training 43.00 43.00 82703 03/06/2003 000609 DOUBLETREE HOTEL HoteI:AEP Conf:3/29-4/2:Hogan/Bmw 811.10 811.10 Page2 apChkLst Final Check List Page: 3 03/05/2003 5:06:30PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid CheckTotal 82704 03/06/2003 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles:TCSD 897.00 Fuel for city vehicles 674.67 Fuel for city vehicles 498.79 2,070.48 82705 03/06/2003 006020 DUFF, JESSICA Refund: Sports-lntroto Track 80.00 80.00 82706 03/06/2003 001380 E S I EMPLOYMENTSERVICES Martineztemp help PPE 02/14/03 663.92 McClanahan temp help PPE 02/14/03 485.43 1,149.35 82707 03/06/2003 006014 EARL, VIRGINIA Refund: Exemise-Yoga for Today 43.00 43.00 82708 03/06/2003 000523 EASTERN MUNICIPALWATER Feb 95366-02 Diego Dr Ldscp 46.08 46.08 82709 03/06/2003 000161 EDEN SYSTEMS INC Inforum gold upgrade:Exp Re[mb 1,988.68 Inforum geld upgrade:Pdt Mgmt 1,562.50 3,551.18 82710 03/06/2003 006002 ELWELL, JENNIFER Refund:Dog Obedience 68.00 68.00 82711 03/06/2003 005052 EMCOR SERVICE H.V.A.C. repair @ City Hall 292.50 H.V.A.C. repair @ TCC 65.00 357.50 82712 03/06/2003 001056 EXCEL LANDSCAPE Jan Idscp impr:R.C.Spads Park 8,000.00 Jan Idscp impr:R.C.Sports Park 7,200.00 Jan Idscp impr:l-I 5/79S Ramps 5,000.00 Jan Idscp impr:Paloma Del Sol 4,000.00 Jan Idscp impr:R.C. Rd Medians 492.80 Jan Idscp impr: Solana Way @ Via La 375.00 Jan Idscp impr:TCC-Main line repair 345.20 Jan Idscp impr:Riverton Park 212.43 Jan Idscp impr:RiveRon Park 173.52 Jan Idscp impr:Overland 173.44 Jan Idscp impr:Paseo Park 163.79 Jan Idscp impr:Paloma Del Sol 90.00 Jan Idscp imp~.Riverton Park 75.00 26,301.18 82713 03/06/2003 002037 EXPANETS Phone mntc contract:City Hall 2,198.40 2,198.40 82714 03/06/2003 000165 FEDERAL EXPRESS INC Express mailservices 71.73 71.73 82715 03/06/2003 005983 FIREFIGHTERS BOOKSTORE Fire Manuals for 410.82 410.82 82716 03/06/2003 001135 FIRST CARE INDUSTRIAL MED Pre-employmentphysical 165.00 165.00 Page3 apChkLst Final Check List Page: 4 03/05/2063 5:06:30PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 82717 03/06/2003 001989 FOX NE'FWORK SYSTEMS INC Audio~,ideo supplies: Council 576.24 Front Lobby Lg View Extender 550.31 1,126.55 82718 03/06/2003 000170 FRANKLIN QUEST COMPANY I Calendarsupplies:FireDept 60.07 60.07 82719 03/06/2003 006006 FRAZIER, DIANA Refund:Dog Obedience 68.00 68.00 82720 03/06/2003 003946 G T ENTERTAINMENT Entertainment:Father/Daughter Ngt 100.00 Entertainment:Mother/Son Ngt 100.00 Entertainment:High Hopes Dance 50.00 250.00 82721 03/06/2003 006017 GIRON, ELAINE Refund: Aquatics-Lifeguard Trn 90.00 90.00 82722 03/06/2003 005566 GLADSTONE, LESLIE T., TRUS annual tower rent for '01 & '02 9,585.00 Credit:amount exceeds agreement -45.00 Credit:2001 rent already paid -4,500.00 5,040.00 82723 03/06/2003 002528 GLASS BLASTERS INC Water glasses w/city logo 50.00 50.00 82724 03/06/2003 006038 GOULD, ROBERT Refund: Security Deposit 100.00 100.00 82725 03/06/2003 004607 GRACE BUILDING Custodial svcs for park restrooms 3,925.00 3,925.00 82726 03/06/2003 006003 GREENBERG, MA'CI' Refund:Dog Obedience 68.00 68.00 82727 03/06/2003 003820 GREYBAR PRINTING SERVICE Patient care reports:Fire 619.56 619.56 82728 03/06/2003 006019 HAEHL, KATHI Refund: Yoga For Today T/TH 67.00 67.00 82729 03/06/2003 000186 HANKS HARDWARE INC Hardware supplies:TCSD 1,352.26 Hardware supplies:CRC 257.01 Hardware supplies:PW 134.25 Hardware supplies:B&S 127.72 Hardware supplies:Old Twn 73.96 Hardware supplies:City Hall 41.23 Hardware supplies:Recreation 38.50 Hardware supplies:Museum 30.39 Hardware supplies:Sr Center 26.74 Hardware supplies:TCC 14.02 2,096.08 82730 03/06/2003 006021 HEILMAN, MICHAEL Refd resulting from admin citation 50.00 50.00 Page~ apChkt.st Final Check List Page: 5 03/06/2003 5:06:30PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid CheckTotal 82731 03/06/2003 006007 HEISLER, RAY Refund:Dog Obedience 68.00 68.00 82732 03/06/2003 006009 HERMANSON, CARRIE Refund:Dog Obedience 68.00 68.00 82733 03/06/2003 006005 HOBERG, ROSE Refund:Dog Obedience 68.00 68.00 82734 03/06/2003 001158 HOLIDAY INN K-9 Training Conf:4/3-5:Cohen 247.50 247.50 82735 03/06/2003 006000 HOWERY-MEIER, LEAH Refund:Dog Obedience 68.00 68.00 82736 06/06/2003 001517 INTEGRATED INSIGHTS DBA: H Employee Assistance Program 634.41 634.41 82737 03/06/2003 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals 299.33 299.33 82738 06/06/2003 000388 INTLCONFERENCE BLDG Membership:Anthony Elmo 50.00 50.00 82739 03/06/2003 001186 IRWIN, JOHN TCSDinstmctoreamings 1,116.00 1,116.00 82740 03/06/2003 006018 JACKSON, SHELLEY Refund: Sports-lntro to Track 65.00 65.00 82741 03/06/2003 002140 JAGUAR COMPUTER SYSTEMS Hard Drive: Inf Sys 434.23 Network equip mntc/repairs:lS 170.00 604.23 82742 06/06/2003 006039 JAMES, HEATHER Refund: Hawaiian Dance Teen Begin 30.00 30.00 82743 03/06/2003 006004 JENINGA, LAUREL Refund:Dog Obedience 68.00 68.00 82744 06/06/2003 004603 JOHNSON POWER SYSTEMS Emerg generator prev. mntc:CRC 435.00 Emerg generator prev. mntc:CH 435.00 870.00 82745 03/06/2003 006024 JOURNAL OF EMERGENCY MG Sub:Journal of Emerg Mgmt:Fire 138.00 138.00 82746 03/06/2003 005928 JUTKIEWICZ, ROBIN, J. TCSD instructor earnings 136.00 TCSD instructor earnings 88.00 224.00 82747 03/06/2003 002424 KELLEY DISPLAY INC Western/RWB Banners shipping 354.56 354.56 Page5 apChkLst Final Check List Page: 6 03/05/2003 5:06:30PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid CheckTotal 82748 03/06/2003 001867 KELLYTEMPORARY SERVICES Francis temp help PPE 02/02/03 1,080.00 Francis temp help PPE 02/16/03 1,080.00 Francis temp help PPE 02/09/03 1,026.00 Francis temp help PPE 01/26/03 897.75 Francis temp help PPE 02/23/03 864.00 4,947.75 82749 03/06/2003 006008 KHALSA, GURUKARAM Refund:Dog Obedience 68.00 68.00 82750 03/06/2003 004062 KUSTOM SIGNALS INC Prolaser III Radar w/Coiled Cord 8,067.16 8,067.16 82751 03/06/2003 006001 LACOMBE, NOHEMI Refund:Dog Obedience 68.00 68.00 82752 03/06/2003 006012 LAVASANAI, SEYAD Refund: Dance-Ballroom 5.00 5.00 82753 03/06/2003 004412 LEANDER, KERRY D. TCSD instructor earnings 420.00 TCSD instructor earnings 372.00 TCSD instructor earnings 204,00 996.00 82754 03/06/2003 004807 LINE X OF TEMECULA Bedliner for New Fire Truck 855.00 855.00 82755 03/06/2003 004087 LOWE'S Misc hardware supplies:TCSD 53.75 Misc hardware supplies:TCSD 27.93 Misc hardware supplies:TCSD 19.34 101.02 82756 03/06/2003 004776 M P SIGNS signs for new City vehicles 1,720.00 1,720.00 82757 03/06/2003 004141 MAINTEX INC CRC custodial supplies 238.40 T.C.C. custodial supplies 157.02 City Hall custodial supplies 119.33 West Wing custodial supplies 95.47 CRC custodial supplies 93.84 CRC custodial supplies 74.83 City Hall Custodial Supplies 23.85 802.74 82758 03/06/2003 006030 MALDONADO, PAT Refund:Dog Obedience 68.00 68.00 82759 03/06/2003 004068 MANALILI, AILEEN TCSD Instructor Earnings 742.00 742.00 82760 03/06/2003 001967 MANPOWER TEMPORARY SER temp helpw/e 2/16 Dankworth B&S 439.89 439.89 82761 03/06/2003 001384 MINUTEMAN PRESS BusinessCards:Stone/Naggar 459.45 Business Cards:CSO Rodriguez 329.01 envelopes for Community Svcs 300~14 1,088.60 Page~ apChkLst Final Check List Page: 7 03/06/2003 5:06:30PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid CheckTotal 82762 03/06/2003 006031 MIXON, DEBBIE Refund:Dog Obedience 136.00 136.00 82763 03/06/2003 000883 MONTELEONE EXCAVATING Clear/remove debris:City Creeks 25,000.00 Citywide road grading due to rains 3,460.00 28,460.00 82764 03/06/2003 004128 MORAMARCO, ANTHONY J. TCSD Instructor Earnings 252.00 252.00 82765 03/06/2003 001986 MUZAK INC Mar music broadcast:Old Town 59.50 59.50 82766 03/06/2003 005996 NATIONAL FLOOD INSURANCE Flood Ins. Rate Map revision fees 3,400.00 3,400.00 82767 03/06/2003 003396 NATIONAL SEMINARS GROUP Team Leader Sem:l-dey:Staff 780.00 780.00 82768 03/06/2003 006032 NOLAN, KIM Refund:Dog Obedience 68.00 68.00 82769 03/06/2003 002292 OASIS VENDING Feb coffee/kitchen supplies 477.68 West Wing coffee/kitchen supplies 100.92 578.60 82770 03/06/2003 002100 OBJECT RADIANCE INC TCSD Instructor Earnings 1,344.00 TCSD instructor Eamings 488.00 TCSD Instructor Earnings 345.60 TCSD Instructor Eamings 147.20 2,324.80 82771 03/06/2003 003964 OFFICE DEPOT BUSINESS SVS Planning office supplies 342.10 Code Enl. office supplies 81.60 423.70 82772 03/06/2003 002105 OLD TOWN TIRE & SERVICE City vehicle maintJrepair svcs 505.67 City vehicle maint/mpair svcs 330.10 City vehicle ma, int/repair svcs 188.56 City vehicle maint/repair svcs 82.32 CITY VEHICLE MAINT/REPAIR SVC 28.88 1,135.53 82773 03/06/2003 002668 OMEGA LAKE SERVICES Mar Duck Pond water maint svcs 800.00 800.00 82774 03/06/2003 004074 PARTY CITY OF TEMECULA IN Rec supplies for High Hopes Prgm 174.60 Rec supplies for High Hopes Prgm 16.10 190.70 82775 03/06/2003 005257 PENA, KIRSTEN Refund: Arts/Crafts-Cartooning 7.50 7.50 82776 03/06/2003 006022 PETERSON, LAURA Refund:Father/Daughter Date Nite 15.00 15.00 82777 03/06/2003 000249 PE I I '~' CASH Petty cash reimbursement 395.74 395.74 Paget apChkLst Final Check List Page: 8 03/05/2003 5:06:30PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid CheckTotal 82778 03/06/2003 000253 POSTMASTER Express mail & postal svcs 148.15 148.15 82779 03/06/2003 002612 RADIO SHACK INC Misc Computer Supplies 136.77 136.77 82780 03/06/2003 000728 RAMSEY BACKFLOW & PLUMB Parks backflow testing svcs 792.00 Var. Parks backflow testing 270.00 1,062.00 82781 03/06/2003 000262 RANCHO CALIF WATER DIST Feb 01-99-02003-0 Floating mtr 282.87 Various water meters 87.35 Feb 01-24-46500-1 Calle Tajo 78.53 448.75 82782 03/06/2003 003490 RANCHO MUSIC ASSOCIATION entertainment:Dickens Holiday 100.00 100.00 82783 03/06/2003 004584 REGENCY LIGHTING Var. Parks electrical supplies 1,478.72 CRC electrical supplies 1,056.70 City Hall electrical supplies 610.51 Var. Parks electrical supplies 461.17 Var. Parks electical supplies 315.28 Marg. Park electrical supplies 115.29 Var. Parks electrical supplies 90.94 West Wing electrical supplies 17.21 4,145.82 82784 03/06/2003 002110 RENTAL SERVICE CORPORATI Var Parks equipment rentals 108.84 108.84 82785 03/06/2003 000266 RIGH3WAY equipment rental - Riverton Park 77.94 equipment rental - Veteran's Pk 54.36 132.33 82786 03/06/2003 005785 RIVERSIDE CO EMS EMT/Paramedic recertification 50.00 50.00 82787 03/06/2003 005334 RIVERSIDE CO FACILITiES 16/17-11/13SVCS:I-15/CHERRY 420.00 420.00 82788 03/06/2003 000267 RIVERSIDE CO FIRE 1-200 Basic ICS:4/21-22/03 26.00 1-200 Basic ICS:4/21-22/03 26.00 1-200 Basic ICS:4/21-22/03 26.00 1-200 Basic ICS:4/21-22/03 26.00 104.00 82789 03/06/2003 000955 RIVERSIDE CO SHERIFF SW ST Refund:County revenue 530.00 530.00 82790 03/06/2003 004117 RIVERSIDE CO SHERIFF'S DEP FY 02/03 Sheriff's R.M.S. 90,898.00 90,898.00 82791 03/06/2003 000406 RIVERSIDE CO SHERIFFS DEP 10/17-11/13:lawenfomement 647,034.98 11/14-12/11 :law enfomement 620,471.99 1,267,506.97 82792 03/06/2003 004270 RUFFIAN SPECIALTIES fire hose bag w/compartments:Stn 92 77.42 77.42 Page~ apChkt.st Final Check List Page: 9 03/05/2003 5:06:30PM CiTY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid CheckTotal 82793 03/06/2003 006025 RUGGLES, JULES Refund:Ballroom-Rumba 10.00 10.00 82794 03/06/2003 006035 RUSSELL, MARY Refund:Aquatics-Synchranized 132.50 132.50 82795 03/06/2003 001942 S C SIGNS Jan post public ntcs:Planning 650.00 650.00 82796 03/06/2003 004598 S T K ARCHITECTURE INC Jan dsgn svcs:Roripaugh fire stn 10,149.20 10,149.20 82797 03/06/2003 006026 SALAZAR, MELISSA Refund:Dog Obedience 68.00 68.00 82798 03/06/2003 006036 SCHWEIGER, JEANNE Refund:Mother/Son Date Night 14.00 14.00 82799 03/06/2003 006043 SDSU FOUNDATION Train w/experts:A.M./T.C.:3/24 300.00 300.00 82800 03/06/2003 000403 SHAWN sco'l-r POOL & SPA Feb T.E.S. pool maint svcs 322.00 322.00 82801 03/06/2003 000385 SHELDON EXTINGUISHER COM 5 lb fire extinguisher:TCSD vehicle 75.32 75.32 82802 03/06/2003 004609 SHREDFORCE INC Feb document shredding svcs 490.00 490.00 82803 03/06/2003 006033 SIERRA K-9 ASSOCIATION Sierra K-9 Trials:4/3-5/03 75.00 75.00 82804 03/06/2003 000645 SMART & FINAL INC supplies for Vol. Recogn. Prgm 14.55 14.55 82805 03/06/2003 006028 SMITH, JENNIFER Refund:Dog Obedience 68.00 68.00 82806 03/06/2003 000537 SO CALIF EDISON various electric meters 8,664.30 Feb 2-02-502-8077 West Wing 1,523.21 Feb 2-11-007-0455 6th St. 349.13 Feb 2-19-683-3263 Front St Ped 329.42 Feb 2-22-575-0876 O. T. Front St. 298.86 Feb 2-20-817-9929 Front St Stn 209.86 Feb 2-18-049-6416 Front St Ped 188.41 Feb 2-21-911-7892 S.Side Pk Lot 141.68 various electric meters 139.07 Feb 2-18-528-9980 Santiago Rd 48.64 11,892.58 82807 03/06/2003 000519 SOUTH COUNTY PEST Pest Control Srvcs: City Hall 84.00 84.00 Page9 apChkl.st Final Check List Page: 10 03/05/2003 5:06:30PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid CheckTotal 82808 03/06/2003 006027 STEALEY, TINA Refund:Dog Obedience 68,00 68.00 82809 03/06/2003 002651 SUN BADGE COMPANY badge case for Cede Enfomement 45.68 45.68 82810 03/06/2003 000305 TARGET STORE Rec supplies for Family Fun Nights 89.59 supplies for Vol. Recogn. Prgm 66.37 Rec supplies for Teen Prgm 52.32 Rec supplies for Sr Ctr 40.59 248.87 82811 03/06/2003 003673 TECH 101 ARCUS INC 2 - 19" LCD Monitors 2,611.00 2,611.00 82812 03/06/2003 006040 TEMECULA CREEK VILLAGE, L Refund:overpmtplanningappi. 50.00 50.00 82813 03/06/2003 003677 TEMECULA MOTORSPORTS LL repair/maint P.D. motomycles 263.65 263.65 82814 03/06/2003 004541 TI=MECULA RADIATOR/AUTO R Repair/maint for MS84 392.34 392.34 82815 03/06/2003 004209 TEMECULA SUNRISE ROTARY Jan-Mar bus bench maint svcs 3,000.00 3,000.00 82816 03/06/2003 000307 TEMECULA TROPHY COMPAN Nameplate:Sgt. Bill Tyler 8.08 8.08 82817 03/06/2003 005903 TERRYS CANVAS 3 Ironsets & carriem for paramedics 161.63 161.63 82818 03/06/2003 003633 TOLL ROADS, THE Sep-Jan toll mad usage 49.26 May-Jan toll road usage 12.75 62.01 82819 03/06/2003 000319 TOMARK SPORTS INC TCSD sports equipment 102.67 102.67 82820 03/06/2003 003031 TRAFFIC CONTROLSERVICE I traffic controlsupplies:PW maint 96.98 96.98 82821 03/06/2003 004001 U C REGENTS '03 Inld Empire Review subscription 100.00 100.00 82822 03/06/2003 004981 UNISOURCE SCREENING & Jan recruit background ck svcs 303.00 Feb recruit background ck svcs 73.00 376.00 82823 03/06/2003 004504 VAIL RANCH SELF STORAGE Mar off-site storage:Records Mgmt 67.00 67.00 82824 03/06/2003 000332 VANDORPE CHOU ASSOCIATE Jan plan check svcs:B&S dept 6,488.54 Dec appl. Development:lS/B&S 6,075.00 12,563.54 Page:10 apChkLst Final Check List Page: 11 03/05/2003 5:06:30PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid CheckTotal 82825 03/06/2003 004261 VERIZON CALIFORNIA Feb xxx-2626 P.D. satellite stn 205.81 Feb xxx-9897 general usage 88.20 Feb xxx-3526 fire alarm 82.28 Feb xxx-2676 general usage 28.39 404.68 82826 03/06/2003 004789 VERIZON INTERNET SOLUTION Feb xx-0544 intemet services 69.95 69.95 82827 03/06/2003 006023 VINANT-TANG, PATRICIA Refund:Tennis-Intermediate Jr. 33.32 33.32 82828 03/06/2003 003730 WEST COAST ARBORISTS INC Citywide tree trimming svcs 18,134.60 Srope tree trimming svcs 9,396.20 27,530.80 82829 03/06/2003 006037 WEST COAST LIFE CHURCH Refund:Sec. Deposit:05/13 153.00 153.00 82830 03/06/2003 004829 WILSON GROUP LLC, THE Mar lobbying/consulting svcs 3,500.00 3,500.00 82831 03/06/2003 004774 WOODCREST UNIFORMS nametape:explorer/vol, uniforms 25.86 25.86 82832 03/06/2003 006034 WRIGHT, GARY Refund:Dog Obedience 68.00 68.00 82833 03/06/2003 006029 YATES, MIESHA Refund:Dog Obedience 68.00 68.00 Sub total for UNION BANK OF CALIFORNIA: 2,082,010.99 Page:l I ITEM 4 APPROVAL ~ CITY ATTORNEY DIRECTOR OF FIN~~ CITY MANAGER ~) CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance ~ DATE: March 18, 2003 SUBJECT: City Treasurer's Report as of January 31,2003 PREPARED BY: Karen Jester, Assistant Director of Ei~n,,an~ Pascale Brown, Senior Accountant ~ RECOMMENDATION: That the City Council receive and file the City Treasurer's Report as of January 31, 2003. DISCUSSION: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of January 31,2003. FISCAL IMPACT: None Attachments: City Treasurer's Report as of January 31,2003 City of Temecula City Treasurer's Report As of January 31, 2003 Cash Activity for the Month of Januaty Cash and Investments as of January 1, 2003 $ 84,528,963 Cash Receipts 12,789,650 Cash Disbursements (5,017,439) Cash and investments as of January 31, 2003 $ 92,301,17~4 Cash and Investments Portfolio: Maturity/ Termination Par/Book Type of Investment Institution Yield Date Balance Petty Cash City Hall n/a $ 1,500 General Checking Union Bank nla (6,175,145) Sweep Account Union Bank 0.260 % 6,752,235 (Money Market Account) (Highmark U.S. Treasury} Flex Benefit Demand Deposits Union Bank n/a (1,162) Local Agency Investment Fund State Treasurer-LAIF 2,103 % 69,940,989 Checking Account Union Bank n/a 8,926 (Parking Citations) Bond Fund - CFD 88-12 US. Bank (First Am. Treasury) 0.800 % 157 (Money Market Account) Delinquency Maintenance Account - CFD 88-12 CDC Funding Corp 5.430 % 9/1/2017 500,000 (investment Agreement) Delinquency Maintenance Account - CFD 88-12 U.S. Bank (First Am. Treasury) 0.800 % 427,474 (Money Market Account) Reserve Fund - CFD 88-12 CDC Funding Corp 5,430 % 9/112007 1,531,469 (Investment Agreement) Reserve Account - CFD 88-12 U.S. Bank (First Am. Treasury) 0.910 % 4 (Money Market Account) Variable Bond Fund - CFD 01-2 U.S. Bank First Am. Treasury) 0.800 % 2,730 (Money Market Account) Capital Interest Fund -CFD 01-2 U.S, Bank First Am. Treasury) 0.800 % 174,619 (Money Market Account) Interest Differential Fund - CFD 01-2 U.S. Bank First Am. Treasury) 0.800 % 130,293 (Money Market Account) Cost of Issuance Fund - CFD 01-2 U.S. Bank First Am. Treasury) 0.800 % 406,341 (Money Market Account) Admin Expense Fund - CFD 01-2 U.S. Bank First Am. Treasury) 0.800 % 50,180 (Money Market Account) Capital Improvement Fund - CFD 0t-02 US Bank First Am, Treasury) 0.800 % 4,594,483 (Money Market Account) Interest Account- RDA TABs US. Bank First Am. Treasury) 0.800 % 693,608 (Money Market Account) Reserve Account - RDA TABs U.S. Bank First Am. Treasury) 0.800 % 1 (Money Market Account) Project Account - RDA TABs US. Bank First Am. Treasury) 0.800 % 30,439 (Money Market Account) Project Account-RDA TABs State Treasurer-LAIF 2.103 % 10,484,073 (Local Agency Investment Fund) Instaflment Payment Fund - TCSD COPs U.S. Bank (First Am. Treasury) 0.800 % 218 (Money Market Account) Delivery Cost Fund - TCSD COPs U,S, Bank (First Am, Treasury) 0.800 % 6,473 (Money Market Account) Project Fund - TCSD COPs U.S. Bank (First Am. Treasury) 0.800 % 2,969 (Money Market Account) Project Fund - TCSD COPs State Treasurer-LAIF 2.103 % 2,738,300 (Local Agency Investment Fund) (1)*This amount is net of outstanding checks, (2)-At January 31, 2003 total market value (including accrued interest) for the Local Agency Investment Fund (LAIF) was $58,504,846,752, The City's proportionate share of that value is $70,222,822. All investments are liquid and currently available. The City of Temecula*s portfolio is in compliance with the investment policy. Adequate funds will be available to meet budgeted and actual expenditures of the City of Temecula for the next six months. ITEM 5 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jim O'Grady, Assistant City Manag DATE: March 18, 2003 SUBJECT: Radio Tower Controller (At the request of Mayor Stone and Mayor Pro Tem Naggar) PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council authorize $1,500 to replace a controller for the radio repeater for the Temecula Valley Chapter of RACES. BACKGROUND: The Golden Triangle Amateur Radio Club is a non-profit Section 501 (c)(3) organization, which serves civic, educational and governmental organizations through the Temecula Valley Chapter of RACES. The RACES organization provides emergency communication during all kinds of disasters, such as floods, earthquakes, and fires, etc. This group has participated in assisting various Fire Organizations during severe forest fires, and provided assistance during the 1993 flood where they were called upon to provide communications between County Law and Fire Organizations. This group has also assisted the Salvation Army and the Red Cross during these disasters. In addition, RACES was also called upon to provide assistance to the National Red Cross organization during the Northridge Earthquake. The controller for the repeater used by RACES is located at Inland Valley Medical Center and is aging and in need of being updated. On October 22, 2002 the City Council awarded $113,900 to 42 community organizations for the fiscal year 2002-03 Community Service Funding Program. At the time, a funding request from RACES was not submitted yet due to the emergency nature of this project, its now being introduced. Mayor Pro Tern Naggar and Councilmember Naggar are requesting reconsideration to fund this organization $1,500 for this project. Community Services Funding in the amount of $1,500 is available and will allow this repeater to be restored and become reliable for emergency communications. FISCAL IMPACT: Adequate funds are available in the Community Service Funding line-item to fund this additional request. GOLDEN TRIANGLE A2PIATEUR RADIO CLUB, INC. P.O. Box 1335 ~l/ildomar, CA 92595 February 26,2003 Councilman Mike Naggar City of Temecula Temecula, California Dear Councilman Naggar, I am President of the Golden Triangle Amateur Radio Club, a non-profit Section 501(c)(3) organization, dedicated to serving our members, and Civic, Educational, and Governmental organizations through our Temecula Valley Chapter of RACES. Our RACES organization provides emergency communicationd during all kinds of disasters, such as floods, earthquakes, and fires, etc. We have participated in assisting various Fire Organizations during severe forest fires, and provided assistance during the 1993 flood where we were called upon to provide communications between County Law and Fire organizations. We have also assisted the Salvation Army and the Red Cross dudng these disasters. In addition to these, we also were called upon to provide assistance by the National Red Cross organization during the Northddge Earthquake. We understand there is a possibility to obtain an immediate grant from the City of Temecula to assist organizations such as ours. We are in dire need ef fund to replace our aging and outdated Contoller for our repeater that is located at Inland Medical Center. The repeater is utilized by RACES, and during the past year it has proven to be prob~omatic and cannot be relied upon. We also need coaxial feed lines and if enough funds are obtain, a more effient antenna. Replacing these basic items will cost in the neighborhed of twelve to fifteen hundred dollars. Any assistance you can provide us in obtaining these funds wilt be greatly appreciated. -~' President / Golden Tdangle Amateur Radio Club ~lffiliated with the American Radio Relay League and designated a Special Service Club ~'~ ~9~-80£ ~OS Je~ew a~W ~I :~0 ~0 SO JeW ITEM 6 APPROVAL CITY ATTORNEY ~ DIRECTOR OF FINANCE~'..~.. CITY MANAGER ~,~ CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Shawn Nelson, City Manager DATE: March 15, 2003 SUBJECT: Resolution of Support - Indian Gaming Local Community Benefits Act PREPARED BY: Ashley Jones, Management Assistant RECOMMENDATION: That the City Council adopt the following resolution: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA SUPPORTING THE INDIAN GAMING LOCAL COMMUNITY BENEFITS ACT, AS DEVELOPED BY THE TRIBAL ALLIANCE OF SOVEREIGN INDIAN NATIONS' (TASIN) LOCAL GOVERNMENT COMMITTEE FOR ALLOCATING AND DISTRIBUTING THE INDIAN GAMING SPECIAL DISTRIBUTION FUND BACKGROUND: Existing state law creates in the State Treasury the Indian Gaming Special Distribution Fund (SDF) for the receipt and deposit of money received by the State from the Indian tribes pursuant to the terms of Tribal-State Gaming Compacts. Furthermore, existing law authorizes money in the fund to be appropriated for certain purposes, including "Grants, including administrative costs, for the support of state and local government agencies impacted by tribal government gaming." Tribes operating more than 200 machines as of September 1999 began making contributions into the SDF in October 2002. The first allocation was due to occur in January 2003; however, the Legislature is yet to adopt a methodology for allocating the funds. In March 2002, the Tribal Alliance of Sovereign Nations (TASIN), a coalition of 14 federally recognized tribes operating a total of nine casinos in Santa Barbara, Riverside, and San Bernardino counties, formed a local government committee to develop a proposal for consideration by the Legislature for allocating and distributing money in the SDF. The Final Proposal, known as the Indian Gaming Local Community Benefits Act, was designed to create a mechanism through which revenues generated by tribal areas are re-directed back to locally impacted areas. The Pachanga Indians are a member of the TASIN coalition and are in support of the attached resolution. The Act as developed by the local government committee, will provide for a continuing appropriation of funds in the SDF based on the following formula: R:'~ASHLEYS~Steff Repo~ts~Staff repori-Nelson Reso No.2003-105 doc 40% for entitlement funds for qualifying local cities and counties impacted by gaming operations conducted by tribes contributing to the SDF. Criteria are based on geographical proximity of a city or county to the tribal land on which the tribal casino is located. 20% for grant allocation to local cities and counties impacted by gaming operations conducted by tribes contributing to the SDF. Criteria are service oriented in nature and include law enforcement and/or district attorney costs, fire/emergency services, affordable housing, environmental impacts, water supplies and/or waste disposal, behavioral health, planning and/or adjacent land uses, public health, roads, public transportation services, solid waste management, recreation and/or youth programs, or child care programs. (The County will administer these grants and will be entitled to demonstrated administrative costs.) 30% for grant allocation to cities and counties impacted by gaming operations conducted by tribes not contributing to the SDF and for grants to state agencies impacted by tribal gaming. 10% for grants to programs designed to address gambling addiction-and state regulatory costs. · The State will contract with a neutral entity to conduct a study of gaming impacts on cities and counties within three years for submission to the Legislature. The Legislature may consider modifying the above formula(s) based on impacts demonstrated in the report. On February 25, 2003, the Riverside County Board of Supervisors passed Resolution No. 2003- 105 supporting the Indian Gaming Local Community Benefits Act. FISCAL IMPACT: None at this time. Attachment: Resolution No. 03- RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA SUPPORTING THE INDIAN GAMING LOCAL COMMUNITY BENEFITS ACT, AS DEVELOPED BY THE TRIBAL ALLIANCE OF SOVEREIGN INDIAN NATIONS' (TASIN) LOCAL GOVERNMENT COMMITTEE FOR ALLOCATING AND DISTRIBUTING THE INDIAN GAMING SPECIAL DISTRIBUTION FUND WHEREAS, as set forth in the Tribal-State Compact, the Indian Gaming Special Distribution Fund is designed to provide grants for gambling addiction programs, grants to state and local governments impacted by tribal government gaming, compensation for regulatory costs incurred by the State Gaming Agency and the State Department of Justice in connection with the implementation and administration of the Compact, payment of shortfalls in the Revenue Sharing Trust Fund, and any other purpose specified by the Legislature; and WHEREAS, in October 2002, tribes operating more than 200 machines as of September 1999 began making contributions into the Indian Gaming Special Distribution Fund; and WHEREAS, it is estimated that TASIN tribal governments will contribute more than $1 billion to the fund through 2020, an estimated 2/3rds of all payments into the Indian Gaming Special Distribution Fund; and WHEREAS, in March 2002, the Tribal Alliance of Sovereign Indian Nations (TASIN), an organization comprised of fourteen federally recognized tribes located within Riverside, San Bemardino and Santa Barbara counties, in a cooperative spirit of government-to- govemment relations to build stronger communities, invited local governments in the vicinity of TASIN tribal casinos to form and participate in the Local Government Committee to develop a plan for allocation and distributing the Indian Gaming Special Distribution Fund; and WHEREAS, TASIN and the Local Government Committee strongly believe the majority of the Indian Gaming Distribution Fund moneys should be returned to the local communities impacted by tribal government gaming; and WHEREAS, the Local Government Committee, consisting of representatives from Riverside, San Bernardino and Santa Barbara counties and more than a dozen cities, developed a plan that established a process and sets forth priorities for the distribution of funds whereby a majority of the Indian Gaming Special Distribution Fund moneys return to local communities impacted by gaming as prescribed under section 5.2 of the Tribal-State Compact and AB 1385;and WHEREAS, TASIN and Local Government Committee call upon the leadership of the Legislature to pass legislation which faithfully reflects and adopts the plan prepared by the Local Government Committee into a law to be known as the Indian Gaming Local Community Benefits Act; and WHEREAS, SB 1385, which ratified the Tribal-State Compacts in 1999, calls for the Legislature to appropriate moneys from the Indian Gaming Special Distribution Fund; and WHEREAS, in light of the current state budget cdsis, the need to allocate a majority of the Indian Gaming Special Distribution Fund to local governments impacted by tribal government gaming has become even more urgent; and NOW THEREFORE BE IT RESOLVED that the City of Temecula supports the Indian Gaming Local Community Benefits Act, as developed by the TASIN Local Government Committee, for allocating and distributing the Indian Gaming Special Distribution Fund, and urges the Legislature to pass and the Governor to sign legislation implementing the Act. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 18th day of March 2003. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 03- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 18th day of March, 2003, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNClLMEMBERS: Susan W. Jones, CMC City Clerk ITEM 7 APPROVAL CITY ATTORNEY DIRECTOR OF FINA~_.~ CITYMANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: r,~/~ William G. Hughes, Director of Public Works/City Engineer DATE: March 18, 2003 SUBJECT: Ali-Way Stop Control- Butterfield Stage Road and Channel StreetJWelton Way PREPARED BY:(~'Ali Moghadam, Senior Engineer - Traffic RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2003-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ALL-WAY STOP CONTROL AT THE INTERSECTION OF BU'I-rERFIELD STAGE ROAD AND CHANNEL STREET/VVELTON WAY BACKGROUND: Over the past few months both City of Temecula and County of Riverside staff have received several requests to consider installation of stop signs at the intersection of Butterfield Stage Road and Channel StreetJVVelton Way to reduce vehicular speeds and provide a controlled crossing during school hours. Channel Street and the east side of Butterfield Stage Road lie within the County of Riverside's jurisdiction. A Multi-Way Stop Warrant Analysis was performed for the intersection to determine if the minimum warrant criteria for the installation of an Ali-Way Stop Control is satisfied. At their meeting of February 27, 2003, the Public/Traffic Safety Commission considered the request and unanimously (5-0) approved the staff recommendation to establish an Ali-Way Stop Control at the intersection of Butterfield Stage Road and Channel Street/VVelton Way. The County of Riverside concurs with the recommendation. The County will provide a formal approval of the Ali-Way Stop Control, within a month. FISCAL IMPACT: Funds are available in Public Works Signing and Striping Account. A'I-FACHMENTS: 1. Resolution No. 2003- 2. Exhibit "A" - Location Map 3. Exhibit "B" - Public/Traffic Safety Commission Agenda Report - February 27, 2003 1 r:',.Agenda Report~003\0318~stopbuttertieldchannel reso RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ALL-WAY STOP CONTROL AT THE INTERSECTION OF BUTTERFIELD STAGE ROAD AND CHANNEL STREET/VVELTON WAY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the facts justifying the need for the stop signs proposed for the location described in this resolution. The City Council herebyflnds and determines that installation of the stop signs pursuant to this resolution will enhance the public health and safety and general welfare at this location and the proposed stbp signs will not create any adverse conditions in the area. SECTION 2. Pursuant to Section 10.12.100, oftheTemecula MunicipalCode, the following Ali-Way Stop intersection is hereby established in the City of Temecula. Butterfield Stage Road and Channel StreeVVVelton Way SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of March 2003. Jeffery E. Stone, Mayor A'I-rEST: Susan W. Jones, CMC, City Clerk 2 r:~Agenda Repod~O03\0318\stopbutterfieldchannel.reso [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2003- was duly and regularly adopted by the City Council at a regular meeting of the City Council on the 18th day of March 2003, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 3 r:~Agenda Report~003\0318\stopbuttenleldchannel.reso Exhibit "A" Channel St Welton Way -- Exhibit "B" AGENDA REPORT TO: Public/Traffic Safety Commission FROM: ~'~ Ali Moghadam, P.E., Senior Engineer, Traffic DATE: February 27, 2003 SUBJECT: Item 3 Request for Multi-Way Stop Signs - Butterfield Stage Road and Channel Street/Welton Way RECOMMENDATION: That the Public/Traffic Safety Commission recommend that the City Council and the County of Riverside Board of Supervisors adopt a resolution establishing Multi-Way Stop signs at the intersection of Butterfield Stage Road and Welton Way/Channel Street. BACKGROUND: Over the past few months both City of Temecula and County of Riverside staff have received several requests to consider installation of stop signs at the intersection of Butterfield Stage Road and Channel Street/Welton Way to reduce vehicular speeds and provide a controlled crossing during school hours. The public has been notified of the Public/Traffic Safety Commission's consideration of this issue through the agenda notification process and by mail. In April 2002, the Public/Traffic Safety Commission considered a request fi.om Kids In Danger (KID) to install traffic control devices at several locations near schools throughout the City. This intersection was one of the locations considered. The specific request received from KID was for the installation of multi-way stop signs to address heavy congestion during school "pick-up" and "drop-oW' times. At that time, it was staff's opinion that multi-way stop signs would not alleviate traffic congestion and that a full time multi-way stop control was not an appropriate device to mitigate conditions at the intersection. It was also staff's opinion that a traffic signal was a more appropriate traffic control device for the intersection. The Commission approved the staff recommendation to maintain the present level of control at the intersection and to add the intersection to the list of potential traffic signal locations for consideration during the budget review process. Butterfield Stage Road between State Route 79 and Nighthawk Pass is classified as a 76 foot wide four (4) lane Major Highway on the City's General Plan Circulation Element with two travel lanes in each direction, a raised median and a bike lane in each direction. The east half of Butterfield Stage Road lies within the County of Riverside's jurisdiction. The Average Daily Traffic (ADT) on Butterfield Stage Road is approximately 6,200 south of State Route 79 and approximately 3,200 south of Channel StreetfWelton Way. The speed limit is posted at 50 MPH on Butteffield Stage Road. However, during school hours the speed limit is posted at 25 MPH in accordance with the provisions of the Califomia Vehicle Code. 1 Welton Way is a short entry way street that functions as a residential collector street providing access from Butterfield Stage Road to numerous single-family residential units and Vail Ranch Middle School. The ADT on Welton Way is approximately 2,800. The speed limit is posted at 25 MPH on Welton Way. Welton Way functions as a Suggested Route to School providing direct access to Vail Ranch Middle School. Channel Street, located in the County of Riverside, is a residential sheet that functions as a residential collector street providing access from Butterfield Stage Road and Nighthawk Pass to numerous single-family residential units. The ADT on Channel Street is approximately 2,600. The speed limit is not posted on Channel Street. Channel Street functions as a Suggested Route to School providing direct access to Vail Ranch Middle School. In order to evaluate the need for multi-way stop signs, entering vehicular volume data was collected and accident history was reviewed for the intersection. This data along with an evaluation of other roadway conditions was used to perform a Multi-Way Stop Warrant analysis. A review of the accident history for the twelve (12) month period from Janumy 1,2002 to December 31, 2002, indicates that there were no reported collisions at this intersection. This indicates that the majority of drivers are exercising due care when traveling through the intersection. The Caltrans Traffic Manual indicates that the multi-way stop signs may be useful at locations where the volume of traffic on intersecting roads is approximately equal and/or where a combination of high speed, restricted sight distance and an accident history indicates that assignment of right-of-way is necessary. Multi- way stop signs should not be used for controlling vehicular speed. There are three (3) criteria that Caltrans has established for the evaluation of Multi-Way Stop signs. These criteria are as follows: 1. Where signals are warranted and urgently needed, the multi-way stop may be an interim measure that can be installed quickly to control traffic while arrangements are being made for the signal installations. 2. An accident problem, as indicated by five (5) or more reported accidents within a twelve (12) month period of a type susceptible to correction by a multi-way stop installation. Such accidents include fight and let,-mm collisions as well as fight-angle collisions. 3. Minimum Traffic Volumes a. The total vehicular volume entering the intersection from all approaches must average at least 500 vehicles per hour for any eight (8) hours of an average day, and b. The combined vehicular and pedestrian volume from the minor street or highway must average at least 200 units per hour for the same eight (8) hours, with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle during the maximum hour, but c. When the 85th percentile approach speed of the major sheet traffic exceeds 40 miles per hour, the minimum vehicular volume warrant is 70 percent of the above requirements. The Multi-Way Stop Warrant analysis performed for the intersection indicates that the minimum traffic volume warrant is satisfied and Multi-Way Stop signs are warranted at the intersection. The reasons that the minimum warrants are now satisfied, unlike April 2002, is that homes east of Butterfield Stage Road are now fully occupied and Channel Street has been opened between Butterfield Stage Road and Nighthawk Pass. Therefore, in order to improve the safety of students and adults when crossing Butterfield Stage Road, staffis recommending the installation of Multi-Way Stop signs at the intersection of Butterfield Stage Road and Welton Way/Channel Street. 2 Although, Multi-Way Stop signs are being recommended at this time, as an interim measure, the Public/Traffic Safety Commission can still make a recommendation that the City Council and the County Board of Supervisors include this location on the list of potential future traffic signal locations. Since Butterfield Stage Road is a major north/south arterial, which serves a developing area of the City and County, a traffic signal is still the most efficient means of providing traffic control at this intersection. FISCAL IMPACT: Funds are available in the Public Works Routine Street Maintenance Account for signing and striping. Attachment: 1. Exhibit "A" - Location Map 2. Exhibit "B" - Public/Traffic Safety Commission Meeting Minutes and Agenda Report, April 25, 2002 3. Exhibit "C" - Multi-Way Stop Warrant Analysis 3 r:\traffie~omn~a~agenda~2003~0227~buteffield stage&chanael/ajp ITEM 8 APPROVAL CITY ATTORNEY DIRECTOROF FINANC~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: . ,/City Manager/City Council // FROM: /'~.~(William G. Hughes, Director of Public Works/City Engineer DATE: Mamh 18, 2003 SUBJECT: Amendment No. 1 to Annual Citywide Routine Maintenance Contract PREPARED BY: 0')~ Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve Amendment Number 1 to the Annual Citywide Routine Maintenance Contract with Monteleone Excavating for an amount of $100,000.00 and authorize the Mayor to execute the amendment. BACKGROUND: On June 25, 2002 the City Council approved the Annuat Citywide Routine Maintenance Contract with Monteleone Excavating to provide citywide routine maintenance and construction work throughout the City in the amount of $100,000.00. This work generally ranges in costs from over $1,000 to under $25,000 and involves miscellaneous repairs to drainage areas, sidewalks, curbs, gutters, and storm drains to include excavation. Amendment No. 1 is necessary for the upcoming winter months to provide for additional storm clean-up for streets and public drainage facilities. Although we also have other contractors available under contract, some of the types of services provided by others are limited and Monteleone Excavating has been the most consistently available and responsive. The additional contractors on contract are specialized in different area's of construction and do not perform the same job tasks as Monteleone Excavating. This has resulted in their contract being exhausted sooner. The requested Amendment No. 1 to Monteleone Excavating and the original contract for a total amount of $200,000.00. FISCAL IMPACT: Adequate funds have been budgeted in the FY2002-03 Public Works Maintenance Division, Routine Street Maintenance and Drainage Facility Maintenance for the original contract amount of $100,000.00 plus Amendment No. 1 in the amount of $100,000.00 for a total contract amount of $200,000.00. ATFACHMENT: 1. Amendment No. 1 2. Agenda Report June 25, 2002 1 R:\Agenda Repor[s\2003\0318\Monteleone Amend 1 FIRST AMENDMENT TO ANNUAL MAINTENANCE CONTRACT BETWEEN CITY OF TEMECULA AND MONTELEONE EXCAVATING THIS FIRST AMENDMENT is made and entered into as of March 18, 2003 by and between the City of Temecula, a municipal corporation ("City") and MONTELEONE EXCAVATING ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 25, 2002 the City and Contractor entered into that certain agreement entitled "City of Temecula Agreement in the amount of $100,000.00 for Citywide Routine Maintenance" ("Contract"). B. The parties now desire to amend the Agreement as set forth in this Amendment. 2. Section 3 of the Agreement is hereby amended to read as follows: a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The First Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00). The maximum amount of payment under this Agreement shall not exceed the total contract amount of Two Hundred Thousand Dollars and No Cents ($200,000.00) unless a higher amount is approved by the City Council by amendment to 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. 1 R:UgAINTAIN~WKORDERSICONTRACTMASTERSI2002 2003kMONTELEONE 02-03 AMEND I.DOC IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Jeffrey E. Stone, Mayor ATTEST: BY: Susan W. Jones, CMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONTRACTOR MONTELEONE EXCAVATING 39059 Camino Hermosa Murrieta, CA 92562 (909) 677-6403 BY: Ryan Monteleone 2 R:b*dAINTAIN~WKORDERSICONTRACT MASTERSI2OO2-2OO31MONTELEONE 02 03 A)dEND I,DOC APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE C,TY NAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: ~.~illiam G. Hughes, Director of Public Works DATE: June 25, 2002 SUBJECT: Public Works Fiscal Year 2002-2003 Annual Maintenance Agreements PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve the minor annual maintenance and construction contracts for Fiscal Year 2002-2003 with: 1. Backer Engineering in an amount not to exceed $100,000.00 2. Imperial Paving Company, Inc., in an amount not to exceed $100,000.00 3. Minnesang Pest Specialists, in an amount not to exceed $100,000.00 4. Monteleone Contractors, Inc., in an amount not to exceed $100,000.00 5. Murrieta Development Co., in an amount not to exceed $100,000.00 6. NPG, Inc. (Nelson Paving & Sealing), in an amount not to exceed $100,000.00 7. Pacific West Construction, in an amount not to exceed $100,000.00 8. Rene's Commercial Management, in an amount not to exceed $100,000.00 9. Toran Development & Construction in an amount not to exceed $100,000.00 BACKGROUND: Each year the City enters into numerous mainten~=ince and constru~on agreements with vadous contractorS that perform minor (small job) maintenance and construction jobs. These jobs usually range in cost from over $1,000 to under $25,000 and involve miscellaneous repairs to .drainage areas, sidewalks, curbs, cutters, and storm drains to include excavation. Nevertheless, each · job requires an agreement between the City and the contractor. In an effort to streamline these contractual requirements, staff has taken measures to place under agreement nine (9) contractors that are very capable of perl'orming these routine jobs with little notice. Essentially, these agreements will give staff administrative tools needed to efficiently exec~ite minor maintenance and construction work by having executed agreements which satisfy insurance, prevailing wage requirements, terms and conditions as well as a general scope of work. This contracting technique is widely used by cities to employ a higher more responsive maintenance capability. Also, In the event of harsh weather that can impinge the safety of the City roadways, and other City malntainecl areas, these agreements can facilitate an expedient reaction and resolution to advise conditions without jeopardizing administrative requirements. It Is Important to understand that the not to exceed $100,000.00 amount does not necessarily mean.It will be Spent but rather is a ceiling to operate below on an as needed basis. I r:.~;iclrp~2002~0625V~ nua102-03 Malnt A~reements.AGN/aJp AIIhough some jobs may be better accomplished by one contractor because of equipment availability, timing issues and job location, every effort will be made by staff to distribute the work load evenly between the three contractors. The contractor will be responsible for providing a work proposal for each job, which must be approved by staff before any work is started. Staff mailed letters to eleven (11) contractors in the local area that could meet the described minor maintenance and construction needs. The letters requested time and material pricing for both labor and equipment rates. It also included holiday and ovemight rates. Nine (9) out of the eleven (11) contractors responded and provided competitive labor and equipment rates as seen in Exhibit "B" of each agreement. Review of these rates has determined they are consistent with current prevailing wages and Current houdy equipment rates previously paid by the City. The contractors listed below responded to ~he request for time and material rates and are recommended for not to exceed $100,000.00 agreements for a one (1)year term. ,Company Amount not to Exceed Term Walter K. Backer (dba Backer Engineering) $100,000.00 1 year Imperial Paving Company, Inc. $100,000.00 1 Year Minnesang Pest Specialists $100,000.00 I Year Monteleone Contractors, Inc. $100,000.00 I year Murrieta Development Company $100,000.00 I year NPG, Inc. (Nelson Paving & Sealing) $100,000.00 1 Year Pacific West Construction $100,000.00 I year Rene's Commercial Management $100,000.00 1 year Toran Development & Construction $100,000.00 1 year FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2002-2003 Public Work's, Maintenance Division Operating Budget for;, Drainage Facility Maintenance Account No. 001-164-60t- 5401; Routine Street Maintenance Account No. 001-164-601-5402; Old Town Repair & Maintenance Account No. 001-164-603-5212; and Other Outside Services Account No. 001-154-603-5250. A'R'ACHMENT: 1. Contractor Mailing List 2, Contracts 2 r.~agdrpt~2002~b'25Wnnua! 02-03 Matnt Agmements~,GN/aJp Contractor Mailintq List P.O. Box 890365 Temecula, CA 92589-0365 2. Del Rio Enterprise 42181 Avenida Alvarado Temecula, CA 92590 3. Cajer Equipment Rental P,O. Box 585 Temecula, CA 92593 4. Imperial Paving Co., Inc, 13555 E. Imperial Highway Whittier, CA 90605 5. Minnesang Pest Specialists 27636 Ynez Rd., L-7, #101 Temecula, CA 92591 6, Monteleone.Contractors, Inc. 39054 Camino Hermosa Murrieta, CA 92563 7. Murrieta Development 42540 Rio Nedo Temecula, CA 92590-3727 8. N P G Corporation (Nelson Paving & Sealing) P.O. Box 1515 Perris, CA 92575 g. Pacific West Construction 637 N. Emerald Dr. Vista, CA 92803 10. Rene's Commercial Management 1002 Luna Way San Jacinto, CA 92583 11. Toran Development & Construction 37110 Mesa Rd Tsmecula, CA 92592-8633 3 r.~agd rpt~2002~0625~Annual 02-03 Malnt Agmements~C-N/aJp ITEM 9 AP PROVAL/~',U~ CITY ATTORNEY DIRECTOR OF FINANC~./"~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman Parker, Director of Community Service,s~, DATE: March 18, 2003 SUBJECT: Library Grant Application PREPARED BY: ..~Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the City Council: 1. Adopt a Resolution entitled: RESOLUTION NO, 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE TEMECULA PUBLIC LIBRARY PROJECT BUDGET, LOCAL FUNDING COMMITMENT, AND SUPPLEMENTAL FUNDS AS REQUIRED UNDER THE CALIFORNIA READING AND LITERACY IMPROVEMENT AND LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000 2. Approve the grant application for the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 and authorize staff to submit the application to the Bond Act Board. 3. Approve the Library Joint Use Cooperative Agreement among the Temecula Valley Unified School District, the County of Riverside and the City of Temecula to provide programs and services that enhance the academic goals for school children in grades K through 12. DISCUSSION: In March 2000, California voters approved a statewide ballot measure entitled Proposition 14-California Reading and Literacy Improvement and Public Library Construction and Renovation Act of 2000. This competitive statewide grant program will provide 65% of all eligible construction related expenses for new libraries. In January 2002, the final grant regulations were approved by the State and available to the public. Applications for second cycle funding consideration are due on March 28, 2003. Staff has been working with the Riverside County Library staff, the Temecula Valley Unified School District (District), the architect, a grant writer and other consultants to complete the grant application and the other required documents. R:\RUSEP~AGENDAS\3-28-03 library grant app & reso-cc.doc Those library projects demonstrating a joint use with a public school district will be considered as first priority projects when the applications are evaluated. The City, County and Distdct have revised an earlier Joint Use Cooperative Agreement (Agreement) to more clearly define the joint use programs and services to be offered. The District approved the revised Agreement on March 4, 2003. The Riverside County Board of Supervisors heard and considered the Agreement, the Grant Application, and an Operating Resolution earlier today, all of which are required for inclusion in the grant application by the Bond Act. Finally, the City of Temecula as the applicant must consider and approve the Joint Use Cooperative Agreement, Grant Application and adopt a Resolution certifying the project budget, committing to the local matching funds required to complete the project and pledging to operate the facility as a public library for a period of 40 years. The City must commit to fund the ineligible expenses associated with the project and to cover any pledged donations that may not be available from private sources at the time the funding takes place. Adoption of the Resolution and approval of the grant application and Agreement are the final steps necessary to finalize the City's grant application for the Temecula Public Library. The complete package, with all supporting documents, will be delivered to the California Public Library Construction and Renovation Board prior to the second cycle deadline. FISCAL IMPACT: The grant application is seeking $8,552,414 as the 65% State Bond Act matching funds of eligible expenses for the Temecula Public Library project. The City's adjusted local 35% match is $3,964,646; of this amount, the Riverside County Library System has pledged $1,000,000 for the purchase of collections and the Friends of the Temecula Library has pledged $250,000 towards completion of the project. The supplemental costs in the amount of $1,835,316 are those costs that are ineligible for state matching funds and must be paid through other funding. The grant application provides a means to recover land costs associated with this project, making the adjusted Bond Act match $8,552,414. The City has budgeted $4,872,000 from Development Impact Fees - Library and Capital Project Reserves for this project. The City has also budgeted the pledged funds from Riverside County and the Friends of the Temecula Library in the combined amount of $1,250,000. As part of the Resolution, the City commits to fund any pledged donations that may not become available from private sources. Attachments: Resolution Library Grant Application Joint Use Cooperative Agreement R:\RUSEP~AGENDAS\3-28-03 library grant app & reso-cc.doc RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE TEMECULA PUBLIC LIBRARY PROJECT BUDGET, LOCAL FUNDING COMMITMENT, AND SUPPLEMENTAL FUNDS AS REQUIRED UNDER THE CALIFORNIA READING AND LITERACY IMPROVEMENT AND LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does find, determine and declare that: a. The California voters passed the California Reading and Literacy improvement and Library Construction and Renovation Bond Act of 2000 on March 7, 2000, which provides two-thirds funding of eligible costs of construction of new and renovated libraries in the State of California. b. Library services for the City of Temecula (City) are currently provided at a branch facility located at the City's northern boundary by the County of Riverside. c. The City has completed a Community Library Needs Assessment, which has concluded that the residents of the City, students of the Temecula Valley Unified School District and surrounding community would greatly benefit from a new and larger library facility that would be more centrally located and offer additional programs and hours of service. d. The City has acquired an adequate site located at or about the center of the City for a library site. e. The City has completed the conceptual design of a 34,000 square foot library facility and the Library Project Budget ("Budget"). f. The City commits to provide local matching funds in the amount of $4,605,146 as identified in the Budget, as required by Education Code section 19995 (a). The Budget includes and identifies an amount of $640,500 to be credited to local matching funds pursuant to Education Code section 19995 (c) and (d). g. The City commits to provide supplemental funds in the amount of $1,835,316 necessary to complete the project at the level stated in the Budget pursuant to section 20436 (e). Of this amount, $1,000,000 has been committed by the County of Riverside and $250,000 has been committed by the Friends of the Temecula Library. h. The City confirms the supplemental funds specified in the Budget in the amount of $250,000 to be provided by donation from the Friends of the Temecula Library non-profit organization and further attests that the City wilt provide these funds should the Friends not be able to meet the obligation at the time of construction. i. The City certifies the project budget contained in the Library Project Budget section contained in the Application Form and supporting documents, with an eligible funding amount of $13,157,560 and an ineligible funding amount of $1,835,316. j. The City confirms that the adjusted local matching and supplemental funds will be available and appropriated to meet the cash flow requirements for the library project. k. The City confirms the accuracy and truthfulness of all information submitted in the Application Form and the required supporting documents. I. The City commits that the facility shall be dedicated to public library direct service use for a period of 40 years following completion of the project, regardless of any operating agreements the City may have with other jurisdictions or parties. Section 2. The City Clerk shall certify to the passage and adoption of the Resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this __ day of ,2003. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the day of ,2003 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Section 20440, Appendix 1 APPLICATION FORM CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000 FUNDS Administered by the California State Library, Office of Library Construction The applicant local jurisdiction, pursuant to the Education Code, Title 1, Division 1, Part I~1, Chapter 12, Articles 1-3, sections 19985-20011 and Title 5, Division 2, Chapter 3, sections 20430.20444 of the California Code of Regulations, hereby makes application for a state matching grant for the construction or remodeling of the public library facility described herein and in all supporting documen ts: APPLICATION FORM INSTRUCTIONS: Limit comments throughout the entire form to the space provided unless otherwise stated. Single space responses, limiting type size to no smaller than 11 points if using a computer, or 12 pitch (elite) if a typewriter is used. Attachments shall not be accepted unless required by regulation or called for in the application form. Applicants shall submit a completed Application Form and six additional copies of the form. {See section 20440 for complete application submittal requirements) 1. Official Name of Project: > Temecula Public Library 2. TypeofApplicantJurisdiction: > ICtisckonsonly) [ City: ~ County: © City/County: © District: © ] 3. Grant Applicant Name: · City of Temecula Legal name of jurisdiction that will own building (For multipurpose projects, list the legal name of the jurisdictions that will own the public library portion of the multipurpose building.) 4. Authorized Official of the Applicant Jurisdiction: · Jeffrey E. Stone Mayor, Cha#person or Board of Supervisors, Head or Special District, authorized to sign the application Title: · Mayor Phone:· (909)506-5100 E-mail: · istone~,citycou ncil.orq Address: · City of Temecula, 43200 Business Park Drive, P.O. Box 9033 Temecula, CA 92589-9033 5. Project Coordinator: · Phyllis Ruse Name of individual who will have administrative control over the project for the applicant local jurisdiction Title: · Deputy Director of Community Services Phone: · (909) 694-6480 E-mail: · rusep(~,cityoftemecula.or.q Address: · City of Temecula, 43200 Business Park Drive, P.O. Box 9033 Temecula, CA 92589-9033 Version 1.3 (5~30~02) 1 6. Alternate Project Contact Person: > Aaron Adams If the project coordinator is unavailable, the contact person shall be authorized to act in the capacib/ of the project coordinator. Title: > Senior Uanagement Analyst Phone:· (909)506-5100 E-mail: > adamsa~cityoftemecula.or~ Address: > City of Temecula, 43200 Business Park Drive, P.O. Box 9033 Temecu]a, CA 92589-9033 7. Head of Planning Department: · Debbie Ubnoske (For the appftcant jurisdiction, if appftcable. Special Districts are exempt.) Title: · Directorof Planning Phone: · (909) 694-6400 E-mail: · Ubnoskeds~,,cityoftemecula.or¢~ Address: · City of Temecu]a, 43200 Business Park Drive, P.O. Box 9033 Temecula, CA 92589-9033 8. Head of Public Works or General Services Department: · Wil]ilam Hughes ff Applicable: Head of Public Works or General Services Department for the applicant jurisdiction. Special Districts are exempt. Title: · Director of Public Works Phone:· (909)694-6411 E-mail: · h u,qhesb~,cityoftemecula.orq Address: · City of Temecu]a, 43200 Business Park Drive, P.O. Box 9033 Temecula, CA 92589-9033 9. Operating Library Jurisdiction: · Riverside County Library System Legal name of ftbraty that will operate the public ftbrary. 10, Library Director Name: · Gary Christmas Public library director for the ftbrary jurisdiction that will operate the public library. Title: · County Librarian Phone:· (909)955-1111 E-mail: · .qchristm~,,co.riverside.ca.us Address: > Riverside County Library System, 4080 Lemon Street, 12th Floor Riverside, CA 92501-3651 11. Alternate Library Contact Person: > Mark Smith ff the library director is unavailable, the contact person shaft be authorized to act in the capacity of the library director. Title: > Deputy Administration Phone: · (909) 369-3003 ext. 27 E-mail: · marks~,,Issi.com Address: · Riverside County Libray System, 3392-A Durahart Street Riverside, CA 92507 12. Library Building Program Consultant: · Beverley Simmons (If applicable) Title: · Library Consultant Phone: · (805) 659-2528 E-mail: · simmons415~,aol.com Address: · 133 North Linden Drive Ventura, CA 93004-1234 Version 1.3 (5/30/02) 2 13. Technology Planning Consultant > Eon Zawadzki (If applicable) Title: > Consultant Phone: · (949)221-0432 E-rcail: · rzawadzki~konsortuml.com Address: · Konsortum 1, 17891 Sky Park Cimle #B Irvine, CA 92614 14. Project Architect: · JamesWidck License# > C15598 Providing construction budget estimate and/or conceptual plane. Title: > Principal Phone:> (949)261-1001 E-mail: > iwirick~,lapinc.com Address: > LPA, 17848 Sky Park Circle Irvine, CA 92614 15. Project Manager: · AmerAttar (If applicable) Title: > Senior Engineer Phone:· (909)694-6411 E-mail: > attara~cityoftemecula.or¢~ Address: > City of Temecula, 43200 Business Park Drive, P.O. Box 9033 Temecula, CA 92889-9033 16. Construction Manager: · (If applicable) Title: > Phone: > E-mail: > Address: > 17. Construction Cost Estimator: · John E. Mauk (If applicable) Title: · Estimating Manager Phone: > (949) 476-2094 E-mail: > imauk~ocmi.com Address: > O'Connor Construction, 19600 Fairchild #300 Irvine, CA 92612 18, Hazardous Materials Consultant: · N/A (if applicable) Title: · Phone: · E-mail: · Address: · 19. Project Interior Designer: · Chris Lentz (If applicable) Title: · Associate Phone: · (949) 261-1001 E-mail: · clentz~lpainc.com Address: · LPA, 17848 Sky Park Circle Irvine, CA 92614 Version 1.3 (5/30/02) 3 TYPE OF PROJECT New Public Library Building Gross Total Project Square Footage 1. Construction of a New Public Library Building · 34,000 SF 2. Conversion of an Existing Building into a New Public Library Building · 0 SF 3. Conversion and Expansion of an Existing Building into a New Public Library · SF (Include both new & remodeled square footage.) Gross Square Footaqe Remodeling: · 0 SF Expansion: > 0 SF Priority: [] First Priority "Joint Use" [] Co-Location Joint Use [] Joint Venture Joint Use [] Computer Center [] Shared Electronic/Telecommunications [] Family Literacy Center [] Subject Specialty Center [] Homework Center [] Career Center [] Other similar collaborative library services with direct benefit to K-12 students Specify: · [] Second Priority "All Others" Existing Public Library Building Gross Total Proiect Square Footage 4. Remodeling an Existing Public Library Building · 0 SF 5. Remodeling and Expansion of an Existing Public Library Building > SF (Include both new & remodeled square footage.) Gross Square Foota.qe Remodeling: > 0 SF Expansion: · 0 SF [] First Priority A public library project in the attendance area of a public school that has inadequate infrastructure to support access to computers and other educational technology. "Inadequate infrastructure" is defined as an incoming telecommunication connection to a school building of equal to or less than 512 thousand bits per second (512K bps) Name of Public School: > [] Second Priority "All Others" Field Act Applicability (Joint use projects only) the project subject to the Field Act? · / YES 0 NO ~) ! 6. Is L J Version 1.3 (5~30~02) 4 Multipurpose Buildings (Multipurpose Building Projects Only) Is the project aMultipurpose Building? > lYES C) NO ~ ~ (A multipurpose building is a multi-occupant facility, part of which is a public library and part of which is used for other purposes.) Types of Multipurpose Building Uses & Square Footage Allocations [ Space Use SO FT % _.J 1. Dedicated to Public Library Use > SF 0 (Including Public Library/School Librery Use, if Joint Use Project) Line r SF divided by (Line r SF + Line 3 SF) 2. Dedicated to "Other" Uses SQ FT A. Specify > SF B. Specify > SF C. Specify · SF D. Specify > SF E. Specify > SF F. Specify · SF G. Specify > SF H, Specify · SF 3. Subtotal: Dedicated to"Other" Uses · 0 SF 0 Add Lines 2A SF Line a SF dlvld~d by thru 2H $fl (Line 1 $F + Line 3 SI~ 4. Common Areasl 5. Subtotal: Total of Common AreasI > SF Must equal Line 6 SF + Line ? SF SQ FT 6. Public Library Pro Rata Share of Common Areas~ · 0 SF Line 5 SF x % in Line f 7. "Other" Uses Pro Rata Share of Common Areas~ · 0 SF Line 5 SF x % in Line 3 8. TOTAL MULTIPURPOSE BUILDING SQUARE FOOTAGE ·0 SF Add Lines ISF, 3 SF, '~ 5 SF 9. SF ATTRIBUTABLE TO PUBLIC LIBRARY USE · 0 SF Line I $F + Line 6 SF ~ "Common Areas" are those areas ora multi-occupant building that are shared by ali occupants, such as lobbies, veslibules, mechanical rooms, restrooms, custodiat areas, delivery, shipping and receiving areas, loading docks, kitchenettes, auditoriums, meeting rooms, conference rooms, and storage areas that are used by aJJ par~ies ora multipurpose building. Version 1.3 (5/30/02) 5 IPopulation Growth When providing the 1980, 2000, and 2020 population figures below, the applicant shall count only those residents: (a) Within the official boundaries of the applicant jurisdiction, and (b) Within the service aroa of the proposed project, but (c) Exclude all people living within the boundaries of other special district, county, or city public library service areas, for which thero is no public library service contract with the applicant. All Projects: 1. Public library project's service area 1980 population: > 1,783 2. Source: · California Department of Finance 3. Population Percentage Change from 1980 to 2000: > 3137% 4. Public library project's service area 2000 population: > 57,716 5. Source: · U.S. Census Bureau, Census 2000 6. Population Percentage Change from 2000 to 2020: > 43% 7. Public library project's service area 202O population: > 82,536 8. Soume: ·Southem California Association of Governments (SCAG) Joint Use Projects (Both Co-location & Joint Venture Projects): 9. Project's public school attendance area(s) 1980 student population: > 500 10. Source: > Temecula Valley Unified School District 11. Population Percentage Change from 1980 to 2000: > 3700% 12. Project's public school attendance area(s) 2000 student population: · 19,000 13. Source: > Temecula Valley Unified School District 14. Population Percentage Change from 2000 to 2020: > 100% 15. Project's public school attendance area(s) 202O student population: > 38,000 16. Source: > Temecula Valley Unified School District Version 1.3 (5/30/02) 6 IExisting Library Facility Square Footage Existing Public Library: 1. The current gross square footage of the existing public library(s) being replaced is: > 0SF If no existing public tibraty facitity, enter "0. Existing School Library: (Co-located Projects Only) 2. Thecurrentgrosssquarefootageoftheexistingschooll[brary(s)beingreplacedis: > 0 SF ff no existing school tibraq/ facility, enter "0. I Library Facilities Master Plan Descdbe the relationship of the proposed project to other existing or planned library facilities for the jurisdiction. The proposed Temecula Public Library is an essential part of the County Library's plan to provide library services in a rapidly growing area. Riverside County has adopted the County of Riverside Comprehensive Mitigation Fee Review ("Report"), which presents the rationale for the construction of new libraries based on population growth, identifies locations for the new facilities, and describes the purpose and use of a library mitigation fee assessed on all new residiential development within the County. The facilities list, which is part of the Report, identifies the locations where buildings and collections need to be expanded, constructed or pumhased to meet increase library demand. A 16,000 square foot County branch library located just within Temecula's northem-most boundary is the busiest library in the County system, handling the reference support function for the entire region. An additional 69,200 square feet of library facilities is distributed throughout the Western Riverside County region. However, these other facilities are at some distance from Temecula, making it difficult for many Temecula library patrons to access needed library services. The proposed Temecula Public Library will not replace but rather augment the services provided by the smaller branch, and together, the two facilties will greatly advance the County's goal of providing outstanding facilities and services in this region. The County branch provides approximately .2 square feet of library space per capita based on current City population, not to mention the greater County population demands. The new facility will meet the City's goal of .5 square feet of library space per capita and greatly enhance the County's per capita service, as well. Riverside County is one of the fastest growing counties in the State of California and in 2001, the City of Temecula was the second fastest growing city in the state. These growth patterns are predicted to continue well into the 21st century. The Report forecasts the need for an additional 75,000 square feet of library facilities to meet the needs of the future residents who will be moving to the area. The new Temecula Public Library is the linchpin to the County's plan for meeting the additional demand for library facilities and services within the region. After incorporation, the City conducted a Development Impact Fee (DIF) study and adopted a new library mitigation fee. The new fee is designed to mitigate the impact of City residential growth and development on library facilities and services. The fee is set at a level that maintains current levels of service, with an annual inflation factor to help ensure that the fees do not fall below the cost of providing appropriate library facilities and services. The funds collected by the City for DIF Library Facilities are currently budgeted as part of the City's matching funds toward the State Bond Grant for construction of the Temecula Public Library. The proposed Temecula Public Library will integrate advanced technologies in keeping with the City's commitment to become and remain a technology hub within southern California. The new facility will be equipped with a T-3 line for high speed Intemet access, prepared for secured video conferencing, and equipped for wireless computer operation throughout the building. Voice and data will be converged using an IP network environment. The T-3 line will also provide web-casting opportunities for remote learning in the facility. The City values community partnerships and will pursue innovative ways to implement state-of-the-art instructional and research methods to enhance the lives of our residents and businesses. As our population continues its unprecedented growth, the City is committed to meeting the informational, educational and technological needs of our residents now and into the future. Version 1.3 (5/30/02) 7 Age of the Existing Library Facility See Definition of "Existing Public Library," section 20430. All Projects 1. When was the existing public library building(s) that will be replaced or improved built? > N/A Year If no existing public library facility, enter "N/A" If proposed project will replace more than one building, list the oldest of the buildings. Co-Located Joint Use Proiects Only In addition to the information listed above: 2. When was the existing school library building(s) that will be replaced or improved built? > N/A Year If no existing school library facility, enter "N / A " If preposed project will replace more than one building, list the oldest of the buildings. [Condition of the Existing Library Facility ] See Definition of "Existing Public Library," section 20430. All Projects 3. When was the most recent structural1 renovation or expansion of the existing public library building(s) that is to be replaced or improved by the proposed project? > N/A Year If no existing public library facility, enter "N / A" If preposed preject will replace more than one building, list the oldest of the buildings. Co-Located Proiects Only In addition to the information listed above: 4. When was the most recent structural1 renovation or expansion of the existing school library building(s) that is to be replaced or improved by the proposed project? > N/A Year If no existing school lJbrary facility, enter "N / A" If preposed project will replace more than one building, list the oldest of the buildings. ~ Pe~aining to the load bearing elements of the building Version 1.3 (5/30/02) 8 Ownership and Availability Site 1. Is the library site currently owned by the applicant? lYes (~) No 2. Will the library site be owned by the applicant? [Yes ~) No © 3. Will the library site be leased by the applicant? [Yes © No ~ ] 4. If the library site will be leased, provide the name of the owner: > N/A 5. Was the site acquired with funds from the "Class Size Reduction Kindergarten-University Public Education Facilities Bond Act of1998"? [Yes © No ~ ] [See Education Code section 19995(c)] 6. Is the site currently dedicated to the operation of a public library? [ Yes © No Building ( =nr Converaion Projects Only) 7. Is the building to be converted currently owned by the applicant? I Yes © No 8, Will the building be owned by the applicant? [Yes © No © ] Title Considerations Site 9. Are there any exceptions to marketable record title? [ Yes ~ No © Building orCo. vorsio. PrejectsOnly) 10. Are there any exceptions to marketable record title? [Yes O No © ] Appraisal (No appraisal is required if the value of the land or building will not be claimed as an eligible project cost or a local matching fund credit.) Site 11, What is the appraised value of the library site? > $ 575,000 (or library portion of site, if multipurpose project) 12, Does the appraiser have a State Certified General Real Estate Appraiser's License? [ Yes (~) No © Building (ForConveraionProjectsOnly) 13. What is the appraised value of the building? > $ (or library portion of site, if multipurpose project) 14. Does the appraiser have a State Certified General Real Estate Appraiser's License? I Yes © No © Version 1.3 (5/30/O2) 9 ISite Use Potential Accessibility Describe the accessibility of the proposed site for the residents in the library service area: Equal Access Discuss the site's accessibility to all parts of the library service area and its location in relationship to the geographic center of the library service area. Discuss any natural and artificial barriers that may impede access to the site. The site for the proposed Temecula Public Library is ideally located in the geographical center of the City/Library Service Area. t is also centrally located within the educational and recreational "heart" of the City, near several schools, the Rancho California ~ports Park and the Community Recreation Center, which also houses the City's Teen Center. A comprehensive school complex ncluding Temecula Valley High School, Rancho Vista High School and the Temecula Valley Unified School District administrative ffice are all within a one-mile radius with easy, safe walking access. The Library's proposed location provides easy vehicular and bicycle access to the site from anywhere within the City. Motorized ehicle and bicycle parking in excess of Building Code requirements is provided on site and within 500 feet of the library entrance. =auba Road, which fronts the library site, will be widened to its ultimate width of four lanes, including a dedicated left turn lane, ~dor to library construction to enhance library access. The library design takes advantage of its linear site, by incorporating an qistorical Timeline Promenade through the center of the parking lot. The Timeline tells the rich history of the Temecula Valley and bllows the school district's curriculum. A school bus drop off and parking area at the far end of the parking lot invites students, :eachers and other patrons to engage in a learning experience pdor to actually entering the library. Access for disabled library users will be provided by disabled parking spaces at the entrance. Disabled patrons may also ~ccess the entrance from additional disabled parking spaces in the main parking area along the Timeline Promenade, which 2rovides a safe path of travel. Curb cuts in the sidewalk on either side of the parking lot driveway provide appropriate disabled and ~on-disabled pedestrian access. Bial-a-Ride services through Riverside Transit Agency provide additional access to the library for :lisabled persons and senior citizens. Public Transit Access ~ Number of public transit stops located within 1/4 mile of site: > 0 If public transit is available in the library service area, descdbe the vadous public transit access opportunities for the site. If no public transit is available in the library service area, enter "No Public Transit Service." The Riverside Transit Agency (RTA) service area spans 2,500 square miles, making it the second largest service area of any transit company in the United States. RTA provides the only public transit services available in Temecula and the surrounding area. A though the Cty and County are act ve y seek ng to draw h gh speed ra or other forms of mass transit into the area, it simply does not exist at this time. This makes the three bus routes serving the City of Temecula and the library service area all the more critical in our community. Bus service is supplemented and enhanced for senior citizens and disabled persons through the Dial-a-Ride program, also provided by RTA. The three existing bus routes currently converge at County Center Drive, where the Riverside County Library Temecula Branch s located, providing opportunities for transfers to other lines. This allows public transit users from all over the City of Temecula and the library service area to access the existing County branch library. RTA is aware of the City's plans to build the new Temecula Public Library on Pauba Road and has confirmed its commitment to add and/or re-route bus routes to provide service to the site prior to the Library opening. The added or reconfigured route will still be accessible from each of the other routes through transfers. The new stop will be on the street adjacent to the library driveway. The supporting documents for this application contain a letter from the RTA confirming its commitment to provide bus services to Ihe site. The public transit map provided as a supporting document for this application depicits the existing three routes currently serving lhe City of Temecula. The map also shows the school sites that are served by the bus routes, providing public transit to the Library 'or students. In addition, as a part of the Cooperative Joint Use Agreement, the School Distdct will bus students to the site for field trips, ~rograms, and special events. Version 1.3 (5/30/02) 10 Pedestrian & Bicycle Access Describe other access opportunities such as pedestrian walkways and bicycle paths. Discuss plans for amount and location of bicycle parking, including local ordinance requirements. The proposed Temecula Public Library sits atop a slope overlooking the Rancho California Sports Park and the Community ~ecreation Center, a 26,000 square foot facility that houses, among other activities, the City's Teen Center. The site is within a ~ne-mile radius of three public schools, a private K-12 school, and the Temecula Valley Unified School District Administrative ::)ffice, all within easy and safe walking distance. In addition, the library site is within a two-mile radius of six additional public schools and within a three-mile radius of seven public schools. The site is surrounded by residential development. Situated mid-block between two major traffic intersections, the site has sidewalk from both directions, providing pedestrian access. The City of Temecula has recently adopted a Multi-Use Trails and E~ikeway Master Plan, which provides for Class II Bike Lanes on most major streets. Specifically, the three streets closest to the site, Margarita Road, Ynez Road and Rancho Vista Road are currently striped and signed as Class II Bike Lanes, providing bicycle access to the library site. In addition, Pauba Road, adjacent to the Library site, is programmed for Class II Bike Lanes, and will be ncluded as part of the Pauba Road street improvements to be completed in conjunction with the library project. ]-he City's Development Code Sect[on 17.24 requires one bicycle space for every 20 vehicle parking spaces. The proposed library 31an exceeds this requirement by more than two and one-half times through the provision of 12 bicycle parking spaces. The ~dditional bike racks are included because of the close proximity of the library to so many schools and residential homes. The bike 'acks will be located in the plaza area near the front door of the library. Automobile Access Descdbe the site's accessibility by automobile for residents of the library service area. Take into consideration traffic, traffic systems, and availability of curb cuts. The library site is surrounded by major streets, providing vehicular access to the site from all areas within the City: Ynez Road to the west is a 134-foot, 6 lane urban arterial; Margarita Road to the east is a 11 O-foot, 4 lane arterial; and Rancho Vista Road to the north is an 88-foot major collector street. Pauba Road is a major connector street. It will be widened to its ultimate width of 64 feet, with 4 lanes and a Jedicated left turn lane at the Library parking lot entrance. The road improvement project is funded in the City's Capital Improvement Program. Ifthe library is not built, the road improvements are unnecessary. However, the library will :raate additional traffic and the City is committed to completion of the road improvements prior to the libary opening to 3ccommodate the additional trips generated. The driveway will act as one curb cut for vehicular access into the parking lot. Two additional curb cuts from the right. :f-way provide off-site pedestrian access to the site. On-site, one curb cut allows pedestrian access onto the Timeline :romenade in front of the Library, and a final curb cut provides access away from the Timeline and into the library. School bus parking is accommodated on-site at a dedicated bus parking arc. This allows safe disembarking for ~.hildren onto the historic Timeline Promenade (learning begins before entering the library), or during inclement weather, :hildren may disembark at the front door and the bus will continue to the bus parking location. Public bus service, with a stop adjacent to the library driveway, will provide additional public vehicular access to the facility. Temecula is situated along either side of Interstate 15, with an Interstate 215 intersection two miles north of the City 3oundary. Highway 79 bounds the City to the north and south. The highway and surface street system allows easy access to the library site from within the City, as well as from other Riverside County locations. Proximity to Maior Thorouqhfares List the major arterial routes in the library service area with the most recent traffic counts (number of vehicles per day): Number of Blocks Traffic Count Street Name from Site Count Date 1. > Pauba Road east of Ynez Road 4 11,218 08/20/02 2. > Pauba Road west of Margarita Road 2 7,878 08120102 3. > Margarita Road south of Rancho Vista Road 1 17,540 08120/02 4. > Ynez Road south of Rancho California Road 5 29,068 08/20/02 Version 1.3 (5/30/02) 11 Library Automobile Parking 1. Number of library parking spaces available off street, on library site ........................ > 135 spaces 2. Number of library parking spaces available off street, off library site ........................ > 0 spaces (within 500 feet of front door) 3. Number of parking spaces available on street ..................................................... > 0 spaces (within 500 feet of front door) 4. Total Number of Spaces Available for Library Parking .......................................... > 135 spaces Zoning Requirements 5. Number of on-site library parking spaces required by local zoning .......................... > 113 spaces ..................... >[Yes 0 No ~ ] 6. was a zoning variance or waiver obtained for the project for parking? 7. If so, by how many spaces were the parking requirements reduced? ...................... > spaces 8. Provide number of square feet per parking space as required by local zoning .......... > 220 SF 9. If no local zoning requirement, provide the average number of square feet per parking space used in the project calculations .................................................. > SF Automobile Parking to Building Square Footage Ratio # of Square Feet of Parking > 45,897 SF 10. Calculate: = = 1.35 SF of Parking / 1 SF of Building # of Square Feet of Building > 34,000 SF Library Bicycle Parking 11. Total Number of Spaces Available for on-site Library Bicycle Parking ..................... > 18, spaces Version 1.3 (5/30/02) 12 Parking Rationale Describe the rationale behind the amount of parking that will be available for the project, including: (1) the location of the automobile parking (on-site or off-site), both within and beyond 500 feet of the library entrance; (2) local zoning requirements; (3) the availability of public transportation; (4) bicycle parking and bicycle and pedestrian paths; and (5) any other considerations impacting automobile parking requirements including, but not limited to, parking partnerships with shared use agreements. Parking for library patrons is provided on the site to the immediate west of the building entrance. All on-site parking is within ~00 feet of the library entrance. The local zoning ordinance for public buildings requires 1 parking space per 300 square feet. With ~35 parking spaces, the library design exceeds this requirement by 22 spaces. The rationale for the additional parking is based on :he lack of on-street parking along Pauba Road or other parking opportunities within 500 feet of the facility. Additional overt]ow }arking is available at the fire station to the immediate east of the library and at the Rancho California Sports Park to the north of :he library. Since ample parking for normal library services is provided on the site, the overflow parking will only be necessary in the .=vent of a large public gathering at the library. In the event the City chose to expand the building, the additional 22 parking spaces Nould accommodate the additional improvements. Parking was a critical consideration in the design process. As in many other southern California communities, Temecula has a arge population of residents who use their cars daily to commute to jobs, shopping, schools, and recreational activities. Providing 'hole than adequate on-site parking was a major goal for the design committee. Using the long linear configuration of the site, the design turns what could have been a constraint into a unique opportunity to ;reate an inviting Timeline Promenade where visitors stroll through decorative arbors and flowering trees. The Timeline =romenade tells the long and rich heritage of the community, following the school district's curriculum for local history. Parking is Jistdbuted along the Promenade Timeline, enticing patrons to follow the many interesting exhibits that tell the story of our past and ead them into our future which lies ahead in the library. As school children and other patrons joumey along this path, their maginations will already be sparked prior to entering the library, where exploration and discovery will continue. School buses are accommodated in the on-site parking. The buses will park at the bus parking arc while disembarking children }nto the historic Timeline Promenade or, dudng inclement weather, children may disembark at the front door and the bus may ,'ontinue to the bus parking location. A public transit bus stop will accommodate Riverside Transit Agency (RTA) buses on Pauba Road at the library driveway. ETA las confirmed that a bus stop will be installed and operational at the library in conjunction with its opening. Situated between two major intersections, the site has sidewalks from all directions, providing pedestrian pathways from adjacent streets. Bicycle parking is accommodated in the plaza area in front of the library entrance. The City's Development Code 'equires one bicycle space for every 20-vehicle parking spaces, which equates to 7 bicycle parking spaces. The proposed library ~lan provides for 18 bike racks, exceeding the requirement by more than two and one-half times. The addition bicycle parking spaces are provided due to the close proximity of the library to so many schools and residential homes. Visibility Descdbe how visible and prominent the public library building will be within the library service area. The selected site provides a distinct opportunity for the Temecula Public Library to become a focal point within the community. -}et on a hillside overlooking the Rancho California Sports Park (RCSP) and the Community Recreation Center (CRC), the library :akes advantage of one of the finest vistas within the City; commanding a dominant visual presence from the valley below. .gonstruction of the CRC, including teen center, ampitheater, gymnasium, pool and multi-purpose rooms, was a major rallying point :or City incorporation; everyone in Temecula knows where these community amenites are located. The sports fields and skate }ark within the RCSP accommodate all sports leagues. Sitting atop the slope overlooking these facilities, the library completes a vital public facility synergy and is the perfect site for the Temecula Public Library. Virtually everyone comes to the RCSP/CRC to ,~njoy the hundreds of special events and activities offered each year. It is the main gathering place in the City for cultural, 'ecreational and athletic events. With development to the south and the widening of the road to accommodate increased traffic, Pauba Road wilt become an even Ireater east-west axis throughout Temecula and act as a conduit to bdng people to the Library site. Sitting atop a plateau, the .ibrary will create striking views for approaching visitors. Placing the library at the peak of Pauba Road, guarantees its visual prominence; Iocatin~ it within the RCSP/CRC complex, assures its community access. Version 1.3 (5/30/02) 13 Community Context & Planning Describe the proximity of the proposed site to other facilities and areas of the community, and how that proximity enhances the use of the library by the residents in the library service area, Describe the appropriateness of the proposed site inc[udin§ whether the proposed library project will contribute to the establishment, redevelopment, or revitalization of a community or downtown core, business district, or neighborhood. Describe how the proposed library is connected to other uses, including public use facilities, by a full range of transportation and pedestrian options. The library will be located in the geographical center of the City of Temecula. Adjacent to the library site, the Rancho California Sports Park is the most heavily used park in the City's large park system. Hosting a variety of sports and major special events, such as the 4th of July celebration and fireworks display, the park is known to everyone and is already the central gathering place :or the community. As a component to the sports park, the 26,000 square foot Community Recreation Center (CRC) is home to :he City's teen center, swimming pool complex, indoor gymnasium, amphitheatre, and community meeting rooms. Already familiar ~vith the area, people will naturally gravitate to the new library location on their way to activities at the CRC, sports park, or when shopping throughout the City. Across Margarita Road, the Temecula Valley High School, Rancho Vista Continuation High School and Temecula Valley Unified School District office will draw students and staffto the library. Two additional public elementary schools, five private schools and ~ neighborhood shopping center are within one mile of the site. The Riverside Transit Agency provides public transit in the City :hrough three bus routes and the Dial-a-Ride program. RTA has confirmed its commitment to service a new bus stop adjacent to :he Library upon its opening. As shown on the bus route map, bus service accomodates most district schools, shopping and 3usiness centers. Class II bike lanes on major roads and neighborhood collector streets present an alternate method of :ransportation to the site for bicyclists. Older, established residential areas are to the north, east and west of the site. Residential development continues to the mmediate south of the site, as well as other parts of the City. The site's location near homes, schools, shopping and good access *oads makes it readily accessible to residents and students. With conintued growth, the Library will act as a beacon, establishing ~nd solidifying a sense of community identity. The library will become one of the major neighborhood gathering places where }eople meet and interact, providing many opportunities for people to come together to gain knowledge, solve community problems, ]nd share visions for the future. Site Selection Process Describe the site selection process including community and planning department involvement, consultant assistance, as well as any other pertinent activities associated with determining the best site for the library project. The site selection process involved the community, the City Council, City staff, and the Library Design Committee. Nine sites t~ere studied as potential locations; they varied in size, cost and location within the Temecula area. The principal selection 'equirements balanced the need to create a more central, convenient location for as many residents as possible, with adding the east amount of financial burden on the City's finances. Each site was photographed, documented, and studied schematically with rough building and parking placement. The sites Nere presented to the Library Design Committee, the Community Services Commission, and to the City Council. The nine sites were reduced to three after much analysis and discussion. The decision to eliminate certain sites was based }rimarily on cost, anticipated site development problems, and lack of visual prominence within the community. The early favorite soon became the selected site on Pauba Road. It is centrally located near several public and private schools, ~s well as the Temecula Valley Unified School District Administrative Office. Adjacent to the Rancho California Sports Park and :he Community Recreation Center where most of the recreational activities within the City take place, it is also in the heart of both .~xisting and planned housing developments and within one-half mile of a neighborhood shopping center. The site is striking; it incorporates a magnificent hillside location and the direct northern vista across the valley is,without a Joubt, one of the finest in the City. There is easy access to the site from anywhere in town or from outside the community via an ,~xtensive highway system. Finally, the City was already in possession of the property. The funds saved on purchase of a new site can rather be )rogrammed into the building, collections and services the Library will offer to the residents. These three factors led to community support for and a unanimous and enthusiastic selection by the City Council of the Pauba Road property for the new Temecula Public Library. Version 1.3 (5/30/02) 14 Site Selection Summary Deschbe why the proposed site was selected and why it is the best available location for the proposed public library project. If there are problems with the proposed site, are there mitigating circumstances that lessen the negative impact of the problem or problems? Descdbe any proposed design solutions that may moderate the site's drawbacks. *]-he proposed library site was selected after much analysis and discussion with the Library Design Committee, comprised of community members, Council Members, a Community Services Commissioner, County representatives, School District staff, Library staff, and City staff. The site was unanimously accepted by the community and the City Council at a public meeting. The site was selected because of its central location within the City, its proximity to schools, residential neighborhoods and recreational facilities, easy access from major streets and intersections, adequate parcel size, and striking views. Because the City owned the property, funds that otherwise would have been used for purchase of another site could be programmed into the development of the selected site. The dramatic nature of the selected site for the Temecula Public Library provided many design challenges and opportunities. The opportunities came in the form of a dramatic, linear site with a direct and prominent northem exposure, a centralized location and an extremely visible hillside location with views to and from the entire Temecula Valley. The challenges came in the form of topography, infrastructure, and the narrow width of the site. All of these challenges resulted in a better and stronger design solution and the creation of a stdking design statement. To mitigate the steepness of the hillside, the facility was integrated into the topography as much as possible. This created many design opportunities and also enabled the facility to become part of the hillside rather than an object sitting atop it. The concept of a building which grows from the hillside became the defining goal of the project. This was achieved through a limited amount of grading to preserve the natural nature of the hillside and to reduce construction cost. The site itself was then lowered to gain level access from Pauba Road, while eliminating the need for many costly retaining walls. The minimal retaining walls that remained were clad in indigenous stacked granite to appear as natural as possible, further minimizing the impact of the building on the hillside. The result is a building that appears stable and comfortable as it rests within the hillside. Eliminating the need for expensive hillside grading and lengthy retaining walls also helped reduce the cost of the project. An initial concem about the width of Pauba Road and vehicular access to the site was mitigated through an agreement to widen Pauba Road and add a left turn lane onto the site. Not only will this alleviate potential traffic problems, but it will also serve to increase the use of Pauba Road, creating a stronger east to west arterial and providing the library with even greater visibility. The building itself optimizes north views and light by stretching along the east west axis. An enclosed reading porch and staff work areas all will front the dramatic north face of the building. The library is situated adjacent to Fire Station No. 84, which serves as the City's Emergency Operations Center (EOC) in case of a disaster or other emergency. The Community Recreation Center at the base of the Library's slope is the City's secondary EQC facility. In the even of an EOC occurrence, the Library, with its large meeting spaces and state-of-the*art technology resources, will be a great asset to the EOC activities. The narrow nature of the site was probably the biggest initial concern and resulted in the project's greatest attribute. The major existing buildable area on the linear site exists to the east. The building was placed on this portion of the property to minimize expensive grading and lengthy retaining walls. This created a long, narrow parking condition, which led to an intriguing and contextually relevant design solution: the west end of the site is the beginning of an historical Timeline Promenade, complete with tree-shaded arbors, leading visitors to the entry of the library. The Timeline Promenade will become a learning tool for the community, featuring fables, stories and historical facts from Temecula's abundant past. The history revealed along the timeline augments the third and fourth grade school curricula. In a community that is experiencing tremendous growth and change, this design element will help to reinforce and educate residents about those who came to this area and made it their home hundreds of years ago. It will relate their stories, their hardships, their hopes and dreams. It will tell of our history, heritage and legacy, helping to define and preserve our community character even as we continue to explore and create our future. Version 1.3 (5/30/02) '~ 5 ISite Description Size The total square footage of the library site should equal the square footage shown in 1 through 8 below: All Projects (Except Multipurpose Buildings) Square Footaqe 1. Proposed Library Building Footprint~ > 34,000 SF 2. Proposed Library Surface Parking Lot > 45,897 SF 3. Proposed Library Parking Structure Footprint~ > 0 SF 4. Future Library Building Expansion Footprint~ > 41,000 SF 5. Future Library Parking Expansion > 0 SF 6. Required Local Zoning Set-Backs > 8,500 SF 7. Desired Aesthetic Set-Backs & Amenities > 27,519 SF 8. Miscellaneous & Unusable Space > 54,988 SF 9. Total Square Footage of Library Project Site > 211,904 SF 10. Proposed Under-Building Parking > 0 SF ~ "Footprint" means the square footage of surface area of the site that a building or structure occupies. For example, a single story ro, ooo square foot building would have a t0,000 square foot footprint, but a ~wo-story fO, O00 square foot building with 5,000 square feet on each level would have a footprint or 5,000 square feet. Multipurpose Building Projects Only A B C D Library~ Library Portion Other3 Other3 Dedicated of Common Common Dedicated SQ FT SQ FT SQ FT SQ FT 1. Proposed Building 2. Proposed Surface Parking Lot > 3. Proposed Parking Structure > 4. Future Building Expansion > 5. Future Parking Expansion > 6. Required Local Zoning Set-Backs > 7. Desired Aesthetic Set-Backs & Amenities > 8. Miscellaneous & Unusable Space > 9. Total Square Footage of Multipurpose Project Site 10. Proposed Under-Building Parking > 2 Libraq/means that portion of the project that provides space for the delivery and support of public library direct services, includin~ joint use schoollibrary services (co-tecation or joint venture). ~ "Other"uses means any other space that does not provide for the delivery and support of public library direct services. Version 1.3 (5/30/02) 16 Zoning Classification 1. What is the current zoning crassification of the site? > Public/Institutional 2. Will the site have to be rezoned to build the project? lYes © No Variance or Waiver 3. Will a zoning variance or waiver be needed to build the project? IYes O NO 4. If so, list the date the variance or waiver has been or will be granted: > (Date) Permits & Fees Permit & Fees Identification Provide a list of any site permits or fees that have been or will need to be obtained: Date Obtained or Permit or Fee Cost of Permit or Fee will be Obtained 5. > Grading Permit $ 0 06/01/04 6. > Building Permit $ 0 06/01/04 7. > Sewer Connection Fee $ 67,310 10/01/04 8. > Water Meter inspection Fee $ 15,000 10/01/04 Drainage 9. Is the site in the l00-Year FIood Plain? lYes © No ~) I 10. Do any watemourses that require control drain onto the site? I Yes O No (~) I 11. Doanywatercoursesthatrequirecontroldrainoffthesite? ITM O No (~) I 12. IS the storm sewer system currently adequate to prevent localized flooding of the site? I Yes ~) No © I Describe any necessary mitigation measures regarding drainage. There is currently no storm sewer system in place on the north side of Pauba Road. The City of Temecula has approved plans of Pauba Road from Margarita Road west to Showalter Road, which includes the library site frontage. ]'he project is fully funded and is in the City's five year Capital Improvement Program for fiscal year 2003/04. The Pauba Road mprovements will provide two lanes of travel in each direction and a center lane for left hand turn movements. Storm drains will Iso be installed as part of the Pauba Road improvement project. The Pauba Road improvement project will be completed prior to with the library construction project. Therefore, an adequate storm sewer system will be in place to mitigate any impacts and prevent localized flooding of the site. Version 1.3 (5/30/02) 17 California Environmental Quality Act (CEQA) CEQA Litigation Are there any unresolved legal actions pending against the project regarding CEQA compliance? If so, provide the case name, court number, and a brief explanation. l'here are no unresolved legal actions pending against this project. Energy Conservation Descdbe what measures (include building design, solar orientation, materials, mechanical systems, natural ambient lighting, etc.) are planned to reduce energy consumption and operating costs for the library. The desJgn for the Temecula Public Library creates an intelligent, efficient facility that optimizes the benefits of its northern ~rientation and the linear nature of the site. The northem orientation allows the maximization of good northern daylight, with the argest face of the structure oriented to the north. A linear light "monitor" allows diffused natural light to filter into the interior ~=paces. The monitor serves as the main circulation and organizing element within the facility. The monitor permits the interior .lectric lighting to turn off automatically when there is enough natural light present, thereby significantly reducing energy costs. The Project Team reviewed the mechanical and electrical systems with the local utility provider's energy conservation team. The project's overall lighting plan is 20% more efficient than Title 24 requirements. The utility provider's review of the mechanical systems has led to upgraded HVAC units that will also exceed Title 24 requirements. Overall, the local utitlity provider found the ~roposed systems within the library to be excellent in energy conservation, without increasing the upfront costs substantially or *equiring a significantly long payback. The materials used throughout the facility feature natural materials wherever possible, to reduce maintenance and replacement :osts. indigenous stone and natural metals add to the overall simplicity and efficiency of the facility. Wherever possible, recycled and recyclable products are being used. Careful site planning will lead to the preservation of much of the natural slope and existing landscape. The wise use of drought :olerant and drought resistant plant palettes will help conserve a natural resoume that is very limited in our southern, desert-like ~nvirenment. The Temecula Public Library has been well thought-out and designed with cost efficiency and conservation in mind. It is our oal that this facility wilt be an outstanding example of a well-managed public facility that leverages limited resources for the most ffecfive delivery of services to our residents. Version 1.3 (5/30/02) 18 Historic Buildings Historic Status 1. Was the existing building, if it is being renovated or expanded as part of the project, or any buildings on adjacent properties, built longer than 50 years ago? I Yes © No ~) J Is the existing library building project, or any buildings on adjacent properties: 2. On the National Register of Historic Places? 1 Yes O No ~) J 3. A National Histodc Landmark? [ Yes © No ~ J 4. A National Monument? t Yes O No ~) I 5. On County or Municipal Historic Designation list? [ Yes O No ~) J 6. On the California Register of Historical Resources list? [ Yes © No ~) J 7. A California Historical Landmark? [ Yes O No ~) J 8. A State Point of Historical Interest? [ Yes O No ~) J Federal Compliance 9. Will this project utilize Federal funds or require a permit or license from a Federal Agency? [ Yes O No (~) J 10. If yes, has the review process required by section 106 of the National Historic I Yes © No © ~ Preservation Act been completed? If not, please explain. '~/A Version 1.3 (5~30~02) 19 State Historic Preservation Office (SHPO) J 1. Has the State Historic Preservation Office been contacted regarding the project? [ Yes ~) No 0 J I If yes, summarize any comments received from SHPO. Does the project meet the Secretary of the Interior's Standards for the Treatment of Historic Properties? Please explain. ~o comments were received through the State Clearinghouse Review process. Local Historic Preservation Ordinance 2. Is there a local historic preservation ordinance that applies to the proposed project site or any ad acent properties? rYes o No ~ 1 If yes, briefly specify any applicable requirements or restrictions, such as height limits, etc. Further, descdbe any ways that the proposed project's conceptual design plans are not substantially in compliance with the local historic preservation ordinance. Version 1.3 (5/30/02) 20 Geotechnical Report Identity and summarize any special geologic conditions, including, but not limited to, compressible and expansive soils, tunnels and mine shafts, unstable slopes, active seismic zones, excessive ground water and areas prone to liquefaction. Indicate if these conditions will prevent the use or significantly increase the cost of developing the site for a public library building. The following is a summary of the preliminary geotechnical investigation, conclusions and recommendations: 1.) The site investigation was completed on December 7, 1999, and indicates that the site is suitable from a geotechnical standpoint for the construction of the proposed library. 2.) The site soils encountered at the project site exhibited negligible to moderate collapse potential. 3.) Site grading, in general, should include removal and replacement as processed compacted fills for the upper three (3) to nine ',9) feet of undocumented fills. Deeper removal may be required along some localized areas. 4.) The proposed fill/cut slopes with slopes 2:1 (H: V) are grossly stable under static as well as earthquake loading conditions. 5.) Groundwater was not encountered within our borings ddlled to a maximum depth of 41.0 feet below existing ground surface. 6.) The nearest known active fault designated capable of generating significant ground motion at the site is approximately 1.7 'niles southwest of this site. 7.) The project site is not susceptible to soil liquefaction during earthquakes. 8.) The potential of seismic hazards due to the secondary effects of earthquakes including seismically induced ground settlement and differential settlement, is considered to be very Iow to Iow. 9.) Conventional spread footings founded on undisturbed natural soils or compacted fill and may be used to support the ~uilding. Footings should be founded at least 18-inches below lowest adjacent final grade. The retaining wall along the northern side portion may be founded on pilings. Concrete slabs-on-grade for such building may be of the conventional type as opposed to rade-beam or post-tensioned types. In summary, the geotechnical investigation did not present any conditions that would prevent the use or significantly increase ~e cost of developing the site as a public library facility. Demolition Descdbe any necessary demolition of structures and the associated costs involved with the site. (if no demolition, indicate by "N/A") Structure(s) to be Demolished Demolition Cost Estimate 1.> N/A $ 2.> $ 3.> $ 4.> $ 5.> $ 6.> $ Total Demolition: > $ Version 1.3 (5/30/O2) 21 Utilities Describe availability of utilities and associated costs if any utilities are not currently located within 100 feet of a property line of the site. Utility Availability Cost to brinf:l Service to Site (Ineli.clible) 1. Electricity lyes ~) No O I > $ 2. Fiber Optic Cable lYes ~ No © I > $ 3. Telephone lYes (~) No O I > $ 4. Gas lYes (~) No O I > $ 5. Cable TV lYes ~ No O I > $ 6, Storm Sewer lyes ~ No O I > $ 7, Sanitary Sewer lYes ~) No O I > $ 8. Water lYes ~) No © I > $ Site Development (All off-site costs beyond 100 foot utility fie-ins are local ineligible expenses, but shell be identified and included in the budget estimate under ineligible site development costs.) Site Development Costs Eligible Ineli.qible 1. Utilities .................................................................. > $ 145,887 $ 0 2. Cut, Fill & Rough Grading .......................................... > $ 315,755 $ 0 3. Special Foundation Support (pilings, etc.) .................... > $ 59,410 $ 0 4. Paving, curbs, gutters & sidewalks .............................. > $ 293,260 $ 0 5. Retaining Walls ....................................................... > $ 84,009 $ 0 6. Landscaping ........................................................... > $ 531,393 $ 0 7. Signage .................................................................. > $ 2,491 $ 0 8. Lighting .................................................................... > $ 123,894 $ 0 9. Removal of underground tanks .................................... > $ 0 $ 0 10. Removal of toxic materials ......................................... > $ 0 $ 0 11. Rock removal ......................................................... > $ 0 $ 0 12. Traffic signals ......................................................... > $ 0 $ 0 13. Other (Specify): Screen walls, site furnishings > $ 89,950 $ 0 14. Other (Specify): Trellis, seatwall, fountain > $ 86,114 $ 0 15. TOTALSITE DEVELOPMENT COSTS: ..................... > $ 1,732,163 $ Version 1.3 (5/30/02) 22 INormal Public Construction Costs in the Applicant's Area For projects with new construction only (i.e., constructing a totally new library building or the expansion to an existing building) Construction Cost Index Approach: To justify the eligible projected construction cost estimate for new construction, applicants shall complete the following: 1) January 2002 current costs per square foot: A. For new facilities: $202 ISF B. For square footage added to an existing building, i.e. "expansions": $238 ISF Multiply the appropriate County Locality adjustment Factor (2B) by the appropriate new cost per square foot figure (2C) (See section 20436 (c) (t) to obtain the "Locally l~djustod Construction Cost per Square Foot" figure (2D): County Locality Appropriate A. County:· Riverside B. Adjustment Factor:· 0.99 X C. NewCostJSF:> $ 202 ISF= D.· $ 200 ISF Name of Project County (Select: IA or 1 B) 3) A. Locally Adjusted Construction Cost Per Square Foot: > $ 200 ISF (Re-enter Line 2D) The "Locally Adjusted Construction Cost per Square Foot" (3A) figure may be increased by 1/5 percent per month for each month from January 1, 2002, through to the estimated mid-point of construction of the project. Multiply the number of months (4A) times.002 (I/5%) to get an inflation factor (4B). Multiply the inflation factor (4B) times the "Locally adjusted Construction Cost per Square Foot" figure (4C) to get an "Additional Cost per Square Foot" figure (4D) Number Inflation Locally Adjusted Additional $1SF A. of Months:> 37X.002= B. Factor:> .074 X C. Construction$1SF:> $ 200 ISF = D,> $ 15 ISF (115%) (Re-enter 3A) Add the resulting "Additional Cost per Square Foot" figure (SA) to the "Locally Adjusted Construction Cost per Square Foot" figure (58) to get the "Eligible Projected Construction Cost per Square Foot" figure (tiC): Additional Locally Adjusted Eligible Projected 5) A. Cost/SF:> $ 15 /SF + B. Construction$1SF:> $ 200 ISF = C. Construction$1SF:> $ 215 ISF (Re-enter 4D) (Re.enter 4C) The total "Eligible Projected Construction Cost" for the project is calculated by multiplying the "Eligible Projected Construction Cost per Square Foot" figure (5C) by the total number of square feet of new construction: 6) The Eligible Projected Construction $1SF: · $ 215 ISF Multiplied By (Re-enter 5C) 7) The Square Footage of New Construction: > 34,000 SF Equals 8) The Eligible Projected Construction Cost: · $ 7,310,000 If the projected construction cost estimated by the project architect is lower than the figure in Line 8, the applicant shall use the lower figure as the normal public construction cost in the applicant's area. A 10% project contingency amount is allowed and is calculated by multiplying the total Eligible Projected Construction Cost by 10%: 9) ElgbeContingency:('lO%ofLineS) · $ 731,000 Version 1.3 (5/30/02) 2~J Comparable Public Construction Approach: ~,s an altemate to the Construction Cost Index approach to estimating normal construction costs in the applicant's area, the applicant may employ a local public construction cost :ompadson approach to calculate the Eligible Projected Construction Cost figure. [See section 20436 (c) (3)]. List a minimum of three comparable public construction projects tha~ '~ave been bid within the applicant's County within three years of the Board's deadline for application. ,~omparable public construction projects are public libraries, community colleges, post offices, museums, courthouses, city halls, auditoriums, convention centers, civic centers, senio itizens centers, public schools, and recreation centers. he costs listed shall be for construction of the building only and exclusive of any site acquisition, demolition, development, utilities, or landscaping; surface and ande~ I~uilding parking; works of art; shelving; furniture; built-in service desks, counters, workstations, or other casework; movable equipment; or architectural and ~ngineering fees. Construction Project Date Bid CostJSF A. > $ ISF B. > $ ISF C. > $ /SF D. > $ /SF E. TOTAL > $ /SF 10) Locally Determined Comparable Cost per Square Foot ($1SF): > $ ISF Divided by > = > $ 0 /SF Re-enter Line E # of Projects Locally Determined Comparable Cost per Square Foot The "Locally Determined Comparable Cost per Square Foot" (10) figure may be increased by 1/5 percent per month for each month from January 1, 2002, through to the estimated mid-point of construction of the project. ~fulliply the number of Months (1 fA) limes.002 ('l/5%) to get an inflation factor (t lB). Multiply the inflation factor (1 t B) times tlie "Locally Determined Comparable Cost per Square Foot" figure (f 1C) to get the "Additional Cost per Square Foot" figure (11D): Number Inflation Locally Determined 11) A. of Months: > X .002 = B. Factor: > X C. Comparable $1SF: > 0 ISF = D. > $ ISF (115%} (Re-enter 10) Adding the resulting "Additional Cost per Square Foot" figure (12,4) to the "Locally Determined Construction Cost per Square Foot" figure (12B) gives the "Eligible Projected Construction Cost per Square Foot" figure (f2C): Additional Locally Determined Eligible Projected 12) A. Cost/SF: · $ ISF + B. Construction $15F: · 0 ISF = C. Construction $1SF:· $ ISF (Re-enter 11D) (Re-enter 11C) The "Eligible Projected Construction Cost" is calculated by multiplying the "Eligible Projected Construction Cost per Square Foot" figure (12C) times the square footage of new construction: 13) The Eligible Projected Construction $/SF: · $ ISF Multiplied By (Re-enter 12C) 14) The Square Footage of New Construction: > SF Equals 15) The Eligible Projected Construction Cost: > $ If the projected construction cost estimated by the project architect is lower than the figure in Line 15, the applicant shall use the lower figure as the normal public construction cost in the applicant's area, ~, 10% project contingency amount is allowed and is calculated by multiplying the total Eligible Projected Construction Cost by 10%: 16) Eligible Contingency: (10% of Line 15) · $ Version 1.3 (5/30/02) 24 LibraryProjectBudget (AIIprojects exceptMultipurposeProjects) If there are no costs in any line item below for the project, specify by putting a zero "0" in the blank provided. Eli.qible Ineli.qible 1) New Construction ....................................................................... > $ 6,795,855 $ 0 2) Remodeling Construction ............................................................ > $ 0 $ 0 3) Contingency .............................................................................. > $ 731,000 $ 0 4) Appraised Value of Building ........................................................... > $ 0 $ 0 5) Appraised Value of Land .............................................................. > $ 575,000 $ 0 6) Site Development ....................................................................... > $ 1,732,163 $ 0 7) Site Demolition ........................................................................... > $ 0 $ 0 8) Site Permits & Fees .................................................................... > $ 166,444 $ 0 9) Site Option to Purchase Agreement ............................................... > $ 0 $ 0 10) Furnishings & Equipment Costs .................................................... > $ 1,488,000 $ 0 11) Signage .................................................................................... > $ 93,100 $ 0 12) Architectural & Engineering Costs .................................................. > $ 626,178 $ 65,500 13) Construction Cost Estimator Fees ................................................. > $ 175,000 $ 0 14) Interior Designer Fees ................................................................. > $ 13,300 $ 0 15) Geotechnical/Geohazard Reports ................................................. > $ 11,300 $ 0 16) Hazardous Materials Consultant Fees ........................................... > $ 0 $ 0 17) Energy Audit, Structural Engineering, Feasibility & ADA Studies .......... > $ 0 $ 0 18) Library Consultant Fee ................................................................ > $ 22,000 $ 47,816 19) Construction Project Management ................................................ > $ 460,000 $ 0 20) Other Professional Fees .............................................................. > $ 166,020 $ 38,200 21) Local Project Administration Costs ................................................ > $ 102,200 $ 408,800 22) Works of Art .............................................................................. > $ 0 $ 25,000 23) Relocation Costs & Moving Costs .................................................. > $ 0 $ 0 24) Acquisition of Library Materials ..................................................... > $ 0 $ 1,250,000 25) Other (Specify): > $ $ 26) Other (Specify): > $ $ :~7) Other (Specify): > $ $ :)8) TOTAL PROJECT COSTS: .......................................................... > $ 13,157,560 $ 1,835,316 Version 1.3 (5/30/02) 25 Sources of Project Revenue (All projects except Multipurpose Projects) 29) State Matching Funds (65% of Line 281 Eligible Costs) .......................................................... · $ 8,552,414 30) Local Matching Funds (Line 28 Eligible Costs minus Line 29) ...................................................... · $ 4,605,146 [Must also equal the total of Lines 3t - 35] Sources of Local Matching Funds: 31) City .......................................................................................... > $ 4,506,146 32) County ..................................................................................... > $ 33) Special Distdct .......................................................................... > $ 34) Private ..................................................................................... > $ 250,000 35) Other (Specify): > $ 36) Local Credits [Land2 and A&E Fees] .......................................................................... > $ 640,500 37) Adjusted Local Match [Line 30 minus Line 36] .................................................................... > $ 3,964,646 38) Supplemental Local Funds [Same as Line 28 ineligible] ......................................................... > $ 1,835,316 39) TOTAL PROJECT INCOME: [Add Lines 29, 30, and 38] ....................................................... > $ 14,992,876 r Up to a maximum of $20,000,000 ~ Land credit is not allowed for land acquired by funds from the "Class Size Reduction Kindergatten-Universily Public Education Facilities Bond Act of 1998" [See Education Code section f9995 (c) which references Pad 68 (commencing with section fO0400 of the Education Code)] Projected Library Operating Budget (New Public Libraries, including Conversion Projects except Multipurpose Projects) INITIAL START-UP EXPENDITURES EXPENSES ANNUAL EXPENSES 1. Salaries/Benefits > $ 0 $ 1,050,000 2. Facilities Costs > $ 0 $ 120,000 Insurance Maintenence [Including Custodial, Trash, Landscaping, etc,] Security Utilities Other (Specify): 3. Equipment & Supplies Costs > $ 177,250 $ 80,000 Equipment Supplies 4. Materials > $ 1,000,000 $ 40,000 Books, AV, Magazines,& Newspapers Electronic Services & Subscriptions Other Formats 5. Other Allocations {As applicable to the proposed project) > $ 0 $ 190,622 Administrative/Business Office Branch Operations CimulatJon Services Facilities & Capital Coordination Program Planning Technical Services Other (Specie'): Miscellaneous (Other) > $ $ TOTAL EXPENDITURES: · $ 1,177,250 $ 1,480,622 Version 1.3 (5/30102) 26 Multipurpose Project Budget (With Library Project Budget) Muth urposoProjeotso.fy If there are CO costs in any line item below for the project, specify by putting a zero "O"in the blank space provided. A B C D E Library~ Library Portion Library Library Other2 Dedicated of Common Total Total Total Line Items: Eligible Eligible Eligible Ineligible Ineligible 1. New Construction $ 0 $ 0 $ 0 $ 0 $ 0 2. Remodeling Construction $ 0 $ 0 $ 0 $ 0 $ 0 3. Contingency $ 0 $ 0 $ 0 $ 0 $ 0 4. Appraised Value of Building $ 0 $ 0 $ 0 $ 0 $ 0 5. Appraised Value of Land $ 0 $ 0 $ 0 $ 0 $ 0 6. Site Devefopment $ 0 $ 0 $ 0 $ 0 $ 0 7, Site Demolition $ 0 $ 0 $ 0 $ 0 $ 0 8. Site Permits & Fees $ 0 $ 0 $ 0 $ 0 $ 0 9, Site Option Agreement $ 0 $ 0 $ 0 $ 0 $ 0 10. Furnishings & Equipment Costs $ 0 $ 0 $ 0 $ 0 $ 0 11, Signage $ 0 $ 0 $ 0 $ 0 $ 0 12. Architectural & Engineering Fees $ 0 $ 0 $ 0 $ 0 $ 0 13, Construction Cost Estimator Fees $ 0 $ 0 $ 0 $ 0 $ 0 14. Interior Designer Fees $ 0 $ 0 $ 0 $ 0 $ 0 15. Geotechnical/Geohazard Reports $ 0 $ 0 $ 0 $ 0 $ 0 16, Hazardous Materials Consultant Fees $ 0 $ 0 $ 0 $ 0 $ 0 17. Energy Audit, Structural, ADA, & Engineering Feasibility Studies $ 0 $ 0 $ 0 $ 0 $ 0 18, Library Consultant Fees $ 0 $ 0 $ 0 $ 0 $ 0 19. Construction/Project Management $ 0 $ 0 $ 0 $ 0 $ 0 20, Other Professional Fees $ 0 $ 0 $ 0 $ 0 $ 0 21. Local Project Administration Costs $ 0 $ 0 $ 0 $ 0 $ 0 22. Works of Art $ 0 $ 0 $ 0 $ 0 $ 0 23. Relocation Costs & Movin9 Costs $ 0 $ 0 $ 0 $ 0 $ 0 24, Acquisition of Library Materials $ 0 $ 0 $ 0 $ 0 $ 0 25, Other (Specify): $ 0 $ 0 $ 0 $ 0 $ 0 26. Total Project Costs: $ 0 $ 0 $ 0 $ 0 $ 0 ~ Ubrary means that portion of the project that provides space for the delivery and support of public library direct services, thcludthg joint use schoot tibrary services ~co-focation or joint venture). ~ "Other" uses means any other space that does not provide for the delivery and support of public library direct services. Version 1.3 (5/30/02) 27 Sources of Multipurpose Project Revenue (Multipurpose Projects Only) 27. State Matching Funds (65 yo of Line 26 iota e ~g~b e costs .......................................................... > $ 28, LocaIMatching Funds ............................................................................................. > $ [Column C, Line 26 minus Line 27. Must also equal the total of Lines 29-33.] Sources of Local Matching Funds: 29. City .......................................................................................... > $ 30. County ..................................................................................... > $ 31. Special Distdct .......................................................................... > $ 32. Pdvate ..................................................................................... > $ 33. Other (Specify): > $ 34. Local Cred[ts [Land and A&E Fees] .......................................................................... > $ 35. Adjusted Local Match (Line 28 minus Line 34) .................................................................... > $ 36. Supplemental Local Funds (Same as Line 26 Libra~7 (D) and Other (E) Total Ineligible) ........................ > 37. TOTAL PROJECT INCOME: (Add Lines 27, 28 and 36) ....................................................... > $ ~ Up to a maximum of$2O, OOO, O00 ~ Land credit is not allowed for land acquired by funds from the "C~ass Size Reducti~n Kindergarfen-Universi~y Pub~ic Educati~n Faci~ities B~nd Act ~f1998~~ [see Education Code section f9995 (c) which references Part 68 (commencing with section tO0400 of the EducaUon Code)] Projected Library Operating Budget (Multipu~oso ~ow Const=ctio. a.d Convereion P~ojoc= Only) INITIAL START-UP ANNUAL EXPENDITURES EXPENSES EXPENSES 1. Salaries/Benefits > $ $ 2. Facilities Costs > $ $ Maintenance [Including Custodial, Trash, Landscaping, etc.] Security Utilities Other (Specify): 3, Equipment & Supplies Costs > $ $ Equipment Supplies 4. Materials > $ $ Books, AV, Magazines, & Newspapers Electronic Sen/ices & Subscriptions Other Formats 5. OtherAIIocations(Asapplicabletotheproposedproject) > $ $ Administrative/Business Office Breach Operations Circulation Services Facilities & Capital Coordination Program Planning Technical Sen/ices Other (Specify): Miscellaneous (Other) > $ $ TOTAL EXPENDITURES: > $ $ Version 1.3 (5/30/02) 28 Financial Capacity (New Construction and Conversion Projects Only) Applicants with new public library projects shall descdbe their financial capacity to open and maintain operation of the proposed library including anticipated revenue sources for library operations support. Riverside County is one of the fastest-growing areas of the State and, as a consequence, local government's property-related ncome is also growing. Since 1965, the Riverside County Library System has been funded primarily by a separate property tax 'ate established by the County Board of Supervisors. In addition to the property tax increment, the County Library has multiple )ther funding sources including: contractual redevelopment pass-through funds; contractual revenue from partnerships with other urisdictions, fines and fees, State Public Library Foundation Funds, State reimbursement revenue, grant funds and donations. ,;urrent projections are for property tax and redevelopment pass-through revenues to increase approximately 10 percent per year. In addition to these operating revenue sources, the Library is a part of the Riverside County Mitigation Fee Program. Through :his program, the County Library receives development mitigation funds for capital facility construction and for library materials. :ees from this program will support the new Temecula Public Library with a $1,000,000 contribution in opening-day collection 'natedals. The City of Temecula currently contributes to the County Library in order to provide extended hours of service and staffing at :he County branch facility. When the new Temecula Public Library opens, the City will spend approximately one million dollars annually to supplement the County Library's funding level for both libraries to ensure the enhanced programs, hours and staffing ~eeded in our growing community. This budget will be reviewed annually to assure that funding keeps pace with the expanding leeds of a progressive community in a technologically changing environment. The City and the County have a true and established partnership in planning and operating a public library system. This 3artnership is embodied in their shared financial committment. The strength and commitment documented by our three growing Jrisdictions assures an ongoing reliable and stable financial commitment for the new Temecula Public Library. Provide the timetable for the proposed project. Show estimated dates of completion for future activities, as well as actual dates for activities already completed. ACTIVITY DATE 1. Planning and Land Use Permits Obtained (If Applicable) > N/A 2. Site Acquired (Obtain Possession by Purchase, Donation or Lease) · 04/21/93 3. Schematic Plans Completion > 05/01/02 4. Design Development Plans Completion · 08/01/02 5. Working Drawings (90%) Completion > 02/01/03 6. Construction Documents Completion > 02/01/04 7. Project Advertised for Bids > 03/01/04 8. Start of Construction > 06/01/04 9. Estimated Mid-Point of Construction > 02/01/05 10. Completion of Construction > 12/01/05 11. Opening of Library Building to the Public > 02/01/06 12. Final Fiscal & Program Compliance Review Completed > 06/01/06 Version 1,3 (5/30/02) 29 SIGNATURES The parties below attest to and certify the accuracy and truthfulness of the application for California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 funds. If the application is successful, the applicant agrees to execute the project on the basis of the application data provided herein including all supporting documents. IAUTHORIZED OFFICIAL OF THE APPLICANT JURISDICTION I Signature of Mayor, Chairperson of Board of Supervisors, or Head of District, authorized to make application for the local jurisdiction. Signature Date > Jeffrey E. Stone > Mayor Name (type) Title (type) [LIBRARY DIRECTOR OF THE OPERATING LIBRARY JURISDICTION ] I hereby affirm that the library jurisdiction, for which I am the administrative agent, approves of the application and will operate the facility as a public library after its completion. Signature Date > Gary Christmas > County Librarian Name (type) Title (type) · SUBMIT COMPLETED APPLICATION FORM AND SUPPORTING DOCUMENTS ACCORDING TO INSTRUCTIONS IN SECTION 20440 · MAIL APPLICATIONAND SUPPORTING DOCUMENTS TO: Bond Act Fiscal Officer Office of Library Construction 1029 J Street, Suite 400 Sacramento, CA 958'/4-2825 Version 1.3 (5/30/02) 30 Joint Use Cooperative Agreement Between the County of Riverside, the Temecula Valley Unified School District and the City of Temecula for the Joint Use of Facilities Located at the Temecula Public Library 1. Parties This JOINT USE COOPERATIVE AGREEMENT ("Agreement") is made and entered between the County of Riverside of the State of California, a political subdivision of the State of California ("County"), the Temecula Valley Unified School District of California, a California public school district ("District") and the City of Temecula, a municipal corporation ("City"). This agreement is made with reference to the following facts: 2. Recitals 2.1 The Parties desire to rescind the joint use cooperative agreement entered into on June 11, 2002 in favor of this Joint Use Cooperative Agreement (Agreement). The previous agreement is null and void and the Effective Date of this Agreement shall be March 18, 2003. 2.2 Through an analysis of the comprehensive Community Library Needs Assessment ("NA") conducted by the City, a significant need for a library facility and services has been identified in the City of Temecula. The Community Library Needs Assessment further documented key needs within the K-12 student population that the County, District and City desire to meet through a cooperative effort. 2.3 The County, District and City agree, through cooperative efforts and leveraging of public resources, to provide outstanding library services for the benefit of K-12 students and the general public. 2.4 The California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 provide for competitive funding opportunities for the construction of public library facilities. First priority is given to those project that demonstrate a true padnership and cooperative use between the agency that operates the library and one or more public school districts. The County, District and City desire to utilize the benefits of the "California Reading and Literary Improvement and Public Library Construction and Renovation Bond Act of 2000", found at Education Code section 19985 et seq., in the provision of a public library. 2.5 Section 17050 of the Education Code and other applicable law, of the State of California authorizes a District to enter into a contract with the County or other appropriate entity having responsibility for the provision of public library services in which the District is located, for the purposes of operating a joint-use library facility located on City property. 2.6 The County, District and City now seek to define the responsibilities and rights of the parties concerning the cooperative joint use of the proposed new Temecula Public Library. In consideration of their mutual promises, the parties hereto do agree as follows: 3. Cooperative Use Proqrams and Services The Technology and Homework Center ("THC") is a place for students in Kindergarten through 12th grade to obtain the resources and assistance necessary to suppod homework assignments, and to develop and enhance computer literacy. District employees, both classified and certificated, will staff the THC at specifically agreed upon times for homework assistance, group and individual computer training, and computer literacy classes. The 24 computer workstations located in the THC will be interfaced with the District computer system by virtue of a Internet access to enhance students' ability to access and complete classroom assignments outside of class. The County will provide Internet filter protection on all computer workstations in the THC similar to that used on District computers. In addition, the County will provide District subscribed databases on THC workstation computers. The Agreement provides for shared library materials and delivery of Library collections through an integrated use of the County and District's delivery systems. A regular library orientation program for all first grade students will be offered through joint commitment. 3.1 Roles and Responsibilities District shall provide instructional staffing and supervision of the Technology and Homework Center. District shall provide one desktop computer for use in the THC. District shall provide staffing and transportation for daily distribution of library materials ordered by students from District offices to individual school sites. District shall fund and provide transportation and supervision for first grade student library orientation field trips. County shall provide sufficient annual budget through its annual library funding sources to operate and maintain all library programs, including adequate library staff, furniture, fixtures, equipment maintenance and replacement, and overall management of the facility. County shall provide staffing and transportation for daily distribution of library materials to District offices for subsequent distribution to students and teachers. City shall provide partial funding of County's annual operating budget to provide higher staffing levels, computer hardware, software, and District subscribed electronic databases. City shall provide high speed Internet access to all library computers, including THC equipment, through a T-1 or better line. City shall provide staffing, supervision and funding for building and landscape maintenance of the facility. 3.2 Services and Pro,qrams Technoloqy and Homework Center (THC/: Recently, the District approved and the State of California accepted the Library/Media and Technology Improvement Plan 2002-2007 for Temecula Valley Unified School District ("Plan"). All Technology and Homework Center activities and programs will be designed to incorporate the goals and objectives identified in the Pan. The software, research techniques and instruction provided will enhance and complement those components as offered by the District in the classroom. Homework assistance, Intemet access, computer iiteracy classes, and adequate computer workstations were high needs identified in the Needs Assessment. The THC will 2 accommodate 24 computer workstations for K-12 students, with an additional 34 workstations available throughout the library. High speed Internet access from all library workstations will be provided via a T-1 or better line. THC workstations will be equipped with flat screens and input devices at a workspace that also offers a hard surface adequate to complete handwritten assignments. This configuration will facilitate a move toward a 21s~ Century use of technology, research and homework. During THC hours, qualified District staff will offer individual and small group tutorial assistance for K-12 homework completion. During library hours when the THC is not programmed for homework assistance or other District programs, it will be available for use by the general public, enhancing computer access for the community. Students will be able to access homework assignments at the THC via Internet for assistance and completion. City shall annually subscribe to District-subscribed electronic databases and web sites for access from all THC workstations. City will supplement the annual operations and maintenance budget to ensure that equipment and software needs and upgrades are met, including resource database licenses. Computer Classes: District staff will plan and implement computer classes for K-12 students. These classes will be offered in the THC. Library Orientation Proqram: District will implement a library orientation program for all first grade classes within the District. District will provide transportation, instructional staff and parent volunteer supervision for the children. Library staff will provide library tours to first graders, introducing early learners to the resources available at the library. Each child will be encouraged to obtain a library card. Enhancement Proqrams: The District will schedule and implement acceleration and/or enrichment classes, college entrance exam preparation classes and GED preparation and testing. These classes may be offered in the THC or the community room, as appropriate. County will provide college entrance exam preparation software for the desktop computer provided by District. The District will conduct a variety of college-preparation programs and job/career fairs in the library's community room. District and County will coordinate materials, self-tutorials, and Programs for English Learners. District will implement and coordinate a "Reading Buddies Program" to increase student literacy, help develop a love of reading, and connect proficient student and community volunteer readers with beginning readers. Library Materials Distribution: The County will add the District Administration Office as a daily distribution site for library materials requested by students or staff via phone or Internet. District will distribute requested materials daily to school libraries for delivery to the requesting party. 3.3 Library Hours of Service: The Library hours of services will be: Monday through Thursday 10:00 a.m. to 9:00 p.m. Friday 10:00 a.m. to 6:00 p.m. Saturday and Sunday 1:00 p.m. to 5:00 p.m. Total weekly service hours 60 hours 3 The Technology and Homework Center hours of service to K-12 students will be: Monday through Thursday 4:00 p.m. to 8:00 p.m. Sunday 1:00 p.m. to 5:00 p.m. Total weekly service hours 20 hours 3.4 Number and Classifications of Staff: Temecula Public Library Staff: Classification Annual Hours FTE Children's Librarian 100 .05 Research Librarian 100 .05 Library Technician/Assistant 312 .15 Volunteer Coordinator 100 .0._~5 924 .30 School District Staff: Classification Annual Hours FTE Library Media Teacher (Cedificated) 200 .10 Library Media Technician (Classified) 320 .15 Library Media Clerk (Classified) 260 .125 Instructional Assistant II (Classified) 260 .125 1,040 .50 3,5 Potential Use of Volunteers: The District will implement and coordinate a student-to-student "Reading Buddies Program". This program will pair students who will read together weekly at the library with the goal of increased student literacy and a developed love of reading. Older students will also have the opportunity to act as tutors for younger children during Technology and Homework Center hours as a means of fulfilling their community service requirement for graduation. The District will recruit, train and assign student volunteers. All student volunteers will be under the supervision of District instructional staff. The City will provide a part time volunteer coordinator who will be responsible for recruiting, training, and assigning adult volunteers to aid in the library. Volunteers may select from a variety of service areas within the library. It is envisioned that volunteers will have the opportunity to enhance Technology and Homework Center programs by offering one-on-one homework assistance, youth literacy tutoring, research assistance, and computer use instruction. All volunteers providing services in the Technology and Homework Center will be under the supervision of District instructional staff. 3.6 Location of Proposed Joint Use Project: The Temecula Public Library will be located at 30620 Pauba Road, Temecula, California between Margarita Road and Ynez Road. The Technology and Homework Center will have 4 assigned space within the library. Students may also use other computers and resources within the library. Meetings, training and other programs may take place in other library spaces, such as, the community room, study rooms, and children's area, as appropriate. 3.7 Ownership of Site, Facility, FurnishinRs, Equipment, and Library Materials: The City shall own the library site, building, furnishings, equipment and library materials. District may also supply and maintain ownership of educational materials and equipment at the Technology and Homework Center. These materials will be housed at the library and available to instructional staff and students for homework assistance. 3.8 Sources of Revenue: The City of Temecula will shall construct and furnish the Technology and Homework Center through the City's Development Impact Fees, Capital Projects Reserves, the State Library Grant, and donations: The City will also contribute $250,000 toward the purchase of new collection for the Library. The City will supplement the County's annual operating budget to ensure adequate staffing levels, collections, equipment, furnishings and subscriptions to District- used electronic databases. The initial supplement is estimated to be between $900,000 and $1,000,000. Future years' estimates to be the same or more, as deemed appropriate at the City's sole discretion. City shall staff, supervise, and fund building and landscape maintenance for the facility. The County shall, upon funding through the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000, dedicate $1,000,000 toward the purchase of new collection, which will be supplemented with existing County materials. The County shall provide adequate budget for the operations and maintenance of the Library, including staff and transportation costs for the inter-district distribution of library materials to the District. District shall fund services to provide Technology and Homework Center instruction and supervision. District shall provide one desktop computer valued at $2,500 to be dedicated to college/career preparation programs. 3.9 Responsibility for Facility Operation, Maintenance, and Mana.qement: The County shall be responsible for the operation and management of the library, including the automated systems. The City shall be responsible for the maintenance of the facility, including the parking facility and landscaping. 3.10 A.qreement Review and Modification Process: The Cooperative Use Agreement may be reviewed and modified from time to time by the mutual consent of the parties due to the changing needs of the community and the student population. Minor changes in programs, dates, times, staffing levels, etc. may be made administratively. More substantive changes shall be in the form of amendments to this Agreement and approved by the governing bodies of the entities. District shall review staffing needs on an annual basis and make adjustments as necessary to accomplish their goals. City and County shall review the operating budget annually and make the necessary adjustments based on projected needs for the next fiscal year. County shall appropriate sufficient resources to maintain at least the level of service outlined in the initial Agreement. City sha~l appropriate and contribute additional funds to ensure the current level of service and any additional services that the City may require over time. 3,11 Field Act Applicability: a. This project will not be subject to the Field Act. b. The rationale used to reach a determination on Field Act applicability is based upon written communication from the State Department of General Services, Division of the State Architect, upon review of the joint use components of the project. That communication is attached hereto as Exhibit A and made a part thereof. 3.12 20-Year Joint Use Commitment: The District, County and City each agree and commit to provide joint use library services consistent with the intent of this cooperative agreement. The term of this commitment shall be for 20 years from the completion of the facility. 3.'13 Incorporation of Applicable Education Code Sections: All parties acknowledge the provisions of Education Code section 19999, and Title 5 CCR section 20440(e)(3)(G), which are hereby incorporated by reference. All parties agree to be bound by the provisions of Education Code section 19999, and Title 5 CCR section 20440(e)(3)(G) as to the use of the library facility, which is the subject of this Agreement. 4. Applicability This Agreement will only take effect and be applicable is funding is received from The California Reading and Literacy Improvement an Public Library Construction and Renovation Bond Act of 200 to build the new Temecula Public Library. 5. Term of Aqreement District, County and City are committed to providing cooperative joint use library services consistent with the intent of the Agreement for 20 years. Term shall begin with the first day of operations of the new Temecula Public Library. 6. Indemnification of the Parties 6.1 Indemnification of City To the maximum extent permitted by law, neither City nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by County or District or both under or in connection with any responsibility, work, authority or jurisdiction delegated to County or District or both under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, County or District or both shall fully defend, indemnify, and save harmless City an all its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by County or District or both under or in connection with any responsibility, work, authority or jurisdiction delegated to County or District under this Agreement. 6.2 Indemnification of District To the maximum extent permitted by law, neither the District nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by County or City or both under or in connection with any responsibility, work, authority or jurisdiction delegated to County or City or both under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, County or City or both shall fully defend, indemnify, and save harmless District and all its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by County or City or both under or in connection with any responsibility, work, authority or jurisdiction delegated to County or City under this Agreement. 6.3 Indemnification of County To the maximum extent permitted by law, neither the County nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by District or City or both under or in connection with any responsibility, work, authority or jurisdiction delegated to District or City or both under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, District or City or both shall fully defend, indemnify, and save harmless County and all its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by District or City or both under or in connection with any responsibility, work, authority or jurisdiction delegated to District or City under this Agreement." 7. Waiver Any party to this Agreement may specifically and expressly waive in writing, the requirements of any portion of this Agreement, or any breach thereof, but no such waiver shall constitute a further or continuing waiver of the obligation of any preceding or succeeding breach of the same or any other provision. A waiving party may, at any time thereafter, require future compliance by the other party hereto with the provisions that are so waived. The consent of one party to any acts by the other party for which such written consent was required shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or any similar acts in the future. No waiver or consent shall be implied from silence or any failure of any party to act, except as otherwise specified in this Agreement. All rights, remedies, undertakings, obligations, covenants, conditions and agreements contained in this Agreement shall be cumulative and no one of them shall be exclusive of any other. 8. Notices All notices and demands shall be given in writing by personal delivery or first-class mail, postage prepaid. Notices shall be addressed as appears below for the respective party; provided that, if any Party gives notice of a change of name or address, notices shall be appropriately modified to reflect such changes. Notices shall be deemed received seventy-two (72) hours after deposit in the United States mail. Notice to the District: Temecula Valley Unified School District 31350 Rancho Vista Road Temecula, CA 92592 Attn: Superintendent 7 Notice to the County: County of Riverside 4080 Lemon Street, 12th Floor Riverside, CA 92501 Attn: County Librarian Notice to the City: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Attn: City Manager 9. Compliance with Law All padies shall at all times in the maintenance, occupancy, and operation of the Library Facilities and in the operation of the library and school programs under the terms of this Agreement comply with all applicable laws, statutes, ordinances, and regulations of County, State and Federal Governments, at that party's sole cost and expense. In addition, all parties shall comply with any and all notices issued by the other parties under the authority of any such law, statute, ordinance, or regulation. 10. Captions The section headings, and captions for various articles and paragraphs shall not be held to define, limit, augment, or describe the scope, content, or intent of any or all parts of this lease. The numbers of the paragraphs and pages of this lease may not be consecutive. Such lack of consecutive numbers is unintentional and shall have no effect on the enforceability of this Agreement. 11. Disputes Any dispute involving this Agreement may be submitted in writing to the County's Librarian or his/her designee and to the District Superintendent and to the City Manager. The parties hereto, in good faith, shall attempt to resolve said dispute before relief may be sought by any party. 12. Amendment This Agreement may only be amended by the written consent of the parties hereto at the time of such amendment. 13. Entire Aqreement This Agreement, including all attachments and exhibits hereto, supersedes any prior agreement and contains the entire agreement of the parties on the matters covered, except for the operating agreements between the County and the City for the operation of the Library Facilities. No other agreement, statement or promise made by any party or by any employee, officer or agent of each party hereto that is not in writing and signed by the parties hereto shall be binding. 14. Governinq Law This Agreement has been executed in and shall be governed by the laws of the State of California. 15. Counterparts The Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 8 16. Authority The County, District and City represent that the individuals signing this Agreement have full right and authority to bind their respective parties to this Agreement. 17. Invalidity If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 18. Non-Assiqnability This Agreement, and the rights and obligations set forth herein, may not be assigned without the express prior written consent of the other party hereto. Any attempt of assignment, without such prior written consent, is void. 9 IN WITNESS HEREOF, the County and the District have executed this Agreement thereby indicating they have read and understood the same, and indicate their full and complete consent to its terms. Approved as to form and content: Temecula Valley Unified School District: By:. School District Legal Counsel Board President Date ATTEST: County of Riverside: Clerk of the Board Nancy Romero By By. Deputy Chairman, Board of Supervisors Date Approved as to form and content: WILLIAM C. KATZENSTEIN County Counsel By: Deputy County Counsel Attest: City of Temecula Susan W. Jones, CMC Jeffrey E. Stone, Mayor City Clerk Approved As to Form: Peter M. Thorson, City Attorney 10 ITEM 10 II APPROVAl CITY ATTORNEY DIR.OF FINANCE~~ CITY MANAGER ~1~ C, OFTEMEOU'A AGENDA REPORT TO: City Manager/City Council FROM: Peter Thorson, City Attorney DATE: March 18, 2003 SUBJECT: Consideration of Joining Other Cities in the United States in Filing an Amicus Curiae Brief in the United States Supreme Court in Support of the City of Burbank in the Invocation Case, Rubin v. City of Burbank RECOMMENDATION: That the City Council authorize joining with other cities in the United States in the filing an amicus curiae brief ("friend of the court brief") in support of the City of Burbank's position in the case of Rubin v. City of Burbank challenging the content of invocations given at the beginning of city council meetings and authorize the City Attorney to file the necessary documents with the Court. BACKGROUND: On September 9, 2002, the California Court of Appeal in Los Angeles ruled that invocations at Burbank City Council meetings were unconstitutional because the City allowed religious persons to use the name of deities in their invocations. The Court held that while invocations at the beginning of a council meeting are constitutional, they must not use sectarian prayers. Like many cities, Burbank has had a long practice of beginning City Council meetings with an invocation. Burbank typically relies on members of the Burbank Ministerial Association, a non- denominational organization of clergy and representatives of other groups, to deliver its invocations. In practice, neither the subject matter nor the content of invocations has been influenced by the Burbank City Council or the Burbank City Clerk. The Rubin case arose from an invocation given at the November 23, 1999 Burbank City Council meeting. The invocation was given by a religious whose invocation concluded as follows: "We are grateful heavenly Father for all that thou has poured out on us and we express our gratitude and love in the name of Jesus Christ. Amen." Two plaintiffs sued Burbank on the theory that it is a violation of the First Amendment's Establishment Clause to begin a City Council meeting with a religious prayer invoking the name of Jesus Christ. The trial court determined that the November 23rd invocation was "sectarian" and therefore unconstitutional. It permanently enjoined Burbank from "knowingly and intentionally allowing sectarian prayer at City Council meetings." It also ordered Burbank to "advise anyone conducting an invocation as part of the City Council meeting that sectarian prayers are not permitted." R:/Agenda Reports/Invocations 3 18 03 1 The Court of Appeal affirmed the judgment in its entirety. In the court's view, the "Jesus Christ" reference in the November 23rd invocation resulted in a violation of the Establishment Clause. On this point, the court reasoned as follows: "By directing the prayer to 'Our Father in Heaven ... in the name of Jesus Christ' the invocation conveyed the message that the Burbank City Council was a Christian body, and from this it could be inferred that the council was advancing a religious belief." [Rubin, supra at 10355.] The Court of Appeal was not persuaded by Burbank's argument that people giving invocations have a free speech right to include a sectarian prayer. On this point, the court declared: "In light of the fact that the legislative invocation given at the Burbank City Council meeting took place on government property, was authorized by the long standing policy of the city council, was part of the official agenda of the council meeting, and was for the purpose of calling for spiritual assistance in the work of the legislative body, we are satisfied that it was not 'private speech' ... As such those who provide legislative invocations at the Burbank City Council meetings are subject to the requirement that the prayers should comport with the First Amendment." [Rubin, supra at 10356.] The City of Burbank filed a Petition for Review with the California Supreme Court. The Court denied the Petition which means that Appellate Court decision remains in effect. The City of Burbank has now filed a "Petition for Certiorari" with the United States Supreme Court requesting the US Supreme Court to review the case. Cities in the United States are being asked to file amicus brief's supporting Burbank's Petition and urging the Court to review the case. The attorneys for the City of Burbank will argue that Burbank's practice of rotating the invocation among religious leaders within the community complies with the US Supreme Court's decision in Marsh v. Chambers upholding legislative invocations and that the persons giving the invocation have a free speech right to pray as their religious traditions require. A copy of the letter from the Burbank City Attorney requesting amicus support is attached for the Council's review. FISCAL IMPACT: None. The brief will be prepared and filed on behalf of cities at no cost to the cities. ATTACHMENT: Letter from the City of Burbank R'/Agenda Reports/Invocations 3 18 03 2 CITY OF BURBANK D NN,S ,K OFFICE OF THE CITY ATTORNEY CityAttomey 275 East Olive Avenue* P.O. Box 6459.Burbank, California 91510-6459 JULI CHRISTINE SCOTT 818.238.5700 · 8[8.238.5724 FAX Chie~ Assistant City Attorney March 6, 2003 Writers Direct Dial (818)238-5707 Peter Thorson City Attorney 355 S. Grand Ave., 40th Floor Los Angeles, CA 90071-3101 Re: Request for Amicus Support - Rubin v. City of Burbank (City Council Invocations) Dear Peter Thorson, The City of Burbank is seeking your assistance in support of an amicus curiae Petition to the United States Supreme Court in the matter of the City's ongoing litigation regarding City Council invocations. You may recall that the City of Burbank was sued by Mr. Irv Rubin after he attended a City Council meeting and heard a 67 second religious invocation given by a member of the Burbank Ministerial Association. This padicular invocation heard by Mr. Rubin ended with the phrase "in the name of Jesus Christ". Mr. Rubin successfully sought injunctive relief against the City of Burbank to prohibit the City from permitting "sectarian" prayer at the City Council meetings. The City appealed and the tdal court's decision was affirmed by the Court of Appeal in a published decision (Rubin v. City of Burbank (2002) 101 CaI.App.4th 1194, 124 CaI.Rptr.2d 867). The City's Petition for Review by the California Supreme Court was denied. The City of Burbank will file a Petition for Wdt of Certiorari to the United States Supreme Court on March 18, 2003. The issue of legislative invocations is one of national significance to hundreds if not thousands of cities and other public agencies throughout the country. The practice is a time-honored tradition going back to the Founding Fathers, and strongly endorsed by .the United States Supreme Court in its decision in Marsh v. Chambers, 463 U.S. 782 (1983). The California Supreme Court has let stand a published appellate decision which in effect misinterprets and in essence modifies the Marsh decision by requiring the legislative body to determine whether a legislative invocation is "sectarian", and if so, prohibiting that "sectarian" prayer from being given at the City Council meeting. This not only unnecessarily entangles the legislative body with religion, but requires the body to censor the content of these otherwise legitimate prayers on the basis of the viewpoint expressed therein. Those whose beliefs compel them orwho choose to invoke a reference to a spec!ftc religious figuie must be prohibited from participating, while those whose beliefs are reflected in a more generic prayer are allowed to participate. The March 6, 2003 Page 2 Court of Appeal has attempted to justify its novel interpretation of Marsh, supra, by culling bits and pieces of analysis from the Supreme Court's religious display and school prayer cases. None of these cases is applicable to the issue of legislative prayer, which has stood alone and undisturbed in the Establishment Clause world of jurisprudence since Marsh. It should be for the United States Supreme Court and not the Second District Court of Appeal in California to expand, expound on, modify, disapprove or overrule its Marsh decision. Appellate specialist Douglas Collodel of the nationally known law firm of Sedgwick, Detert, Arnold & Moran, has agreed to prepare an amicus curiae brief in support of the City of Burbank's Petition for Writ of Certiorari. The amicus curiae petition will be filed no later than April 18, 2003 and will focus on the more universal and national implications of this decision to public agencies throughout the country. If you would like to support the City's Petition, we would ask that you fill out and return by fax or mail, the attached letter of support. You may also email your support to the undersigned, at dbarlow@ci.burbank.ca.us or douglas.collodel@sdma.com. Experience has shown that amicus curiae support is an important factor in the Supreme Court's determination to grant certiorari. We would strongly urge and greatly appreciate your support on this very significant issue. City Attorney c: Douglas Collodel, Sedgwick, Detert, Arnold & Moran TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT FEBRUARY 25, 2003 A regular meeting of the City of Temecula Community Services District was called to order at 7:32 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Comerchero presiding. ROLL CALL PRESENT: 5 DIRECTORS: Naggar, Pratt, Roberts, Stone, Comerchero ABSENT: 0 DIRECTORS: None Also present were General Manager Nelson, City Attorney Thorson, and Deputy City Clerk Ballreich. PUBLIC COMMENTS No comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of February 11, 2003. 2 Loma Linda - Tract Map Nos. 19872-1, -2, -3, -4, -5, and Final- Service Level C Rates and Charges RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. CSD 03-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL C RATES AND CHARGES FOR THE LOMALINDA TRACT BEGINNING FISCAL YEAR 2003- 2004 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH 3 Approval of 2002-03 Mid-Year Budf:let Adiustments RECOMMENDATION: 3.1 Adopt a resolution entitled: Minutes.csd\022503 1 RESOLUTION NO. CSD 03-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AMENDING THE FISCAL YEAR 2002-03 ANNUAL OPERATING BUDGETS MOTION: Director Naggar moved to approve Consent Calendar Item Nos. 1 - 3. The motion was seconded by Director Stone Naggar and voice vote reflected unanimous approval. DEPARTMENTAL REPORT No additional comment. DIRECTOR OF COMMUNITY SERVICES REPORT No additional comment. GENERAL MANAGER'S REPORT No additional comment. BOARD OF DIRECTORS' REPORTS None given. ADJOURNMENT At 7:33 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, March 18, 2003, at 7:00 P.M, City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] Minutes.csd\022503 2 ITEM 2 APPROVAj~, ....~.---- CITY ATTORNEY FINANCE DIRECTO~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community ServicE~--~ DATE: March 18, 2003 SUBJECT: 4t~ of July Fireworks Presentation PREPARED BY: Julie Crowe-Pelletier, Recreation Superintendent RECOMMENDATION: That the Board of Directors: 1. Award a contract to Pyro Spectaculars exercising the third year option to renew for the preparation and display for the 2003 4th of July Extravaganza fireworks show presentation in an amount of 925,000. 2. Approve a 10% contingency for an amount not to exceed $2,500. DISCUSSION: A Request for Qualifications (RFQ) was released by the City of Temecula to solicit qualified vendors to provide professional services for the preparation and display of the 4th of July Extravaganza fireworks show presentations for 2001 and 2002 with a third year option to renew. Robert Caran Productions and Pyro Spectaculars responded to the Request for Qualifications (RFQ) and were interviewed by a panel comprised of representatives from the Community Services Department, the City Manager's Department, the Finance Department and the Fire Department. Based upon the vendors' overall interview presentation, reference list and past experience, the panel agreed unanimously that Pyro Spectaculars was the most qualified vendor to provide such specialized services for the City of Temecula. Services provided will include a licensed pyrotechnic operator, full electronic firing custom designed and choreographed twenty-three minute "Sky Concert", insurance coverage, sales tax and delivery, as well as a simulcast of the choreographed music via Temecula's local KATY 103.5 FM radio station. FISCAL IMPACT: Cost to produce one (1) 4t" of July Extravaganza fireworks show annually will not exceed $27,500. Unencumbered funds exist in account //190-183-999-5370. R:\CROWEJ\AGENDAS\Programs\4th of.~uly\4th of July.03.doc PYRO SPECTACULARS, INC. Display Agreement (Special) 1. This Agreement, entered into this 18th day of March, 2003, by and between PYRO SPECTACULARS, INC., a California corporation hereinafter referred to as "PYRO" and City of Temecula, hereinafter referred to as "PURCHASER." 2. PYRO agrees to furnish PURCHASER, in accordance with the terms and conditions hereinafter set forth, one fireworks display as per Program C, submitted, accepted and made part hereof, including the services of a licensed pyrotechnic operator to take charge of and, along with sufficient helpers, safely discharge the display. The said display is scheduled to be performed on July 4, 2003 at 9:00 p.m., on real property next to the Fire Station//84 - Pauba Street, within the City of Temecula. 3. PURCHASER, at its own expense, agrees to provide to PYRO: A. A suitable DISPLAY SITE in which to stage the fireworks display, including a firing and fallout zone reasonably acceptable to PYRO in which the fireworks and fireworks debris may be exhibited, rise and fall safely. PYRO affirms that it has physically inspected the site and validate that it was acceptable as configured on the date of inspection. B. Adequate policing, guard protection, roping, fencing and/or other crowd control measures to prevent the access of the public or its property or any other people or property not authorized by PYRO into the DISPLAY SITE. C.' The services and cost of standby firemen and/or any applicable permit fees as required by state and local statutes, ordinance or regulations. D. Access by PYRO, at all times, to the DISPLAY SITE to set up the display. If PURCHASER fails to fully comply with requirements A, B, C and/or D set forth above, PYRO shall have no obligation to perform and PURCHASER agrees to pay to PYRO the entire contract price plus any additional expenses incurred because of said failure. If, in its sole discretion, PURCHASER designates an area for members of the public to view the Display ("Spectator Area") and/or an area for vehicular parking ("Parking Area"), the PURCHASER shall: 677059 03/11/2003 1 E. Ensure that the Spectator Area does not infringe on the Display Area; F. Have sole responsibility for ensuring that the terrain of the Spectator Area and any structures thereon, including, but not limited to grandstands and bleachers are safe for use by spectators; G. Have sole responsibility for ensuring that the Parking Area is safe for use; H. Have sole responsibility to police, monitor and appropriately control spectator access to the Spectator Area and the Parking Area and police, monitor and appropriately control the behavior of persons in these areas. It is expressly agreed that PYRO, (including its operators and helpers) shall not inspect, police, monitor or otherwise supervise any area of the site other than the Display Area, except to ensure: I. That any Spectator or Parking Areas are outside the Display Area; and J. After completion of the Display, that the Display Area is cleared of any live fireworks debris originating from the program. 4. PURCHASER shall pay to PYRO the sum of Twenty-five Thousand Dollars ($25,000.00). A deposit of Twelve Thousand Five Hundred Dollars ($12,500.00) must be paid by May 5, 2003. Full final payment is due the first regular business day after the date set for the display. A finance charge at a periodic rate of 1.5% per month, 18% annual percentage rate, or the maximum rate permitted by law, whichever is less, will be charged on the unpaid balance after ten (10) days from the date of the display. PURCHASER, by signing this Agreement, authorizes PYRO to receive and verify financial information concerning PURCHASER from any person or entity. 5. PURCHASER agrees to assume the risk of weather, or other causes beyond PYRO's control, which may prevent the display from being safely discharged on the scheduled date, which may cause the cancellation of any event for which PRUCHASER has purchased the display, or which may affect or damage such potion of the exhibits as must be placed and exposed a necessary time before the display. It shall be within PYRO's sole discretion to determine whether or not the display may be 677059 03/11/2003 2 safely discharged on the scheduled date and at the scheduled time. If, for any reason beyond PYRO's control, including, without limitation, inclement weather, PYRO is unable to safely discharge the display on the scheduled date or should any event for which PURCHASER has purchased the display be canceled, the parties shall attempt to negotiate a new display date, which shall be within sixty (60) days of the original display date. PURCHASER further agrees to pay PYRO for any additional expenses made necessary by this postponement. If they are unable to agree on a new display date, PYRO shall be entitled to liquidated damages from PURCHASER as if PURCHASER had cancelled the display on the date set forth the display, as provided in the following paragraph. 6. PURCHASER shall have the option to unilaterally cancel this display prior to the date of the display. If PURCHASER exercises this option, PURCHASER agrees to pay to PYRO, as liquidated damages, the following percentages of the agreed contract price. (a) 25% if cancellation occurs three (3) or more days prior to the scheduled day of the display; (b) 50% if cancellation occurs within two (2) days of the actual date set for the display; (c) 75% if cancellation occurs on the date set for the display but prior to the time physical set-up of the display actually begins; (d) prior to the time physical set-up of the display 100% thereafter. If cancellation occurs prior to the date set for the display and prior to the time set-up has occurred, PURCHASER agrees to pay PYRO in addition to the above percentages, the value associated with any specific custom work performed by PYRO or its agents including but not limited to music/narration tape production and/or sponsors logos. 7. In the event PURCHASER cancels the display, it will be impractical or extremely difficult to fix the actual amount of PYRO's damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if PURCHAER cancels the display. 677059 03/11/2003 3 8. PYRO reserves the ownership rights and trade names that are used in or are a product of the pyrotechnic display to be performed herein. Any reproduction by sound, video or other duplication or recording process without the express written permission of PYRO is prohibited. 9. PYRO agrees to furnish insurance coverage in connection with the Display only, for the following risks and amounts: bodily injury and property damage, including products liability FIVE MILLION DOLLARS ($5,000,000) combined single limits. Such insurance shall be in accordance with Exhibit "A", and shall include PURCHASER as an additional insured regarding claims made against PURCHASER for bodily injury or property damage arising from the operations of PYRO in performing the Display provided for in this Agreement. Such insurance afforded by PYRO shall not include claims made against PURCHASER for bodily injury or property damage arising from (a) failure of PURCHASER, including through or by its employees, agents and/or independent contractors, to perform its obligations under this Agreement, including, without limitation, those contained in Paragraph 3 of this Agreement; (b) failure of the PURCHASER to provide discretionary Spectator and Parking Areas referred to in paragraph 3 of this Agreement. PURCHASER shall indemnify and hold PYRO harmless from all claims and suits made against PYRO for bodily injury or property damage arising from (a) and (b) of this paragraph. 10. If any legal action is brought to enforce or interpret the terms or provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs in addition to any other relief to which they may be entitled. 11. In the event PYRO breaches this Agreement, or is otherwise negligent in performing the fireworks display provided for herein, PURCHASER shall, under no cimumstances, be entitled to recover monetary damages from PYRO beyond the amount PURCHASER agreed to pay PYRO under this Agreement. PURCHASER shall not, under any circumstances, be entitled to recover any consequential damages from PYRO including, without limitation, for loss of income, business or profits. Nothing in this paragraph shall be construed as a modification or limitation on the insurance coverage afforded in Paragraph 9 above, or upon PYRO's indemnification if 677059 03/11/2003 4 PURCHASER for third party claims in the event PYRO fails to provide such insurance coverage. 12. It is agreed, nothing in this Agreement or in PYRO's performance of the display provided for herein, shall be construed as forming a partnership or joint venture between PURCHASER and PYRO. The parties hereto shall be severally responsible for their own separate debts and obligations and neither patty shall be held responsible for any agreements or obligations not expressly provided for herein. 13. This Agreement shall be governed and interpretedunder the laws of the State of California. It is further agreed that the courts of the State of California shall have exclusive jurisdiction to adjudicate any disputes arising out of this contract or performance of the display provided for herein. It is further agreed that the Central Judicial District of San Bemardino County, California, shall be proper venue for any such action. 14. Any Notice to the parties permitted or required under this Agreement may be given by mailing such Notice in the United States Mail, postage prepaid, first class, addressed as follows: PYRO - Pyro Spectaculars, Inc., P.O. Box 2329, Rialto, California 92377. PURCHASE - City of Temecula, 43200 Business Park Drive, Temecula, California 92589-9033. 15. All terms of this Agreement are in writing and may only be modified by written agreement of both parties hereto. Both parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only. 16. If there is more than one PURCHASER, they shall be jointly and severally responsible to perform PURCHASER's obligations under this Agreement. This Agreement shall become effective after it is executed and accepted by PURCHASER and after it is executed by PYRO at PYRO'S offices in Rialto, California. This Agreement may be executed in several counter parts, including faxed copies, each one of which shall be deemed an original against the party executing same. This Agreement shall be binding upon the parties hereto and upon their heirs, successors, executors, administrators and assigns. PURCHASER recognizes that because of the nature of fireworks, an industry accepted level of 3% of the product used in any display may not function as 677059 03/11/2003 5 designed and this level of nonperformance is acceptable as full performance. Price firm through May 5, 2003. Price includes full electronic firing. PURCHASER to provide firing site, communications, and security. PURCHASER responsible for payment of fire department permit and standby fees, if applicable. IN WITNESS WHEREOF, the parties hereto, by and through their duly authorized agents, have set their hands and seals this 18th day of March, 2003. PYRO SPECTACULARS, INC. James R. Souza, President PURCHASER: Shawn Nelson, City Manager City of Temecula ATTEST: APPROVED AS TO FORM: Susan W. Jones, City Clerk Peter M. Thorson, City Attorney 677059 03/11/2003 6 EXHIBIT "A" INSURANCE PROVISIONS CONSULTANT shall maintain in full force, during the term of the service contract, limits of insurance, no less than: 1. General Liability: $5,000,000 combined single limit per occurrence for bodily injury and property damage. 2. Automobile Liability: $1,000,000 combined single limit per occurrence for bodily injury and property damage. 3. Worker's Compensation and Employer's Liability: Worker's Compensation as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident. 4. It is the Consultant's responsibility to notify the City if there are any changes in insurance provisions that would impact the above requirements. 5. Insurance carrier(s) shall be approved to do business in the State of California and shall have a Best rating of no less than A:VII. CONSULTANT shall furnish verification of the insurances required by this Exhibit A prior to performance of the work specified in the contract. 677059 03/11/2003 7 ITEM 3 APPROVAL~/,~ C~TY ATTORNEY /~ DIRECTOR OF FINAN(~ CITY MANAGER ,~7~J I CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Service~)-~. DATE: March 18, 2003 SUBJECT: Accept Substitute Landscape Bonds in Tract No. 23143-1 (Cmwne Hill Development - Southeasterly of intersection of Pauba Road at Butterfield Stage Road) PREPARED BY: Barbara Smith, Management Analyst or~=~ RECOMMENDATION: That the Board of Directors: 1. Accept the substitute landscape bonds from Greystone Homes, Inc. for Tract No. 23143-1. BACKGROUND: Landscape/Erosion Control Agreements and Surety Bonds for the above referenced development were originally posted with the County of Riverside Building and Safety Department by Taylor Woodrow Homes, California Limited. There were three (3) Surety Bonds in the amounts of $97,000, $258,000 and $357,000 issued by American Home Assurance Company. The aforementioned bonds had been transferred from the County of Riverside to the City of Temecula. On September 22, 1998 the new developer Crowne Meadows, LLP, replaced these bonds. When reviewing these bonds it was discovered that the Bond for $258,000 was for future homeowner association slopes and are not required by the Planning Department. The Bond in the amount of $357,000 for erosion control is also not required by the City of Temecula, which was confirmed by both the Planning and the Public Works Departments. Both of the above mentioned sureties have been exonerated. The remaining bond for the amount of $97,000 is for slopes that will be maintained, after development, by the Temecula Community Services Department (TCSD). This surety is being replaced by the new owner/developer Greystone Homes, Inc. Once this new bond is accepted the City Clerk will exonerate the existing bond. Existing Bond Information Bond No. 3SM91450600 from American Motorists Insurance Company in the amount of $97,000. Replacement Bond Information Bond No. 3SM05019700 from American Motorist Insurance Company in the amount of $97,000. FISCAL IMPACT: None. The cost of construction for the perimeter slope areas will be borne by the developer. ATTACHMENTS: Vicinity Map Agreement/Bonds. CROWNE HILL DEVELOPMENT Vicinity Map Bond No. 3SM 050 197 00 Premium: $485.00 CITY OF TEMECULA PARKLAND/LANDSCAPE FAITHFUL PERFORMANCE BOND WHEREAS, thc City of Temecula, State of Califomia, and Greystone Homes, Inc. (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, dated 20 · and identified as Project Tract 23143-1, CSA Slopes , is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the Faithful Performance of the Agreement; American Motorists NOW, THEREFORE, we the Principal and Insurance Company as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $ 97,000.00 , lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attomey's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or the work or to the specifications. /// 1N WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on February 27 , 2003 AMERICAN MOTORISTS GREYSTONE HOMES, INC, INSURANCE COMPANY a Delaware corporation SURETY PRINCIPAL Patricia H. Brebner David Evans (NAME) (NAME) Attorney-in-Fact Vice President (TITLE) (TITLE) BY: Dee Baker (NAME) Asst. Secretary (TITLE) APPROVED AS TO FORM: Peter Thorsen City Attomey CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oran.qe On February 28, 2003 before me, S. McDonald, Notary Public, personally appeared David Evans and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the person or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. ~ .[,,;~ A _ ;.. ~C"~N~O- -- OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officers Greystone Homes, Inc. David Evans- Vice President Dee Baker - Asst. Secretary DESCRIPTON OFATTACHED DOCUMENT Type of Document: Performance Bond No. 3SM 050 197 00 Number of Pages: Two (2) Date of Document: February 27, 2003 Signers (other than those named above): Patricia H. Brebner C~LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. ,~07 State of California County of Orange On February 27, 2003 beforeme, AlexisH. Bryan, Notary Public DATE NAME. 'ITR.E OF OFFICER- E.G., "JANE DOE. NOTARY PUBLIC" personally appeared ?at, cia H. Bmbner NAME(S) OF SIGNER(S) [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATrACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TFR.E(S) [] PARTNER(S) [] LIMITED GENERAL [] A3-rORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR NUMBEROF PAGES [] OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 © 1993 NATIONAL NOTARY ASSOCIATION · 8236 Rernmet Ave,, P.O, Sox 7184 · Canoga Park, CA 91309-7184 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the "company") do hereby appoint Jane Kepner, Mike Parizino, James A. Schaller, Alexis H. Bryan, Nanette Marie#a-Myers, Unda Enright, Leigh McDonough, Jeri Apodaca, Patricia H. Brebner, Suzanne Edwards and Rhonda C. Abel of COSTA MESA, CA (EACH) their true and lawful agent(s) and Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings EXCB':~TIC~N: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company On February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the company." FK 09 75 (Ed. 09 01) Page I of 2 Printed In U.S.A. IMPORTANT NOTICE CONCERNING THE TERRORISM RISK INSURANCE ACT OF 2002 The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the federal government will share, with the insurance industry, in losses arising out of "acts of terrorism" certified as such by the Secretary of the Treasury. "Certified acts of terrorism" are defined as events that cause more than $5 million in losses and: t. Are violent or dangerous to human life, property, or the infrastructure; 2. Result in damage within the United States, on a United States mission, or to a United States aircraft or vessel; and 3. Are committed by individuals, acting on behalf of foreign persons or interests, as part of an effort to coerce the civilian population of the United States or to influence the policies or conduct of the United States Government. The Act specifies that coverage for "certified acts of terrorism" must be made available in commercial property and casualty policies of insurance, and it requires insurers to disclose any applicable premium charges and the federal share of compensation. We are making these disclosures in strict compliance with the Act. Disclosure of Availability of Coverage for Terrorism Losses Coverage for losses resulting from "certified acts of terrorism" is being made available to you on terms, amounts, and limitations generally applicable to losses resulting from perils other than acts of terrorism. Disclosure of Federal Share of Compensation for Terrorism Losses The federal government will pay a 90% share of an insurer's terrorism losses once the insurer has satisfied a significant aggregate annual deductible. For terrorism losses occurring in 2002, that deductible is 1% of the insurer's 2001 direct earned premium. For losses occurring in 2003, 2004 and 2005, the annual insurer deductibles ara 7%, 10% and 15% of the prior year's direct earned premium, respectively. The Act provides that neither insurers nor the federal government are responsible for losses associated with "certified acts of terrorism" once aggregate annual insured losses exceed $100 billion. Disclosure of Terrorism Insurance Premium Your Bond premium charge for "certified acts of terrorism" coverage is $ 0 SR 80 37 (Ed. 11 02) Page 1 of 1 Printed in U.S.A. CITY OF TEMECULA PARKLAND / LANDSCAPE IMPROVEMENT AGREEMENT DATE OF AGREEMENT: Yebruar7 27, 2003 NAME OF SUBDIVIDER: Grevstone Homes. Inc. (Referred to as "SUBDIVIDER") NAME OF SUBDIVISION: Crowne Hill (Referred to as "SUBDIVIDER") TRACT NO.: 23143-1 TENTATIVE MAP RESOLUTION OF APPROVAL NO.: (Referred to as "Resolution of Approval") PARKLAND IMPROVEMENT PLANS NO.: ESTIMATED TOTAL COST OF PARKLAND IMPROVEMENTS:$ eT:nnn nn COMPLETION DATE: ^._~.~t ~n(~3 NAME OF SURETY AND BOND NO. FOR LABOR AND MATERIALS BOND: N/A NAME OF SURETY AND BOND NO. FOR FAITHFUL PERFORMANCE BOND: American MOtorists Insurance Company 3SM 050 197 O0 NAME OF SURETY AND BOND NO. FOR WARRANTY BOND: ~/~ C:\WlNDOWS\TEMP\C.Lotus. Notes. Data\Landscaping Bond[Agreement.doc This Agreement is made and entered into by and between the City of Temecula, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. RECITALS A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. SUBDIVIDER is required, as a condition of the approval of the tentative map that the Parkland Improvement plans must be completed, in compliance with City standards, by the Completion Date. The Subdivision Laws establish as a condition precedent to the approval of a final map, that the SUBDIVIDER has entered into a secured Agreement with the CITY to complete the Parkland/Landscape Improvement Plans within the Completion Date. D. In consideration of approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby promises to install and complete, at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement work required by City in connection with proposed subdivision. Subdivider has secured this agreement by Parkland/Landscaping Improvement Security required by C:\WlNDOWS\TEMP\C.Lotus. Notes. Data\Landscaping Bond~Agreement.doc the Subdivision Laws and approved by the City Attorney. The term "Parkland" includes landscape areas intended to be maintained by the Temecula Community Services District. E. Complete Parkland/Landscape Improvement Plans for the construction, installation and completion of the Parkland Improvements have been prepared by SUBDIVIDER and approved by the Director of Community Services. The Parkland Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the Director of Community Services and are incorporated into this Agreement by this reference. All references in this Agreement to the Parkland Improvement Plans shall include reference to any specifications for the Improvements as approved by the Director of Community Services. F. An estimate of the cost for construction of the Parkland Improvements according to the Improvement Plans has been made and approved by the Director of Community Services. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. The CITY has adopted standards for the construction and installation of Parkland/Landscape Improvements within the CITY. The Parkland/Landscape Improvement Plans have been prepared in conformance with the CITY standards, (in effect on the date of approval of the Resolution of Approval). H. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDIVISION. As a result, CITY will be damaged to the extent of the cost of installation of the Parkland/Landscape Improvements by SUBDIVIDER'S failure to perform its obligation under this Agreement, including, but not limited to, SUBDIVlDER'S obligation to complete construction of C:\WlNDOWS\TEMP\C.Lotus. Notes. Data\Landscaping Bon(t, bd~greernent,d~c Parkland/Landscape Improvements by the Completion Date. CITY shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOT, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: 1. SUBDIVIDER'S Obliqations to Construct Parkland/Landscapinq Improvements. SUBDIVIDER Shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Pursuant to the requirements of Labor Code Section 1720, SUBDIVIDER shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for the Parkland/Landscape Improvement Work required by this Agreement. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of the City of Temecula. Subdivider shall post a copy of such wage rates at the job site and shall C:\WlNDOWS\TEMP\C.Lotus. Notes. Data\Landscaping Bon~greement.doc pay the adopted prevailing wage rates as a minimum. Subdivider.shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and other applicable laws and regulations with respect to the payment of prevailing wages. Pursuant to the provisions of 1775 of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less, than the stipulated prevailing rates for any work done under this Agreement, by it or by any subcontractor under it, in violation of the provisions of the Agreement or in violation of any applicable laws or regulations pertaining to the payment of prevailing wages. c. Complete by the time established in Section 20 of this Agreement and at SUBDIVlDER'$ own expense, all the Parkland/Landscape Improvement work required on the Tentative Map and Resolution of Approval in conformance with the Parkland Improvement Plans and the CITY standards: d. Furnish the necessary materials for completion of the Parkland Improvements in conformity with the Parkland Improvement Plans and CITY standards. e. Except for easements or other interested in real property to be dedicated to the Homeowners Association of the SUBDIVISION, acquire and dedicate, or pay the cost of acquisition by CITY, of all rights- of-way, easements and other interests in real property for construction or installation of the Parkland/Landscape Improvements, free and clear of all liens and encumbrances for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site rights-of-way, easements and other C:\WlNDOWS\TEMP\C.Lotus. Notes. Data\Landscaping Bono~greement.doc interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. 2. Acquisition and Dedication of Easements or Riqhts-of-Way. If any of the Parkland/Landscape Improvements and land development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY or appropriate rights-of- way, easements or other interest in real property, and ~ppropriate authorization from the property owner to allow construction or installation of the Improvements or work, or b. The dedication to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real property, and approved by the Department of Public Works, as determined by the Director of Community Services. c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to said improvements in and amount of 100% of the estimated cost of the Parkland/Landscape Improvements; and C:\WlNDOWS\TEMP\C.Lotus. Notes. Data\Landscaping BonCoAgreement.doc b. to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for Parkland/Landscape Improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the Improvements; and c. to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the Parkland Improvements. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this Reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a pad of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. 4. Alterations to Parkland Improvement Plans. a. Any changes, alterations or additions to the Parkland/Landscape Improvement Plans and specifications or to the improvements, not exceeding 10% of the original estimated cost if the improvement, which are mutually agreed upon by the CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for C:\WlNDOWS\TEMP\C.Lotus. Notes. Data\Landscaping Bond~'Agreement.doc faithful performance as required by Paragraph 3 of this Agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed padial releases allowed by Paragraph 6 of this Agreement. b. The SUBDIVIDER shall construct the Parkland Improvements in accordance with the CITY Standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public health, safety or welfare or comply with applicable State or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. 5. Inspection and Maintenance Period. a. SUBDIVIDER shall obtain City inspection of the Parkland/Landscape Improvements in accordance with the City standards in effect at the time of adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the Parkland Improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work the SUBDIVIDER may request a final inspection by the Director of Community Services, or the Director of Community Service's authorized representative. If the Director of Community Services, or the designated representative, determine that the work has been completed in accordance with this Agreement, then the Director of Community C:\WlNDOWS\TEMP\C.Lotus. Notes. Data\Landscaping Bon(~,greement.doc Services shall certify the completion of the Parkland/Landscape Improvements to the Board of Directors. b. SUBDIVIDER shall continue to maintain the Parkland/Landscape Improvements for ninety (90) days after they have been certified completed. No improvements shall be finally accepted unless the maintenance period has expired, and all aspects of the work have been inspected and determined to have been completed in accordance with the Parkland/Landscape Improvement Plans and CITY standards. SUBDIVIDER shall bear all costs of inspection and certification. 6. Release of Securities. Subject to approval by the Board of Directors of the Community Services District of the CITY, the securities required by this Agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work or Agreement shall be released upon the expiration of the maintenance period and the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The Director of Community Services may release a portion of the security given for faithful performance of improvement work as the Parkland Improvement progresses upon application therefore by the SUBDIVIDER; provided, however, that no such release shall be for an amount less that 25% of the total Parkland Improvement Security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than 50% of the total Parkland/Landscape Improvement Security given for faithful performance until expiration of the maintenance period and final completion and C:\WlNDOWS\TEMP\C.Lotus. Notes. Data\Landscaping BondgAgreement.doc acceptance of the improvement work. In no event shall the Director of Community Services authorize a release of the Parkland/Landscape Improvement Security, which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom lien have been filed and of which notice has been given to the ~egislative body, plus an amount reasonable determined by the Director of Community Services to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 10, the warranty period shall not commence until final acceptance of all work and improvements by the City Council. e. The CITY may retain from any security released, and amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees. '7. Iniury to Public Improvements, Public Properly or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision C:\WlNDOWS\TEMP\C.Lotus. Notes. Data\Landscaping Bon~(~greement.doc monuments which are destroyed or damaged or destroyed by reason of any work done under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public property on public utility property damaged or destroyed by reason of any work done. Under this agreement whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination or such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 8. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDER a. default of SUBDIVIDER shall include, but not be limited to, SUBDIVlDER'S failure to timely commence construction pursuant to this Agreement; SUBDIVlDER'S failure to timely commence construction of the Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure the defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to perform any other obligation under this Agreement. C:\WlNDOWS\TEMP\C.Lotus. Notes. Data\Landscaping Bon~ ~,greement.doc b. The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVlDER'S obligations under this Agreement. The CITY shall have the right, subject to his section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of Parkland/Landscape Improvements and, therefore, CITY damages for SUBDIVIDER'S default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the Parkland/Landscape Improvements in accordance with the Parkland/Landscape Improvement Plans and specifications contained herein. In the event of SUBDIVIDER'S default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for an excess cost or damages occasioned CITY thereby; and, in such event, CITY without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plan and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. C:\WlNDOWS\TEMP\C.Lotus. Notes. Data\Landscaping Bon~ ~,greement.doc c. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this Subsection C is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion of CITY. d. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant this Agreement for a period of one year after expiration of the maintenance period and final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. Where Parkland/Landscape Improvements are to be constructed in phases or sections, the one year warranty period shall commence after CITY acceptance of the last completed improvement. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the Parkland/Landscape Improvement Plans and C:\WlNDOWS\TEMP\C.Lotus. Notes. Data\Landscaping Bon~ ~,greement.doc specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or pads of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. Subdivider Not A.qent of City. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Iniury toWork. Until such time as the Parkland/Landscape Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreement with other subdividers for the appointment of costs of water and sewer mains, or other improvements, pursuant to C:\WlNDOWS\TEMP\C.Lotus. Notes. Data\Landscaping Bon~,~greement.doc the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14. SUBDIVlDER'S Obliqation to Warn Public Durinq Construction. Until final acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. Vestinq of Ownership. Upon acceptance of work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the Director of Community Services after final completion and inspection of all Parkland/Landscape Improvements. The Board of Directors shall act upon the Director of Community Services recommendations within thirty (30) days from the date the Director of Community Services certifies that the work has finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. 17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions or SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Parkland/Landscape Improvements. This indemnification and C:\WlNDOWS\TEMP\C.Lotus. Notes. Data\Landscaping Bon~ ~,greement.doc Agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Parkland/Landscape Improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance of any of the Parkland/Landscape Improvements shall not constitute any assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. CITY shall not be responsible for the design or construction of the Parkland/Landscape Improvements pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any negligent action or inaction taken by the CITY in approving the plans, unless the padicular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the Director of Community Services before approval of the padicular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Parkland/Landscape Improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the CITY of Parkland/Landscape Improvements. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the Parkland/Landscape Improvements installed or work done pursuant to this Agreement and the CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provision of this paragraph. C:\WlNDOWS\TEMP\C.Lotus. Notes. Data\Landscaping Bon~l~greement.doc 18. Sale or Disposition of SUBDIVISION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION to any other person, the SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 19. Time of the Essence. Time is of the essence of this Agreement. 20. Time for Completion of Work Extensions. SUBDIVIDER shall complete construction of the improvements required by this Agreement no later than,~Uc~sT 2003 In the event good cause exists as determined by the City Engineer, and if otherwise permitted under the tentative map condition, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the Director of Community Services. Any such extension may be granted without notice to SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The Director of Community Services shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting or work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of time for completion. As a condition of such extension, the Director of Community Services may require SUBDIVIDER to furnish new security guaranteeing C:\WlNDOWS\TEMP\C.Lotus. Notes. Data\Landscaping Bon~ ~,greement.doc performance of this Agreement as extended in an increased amount as necessary to compensate for an increase in construction costs as determined by the Director of Community Services. 21. No Vestinq of Riqhts. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any change in any zoning or building law or ordinance. 22. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: City Clerk City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Notice to SUBDIVIDER: GREYSTONE HOMES, ]NC. ATTN: BOB DIEHL 391 N~ MAIN STP, EET~ SUITE 301 COR01~, CA 92880 23. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a coud of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the padies. C:\WlNDOWS\TEMP\C.Lotus. Notes. Data\Landscaping Bon~l~,greement.doc 24. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 25. Liti,qation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. 26. Incorporation of Recitals. The recitals to this agreement are hereby incorporated into the terms of this agreement. 27. Leqal Responsibilities. The Subdivider shall keep itself informed of all local, State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The Subdivider 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 Subdivider to comply with this section. 28. Entire Aqreement. This Agreement constitutes the entire Agreement of the padies with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representative of the parties, in the case of the CITY, the appropriate party shall be the City Manager. C:\WIN DOWS\TEMP\C.Lotus. Notes. Data\Landscaping Bon~ ~greement.doc IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Mayor. SUBDIVIDER CITY OF TEMECULA Greystone Homes, Inc. By: a De]~ Corporat'icm By:. Name: ~ Name: Title: Secre t a'~y~ Title: By: Greystone Homes~ Inc. a Delaware~_Lor porat ion Name.'"~~ J Tom Banks Tit]e: Vice President (Proper Notarization of SUBDIVIDER'S signature is required and shall be attached) ATTEST: By: Susan W. Jones, CMC, City Clerk RECOMMENDED FQR APPROVAL: By: Name: City Engineer By: Name: Director of Community Services APPROVED AS TO FORM: By: Peter Thorsen City Attorney C:\WlNDOWS\TEMP\C,Lotus. Notes,Data\Landscaping Bon~(~greement. doc EXHIBIT A (Attach the basis for the estimate of the cost of improvements.) Based on Original Bond 3S~191450600 fro~ A~erican Hotorists Insurance Co. C:\WlNDOWS\TEMP\C.Lotus. Notes. Data\Landscaping Bon~,C, greement.doc REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY FEBRUARY 11, 2003 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:46 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Pratt, Stone, and Naggar ABSENT: 1 AGENCY MEMBER: Roberts Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. In light of Chairman Roberts' absence, Vice Chairman Naggar presided over the meeting. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of January 28, 2003. MOTION: Agency Member Comerchero moved to approve Consent Calendar Item No. 1. The motion was seconded by Agency Member Stone and voice vote reflected approval with exception of Chairman Roberts who was absent. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING 2 Loan Agreement for the Rehabilitation of Rancho Meadows Condominiums RECOMMENDATION: 2.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 03-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A HOUSING REHABILITATION LOAN FOR THE RANCHO MEADOWS HOUSING PROJECT AND RELATED DOCUMENTS 2.2 That the Temecula Redevelopment Agency adopt a resolution entitled: R:'Wlinutes.rda\021103 1 RESOLUTION NO. RDA 03-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY APPROVING A HOUSING REHABILITATION LOAN FOR THE RANCHO MEADOWS HOUSING PROJECT AND RELATED DOCUMENTS Presenting the staff report (of record), Housing and Redevelopment Director Meyer noted the following: · That the loan would be repaid through the lien; that neither the homeowner nor the Homeowners Association would be making payments until such time the unit would be sold or refinanced; that no interest will be charged on the loan; · That if there were a drop in the interest amount, the homeowner would be allowed to refinance; · That the homeowners accepting the affordability covenant will have a $2,800 tien and those not accepting it, will have a $6,500, averaging to $5,000 per unit; · That through a survey conducted by the Homeowners Association, 58 homeowners would qualify for the covenant and would be willing to take it; · That the disbursement of funds would require 40% homeowner participation or 58 of the homeowners accepting an affordability covenant; · That all properties will be requested to accept a lien and a covenant as per State law for use of affordable housing funds; · That the difference in the lien amount was created as a means of creating an incentive to accept the covenant; · That the proportion imposed was one created by the Homeowners Association Board. Executive Director Nelson reiterated that the proposed loan would be a no interest loan until the property is sold and that the $6,500 lien would reflect an estimated benefit of $10,000 to each owner; that 60% of the homeowners do not meet the Iow-to-moderate income covenants; and that the loan will be with the Homeowners Association and, therefore, the owners will not be affected by the lien, held by the Agency, on each individual unit. Mayor/Agency Member Stone noted that the Redevelopment Agency functions as an extension of State government, advising that Agency monies are to be utilized to eliminate blight within the community. At this time, Mayor Pro Tern/Vice Chairman Naggar opened the public hearing. Having witnessed much development in this community, Mr. Ron Perry, 44550 La Paz Road, encouraged the Agency to approve staff's recommendation. Having owned a unit at Rancho Meadows since 1977, Mr. Perry provided a brief overview with regard to the reserve funds of the Rancho Meadows Association and advised that most of the homeowners are in support of the recommendation. Referencing her letter (of record - copies submitted to the City Council), Ms. Pam Powell, 44727 La Paz Road, treasurer of a previous Rancho Meadows Homeowners Association Board, expressed concern with regard to property ownership rights; requested denial of the recommendation as presented; suggested that a fair, reasonable, and equitable loan package without covenants and conditions be structured; noted that the proposed loan would only provide one third of the monies needed to make the necessary rehabilitation improvements; stated that the Rancho Meadows homeowners are being discriminated against; and advised R:Wlinutes.rda\021103 2 that elements of this loan process have violated State/Federal lending regulations, noting that no Truth and Lending Disclosure form has been forward to the homeowners. City Attorney Thorson further clarified the process, noting the following: · That there will be no payment by the owner; that a lien will be placed on the unit; · That when the property is sold, the lien would be paid through the equity; · That the Redevelopment Agency is required to spend its money to eliminate blight in the community; · That 20% of the money is required to be solely spent on the enhancement and generation of Iow/moderate income housing; · That all Redevelopment Agency projects undertaken for Iow/moderation income housing require that property be regulated with a deed restriction for Iow-to-moderate income individual. In closing, Mr. Thorson reiterated the conditions and terms of the loan, clarifying as follows: · That the Agency will require 40% of the homeowners to accept the covenant; · That per State law, the resale restrictions established by the covenants must remain on the units for a 45-year period. At this time, the public hearing was closed. Reiterating that no owner was forced to participate in this process, Councilman/Agency Member Comerchero advised that it was the Homeowners Association that approached the City for assistance. It was noted by Mr. Comerchero that the Truth and Lending Disclosure form would be provided at the appropriate time. Appreciating Ms. Powell's comments, Mayor Pro TemNice Chairman Naggar relayed his support of this loan package, commenting on this community's blight and need for assistance. Viewing this project as an appropriate use of Redevelopment Agency funds - to eliminate blight, Mayor/Agency Member Stone relayed his support of the recommendation. MOTION: Mayor Pro TemNice Chairman Naggar moved to approve staff recommendation. The motion was seconded by Councilman/Agency Member Comerchero and voice vote reflected approval with the exception of Chairman/Agency Member Roberts who was absent. 3 Affirmed Housin,q Sixth Street Homeownership Proiect RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO, 03-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETVVEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND AFFIRMED HOUSING PARTNERS - TEMECULA, LLC (SIXTH STREET HOUSING PROJECT) R:~Minutes.rda\021103 3 3.2 That the Redevelopment Agency Board adopt a resolution entitled: RESOLUTION NO. RDA 03-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETVVEEN THE AGENCY AND AFFIRMED HOUSING PARTNERS - TEMECULA, LLC (SIXTH STREET HOUSING PROJECT) Housing and Redevelopment Director Meyer reviewed the staff report (of record). At this time, the public hearing was opened. Mr. Jim Silverwood, representing Affirmed Housing Partnership, 200 East Washington Avenue, Suite 208, Escondido, relayed his support of staff's recommendation as well as the City Attorney's recommendation for an amendment to the Disposition and Development Agreement. There being no additional public input, the public hearing was closed. Mayor Pro TemNice Chairman Naggar requested assurance that the citizens of this City be given top priority for the purchase of these homes. Relaying his support of the recommendation, Councilman/Agency Member Comerchero commented that the construction of single-family detached homes is a more unusual use of Redevelopment Housing funds. MOTION: Mayor Pro TemNice Chairman Naggar moved to approve staff recommendation. The motion was seconded by Councilman/Agency Member Comerchero and voice vote reflected approval with the exception of Councilman/Chairman Roberts who was absent. 4 Habitat for Humanity of the Inland Valleys, Inc. Housinq Proiect RECOMMENDATION: 4.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 03-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND HABITAT FOR HUMANITY 4.2 That the Temecula Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 03-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND HABITAT FOR HUMANITY R:~Minutes. rda\021103 4 Reviewing the staff report (as per agenda material), Housing and Redevelopment Director Meyer advised that the previously approved project would be sold between median/moderate and that the proposed project would be sold at the very Iow/Iow income level and that the qualifying requirements for this particular project are stricter than those of the previous project. City Attorney Thorson noted that although there are different restrictions in terms of the income levels, the general restrictions and regulatory agreement are the same for all Redevelopment Agency projects being considered this evening. Executive Director Nelson noted that the City would be absorbing the cost associated with subdividing the lots. At this time, the public hearing was opened. Mr. Chuck Washington, 31205 Kahwea Street, commended and thanked the City on its aggressiveness in addressing affordable housing within the community. There being no additional public input, the public hearing was closed. MOTION: Councilman/Agency Member Comerchero moved to approve staff recommendation. The motion was seconded by Mayor Pro TemNice Chairman Naggar and voice vote reflected approval with the exception of Councilman/Chairman Roberts who was absent. At this time, the City Council meeting was recessed. EXECUTIVE DIRECTOR'S REPORT Appreciating the partnership with Habitat for Humanity, Executive Director Nelson relayed his delight with giving individuals the opportunity to have the pride to be able to own their homes. AGENCY MEMBERS' REPORTS Agency Member Stone requested that the Council agenda be amended to reflect a Commission recommendation section. ADJOURNMENT At §:32 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, February 25, 2003, in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Roberts, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:~Minutes.rda\021103 5 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY FEBRUARY 25, 2003 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:33 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Naggar, Pratt, Stone, and Roberts ABSENT: 0 AGENCY MEMBER: None Aisc present were Executive Director Nelson, City Attorney Thorson, and Deputy City Clerk Ballreich. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 First Amendment to the Exclusive Ne.qotiatin,q A,qreement with ACK Group, LLC RECOMMENDATION: 1.1 Approve the First Amendment to the Exclusive Negotiating Agreement between Agency and ACK Group LLC. 2 Consideration of Cost Sharin,q for Upgrade of Auto Mall Sign RECOMMENDATION: 2.1 Approve the Ownership Participation Agreement with the Temecula Auto Dealer's Association for upgrades to the freeway Auto Mall sign. Agency Member Pratt relayed his opposition to the City paying for such sign and that the Auto Dealer Association should be responsible for the sign. 3 Approval of the 2002-03 Mid-Year Bud.qet Adjustments RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. RDA 03-05 A RESOLUTION OF THE TEMECULA REDEVELOPMENT AGENCY AMENDING THE FISCAL YEAR 2002-03 ANNUAL OPERATING BUDGET R:~linutes.rda\021103 I MOTION: Agency Member Stone moved to approve Consent Calendar Item Nos. I and 2. The motion was seconded by Agency Member Naggar and voice vote reflected with the exception of Agency Member Pratt who abstained with regard to Item No. 2. DEPARTMENTAL REPORT No additional comments. EXECUTIVE DIRECTOR'S REPORT No additional comment. AGENCY MEMBERS' REPORTS No additional comment. ADJOURNMENT At 7:34 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, March 18, 2003, in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Robe,s, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:'~vlinutes.rda\021103 2 ITEM 2 APPROVAL ~r)//~ ' ~"~- I CITY ATTORNEY DIRECTOR OF FINAN"CE CITY MANAGER :(//~'~-"--'- TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Redevelopment Director (~/t'/I DATE: March 18, 2003 SUBJECT: Purchase and Sale Agreement for a Commercial Site in Old Town RECOMMENDATION: Adopt a Resolution entitled: RESOLUTION NO. RDA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY LOCATED AT 28690 MERCEDES STREET IN THE CITY OF TEMECULA BACKGROUND: Based on earlier Agency Board direction, staff has prepared the necessary purchase documents to acquire the property at 28690 Mercedes Street (APNs 922- 042-004 and 005). The subject property, commonly known as Musician's Workshop, was deeded to the Theater Foundation late last year. The Foundation has proposed to deed the property to the Agency in return for its contribution to be reduced from $1 million to $750,000. Staff has reviewed a recent appraisal completed for Mr. Stephenson, which values the property at $305,000. The appraisal was done by a MAJ., State Certified Appraiser and staff is satisfied with the value established in the report. This transaction will allow the Agency to acquire the property without a direct expenditure of funds at this time. The Agency would need to allocate additional funds to the theater project during the upcoming Capital Improvement Program. The ultimate re-use of the property is undecided at this time. However, staff believes it is in the Agency's best interest to control the property. The last tenant has substantially upgraded the 1,500+/- square foot building. Therefore, in the interim, the building could be leased to a business or local non-profit. In addition, there is ample reom to provide additional off-street public parking for Old Town if the need arises. A Phase 1 Environmental Assessment will be conducted on the parcel to determine the presence of any hazardous waste or unacceptable soil conditions. Escrow will not close until this assessment is completed and determines the property is free of any contamination. There R:\Oldtown\OTACQ~PSA Mercedes Proper~ 3 - 18-03.doc I will be other costs associated with escrow, closing costs and related inspections, estimated at not to exceed $20,000. Because the building is vacant, there are no relocation costs. FISCAL IMPACT: The $20,000 cost will be funded through the CIP Old Town District Parking Lot, which currently contains $171,400 in FY 2002-03. The $250,000 reduction from the Theater Foundation contribution will be made up by the Agency through the upcoming CIP process. ATTACHMENTS: 1. Resolution No. 03- 2. Purchase and Sale Agreement 3. Vicinity Map R:\Oldtown\OTACQ~PSA Mercedes Property 3 - 18-03.doc2 ATTACHMENT NO. 1 RESOLUTION R:\Oldtown\OTACQ~PSA Mercedes Property 3-18-03.doc3 RESOLUTION NO. RDA 03- __ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" FOR CERTAIN REAL PROPERTY LOCATED AT 28690 MERCEDES STREET IN THE CITY OF TEMECULA THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby finds, determines and declares that: a. The Agency is currently implementing the Redevelopment Plan for Redevelopment Project No. 1--1988, originally approved by the Board of Supervisors of Riverside County on July 12, 1988 prior to incorporation of the City of Temecula and subsequently approved and transferred to the Redevelopment Agency of the City of Temecula on April 9, 1991 (the "Plan"). b. The Agency proposes to purchase the property described in the "Purchase and Sale Agreement and Escrow Instructions" attached hereto as Exhibit A. and located at 28690 Mercedes Street in the City of Temecula (APN 922-042-004, 005,) for redevelopment purposes consistent with the Agency authority under the Plan and the Community Redevelopment Act, Health and Safety Code Section 33000 et seq. c. The Agreement is consistent with the Plan and with the Implementation Plan adopted by the Agency. d. The Agency Board has duly considered all terms and conditions of the proposed Agreement and believes that such agreement is in the best interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. e. This action is being undertaken pursuant to the Plan for which a full and complete Environmental Impact Report was prepared and certified prior to adoption of the Plan. Moreover the acquisition of property by itself will have no impact on the environment as it is simply the change in ownership of the property without a change in the physical condition ofthe property. None ofthe conditions described in 14 Cal. Admin. Code§ 15162 are found to exist. Therefore, pursuant to the provisions of CEQA and, specifically, 14 Cal. Admin. Code §§ 15162 and 15180, neither a subsequent nor a supplemental Environmental Impact Report is required for the subject agreement. R:\Oldtown\OTACQ~Resomercedes.doc Section 2. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain "Pumhase and Sale Agreement and Escrow Instructions" between the Redevelopment Agency of the City of Temecula, a public body corporate and politic, and The Theater Foundation, which Purchase Agreement is dated as of March 18, 2003. The Chairperson of the Agency is hereby authorized and directed to execute the Agreement on behalf of the Agency. R:\Oldtowa\OTACQ~.esomcrccdes.doc PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Redevelopment Agency this 18th day of March, 2003. Ron Roberts, Chairperson ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, Susan W. Jones, CMC, Secretary of the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. RDA 03- was duly and regularly adopted by the Board of Directors of the Temecula Redevelopment Agency at a regular meeting thereof held on the 18th day of March, 2003, by the following vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Susan W. Jones, CMC City Clerk/Agency Secretary R:\Oldtown\OTACQ~Resomercedes.doc ATTACHMENT NO. 2 PURCHASE AND SALE AGREEMENT R:\Oldtown\OTACQ~PSA Mereedes Propcr~y 3-18-03.doc4 PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (Theater Foundation Property) THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of March 18, 2003 by and between THE THEATER FOUNDATION, a California non-profit corporation ("Seller"), and THE CITY OF TEMECULA, a municipal corporation ("Buyer"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). In consideration of the mutual promises and premises herein, the parties hereto agree as follows: 1. Purchase and Sale. On the Close of Escrow (as herein defined), Seller agrees to sell the Property to Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions hereinafter set forth. Buyer intends to use the Property for public purposes. 2. Purchase Price. The total purchase price for the Property to be paid by Buyer is the sum of ten dollars ($10.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of Escrow. 3. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder shall order from First American Title Company ("Title Company") a title commitment for the Property. Escrow Holder shall also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to Buyer and Seller. Buyer's fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the fair market value of the Property, three hundred thousand dollars ($300,000.00) (the "Policy"). The Policy of title insurance provided for pursuant to this Section shall insure Buyer's fee interest in the Property free and clear of all liens, encumbrances, restrictions, and rights-of-way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): (a) The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and (b) Those non-monetary exceptions approved by Buyer within fifteen (15) business days after the date Buyer receives the title commitment and legible copies of all instruments noted as exceptions therein. If Buyer unconditionally disapproves any such exceptions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If Buyer conditionally -1-- R:\Oldtown\OTACQ\TRDA Put_Sale Musicians Workshop. DOC disapproves any such exceptions, then Seller shall use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non-monetary exceptions are not removed by the Close of Escrow, Buyer may, at Buyer's option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee title to the Property shall be free and clear of all monetary encumbrances. 4. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller, granting and conveying to Buyer the Property. The Grant Deed shall be in a form satisfactory to Buyer and Buyer's counsel and shall be accepted by Buyer prior to recording. 5. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: (a) Title Company can issue in favor of Buyer the Policy, showing the Property vested in Buyer subject only to the Permitted Title Exceptions. (b) Escrow Holder shall have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for in Section 11; and (c) Seller shall have deposited in Escrow the Grant Deed required by Section 4. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed. 6. Escrow. The parties hereby establish an escrow ("Escrow") to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from Buyer and Seller. Close of Escrow shall be the date upon which the Grant Deed to Buyer is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date which is not later than the first business day occurring sixty (60) days after the date of this Agreement, or such earlier date as the parties may agree. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever shall be solely that of Seller. Buyer shall pay all escrow costs. 7. Escrow Charges. Buyer shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow -2-- R:\Oldtown\OTACQ\TRDA Pur_Sale Musicians Workshop. DOC Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Buyer shall pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either party, Buyer shall pay all Escrow cancellation charges. 8. License to Enter. Seller hereby grants to Buyer and Buyer's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property and an environmental site assessment thereof. Buyer shall give Seller reasonable notice before going on the the Property. Buyer does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with Buyer's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If Buyer fails to acquire the Property due to Buyer's default, this license shall terminate upon the termination of Buyer's right to purchase the Property. In such event, Buyer shall remove or cause to be removed all Buyer's personal property, facilities, tools and equipment from the Property. 9. Warranties and Representations of Seller. Seller hereby represents and warrants to Buyer the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: (a) That (i) on the Close of Escrow the Property shall be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; (iii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations To this end, it is agreed that notwithstanding the conveyance of the Property to Buyer, Seller shall indemnify, protect, defend and hold harmless Buyer from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or agency requiring the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. -3- R:\Oldtown\OTACQWRDA Put_Sale Musicians Workshop. DOC (b) That Seller is the sole owner of the Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller shall not further encumber the Property or allow the Property or to be further encumbered prior to the Close of Escrow. (c) Neither this Agreement nor anything provided to be done hereunder including the transfer of the Property to Buyer, violates or shall violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. (d) There are no mechanics', materialmen's or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. (e) There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons have any right of possession to the Property or any part thereof. (f) Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal which is in any way related to the Property. 10. FULL PAYMENT OF ALL OBLIGATIONS OF CITY. It is understood and agreed between Seller and Buyer that the payments made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment for just compensation for the acquisition of all property interests pertaining to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attorney's fees, interest, expenses of litigation, expert's fees, precondemnation damages, inverse condemnation, owner participation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Buyer has advised Seller of the possible availability of such relocation -4- R:\Oldtown\OTACQWRDA Pur_Sale Musicians Workshop. DOC assistance rights to Seller and that the waiver of all rights by Seller herein set forth as free and voluntary. 11. Buyer's Contingencies. For the benefit of Buyer, the Closing of Escrow and the Buyer's obligation to consummate the purchase of the Property shall be contingent upon and subject to the occurrence of all of the following (or Buyer's written waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or before the Close of Escrow: (a) That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. (b) The delivery of all documents pursuant to Section 4 hereofi (c) Title Company's commitment to issue in favor of Buyer of a CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing Buyer's fee interest in the Property subject only to the Permitted Title Exceptions. (d) Buyer's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property or the underlying real property that Buyer might perform prior to the Close of Escrow. 12. Certification of Non-Foreign Status. Seller covenants to deliver to Escrow a certification of Non-Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 13. Default. In the event of a breach or default under this Agreement by either Buyer or Seller, the non-defaulting party shall have, in addition to all rights available at law or equity, the fight to terminate this Agreement and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if Buyer is the non-defaulting party, Buyer shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity. 14. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, retum receipt requested, or (c) one (1) business day following deposit with an ovemight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: -5- R:\Oldtown\OTACQ\TRDA Pur_Sale Musicians Workshop. DOC BUYER: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attn: City Manager COPY TO: Richards, Watson & Gershon 355 South Grand Avenue, 40th FI. Los Angeles, California 90071 Attn: Peter M. Thorson, Esq. SELLER: The Theater Foundation ESCROW First American Title Company HOLDER 3625 Fourteenth Street Riverside, CA 92502 15. Broker's Commissions. Seller shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise as a result of Seller's actions with respect to the Property. Buyer shall not be liable for any such fees or claims and Seller shall indemnify Buyer, its officers, employees and agents, from any and all costs, liabilities or judgments, including attomeys' fees, incurred in defending or paying any such claims. 16. Further Instructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 17. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Buyer and Seller and deposited with Escrow Holder. 18. Miscellaneous (a) Applicable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. (b) Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Buyer and Seller on the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any representation, warranty, guaranty or promise R:\Oldtown\OTACQ\TRDA Put_Sale Musicians Workshop. DOC except as set forth herein; and no agreement, statement, representation or promise made by any such person which is not contained herein shall be valid or binding on Seller or Buyer. (c) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. (d) Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. (e) Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies. (f) Interpretation and Construction. The parties agree that each party has reviewed and revised this Agreement and have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association where ever the context so requires. The recitals and captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. (g) Ci.ty Manager Authority. The City Manager is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessary or convenient to implement the terms of this Agreement. (h) Authority to Execute. Each of the parties represents and warrants to the other that all actions necessary for the approval of this Agreement by the parties has been duly completed and that each of the persons signing this Agreement below has been duly authorized to execute this Agreement on behalf of his or her principal. 19. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the -7- R:\Oldtown\OTACQ\TRDA Put_Sale Musicians Workshop. DOC prevailing party, whether by suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees from the other party. 20. Assignment. Buyer may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation shall not relieve Buyer of any of its obligations under this Agreement. 21. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Section 8, 9, 10, and 15 hereof, and Buyer and Seller release Escrow Holder from liability or obligation as to Section 8, 9, 10, and 15 hereof. ///// ///// -8- R:\Oldtown\OTACQ\TRDA Put_Sale Musicians Workshop. DOC IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SELLER THETHEATERFOUNDATION By:. Name: Position: By: Name: Position: BUYER CITY OF TEMECULA, a municipal corporation: Jeff Stone, Mayor ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary APPROVED AS TO FORM: By Peter M. Thorson City Attorney -9- R:\Oldtown\OTACQ\TRDA Put_Sale Musicians Workshop. DOC EXHIBIT "A" Legal Description of the Property -10-- R:\Oldtown\OTACQ\TRDA Put_Sale Musicians Workshop. DOC ATTACHMENT NO. 3 VICINITY MAP City of Temecula ect Site ITEM 3 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Redevelopment Director DATE: March 18, 2003 SUBJECT: Old Town Identification Signs RECOMMENDATION: Direct Staff to proceed with the installation of the additional identification signs in Old Town. BACKGROUND: In response to finding better ways to inform Old Town visitors of businesses along the side streets, we are proposing to expand the existing identification signs. Currently, there is one sign at each intersection identifying additional shops to the east side of Old Town Front Street. This proposal will identify uses beyond "shops" and restaurants" and will include additional signs noting "offices" and "services" where applicable. The proposal is consistent with direction received from the City Attorney and our Development Codes. The attached exhibit shows how the proposed signs will look. FISCAL IMPACT: The cost of additional signage is estimated at around $1,000 and will be paid from Account 280-199-999-5250, Other Outside Services. ATTACHMENTS: 1. Sign Exhibit R:\Oldtown~signs\Oldtownidenti fsigns.doc I TEMECULA PUBLIC FINANCING AUTHORITY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY JANUARY 28, 2003 A regular meeting of the City of Temecula Public Financing Authority was called to order at 8:09 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Pratt, Naggar, Roberts, and Stone ABSENT: 0 AGENCY MEMBER: None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of September 24, 2002. 2 Formation of Community Facilities District - Crowne Hill RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 03-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN - CROWNE HILL 2.2 Adopt a resolution entitled: RESOLUTION NO, TPFA 03-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED TEMECULAL PUBOLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO, 03-1 (CROWNE HILL) R:minutes.tpfa\012803 1 MOTION: Agency Member Stone moved to approve Consent Calendar Item Nos. 1 and 2. The motion was seconded by Board Member Naggar and voice vote reflected unanimous approval. EXECUTIVE DIRECTOR'S REPORT No comments. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 8:10 P.M., the Temecula Public Financing Authority meeting was formally adjourned. Jeffrey E. Stone, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:minutes.tpfa\012803 2 ITEM 2 CITY ATTORNEY ~" ¥~'// DIRECTOR OF FINANCE ~ CITY MANAGER ~_~ TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Temecula Public Financing Authority FROM: Executive Director Shawn Nelson DATE: March 18, 2003 SUBJECT: Formation of Community Facilities District - Wolf Creek RECOMMENDATION: 1. That the Authority adopts the resolutions entitled: RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN - WOLF CREEK RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 01-3 (WOLF CREEK) BACKGROUND: S-P Murdy, LLC, a California limited liability company (the "Landowner") has requested that the Authority form a community facilities district to (i) assist in the funding of various public improvements necessitated by the construction of the Wolf Creek subdivision or otherwise satisfying obligations arising from the development, and (ii) provide a means to fund the costs of maintenance services for a drainage channel. The City and the Redevelopment Agency created the Authority in 2001, by execution of a joint exercise of powers agreement, to provide an independent governmental entity that could consider the formation of community facilities districts and act as the issuer of any community facilities district bonds. The Authority will consider the adoption of two resolutions related to the formation of a community facilities district ("CFD"). The CFD will only include land owned by the Landowner, who has submitted a petition to the Authority requesting the formation of the CFD. R:lFinance~Agendas~03 AgendaslWolf Creek CFD TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT Subiect: Formation of Community Facilities District - Wolf Creek March 18, 2003 Page 2 The Landowner has agreed to pay all City and Authority costs related to the proposed CFD formation and bond issue, and has previously entered into a deposit/reimbursement agreement with the City and the Authority with respect thereto. The bonds would be payable solely from special taxes levied on land in the CFD and collected by the Authority. SPECIFIC ACTIONS: In order to be in a position to consider the formation of the community facilities district in April of this year, the Authority will consider adoption of two resolutions of intention relative to the proposed community facilities district. These resolutions call for public hearings on April 22, 2003 on the formation of the community facilities district and the issuance of bonds, and otherwise specify the boundaries of the CFD (by reference to a map on file with the City Clerk, as Secretary of the Authority), the rate and method of apportionment of special taxes to be levied solely on land in the CFD to repay the bonds and pay for the maintenance services, and describe in general terms the improvements and services to be financed. FISCAL IMPACT: The Landowner has agreed to pay all out of pocket expenses incurred relative to the proposed financing. Costs of issuance of the proposed bond issue will be paid from the proceeds of the bonds to be issued by the Authority. All annual costs of administering the bonds issued will be paid by special taxes levied on the properties in the community facilities district. The bonds will not be obligations of the City or the Redevelopment Agency, but will be limited obligations of the Authority, payable solely from special taxes levied on land in the community facilities district. Attachments: Resolutions (2) RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN - WOLF CREEK WHEREAS, under the Mello-Roos Community Facilities Act of 1982, constituting Section 53311 et seq. of the California Government Code (the "Law"), this Board of Directors may commence proceedings for the establishment of a community facilities district; and WHEREAS, there have been submitted to this Board of Directors a Petition (Including Waiver) of S-P Murdy, LLC (the "Petition"), requesting the formation by this Board of Directors of a community facilities district under the Law to be known as the Temecula Public Financing Authority Community Facilities District No. 01-3 (Wolf Creek) (the "District"); and WHEREAS, under the Law, this Board of Directors is the legislative body for the proposed District and is empowered with the authority to establish the District and levy special taxes within the District; and WHEREAS, this Board of Directors now desires to proceed with the actions necessary to consider the establishment of the District. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. This Board of Directors proposes to begin the proceedings necessary to establish the District pursuant to the Law. Receipt of the Petition to form the District is hereby acknowledged. Section 2. The name proposed for the District is Temecula Public Financing Authority Community Facilities District No. 01-3 (Wolf Creek). Section 3. The proposed boundaries of the District are as shown on the map of the District on file with the Secretary, which boundaries are hereby preliminarily approved. The Secretary is hereby directed to record, or cause to be recorded, the map of the boundaries of the District in the office of the County Recorder as soon as practicable after the adoption of this Resolution. Section 4. The types of public facilities (the "Facilities") and the maintenance services (the "Services") proposed to be eligible for funding by the District and pursuant to the Law shall consist of those items listed on Exhibit A hereto under the headings "Facilities" and "Services," respectively, which Exhibit is by this reference incorporated herein. The Executive Director is hereby authorized and directed to enter into a joint community facilities agreement with the City of Temecula, the Riverside County Flood Control and Water Conservation District and any other public entity that will own and/or operate any of the Facilities or provide such Services, such agreements to be in a form provided by Bond Counsel. R:FFPFA Resos 2003/TPFA 03-__ 1 Section 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities and the Services and/or pay the principal and interest as it becomes due on bonds of the District issued to pay for the Facilities and the Services, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied within the District and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, and which specifies the tax year after which no further special tax will be levied on land used for private residential purposes and which otherwise complies with applicable provisions of the Law is described in Exhibit B attached hereto which Exhibit is by this reference incorporated herein. This Board of Directors finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the California Government Code (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the District. Section 6. It is the intention of this Board of Directors, acting as the legislative body for the District, to cause bonds of the Authority to be issued for the District pursuant to the Law to finance a portion of the costs of the Facilities and the Services. If so issued, the bonds shall be in the aggregate principal amount of not to exceed $25,000,000, shall bear interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. Section 7. This Board of Directors reserves to itself the right and authority to allow any interested owner of property in the District, subject to the provisions of Section 53344.1 of the California Government Code and such requirements as it may otherwise impose, and any applicable prepayment penalties as prescribed in the indenture or fiscal agent agreement for any bonds of the Authority for the District, to tender to the Treasurer of the Authority in full payment or part payment of any installment of special taxes or the interest or penalties thereon which may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, in the manner described in Section 53344.1 of the California Government Code. Section 8. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in the proposed District, with each owner having one vote for each acre or portion of an acre of land such owner owns in the District. Section 9. Except as may otherwise be provided by law or the rate and method of apportionment of the special tax for the District, all lands owned by any public entity, including the United States, the State of California and/or the City of Temecula, or any departments or political subdivisions of any thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities and the Services, the issuance of bonds by the Authority for the District and any expenses of the District. R:/TPFA Resos 2003/TPFA Resos 03-__ 2 Section 10. The Director of Public Works of the City of Temecula is hereby directed to study said proposed Facilities and Services and to make, or cause to be made, and file with the Secretary a report in writing, presenting the following: (a) A brief description of the Facilities and the Services. (b) An estimate of the fair and reasonable cost of providing the Facilities and the Services, including the incidental expenses in connection therewith, including the costs of the proposed bond financing, any Authority or City of Temecula administrative costs and all other related costs. Said report shall be made a part of the record of the public hearing provided for below. Section 11. Tuesday, April 22, 2003, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Board of Directors, City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special tax. Section 12. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit C hereto. Section 13. The firms of Fieldman, Rolapp & Associates, Albert A. Webb Associates, Stone & Youngberg LLC, Stephen G. White, MAI, Quint & Thimmig LLP and McFarlin & Anderson are hereby designated as financial advisor, special tax consultant, underwriter, appraiser, bond counsel and disclosure counsel, respectively, to the Authority for the District. The Executive Director is hereby authorized to execute agreements with said firms for their services related to the District provided that all fees and expenses of such firms are payable solely from deposits by the landowners in the District or the proceeds of the bonds, if any, issued by the Authority for the District. Section 14. On January 23, 2001, the City Council of the City of Temecula approved the Wolf Creek Project and specifically adopted Resolution No. 01-11 making certain findings with respect to the approval and certification of an Environmental Impact Report for the Project ('~/Volf Creek EIR"). The Wolf Creek Project was challenged in litigation which resulted in an appellate decision in favor of the City upholding the Project. All of the public improvements which are to be funded under the proposed Temecula Public Financing Authority Community Facilities District No. 01-03 (Wolf Creek) were described, evaluated and studied as part of the Wolf Creek EIR and Council Resolution No. 01-11. No significant changes have occurred with respect to the project or the environment which require further study or which render invalid the conclusions and findings of the Wolf Creek EIR. No facts exist upon which any findings pursuant to Sections15162, 15263 or 15265 of the State CEQA Guidelines could be based to require the preparation of a subsequent EIR, supplemental EIR or addendum to an EIR. Therefore, the Board of Directors hereby determines that the contemplated formation of a community facilities district and the issuance of community facilities district special tax bonds involving the Authority and the District, in accordance with Section 15061(b) of the California Environmental Quality Act (CEQA) Guidelines is not a "Project" as defined in Section 15378 of the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. Pursuant to R:/TPFA Resos 2003/TPFA Resos 03-_ 3 CEQA Guidelines Sections 15061(d) and 15062, the Secretary is hereby directed to cause a Notice of Exemption to be prepared, executed and filed in regard to the foregoing determination. R:/'I'PFA Resos 2003fTPFA Resos 03-__ 4 Section 15. This Resolution shall take effect upon its adoption. PASSED APPROVED AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 18 h day of March, 2003. Jeffrey E. Stone, Chairperson ATTEST: Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 03- was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 18th day of March, 2003, by the following vote: AYES: 5 BOARDMEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts NOES: 0 BOARDMEMBERS: None ABSENT: 0 BOARDMEMBERS: None ABSTAIN: 0 BOARDMEMBERS: None Susan W. Jones, CMC City Clerk/Authority Secretary R:/TPFA Resos 2003/TPFA Resos 03-__ 5 EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 01-3 (WOLF CREEK) DESCRIPTION OF FACILITIES AND SERVICES TO BE FUNDED BY THE DISTRICT FACILITIES The CFD may finance all or a portion of the costs of the following: 1. Loma Linda Storm Drain Construct Loma Linda storm drain from Pechanga Parkway to "A' Street a distance of approximately 2020 feet including pipe, manholes, catch basins laterals and other appurtenant improvements necessary to complete the Loma Linda Storm Drain. 2. Wolf Valley Road Construct Wolf Valley Road from Pechanga Parkway to the northeasterly city limits of the City of Temecula, a distance of approximately 3510 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks, streetlights and other appurtenant improvements necessary to complete Wolf Valley Road. 3. "A" Street Construct "A" Street from Loma Linda Road to Interior Loop Road - North, a. distance of approximately 1480 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks, streetlights and other appurtenant improvements necessary to complete "A" Street. 4. Interior Loop Road - North Construct Interior Loop Road - North from Wolf Valley Road to Pechanga Parkway, a distance of approximately 3700 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks, streetlights and other appurtenant improvements necessary to complete Interior Loop Road - North. 5. Interior Loop Road - South Construct Interior Loop Road - South from Pechanga Parkway to Wolf Valley Road, a distance of approximately 4660 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks, streetlights and other appurtenant improvements necessary to construct Interior Loop Road - South. 6. Linear Park and Nodes Construct Linear Park and three Nodes adjacent to Interior Loop Road - North and Interior Loop Road - South through the entire limits of the Wolf Creek project including grading, landscaping, walkways and other appurtenant improvements necessary to Construct the Linear Park and Nodes. A-1 7. Six-Acre Neighborhood Park Planning Area No. II Construct the Six-Acre Neighborhood Park at the northeast intersection of Wolf Valley Road and Interior Loop Road - North including grading, landscaping, walkways, equipment and other appurtenant improvements necessary to construct the Six-Acre Neighborhood Park. 8. Wolf Creek Fire Station Construction of a fire station located at the southeast corner of Wolf Valley Road and Interior Loop Road - South. 9. Pechanqa Parkway Construction of Pechanga Parkway between State Route 79 - South and Deer Hollow Way including grading, paving, storm drains, curb and gutter, sidewalk, soundwalls and other appurtenant improvements necessary to complete construction of Pechanga Parkway. 10. Sports Park Improvements Acquisition and installation of artificial turf and appurtenances for the Temecula Sports Complex. 11. Public Art Acquisition, construction and installation of art work in public facilities and on public land within the City of Temecula. The Facilities shall include the acquisition of right-of-way, the costs of design, engineering and planning, the costs of any environmental or traffic studies, surveys or other reports, the cost of any required environmental mitigation and any required noise mitigation measures, landscaping and irrigation, soils testing, permits, plan check and inspection fees, insurance, legal and related overhead costs, coordination and supervision and any other costs or appurtenances related to any of the foregoing. SERVICES Maintenance of a drainage channel identified in the Wolf Creek Specific Plan adopted by the City Council of the City on January 23, 2001, including but not limited to salaries of City staff related to and a proportionate share of City overhead costs in connection with providing such services. OTHER The CFD may also finance any of the following: 1. Bond related expenses, including underwriter's discount, reserve fund, capitalized interest, bond and disclosure counsel and all other incidental expenses. 2. Administrative fees of the Authority, the City of Temecula and the bond trustee or fiscal agent related to the CFD and any bonded indebtedness of the CFD. A-2 3. Reimbursement of costs related to the formation of the CFD advanced by the Authority, the City or any related entity, or any landowner or developer within the CFD, as well as reimbursement of any costs advanced by the Authority or any related entity, or any landowner or developer within the CFD, for facilities, fees or other purposes or costs of the CFD. A-3 EXHIBIT B TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 01-3 (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. 01-3 (Wolf Creek), ("CFD"). The amount of Special Tax to be levied in each Fiscal Year, commencing in Fiscal Year 2003-2004 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. B-1 "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 Ist 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. "Authority" means the Temecula Public Financing Authority. "Backup Special Tax" means the Special Tax A applicable to each Parcel of Developed Property, as determine in accordance with Section C.l.b. below. "Board of Directors" means the Board of Directors of the Authority, acting as the legislative body of the CFD. "Bonds" means any bonds or other indebtedness (as defined in the Act) issued by the CFD and secured by the levy of Special Taxes. "CFD" means Community Facilities District No. 01-3 (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 Ist 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. B-2 "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. "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 2® 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, er 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 or Backup Special Tax is the same for all Parcels of B-3 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 st 1 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. "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 Pamel or other appropriate means selected by the CFD Administrator. Once such determination has been made for a parcel, it shall remain fixed in all future Fiscal Years. "Residential Property" means all Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Special Tax(es)" means Special Tax A or Special Tax B. "Special Tax A" means the Special Tax to be levied in each Fiscal Year on each Parcel of Developed Property, Approved Property, Undeveloped Property, Property Owner Association Property and Public Property that is not Exempt Property pursuant to the provisions in Section E., to fund the Special Tax A Requirement, and shall include Special Taxes levied or to be levied under Sections D., below. "Special Tax B" means the Special Tax to be levied in each Fiscal Year on each Parcel of Developed Property, Approved Property, Undeveloped Property, Property Owner Association Property and Public Property that is not Exempt Property pursuant to the provisions in Section E., to fund the Special Tax B Requirement, and shall include Special Taxes levied or to be levied under Sections D., below. "Special Tax A Requirement" means that amount required in any Fiscal Year to pay: (i) annual debt service on all outstanding Bonds due in the calendar year which commences in such Fiscal Year; (ii) periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) Administrative Expenses; (iv) an amount equal to any anticipated shortfall due to Special Tax A delinquency in the prior Fiscal Year; and (v) any amounts required to establish or replenish any reserve funds for the outstanding Bonds; less (vi) a credit for funds available to reduce the annual Special Tax A levy as determined pursuant to the Indenture. "Special Tax B Requirement" means that amount required in any Fiscal Year to pay the estimated costs of providing services, including the salaries of City staff related to and a proportionate share of City overhead costs, for the maintenance of the Flood Control Channel in an amount not to exceed $100,000 for Fiscal Year 2003-2004, increasing by 2% each Fiscal Year there after. B-4 "Taxable Property" means all Parcels in the CFD which are not exempt from the Special Tax pursuant to law or Section E., below. "Total Floor Area" means for any Parcel identified as Multiple Land Use Property pursuant to Section C.l.c., below, the sum of the Residential Floor Area and Non-Residential Floor Area. "Undeveloped Property" means all Taxable Property not classified as Developed Property, Approved Property, Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E. B. ASSIGNMENT TO LAND USE CATEGORY Each Fiscal Year, commencing with the 2003-2004 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 $56.00 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 2003-2004. 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. Assiqned Special Tax The Assigned Special Tax for each Parcel of Developed Property, except Multiple Land Use Property, is shown in Table 1., below. B-5 TABLE 1 Assigned Special Taxes for Developed Property Ass gned Taxable Sp. eca ~x ~e[ Eand Use Cate~]ory Unit Res~denba F oor Area Taxab e Umt A - Residential Property D/U 4,000 or moro sq. ft. $1,864 B - Residential Properly D/U 3,600 or more, but less than 4,000 sq. ft. $1,377 C - Residential Property D/U 3,200 or more, but less than 3,600 sq. ft. $1,161 D - Residential Property D/U 2,800 or moro, but less than 3,200 sq. ft. $922 E - Residential Property D/U 2,400 or moro, but less than 2,800 sq. ft. $773 F - Residential Property D/U 2,000 or more, but less than 2,400 sq. ft. $599 G - Residential Property D/U 1,600 or more, but less than 2,000 sq. ft. $368 H - Residential Property D/U Less than 1,600 sq. ft. $250 I - Multifamily Residential Property Acre N/A $6,404 J - Non-Residential Property Acre N/A $6,404 b. Backup Special Tax The Backup Special Tax shall be $6,404 per Acre for Parcels of Developed Property that are included in a Final Map. Notwithstanding the foregoing, if parcels of Residential property are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax shall be recalculated. c. Multiple Land Use Property In some instances a Parcel of Developed Property may contain more than one Land Use Category. The Assigned Special Tax levied on such a Parcel shall be the sum of the Assigned Special Tax levies for all Land Use Categories located on that Parcel. The Backup Special Tax A levied on a Parcel shall be the sum of the Backup Special Tax A levies that can be imposed on all Land Use Categories located on that Parcel. The Maximum Special Tax A levied on a Parcel shall be the sum of the Maximum Special Tax A levies that can be imposed on all Land Use Categories located on that Parcel. For purposes of calculating the Backup Special Tax A (but not the Assigned Special Tax) for each Land Use Category under such circumstances, the Acreage assigned to each Land Use Category shall be based on the proportion of Residential Floor Area or Non-Residential Floor Area that is built for each Land Use Category as compared with the Total Floor Area built on the Parcel. The CFD Administrator shall determine all allocations made under this section, and all such allocations shall be final. 2. Approved Property The Maximum Special Tax A for each Parcel of Approved Property shall be $6,404 per Acre. The Maximum Special Tax B for each Parcel of Approved Property shall be $385 B-6 per Acre and shall increase by 2.00% each year following Fiscal Year 2003-2004. 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 $6,404 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 2003- 2004. 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 $6,404 per Acre. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2003-2004 and for each following Fiscal Year, the CFD Administrator shall levy the Special Tax on all Taxable Property as follows: First: The Special Tax A shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rate in Table 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 100% of the Maximum Special Tax A for Undeveloped Property. If additional moneys are needed to satisfy the Special Tax B Requirement after the first two steps have been completed, the Special Tax B shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax B for Undeveloped Property; Fourth: If additional moneys are needed to satisfy the Special Tax A Requirement after the first three steps have been completed, the Special Tax A to be levied on each Parcel of Developed Property whose Maximum Special Tax A is derived by the application of the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax A for each such Parcel; B-7 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 Pamel 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 Property conveyed or irrevocably offered for dedication to a public school district. The Board shall further not levy Special Taxes up to 232 Acres of Public Property and/or Property Owner's Association Property of the CFD. The CFD Administrator will assign Exempt Property status in the chronological order in which property becomes Public Property and/or Property Owner's Association Property. After the limit of Acres within each of the above has been reached, the Maximum Special Tax A obligation for any additional Public Property and/or Property Owner's Association Property shall be prepaid in full pursuant to Section H., prior to the transfer or dedication of such property. Until the Maximum Special Tax A obligation is prepaid as provided for in the preceding sentence, the Public Property and/or Property Owner's Association Property within the CFD shall be subject to the levy of the Special Tax as provided for in the fifth step in Section D. F. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary Ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act. G. REVIEW AND APPEAL Any taxpayer may file a written appeal of the Special Tax levied on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant's property. No refunds of previously paid Special Taxes shall be made. B-8 H. PREPAYMENT OF SPECIAL TAX The following definitions apply to this Section H: "CFD Public Facilities means $16,500,000 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 B-9 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: 1. 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 I 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. 6. 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. 9. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Bond Redemption Amount less the Future Facilities Amount from B-10 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 Amounf'). 11. Verify the administrative fees and expenses, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming the Outstanding Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses"). 12. The reserve fund credit (the "Reserve Fund Credit') shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 13. The Maximum Special Tax A prepayment is equal to the sum of the amounts computed pursuant to paragraphs 3, 4, 6, 10 and 11, less the amount computed pursuant to paragraph 12 (the "Prepayment Amounf'). 14. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 10 and 12 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 6 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 11 shall be retained by the CFD. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of Bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax A levy as determined under paragraph 8 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax A levy for such Parcel from the County tax rolls. With respect to any Parcel that is prepaid, the Board of Directors shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Tax A and the release of the Special Tax A lien on such Parcel, and the obligation of such Parcel to pay the Special Tax A shall cease. However, Special Tax B shall still be levied on such Parcel. Notwithstanding the foregoing, no Special Tax A prepayment shall be allowed unless the amount of Maximum Special Tax A that may be levied on Taxable Property after the proposed prepayment is at least 1.10 times the maximum annual debt service on all Outstanding Bonds. 2. Prepayment in Part - Special Tax A The Maximum Special Tax A on a Parcel of Developed Property or a Parcel of Approved Property for which a building permit has been issued may be partially prepaid in increments of $5,000. The amount of the prepayment shall be calculated es in Section B-11 H.I., except that a partial prepayment shall be calculated according to the following formula: PP = ((PE -A)x F)+A These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section H.1 F = the percent by which the owner of the Parcel(s) is partially prepaying the Maximum Special Tax A. A = the Administrative Fees and Expenses calculated according to Section H.1 An owner of a Parcel intending to partially prepay the Maximum Special Tax A shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Special Tax A, (ii) the percentage by which the Maximum Special Tax A shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if applicable, and within 10 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the proper amount of a partial prepayment. Within 5 business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the partial Prepayment Amount of such Parcel. Partial prepayment must be made not less than 60 days prior to any redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Tax A. With respect to any Parcel that is partially prepaid, the CFD Administrator shall (i) distribute the funds remitted to it according to Paragraph 14 of Section H.I., and (ii) indicate in the records of the CFD that there has been a partial prepayment of the Maximum Special Tax A and that a portion of the Maximum Special Tax A equal to the outstanding percentage (1.00 - F} of the remaining Maximum Special Tax A shall continue to be authorized to be levied on such Parcel pursuant to Section D. However, Special Tax B shall still be levied on such Parcel. I. TERM OF THE SPECIAL TAX Special Tax A shall be levied for a period not to exceed 50 Fiscal Years, commencing with Fiscal Year 2003-2004. All Parcels of Taxable Property within CFD No. 01-3 shall continue to be subject to the levy and collection of the Special Tax to satisfy the Special Tax B Requirement. B-12 EXHIBIT C TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 01-3 (WOLF CREEK) NOTICE OF PUBLIC HEARING Notice is hereby given that on March 18, 2003, the Board of Directors of the Temecula Public Financing Authority adopted a Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention To Establish A Community Facilities District And To Authorize The Levy Of Special Taxes Therein - Wolf Creek." Pursuant to the Mello-Roos Community Facilities Act of 1982, the Board of Directors of the Authority hereby gives notice as follows: A. The text of said Resolution of Intention is as follows: WHEREAS, under the Mello-Roos Community Facilities Act of 1982, constituting Section 53311 et seq. of the California Government Code (the "Law"), this Board of Directors may commence proceedings for the establishment of a community facilities district; and WHEREAS, there have been submitted to this Board of Directors a Petition (Including Waiver) of S-P Murdy, LLC (the "Petition"), requesting the formation by this Board of Directors of a community facilities district under the Law to be known as the Temecula Public Financing Authority Community Facilities District No. 01-3 (Wolf Creek) (the "District"); and WHEREAS, under the Law, this Board of Directors is the legislative body for the proposed District and is empowered with the authority to establish the District and levy special taxes within the District; and WHEREAS, this Board of Directors now desires to proceed with the actions necessary to consider the establishment of the District. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. This Board of Directors proposes to begin the proceedings necessary to establish the District pursuant to the Law. Receipt of the Petition to form the District is hereby acknowledged. Section 2. The name proposed for the District is Temecula Public Financing Authority Community Facilities District No. 01-3 (Wolf Creek). Section 3. The proposed boundaries of the District are as shown on the map of the District on file with the Secretary, which boundaries are hereby preliminarily approved. The Secretary is hereby directed to record, or cause to be recorded, the map of the boundaries of the District in the office of the County Recorder as soon as practicable after the adoption of this Resolution. O-1 Section 4. The types of public facilities (the "Facilities") and the maintenance services (the "Services") proposed to be eligible for funding by the District and pursuant to the Law shall consist of those items listed on Exhibit A hereto under the headings "Facilities" and "Services," respectively, which Exhibit is by this reference incorporated herein. The Executive Director is hereby authorized and directed to enter into a joint community facilities agreement with the City of Temecula, the Riverside County Flood Control and Water Conservation District and any other public entity that will own and/or operate any of the Facilities or provide such Services, such agreements to be in a form provided by Bond Counsel. Section 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities and the Services and/or pay the principal and interest as it becomes due on bonds of the District issued to pay for the Facilities and the Services, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied within the District and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, and which specifies the tax year after which no further special tax will be levied on land used for private residential purposes and which otherwise complies with applicable provisions of the Law is described in Exhibit B attached hereto which Exhibit is by this reference incorporated herein. This Board of Directors finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the California Government Code (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the District. Section 6. It is the intention of this Board of Directors, acting as the legislative body for the District, to cause bonds of the Authority to be issued for the District pursuant to the Law to finance a portion of the costs of the Facilities and the Services. If so issued, the bonds shall be in the aggregate principal amount of not to exceed $25,000,000, shall bear interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. Section 7. This Board of Directors reserves to itself the right and authority to allow any interested owner of property in the District, subject to the provisions of Section 53344.1 of the California Government Code and such requirements as it may otherwise impose, and any applicable prepayment penalties as prescribed in the indenture or fiscal agent agreement for any bonds of the Authority for the District, to tender to the Treasurer of the Authority in full payment or part payment of any installment of special taxes or the interest or penalties thereon which may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, in the manner described in Section 53344.1 of the California Government Code. C-2 Section 8. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in the proposed District, with each owner having one vote for each acre or portion of an acre of land such owner owns in the District. Section 9. Except as may otherwise be provided by law or the rate and method of apportionment of the special tax for the District, all lands owned by any public entity, including the United States, the State of California and/or the City of Temecula, or any departments or political subdivisions of any thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities and the Services, the issuance of bonds by the Authority for the District and any expenses of the District. Section 10. The Director of Public Works of the City of Temecula is hereby directed to study said proposed Facilities and Services and to make, or cause to be made, and file with the Secretary a report in writing, presenting the following: (a) A brief description of the Facilities and the Services. (b) An estimate of the fair and reasonable cost of providing the Facilities and the Services, including the incidental expenses in connection therewith, including the costs of the proposed bond financing, any Authority or City of Temecula administrative costs and all other related costs. Said report shall be made a part of the record of the public hearing provided for below. Section 11. Tuesday, April 22, 2003, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Board of Directors, City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special tax. Section 12. The Secretary is hereby directed to cause notice of said public hearing fo be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit C hereto. Section 13. The firms of Fieldman, Rolapp & Associates, Albert A. Webb Associates, Stone & Youngberg LLC, Stephen G. White, MAI, Quint & Thimmig LLP and McFarlin & Anderson are hereby designated as financial advisor, special tax consultant, underwriter, appraiser, bond counsel and disclosure counsel, respectively, to the Authority for the District. The Executive Director is hereby authorized to execute agreements with said firms for their services related to the District provided that all fees and expenses of such firms are payable solely from deposits by the landowners in the District or the proceeds of the bonds, if any, issued by the Authority for the District. C-3 Section 14. _The Board of Directors hereby determines that the contemplated formation of a community facilities district and issuance of community facilities district special tax bonds involving the Authority and the District, in accordance with Section 15061(b) of the California Environmental Quality Act (CEQA) Guidelines is not a "Project," as defined in Section 15378 of the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. Pursuant to CEQA Guidelines Sections 15061(d) and 15062, the Secretary is hereby directed to cause a Notice of Exemption to be prepared, executed and filed in regard to the foregoing determination. Section 15. This Resolution shall take effect upon its adoption. B. The exhibits to the Resolution which describe the facilities and services to be funded by, and the rate and method of apportionment of the special taxes for, the district are on file in the office of the Secretary of the Authority. C. The time and place established under said Resolution for the public hearing required under the Act are Tuesday, April 22, 2003, at the hour of 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of the Board of Directors, City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California. D. At said hearing, the testimony of all interested persons or taxpayers for or against the establishment of the district, the extent of the district or the furnishing of the specified types of facilities, services or other specific purposes of the district will be heard. Any person interested may file a protest in writing with the Secretary. If fifty percent or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be included in the district, or the owners of one-half or more of the area of land in the territory proposed to be included in the district and not exempt from the special tax file written protests against the establishment of the district and the protests are not withdrawn to reduce the value of the protests to less than a majority, the Board of Directors shall take no further action to establish the district or levy the special taxes for a period of one year from the date of the decision of the Board of Directors, and if the majority protests of the registered voters or the landowners are only against the furnishing of a type or types of facilities or services within the district or a specific purpose of the district, or against levying a specified special tax, those types of facilities or services, or those specific purposes or the specified special tax will be eliminated from the proceedings to form the district. E. The proposed voting procedure shall be by special mail or hand-delivered ballot to the property owners within the territory proposed to be included in the district. Dated: April __, 2003 /s/ Susan W. Jones, CMC Secretary, Temecula Public Financing Authority C-4 RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 01-3 (WOLF CREEK) WHEREAS, this Board of Directors has this date adopted its Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Establish a Community Facilities District and To Authorize the Levy of Special Taxes Therein - Wolf Creek," stating its intention to form a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Law"), for the purpose of financing a portion of the costs of certain public improvements (the "Facilities") and funding certain maintenance services (the "Services"), as further provided in said Resolution; and WHEREAS, this Board of Directors estimates the amount required for the financing of the portion of costs of the Facilities and the Services to be funded by the District (as defined below) to be not in excess of $17,000,000; and WHEREAS, in order to finance said portion of the costs of the Facilities and the Services it is necessary to incur bonded indebtedness in the amount of not to exceed $25,000,000. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. It is necessary to incur bonded indebtedness within the boundaries of the proposed Temecula Public Financing Authority Community Facilities District No. 01-3 (Wolf Creek) (the "District") in the amount of not to exceed $25,000,000 to finance a port[on of the costs of the Facilities and of the Services. Section 2. The bonded indebtedness is proposed to be incurred for the purpose of financing a portion of the costs of the Facilities and the Services, including costs incidental to or connected with the accomplishment of said purposes and of the financing thereof. Section 3. This Board of Directors, acting as legislative body for the District, intends to authorize the issuance and sale of bonds in the maximum aggregate principal amount of $25,000,000, bearing interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed forty (40) years from the date of the issuance of said bonds. Section 4. Tuesday, April 22, 2003, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Board of Directors, City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the proposed debt issue and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the Authority for the District. R:/'I'PFA Resos 2003fTPFA 03-__ I Section 5. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulated within the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. The notice shall substantially in the form of Exhibit A hereto. Section 6. This Resolution shall take effect upon its adoption. PASSED APPROVED AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 18 h day of March, 2003. Jeffrey E. Stone, Chairperson ATTEST: Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RiVERSiDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 03- was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 18thday of March, 2003, by the following vote: AYES: 5 BOARDMEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts NOES: 0 BOARDMEMBERS: None ABSENT: 0 BOARDMEMBERS: None ABSTAIN: 0 BOARDMEMBERS: None Susan W. Jones, CMC City Clerk/Authority Secretary R:/TPFA RESOS 2003/TPFA Resos 03-__ 2 EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 01-3 (WOLF CREEK) NOTICE OF PUBLIC HEARING Notice is hereby given that on March 18, 2003, the Board of Directors of the Temecula Public Financing Authority adopted a Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention To Incur Bonded Indebtedness of the Proposed Temecula Public Financing Authority Community Facilities District No. 01-3 (Wolf Creek)." Pursuant to the Mello-Roos Community Facilities Act of 1982, the Board of Directors of the Authority hereby gives notice as follows: A. The text of said Resolution is as follows: WHEREAS, this Board of Directors has this date adopted its Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Establish a Community Facilities District and To Authorize the Levy of Special Taxes Therein - Wolf Creek," stating its intention to form a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Law"), for the purpose of financing a portion of the costs of certain public improvements (the "Facilities") and funding certain maintenance services (the "Services"), as further provided in said Resolution; and WHEREAS, this Board of Directors estimates the amount required for the financing of the portion of costs of the Facilities and the Services to be funded by the District (as defined below) to be not in excess of $17,000,000; and WHEREAS, in order to finance said portion of the costs of the Facilities and the Services it is necessary to incur bonded indebtedness in the amount of not to exceed $25,000,000. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. It is necessary to incur bonded indebtedness within the boundaries of the proposed Temecula Public Financing Authority Community Facilities District No. 01-3 (Wolf Creek) (the "District") in the amount of not to exceed $25,000,000 to finance a portion of the costs of the Facilities and of the Services. Section 2. The bonded indebtedness is proposed to be incurred for the purpose of financing a portion of the costs of the Facilities and the Services, including costs incidental to or connected with the accomplishment of said purposes and of the financing thereof. Section 3. This Board of Directors, acting as legislative body for the District, intends to authorize the issuance and sale of bonds in the maximum aggregate principal amount of $25,000,000, bearing interest payable semi-annually or in such other manner A-1 as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed forty (40) years from the date of the issuance of said bonds. Section 4. Tuesday, April 22, 2003, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Board of Directors, City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the proposed debt issue and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the Authority for the District. Section 5. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulated within the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. The notice shall substantially in the form of Exhibit A hereto. Section 6. This Resolution shall take effect upon its adoption. B. The hearing referred to in the aforesaid Resolution shall be at the time and place specified in the Resolution. C. At that time and place any person interested, including persons owning property in the area of the proposed community facilities district, will be heard upon the proposed debt issue. Dated: April __, 2003 /s/ Susan W. Jones, CMC Secretary, Temecula Public Financing Authority A-2 ITEM 11 APPROVAL J~,.,,~-'"'" CITY ATTORNEY / '""" /-,,,¢ DIRECTOR OF FINA...,%N.~E____~,~ CITY MANAGER CiTY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: ~;~Susan W. Jones, City Clerk/Director of Support Services DATE: "-March 18, 2003 SUBJECT: Reappointment of Riverside County Habitat Conservation Agency and French Valley Airport Committee Assignments PREPARED BY: Cheryl Domenoe, Administrative Secretary RECOMMENDATION: Appoint one member of the City Council to serve on each of the following external committees: French Valley Airport Committee Riverside County Habitat Conservation Agency BACKGROUND: At the City Council meeting of January 14, 2003, the Council appointed members to serve on various Committees for 2003. The action at that meeting appointed Councilmember Pratt to serve on the French Valley Airport Committee and the Riverside County Habitat Conservation Agency Committee for 2003. At the City Council meeting of February 25, 2003, Councilmember Pratt requested that another member of the Council be appointed to serve on the above-mentioned committees for the remainder of 2003. FISCAL IMPACT: None ATFACHMENTS: Current 2003 Committee Assignment List Agenda Reports/Committee Reassignment 1 Revised JanuaP/14, 2003 Council Meeting TEMECULA CITY COUNCIL 2003 Committee Assiqnments Commission Liaison (One Member) Community Services Commission Comerchero Old Town Local Review Board Pratt Old Town Redevelopment Advisory Committee Roberts Planning Commission Naggar Public/Traffic Safety Commission Stone Advisory Committees (Two Members) Community Service Funding Ad Hoc Committee Stone, Naggar Economic Development/Old Town Steering Committee * Roberts, Comerchero Finance Committee * Stone, Naggar Joint City Council/TVUSD Committee * Naggar, Roberts Library Task Force Stone, Roberts Old Town Temecula Community Theater Ad Hoc Committee/Theater Advisory Committee Comerchero, Pratt Public Works/Facilities Committee * Roberts, Stone · These meetings must be noticed at least 72 hours in advance. Representative Assi,qnments (External Organizations) County General Plan Update Committee - RCIP (attend meetings) Naggar French Valley Airport Committee Pratt League of Calif Congress - Voting Delegates Stone, (Alternate Naggar) Multi-Species Habitat Conservation Plan Committee (attend meetings) Naggar Murrieta Creek Advisory Board Pratt National League of Cities Annual Congress - 2001 Voting Delegate Stone, (Alternate Naggar) Pechanga Tribal Council Liaison Roberts (Alternate Stone) Riverside County Habitat Conservation Agency Pratt Riverside County Transportation Commission Roberts, (Alternate Comemhero) Riverside Transit Agency Representative Comemhero Temecula Sister City Corporation Board of Directors Stone Trails Master Plan Development Committee Naggar WRCOG Representative Comerchero, (Alternate Roberts) Council Subcommittees Children's Museum Ad Hoc Subcommittee Comerchero Electrical Needs Ad Hoc Subcommittee Naggar Open Space Subcommittee Naggar, Stone SAF-T NET Subcommittee (also Connerton) Stone Temecula/Murrieta Subcommittee Roberts, Comerchero Wall of Honor Ad Hoc Subcommittee Stone, Comerchero Villages of Old Town Ad Hoc Committee Roberts, Naggar Lists\City Council Committee Assignments for 2003