The URL can be used to link to this page

Home My WebLink About072203 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours pdor to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35,102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JULY 22, 2003 - 7:00 P.M. At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. - Closed Session of the City Council pursuant to Government Code Sections: 1. Conference with real property negotiator pursuant to Government Code Section 54956.8, regarding the following real properties: Real property identified as Assessor's Parcel Number 909-270-020, at 41630 Winchester Road. Negotiating parties: Bill Hughes, Director of Public Works, Jim O'Grady, Assistant City Manager, and Shawn Nelson, City Manager, representing the City of Temecula, and Susan I. Feck. Under negotiation are the price and terms of payment of the real property interests proposed to be conveyed and/or acquired. Real property identified as Assessor's Parcel Number 909-270-042 at 41530 Winchester Road. Negotiating parties: Bill Hughes, Director of Public Works, Jim O'Grady, Assistant City Manager, and Shawn Nelson, City Manager, representing the City of Temecula, and Enterprise Professional Building, LLC. Under negotiation are the price and terms of payment of the real property interests proposed to be conveyed and/or acquired. Real property identified as Assessor's Parcel Number 909-270-043 at 41530 Winchester Road. Negotiating parties: Bill Hughes, Director of Public Works, Jim O'Grady, Assistant City Manager, and Shawn Nelson, City Manager, representing the City of Temecula, and Mike Bouris, et al. Under negotiation are the price and terms of payment of the real property interests proposed to be conveyed and/or acquired. Real property identified as Assessor's Parcel Number 909-270-043 at 41530 Winchester Road. Negotiating parties: Bill Hughes, Director of Public Works, Jim O'Grady, Assistant City Manager, and Shawn Nelson, City Manager, representing the City of Temecula, and Mike Bouris, et al. Under negotiation are the price and terms of payment of the real property interests proposed to be conveyed and/or acquired. R:~,genda\072203 1 Real property identified as Assessor's Parcel Number 909.281-017 at 41555 Winchester Road. Negotiating parties: Bill Hughes, Director of Public Works, Jim O'Grady, Assistant City Manager, and Shawn Nelson, City Manager, representing the City of Temecula, and BP West Coast Productions, LLC. Under negotiation are the price and terms of payment of the real property interests proposed to be conveved and/or acouired. Real property identified as Assessor's Parcel Number 909-281-019 at 41593 Winchester Road. Negotiating parties: Bill Hughes, Director of Public Works, Jim O'Grady, Assistant City Manager, and Shawn Nelson, City Manager, representing the City of Temecula, and Winchester/Jefferson Plaza. Under negotiation are the price and terms of payment of the real property interests proposed to be conveyed and/or acquired. Real property identified as Assessor's Parcel Number 909-282-012 at 41669 Winchester Road. Negotiating parties: Bill Hughes, Director of Public Works, Jim O'Grady, Assistant City Manager, and Shawn Nelson, City Manager, representing the City of Temecula, and Winchester Place Limited, LLC. Under negotiation are the price and terms of payment of the real property interests proposed to be conveyed and/or acquired. Real property identified as Assessor's Parcel Number 909-282-002 at 41669 Winchester Road. Negotiating parties: Bill Hughes, Director of Public Works, Jim O'Grady, Assistant City Manager, and Shawn Nelson, City Manager, representing the City of Temecula, and First Pacific Bank. Under negotiation are the price and terms of payment of the real property interests proposed to be conveyed and/or acquired. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(a) with respect to two matters of existing litigation involving the City. The following case will be discussed: (1) Pechanga Band v. Temecula Creek Village, LLC, etc. and (2) Application of San Diego Gas & Electric Company (U 902- E) for a Certificate of Public Convenience & Necessity Valley-Rainbow 500 kV Connect Project before the California Public Utilities Commission Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: Next in Order: Ordinance: No. 2003-08 Resolution: No. 2003-85 Mayor Jeff Stone Joanne Algier Pastor Lamont Lawson of Mountain View Community Church Councilman Pratt Comerchero, Naggar, Pratt, Roberts, Stone R:~Agenda\072203 2 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 NOTICETO 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. 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 approvinq List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A R:~Agenda\072203 3 3 4 5 6 7 Minutes RECOMMENDATION: 3.1 Approve the minutes of May 27, 2003; 3.2 Approve the minutes of June 10, 2003. Fire/EMS Protection Aqreement for FY 2003-04 RECOMMENDATION: 4.1 Approve the amended Exhibit A to the Fire Protection Agreement for Fiscal year 2003-04. Fifth Amendment to the Agreement for Law Enforcement Services RECOMMENDATION: 5.1 Approve the fifth amendment to the agreement for law enforcement services between the County of Riverside and the City of Temecula to include the hiring of one motorcycle officer, one traffic investigation officer, and one patrol officer. Roripau.qh Ranch Detachment from Valley Wide Recreation and Park District RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 03- A JOINT RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLEY WIDE RECREATION AND PARK DISTRICT AND THE CITY COUNCIL OF THE CITY OF TEMECULA DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BY AND BETWEEN THE CITY OF TEMECULA AND THE VALLEY WIDE RECREATION AND PARK BISTRICT RESULTING FROM THE RORIPAUGH RANCH DETACHMENT FROM THE VALLEY WIDE RECREATION AND PARK DISTRICT City Treasurer's Statement of Investment Policy RECOMMENDATION: 7.1 Adopt the Treasurer's Statement of Investment Policy as proposed by staff which provides safety, liquidity, and yield for City funds. R:~Agenda\072203 4 8 FY2003-04 Economic Development Operatin.q/Marketinq Aqreements RECOMMENDATION: 8.1 Approve the operating/marketing agreements and authorize the Mayor to execute the agreements with the following organizations: · The Temecula Valley Chamber of Commerce in the amount of $148,000; · The Economic Development Corporation of Southwest Riverside County in the amount of $22,500; · The Southwest Riverside County Economic Alliance in the amount of $75,000. 9 Approve Economic Development Event Sponsorship Requests RECOMMENDATION: 9.1 Approve the Sponsorship and Funding Agreement in the amount of $25,000 and City-support costs in the amount up to $8,800 for The Inland Empire Affiliate of the Susan G. Komen Breast Cancer Foundation Race for the Cure event; 9.2 Approve the Event Sponsorship Agreement for actual City-support costs in the amount up to $25,150 for the Temecula Fall Car Show & Old Town Cruise; 9.3 Approve the Event Sponsorship Agreement for actual City-support costs in the amount up to $5,100 for Temecula on Stage; 9.4 Approve the Event Sponsorship Agreement for actual City-support costs in the amount up to $11,900 for The Great Tractor Race. 10 First Amendment to the Pool Maintenance Services Aqreement RECOMMENDATION: 10.1 Approve the first amendment with H20 Pool and Spa Services which will exercise the City's option for a one-year extension of the agreement; the agreement will be extended through June 30, 2004; 10.2 Authorize the expenditure of funds in the amount of $26,700.00 to provide maintenance services for the two pools at the Community Recreation Center and the one pool at Temecula Elementary School; 10.3 Approve a 10% contingency in the amount of $2,670.00. 11 Quitclaim of Sewer Pipeline Easement RECOMMENDATION: 11.1 Adopt a resolution entitled: R:~Agenda\072203 5 12 13 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE QUITCLAIM OF A SIXTY FOOT (60') WIDE UTILITY EASEMENT FOR SEWER PIPELINE PURPOSES TO RAINBOW CANYON DEVELOPMENT, LLC (SOUTHEAST CORNER OF STATE ROUTE 79 SOUTH AND PECHANGA PARKWAY) 11.2 Authorize the City Clerk to forward the executed quitclaim deed to First American Title Company for recordation. Approval of the Pre-Qualified Contractors for the Old Town Community Theater Proiect - Project No. PW02-23 RECOMMENDATION: 12.'1 Approve the following list of construction firms, as Pre-Qualified Contractors eligible to submit bids for the Old Town Community Theater Project: 2H Construction, Inc, Long Beach, CA Dennis J. Amoroso Construction Company, Inc., Irvine, CA Edge Development, Inc., Temecula, CA ProWest PCM, Inc., Temecula, CA SOPAC, Inc. dba $oltek Pacific, San Diego, CA Swinerton Builders, San Diego, CA Taylor Frager, Inc., Temecula, CA Tovey/Shultz Construction Company, Lake Elsinore, CA W.D. Gott Construction Company, Upland, CA Completion and Acceptance for the Mercantile Buildinq Seismic Retrofit Project - Project No. PW-01-20 RECOMMENDATION: 13.1 Accept the Mercantile Seismic Retrofit Project - Project No. PW01-20 - as complete; 13.2 File a Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 13.3 Release the Labor and Materials Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. R:~Agenda\072203 6 14 French Valley Parkway/I-15 Overcrossinq and Interchan.qe - Project No. PW02-11 - Acquisition Aqreement between the City of Temecula and Joseph C. Harold Trust and Charles R. Hebard Trust RECOMMENDATION: 14.1 Approve and authorize the City Manager to execute in substantially the form submitted, the PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF TEMECULA AND JOSEPH C. HEROLD AND CHARLES R. HEBARD, for the acquisition of certain real property in the amount of $1,286,768.00 plus the associated escrow fees; 14.2 Direct the City Clerk to record the document; 14.3 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMI'I=rED BY GOVERNMENT CODE SECTION 27281 15 Arts Council of Temecula Valley Special Events Community Grant A.qreement RECOMMENDATION: 15.1 Approve a Special Events Community Grant Agreement between the City of Temecula and the Arts Council of Temecula Valley in the amount of $41,500; 15.2 Appropriate $7,500 from General Fund Reserves to provide for the Riverside Philharmonic Orchestra's performance at the Spring Concert. 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\072203 7 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 2003-01 Resolution: No. CSD 2003-15 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 July 8, 2003. 2 Arts Council Community Grant A,qreement RECOMMENDATION: 2.1 Approve the Community Grant Agreement between the Temecula Community Services District (TCSD) and the Arts Council of Temecula Valley in the amount of $40,000. R:V~lenda\072203 8 3 4 Citywide Tree Trimminq Maintenance Services RECOMMENDATION: 3.1 Award the Citywide Tree Trimming Maintenance Services contract to West Coast Arborists, Inc. for $100,000.00 and authorize the President to execute the contract. 3.2 Authorize the City Manager to approve change orders not to exceed $10,000.00 which is equal to the 10% contingency amount of the contract. Vacate a portion of a Landscaped Maintenance Easement within Lot 151 of Tract Map No. 23209 RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. CSD 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA VACATING A PORTION OF A LANDSCAPED MAINTENANCE EASEMENT WITHIN LOT 151 IN TRACT MAP NO. 23209 PUBLIC HEARING Any person may submit written comments to the Temecula Community Services District before a public hearing or may appear and may be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 5 Harveston Specific Plan No. 13 - Service Level B, Proposed Residential Street Liqhtinq; Service Level C, Perimeter Landscepin.q and Slope Maintenance; and Service Level D, Refuse and Recyclin.q Collection Services Rates and Charqes RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. CSD 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ORDERING, CALLING, AND GIVING NOTICE OF AN ELECTION TO BE HELD ON SEPTEMBER 10, 2003, REGARDING SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES FOR HARVESTON SPECIFIC PLAN NO. 13 IN ORDER TO ESTABLISH SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES BEGINNING FISCAL YEAR 2004-2005 PURSUANT TO ARTICLE XlIID, SECTION 6 OF THE CALIFORNIA CONSTITUTION R:V~.genda\072203 9 5.2 Approve the Election Notice, Ballot, and Procedures for the Completion, Return, and Tabulation of the Ballots; 5.3 Authorize staff to mail the ballots to the affected property owners pursuant to the aforementioned process. DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, August 12, 2003, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\072203 10 TEMECULA REDEVELOPMENT AGENCY MEETING CALL TO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: PUBLIC COMMENTS A total of 15 minutes is provided Next in Order: Ordinance: No. RDA 2003-01 Resolution: No. RDA 2003-14 Comerchero, Naggar, Pratt, Stone, Roberts so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item no__t on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of July 8, 2003. 2 Old Town Billboard Lease Aqreement RECOMMENDATION: 2.1 Approve a $30,000 lease agreement with Lamar Advertising Company for the Old Town Billboard located on Interstate 15 Freeway. R:~Agenda\072203 11 RECONVENE THE CITY COUNCIL MEETING JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING Any person may submit written comments to the City Council/Temecula Redevelopment Agency before a public hearing or may appear and may be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 3 Sale of Aqency Property - 27500 Jefferson Avenue RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETVVEEN THE CITY AND GIANT RV 3.2 That the Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 03- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND GIANT RV DEPARTMENTAL REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, August 12, 2003, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~.genda\072203 12 TEMECULA PUBLIC FINANCING AUTHORITY Next in Order: Ordinance: No. TPFA 2003-02 Resolution: No. TPFA 2003-15 CALL TO ORDER: Chairperson Jeff Stone ROLL CALL AGENCY MEMBERS: Comemhem, 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 not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of July 8, 2003. PUBLIC HEARING Any person may submit written comments to the Temecula Public Financing Authority before a public hearing or may appear and may be heard in support of or in opposition to the approval of the proJect(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. R:~Agenda\072203 13 2 Abandonment of Prior Proceedinq and Formation of New Community Facilities District - Wolf Creek (Continued from July 8, 2003) RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF ABANDONMENT OF PROCEEDINGS TO FORM THE COMMUNITY FACILITIES DISTRICT NO. 01-3 (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 ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN - WOLF CREEK 03-03 2.3 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. 03-03 EXECUTIVE DIRECTOR'S REPORT BOARD MEMBERS' REPORTS ADJOURNMENT R:~Agenda\072203 14 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public Hearing or may appear and be heard in support of or in opposition to the Approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 16 Weed Abatement Lien Resolution for FY 2001-2002 and for FY 2002-2003 RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2001-2002 16.2 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS oF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2002-2003 17 Planninq Application No. 02-0257 (Conditional Use Permit & Development Plan) - Grace Presbyterian Church RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0257, CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN TO CONSTRUCT, ESTABLISH AND OPERATE A CHURCH FACILITY IN TWO PHASES TO INCLUDE A FELLOWSHIP HALL WITH ADMINISTRATION AND CLASSROOM AREAS, A TEMPORARY MODULAR CLASSROOM BUILDING, A 450 SEAT CHURCH SANCTUARY R:~Agenda\072203 15 WITH YOUTH ROOM, AND ADDITIONAL CLASSROOMS TOTALING 23,770 SQUARE FEET AT BUILD-OUT AND TO OVERRIDE THE AIRPORT LAND USE COMMISSION DECISION THAT DETERMINED THE PROPOSED USE TO BE INCONSISTENT WITH THE FRENCH VALLEY AIRPORT LAND USE PLAN ON THE 4.98 ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF CALLE MEDUSA AND NICHOLAS ROAD KNOWN AS ASSESSORS PARCEL NO. 957-140-010 COUNCIL BUSINESS 18 Old Town Local Review Board Appointments RECOMMENDATION: 18.1 Appoint three applicants to serve full three-year terms on the Old Town Local Review Board. DEPARTMENTAL REPORTS CITY MANAGER'S REPORT CITY A'I-I'ORNEY'S REPORT ADJOURNMENT Next regular meeting: City Council, Tuesday, August 12, 2003, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\072203 16 ITEM 1 ITEM 2 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $2,273,869.61. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 22nd day of July, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:/Resos 2003/Resos 03- 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 03- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 22nd~'-~ of July, 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Cle~ R:/Resos 2003/Resos 03- 2 CITY OF TEMECULA LIST OF DEMANDS 07/03/03 TOTAL CHECK RUN: 07/10/03 TOTAL CHECK RUN: 07/03/03 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR O7/22/O3 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 165 RDA DEV-LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 195 TCSD SERVICE LEVEL R 210 CAPITAL IMPROVEMENT PROJ. FUND 280 REDEVELOPMENT AOENCY-CIP 3OO INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 100 GENERAL FUND 165 RDA-LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TOSD SERVICE LEVEL D 280 REDEVELOPMENT AGENCY-CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SU PF~ORT SERVICES 340 FACILITIES TOTAL BY FUND: GEXNIE ROBERTS, DIRECTOR OF FINANCE $ 1,540,854,98 392,994.57 340,020.06 $ 2,273.889.61 1,255,594.05 5,849.65 227,063,07 49.55 67,428.75 572.19 2,200.00 335,725.63 2,404.61 959.67 11,935.55 3,692.82 20,374.01 226,038.36 4,946.20 77,270.42 98.60 4,878.15 730.82 2,301.45 993.97 14,148.69 2,413.15 6,200.25 $ 1,933,849,55 340,020.06 $ 2,273,869.61 . HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. SHAWN NELSON, CITY MANAGER CITY OF TEMECULA LIST OF DEMANDS 07/03/03 TOTAL CHECK RUN: $ 1,540.854.98 07/10/03 TOTAL CHECK RUN: 392,994.57 07/03/03 TOTAL PAYROLL RUN: 340,020.06 TOTAL LIST OF DEMANDS FOR 07~22/03 COUNCIL MEETING: $ 2,273,869.61 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 165 RDA DEV-LOW/MOD SET ASIDE 19o COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 195 TCSD SERVICE LEVEL R 210 CAPITAL IMPROVEMENT PROJ. FUND 280 REDEVELOPMENT AGENCY-CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVtCES 340 FACILITIES $ 1,255,594.05 5,849.65 227,063.07 49.55 67,428.75 572.19 2,200.00 335,725.63 2,404.61 959.67 11,935.55 3,692.82 20,374.01 $ 1,933.849.55 100 GENERAL FUND 165 RDA-LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 280 REDEVELOPMENT AGENCY-ClP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 226,038.39 4,946.20 77,270.42 98.60 730.82 2,301.45 993.97 14,148.69 2,413.15 6,200.25 340,020,06 TOTAL BY FUND: GE~i~F FINANCE SHAWN NELSON, CITY MANAGER HEREBY CERTIFY THAT THE FOLLOW lNG IS TRUE AND CORRECT, HEREBY CERTIFY THAT THE FOLLOW lNG IS TRUE AND CORRECT. apChkLst Final Check List Page: 11 07/03/2003 11:38:20Ab1 CITY OF TEMECULA 154 checks in this report. Grand Total All Checks: 1.540.854.98 Detail 07103/2003 001 1,193,886.23 165 5,849.65 190 120,972.50 192 49.55 193 13,969.76 194 572.19 195 2,200.00 210 168,797.96 280 2,002.90 300 642.69 320 10,222.12 330 3,692.82 340 17,994.61 1,540,854.98 apChkLst Final Check List Page: 1 07/03/2003 11:38:20AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 143 07/03/2003 144 07/03/2003 145 07/03/2003 146 07/03/2003 147 07/03/2003 148 07/03/2003 149 07/03/2003 85102 07/03/2003 85103 07/03/2003 85104 07/03/2003 85105 07/03/2003 85106 07/03/2003 85107 07/03/2003 85108 07/03/2003 85109 07/03/2003 85110 07/03/2003 85111 07/03/2003 000642 TEMECULA CITY FLEXIBLE 001065 NATIONWIDE RETIREMENT SO Description Employee Contribution to Flex Nationwide Retirement Payment 000246 PERS (EMPLOYEES' RETIREME PERS ER Paid Member Contr Pmt 000389 U S C MWEST (OBRA), 000444 INSTATAX (EDD) 000283 INSTATAX (IRS) OBRA - Project Retirement Payment State Disability Ins Payment Federal Income Taxes Payment 000245 PERS (HEALTH INSUR. PREMIU Blue Shield HMO Payment 006044 A O N CONSULTING 003552 AFLAC 004973 ABACHERLI, LINDI 002038 ACTION POOL & SPA SUPPLY 005068 ADKISSON, CANDICE 005735 AEROSURF INC 002877 ALTA LOMA CHARTER LINES Prof Svcs: health plan actuarial svcs AFLAC Cancer Payment TCSD instructor earnings Pool sanitizing chemicals Reimb: Sr Excursion Del Mar Fair Tic Wireless Intemet:3 months:RP,/SP/JS Family excursion bus svc:Getty Museu Day Camp Transportation:Movie Exp. 004240 AMERICAN FORENSIC NURSES DUI:Drug/Alcohol Screening SvC:Poli DUI:Drug/Alcohol Screening svc:Poli 000747 AMERICAN PLANNING ASSOCI Membership: Stephen Brown 048646 000101 APPLE ONE, INC. Temp help PPE 6/21 Delarm Temp help PPE 6/7 Lee Amount Paid 8,265.28 171500.59 50,143.05 4,187.57 14,927.39 60,222.56 50,428.24 17,600.00 1,470.70 384.00 6.45 77.00 449.55 573.43 337.85 165.00 96.00 415.00 624.00 529.75 Check Total 8,265.28 17,500.59 50,143.05 4,187.57 14,927.39 60,222.56 50,428.24 17,600.00 1,470.70 384.00 6.45 77.00 449.55 911.28 261.00 415.00 1,153.75 Page:l apChkLst Final Check List Page: 2 07/03/2003 11:38:2gAM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 85112 07/03/2003 001323 ARROWHEADWATERINC 85113 07/03/2003 85114 07/03/2003 003203 ARTISTIC EMBROIDERY Bottred wtr servs @ City Hall Bottled wtr servs @ West Wing Bottled wtr servs @ CRC Bottled wtr servs @ Museum Activewear inventory for Team Face TCSD Shirts for Staff Recognition ee recognition jacket: Finance Amount Paid 006209 ASSOCIATION OF CHILDREN'S Annual Membemhip: Maggi Allen 577.55 165.08 107.14 44,36 1,235.50 64650 35.56 250.00 85115 07/03/2003 85116 07/03/2003 004855 BABER, GABRIELE 002848 BADGER, THE TCSD instructor eamings TCSD instructor earnings TCSD instructor earnings Fire prevention stickem 475.20 384.00 360.00 173.80 85117 07/03/2003 006448 BAKER, KAREN Refund: Parent & Me Swim Lessons 25.00 85118 07/03/2003 85119 07/03/2003 000622 BANTA ELECTRIC-REFRIGERA 006447 BITANGA, TECHIE Replace Pool Pump Switch @ CRC Install emergency lights Refund: Intro - Martial Arts 1,500.00 195.00 20.00 85120 07/03/2003 004621 C-18 INC Street striping project: Citywide 21,981.30 85121 07/03/2003 85122 07/03/2003 85123 07/03/2003 004248 CAUF DEPT OF JUSTICE/ACCT Fingerprints info for Police dept Fingerprints info for Police dept Fingerprints info for Police dept 000152 CALIFPARKS&RECREATIONS Membership: Herman Parker 019942 Membership: Julia Crowe-Pelletier 01 Memebership:Cathy McCarthy 004842 003554 CANADA LIFE ASSURANCE CO Mandatory Life lnsurance Payment 84.00 415.00 130.00 125.00 2,371.25 85124 0~03/2003 004006 CARROLL, JOSEPH One 8x10 photo business portrait 96.98 85125 07/03/2003 006086 CENTER STAGE KIDS TCSD instructor earnings 1,424.00 65126 07/03/2003 004210 CIRCUITCITY 2 Sony Digital Camcorders:Police 2,887.60 85127 07/03/2003 004405 COMMUNITY HEALTH CHARI Community Health Charities Payment 173.50 Check Total 894.13 1,918.56 250.00 1,219.20 173.80 25.00 1,695.00 20.00 21,981.30 3,034.00 670.00 2,371.25 96.98 2,887.60 173.50 Page2 apChkLst Final Check List Page: 3 07/03/2003 11:38:20AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 85128 07/03/2003 003739 COTFON BRIDGES ASSOCIATE Update the General Plan - Amend. 4 Amount Paid 15,689.70 Check Total 15,689.70 85129 07/03/2003 006442 DELGAUDIO, GERI Refund: Swim lessons Level 6/7 25.00 25.00 85130 07/03/2003 006451 DUVAL, JOANS Refund: hearing officer dismissed cite 325.00 325.00 85131 07/03/2003 006258 ELECTRIC VEHICLE Old Town Elect vehicle chrg stn 294.25 294.25 85132 07/03/2003 002939 ENVIRONMENTAL SYSTEMS R AmhGIS II training:DeGange:6/25-27 1,200.00 1,200.00 85133 07/08/2003 005251 EQUIPMENT REPAIR SERVICE Mobile Equip Repair Svcs:PW mntc 447.62 447.62 85134 07/03/2003 85135 07/03/2003 85136 07/03/2003 002060 EUROPEAN DELI& CATERING 001056 EXCEL LANDSCAPE 000478 FAST SIGNS Refreshments: ee quarterly luncheon Credit:Ovemhrged sales tax May Idscp impr:Vail Ranch Prkwy Jun Idscp impr: Meadows Prk May Idscp impr: Margarita Slope Apr Idscp impr: S-8 Villages May Ldscp impr: ground covering Apr Idscp impr: Sports Park Mar Idscp impr: CRC plants Mar Idscp impr: RC Sprts Prk May Idscp impr: City Hall May Idscp impr: Rancho Calif Medians Apr Idscp impr: Ranch Calif May Idscp impr: Old Town Strscp Apr Idscp impr: Old Town Plaza Apr Idscp impr: 6th Street Prklot Banners for SMART prgm 2,058.05 -25.59 4,800.00 3,107.00 2,640.00 1,385.00 1,130.00 572.08 495.00 330.00 264.00 228.80 193.09 158.40 73.03 40.13 131.94 2,032.46 15,416.53 131.94 85137 07/03/2003 000165 FEDERAL EXPRESS INC Express mail services 65.05 65.05 85138 07/03/2003 000166 FIRST AMERICAN TITLE Lot Bk Rept:Hill/Sutton/Talavera Lot Book Rept: Medina 450.00 150.00 600.00 Pages apChkLst Final Check List Page: 4 07/03/2003 11:38:20AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 85139 07/03/2003 003347 FIRST BANKCARD CENTER 85140 07/03/2003 001135 FIRST CARE INDUSTRIAL MED 85141 07/03/2003 006439 FISCHER, CYNTHIA Amount Paid xx-9277 R.Roberts:Conf expenses xx-1143 Parker:League Cf/DayCamp xx-9798 Stone:Supplies/League cf xx-6165 Yates: Conf/Mtgs/Supplies xx-7824 Comemhero:Leag ue/Airtares xx-0432 Elmo:SW Air-Accela/Supplies )o(-1405 Ubnoske:Prof Mtgs/Commissi xx-0515 Thomhill:Local Gov't/Supplies Pre-employment physicals Pre-employment physicals Pre-employment physicals Refund: Sports Multi - Sports 3,251.57 2,242.50 1,457.47 1,129.87 746.00 449.44 370.85 298.59 43.00 33.00 25.00 11.00 85142 07/03/2003 000173 GENERAL BINDING CORPORAT Binding supplies for central services 781.26 4,120.00 95.00 435.19 4,214.10 51500.00 100.00 1,021.99 584.40 25.00 27.55 50.00 8,188.18 85143 07/03/2003 004607 GRACE BUILDING 85144 07/03/2003 006458 GRAFLUND, NiCOLE 85145 07/03/2003 003792 GRAINGER 85146 07/03/2003 000711 GRAPHICS UNLIMITED LITHOG 85147 07/03/2003 002174 GROUP 1 PRODUCTIONS 85148 07/03/2003 006454 HAAS, MICHAEL 85149 07/03/2003 000116 HEALTH NET DENTAL AND VI 85150 07/03/2003 002107 HIGHMARK INC 85151 07/03/2003 006443 HITCHCOCK, ELENI 85152 07/03/2003 005748 HODSON, CHERYLA. 85153 07/03/2003 006445 HOWARD, KlM 85154 07/03/2003 000194 I C M A RETIREMENT TRUST 45 I C M A Retiirament Payment Custodial svcs for park restrooms Refund: CPR & First Aid Training Workbench cabinets for Stn 92 Printing parks brochure 2003 State of the City video productio Refund: Aquatics-Synchro Swim Health Net DentalNision Plan Pmt Voluntary Supp Life Insurance Refund: Level 3 Swim Lessons Support Payment Refund: Level 2/3 Swim Lessons Check Total 9,946.29 101.00 11.00 781.26 4,120.00 95.00 435.19 4,214.10 5,500.00 100.00 1,021.99 584.40 25.00 27.55 50.00 8~188.18 Page~ apChkLst Final Check List Page: 5 07/03/2003 11:38:20AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 85155 07/03/2003 004833 IMPERIAL PAVING COMPANY I 85156 07/03/2003 001407 INTER VALLEY POOL SUPPLY I 85160 07/03/2003 002424 KELLEY DISPLAY INC 85161 07/03/2003 006302 KIDZ LOVE SOCCER, INC 85162 07/03/2003 000206 KINKOS INC 85163 07/03/2003 003631 KLEINFELDERINC 85164 07/03/2003 001282 KNORR SYSTEMS INC 85165 07/03/2003 006452 LANIER, DENISE 85166 07/03/2003 004412 LEANDER, KERRY D. (Continued) Description Grind AC & Repave w/rubberized AC Pool sanitizing chemicals Pool sanitizing chemicals 85157 07/03/2003 001186 IRWIN, JOHN TCSDinstructoreamings 85158 07/03/2003 006183 J & M CONTRACTING, INC. Bio-aerosol Survey: C.Museum 85159 07/03/2003 002140 JAGUAR COMPUTER SYSTEMS Network equipment mntc/repairs Old Twn Summer Nights Banners TCSD instructor earnings Stationery paper/misc supplies Stationery paper/misc supplies Geotechnical: French Vly Pkwy/I-15 Small pool pump for CRC pool Reimb: Supplies for EE Qtly lunchon TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 85167 07/03/2003 004087 LOWE'S Hardwaresupplies-WestWing Hardware supplies - TCSD 85168 07/03/2003 004068 MANALILI, AILEEN TCSDInstructorEamings 85169 07/03/2003 001967 MANPOWER TEMPORARY SER temphelpw/e6/22Dankworth 85170 07/03/2003 006453 MARIANO, EMILY Refund: Security Deposit 85171 07/03/2003 002666 MASON & MASON REAL ESTA Appraisals:Winchester Rd Widening Appraisals:Community Theater Amount Paid 57,299.00 162.78 89.00 432.00 1,300.00 274.64 187.67 7,336.00 43.10 8.02 4,489.67 444.06 64.65 1,696.00 216.00 193.67 172.00 138.00 108.00 114.53 21.51 364.00 897.88 100.00 24,950.00 9,500.00 CheckTo~l 57,299.00 251.78 432.00 1,300.00 274.64 187.67 7,336.00 51.12 4,489.67 444.06 64.05 2,523.67 136.04 364.00 897.88 100.00 34,450.00 Page5 apChkLst Final Check List Page: 6 07/03/2003 11:36:20AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 85172 07/03/2003 85173 07/03/2003 85174 07/03/2003 85175 07/03/2003 85176 07/03/2003 85177 07/03/2003 85178 07/03/2003 85179 07/03/2003 85180 07/03/2003 85181 07/03/2003 85182 07/03/2003 85183 07/03/2003 85184 07/03/2003 85185 07/03/2003 85186 07/03/2003 85187 07/03/2003 65188 07/03/2003 65189 07/03/2003 003491 MAXIMUM CLEANING 005966 MC FADDEN, MICHAEL, S. 006446 MCKAY, JENNA 003076 MET LIFE INSURANCE 001905 MEYERS, DAVID WiLLIAM 001384 MINUTEMAN PRESS 006440 MIRANDA, DAVID 000883 MONTELEONE EXCAVATING 004586 MOORE FENCE COMPANY (Continued) Description Amount Paid carpet cleaning @ P.D. satellite stn TCSD Instructor Earnings TCSD Instructor Earnings Refund:Sign Language - Babies Metlife Dental Payment TCSD Instructor Earnings TCSD Instructor Earnings Business Cards:R. Gilliland Refund:Kids Luv Soccer Ciiy wide road 9rading due to rain Res Imp Prgm: Silva, Jose &Matilde 75.00 609.60 249.60 65.00 7,425.17 384.00 144.00 42.83 70.00 2,200.00 1,225.00 004522 MULLIGANS FAMILY FUN CENT Day Camp Excursion:Mulligans:6/26 001986 MUZAK INC Old Town Sound Sys Speaker Repairs 003707 NAT'L ASSN OF PURCHASING FY 03/04 membership:M.Vollmuth 006140 NORTH JEFFERSON BUSINESS Jul*Sep assessment:Lot 17/PM 23561- 006251 NOVELTY PRINTING 002100 OBJECT RADIANCE INO pub. educ. handout items:Fire Prey TCSD Instructor Earnings 003964 OFFICE DEPOT BUSINESS SVS computer loan prgm:M.Allen 002105 OLD TOWN TIRE & SERVICE City vehicle maint/repair svcs City vehicle maint/repair svcs City vehicle maint/repair svcs 002297 PACIFIC RELOCATION Jun consult svcs:F. Vly Pkwy/I-15 1,186.19 2,832.75 160.00 329.00 234.36 761.60 1,695.35 166.07 34.19 15.09 1,000.00 Check Total 75.00 859.20 65.00 7,425.17 528.00 42.83 70.00 2,200.00 1,225.00 1,186.19 2,832.75 160.00 329.00 234.36 761.60 1,695.35 Pages apChkLst Final Check List Page: 7 07/03/2003 11:38:20AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 85190 07/03/2003 001880 PELI GUARD PRODCUTS 85191 07/03/2003 85192 07/03/2003 85193 07/03/2003 85194 07/03/2003 85195 07/03/2003 85196 07/03/2003 85197 07/03/2003 85198 07/03/2003 85199 07/03/2003 85200 07/03/2003 85201 07/03/2003 85202 07103/2003 85203 07/03/2003 85204 07/03/2003 85205 07/03/2003 85206 07/03/2003 85207 07/03/2003 lifeguard shorts 001958 PERS LONG TERM CARE PROG PERS Long Term Care Payment 006444 P~ERCE-JORDAN, CHRISTINA 002185 POSTMASTER - TEMECULA 005820 PRE-PAID LEGAL SERVICES I Refund:Level 4/5 Swim Lessons renew bulk mail fee PrePaid Legal Services Payment 003697 PROJECT DESIGN CONSULTAN 4/28-6/15/03svcs:J.W. AssessmentDi May consult svcs:Jeffersoo Rehab Ph 004519 PYRO SPECTACULARS INC balance due:7/4/03 fireworks display 000879 RADISSON HOTEL Htl:Cad Zone Course:5 Police officers 002176 RANCHO CALIF BUS PARK ASS Jul-Sep Business Park dues:Diaz JuI-Sep Business Park dues:City Hall 000262 RANCHO CALIF WATER DIST Jun 01-99-02003/0 Floating mir Jun 02-79-10100-1 N.W. Sports Prk 006456 RANCHO GLENOAKS Refund: Security Deposit 000947 RANCHO REPROGRAPHICS dup. blueprints:J.W. Assessment Dist dup blueprints:R.C. Bridge Widening 005849 READY SET GROW PRESCHOO Refund: Security Deposit 004584 REGENCY LIGHTING 006462 RIDLEY, ROBERT 000266 RIGHTWAY 004773 RIVERSIDE CO SHERIFFS 000406 RIVERSIDE CO SHERIFFS DEP electrical supplies for parks electrical supplies for Ciiy Hall Reimb:Reserve Coordinator Course Equipment rental - Vail Ranch May 2003 Booking Fees 5/01-28/03:1aw enforcement Amount Paid 876.31 227.08 25.00 150.00 111.65 11,490.00 3,179.00 15,000.00 964.09 2,176.46 1,582.88 242.10 71.93 100.00 45.33 31.24 100.00 266.42 199.77 288.56 250.65 10,156.80 818,835.43 Check Total 876.31 227.08 25.00 150.00 111.65 14,669.00 15,000.00 964.09 3,759.34 314.03 100.00 76.57 100.00 466.19 288.56 250.65 10,156.80 818,835.43 Page:7 apChkLst Final Check List Page: 8 07163/2003 11:38:20AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 85208 07/03/2003 006457 ROBERTSON, SHELL 85209 07/03/2003 85210 07/03/2003 85211 07/03/2003 85212 07/03/2003 85213 07/03/2003 85214 07/03/2003 85215 07/03/2003 85216 07/03/2003 85217 07/03/2003 85218 07/03/2003 85219 07/03/2003 85220 07/03/2003 85221 07/03/2003 85222 07/03/2003 001309 RUSE, PHYLLIS 000277 S & S ARTS & CRAFTS INC 001942 S C SIGNS 005227 SAN DIEGO COUNTY OF 006464 SAVE A LIFE (Continued) Description Refund:Skyhawks Multi-Sport I reimb:Children's Museum Cf:4/29-5/02 supplies for the SMART Prgm May/Jun posting public ntcs:City Clerk Support Payment first aid training for SMART staff 000385 SHELDON EXTINGUISHER COM fire extinguisher maintenance 000645 SMART & FINAL INC Supplies for the SMART Prgm 006459 SMITH, UNDSEY Refund:Picnic Shelter:5/03/03 000537 SO CALIF EDISON Jun 2-00-397-5042 City Hall Jun 2-02-502-8077 West Wing Jun 2-02-351-4946 Sr Ctr various electric meters Jun 2-18-937-3152 Museum Jun 2-00-397-5067 various mtrs various electric meters Jun 2-20-817-9929 P.D. Satellite Sin Jun 2-19-171-8568 Wed Chapel Jun 2-14-204-1615 Front St Rdio 000519 SOUTH COUNTY PEST Beehive removal in Old Town 005786 SPRINT 5/15-6/14/03 cellular phone usage 000293 STADIUM PIZZA refreshments for SMART Prgm 004420 STATE COMP INSURANCE FUN June 03 Workers' Comp Premium 006455 STILLINGS, SUSAN Refund: Security Deposit Amount Paid Check Total 220.00 220.00 85.05 85.05 54.68 54.68 325.00 325.00 107.00 107.00 530.00 530.00 18.41 18.41 552.79 552.79 30.00 30.00 7,779.49 1,978.46 1,343.66 1,081.25 874.97 871.56 540.73 353.08 76.16 24.42 14,923.78 124.00 124.00 4,806.67 4,808.67 106.95 106.95 37,779.63 37,779.63 100.00 100.00 Page~ apChkLst Final Check List Page: 9 07/0312003 11:38:20AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 85223 07/03/2003 000465 STRADLEY, MARY KATHLEEN Amount Paid TCSD Instructor Earnings 220.00 CheckTo~l 220.00 85224 07/03/2003 85225 07/03/2003 85226 07/03/2003 003599 T Y LrN INTERNATIONAL 000305 TARGET STORE 001547 TEAMSTERS LOCAL911 May dsgn svcs:R.C.Bridge Widening May dsgn svcs:R.C.Bridge Widening Office Supplies for PW dept Recreation Supplies for TCSD supplies for Summer Day Camp Recreation Supplies for TCSD Recreation Supplies for CRC supplies for Summer Day Camp supplies for the 4th of July supplies for Summer Day Camp Recreation Supplies for CRC supplies for Summer Day Camp Union Dues Payment 2,373.50 1,395.74 349.43 206.81 169.30 102.99 102.77 63.36 57.83 56.60 45.34 43.15 3,534.00 3,769.24 1,197.58 3,534.00 85227 07/03/2003 85228 07/03/2003 85229 07/03/2003 85230 07/03/2003 006465 TEMECULA AUTO REPAIR 000309 TEMECULA COPIERS 000307 TEMECULATROPHY COMPAN 004274 TEMECULA VALLEY SECURITY MS 84 vehicle repair/maint svcs MS 73 vehicle repair/maint svcs MS 84 vehicle repaidmaint svcs Fire Prey vehicle repair/maint svcs fax machines for City Hall supplies for City copiers recognition plaques:Yorke/Alhadeff recognition awards:4 TCSD staff plaques for Skaters Challenge Winter Sports League Awards recogn, award:M. Jorgenson recogn, awards: R.P./J.P./B.O.FF. M./S. Rekey locks:6th St. restrooms 818.72 415.58 102.08 29.78 891.70 253.77 192.98 120.68 75.43 61.96 61.63 37.17 98.66 1,366.16 1,145.47 549.85 98.66 85231 07/03/2003 003140 TEMECULA VALLEY TAEKWON TCSD Instructor Earnings 249.60 249.60 85232 07/03/2003 000919 TEMECULA VALLEY UNIFIED S Refund:Sec. Deposit:Sth grd:5/27/03 100.00 100.00 85233 07/03/2003 004145 TIME WARNER TELECOM Purchase Agrmnt:Conduit for City Use 108,000.00 108,000.00 85234 07/03/2003 000668 TIMMY D PRODUCTIONS INC DJ svcs for the 4th of July 7,000.00 7,000.00 85235 07/03/2003 005567 TOTL GEAR LLC Day CampT-Shirts 295.24 295.24 Page9 apChkLst Final Check List Page: 10 07/03/2003 11:38:20AM CiTY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 85236 07/03/2003 006252 TRIMBLE NAVIGATION LIMITED Trimble GPS unit enhancement Amount Paid 840.45 1,495.00 85237 07/03/2003 85238 07/03/2003 85239 07/03/2003 85240 07/03/2003 85241 07/03/2003 85242 07/03/2003 85243 07/03/2003 85244 07/08/2003 004124 TRUELINE 004895 TUMBLES, J.W. 005592 TWINING LABORATORIES 002702 U S POSTAL SERVICE 000325 UNITED WAY 004819 UNUM LIFE INS. CO. OF AMERI 004261 VERIZON CALIFORNIA 006441 WALIGORA, TERRY re-stripe/patch hockey rink TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings May prof svcs:Pechanga Pkwy Postage meter deposit United Way Charities Payment Longterm Disability Payment Jun xxx-0074 general usage Jun xxx-2626 P.D. Satellite Stn Jun xxx-9897 general usage Jun xxx-3526 Fire Alarm Jun xxx-2676 general usage Refund:Admin Citation #0533 576.00 165.60 151.20 64.00 714.48 3,048.07 308.30 6,367.94 258.68 213.51 89.31 84.44 29.13 50.00 85245 07/03/2003 85246 07/03/2003 85247 07/03/2003 85248 07/03/2003 006460 WALKO, SHAULA RENEE 003730 WEST COAST ARBORISTS INC 000339 WEST PUBLISHING CORP 000345 XEROX CORPORATION BILLIN Refund:overpayment on cite #47004 Citywide Tree Trimming Maint Svcs Citywide Tree Trimming Maint Svcs City Hall Legal Publications fax supplies for City Hall Check Total 840.45 ,495.00 956.80 714.48 3,048.07 308.30 6,367.94 675.07 50.00 90.00 90.00 1,346.80 1,017.40 2,364.20 53.88 53.88 57.11 57.11 Sub total for UNION BANK OF CALIFORNIA: 1,540,854.98 Page:lO apChkLst Final Check List Page: 8 07/10/2003 11:09:09AM CITY OF TEMECULA 96 checks in this report. Grand Total All Checks: 392,994.57 Detail 07/10/2003 001 61,705.82 190 106,090.57 193 53,458.99 210 166,927.67 260 401.71 300 316.98 320 1,713.43 340 2,379.40 392,994.57 Pages apChkLst Final Check List Page: 1 07/10/2003 11:09:09AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 85249 07/10/2003 006253 A S A P SOFTWARE 85250 07/10/2003 006474 ACCUBANC MORTGAGE 85251 07/10/2003 005409 ALLEN, MARGARET 85252 07/10/2003 006476 ALSOBROOKS, SEAN 85253 07/10/2003 002877 ALTA LOMA CHARTER LINES 85254 07/10/2003 000101 APPLE ONE, INC. 85255 07/10/2003 003376 ARTS COUNCIL, THE 85256 07/10/2003 000622 BANTA ELECTRIC-REFRIGERA 85257 07/10/2003 006466 BARLOW, KACY 85258 07/10/2003 005145 BLUE FOUNTAIN POOLS, INC 85259 07/10/2003 005827 BRA%I'ON, CAROL S. 85260 07/10/2003 85261 07/10/2003 85262 07/10/2003 85263 07/10/2003 85264 07/10/2003 006485 CALIF, STATE OF ENVIRON PR 006075 CAMPBELL, KENTON SCOTT 001264 COSTCO WHOLESALE 006490 CUMMINGS, KHRISTI 002701 DIVERSIFIED RISK Description Amount Paid ISA server 2000 processor license Refund:Company Picnic Reimb:Museum Conf. 4/29-5/3/03 7/04/03 Vendor Fair Fee Day Camp transport:Mulligan's:6/26 Temp help PPE 6/28 Lee Temp help PPE 6/28 Delarm Temp help PPE 6/21 Lee Temp help PPE 6/28 Paton Communiiy Grant Agreement Electrical Serv:Rancho Cai Rd Refund:History Camp Refund:History Camp Refund:History Camp Refund:History Camp Refund:Overpayment of permit fees Refund:Security Deposit EPA generator fees:l/01/02-12/31/02 TCSD:lnstructor Earnings EE Computer Loan Prgm:R. Hruska Reimb:Fire Prev 2a:06/08-06/12/03 Special Events insurance 1,450.33 195.00 203.39 70.00 434.09 544.38 538.20 524.88 62.40 10,000.00 270.00 50.00 50.00 50.00 50.00 9.11 100.00 450.00 431.20 1,508.49 14.34 316.98 Check Total 1,450.33 195.00 203.39 70.00 434.09 1,669.86 10,000.00 270.00 200.00 9.11 100.00 450.00 431.20 1,508.49 14.34 316.98 Paged apChkLst Final Check List Page: 2 07116/2003 11:09:09AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 85265 07/10/2003 004192 DOWNSCOMMERCIALFUELI 85266 07/10/2003 001669 DUNN EDWARDS CORPORATI Fuel for city vehicles: PW Fuel for city vehicles:Corem Serv Fuel for city vehicles: PW Fuel for city vehicles: B&S Fuel for city vehicles: PW Fuel for city vehicles: PW Paint & Misc: Graffiti Removal 85267 07/10/2003 001380 E S I EMPLOYMENT SERVICES Temp help PPE 6/27 Heer Temp help PPE 6/27 Bragg Temp help PPE 6/27 Kanigowski Temp help PPE 6/27 Jones Temp help PPE 6/27 Montecino Temp help PPE 6/27 Seng Temp help PPE 6/27 Pena 85268 07/10/2003 002577 ENGINEERING RESOURCES 85269 07/10/2003 001056 EXCEL LANDSCAPE 000478 FAST SIGNS 001135 FIRSTCARE INDUSTRIAL MED 006469 FREIBERG, DEANNE 002528 GLASS BLASTERS 003640 GRAYNER ENGINEERING 004053 HABITAT WEST INC 006467 HARTMAN, JEANETTE 006471 HIGGINS, TERI 006468 HOLZER, COLLE3-1'E 006470 IVERSON, HOLLY 85270 07/10/2003 85271 07/10/2003 85272 07/10/2003 85273 07/10/2003 85274 07/10/2003 85275 07/10/2003 85276 07/10/2003 85277 07/10/2003 85278 07/10/2003 85279 07/10/2003 Road Improv:J Warner/Santiago Jun Idscp maintenance svcs Jun Idscp maintenance svcs Metal signs for pools Pre Employment Physicals Refund:History Camp new employee coffee mugs Prof. Serv: Children's Museum Maint Agrmt:Long cyn creek Refund:SMART LB Aquarium Refund:Kidz Luv Socer Refund:History Camp Refund:Gymnastics Amount Paid 915.49 566.55 493.83 281.62 162.28 30.83 53.81 2,119.78 1,425.60 1,375.14 1,280.34 1,109.60 992.93 820.69 8,519.50 94,013.00 2,465.00 508.25 125.00 50.00 33.40 761.66 9.00 65.00 50.00 64.00 Check Total 2,450.60 53.81 9,124.08 8,519.50 96,478.00 508.25 125.00 50.00 33.40 761.66 9.00 65.00 50.00 64.00 Page2 apChkLst Final Check List Page: 3 07/1012003 11:09:09AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 85280 07/10/2003 004908 JIFFY LUBE #1878 85281 07/10/2003 006479 JURIC, SUSAN 85282 07/10/2003 003631 KLEINFELDER INC 85283 07/10/2003 006477 KUYKENDALL, KELLIE 85284 07/10/2003 006254 LAKE ELSINORE BALLET 85285 07/10/2003 85286 07/10/2003 85287 07/10/2003 85288 07/10/2003 85289 07/10/2003 85290 07/10/2003 85291 07/10/2003 85292 07/10/2003 85293 07/10/2003 85294 07/10/2003 85295 07/10/2003 000996 LOCAL GOVERNMENT PUBLIC 002784 MAILBOX, THE 006488 MANSILLA, NEAL 000217 MARGARITA OFFICIALS ASSN 001384 MINUTEMAN PRESS (Continued) Description Vehicle Maint:B&S Refund:Sr. Ex: Del Mar Fair Mar-Apr prof svcs:J. Warner A. D. Refund:Sports-Kids Love Soccer Entertainment: Cinco de Mayo 003286 LIBRARY SYSTEMS & SERVICE June Services-Library System Agreem Refreshments: Annual Volunteer Mtg June Services-Library System Agreem Publications:Planning renew"preschool" subscription:CRC reimb:Fire Prey. 2A:6/9-13/03 Jun softbal~ officiating services Business Cards:(6) Tern. Police Staff Business Cards:S.F./S.P./T.T. Business Cards:D.Ubnoske 002139 NORTH COUNTY TIMES- ATTN: Jun recruitment ads for H.R. dept 003964 OFFICE DEPOT BUSINESS SVS officesuppliesforGIS office supplies for Planning 002105 OLD TOWN TIRE & SERVICE City vehicle maintJrepair svcs 001354 P C MAGAZINE 004074 PARTY CITY OF TEMECULA IN City vehicle maintJrepair svcs City vehicle maint/repair svcs City vehicle repair/maint svcs City vehicle repaidmaint svcs renew subscription:l.S, dept supplies for High Hopes prgm Amount Paid 33.33 10.00 4,353.50 70.00 150.00 11,568.78 1,500.00 1,172.15 99.76 44.95 213.63 2,050.00 256.98 128.49 72.03 700.57 230.99 140.24 70.71 62.49 40.00 22.42 21.34 25.00 106.98 Check Total 33.33 10.00 4,353.50 70 00 150.00 14,240.93 99.76 44.95 213.63 2,050.00 457.50 700.57 371.23 216.96 25.00 106.98 Page3 apChkLst Final Check List Page: 4 07/10/2003 11:09:09AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Date Vendor 85296 07/10/2003 006472 PA'I-TI, SONJA 000249 PE'I-I'YCASH (Continued) Description Refund:Skyhawks Beginning Golf Petty cash reimbursement Petty cash reimbursement Check # 85297 07/10/2003 85298 07/10/2003 85299 07/10/2003 85300 07/10/2003 85301 07/10/2003 85302 85303 000254 PRESS ENTERPRISE COMPAN 125th Anniversary Special Edition ad 000254 PRESS ENTERPRISE COMPAN 7/15/03-7/12/04 subscription:C.Clerk 003697 PROJECT DESIGN CONSULTAN Jun prof svcs:J.W. Assessment Dist. 004792 RHALANDSCAPEARCHITECT MayconsultingsvcsforV.R. Park"C" 07/10/2003 004318 R J BULLARD CONSTRUCTION 07/10/2003 000262 RANCHO CALIFWATER DIST 000947 RANCHO REPROGRAPHICS 005910 REDHAWK GAS & AUTO CENT 006483 RICHARDS, TYREASHA, I. 000266 RiGHTWAY 005334 RIVERSIDE CO FACILITIES 000271 ROBERT BEIN WM FROST & A 000873 ROBERTS, RONALD H. 005024 ROSENOW, EILEEN 006491 RUBALCAVA, ADELA 85304 07/10/2003 85305 07/10/2003 85306 07/10/2003 85307 07/10/2003 85308 07/10/2003 85309 07/10/2003 85310 07/10/2003 85311 07/10/2003 85312 07/10/2003 Prgs pmt:Pechanga Pkwy Soundwall Various water meters Various water meters Various water meters Various water meters dup.blueprints:John Warner A.D. May-Jun City vehicle fuel usage TCSD Instructor Earnings equipment rental-Street Painting equipment rental -Paseo Park 1/09-2/5/03 prof serv:l- 15/Cherry Apr feasibility study:l-15/79S/Santiago May feasibility study:l-15/79S/Santiag reimb:"Operation Jump Start":6/24-26 Refund:History Camp Refund:cite #0229 Amount Paid 90.00 605.40 301.47 2,087.73 154.44 1,633.50 307.50 122,768.10 23,925.30 1,011.23 398.57 112.96 6.47 230.21 556.80 288.75 60.78 180.00 594.35 508.85 84.08 50.00 50.00 Check Total 90.00 906.87 2,087.73 154.44 1,633.50 307.50 122,768.10 25,448.06 6.47 230.21 556.80 349.53 180.00 1,103.20 84.08 50.00 50.00 PageA apChkLst Final Check List Page: 5 0711912003 t 1:09:09AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 85313 07/10/2003 006227 RUSH, BRANDt 85314 07/10/2003 85315 07/10/2003 85316 07/10/2003 85317 07/10/2003 85318 07/10/2003 000277 S & S ARTS & CRAFTS INC 001942 S C SIGNS 002864 SEA WORLD OF CALIFORNIA 004609 SHREDFORCE INC 000645 SMART & FINAL INC 85319 07/10/2003 85320 07/10/2003 85321 07/10/2003 000824 SO CALIF ASSN OF 000374 SO CALIF EDISON 000537 SO CALIF EDISON 85322 07/10/2003 85323 07/10/2003 85324 07/10/2003 85325 07/10/2003 000519 SOUTH COUNTY PEST 006473 SUNDOWN CONSTRUCTION 006482 SWINGSATIONS, THE 000305 TARGET STORE 85326 07/10/2003 000168 TEMECULA FLOWER CORRAL (Continued) Description Amount Paid Refund:Skyhawks-Multi*Sport I supplies for the SMART prgm Jun add'l posting public ntcs:Planning Day camp excursion - 7/17/03 document shredding svcs supplies for Teen Council supplies for Summer Day Camp supplies for 4th of July FY 03-04 City membership dues Relocation-Edison Lines:Comm. Theat Jul 2-02-351-5281 CRC Jun 2-05-791~8807 various mtrs Jul 2-22-417-8772 Rancho Vista Rd Jul 2-10-331-2153 TCC Jun 2-19-683-3255 Front St Ped Jun 2-19-538-2262 various mtrs Jul 2-23-693-2810 Pala Rd Jul 2-24-077-3069 Pala Rd Jul 2-23-051-9399 Margarita Ped Jun pest control svcs:Caboose Refund:bldg permit entertainment:Smr Concer~ Series 110.00 12.90 195.00 3,544.00 410.50 227.96 64.88 53.63 5,693.00 27,637.37 6,074.92 3,504.97 1,259.15 1,068.47 620.O7 160.35 52.34 29.27 14.92 29.00 84.55 700.00 supplies for Aquatic's prgm office supplies for PW dept rec supplies for High Hopes prgm Recreation Supplies - Sports Recreation Supplies - Sports Summer Day Camp supplies Sunshine Fund 197.95 141.64 118.30 64.64 63.90 40.07 113.57 Check Total 110.00 12.90 195.00 3,544.00 410.50 346.47 5,693.00 27,637.37 12,784.46 29.00 84.55 700.00 626.50 113.57 Page5 apChkLst Final Check List Page: 6 07/10/2003 11:09:09AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date 85327 07/10/2003 85328 07/10/2003 85329 07/10/2003 85330 07/10/2003 85331 07/10/2003 85332 07/10/2003 85333 07/10/2003 85334 07/10/2003 85335 07/10/2003 85336 07/10/2003 85337 07/10/2003 85338 07/10/2003 85339 07/10/2003 85340 07/10/2003 85341 07/10/2003 85342 07/10/2003 85343 07/10/2003 000919 TEMECULA VALLEY UNIFIED S 000668 TIMMY D PRODUCTIONS INC 005567 TOTL GEAR LLC 000320 TOWNE CENTER STATIONERS (Continued) Vendor Description 000307 TEMECULA TROPHY COMPAN plaques/ribbons:4th of July parade recogn, awards:BIdg & Safety 000306 TEMECULA VALLEY PIPE & SU Jun plumbing supplies:TCSD 003067 TEMECULA VALLEY R V SERV P.D. vehicle repair/maint svcs P.D. vehicle repair/maint svcs 004274 TEMECULA VALLEY SECURITY TCC locksmith svcs 6/01-15/03 City vehicle fuel usage D.J. svcs for Skater's Challenge:5/17 4th of July t-shids 2003 office supplies for PW admin. Credit:items retumed:PW 006252 TRIMBLE NAVIGATION LIMITED GPS Unit Upgrade:GIS Trade in Discount:GIS 004981 UNISOURCE SCREENING & 006475 UTLEY, ROBERT 006478 VAN VLIERBERGEN, ADELINE Jun 16-30 ee background screening Refund:July 4-vendor app fee Refund:Ex. Sr. - Del Mar Fair Amount Paid 869.41 95.68 444.48 43.07 34.00 150.89 342.91 450.00 850.00 252.52 -38.79 4,406.97 -1,077.50 000332 VANDORPE CHOU ASSOCIATE Jun BIdg & Safety plan check svcs 004261 VERIZON CALIFORNIA 456.00 70.00 20.00 003730 WEST COASTARBORISTS INC 005995 WESTWAYS & JOURNEY PUBL 002109 WHITE CAP INDUSTRIES INC Jun xxx-5509 general usage Jun xxx-0049 general usage Jun xxx~2629 Naggar Jun XXX-1289 Pratt var. slopes tree trimming svcs var. slopes tree trimming svcs display ad:Westway Jul-Aug magazine Jun supplies for PW Maint Div 8,335.58 145.21 34.04 29.71 29.14 4,004.00 896.00 4,120.00 113.01 Check Total 965.09 444.48 77.07 150.89 342.91 450.00 850.00 213.73 3,329.47 456.00 70,00 20.00 8,335.58 238.10 4,900.00 4,120.00 113.01 Pages apChkLst Final Check List 07/10/2003 11:09:09AM CITY OF TEMECULA Page: 7 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 85344 07/10/2003 000341 WiLLDAN ASSOCIATES INC Amount Paid May traffic study review 750.00 Sub total for UNION BANK OF CALIFORNIA: Check Total 750.00 392,994.57 Paget ITEM 3 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MAY 27, 2003 After the Closed Session that convened at 6:15 P.M., the City Council convened in Open Session at 7:00 P.M., on Tuesday, May 27, 2003, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Absent: PRELUDE MUSIC Councilmembers: Comerchero, Naggar, Pratt, Roberts, Stone Councilmember: None The prelude music was provided by Nicole Choi. INVOCATION The invocation was given by Pastor W.M. Rench of Calvary Baptist Church of Temecula. ALLEGIANCE The flag ceremony was presented by Councilman Pratt. PRESENTATION/PROCLAMATIONS CAPIO/CALED/International Communicator Awards Presentation by Councilman Comerchero Apprising the Council and the viewing public of the following awards the City has received, Councilman Comerchero commended staff and consultants on a job well done: · Award of Distinction for the City's Tourism CD Ram · Award of Merit for the City's Tourism CD Ram · Second Place Award for the Innovations Category Award for the placement of Megan's Law Pin Maps on the City's Website PUBLIC COMMENTS A. With regard to the Johnson Ranch Property, Ms. Nancy Mize, 32850 Vista Del Monte, relayed her support of the City's effort to jointly work with the County to create a Master Plan for this open space area. B. As a resident living on SR 79 South, Mr. George Di Leo, 32871 Rovato Street, commented on speeding concerns/bad driving habits, noting that such actions continue to increase with the increasing growth in this community. Mayor Pro Tern apprised Mr. Di Leo that the City is proceeding with efforts to seek approval from Caltrans to control SR 79 South as well as Winchester Road. For Mr. Di Leo, Councilman Roberts noted that the approval of the existing homes on SR 79 South came from the County, not the City. R:~linutes\052703 1 C. Readdressing her concern with the lack of visibility for her business, Ms. Lorena Spencer, 41946 Fifth Street, commented on citations she had received for the placement of signage to attain such visibility. CITY COUNCIL REPORTS A. Serving on the Economic Development Steering Committee, Councilman Comerchero informed the Council and viewing public that the Committee be meeting in the City the end of this week. Mr. Comerchero thanked City Manager Nelson and associated staff for reinstituting the use of the big screens during Council meetings. B. Mayor Pro Tern Naggar relayed his desire for staff to explore the operation of a newly installed traffic light at SR 79 South and Front Street, noting that there appears to be congestion during peak hours. Mr. Naggar apprised the Council and the viewing public of the upcoming Children's Matsuri event sponsored by the Arts Council on Saturday, May 31, 2003, at the Community Center on Pujol Street, from 2:00 to 5:00 P.M. C. Councilman Pratt advised that the number one topic during his Community Forum meetings is traffic. Mr. Pratt commended the Temecula Valley Historical Society on its news newsletter. D. Having attended today's Stephen Michael Linen Memorial Park dedication ceremony, Councilman Roberts advised that Mr. Linen lost his life in the line of duty and requested that a bronze plaque be placed at the park. 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- 55 A' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A R:\Minutes\052703 2 3 Financial Statements for the nine months ended March 31, 2003 RECOMMENDATION: 3.1 Receive and file the Financial Statements for the nine months ended March 31, 2003. 4 David Turch & Associates Contract for Federal Le.qislative Services RECOMMENDATION: 4.1 Approve the contract for Federal Legislative Services to be provided by David Turch & Associates in the amount of $36,000.00. 5 Second Amendment to State Lobbyist Contract RECOMMENDATION: 5.1 Approve the Second Amendment for State Lobbying Services with the Wilson Group, LLC, in the amount of $3,500.00 per month. 6 Emergency Management Pro.qram Grants RECOMMENDATION: 6.1 Increase estimated grant revenue by $24,650; 6.2 Appropriate $10,000 to employ a consultant to develop the Annex for the Citizens Corps Program into the City's Multi-Hazard Function Plan (Emergency Plan); 6.3 Appropriate $14,650 for the purchase of seven Automatic Biphasic External Defibrillators (AEDs) for locating at City Hall and other public facilities. 7 Agreement with Riverside County Chapter of the American Red Cross for Community-based Services RECOMMENDATION: 7.1 Approve an appropriation of $38,000 from the unallocated reserves of the General Fund to Department 101, Account 5285 (Community Support, Council Discretionary); 7.2 Approve an agreement with the Riverside County Chapter of the American Red Cress for Community-based Services. Councilman Roberts thanked the City Council for its support of this $38,000 appropriation. R:\Minutes\052703 3 8 Acceptance of an Easement for Draina.qe Purposes and execute a Quitclaim Deed conveying the easement to the Riverside County Flood Control and Water Conservation District within Tract Map No. 23101-6 (located on the east side of Meadows Parkway between La Serena Way and Rancho California Road and within the Marqarita Village Specific Plan No. 199- Chardonnay Hills Subdivision RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 03-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN EASEMENT FOR DRAINAGE PURPOSES LOCATED WITHIN TRACT MAP NO. 23'10'1-6 AND EXECUTING A QUITCLAIM DEED CONVEYING THE EASEMENT TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 9 Authorize Temporary Partial Street Closures for Temecula Cycling Classic Event on June 8, 2003 (Business Park Drive and Single Oak Drive) RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 03-$7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING PARTIAL STREET CLOSURES OF BUSINESS PARK DRIVE AND SINGLE OAK DRIVE FOR THE TEMECULA CYCLING CLASSIC EVENT ON JUNE 8, 2003, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIC SPECIAL EVENT 10 Authorize Temporary Street Closure of Pauba Road between Margarita Road and Ynez Road for the July 4, 2003, Fireworks Show and deleqate authority to issue Special Events/Street Closures Permit to Director of Public Works/City En.qineer RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 03-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE OF PAUBA ROAD BE'FWEEN MARGARITA ROAD AND YNEZ ROAD FOR THE JULY 4, 2003, FIREWORKS SHOW AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES R:\Minutes\052703 4 11 Authorize Temporary Street Closures of Old Town Front Street between Moreno Road and Second Street, Main Street from the bridge to Old Town Front Street, Second Street, Third Street, Fourth Street, Fifth Street, Sixth Street, and Mercedes Street between Moreno Road and Second Street for the Star Spangled Fourth of July Parade and delegate authority to issue Special Events/Street Closures Permit to Director of Public Works/City Engineer RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 03-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURES OF OLD TOWN FRONT STREET BE'rWEEN MORENO ROAD AND SECOND STREET, MAIN STREET FROM THE BRIDGE TO OLD TOWN FRONT STREET, SECOND STREET, THIRD STREET, FOURTH STREET, FIFTH STREET, SIXTH STREET, AND MERCEDES STREET BETWEEN MORENO ROAD AND SECOND STREET FOR THE STAR SPANGLED FOURTH OF JULY PARADE AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 12 Professional Services Agreement for Engineering and Landscape Architectural Services for State Route 79 South Medians between 1-15 and Butterfield Stage Road - Project No. PW02-14 RECOMMENDATION: 12.1 Authorize an advance in the amount of $198,096.80 from the General Fund Reserves, which will be reimbursed from AD 159 C and D Series Bonds to fund the Design of the State Route 79 South Medians between 1-15 and Butterfield Stage Road; 12.2 Approve an agreement with Project Design Consultants in an amount not to exceed $180,088.00 to provide professional engineering and landscape architectural services for the State Route 79 South Medians between 1-15 and Butterfield Stage Road - Project No. PW02-14 - and authorize the Mayor to execute the agreement; 12.3 Authorize the City Manager to approve change orders not to exceed the contingency amount of $18,008.80 which is equal to 10% of the agreement amount. R:\Minutes\052703 5 13 Reimbursement A,qreement between Rancho California Water District and the City of Temecula for Rancho California Road Brid,qe Widenin,q over Murrieta Creek - Proiect No. PW99-18 RECOMMENDATION: 13.1 Approve the Reimbursement'Agreement between Rancho California Water District (RCWD) and the City of Temecula for the Rancho California Road Bridge Widening over Murrieta Creek - Project No. PW99-18. For Councilman Pratt, Public Works Director Hughes provided specific clarification of the reimbursement agreement. 14 Completion and Acceptance of the Asphalt Crackfill Proiect - Various Streets - FY2002- 2003 - Proiect No. PW02-24 RECOMMENDATION: 14.1 Accept the Asphalt Crackfill Project for FY 2002-2003 - Project No. PW02-24 - as complete; 14.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; 14.3 Release the Materials and Labor Bond seven months after filing the Notice of Completion if no liens have been filed. 15 Agreement for Construction, Inspection, and Acceptance of Wolf Valley Drainage Improvements RECOMMENDATION: 15.1 Approve an agreement with the Riverside County Flood Control and Water Conservation District, the County of Riverside, Centex Homes, and Redhawk Communities, Inc. for the construction, inspection, and acceptance of Wolf Valley Drainage Improvements; 15.2 Authorize the Mayor to execute the agreement. 16 Request for Appropriation - Multi-purpose Maintenance Truck RECOMMENDATION: 16.1 Approve an appropriation of $154,000.00 in the Vehicle Internal Service Fund for the purchase of a large capacity, multi-purpose maintenance truck for use by the Public Works and TCSD Maintenance Divisions; 16.2 Approve an operating transfer in the amount of $79,000 from the General Fund to the Vehicle Internal Service Fund. R:\Minutes\052703 6 17 Second Reading of Ordinance No. 03-04 RECOMMENDATION: 17.1 Adopt an ordinance entitled: ORDINANCE NO. 03-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO CLARIFY THE PROCEDURES FOR MODIFYING APPROVED PERMITS, TO MAKE OTHER MINOR CHANGES AND PROVIDE FOR THE READOPTION OF PLANNED DEVELOPMENT OVERLAY NOS. $ AND 6 {PLANNING APPLICATION NO, 03-0109) MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1-17. The motion was seconded by Mayor Pro Tern Naggar and voice vote reflected unanimous approval. At 7:25 P.M., the City Council convened as the Temecula Community Services District and the · Temecula Redevelopment Agency, the City Council meeting, after a short recess, resumed with regular business at 7:45 P.M. PUBLIC HEARING 18 Planned Residential Development Code Amendment {continued from May t3, 2003) RECOMMENDATION: 18.1 Continue this item off calendar. At the request of staff, Mayor Pro Tern Naggar offered the following motion: MOTION: Mayor Pro Tern Naggar moved to continue to this public hearing off calendar. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. 19 Planning Application No. 02-0567 - Edge Ni,qhtclub Appeal (continued from May t3, 2003) RECOMMENDATION: 19.1 Receive and file report. Mayor Stone opened the public hearing; there being no public input, the public hearing was closed. MOTION: Mayor Pro Tern Naggar moved to receive and file the report. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. R:\Minutes\052703 7 20 Appeal of the Planning Commission's decision to deny PA03-017 - a request for a Temporary Use Permit to establish a fresh fruit stand (located on the northeast corner of Nicolas Road and Winchester Road - known as Assessor's Parcel No. 920-100-013 RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 03-62 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. PA03-017 A TEMPORARY USE PERMIT TO ESTABLISH A FRESH FRUIT STAND LOCATED ON THE NORTHEAST CORNER OF NICOLAS ROAD AND WINCHESTER ROAD KNOWN AS ASSESSOR'S PARCEL NO. 920-100-01 Planning Director Ubnoske provided the staff report (as per agenda material), advising that the proposed application was denied by the Planning Commission, noting that the denial was primarily based on access off Winchester Road but that staff had offered the applicant to access the strawberry stand off Nicolas Road. Advising that Caltrans would not issue an encroachment permit with regard to the Winchester Road access, Deputy City Manager Thornhill commented on the significant traffic safety concerns associated with the requested Winchester Road access. At this time, Mayor Stone opened the public hearing. Mr. Gary Michael Craig, 39610 Medina Court, Murrieta, applicant, noted the following: That in the past, a church Christmas tree lot had received approval for access off Winchester Road; That, in his opinion, it would appear by his attempts to receive a temporary use permit that he is not being treated fairly and that there would appear to be inconsistencies when dealing with the Planning Department. In closing, Mr. Craig relayed his efforts over the past 10 years in trying to attain a temporary use permit from the City and questioned why it took the Planning Department until April to advise him of the concerns with the Winchester Road access. Although sympathetic to his business needs, Councilman Pratt noted that in light of the existing traffic condition at this particular corner, he would not support access off Winchester Road. Because of insufficient visibility of the strawberry stand, Mr. Craig commented that he would not be desirous of the Nicolas Road access. At this time, the public hearing was closed. Echoing Councilman Pratt's comment, Mayor Pro Tem Naggar noted that he could not support access off Winchester Road without signalization or a deceleration lane, R:\Minutes\052703 8 Councilman Comerchero further commented on the safety concerns associated with permitting access off Winchester Road and, therefore, relayed his opposition to the request. In light of Caltrans' decision to deny access off State Route 79 (Winchester Road), Councilman Roberts voiced his opposition to the request. Relaying his opposition to permitting access off Winchester Road, Mayor Stone noted that although Mr. Craig was given the opportunity to open the strawberry stand with access off Nicolas Road, Mr. Craig had denied that option. MOTION: Mayor Pro Tern Naggar moved to deny the appeal. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. COUNCIL BUSINESS 21 Update to Development Impact Fee Schedule RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. 03-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AND IMPOSING NEW DEVELOPMENT IMPACT FEES AND INCREASING CURRENT DEVELOPMENT IMPACT FEES EFFECTIVE JULY 26, 2003 PURSUANT TO CHAPTER 15.06 OF THE TEMECULA MUNICIPAL CODE AND RESOLUTION NOS. 97-94 AND 98-30 Introducing Mr. Joe Colgan from Maximus, Finance Director Roberts provided a brief overview of the item (of record). By way of a PowerPoint presentation, Mr. Colgan discussed the type of fees and the process by which these fees were analyzed, commenting/clarifying the following: · Legal framework restricting the use of impact fees · Use of fees - may not be utilized for operation or maintenance · Nexus requirements o Development creates a need for the facilities that will be paid for by the fees o Development receives a benefit from the use of the expenditure of the fees o Fees are proportional to the development impact · Impact Fee analyses · Scope of the study - limited to the existing City · Future development to be served · Facility types · Basis of fee calculation · Differences of the proposed fees from the 1996 study. In response to Councilman Roberts, Mr. Colgan advised that the City may charge a fee to pay for the cost of additional vehicles for the needed officers employed due to increased population. Finance Director Roberts noted that the current contract covers fleet vehicles but that the City must pay for additional motorcycles and specialized traffic equipment. R:\Minutes\052703 9 For Councilman Comerchero, Mr. Colgan noted that the proposed fee, if adopted, will be effective July 26, 2003; that for commercial development, the fee would be imposed at the issuance of the building permit; and that for residential development, the fee would be imposed at the time of final inspection. Commenting on the phasing stage of the non-residential components, Finance Director Roberts, for Mayor Pro Tem Naggar, advised that it is being recommended that the fees remain the same until July 2004; after which, the fees would incrementally increase over a three-year period. It was noted that staff had explored the funds generated if the fees were kept the same and what funds would be generated with the proposed increase. Further commenting on the phasing process to ensure continued growth and to promote economic development, City Manager Nelson reiterated the need for the proposed increase in order to mitigate impacts from the continued growth. As to residential development, the proposed fees are imperative in terms of building the necessary infrastructure required to support the new development and, therefore, the phasing process would not apply. In an effort to apprise the development community, City Manager Nelson advised that Assistant City Manager O'Grady had a Development Community Workshop to discuss and clarify the proposed fees. For Councilman Pratt, City Manager Nelson advised that the collected fees would be utilized to implement the City Council approved Capital Improvement Program. MOTION: Mayor Pro Tern Naggar moved to approve the staff recommendation. The motion was seconded by Councilman Roberts and voice vote reflected approval with the exception of Councilman Pratt who abstained. Because the City has, in the past 11 years, diligently worked at maintaining the fees to a minimum, Mayor Stone noted that in an effort to maintain the quality of life, the fees must be increased to accommodate new growth and, therefore, relayed his support of the recommendation. 22 Prima Facie Speed Limit on Certain Streets RECOMMENDATION: 22.1 Introduce and read by title only an ordinance entitled: R:\Minutes\052703 10 ORDINANCE NO. 03-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION t0.28.0t0(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS TO INCLUDE PECHANGA PARKWAY BETWEEN STATE ROUTE 79 (SOUTH) AND SOUTH CITY LIMITS, RAINBOW CANYON ROAD BETWEEN PECHANGA PARKWAY AND SOUTH CITY LIMITS, AVENIDA DE MlSSlONES BETWEEN STATE ROUTE 79 (SOUTH) AND VIA RIO TEMECULA, VIA RIO TEMECULA BETWEEN AVENIDA DE MlSSlONES AND REDHAWK PARKWAY, COUNTRY GLEN WAY BETWEEN STATE ROUTE 79 (SOUTH) AND VIA RIO TEMECULA, DIAZ ROAD BETWEEN WINCHESTER ROAD AND DENDY PARKWAY, AND WINCHESTER ROAD BETWEEN DIAZ ROAD AND DENDY PARKWAY Public Works Director Hughes reviewed the staff report (as per agenda material). Although concurring with the recommendation, Councilman Pratt suggested the additional public education be promoted. MOTION: Councilman Roberts moved to approve the staff recommendation. The motion was seconded by Mayor Pro Tem Naggar and voice vote reflected unanimous approval. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT No additional comment. CITY ATTORNEY'S REPORT With regard to Closed Session, Assistant City Attorney Curley noted that there was no reportable action. ADJOURNMENT At 9:04 P.M., the City Council meeting was formally adjourned to an adjourned regular meeting on Thursday, June 10, 2003, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:\Minutes\052703 11 MINUTES OF A REGULAR MEETING OF THE TEMECULA CiTY COUNCIL JUNE t0, 2003 The City Council convened in Open Session at 7:00 P.M., on Tuesday, June 10, 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 Melissa Cayalyub. INVOCATION The invocation was given by Reverend Larry Koger of Hope Luther Church. ALLEGIANCE The flag ceremony was presented by Councilman Roberts. PRESENTATION/PROCLAMATIONS Community Action Patrol Presentation Mayor Pro Tem Naggar presented the Community Action Patrol (CAP) Team Community Service Award to Lt. Pingel and Sgt. Waite who, in turn, introduced the CAP Team and reviewed the Team's achievements and on-going activities. Lt. Pingel advised that there are currently 15 CAP members and that there will be six more after the next academy graduation. Amateur Radio Week Proclamation Thanking the City Council for the proclamation, Mr. Harm Wijma, with appreciation, accepted the proclamation. PUBLIC COMMENTS A. Speaking in support of the affordable senior housing project (Heritage Community Housing) on Margarita Road, the following individuals addressed the City Council: · Ms. Sharon Whitehill 28955 Pujol Street · Mr. Kevin Walsh 38310 Camino Cinife Murrieta · Mr. Max Gillis no address given · Mr. Paul Kauffman 31190 Salbo Court · Ms. Barbara Affolter 34121 De Portola Road · Ms. Pat Ostrye Monrovia · Ms. Mary Michlovica 1740 E. Garry Avenue Santa Ana (Chairman of the Board of Heritage Community Housing) R:\Minutes\061003 The above-mentioned individuals spoke in support of the project for the following reasons: · Need for additional senior housing · Proposed location would be within close proximity of a future hospital · Senior safety/access to the community/necessity to life · Fixed income/continual rise in apartment rent Noting that the issue of whether to create or to not create senior housing is a legal issue for the City Council and the Redevelopment Agency, City Attorney Thorson advised that provisions imposed by the State legislature restricts the City, under the California Constitution, to allocate $3.7 million in assistance for senior projects; that the City may only provide assistance in proportion to the percentage of residents within the population; and that City analyses has indicated that the City has allocated its maximum toward senior housing. Councilman Pratt suggested the exploration of financing within the community without having to allocate from other sources. In response to Councilman Roberts, City Attorney Thorson advised that American Senior Living may proceed with the permit process and may proceed with its allocation but that the City may not allocate funds toward the project. In light of Ms. Michlovica's comments, Mayor Stone requested that information be provided to the City as to if other cities utilized the General Fund as opposed to Redevelopment Agency funds to subsidize senior housing. B. Ms. Lorena Spencer, 41946 Fifth Street, reiterated her concerns with the lack of visibility of her business. C. Mr. George Di Leo, 32871 Rovato Street, readdressed his concerns with traffic and his desire to mitigate traffic congestion and speeding issues throughout the City. CITY COUNCIL REPORTS A. Councilman Roberts congratulated Save Southwest Riverside County and Ms. Barbara Wilder (President of SSRC) on their efforts to prohibit the Valley-Rainbow Interconnect Powerlines. Because of the Measure A extension, Mr. Roberts advised that Metro Link and Commuter Rail will be within 10 minutes of accessibility to City residents within the next five to six years. B. Having received ownership of the 201 acres of Open Space in Roripaugh Ranch, Mayor Pro Tem Naggar commented on the $30,000 that the City has budgeted to begin the Master Plan process and noted that the County will be allocating an additional $30,000 for a total of $60,000. Mr. Naggar informed the residents of Southern California Edison's Air Conditioning Cycling Program. C. Encouraging participation, Councilman Pratt advised of his Community Forum held every Wednesday at 7:00 P.M, R:\Minutes\061003 2 D. Although public attendance was somewhat disappointing, Mayor Stone commented on the wonderful Concert on the Greens with the Riverside Philharmonic Orchestra, requesting that additional promotion/advance notice of the event be provided next year. Having recently been invited to attend a Paloma Del Sol Homeowners Association meeting, Mr. Stone commented on the increased vandalism incidences in the Paloma Del Sol area and requested that additional police enforcement be provided, suggesting the use of officers on bicycles to patrol the paseo areas and the imposition of the City's 10:00 P.M. curfew. He had also requested that the area be patrolled for speeding and the abuse of stop signs. Having listened to Ms. Spencer's concerns, Mayor Stone advised that City staff has requested that Ms. Spencer abide with the City's ordinance regarding signage; that business owners have the opportunity to locate a business wherever desired; that Front and Main Streets may have greater public visibility but that such higher visibility would as well result in higher rents; and that the existing Sign Ordinance has contributed to the City's quality of life. With regard to Ms. Spencer's citations as a result of non-compliance, City Manager Nelson advised that the City has forgiven these citations as along as Ms. Spencer will comply with the City's ordinance to ensure health and safety issues are properly addressed. Although supporting the City in forgiving the previous citations, Mayor Stone noted that Ms. Spencer has been apprised to adhere to the City's Sign Ordinance and that any citations from this day forward will not be forgiven. E. Councilman Pratt noted that, in his opinion, the City has not executed the intent of the Old Town Specific Plan, distributing traffic away from Front Street. Mr. Pratt advised that by doing so, traffic would be circulated onto Mercedes Street and, thereby, no additional business signs would be necessary. CONSENT CALENDAR 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 Approval of Minutes RECOMMENDATION: 2.1 Approve the minutes of April 22, 2003 3 Resolution Approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: R:~vlinutes\061003 3 RESOLUTION NO. 03-64 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 April 30, 2003. 5 Approval of Election Resolutions RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 03-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, REQUESTING THE SERVICES OF THE COUNTY REGISTRAR OF VOTERS TO CONDUCT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2003 5.2 Adopt a resolution entitled: RESOLUTION NO. 03-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2003, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES 6 Records Destruction Approval RECOMMENDATION: 6.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved records retention policy. 7 Purchase of City Multi-Purpose Maintenance Truck RECOMMENDATION: 7.1 Approve the purchase of a multi-purpose maintenance truck from Spartan Truck Equipment, Inc. for $152,646.19. R:\Minutes\061003 4 8 Resolution adopting FY 2003/2004 Solid Waste Rates RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 03-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SOLID WASTE RATES FOR FISCAL YEAR 2003-2004 9 Implementation of Special Tax- Measure C RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 03-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2003-2004 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE, AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS 10 Tract Map No. 30681 (located on Puiol Street west of Sixth Street) RECOMMENDATION: 10.1 Approve Tract Map No. 30681 in conformance with the conditions of approval. 11 Tract Map No. 30682 (located on Sixth Street south of Felix Valdez Road RECOMMENDATION: 11.1 Approve Tract Map No. 30682 in conformance with the conditions of approval. 12 French Valley Parkway/I-15 Overcrossinq & Interchan,qe - Project No. PW02-11 - Acquisition A,qreement between the City of Temecula and Joseph C. Harold Trust and Charles R. Hebard Trust RECOMMENDATION: 12.1 Approve and authorize the City Manager to execute in substantially the form attached hereto the PURCHASE AND SALE AGREEMENT BETVVEEN CITY OF TEMECULA AND JOSEPH C. HAROLD AND CHARLES R. HEBARD, for the acquisition of certain real property in the amount of $1,286,768.00 plus the associated escrow fees; R:~Vlinutes\061003 5 12.2 Direct the City Clerk to record the document; 12.3 Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN OR EASEMENT UPON REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 (Pulled off calendar.) 13 Amendment No. 2 to Professional Services Aqreement - Roripau,qh Fire Station Design - Project No. PW03-01 RECOMMENDATION: 13.1 Approve Amendment No. 2 to the Agreement with STK Architecture, Inc. for professional architectural services in an amount not to exceed $134,230.00 for final design, bidding, and construction support for the Roripaugh Fire Station and authorize the Mayor to execute the amendment; 13.2 Authorize the City Manager to approve amendments to the agreement not to exceed the contingency amount of $18,432.00 which is equal to 10% of the agreement amount. 14 Authorized Temporary Street Closures for the Street Painting Festival in Old Town (Old Town Front Street between Third and Fifth Streets includinq Main Street between Murrieta Creek and Old Town Front Street RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 03-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR THE STREET PAINTING FESTIVAL AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT (Pulled for separate discussion; see pages 7-8.) 15 First Amendment to Agreement between City of Temecula and PELA for Landscape Plan Check and Inspection Services RECOMMENDATION: 15.1 Approve a contract amendment with PELA for landscape plan check and inspection services for a total contract amount of $97,000.00. R:\Minutes\061003 6 16 Second Reading of Ordinance No. 03-05 (Prima Facie Speed Limit) RECOMMENDATION: 16.1 Adopt an ordinance entitled: ORDINANCE NO. 03-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.0.10(d) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS TO INCLUDE PECHANGA PARKWAY BETWEEN STATE ROUTE 79 (SOUTH) AND SOUTH CITY LIMITS, RAINBOW CANYON ROAD BETWEEN PECHANGA PARKWAY AND SOUTH CITY LIMITS, AVENIDA DE MlSSlONES BETWEEN STATE ROUTE 79 (SOUTH) AND VIA RIO TEMECULA, VIA RIO TEMECULA BETWEEN AVENIDA DE MlSSlONES AND REDHAWK PARKWAY, COUNTRY GLEN WAY BETWEEN STATE ROUTE 79 (SOUTH) AND VIA RIO TEMECULA, DIAZ ROAD BETWEEN WINCHESTER ROAD AND DENDY PARKWAY, AND WINCHESTER ROAD BETWEEN DIAZ ROAD AND DENDY PARKWAY MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1-11, 13, and 15- 16 (Item No. '12 was pulled off calendar and Item No. 14 was considered under separate discussion.) CONSENT CALENDAR ITEM CONSIDERED UNDER SEPARATE DISCUSSION 14 Authorized Temporary Street Closures for the Street Painting Festival in Old Town (Old Town Front Street between Third and Fifth Streets including Main Street between Murrieta Creek and Old Town Front Street RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 03-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR THE STREET PAINTING FESTIVAL AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT Public Works Director Hughes reviewed the staff report (as per written material). The following individuals spoke in opposition to the temporary street closure for the Street Painting Festival: · Ms. Valerie Harris 28663 Front Street · Mr. Doc Lane 28657 Front Street R:\Minutes\061003 7 · Mr. Brian Bleecker 28657 Front Street · Ms. Bernadine Harris 42030 Main Street The above-mentioned individuals spoke in opposition to the request for the following reasons and suggested the following: ·Financial hardship · Clean-up necessary after the event · Offensive noise from motorcycles Sua~estions · Locate the event at the mall or at the Stampede · A main street should not be closed for such an event - possibly move it to the City parking lot after Farmers' Market. Advising that a decision had been made to close streets in Old Town only once a quarter, Councilman Roberts recommended that the event continue this year as planned but that it be readdressed for next year. Although supporting the event, Councilman Pratt suggested that it be relocated to Front Street to the bridge at First Street. Because arrangements have already been made for this year's event, Councilman Comerchero suggested holding the event this year's and that next year's event be explored. Considering the business impact this closure will have on the businesses, Mayor Stone relayed his support of relocating this year event to the City parking lot next to the Stampede. MOTION: Councilman Comerchero moved to approve staff recommendation with the understanding that this year's event would be critiqued and discussed in order to explore other options for next year. The motion was seconded by Councilman Roberts and voice vote reflected approval with the exception of Councilman Pratt and Mayor Stone who voted no. At 8:15 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 8:37 P.M. COUNCIL BUSINESS 17 Review and Adoption of the FY 2003-04 Annual Operatin,q Budget RECOMMENDATION: 17.1 Adopt a resolution entitled: R:'~/linutes\061003 8 RESOLUTION NO. 03-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FY 2003-04 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 17.2 Adopt a resolution entitled: RESOLUTION NO. 03-7'1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 17.3 Adopt a resolution entitled: RESOLUTION NO. 03-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2003-04 By way of a PowerPoint presentation, City Manager Nelson reviewed the staff report (of record); commented on the significant effort involved with the preparation of this document; thanked the Department Directors for their associated efforts; and extended his appreciation to Finance Director Roberts and her staff. With regard to animal control services, City Manager Nelson, for Councilman Roberts, advised that this matter would be addressed by the City Council at its June 24, 2003, meeting. Highlighting the creation of an Information System Department and the City's continued efforts to ensure public safety, Mayor Pro Tem Naggar commented on the City's goal to retain one police officer per 1,000 residents ratio (1:1,000); advised that the City has exceeded that goal with a ratio of 1:986; and noted that that it would be his goal to further reduce this ratio to 1:850. Mr. Naggar requested that in next year's budget, the possibility of providing educational opportunities to firefighters to attend paramedic schooling; so that the City may have the ability to place a paramedic on every fire vehicle. MOTION: Councilman Roberts moved to approve staff recommendation. The motion was seconded by Mayor Pro Tern Naggar and voice vote reflected unanimous approval. 18 Review and Adoption of the FY2004-08 Capital Improvement Budget RECOMMENDATION: 18.1 Adopt a resolution entitled: R:\Minutes\061003 9 RESOLUTION NO. 03-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FY 2004-08 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2003-04 By way of a PowerPoint presentation, City Manager Nelson highlighted the staff report (of record). Considering its current condition, Councilman Comerchero requested that the rehabilitation of the Temecula Elementary School pool be explored in next year's budget. Being of the opinion that not enough thought has been given to the expenditures with regard to circulation, Councilman Pratt recommended the implementation of interim program to mitigate traffic. For Mayor Pro Tem Naggar, City Manager Nelson advised that the proposed traffic improvements for this budget ($157 million) are funded and that the City has taken a leadership role in preserving right of ways as well as promoting regional improvements which will benefit the City and the entire region. Relaying his opposition to Councilman Pratt's comment that the proposed improvements will not mitigate traffic, Mayor Pro Tern Naggar stated that the proposed improvements will mitigate traffic as will the stand the City has taken with the County to identify infrastructure and to require the completion of them with building permits. In response to Councilman Pratt's comment, Mayor Stone noted that with the area's continued growth, there is a need to address mass transit but that this issue cannot be solely addressed by the City, commenting on the need of leadership from Federal/State officials. MOTION: Councilman Comerchero moved to approve staff recommendation. The motion was seconded by Mayor Pro Tern Naggar and voice vote reflected approval with the exception of Councilman Pratt who abstained with regard to the Circulation Element of the CIP. 19 Plannin.q Commission Appointments RECOMMENDATION: 19.1 Appoint two applicants to serve on the Planning Commission for full three-year terms through June 4, 2006. Thanking those individuals who had applied and encouraging individuals to continue to apply, both Mayor Stone and Mayor Pro Tern Naggar unanimously recommended the reappointment of current Planning Commissioners Chiniaeff and Guerriero. In light of current Planning Commission projects such as the General Plan Amendment and the development of Specific Plans, Mayor Pro Tem Naggar commended the Commission on a job well done and commented on the benefit of retaining the continuity on the Commission. R:\Minutes\061003 10 Viewing the existing Planning Commission as the best the City has ever had, Councilman Comerchero as well commended the Commission on a job well done and concurred with the proposed recommendation. MOTION: Councilman Roberts moved to reappoint Planning Commissioners Chiniaeff and Guerriero to the Planning Commission. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. CITY MANAGER'S REPORT No additional comment. CITY ATTORNEY'S REPORT No Closed Session. ADJOURNMENT At 9:08 P.M., the City Council meeting was formally adjourned to an adjourned regular meeting on Thursday, June 24, 2003, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:\Minutes\061003 1 1 ITEM 4 APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Director of Finance Howard Windsor, Fire Chief July 22, 2003 Fire/EMS Protection Agreement for Fiscal Year 2003-04 RECOMMENDATION: That the City Council approve the amended Exhibit "A" to the Fire Protection Agreement for Fiscal Year 2003-04. BACKGROUND: Since the City of Temecula's incorporation, Fire/EMS services have been provided through a Cooperative Fire Service Agreement with the California Department of Forestry and Fire Protection (CDFFP) and Riverside County Fire Department (RCFD). Formalization of this agreement is required every three years to appropriately renew the required contract bebNeen the City of Temecula and the providing fire service agencies mentioned above. The current three-year agreement was approved by the City Council on June 25, 2002. The CDFFP has provided the City with an amended schedule of contract staffing costs (Exhibit "A" to the Fire Protection Agreement for City Council approval.) Service costs for Fiscal Year 2003-04 are shown on the attached Exhibit A. The increases for services are due to the implementation of a labor agreement for CDFFP. Also included on Exhibit A is the estimated Structural Fire Tax Credit which offsets the City's Fire/EMS costs. FISCAL IMPACT: The additional costs associated with the implementation of the labor agreement are approximately $381,500 for fiscal year 2003-04. Adequate funds have been appropriated in the fiscal year 2003-04 Fire Services budget. Attachment: Cooperative Agreement Exhibit "A" R:\Caravelli Denise~Agendas\03 Agendas\Fire Service Contract 2003-04.doc 08~18/2002 11:23 9S408910 PAGE B1 Z 2 ? 8 g 1I lg ~0 24 25 26 A COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, AND, MEDICAL AID SERVICES FOR THE CITY OF TEMECULA THIS AGREEMENT, made and entered into this ~ d~y of June, 2002 , by and between the' County of Riverside, hereinafter called "County", and the City of Temecula, hereinafter called "CitE", whereby it is agreed as follows: I PURPOSE The purpose of the Agreement is to arrange for the County, through its Cooperative Agreement with the State of California, to provide City with fire protection, fire prevention, rescue, and medical aid services, hereinafter called fire protection services. This Agreement is entered into pursuant to the authority granted by Government Code Sections 55603, 55603.5, 55632, 55606 and 55642, and will be mutually advantageous to City and County in that it will provide a unffied, cooperative, integrated, and effective fire protection, r~scue, and medical aid system to protect lives, property, and natural resou~ceS~ II COUNTY IN CHARGE A, The County Fire Chief shall represent both parties during the period of this Agreement and ~hat Officer shall, under the supervision and direction of the County Board of Supervisora~ have charge of'.the, organization described in Exhibit "A", attached hereto and made a part hereof, for the purpose of providing fire protection services as deeR%ed necessary to satisfy the needs of both County and City, except' upon ~hose iands wherein other agencies of government have responsibility for the same Or similar fire protection services. · B. The County will provide the services (at the levels specified in Exhibit ~A#) in return for the payments made by the City under Paragraph III. c. The County will be allowed flexibility in the assignment of available personnel ahd equipment.in order to provide the fire protection services, rescue and medical aid~ services as agreed upon herein. 1 06/18/2002 11:23 99486918 PAGE 82 D. The County provides fire personnel thru its contract with the California Department of Forestry and. Fire Protection and if during the term of this agreement City shall 9. desire a reduction in STATE civil service employees assigned to the organization provided for in Exhibit "A", city shall ~ provide one hundred twenty (120) days written notice of the . requested reduction- Proper notification shall include the · 4 fetlowing (1). The total amount of reduction;' (2) The firm .effective'date Of the reduction; and (3) The numb. er of . 5 employees, by classification, affQcted by a reduction. If such notice is not provided, City shall reimburse County for § relocation costs incurred by STATE because of the reduction. Personnel reductions resulting solely due to an increase in ~ STATE employee salaries or STATE expenses occurring after 8 signing this agreement and set forth in Exhibit "A" to this agreement shall not be.subject to relocation expense 9 reimbursement, by City. E. The City shall appoint the County Fire Chief referred -10 to under Paragraph A. a~ove, to be the City Fire Chief. 11 III 19.. pAYMENT FOR SERVICES A. ' The City has appropriated a sum of money to pay 14 for fire protection{ services within th~ 'area Of responsibility of the..City for the period fro~.the date'of execution of tbLis 1'5 Agreement to June 30, 2003. lS B- The County shall make a claim to the City for 17 the actual cost Of contracted services as shown on Exhibit "A" during each of the following periods: (1) July 1 through 18 September 31, claim in '~9¢t~bez (2) October i through December 31, claim in january (3) January I through March 31, claim 19 in April and (4) April 1 throu'gh June 30, claim in April for the estimated cost of services after any g0 deduction for ,fire taxes, with final reconciliation to actual t' costs resul lng in an additional claim or refund to City, in July. City shall pay each claim within fifteen (15) days after receipt thereof.' The County shall allow a credit in the' amount of the Structural Fire ta~es as determined by County to be collected in each Fiscal Year of this Agreement. The allowed credit shall not exceed th% cost of contracted' services. C. Any change of the salaries or expenses set forth in said Exhibit "A" made necessary by action of the Legislature or any other public agency with authority to direct change~ in the level of salaries Or e~penses, shall be_ ~? paid from the funds represented therein or as said Exhibit... __.F "A"- There shall be no obligation on the part of the City to ~-8 expend or appropriate any sum in excess of the total of 2 06/18/2002 11:23 ~9406~10 PAGE 03 Exhibit "A" which exceeds the appropriation of the City for the purposes of the Agreement- If within thirty (30) d~ys after notice in writing from the County to the City that the actual cost of maintaining the services specified in Exhibit "A" aS a result of Legislative or other action has failed to agree to make available the necessary additional funds, the County shall have the right to reduce said services by a like '4 amount a~d shall promptly notify the City specifying the services Go be reduced. If City desires to add funds to the 5 total included herein to cover the cost of increased salaries or services, such increase shall be accomplished by an amendment to this Agreement approved by the parties hereto- IV ? 8 11, 1¢ 'iS 16 17 18 20 21 SS 26 ~8 HOLDING OVER A. The initial term of this Agreement shall be from July I, 2002 to June 30, 2005. Either party to this Agreement may terminate this Agreement by providing a written notice of termination to the other party hereto twelve(12)months prior to the expiration of the term hereof- In no event shall this Agreement be terminated by either party prior to June 30, 2003. If no written notice of termination is received by either party prior to June 30, 2005, this Agreement shall be automatically renewed at the same level of service, but at the level 'of expense in effect for the year'of renewal, and otherwise oh the.~ame t~ms'and c.onditions herein specifie.d, so far as applicable until: (1) A new Agreement is fully executed, or (2) Termination of the Agreement following one year prior written notice of termination, or (3) New Zxhibit '!A" is mutually agreed ~o by and between thD parties- B. This Agreement may be terminated by mutual consent of the parties at any time after June 30, 2005. C. Nothing herein shall be constructed as excusing City's compliance with Government ~ode Section 25643.. V COOPERATIVE oPERATIONS All fire protection, resdue, and medical, aid.work contemplated under this Agreement shall be done' by ~t~ ' 06/18/2002 11:23 99406910 PAGE 2 '4 5 6 ? 9 11 '1.2 14 16 17 19 Z0 ~5 ~8 parties to this Agreement working as one unit; therefore, personnel and equipment, regardless of whether they are. included in Exhibit "A" may be temporarily dispatched elsewhere from time to time for mutual aid. Coverage will be provided to City following the County's standard move-up and cover procedures- VI MUTUAL. AID When rendering mutual aid or assistance as authorized in Section 13050 and 13054, Health and Safety Code, the County may demand payment of charges and seek reimbursement of City costs for personnel as funded herein, under authority given by Section 13051 and 13054, Health and Safety Code- The County in seeking such reimbursement County shall represent City in following the procedures set forth in Section 13052, Health and Safety Code. Any recovery of City costs, less collection expenses, shall be credited to City. VII PROPERTY ACCOUNTING ~11 personal p$operty provided by City and by the County.for the purpose o~ p~oviding fire'protectio~ and reslc~e services under the terms of this Agreement shall be marked and accounted for by the County Fire Chief in such a manner as to conform to the standard operating procedure established by the County Fire Department for the segregation, care, and use of the respective property of each. VIII' INDEMNIFICATION 04 A. City shall indemnify and hold County, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or o~ssion of City, its officers, agents, employees, subcontractors a~d independent contractors, for property damage, bodily injury or death or any other element of damage of any kind or nature, occurring in the performance of this Agreement between the parties hereto to the extent that such liability is imposed on the county by the provisions of Section 895.32 of the' Government code of the $~ate of California, and City shall defend at its expense, including attorneys fees, County, i%s officers, .agent~' ~*~ · 06/18/2002 11:23 99486918 PAGE 85 employees and independent contractors in any legal actin or claim of any kind based upon such alleged acts of omissions. B. County shall indemnify and hold City, its officers, ~ agency, employees and independent contractors free and ~ harmless from any claim or liability whatsoever, based or asserted.upon any act or omission of County, its officers, '4 agents, e/~ployees, subcontractors and independent contraQtors, for property damage,' bodily injury or death or any othe~ element of dar0age of any kind or nature, occurring in the performance of this Agreement between the parties hereto to 6 the extent that such liability is imposed on the City by the provisions of Section 895.2 of the Government Code of the 7 State of California, and County shall defend at its expense, including attorney fees, City, its officers, agents, employees 8 and independent contractor in any legal action or claim of any 9 kind based upon such alleged acts or omissions. -10 IX D~LIVERY OF NOTICES 1~ Any notices to be served pursuant to this Agreement shall be considered, delivered when deposited in the United 14 states'mail and addressed to: ~6 COUNTY CITY OF TEMECULA 16 County Fire Chief City Manager 17 210 W. San Jacinto Ave. 43200 Business Park Dr. Perris, CA 92570 P.O Box 9033 Temecula, CA 92590 19 ' Provisions of this s~ctidn do not preclude any notices being delivered in perso~ to the addresses shown ~0 above. X ENTIRE CONTRACT This contract is intended by the parties hereto as final expression of their understanding with respect to the subject matter hereof and es a complete and exclusive statement of the term~ and conditions thereof and supersedes any and all prior contemporaneous agreements and understandings, oral or written, in.connection therewith. This contract may be terminated, changed, or modlfied..ohly. upon the written consent of the parties hereto. 4 ? 9 %2 18 IN WETNESS WHEREOF, the duly authorized officials of Khe parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written. Dated: - CITY OF TEMECUI2% APPROVED AS TO FoRM By ATTEST: By__ By Title COUNTY OF RI~-~RSIDE Title ATTEST: By Chairman, Board'of SupervisOr~ GEP~LD A. F~%LONEY Clerk of the Board By __ . Deputy (SEAL) F:AGR\~emecula Agr 24 26 07/15/2003 ~.XH~BI~ AI~'IqD~D .JULY 22, 2003 CITY OF TEMECULA FIRE PROTECTION, FIRE PREVENTION & PARAMEDIC SERVICES COST ESTIMATE FOR FISCAL YEAR 2003/2004. PARAMEDIC TEAMS (2), 3 PERSON ENGINE CO., 4 PERSON TRUCK CO. EXHIBIT "A" SERVICE DELIVERY CAPT. FAE COST CAPTAINS ENGRS. FF II's MEDIC MEDIC STA. #12 270,431 111,375 I 191,235 2 411,193 5 STA. #73 270,431 191,235 2 328,955 4 (Truck Co.) 334,124 3 286,853 .3 493,432 6 STA.#84 270,431 111,375 1 191,235 2 411,193 5 124,959 1 STA. #92 270,431 111,375 I 191,235 2 411,193 5 6 tl 25 1 FF II MEDIC 325,833 3 285,176 3 217,222 2 285,176 3 SUBTOTAL STAFF COUNT SUBTOTAL STAFF COST FIRE ENGINE USE AGREEMENT 14,750 each engine BATTALION CHIEFS FiRE CAPTAIN (FIRE MARSHALL) FiRE SAFETY SPEC. FIRE SYSTEMS INSPEC 143,905 each 111,375 each 68,000 each 62,000 each TOTAL 984,234 1,401,630 1,114,409 1,611,591 984,234 6,096,098 59,000 287,810 111,375 340,000 124,000 TOTAL STAFF COUNT TOTAL ESTIMATED CITY BUDGET * ESTIMATED TEMECULA FiRE TAX CREDIT ** FACILITY USAGE CREDIT NET ESTIMATED CITY BUDGET 7,018,282 (3,507,584) (34,725) $3,475,974 *TAX CREDIT: FIRE TAXES 2,997,786 REDEV. TAXES 509,797 TOTAL 3,507,584 ** No utilities, facility maint., appliances, furnishings, or prop. Insurance at #84 & # 92. These items are paid directly by the City or the cost- shared with the State. ITEM 5 APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Jim Domenoe, Chief of Police Genie Roberts, Director of Finance July 22, 2003 Fifth Amendment to Agreement for Law Enforcement Services RECOMMENDATION: That the City Council approve the fifth amendment to the agreement for law enforcement services between the County of Riverside and the City of Temecula to include the hiring of one motorcycle officer ', one traffic investigation officer, and one patrol officer. BACKGROUND: The City of Temecula has contracted with the County of Riverside Sheriff's Department for law enforcement services since incorporation. On July 25, 2000 the City Council approved the existing five-year contract for law enforcement services with the County of Riverside. On November 14, 2000 the City Council approved the first amendment to the contract to address field-training costs associated with the addition of new officers. On February 27, 2001 the City Council approved the second amendment to the contract to provide for the addition of five patrol officers as a result of the Vail Ranch annexation. On July 24, 2001, the City Council approved the third amendment to the contract, which added one lieutenant, one motorcycle officer for the Neighborhood Enforcement Team (NET) and one Community Service Officer. On June 25, 2002, the City Council approved the fourth amendment to the contract, which added two motorcycle officers, two patrol officers and one task force officer for the Southwest Corridor Task Force. Temecula Police Department staffing levels are driven by a target ratio of one sworn officer for every one thousand residents. Department of Finance population information recently released indicates that the current population of Temecula is 75,000. In an effort to maintain this ratio, the police deparlment proposes to add three new officer positions. This addition of personnel will bring the total number of sworn officers to 76 and will exceed the target ratio of officers to population. The following contract modifications are requested in order to meet the needs of our growing city and to ensure sufficient staffing resources to provide appropriate response times to calls for service. One motorcycle officer will be added to supplement the existing complement of eight motorcycle officers. Two of these motorcycle officers are dedicated to the Neighborhood Enforcement Team (NET), which provides dedicated traffic enforcement to the many neighborhoods in Temecula. The additional motorcycle officer would enhance the ability of the police department to respond to the many requests for service within the city. An additional traffic investigation unit will be added to handle that increase in traffic accident investigations and will also assist with traffic law enforcement. 1 One additional patrol officer will be used to enhance our commitment to overall public safety and will help maintain our target for response to priority one calls for service at six minutes, FISCAL IMPACT: The projected cost of the three positions that will be added as a result of this contract amendment is approximately $411,212 for FY 2003-04 at the estimated 2003-2004 contract rates. Adequate funds have been included in the FY 2003-04 operating budget to cover staffing and other costs related to these positions. ATTACHMENT: Fifth Amendment to Agreement for Law Enforcement Services between County of Riverside and City of Temecula. ORiGiNAL FIFTH AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN COUNTY OF RIVERSIDE AND CITY OF TEMECULA IT IS MUTUALLY AGREED that the Agreement for Law Enforcement Services between the County of Riverside and the City of Temecula, approved by the Board of Supervisors on December 19, 2000, for services effective July 1,2000 through June 30, 2005, as amended December 19, 2000, March 27,2001, August 14, 2001 and October 29, 2002 is hereby amended in the following respects only: 1. Section 4.3 is amended to read as follows: 4.3 City-Owned Motorcycles and Vehicles. In the event City chooses to provide motorcycles or vehicles for use in providing services hereunder, the motorcycles or vehicles shall meet minimum specifications furnished by County, shall be adequately equipped and ready for use, and shall be registered in the name of City. City shall bear the cost of maintenance, fuel, licensing, and any and all expenses associated with use of the vehicle for the provision of services hereunder, which is inclusive of responsibility for any and all cost for physical damage to the City-owned motorcycles or vehicles. However, County shall be responsible for the cost of all third party liability caused by the operation of the City-owned motorcycles or vehicles, including the property damage caused by the negligence or wrongful acts of County officers and employees while operating City-owned motorcycles and vehicles. Motorcycles and vehicles owned by City shall be used only for City-approved functions. 2. Section 4.4 is added and reads as follows: 4.4 Vehicle Insurance. City shall maintain insurance for any physical damage to the vehicles in an amount equal to the replacement value of all vehicles provided to the County under this agreement. Policy shall, by endorsement, name the County of Riverside, its Departments, Districts, Agencies and Special Districts, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, or representatives as Additional Insureds. Such insurance may be provided through a program of self-insurance. General Insurance Provisions - All lines: a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. b. The Contractor shall cause their insurance carrier(s) to furnish the County of Riverside with 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein; or, 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carder(s) shall provide no less than thirty (30) days written notice be given to the County of Riverside prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage's and the insurance required herein is in full force and effect. Individual(s) authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. Contractor shall not commence operations until the County of Riverside has been furnished original Certificate (s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Section. c. It is understood and agreed by the parties hereto and the Contractor's insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the County's insurance and/or deductibles and/or self- insured retentions or self-insured programs shall not be construed as contributory. 3. Section 6.4 is amended to read as follows: 6.4 Field Training Costs. Should City elect to add additional Deputy Sheriff positions to the level of service described herein, there will be an associated field training cost for each additional position. City will be billed, on a separate invoice, up to a maximum of sixteen (16) weeks of training on a one-time basis for each additional Deputy position. Said cost will be charged at the Unsupported Deputy hourly rate as approved by the County Board of Supervisors. Billing will be provided within 30 days of the Board of Supervisors approval of any new positions. Field training costs will not apply to supervisory' or classified positions added to the level of service. 4. Section 7.1 is amended to read as follows: 7.1 Indemnification by City. City shall indemnify and hold County, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of City, its officers, agents, employees, volunteers subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature arising out of the performance of this Agreement to the extent that such liability is imposed on County by the provisions of California Government Code Section 895.2 or other applicable law, and City shall defend at its expense, including attorney fees, County, its officers, agents, and employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. 5. Section 7.2 is amended to read as follows: 7.2 Indemnification by County. County shall indemnify and hold City, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of County, its officers, agents, employees, volunteers, subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature arising out of the performance of this Agreement to the extent that such liability is imposed on City by the provisions of California Government Code Section 895.2 or other applicable law, and County shall defend at its expense, including attorney fees, City, its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. 6. Section 11 is amended to read as follows: 11. NOTICES Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below: County City Bob Doyle, Sheriff Riverside County Sheriff's Department Post Office Box 512 Riverside, California 92502 City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn: City Manager or to such other addresses as from time to time may be designated by the respective parties. An information copy of any notice to County shall also be sent to: Clerk of the Board of Supervisors County of Riverside 4080 Lemon Street, 1st Floor Riverside, California 92501 # # # # # # # # 7. Attachment A is amended to read as follows: ATTACHMENT A CITY OF TEMECULA LEVEL OF SERVICE Average Patrol Services 151.2 supported hours per day. (Approximate equivalent of thirty-one (31) Deputy Sheriff positions @ 1,780 annual productive hours per position standard.) Dedicated Positions One (1) Sheriff s Lieutenant Two (2) Sheriff s Sergeant positions Two (2) Deputy Sheriff (fully supported) positions-Special Enforcement Team Six (6) Deputy Sheriff (fully supported) positions-Community Policing Team Twelve (12) Deputy Sheriff (fully supported) positions-Traffic/Motorcycle Team One (1) Deputy Sheriff (fully supported) position-K-9 Deputy One (1) Deputy Sheriff (fully supported) Southwest Corridor Task Force Two (2) Deputy Sheriff (unsupported) positions-School Resource Officers (year-round) Eleven (11) Community Service Officer II positions One (1) Community Service Officer I position IN WITNESS WHEREOF, the City of Temecula, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused 4 this Agreement to be signed by the Chairman of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below. CITY OF TEMECULA Dated: By: Mayor ATTEST: Name Title By: Dated: By: COUNTY OF RIVERSIDE Chairman, Board of Supervisors ATTEST: Nancy Romero Clerk of the Board By: Deputy FORM APPROX'/ED COL INT¥ CO/II'J~FL JUL 0 1 2003 FIFTH AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN COUNTY OF RIVERSIDE AND CITY OF TEMECULA IT IS MUTUALLY AGREED that the Agreement for Law Enforcement Services between the County of Riverside and the City of Temecula, approved by the Board of Supervisors on December 19, 2000, for services effective July 1, 2000 through June 30, 2005, as amended December 19, 2000, March 27,2001, August 14, 2001 and October 29, 2002 is hereby amended in the following respects only: 1. Section 4.3 is amended to read as follows: 4.3 City-Owned Motorcycles and Vehicles. In the event City chooses to provide motorcycles or vehicles for use in providing services hereunder, the motorcycles or vehicles shall meet minimum specifications furnished by County, shall be adequately equipped and ready for use, and shall be registered in the name of City. City shall bear the cost of maintenance, fuel, licensing, and any and all expenses associated with use of the vehicle for the provision of services hereunder, which is inclusive of responsibility for any and all cost for physical damage to the City-owned motorcycles or vehicles. However, County shall be responsible for the cost of all third party liability caused by the operation of the City-owned motorcycles or vehicles, including the property damage caused by the negligence or wrongful acts of County officers and employees while operating City-owned motorcycles and vehicles. Motorcycles and vehicles owned by City shall be used only for City-approved functions. 2. Section 4.4 is added and reads as follows: 4.4 Vehicle Insurance. City shall maintain insurance for any physical damage to the vehicles in an amount equal to the replacement value of all vehicles provided to the County under this agreement. Policy shall, by endorsement, name the County of Riverside, its Departments, Districts, Agencies and Special Districts, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, or representatives as Additional Insureds. Such insurance may be provided through a program of self-insurance. General Insurance Provisions - All lines: a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. b. The Contractor shall cause their insurance carrier(s) to furnish the County of Riverside with 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein; or, 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) shall provide no less than thirty (30) days written notice be given to the County of Riverside prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage's and the insurance required herein is in full force and effect. Individual(s) authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. Contractor shall not commence operations until the County of Riverside has been furnished original Certificate (s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Section. c. It is understood and agreed by the parties hereto and the Contractor's insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the County's insurance and/or deductibles and/or self- insured retentions or self-insured programs shall not be construed as contributory. 3. Section 6.4 is amended to read as follows: 6.4 Field Training Costs. Should City elect to add additional Deputy Sheriff positions to the level of service described herein, there will be an associated field training cost for each additional position. City will be billed, on a separate invoice, up to a maximum of sixteen (16) weeks of training on a one-time basis for each additional Deputy position. Said cost will be charged at the Unsupported Deputy hourly rate as approved by the County Board of Supervisors. Billing will be provided within 30 days of the Board of Supervisors approval of any new positions. Field training costs will not apply to supervisory~ or classified positions added to the level of service. 4. Section 7.1 is amended to read as follows: 7.1 Indemnification by City. City shall indemnify and hold County, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of City, its officers, agents, employees, volunteers subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature arising out of the performance of this Agreement to the extent that such liability is imposed on County by the provisions of California Government Code Section 895.2 or other applicable law, and City shall defend at its expense, including attorney fees, County, its officers, agents, and employees and independent contractors in any legal action or claim 2 of any kind based upon such alleged acts or omissions. 5. Section 7.2 is amended to read as follows: 7.2 Indemnification by County. County shall indemnify and hold City, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of County, its officers, agents, employees, volunteers, subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature arising out of the performance of this Agreement to the extent that such liability is imposed on City by the provisions of California Government Code Section 895.2 or other applicable law, and County shall defend at its expense, including attorney fees, City, its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. 6. Section 11 is amended to read as follows: 11. NOTICES Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below: County CiW Bob Doyle, Sheriff Riverside County Sheriff's Department Post Office Box 512 Riverside, California 92502 City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn: City Manager or to such other addresses as from time to time may be designated by the respective parties. An information copy of any notice to County shall also be sent to: Clerk of the Board of Supervisors County of Riverside 4080 Lemon Street, 1st Floor Riverside, California 92501 3 7. Attachment A is amended to read as follows: ATTACHMENT A CITY OF TEMECULA LEVEL OF SERVICE Average Patrol Services 151.2 supported hours per day. (Approximate equivalent of thirty-one (31) Deputy Sheriff positions @ 1,780 annual productive hours per position standard.) Dedicated Positions One (1) Sheriff' s Lieutenant Two (2) Sheriff' s Sergeant positions Two (2) Deputy Sheriff (fully supported) positions-Special Enforcement Team Six (6) Deputy Sheriff (fully supported) positions-Community Policing Team Twelve (12) Deputy Sheriff (fully supported) positions-Traffic/Motorcycle Team One (1) Deputy Sheriff (fully supported) position-K-9 Deputy One (1) Deputy Sheriff (fully supported) Southwest Corridor Task Force Two (2) Deputy Sheriff (unsupported) positions-School Resource Officers (year-round) Eleven (11) Community Service Officer II positions One (1) Community Service Officer I position IN WITNESS WHEREOF, the City of Temecula, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused 4 this Agreement to be signed by the Chairman of said Board and sealed and attested by the Clerk of said Board, alt on the dates indicated below. CITY OF TEMECULA Dated: By:. Mayor ATTEST: Name Title By: Dated: By:. COUNTY OF RIVERSIDE Chairman, Board of Supervisors ATTEST: Nancy Romero Clerk of the Board By:. Deputy FORM APPRO\/ED COUNTY JUL 0 1 ~003 ORiGiNAL FIFTH AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN COUNTY OF RIVERSIDE AND CITY OF TEMECULA IT IS MUTUALLY AGREED that the Agreement for La~v Enforcement Services between the County of Riverside and the City of Temecula, approved by the Board of Supervisors on December 19, 2000, for services effective July 1, 2000 through June 30, 2005, as amended December 19, 2000, March 27,2001, August 14, 2001 and October 29, 2002 is hereby amended in the following respects only: 1. Section 4.3 is amended to read as follows: 4.3 City-Owned Motorcycles and Vehicles. In the event City chooses to provide motorcycles or vehicles for use in providing services hereunder, the motorcycles or vehicles shall meet minimum specifications furnished by County, shall be adequately equipped and ready for use, and shall be registered in the name of City. City shall bear the cost of maintenance, fuel, licensing, and any and all expenses associated with use of the vehicle for the provision of services hereunder, which is inclusive of responsibility for any and all cost for physical damage to the City-owned motorcycles or vehicles. However, County shall be responsible for the cost of all third party liability caused by the operation of the City-owned motorcycles or vehicles, including the property damage caused by the negligence or wrongful acts of County officers and employees while operating City-owned motorcycles and vehicles. Motorcycles and vehicles owned by City shall be used only for City-approved functions. 2. Section 4.4 is added and reads as follows: 4.4 Vehicle Insurance. City shall maintain insurance for any physical damage to the vehicles in an amount equal to the replacement value of all vehicles provided to the County under this agreement. Policy shall, by endorsement, name the County of Riverside, its Departments, Districts, Agencies and Special Districts, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, or representatives as Additional Insureds. Such insurance may be provided through a program of self-insurance. General Insurance Provisions - All lines: a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VII/(A: 8) unless such requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. b. The Contractor shall cause their insurance carrier(s) to furnish the County of Riverside with 1) a properly executed original Certificate(s) of la~surance and certified original copies of Endorsements effecting coverage as required herein; or, 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) shall provide no less than thirty (30) days written notice be given to the County of Riverside prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage's and the insurance required herein is in full force and effect. Individual(s) authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. Contractor shall not commence operations until the County of Riverside has been furnished original Certificate (s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Section. c. It is understood and agreed by the parties hereto and the Contractor's insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the County's insurance and/or deductibles and/or self- insured retentions or self-insured programs shall not be construed as contributory. 3. Section 6.4 is amended to read as follows: 6.4 Field Training Costs. Should City elect to add additional Deputy Sheriff positions to the level of service described herein, there will be an associated field training cost for each additional position. City will be billed, on a separate invoice, up to a maximum of sixteen (16) weeks of training on a one-time basis for each additional Deputy position. Said cost will be charged at the Unsupported Deputy hourly rate as approved by the County Board of Supervisors. Billing will be provided within 30 days of the Board of Supervisors approval of any new positions. Field training costs will not apply to supervisory' or classified positions added to the level of service. 4. Section 7.1 is amended to read as follows: 7.1 Indemnification by City. City shall indemnify and hold County, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of City, its officers, agents, employees, volunteers subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature arising out of the performance of this AgTeement to the extent that such liability is imposed on County by the provisions of California Government Code Section 895.2 or other applicable law, and City shall defend at its expense, including attorney fees, County, its officers, agents, and employees and independent contractors in any legal action or claim 2 of any kind based upon such alleged acts or omissions. 5. Section 7.2 is amended to read as follows: 7.2 Indemnification by County. County shall indemnify and hold City, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of County, its officers, agents, employees, volunteers, subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature arising out of the performance of this Agreement to the extent that such liability is imposed on City by the provisions of California Government Code Section 895.2 or other applicable law, and County shall defend at its expense, including attorney fees, City, its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. 6. Section 11 is amended to read as follows: 11. NOTICES Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below: County CiW Bob Doyle, Sheriff Riverside County Sheriff's Department Post Office Box 512 Riverside, California 92502 City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn: City Manager or to such other addresses as from time to time may be designated by the respective parties. An information copy of any notice to County shall also be sent to: Clerk of the Board of Supervisors County of Riverside 4080 Lemon Street, 1 st Floor Riverside, California 92501 // // // // // // // // 7. Attachment A is amended to read as follows: ATTACHMENT A CITY OF TEMECULA LEVEL OF SERVICE Average Patrol Services 151.2 supported hours per day. (Approximate equivalent of thirty-one (31) Deputy Sheriff positions @ 1,780 annual productive hours per position standard.) Dedicated Positions One (1) Sheriff' s Lieutenant Two (2) Sheriff s Sergeant positions Two (2) Deputy Sheriff (fully supported) positions-Special Enforcement Team Six (6) Deputy Sheriff (fully supported) positions-Community Policing Team Twelve (12) Deputy Sheriff (fully supported) positions-Traffic/Motorcycle Team One (1) Deputy Sheriff (fully supported) position-K-9 Deputy One (1) Deputy Sheriff (fully supported) Southwest Corridor Task Force Two (2) Deputy Sheriff (unsupported) positions-School Resource Officers (year-rouna) Eleven (11) Community Service Officer II positions One (1) Community Service Officer I position IN WITNESS WHEREOF, the City of Temecula, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be signed by the Chairman of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below. CITY OF TEMECULA Dated: By:. Mayor ATTEST: Name Title By: Dated: By:. COUNTY OF RIVERSIDE Chairman, Board of Supervisors ATTEST: Nancy Romero Clerk of the Board By:. Deputy FOR'~,~ APPROVED COl JNTY COUN,~FL JUL 0 1 2003 ! ITEM 6 APPROVAL,~,,~/.~/_ CITY ATTORNEY // ~' DIRECTOROFFINANCE' ~ CITY MANAGER z~f) TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, Finance Director July 22, 2003 Roripaugh Ranch Detachment from Valley Wide Recreation and Park District RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION No. 03-._ A JOINT RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLEY WIDE RECREATION AND PARK DISTRICT AND THE CITY COUNCIL OF THE CITY OF TEMECULA DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BY AND BETWEEN THE CITY OF TEMECULA AND THE VALLEY WIDE RECREATION AND PARK DISTRICT RESULTING FROM THE RORIPAUGH RANCH DETACHMENT FROM THE VALLEY WIDE RECREATION AND PARK DISTRICT BACKGROUND: On November 26, 2002, the City Council approved the Roripaugh Ranch project. Because a portion of this subject property was located outside the City limits, on December 17, 2002, the City adopted Resolution No. 02-125 to complete the annexation of that property through proceedings by LAFCO. Property tax was assessed to this property prior to the City's annexation through the Valley-Wide Recreation and Park District (VWRPD) for payment of certain bond certificates issued by VWRPD. As a result of this property tax, it was necessary to come to an agreement to pay the property taxes and detach this property (Roripaugh Ranch) from VWRPD. Pursuant to Section No. 99 of the Revenue and Taxation Code, prior to the issuance of a certificate of filing by the LAFCO Executive Officer, the governing bodies of all local agencies whose service area or service responsibilities will be altered by a proposed jurisdictional change shall negotiate and determine by resolution the amount of property tax revenues to be exchanged between and among such local agencies. The City of Temecula and the Valley Wide Recreation and Park District (VWRPD) have determined the amount of property tax revenues to be exchanged as a result of the Roripaugh Ranch detachment from the VVVRPD to be a total of $13,704. Subject to approval by both the City Council and the Board of Directors of VWRPD, this proposed resolution sets forth the terms of the agreement reached between the City and VWRPD. Under this agreement, 100% of the property taxes allocated to VWRPD for the Roripaugh Ranch detachment area (the "Detachment Area") are currently pledged by VVVRPD for payment of the debt service on VVVRPD's Certificates of Participation. The City will agree that upon the detachment from VWRPD of the Detachment Area, 100% of the property taxes currently allocated to VVVRPD for the Detachment Area shall be reallocated to the City. In addition, VWRPD and the City will agree to take such further actions as are required to effectuate this property tax allocation with the Auditor Controller and Tax Collector of Riverside County and LAFCO. FISCAL IMPACT: Adequate funds are available in the Planning Department budget for the payment of $13,704. ATTACHMENTS: City Council Resolution No. 03-__ RESOLUTION NO. 03- A JOINT RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLEY WIDE RECREATION AND PARK DISTRICT AND THE CITY COUNCIL OF THE CITY OF TEMECULA DETERMINING THE AMOUNT OF PROPERTY TAX REVENUES TO BE EXCHANGED BY AND BETWEEN THE CITY OF TEMECULA AND THE VALLEY WIDE RECREATION AND PARK DISTRICT RESULTING FROM THE JURISDICTIONAL CHANGE DESCRIBED BY LAFCO 2001-22-3. THE BOARD OF DIRECTORS OF THE VALLEY WIDE RECREATION AND PARK DISTRICT AND THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY RESOLVE AS FOLLOWS: Section '1. The Valley Wide Recreation and Park District Board and the City of Temecula City Council do hereby find, determine and declare that: The City of Temecula submitted an annexation proposal to the Riverside Local Agency Formation Commission (LAFCO); and Pursuant to Section No. 99 of the Revenue and Taxation Code, prior to the issuance of a certificate of filing by the LAFCO Executive Officer, the governing bodies of all local agencies whose service area or service responsibilities will be altered by a proposed jurisdictional change shall negotiate and determine by resolution the amount of property tax revenues to be exchanged between and among such local agencies; and Pursuant to Section 99.01 of the Revenue and Taxation Code, and notwithstanding the provisions of paragraph (5) of subsection (b) of Section 99 of the Revenue and Taxation Code, any special district affected by a jurisdictional change may negotiate on its own behalf; and The City of Temecula and the Valley Wide Recreation and Park District (VWRPD) have determined the amount of property tax revenues to be exchanged as a result of the following jurisdictional change(s): LAFCO 2001-22-3-MINOR: APPROVING THE PROPOSED REORGANIZATION TO INCLUDE ANNEXATIONS TO THE CITY OF TEMECULA, THE TEMECULA COMMUNITY SERVICES DISTRICT (Subsidiary) AND CONCURRENT DETACHMENTS FROM COUNTY SERVICE AREA t52 AND THE RIVERSIDE COUNTY WASTE RESOURCES MANAGMENT DISTRICT Section 2. One hundred percent (100%) of the property taxes allocated to VWRPD for the area referenced by LAFCO 2001-22-3 (Detachment Area), are currently pledged by VWRPD to pay the debt service on VWRPD's Certificates of Participation, issued in the principal amount of $1,765,000 (Certificates). The City does hereby agree to pay VWPRD the sum of $13,704 which amount represents the contribution of the taxes from Detached Area to the payment of debt service on the Certificates. The City Council does hereby resolve and order that pursuant to the provisions of Revenue and Taxation Code Section 99, upon the detachment from VWRPD of the Detachment Area it is the intent of City and VWRPD that one hundred percent (100%) of the property taxes currently allocated to VWRPD for the Detachment Area shall be reallocated to the City. VWRPD and the City agree to take such further actions as are required to effectuate this property tax allocation with the Auditor Controller and Tax Collector of Riverside County and LAFCO. Section 3. The County Auditor shall convert the above-established percentage figures into actual dollar figures and thereafter allocate such property tax revenue in accordance with the provisions of Section 95, et. seq., of the Revenue and Taxation Code. Section 4. No additional transfer of property tax revenues shall be made to or from any other taxing agency or agencies as a result of this Resolution. Section 5. The City Clerk and the Clerk to the Board shall certify to the adoption of this Resolution by the City Council and cause a certified copy to be sent to the LAFCO Executive Officer. Section 6. This Resolution becomes effective upon adoption by the Temecula City Council and the VWRPD Board. Section 7. If any section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, the City and VWRPD shall be deemed to have adopted this Resolution without such section, subsection, sentence, clause or phrase. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 22nd day of July, 2003. A'I-I'EST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, 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 22nd day of July, 2003, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk The foregoing Resolution was adopted by the Board of Directors of the Valley Wide Recreation and Park District on the 22nd day of July, 2003. VALLEY WIDE RECREATION AND PARK DISTRICT ATTEST: Valerie Rangel Clerk of the Board By: ITEM 7 TO: FROM: DATE: SUBJECT: APPROVAL CITY ~ DIR. OF FINANCEI_~z~ CITY MANAGER CiTY OF TEMEGULA AGENDA REPORT City Manager/City Council Genie Roberts, Director of Finance ~ July 22, 2003 City Treasurer's Statement of Investment Policy PREPARED BY: Polly yon Richter, Revenue Manager ~:2~ RECOMMENDATION: That the City Council adopt the Treasurer's Statement of Investment Policy as proposed by staff which provides safety, liquidity and yield for City funds. DISCUSSION: The California legislature has passed legislation imposing a State-mandated local program requiring the treasurer or chief fiscal officer to render an annual statement of investment policy to the legislative body of the local agency and to render a quarterly report containing specified information regarding investments and deposits to the chief executive officer and the legislative body of the local agency. The attached Treasurer's Statement of Investment Policy conforms with the requirements and guidelines established by the California Municipal Treasurer's Association and the California Society of Municipal Finance Officers. The City of Temecula currently invests primarily in the State of California Local Agency Investment Fund (LAIF). This investment is consistent with the City's investment policy that prioritizes safety and liquidity over yield. It is prohibited by state code from investing in certain derivative products such as inverse floaters. LAIF investment policy also puts constraints on the use of reverse " ne repurchase agreements. Government Code Section 16429.3 states that mo y placed with the State Treasurer for deposit in LAIF by cities, counties, or special districts shall not be subject to impoundment or seizure by any state official or state agency." Investment in LAIF remains a viable option for the City, however, in order to generate a maximum amount of investment income within the parameters of prudent risk management, the City's investment portfolio should reflect greater diversity. A proactive effort at managing investments will result in greater returns while preserving our principal objective of protecting the City's treasury. The attached investment policy reflects no changes from the previous policy adopted by the City Council on July 9, 2002. FISCAL IMPACT: None ATTACHMENTS Proposed Investment Policy CITY OF TEMECULA Investment Policy IINTRODUCTION: I The intent of this Investment Policy is to establish the limits within which the City's Investment Program shall be conducted. Investment goals and objectives are defined. Authorized investments and reporting requirements are identified. The City's Broker/Dealer Questionnaire is included. The monies entrusted to the City Treasurer will be referred to as the "Fund" throughout the remainder of this document. OBJECTIVES: The investment policies and practices of the City of Temecula are based upon State law and prudent money management. The primary goals of these policies include: 1. To protect the principal monies entrusted to this office. Safety of principal is the foremost objective of the City of Temecula. Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker-dealer default, or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk. Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing only with issuers whose financial strength and reputation can be verified to be the highest as rated by nationally known rating agencies, and by diversifying the investment portfolio se that the failure of any one issuer would not unduly harm the City's cash flow. Market risk, the risk of market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by (a) structuring the portfolio so that securities mature earlier than or concurrent with the timing of major cash outflows, thus eliminating the need to sell securities prior to their maturity; (b) prohibiting the use of leverage and margin accounts; and (c) prohibiting the taking of short positions - that is, selling securities which the City does not own. It is explicitly recognized herein, however, that in a diversified portfolio, occasional measured losses are inevitable, and must be considered within the context of the overall investment return. 2. To provide sufficient liquidity to meet normal operating and unexpected expenditures. The portfolio will be structured with sufficient liquidity to alIow the City to meet expected cash requirements. This will be accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands. Since all possible cash demands cannot be anticipated, the portfolio will maintain a liquidity buffer and invest primarily in securities with active secondary and resale markets. To assure compliance with all Federal~ State~ and Local laws qoverninq the investment of monies under the control of the City Treasurer. The legal basis for the City's investment activities is the City of Temecula Municipal Code, Chapter 3.04, Revenue and Finance, Fiscal Provisions Generally and Government Code Sections 53600 to 53609 and 53630 to 53686, which include parameters for authorized investments, report of investments and investment authority. Revised: July, 2002 ICity of Temecula INVESTMENT POLICY Page 21 To .qenerate a maximum amount of investment income within the parameters of prudent risk manaqement and consistent with the above policies. The City's investment portfolio shall be designed to attain a market-average rate of return through economic cycles. The market-average rate of return is defined as the average return on three- month U.S. Treasury bills. Whenever possible, and consistent with risk limitations and prudent investment principles, the Treasurer shall seek to augment returns above the market average rate of return. The policy will also address risk management because it is such an integral part of the investment policy. To concentrate only on maximizing return would be dangerous. Therefore, policy issues will be directed to: 1 ) limiting the Fund's exposure to each issue and issuer of debt, and 2) determining a minimum credit requirement that firms must have in order to hold City money. ISCOPE: I This investment policy applies to all funds under the control of the City Treasurer, including but not limited to the general fund, special revenue funds, enterprise funds, debt service funds, capital improvement funds, trust funds and proceeds of bonds sale in the custody of the Treasurer and any other funds under his control. California Government Code Section 53601 (1) permits money from bond proceeds, obligations under a lease, installment sales or other agreements to be invested in any security that meets the statutory provisions governing the issuance of the bond or other agreements made by the issuing agency. INVESTMENT AUTHORITY: The City of Temecula Municipal Code delegates to the City Treasurer the authority to invest and reinvest moneys of the city, to sell or exchange securities, and to deposit them and provide for their safekeeping. The City Treasurer is responsible for daily management of the investment program, including: v' Establishing procedures for operation consistent with the investment policy. v' Approving daily investment transactions. ,/ Developing projections of the City's cash requirements for operating needs. v' Reviewing the liquidity position of the investment portfolio. · ,~Ensuring that the City's cash position is consistent with operating requirements. ,/ Preparing appropriate investment repeals. ¢' Developing, implementing and monitoring controls over investments. ¢' Developing record keeping for investment transactions. The City Treasurer may delegate investment authority to qualified and competent officials and City employees such as the Finance Director, Assistant Finance Director, or Revenue Manager. All persons authorized to make investment decisions on behalf of the City are trustees of the public funds and therefore fiduciaries subject to the following prudent investor standard as defined in California Government Code Section 53600.3: When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with Revised: July, 2002 ICit~ of Temecula INVESTMENT POLICY Page 31 like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law. SAFEKEEPING OF SECURITIES: To protect against potential losses by collapse of individual securities dealers, all securities owned by the City, including collateral on repurchase agreements, shall be held in safekeeping by a third party bank trust department, acting as agent for the City under the terms of a custody agreement executed by the bank and by the City. All securities will be received and delivered using standard delivery versus payment procedures (i.e., the City's safekeeping agent will only release payment for a security after the security has been properly delivered). This section is intended to comply with Government Code 53635. IREPORTING: I The City Treasurer shall render a monthly report to the City Manager and City Council showing the type of investment, issuing institution, selling institution, date of maturity, par and dollar amount of deposit, current market value for all securities, return on the City's investment portfolio expressed as an annual percentage rate, yield to maturity, cash flow information demonstrating that the City can meet its upcoming financial obligations, and such data as may be required by the City Council. The report shall also state its relationship to this statement of investment policy, as directed under the Code. The Treasurer shall annually submit a recommended updated Investment Policy to be reviewed and approved by the City Council. The City's investment reporting policy meets or exceeds the requirements of Section 53646 of the California Government Code. [ QUALIFIED DEALERS: The City shall transact investments only with banks, savings and loans, investment security dealers and the State of California Local Agency Investment Fund. The dealers must be primary dealers regularly reporting to the New York Federal Reserve Bank. Exceptions to this rule will be made only after thorough research and documented confirmation of financial strength and reputation and after approval by the City Manager. Investment staff shall investigate dealers who wish to do business with the City in order to determine if they are adequately capitalized, market securities appropriate to the City's needs, and are recommended by managers of portfolios similar to the City's. The City's Broker/Dealer Questionnaire (Attachment A) will be used in this investigation. The City shall at least annually send a copy of the current investment policy to all dealers approved to do business with the City. Confirmation of receipt of this policy shall be considered as evidence that the dealer understands the City's investment policies, and intends to show the City only appropriate investments. Revised: Julv. 2002 ICity of Temecula INVESTMENT POLICY Page AUTHORIZED INVESTMENTS: Investments shall be made in the context of the "prudent investor" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." The City is further governed by the California Government Code, Sections 53600 et seq. Within the context of these limitations, the following investments are authorized, as further limited herein: United States Treasury Bills~ Bonds, and Notes, or those for which the full faith and credit of the United States are pled.qed for payment of principal and interest. There is no limitation as to the percentage of the portfolio that can be invested in this category. Maturity is not to exceed the projected dates of the City's cash needs or five years, whichever is less. Obliqations issued by the Federal Farm Credit Bank System (FFCB), the Federal Home Loan Bank Board (FHLB), the Federal Home Loan Mortqa.qe Corporation (FHLMC), Federal National Mortqa.qe Association (FNMA), and other United States aqency obliqations with maturities of five years or less. Although there is no percentag~ limitation on the dollar amount that can be invested in these issues, the "prudent investor" rule shall apply for a single agency name. Maturity is not to exceed the projected dates of the City's cash needs or five years, whichever is less. Bills of exchanqe or time drafts drawn on and accepted by a commercial bank, otherwise known as banker's acceptances. Banker's acceptances purchased may not exceed 180 days to maturity or 40% of the market value of the portfolio. No more than 10% of the market value of the portfolio may be invested in banker's acceptances issued by any one bank. Commercial paper ranked "P1" by Moody's Investor Services and "Al+" by Standard and Poor's, and issued by a domestic corporation havinq assets in excess o~' $500~000~000 and havin.q an "A" or better ratinq on its Ion.q-term debentures as provided by Moody's or Standard and Poor's. Purchases of eligible commercial paper' may not exceed 15% of the market value of the portfolio. No more than 10% of the market value of the portfolio may be invested in commercial paper issued by any one corporation. The City may invest in no more than 10% of a single corporation. The City may invest in no more than 10% of a single corporation's commercial paper, Maturity is not to exceed 180 days. Neqotiable certificates of deposit issued by nationally or state-chartered banks or state or federal savinqs and loan associations. Negotiable certificates of deposit (NCDs) differ from other certificates of deposit by their deposit liquidity. They are issued against funds deposited for specified periods of time and earn specified or variable rates of interest. NCDs are traded actively in secondary markets. When feasible, an independent trading service will be used as part of the evaluation process. Issuers must be rated "B" or better by Thomson Bank Watch or equivalent rating service, or rated A-1 for deposits by Standard & Poors, or P-1 for deposits by Moodys or comparably rated by a national rating agency. Transactions in NCDs shall not collectively exceed 30% of the total portfolio in effect immediately after any such investment is made. I~¢,vi~d' ,hJlv 2002 ICity of Temecula INVESTMENT POLICY Page Repurchase Aqreements. The City may invest in repumhase agreements with banks and dealers with which the City has entered into a master repumhase agreement which specifies terms and conditions of repurchase agreements. Transactions shall be limited to the primary dealers and the top banking institutions according to the rating agency based on liquidity, profitability, and financial strength. The maturity of repumhase agreements shall not exceed 30 days. The market value of securities used as collateral for repurchase agreements shall be monitored daily by the investment staff and will not be allowed to fall below 102% of the value of the repumhase agreement plus the value of collateral in excess of the value of the repurchase agreement. In order to conform with provisions of the Federal Bankruptcy Code which provide for the liquidation of securities held as collateral for repurchase agreements, the on!y securities acceptable as collateral shall be certificates of deposit, eligible bankers' acceptances, or securities that are direct obligations of, or that are fully guaranteed as to principal and interest by, the United States or any agency of the United States. No more than 50% of the portfolio may be invested in repurchase agreements, and a "perfected security interest" shall always be maintained in the securities subject to a repurchase agreement. Local Agency Investment Fund. The City may invest in the Local Agency Investment Fund (LAIF) established by the State Treasurer for the benefit of local agencies up to the maximum permitted by State law. Time Deposits. The City may invest in non-negotiable time deposits collateralized in accordance with the California Government Code, in those banks and savings and loan associations that meet the requirements for investment in negotiable certificates of deposit. Since time deposits are not liquid, no more than 15% of the portfolio may be invested in this category. The issuer firm should have been in existence for at least five years. The City may waive the first $100,000 of collateral security for such deposits if the institution is insured pursuant to federal law. In order to secure the uninsured portions of such deposits, an institution shall maintain at least 10% in excess of the total amount deposited. Real estate mortgages may not be accepted as collateral. The maximum term for deposits shall be one year. In general, the issuer must have a minimum 6% net worth to assets ratio or the minimum ratio established by the Comptroller of the Currency. The issuer's operation must have been profitable during their last reporting period. Money Market Funds. The City may invest in money market funds that invest solely in U.S. Treasuries, obligations of the U.S. Treasury, and repurchase agreements relating to such treasury obligations. To be eligible, companies selling money market funds must have an investment advisor with not less than five years experience and that is registered with the SEC, has the highest ranking available as evaluated by a nationally recognized rating service, and with assets in excess of $500 million. This list of authorized investments is intended to apply to the investment of all operating and surplus funds. The investment of bond proceeds shall be governed by the permitted investments as specified in the official statement for each bond issue. INELIGIBLE INVESTMENTS: Investments not described herein, including, but not limited to, reverse repurchase agreements, mutual funds, zero coupon bonds, inverse floaters, mortgage backed securities, common stocks and corporate notes and bonds are prohibited from use in the City's investment portfolio. Revised: July, 2002 lCit~ of Temecula INVESTMENT POLICY Page 61 SWAPPING OF SECURITIES: A swap is the movement from one security to another and may be done for a variety of reasons, such as to increase yield, lengthen or shorten maturities, to take a profit, or to increase investment quality. The purchase transaction and the sale transaction must each be recorded separately and any losses or gains on the sale must be recorded. PORTFOLIO ADJUSTMENTS: Should an investment percentage-of-portfolio limitation be exceeded due to an incident such as fluctuation in portfolio size, the affected securities may be held to maturity to avoid losses. When no loss is indicated, the Treasurer shall consider reconstructing the portfolio basing his or her decision, in part, on the expected length of time the portfolio will be unbalanced. POLICY REVIEW: ] This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. The City Council shall be responsible for maintaining guidance over this investment policy to ensure that the City can adapt readily to changing market conditions, and shall approve any modification to the investment policy prior to implementation. ETHICS AND CONFLICT OF INTEREST: ] Officers and employees involved in the investment process shall refrain from personal business activity that conflicts with the proper execution of the investment program or impairs their ability to make impartial investment decisions. Additionally, officers and staff involved in the investment of public funds are required to annually file a Fair Political Practices Commission Statement of Economic Interest form. Revised: July. 2002 What is the nat capitalization of your finn? What are your wire and delivery instructions? please identify all personnel who will be trading with or quoting levels to the City Temecula: NAME: TITLE: PHONE: RRM Do each of the above individuals currently hold valid licenses to YES NO trade securities on behalf of the institution? CI I-I Please identify your moat closely comparable governmental local agency clients in our geographical area: AGENCY: CONTACT: PHONE: # YRS CUENT [ hereby certify that I have personally read the City of Temecula's Investment Policy and the California Government Codes pertaining to the investments of the City of Temecula, and have implemented reasonable procedures and a system of controls designed to preclude imprudent investment activities arising out of transactions conducted between our firm and the City of Temecula's investment objectives, strategies and risk constraints whenever we are so advised. We pledge to exercise due diligence in informing the City Treasurer staff of all foreseeable risks associated with financial transactions conducted with our firm. We further pledge not to offer the City of Temecula any types of securities nut authorized by both the City of Temecula's Investment Policy and Califomia Law. I attest to the accoracy of our responses to your questionnaire. Additionally, all sales personnel will be routinely informed of your investment objectives, horizon, outlook, strategies, and risk constraints whenever we are so advised. We will notify you immediately by telephone and in wdfing in the event of material adverse change in our financial condition. The supervising officer agrees to exercise due diligence in monitoring the activities of other officers and subordinate staff members engaged in transaction with the City of Temecola. SIGNED:. PRINTED NAME: TITLE: DATED: This section must be countersigned by the Managing Director or by the most senior person in charge of the government securities operations sections. SIGNED:. PRINTED NAME: TITLE: DATED: CITY OF TEMECULA Broker/Dealer Questionnaire Firm Name: Address: Phone No: { ) Rrm is (select one): O Broker O Dealer Sales Repmsentatlve: T~e.' Phone No: ( Supe~islng Representative: T~e: Phone No: ( YES NO Is your firm a primary dealer in U.S. Government securities? If yes, for how long? Are the following instruments regularly offered by your firm? T-Bills Ct I-I T-Notes/Bonds r-I Ct Banker's Acceptances (Domestic) I-I i-I Banker's Acceptances (Foreign) Commercial Paper Certificates of Deposit Medium Term Notes Mutual Funds (eligible for public investment) Agencies {pieese specify) Ct r~ Have any of your firm's public sector clients sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of a financial instrument hat was recommended by and purchased through your firm? (If ye~, please explain on a separate sheet.) Have any of your firm's public sector clients claimed, in writing, that your firm was responsible for any investment losses? (If yes, please explain on a separate sheet.) n Has your firm been subject to any litigation, arbitration or regulatory proceedings, either pending, adjudicated or settled, that involved allegations of improper, fraudulent, disraputabie or unfair activities related to the sale of securities or to the purchase of securities from institutional clients? (If yes, please explain on a separate sheet.) Has your firm been subject to a regulatory, state or federal agency investigation for alleged improper, f~audulent, disreputable, or unfair activities related to the purchase or sale of sesorifies? (If yes, please explain on a separate shenL) ITEM 8 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City ManagedCity Council Jim O'Grady, Assistant City Manag~ July 22, 2003 FY2003-04 Economic Development Operating/Marketing Agreements PREPARED BY: Gloria Woinick, Marketing Coordinator RECOMMENDATION: 1) That the City Council approve the operating/marketing agreements and authorize the Mayor to execute the agreements with the' following organizations: a) The Temecula Valley Chamber of Commerce in the amount of $148,000. b) The Economic Development Corporation of Southwest Riverside County in the amount of $22,500. c) The Southwest Riverside County Economic Alliance in the amount of $75,000. BACKGROUND: For a number of years, the City has had a philosophy of partnering with other agencies to lend synergy to our economic development efforts. The Economic Development Subcommittee, consisting of Councilmembers Jeff Comerchero and Ron Roberts, and Staff met to discuss the Economic Development funding requests on Tuesday, Apdl 8th. The subcommittee's recommendations were incorporated in the City's FY 2003-04 Operating Budget, which was approved by the City Council on Tuesday, June 10, 2003. Each organization has provided a summary of materials including their work plan, financials and services that they provide (see Attachment A). Also, attached are operating/marketing agreements for each organization for the FY2003-04 term. Funding of each of their programs will be allocated as follows: Temecula Valley Chamber of Commerce Economic Development Corporation of Southwest Riverside County Southwest Riverside County Economic Alliance Total $148,000 $ 22,5OO $ 75,000 $245,500 These agencies and their recommended programs, which are funded for FY2003/04 are as outlined in this report. R:t, Wolnic~g~ff~en~amports~003-94 E.D Opecating Agreements.doc I Temecula Valley Chamber of Commerce The mission of the Chamber is to promote the economic environment of all member businesses and by so doing, support the programs, which preserve and improve the quality of life. The Chamber primarily supports the area's small business community, as well as provides walk- in visitor and toudst information. In addition, the Chamber responds to requests for toudsm, relocation and business inquiries and sends corresponding information to prospective visitors, residents and potential businesses. The Chamber encourages existing businesses and residents to "Shop Temecula First" and provides avenues for businesses to promote their products and services. The Chamber serves as a representative for business legislative issues that affect the overall welfare of the Chamber Membership. In cooperation with the School District, the Chamber plans, coordinates and assists in programs that foster and encourage a viable working partnership among businesses, educators and students. The Chamber serves as an informational resource center for members and the community at large. They provide the community and visitors with a new state of the art Chamber facility and plan to expand its toudsm services through a Convention & Visitors Bureau. The Chamber is made up of over 1,300 members and 15,000 employees and has represented the interests of the local business community for the past 36 years. The Chamber received $148,000 for FY 2002-03. The Chamber's request in the amount of $148,000 was budgeted in the FY 2003-04 Operating Budget. Economic Development Corporation of Southwest Riverside County The EDC is a public/private non-profit organization serving cities and unincorporated communities within the Southwest Riverside County area. The mission of the Economic Development Corporation of Southwest Riverside County is to maximize the region's economic development assets by delivering a wide range of development resources and action programs. Such development resources and action programs will support significant, high-quality business expansion, retention, and development throughout the region. The vision of The Economic Development Corporation of Southwest Riverside County is dedicated to utilizing the region's human, financial, capital, educational, governmental, and natural resources to help build sustainable long-term community wealth in Southwest Riverside County through regional partnerships. The EDC created a regional strategic plan in cooperation with the Ecqnomic Alliance, cities of Temecula, Murrieta, & Lake EIsinore, the County of Riverside, public and private businesses and interested citizens. As a result of the regional strategic plan, the EDC created the following action committees that meet monthly: Business Attraction Advisory Committee, Communications Committee, Education Committee, Government Action Committee, Permit & Planning Committee, and Transportation & Infrastructure Committee. The EDC hosts the Loopnet site, which provides links that will allow users to search the Southwest Riverside County area for available commercial property. Contact information is provided for the Brokers handling the property. The Visitation Program, conducted by the EDC's Business Relations Committee, is very successful. Temecula's Business Retention Program includes 2 - 4 site visitations to local businesses per month. Businesses are contacted by phone, survey or personal visits. EDC members, City staff, Chamber members and volunteers visit local businesses. Information is compiled after each visit, which is utilized in the City's retention efforts. During visits, information on labor/education needs and available training programs that can be utilized as well as business issues relating to city services, permits and city programs are also discussed. The EDCSWRC received $20,000 for FY 2002-03. The EDCSWRC's request of $22,500 was budgeted in the FY 2003-04 Operating Budget. This will provide funding for the operations of the organization including business retention/development programs, a newsletter, and quarterly informational luncheon meetings. The Southwest Riverside County Economic Alliance Since 1999, the cities of Temecula, Murdeta, Lake Elsinore and Riverside County have partnered to market Southwest Riverside County through the Southwest Riverside County Economic Alliance. The Alliance provides marketing services to the member cities and unincorporated county area in an effort to enhance the image of this region and stimulate private investment and job creation to this economy. This business attraction partnership allows Temecula to leverage its funds with other agencies for this regional effort. Attached is an agreement that provides for a one-year extension of this program. Under this concept, the marketing program will consist of advertising, marketing materials, business attraction/retention, trade show attendance, and organize a two or three day familiarization event inviting business decision makers, site selectors, developers and venture capitalists to the region. In addition to these activities, the Alliance GIS system has been expanded to serve our region, which has enhanced the area's site selection and business attraction efforts. Other services also provided by Riverside County under this agreement would include: One (1) County staff representative · Facility for County representative · Equipment · Transportation Supervision · Expertise in the marketing field Costs of this program will be allocated as follows: Riverside County City of Temecula City of Murdeta City of Lake Elsinore Total $135,000 (estimated value of staff, space and expenses) $ 75,000 $ 50,000 ~ 25,000 ($10,000 in cash, balance in-kind services not to exceed $15,000) The Alliance received $75,000 for FY 2002-03. The Alliance request in the amount of $75,000 was budgeted in the FY 2003-04 Operating Budget. FISCAL IMPACT: Appropriate funding for the organizations is available in the FY 2003-04 Economic Development Department Operating Budget ~-001-111-999-5264. ATTACHMENTS: lA Temecula Valley Chamber of Commerce Support Information lB City/Chamber Operating Agreement 2B Economic Development Corporation of Southwest Riverside County Support Information City/Economic Development Corporation of Southwest Riverside County Operating Agreement 3A Southwest Riverside County Economic Alliance Support Information 3B City/Southwest Riverside County Economic Alliance Marketing Agreement ATTACHMENT lA CHAMBER OF COMMERCE SUPPORT INFORMATION R:\Wolnickg~Agendareports/2003-04 ED Operating Agreements.doc 5 Application Page 3 How will your organization use the funding awarded? The Chamber will continue to focus on providing programs which help the business community flourish, creating a strong economic base for the City of Temecula. Professional Organization Describe your organization, goals, operations, and activities and how it benefits the economic development of Temecula? Mission Statement: The Mission of the Temecula Valley Chamber of Commerce is to promote the economic environment of all member businesses and by doing so, support the programs which preserve and improve the quality of life. Goals: To encourage the growth of existing member industries and businesses. To assist any legitimate firms or individuals seeking to locate in the Temeeula Valley. To serve an a responsible representative for all business legislation and activity that affects the overall welfare of our members. To promote, support, and assist the tourism industry in the Temecula Valley. To serve as an informational resource center for members and the community at large. Provide the community and visitors with a newly completed state of the art Chamber of Commerce facility. To continue to coordinate the Annual Installation Event & Business of the Year programs, State of the City Address, Economic Outlook Conference, Business Showcase, Shop Temecula First Campaign, Networking events, Legislative Updates, Tourism (Big Business Program), coordinate FAM Tours, attend tourism trade shows, visitor guides ~', tourism information, city maps, relocation guides, homes & rental information, website, newsletters, business resource guide and business directory. If your organization received City of Tamecula funding in the previous year, please provide a brief recap of the'organization's accomplishments. Are there any notable operations and/or program changes? If so, please explain. The TVCC Chamber published 10,000 Business Resource Guides and Business Directories. The guide offers a wealth of information on shopping, entertainment, Temecula history, economic profile and Chamber member directory for use by the local businesses and the community at large. 2003 Visitors Guide - 60,000 published in 2002. The newly designed 70-page Visitors Guide includes a historical building section, and features Old Town, wine country, resorts & casinos, accommodations, spas, etc. TVCC Monthly Newsletter - The newly designed newsletter is distributed to members and includes a monthly City of Temecula article. The Chamber's website was entirely recreated and the response has been extremely positive. The Government Action committee worked on both the Prop. 47 and the Measure A Campaigns. We will begin working on the Voter Education program to educate individ.al~ on the importance of voting. These are a few of the new programs we will be implementing this year: We will be providing a Leadership Program to educate individuals on becoming leaders in tho. community regarding city, county and state offices. The Education Committee is creating a diversity awareness program to assist in eliminating stereotypes and encourage tolerance of different ethnical customs and interests. We are currently working with the Winegrowers Association on developing a program to encourage area restaurants to feature local wines. The Local Business Promotions committee is currently in the process of producing a Business Resource DVD in which local business leaders will offer an interactive mentoring program. City Contract Services Provided by Temecula Valley Chamber of Commerce Projected Budget for July 2003 - June 2004 Services Provided Cost T~rism Walk-in/Telephone Traffic $39,49(~ Visitors Guides $1,800 Postage/Printing Materials $2,700 Internet-Tourism Info $2,160 ~ekend Visitors Center $3,740 Temecula-So. California Brochure $2,430 Trade Show Participation $2,700 Fam Tour Participation $2,600 Marketing Committee Participation $1,450 Tourism Council in Newsletter $2,160 Tourism CD Rom $750 Email Response $1,080 Toll-Free Number $1,200 Community Information Walk-in/Telephone Traffic $12,720 Ci_ty Maps $2,460 Demogr_aphic Information $1,600 Relocation Packets $3,230 Housing/Apartment Listings $890 _Special Events $4,260 Climate Listing $280 Calendar of Events $1,200 Internet-Organizations, Churches, Campgrounds $230 Ema Response $800 ! ~C_i-t.y Promotions ' Shop Temecula First Campaign (2) $960 E~usiness of the Month Program $2,160 E~usiness Showcase $7,200 K.e_ynote Speaker Event $5,000 Mystery Shopper Campaign $5,400 S~t_ate of the City $800 Economic Outlook $300 Monthly Newsletter Articles (City) $5,280 Installation Dinner $5,000 E~alloon & Wine Festival City/Chamber Booth $220 Education/Government Youth Job Fair $1,360 issue Awareness $7,930 ~ood Morning Sacramento Forum $1,160 Good Morning Washington Forum $1,160 Voter Education Campaign $5,660 _Economic Development Marketing Campaign Welcoming Committee (Ribbon Cuttings) $2,880 _Business Inquiries $3,600 $148,000 g~ ~'°°°°~§ o~ ~ooo , ,~ ooo~~oo~°°°°~ ~ (DIDO 0 O0 Temecula Valley Chamber of Commerce Statement of Financial Position September 30, 2002 Current Assets Checking - COMNB 2172715 Money Market - COMNB 2541281 Cap Impv Fnd - COMNB 2545120 CD Pacific Trust CBT Business Moneyplus Petty Cash Prepaid Expenses Total Current Assets Property and Equipment Office Furniture & Equipment Construction in Progress Accum Depr - Off Fum & Equip Total Property and Equipment Other Assets Total Other Assets Total Assets "urrent Liabilities :UTA Tax Payable Retirement - Employee W/H Construction Loan Interest Payable Deferred Revenue Total Current Liabilities Long-Term Liabilities Total Long-Term Liabilities Total Liabilities NET ASSETS Beginning Balance Net Income Total Net Assets Total Liabilities & Net Assets ASSETS 44,994.74 61,810.99 12,418.90 43,109.3O 3,789.62 200,00 163.14 166,486.69 111,066.39 549,317.98 <71,761.00> 588,623.37 0.00 $ 755,110.06 LIABILITIES AND NET ASSETS 13.00 450.00 247,893.18 1,449.28 13,600.00 263,405.46 0.00 263,405.46 366,039.76 125,664.84 491,704.60 755,110.06 4~ E e~ c_cu > ~ v v v ATTACHMENT tB CITY/CHAMBER OF COMMERCE OPERATING AGREEMENT R:\W olnickg~Agenda rep o~t s\2003~)4 E.D Operating Agreements doc 6 AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY CHAMBER OF COMMERCE This Agreement, made in triplicate, this 22nd day of July, 2003, by and between the CITY OF TEMECULA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California, (hereinafter referred to as "City"), and the TEMECULA VALLEY CHAMBER OF COMMERCE, a California nonprofit corporation (hereinafter referred to as "CHAMBER") with reference to the following facts which are acknowledged by each party as true and correct: I. RECITALS A. The City is desirous of promoting its advantages as a business, industrial, tourist and residential center; disseminating information relative thereto, and of properly following up and giving consideration to inquiries made relative to the various activities of City of Temecula ("City") and its possibilities as such to residential, industrial, tourist and business interests. B. The Chamber has special knowledge, experience and facilities for disseminating information; and is organized for and equipped to carry on promotional activities on behalf of City; and to publicize and exploit its advantages. C. Such activities are recognized by law as being in the public interest and serving a public purpose. II. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. Chamber shall undertake, during the 2003-2004 fiscal year, to carry on promotional activities on behalf of City and to particularly render the following services: 1. To maintain suitable quarters and employ competent professional personnel to carry on the promotional activities herein stated. 2. To promptly answer correspondence relative to the business, industrial, tourist and residential advantages and opportunities in the City of Temecula, and to disseminate information by correspondence, newspaper public Agency and personal contacts favorably advertising such advantages and opportunities. 3. Respond to legislative issues through the Chamber's Government Action Committee. Develop a Voter Education program to educate individuals on the importance of voting. Organize a City of Temecula Council Candidates Forum inviting the membership and community. 4. Develop a program to encourage area restaurants to feature local wines. 5. Assist in trade show and Familiarization Tour participation. R:\Wolnickg~Sponsored Evcnts~Charnher agreement 2003.doc 1 6. Develop and execute marketing seminars. 7. Coordinate the welcoming committee with the EDC. 8. To assist potential businesses in opening and relocating to Temecula. 9. To assist in the development and implementation of a citywide marketing plan to promote tourism and business expansion. 10. To promote and invite trade and business meetings and celebrations whereby outside interests and individuals may become acquainted with the advantages and opportunities in Temecula. 11. To support the City in all ways possible in the furtherance of the activities of the City of Temecula. 12. To maintain a public office within the business area of City, easily accessible and fully equipped for the purpose of disseminating information and answering correspondence and inquiries regarding the City. Said office shall be open to the public net less than eight hours a day, except Saturdays, Sundays, and holidays. Chamber shall employ a full time President/CEO, a portion of whose duties shall be to promote the welfare and activities of the City of Temecula; its industries, business activities and opportunities, residential advantages; and other matters of general public interest. 13. Retention Committee for community businesses to sustain and nurture existing businesses in Temecula. 14. Produce and update relocation packets for new residents. 15. Provide demographic information to interested individuals. 16. Organize events to promote goodwill in the City such as the Shop Temecula First Campaign, Legislative Updates, Business Showcase, State of the City Event (20 seats), Installation Event (20 seats), and Economic Outlook Conference (10 seats). 17. Maintain and update Chamber web site. 18. Update and reprint Visitor Guide, which will include a detailed Old Town Temecula section. The Chamber shall supply City with a minimum of 2,000 Visitor Guides for distribution at no cost to City. 19. Update and repdnt City Maps. The Chamber shall supply City with a minimum of 2,000 City Maps for distribution at no cost to City. 20. Provide a Leadership Program to educate individuals on becoming leaders in the community regarding city, county and state offices. B. That in consideration of the services to be performed by Chamber for City, as set forth in paragraph 1 hereof, City hereby agrees to pay Chamber, during the term of this Agreement, R:\Wolnickg~Sponsored Events~Chamber agreement 2003.doc 2 the sum of $148,000 for the fiscal year 2003-04, payable upon receipt of invoice quarterly beginning on execution of this Agreement. C. In the event the City of Temecula should desire any additional service, Chamber shall, upon request of City, furnish a proposal including an itemized statement of the estimated cost thereof, and the City of Temecula may modify or alter the proposal in its sole discretion or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the final approval of any such proposal and execution thereof, by the City of Temecula and the Chamber, as heroin provided, the City will pay to Chamber the cost theroof, and the Chamber shall perform the work. All money due for carrying out said plan or proposal shall be supported by a detailed statement of Chamber showing the basis of said claims, and certified by proper officers of Chamber. Chamber shall not be entitled to roceive any compensation for its normal services or expenses. D. The President/CEO of the Chamber shall proparo and submit to the City Manager and Assistant City Manager a monthly written report specifying the activities of Chamber. Said report shall be prepared in a format acceptable to the City of Temecula and is requested by the second Fdday of each month. E. Chamber agrees that it will defend, indemnify and hold the City and their respective elected officials, officers, agents, and employees free and harmless from all claims for damage to persons or property by reason of Chamber's acts or omissions or those of Chamber's employees, officers, agents or invitees in connection with their services rendered hereunder to the maximum extent allowed by law. F. Chamber shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agroement a policy of comprehensive automobile and workers' compensation and employees' Liability Insurance in which the City of Temecula is the named insured or is named as an additional insured with the Chamber and shall furnish a Certificate of Liability Insurance to the City of Temecula. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall; 1. Include the City of Temecula as the insured or named as an additional insured covering the services to be performed under this Agreement against all claims arising out of, or in connection with, the Agreement. 2. Include the City of Temecula, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with, the Agreement. 3. Provide the following minimum limits: General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. R:\Wolnickg~Sponsored Events~Clmmher agreement 2003.doc 3 Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per accident. 4. The insurer shall agree to waive all rights of subrogation against the Agency, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. 5. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City of Temecula shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before. 6. Any deductible or self-insured retention must be declared to and approved by the City of Temecula. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees; or the Chamber shall procure a bond guaranteeing payment of losses and related investigation claim administration and defense expenses. G. Should any litigation be commenced between the parties hereto concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition any other relief to which it may be entitled. H. This Agreement shall be effective for the fiscal year commencing July 1, 2003, and terminating June 30, 2004. I. This Agreement may be terminated by either party upon thirty (30) days written notice with any sums due and payable hereunder. J. Chamber shall promptly furnish the City of Temecula, an independent certified public accountant audit of the Chamber financial statements by December 30, 2003. R:\Wolnickg~Sponsored Events\Chamber agreement 2003.doc 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA TEMECULA VALLEY CHAMBER OF COMMERCE Jeffrey E. Stone, Mayor Ronald E, Bradley Chairman of the Board ATTEST: Susan Jones, CMC City Clerk Alice Sullivan President/CEO APPROVED AS TO FORM: Doug Mc Allister mmasumr Peter Thorson, City Attorney Pamela Voit Secretary A.qency Information Temecula Valley Chamber of Commerce 26790 Ynez Court Temecula, CA 92591 (909) 676-5090 R:\Wolnickg~Sponsored Events~hamber agreement 2003.doc 5 ATTACHMENT 2A ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY SUPPORT INFORMATION R:\Wolnickg~Agendareport$\2003 04 ED Operahng Agreements doc 7 OFFICERS Dcnnis Frank UC Riverside Extendon President Keith Johnson Missian Oaks National Bank Vice President Phil Oberhanslcy, Esq. Cannon Parks ~' Oberhansfiy Secreta~7 David Phares D.L. Phares e~ Associates EXECUTI-v-E COMMITTEE Marlene Best Ci~ Of Laks Eldnore Ken Carlisle Guidant Co~aoration Jeff Comerchero Cify of TemecMa Stevie Field Riverside County EDA Lori Moss City of Murdeta James O'Grady City of Temecula Al Sabsevitz Vesi~an Joan Sparkman Temecula Vall!7 Bank Axnie White ProjectDedgn Consultants, Inc. DIRECTORS-AT-LARGE Frank Casciafi California Bank e5~ Trust Scott Crane Inland Va/Iff Medical Center Mike Doblado The Promenade In Temecula Darren Gill DOD Commerdal Constmction Bruce Keeton Keeton Construction Dick Kurtz CDM Group, Inc. Doug Misemer Temecula Va//fy D~7:vall, Inc. / Timberlaks Painting Rex Oliver M#rdeta Chamber of Commerce Greg Prudhomme, CPA Kuebler, Pmdhomme e3~ Company Claude Reinke The Ca~fornian Peter Rosen Rancon Real Estale Nancy Wagner Eastern Munidpal IVater District Gaqr Youmans Community National Bank Roger Zeimer The Gas Company March 12, 2003 EDC Jim O'Grady City of Temecula 43200 Business Park Drive Temecula, CA 92590 RE: FUNDING REQUEST FOR FY 2003-04 Dear Jim: The Economic Development Corporation of Southwest Riverside County (EDC) is pleased to submit for your review the organization's current operating budget for FY 2002-03, financial statements ending June 30, 2002, and Summary of Activities FY 2002-03. Our funding request in the amount of Twenty-Two Thousand, Five Hundred dollars ($22,500) is reflected in the draft budget as anticipated revenue from the City of Temecula. We hope to secure the funding in July 2003, which coincides with a planned membership campaign. There are no anticipated changes to the existing contract between the City and EDCSWRC. Scope of services will continue with business relations and development, community outreach, and education programs. Additionally, a new strategic plan for regional economic development is included in the EDC's scope of services. Staff will continue further education in economic development to allow greater advancement of the organization's new mission and vision. Thank you for considering this request. We look forward to meeting with the Economic Development Subcommittee in April. Respectfully, Diane Sessions Executive Director cc: EDC Board of Directors encl.: City of Temecula Funding Request Application Post Office Box 1388 · 27447 Enterprise Circle West, Suite #101 · Temecula, CA 92593-1388 Office 909/60045064 · FAX 909/6006005 · Email info@edc-swrc.org · www. edc-swrc,org ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY IMPLEMENTATION PLAN FY 2003-2004 Executive Summary The EDC Implementation Plan was developed by the EDC Board of Directors, members and community business partners as a result of the November 15, 2002 Strategic Plan conference. The plan focuses on six key economic development objectives, but is not limited to the following. The Board of Directors will have the authority to add or delete items as needed with Board approval. The key objectives are: (a) Continue and expand EDC services through business retention and expansion of · primary businesses in Southwest Riverside County. Primary businesses include but are not limited to commercial, industrial, manufacturing and professional industries. (b) Increase EDC identity through various methods such as routine press releases, newsletters, luncheons, and community announcements to create a source of public information for businesses assistance. Act as a "One Voice" advocate on the region's key business issues. Create a proactive synergy between the business community, public agencies, education and training facilitators, and economic development organizations in the region. Support the Southwest Riverside County Economic Alliance in business attraction, regional branding and marketing efforts to attract high-technology, higher-wage companies to the region. 4. Act as a catalyst for streamlining the various government permit and planning entities in Southwest Riverside County. 5. Facilitate and support activities in higher education and skills-training for excellent workforce development. Facilitate and support transportation and infrastructure projects such as water delivery and supply, Transportation Uniform Mitigation Fees, utilities, recreational lakes, regional transportation corridors and air transport and delivery. Economic Development Corporation of Southwest Riverside County Implementation Plan FY 2003-04 Page 2 of 2 In order to reach these objectives, the EDC must continue to create partnerships and expand its membership to better fund the efforts outlined above. Membership expansion will also attract additional expertise that the EDC can draw from to meet goals. Currently, membership is centered in the Temecula area; further membership from Murrieta and Lake Elsinore will be needed to meet the regional goals that are a part of this organization. This expansion will include civic and trade organizations that also have the common goal of building a strong economic business community. Southwest Riverside County needs the EDC to take a leadership role with the primary goal to advocate for greater economic and employment opportunities for businesses. The plan's success will ensure that businesses in the area will expand, new businesses will be attracted to the area, and more jobs will be generated. With new jobs created, the over-50% commuter population within Southwest Riverside County will find local employment. This will produce a favorable balance between an already desirable place to live and business environment that will support its residents. 2 EDC SOUTHWEST RIVERSIDE COUNTY OPERATING BUDGET JULY t, 2003 TO JUNE 30, 2004 Membership - Cash Membership - In Kind Services City Participation County Participation Special Event Revenue (golf) Quarterly Luncheons Interest Income special Projects Miscetlaneous Income TOTAL REVENUE 46,000,00 2,480.00 35,000~00 City ~ Temecula - $22,5001C~y ~ Mume~ - $6,2501C~y of Lake Elsinom - $6,250 15,900.00 27,800.00 12,600.00 500.0O $ 140,280.00 EXPENDITURES Pemonnel Services Director Sarary Director 401K Contribution Payroll Taxes Workers' Comp Director - payroll services Secretary - temporary services $ 37,800.00 $ 1,150.00 $ 3,200.00 $ 1,250.00 $ 1,060.00 $ 26,000.O0 TOTAL PERSONNEL EXPENSES $ 70,460.00 Direct Operating Expenses Accounting Advertising Office Supplies Equipment repairs Telephone Postage Printing/copying/binding Dues/membemhips Website Confemnce~'ainingworkshops Travel Storage Rent Taxes & License Professional Fses Miscellaneous Expenses Total Direct Operating Expenses $ 500.00 $ 200.00 $ 1,790.00 $ 1,500.00 $ 300.00 $ 1,800.00 $ 2,000.00 $ 2,000.00 $ 800.00 $ 2,900.00 $ 1,000.00 $ 700.00 $ 1,980.00 $ 15,900.00 $ 150.00 $ 2,000.00 $ 500.00 $ 36,020.00 Dimct Program Expenses Membemhip Ddve Newsletter Expense Quai~eriy Luncheons Golf Tournament special Projects Total Direct Program Expenses $ 1,500.00 $ 2,500.00 $ 12,600.00 $ 13,700.00 $ 3,500.00 $ 33,800.00 TOTAL EXPENDITURES $ t40,280.00 EXCESS EXPENDITURES OVER REVENUE $ ATTACHMENT 2B CITY/ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY OPERATING AGREEMENT R:\Wolnickg\Agendarepor ts\2003~4 E.O Operating Agreements doc 8 AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY ECONOMIC DEVELOPMENT CORPORATION, doing business as the ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY REGARDING THE PROVISION OF ECONOMIC DEVELOPMENT SERVICES This Agreement, made in triplicate, this 22nd day of July, 2003, by and between the CiTY OF TEMECULA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California, (hereinafter referred to as "City"), and the TEMECULA VALLEY ECONOMIC DEVELOPMENT CORPORATION, doing business as the ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY, a California nonprofit corporation (hereinafter referred to as "EDCSWRC") with reference to the following facts which are acknowledged by each party as true and correct: RECITALS A. The City is desirous of promoting its advantages as a business, industrial, and residential center; disseminating information relative thereto, and of properly following up and giving consideration to inquiries made relative to the various activities of City of Temecula ("City") and its possibilities as such to residential, industrial, and business interests. B. The EDCSWRC has special knowledge, experience and facilities for accomplishing economic development activities. C. The City now desires to retain the EDCSWRC to accomplish various economic activities and the EDCSWRC is willing to be so retained pursuant to the terms and conditions of this Agreement. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: OPERATIVE PROVISIONS 1. RESPONSIBILITIES OF THE EDCSWRC 1.1 The EDCSWRC shall undertake, during the 2003-04 fiscal year, to carry on the EDCSWRC's scope of services as listed in the attached executive summary (refer to Exhibit #1), which is attached to and made a part of this agreement. These services include business relations, business development, community outreach, and education programs. These duties may be adjusted from time to time as agreed upon by the EDCSWRC and the City. 1.2 The Administrator of the EDCSWRC shall prepare and submit to the City Manager and Assistant City Manager a monthly written report specifying the activities of the EDCSWRC. Said report shall be prepared in a format acceptable to the City of Temecula and submitted to the City by the second Friday of each month. ! R:\Wolnickg\Sponsored Events\EDCSWRC Agreement 2003.doc 2. PAYMENT TO EDCSWRC 2.1 In consideration of the services to be performed by the EDCSWRC for the City as set forth in paragraph 1 hereof, the City hereby agrees to pay the EDCSWRC, the sum of $22,500. This shall be considered a payment for services rendered from July 1, 2003 through June 30, 2004. 2.2 In the event the City should desire any additional services, the EDCSWRC may, upon request of the City, furnish a proposal including, an itemized statement of the estimated cost thereof, and the City may modify or alter the proposal, or may reject the proposal in its entirety at its sole discretion, or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the final approval of any such proposal and execution thereof by the EDCSWRC and the City, as herein provided, the City will pay to the EDCSWRC the cost thereof and the EDCSWRC shall perform the services set forth in the proposal. All money due for carrying out said plan or proposal shall be supported by a detailed statement of the EDCSWRC showing the basis of said claims, and certified by proper officers of the EDCSWRC. 3. INDEMNIFICATION The EDCSWRC agrees that it will defend, indemnify and hold the City and its elected officials, officers, agents, and employees free and harmless from claims for damage to persons or property by reason of the EDCSWRC's acts or omissions or those of the EDCSWRC's employees, officers, agents or invitees in connection with their services rendered hereunder to the maximum extent atlowed by law. 4. INSURANCE The EDCSWRC shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of workers compensation and employers' Liability Insurance in which the City is the named insured or is named as an additional insured with the EDCSWRC and shall furnish a Cedificate of Liability Insurance to the City Manager of the City of Temecula before execution of this Agreement. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall: 4.1 Include the City as the insured or named as an additional insured covering the services to be performed under this Agreement against all claims arising out of, or in connection with, the Agreement. 4.2 Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with, the Agreement. Provide the following minimum limits: General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 2 R:\Wolnickg\Sponsored Events\EDCSWRC Agreement 2003.doc Workers' Compensation and Employers' Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per accident. 4.3 The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. 4.4 Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration .or proposed cancellation of such policy for any reason whatsoever, the City of Temecula shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before. 4.5 Any deductible or self-insured retention must be declared to and approved by the City of Temecula. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees; or the EDCSWRC shall procure a bond guaranteeing payment of losses and related investigation claim administration and defense expenses. 5. ATTORNEY'S FEES Should any litigation be commenced between the parties hereto concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition any other relief to which it may be entitled. 6. TERM This Agreement shall be effective for the fiscal year commencing July 1, 2003, and terminating June 30, 2004. 6.1 This Agreement may be terminated for any reason, by either party upon thirty (30) days written notice with any sums due and payable hereunder for services actually performed. 7. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. R:\Wolnickg\Sponsored Events\EDCSWRC Agreement 2003.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA TEMECULA VALLEY ECONOMIC DEVELOPMENT CORPORATION, doing business as the ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY Jeffrey E. Stone, Mayor Dennis Frank, President ATTEST: Susan W. Jones, CMC City Clerk Phil Oberhansley, Secretary APPROVED AS TO FORM: Peter Thorson, City Attorney Agency Information Economic Development Corporation Of Southwest Riverside County P.O. Box 1388 Temecula, CA 92593-1388 R:\Wolnickg\Sponsored Events~EDCSWRC Agreement 2003.doc 4 EXHIBIT #1 EDCSWRC's Scope of Services R:\Wolnickg\Sponsored Events\EDCSWRC Agreement 2003.doc 5 EXHIBIT #1 ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY IMPLEMENTATION PLAN FY 2003-2004 Executive Summary The EDC Implementation Plan was developed by the EDC Board of Directors, members and community business partners as a result of the November 15, 2002 Strategic Plan conference. The plan focuses on six key economic development objectives, but is not limited to the following. The Board of Directors will have the authority to add or delete items as needed with Board approval. The key objectives are: (a) Continue and expand EDC services through business retention and expansion of primary businesses in Southwest Riverside County. Primary businesses include but are not limited to commemial, industrial, manufacturing and professional industries. (b) Increase EDC identity through various methods such as routine press releases, newsletters, luncheons, and community announcements to create a source of public information for businesses assistance. Act as a "One Voice" advocate on the region's key business issues. Create a proactive synergy between the business community, public agencies, education and training facilitators, and economic development organizations in the region. Support the Southwest Riverside County Economic Alliance in business attraction, regional branding and marketing efforts to attract high-technology, higher-wage companies to the region. 4. Act as a catalyst for streamlining the various government permit and planning entities in Southwest Riverside County. 5. Facilitate and support activities in higher education and skills-training for excellent workforce development. Facilitate and support transportation and infrastructure projects such as water delivery and supply, Transportation Uniform Mitigation Fees, utilities, recreational lakes, regional transportation corridors and air transport and delivery. Economic Development Corporation of Southwest Riverside County Implementation Plan FY 2003-04 Page 2 of 2 In order to reach these objectives, the EDC must continue to create partnerships and expand its membership to better fund the efl'orts outlined above. Membership expansion will also attract additional expertise that the EDC can draw from to meet goals. Currently, membership is centered in the Temecula area; further membership from Murrieta and Lake Elsinore will be needed to meet the regional goals that are a part of this organization. This expansion will include civic and trade organizations that also have the common goal of building a strong economic business community. Southwest Riverside County needs the EDC to take a leadership role with the primary goal to advocate for greater economic and employment opportunities for businesses. The plan's success will ensure that businesses in the area will expand, new businesses will be attracted to the area, and more jobs will be generated. With new jobs created, the over-50% commuter population within Southwest Riverside County will find local employment. This will produce a favorable balance between an already desirable place to live and business environment that will support its residents. 2 ATTACHMENT 3A SOUTHWEST RIVERSIDE COUNTY ECONOMIC ALLIANCE SUPPORT INFORMATION R:\Wolnickg~Agendareports\2003-04 ED Operating Agreements+doc 9 DP, AFT Prepared by Stevie Field Manager. Business Development May 7, 2003 ECONOMIC ALLIANCE Business Plan S.W.R.C. ECONOMIC ALLIANCE Business Plan The cities of Lake EIsinore, Murfieta, Temecula and the County of Riverside, together, founded the Southwest Riverside County Economic Alliance in 1999. Due to positive results, the Southwest Riverside County Marketing for Business Attraction Agreement is being extended through June 31, 2004. The goal of the Economic Alliance is to stimulate economic development within the Southwest region targeting larger companies in the high- technology, biotechnology and telecommunications industries, which will in turn create high-paying jobs and thus expand the region's tax bass. This business plan is designed to provide clear-cut and focused implementation. Some of the more favorable attributes of the Southwest Riverside County area are: a business friendly atmosphere, a high standard of living and high quality of life, a well educated v~rk force, compefitive housing pdces, access to the major ports of Southern California, convenient freeway access, and close proximity to San Diego, Orange and Los Angeles counties. With this in mind, the business campaign will create greater recognition of the area outside the county limits and generate leads that will ultimately result in business start- ups, and/or relocations or expansions to the area. Attract new business and investment to Southwest Riverside County, with the beneficial result of new job creation in the areas of biotechnology and other areas of high-fechnology, which are environmentally clean and safe. Promote business development, economic opportunities, a skilled and educated work force as well as, quality of life of the region to business decision makers both in and out of the County boundaries. Create a general awareness of the Southwest Riverside County region and its many benefits. Researeh/study demographics of commuter and labor market. Research/study university graduates and their fields of expertise. Business owners and decision-makers in the high-tach manutactudng, telecommunications and bio- medical manufacturing fields. Executives of national and international coq~)orations seeking to relocate or expand their operations. Residents who commute outside the region to work. Venture capitalists stdving to find a location for their start-up investments. Start-up companies looking for a location to start their operations. After camfol reseamh, the following markets have been identified as being dch in the targeted high-technology companies from start-up to mature. Biotechnology is one of the major groups in the San Diego area, which is not yet fully mature, therefore it is still in the position to relocate or expand and spin-off to start up in other locations. Following in numerical order is the sequence of contacts: 1. San Diego County 2. Orange County 3. Los Angeles County 4. Northem California 5. Intemational Markets High-tech start-ups represent a faidy high percentage of growth opportunities to be brought to the Alliance area. We must however, strive for a mix of companies in the development process, i.e., start-ups, relocations and expansions. TI3e start-up company represents a venture capital investment and thus one of our tactics will be to establish close working relationships with venture capitalists in and around this area. We have gone through some ve~J difficult times since September 11, including a wavedng economy and war with Iraq, which has definitely affected the thinking of many executive decision makers. As a result, company executives ara cautious at the idea of relocating or expanding their operations. With this in mind, we will implement the following strategy with the following tactics: 1. MarketinR Materials Development of marketing materials, to include revised demographic profile report with current statistics specific for the Southwest Riverside County recjion, OD-ROM reprints, GIS and web-site maintenance and updates and promotionar items. Targeted Completion Date - August 2003 2. Trade Show Attendance Attend indust~ specific trade shows in California, throughout the U.S. and internationally, throughout the contract year. Specific trade shows include, BIO 2004 in San Francisco, CoreNet in Atlanta, Georgia and Chicago, IL, and others to be determined duhng on-goin9 meetings with city and county representatives. Targeted Completion Date - Ongoing 3. Print Media AdvertisinR Development of targeted pdnt media campaigns using publications that are industry specific. Advertising and press releases in local, regional and targeted area publicetions~ Targeted Completion Date - Ongoing 4. Brandinfl Campai.qn Develop a strategic marketing campaign to brand area (i.e. "Tech Valley", 'q-ech Corridor", 'q-ech Alley"). Targeted Completion Date - Fall 2003 10. Multi-Media AdvertisinR CampaiRn Promote indust~ specific campaign, such as the biomedical industry, high-tech manufacturing, telecommunications or another industry as determined by the parties hereto. Campaign(s) will include, but not be limited to, CD-ROM, radio, television, direct mail and pdnt media. Targeted Completion Date - Ongoing Business Visitation The county/city representatives will perform a minimum of twenty (20) company visitations. This may include visits to Northern Califomia or other locations as determined through on-going meetings with city and County representatives. Targeted Completion Date - Ongoing Public Relations The representative will attend vedous economic development related meetings that be~tain to Southwest Riverside County. This includes the Southwest Riverside County (SWRC) Economic Development Corporation (EDC), SWRC Manufacturer's Council, UCR Connect, Business Relations Committee, Chambers of Commerce, Rotary and other civic-minded growth and development forums. Targeted Completion Date - Ongoing Lead ManaRement The representative will respond to leads generated as a result of this business plan. it is the responsibility of the representative to send out identity packages, conduct fo]low-up phone rails, and schedule meetings with perspective businesses and assist businesses with the information needed in the expansion/relocation process. Targeted Completion Date - Ongoing Market Research/Survey Representative will research and study markets concerning economic development and marketing as it relates to Southwest Riverside County and develop an economic report based upon these findings. Targeted Completion Date - Ongoing Event Organize a two-three day promotional/familiarization event, inviting business decision makers, site selectors, developers and venture capitalists to the SWRC region, Targeted Completion Date - Fall 2003/Spring 2004 Proposed Budget Pdnted Materials $ 5,000 Marketing/Advertising $ 60,000 Trade Shows $ 20,000 Promotional Items $ 5,000 Travel/Expenses $ 5,000 Event $15,000 GIS $15,900 Contin.qency Fund $ 9,100 Grand Total $135,000.00~ **The Alliance will work with the City of Lake Elsinore on marketing research/analysis, public relations and press releases in exchange for the $15,000 in-kind contribution. ATTACHMENT 3B CITY/SOUTHWEST RIVERSIDE COUNTY ECONOMIC ALLIANCE MARKETING AGREEMENT R:\Wolnickg'~,gendareports~003~)4 ED OperatJng Agreement~.doc 10 I~GI0da ~N~ln.~ck~Signa~Ure page-TemeCUla.d0(~ - _ _ ~ ' ~ Page 111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 COUNTY OF RIVERSIDE SOUTHWEST RIVERSIDE COUNTY MARKETING FOR BUSINESS ATTRACTION AGREEMENT This MARKETING PROGRAM AGREEMENT ('Agreement') is made and entered into this .day of 2003, by and between the Cities of Temecula, Murrieta, and Lake EIsinore (hereinafter referred to as "Cities") and the County of Riverside hereinafter referred to as "County") for marketing and business attraction services for the ~outhwest Riverside County region. RECITALS WHEREAS, Cities desire to obtain certain marketing services from County, and County desires to provide certain marketing and business attraction services on behalf of Cities, WHEREAS, the marketing and business attraction services to be provided by County pursuant to this Agreement shall be hereinafter referred to and known as the "Marketing Program," WHEREAS, Marketing Program is designed to emphasize the economic, demographic, and lifestyle facts and images of those certain geographic areas included within Southwest Riverside County bounded by the unincorporated communities of Temescal Canyon, Winchester, French Valley, Rancho California, and the Wine Country, as well as the Cities of Lake Elsinore, Murrieta and Temecula (hereinafter collectively referred to as 'Southwest Riverside County") in order to: 1. Enhance the image of the Southwest Riverside County region as an area with abundant economic opportunities and quality of life; and 2.Stimulate private investment and job creation in the Southwest Riverside County economy; and 3. Attract new businesses to Southwest Riverside County, targeting biomedical and high-tach manufacturing and telecommunications industries. II WHEREAS, Cities and County recognize the benefits they may obtain through the -1- li_G~10_da~W~01ni_.ck ;_sig_~_t~age - Temec_ula.doc .... - ~_ ........ Pag~ 2:1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 attraction of new business and investment to Southwest Rivemide County; WHEREAS, Cities and County recognize the need to promote Southwest Riverside County as a positive business environment; and WHEREAS, County desires to provide, and the Cities to fund, the Marketing Program in accordance with the terms and conditions set forth in this Agreement; NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, County and Cities agree as follows: 1.1 SECTION 1 BUSINESS ATTRACTION SERVICES AND MARKETING PROGRAM County Services During the term of this Agreement, County shall provide one County staff representative, facilities for the County staff representalive, equipment, transportation, supervision and expertise necessary to fully and adequately perform the following sen/ices including, handle the procurement process of contracts and execute agreements on behalf of the Alliance, travel out of state and out of country to trade shows approved by cities and County, in the Marketing Program for Southwest Riverside County. A. MarkeitnR Program County shall, in good faith and based on its discretionary determination that the identified person(s) or entity(ies) exhibit potential for conducting business in Southwest Riverside County, use its reasonable and best efforts to contact and provide information on lhe finance, real estate, manufacturing, and various other industhes in the Southwest Riverside County economy to the following areas/individuals: (1) Southern California; (2) Northern Califomia; and (3) executives of national and international corporations. The Marketing Program will consist of those items shown in Exhibit "A", which is attached hereto and made a part hereof. Gloria Wol~ick- Signature Page ~ TemecUia.d0(~ - _ , _ Page 31 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 1.2 B. Other Terms County shall generally prepare, acquire and/or disseminate information to promote Southwest Riverside County as a location for business and investment, and shall cam/ out such other activities as may be reasonably necessary to achieve the purposes of this Agreement as identified in the Marketing Plan which has been attached hereto and made part hereof. The frequency of materials provided and the specific individuals and entities to be targeted by the Marketing Program pursuant to this Agreement have been identified by the parties hereto. C. MarkefinR Pro.qram Performance Measures County shall provide information to Cities outlining the results of the Marketing Program. Said information may include the following: number of business visitations, number of jobs created, number and description of business expansions/attractions, number and description of frade shows and conferences attended, description of media campaigns, description of training/employment links, and description of curriculum development. D. City Contacts. Each City member shall designate a liaison to work with the County in the implementation of the Marketing Program. The parties to this Agreement shall meet on a regular basis to review the Marketing Program. E. Business Retention Business retention shall be the responsibility of the individual parties to this agreement. The Marketing Program shall be coordinated with tflese business retention efforts. Term of A.qreement The term of this Agreement shall commence on the date first set forth herein above and shall end on June 30, 2004. From and after July 1,2004, this agreement shall terminate and the parties hereto shall have no further debt or obligation ' I[ Gloria W°lnick - signatu[~ Pag~Tem~cula'd°c - - Page 4 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 2.1 hereunder unless agreed upon by the parties hereto at which point the Marketing Program and funding levels will be reviewed and agreed upon by the parties hereto. SECTION II COMPENSATION Payments by Cities County shall receive compensation for all services rendered under this Agreement from the Cities in the amount of one hundred thirb/five thousand dollars ($135,000), which shall be divided by the Cities in the following quantifies: a) City of Temecula $75,000 b) City of Murheta $50,000 c) City of Lake Elsinore $10,000' *City of Lake Elsinore will provide additional in-kind services not to exceed an additional $15,000. County will use the funds for the direct marketing activities listed in the Marketing Program under Attachment "A'. County will not use funds for overhead expenses (valued at $135,000) such as those listed in Section 1.1 County Services. Any funds that are not expended shall be refunded to cities on a pro-rata share or if agreement is extended, funds shall be carried over to the new agreement period. 2.2 Payment of Compensation County shall receive two equal payments from Cities for total compensation shown in Section 2.1. First payment shall be provided to County within 30 days of execution of Agreement. Second payment shall be paid no later than January 31,2004. County shall submit an invoice to Cities for both payments. 2.3 Additional FundinR Cities agree that the County is authorized to seek additional funding for Marketing Program from other parties including, but not limited to, local utilities, State, and pdvate enfifies. SECTION Ill GENERAL CONDITIONS 3.1 Indemnification Each party shall defend, indemnity and hold the other party, its officials, officers, employees and agents free and harmless from any and all liability adsing out _ Page 5 J Ii GI0da Wolnick - Signa_t_ure p_a~ - Ye~mecula.doc .... 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 3.2 of incident or its negligent acts, omissions, or willful misconduct arising out of or in connection with its performance of this Agreement, including without limitation the payment of attorneys' fees. Further, each party shall defend at its own expense, including attorneys' fees, the other party, its officials, officers, employees, and agents in any legal action based upon such negligent acts, omissions, or willful misconduct. Notice and ReQuests Any notice, demand, or request required or permitted to be given hereunder shall be in writing and shall be deemed to have been duly delivered and effective on the third business day after having been deposited in the United States mail, postage prepaid, registered or certified, and addressed to the addressee as set forth below. If delivered by facsimile machine to such addressee, such notice shall be deemed to have been duly delivered and effective on the next business day. Any party may change its address for purposes of this Agreement by wdtten notice given in accordance herewith: Partners: City of Temecula Attn: Jim O'Grady 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Phone (909) 506-5100 Fax (909) 694-6499 Ci~ of Lake Elsinore Attn: Marlene Best 130 S. Main Street Lake Eisinore, CA 92530 Phone (909) 674-3124 Fax (909) 674-2392 City of Murrieta Arm: Lori Moss 26442 Beckman Court Murrieta, CA 92562 Phone (909) 461-6002 Fax: (909) 698-9885 County of Riverside Arm: Stevie Field 27447 Enterprise Circle, West Ternecula, CA 92590 Phone (909) 600-6066 Fax: (909) 600-6005 # IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be I G oria W(~inick: sign;~tu~epage - 'l'~n~eCula.doc ....... page 7 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attachment "A" Implementation Plan t. Marketing Materials Development of marketing materials, to include revised demographic profile report with current statistics specific for the Southwest Riverside County region, GIS, CD-ROM reprints and promotional items. Targeted Completion Date -August 2003 2. Trade Show Attendance Attend industry specific bade shows in California, the U.S. and out of the Country, throughout the contract year. Specific trade shows include, BIO 2004 in San Francisco, CoreNet in Atlanta, Georgia, CoreNet in Chicago, IL and others to be determined during on-going meetings with dty and county representatives. Targeted Completion Date- Ongoing 3. Print Media Advmtisin;I Development of targeted print media campaigns using publications that are industry specific, including advertising and press raleeses in local, regional and targeted area publications. Targeted Completion Date - Ongoing 4. Brandin¢~ Cam~aien Develop a strategic marketing campaign with the goal of branding the area as a ~center of excellence" in terms of high-technology (i.e. "Tech Valley', 'Tech Corridor', 'Tech Alley", "Tech Horizons'). Campaign may include, but not be limited to, billboards, radio, television, direct mail and print media. Targeted Completion Date- Fall 2003 5. Multi-Media Advertisin;i Campaif;n Develop an industry spedfic multi-media advertising campaign, such as the biomedical industry, high-tach manufacturing, telecommunications or another industry as determined by the parties hereto. Campaign may include, but not be limited to, CD-ROM, billboards, radio, television, direct mail and print media. i ~loda Wolfiick ' Signature P~ge - Temecula (:loc ..... Page 1 executed on the day and year first above written. 2 COUNTY OF RIVERSIDE CITY OF TEMECULA 3 4 By: By: 5 Bradley J. Hudson Jeff Stone, Mayor Assistant County Executive Officer/EDA 6 7 ATTEST: ATTEST: 8 9 By: By: Deputy City Clerk 10 11 APPROVED AS TO FORM: APPROVED AS TO FORM: COUNTY COUNSEL CITY ATTORNEY 12 13 By: By: 14 15 CITY OF MURRIETA CITY OF LAKE ELSINORE 16 17 By: By: Dick Ostling, Mayor Genie L. Kelley, Mayor 18 19 ATTEST: ATTEST: 20 21 By: By: APPROVED AS TO FORM: APPROVED AS TO FORM: 23 CITY ATTORNEY CITY ATTORNEY 24 25 By: By: 26 II 27 // 28 -6- I Gloria Wolnick - signature_page - Temecula.d0~ Page 8 ] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Targeted Completion Date - Ongoing Attachment "A" Implementation Plan (cont.) 6. Business Visitation The county/city representatives will perform a minimum of twenty (20) company visitations. This may include visits to Northern California or other locations as determined through on-going meetings with city and county representatives. Targeted Completion Date - Ongoing 7. Public Relations The representative will attend various economic development related meetings that pertain to Southwest Riverside County. This includes the Southwest Riverside County Economic Development Corper~on (EDC), SWRC Manufacturer's Council, UCR Connect, Business Relations Committee, Chambers of Commerce, Rotary and other civic-minded growth and development forums. Targeted Completion Date - Ongoing 8. Lead Manaclement The representative will respond to leads generated as a result of this business plan. It is the responsibility of the representative to send out identity packages, conduct followup phone calls, and schedule meetings with perspective businesses and assist businesses with the information needed in the expansion/relocation process. Targeted Completion Date - Ongoing 9. Market Research/Survey Representative will research and study markets concerning economic development and marketing as it relates to Southwest Riverside County and develop an economic report based upon these findings. Targeted Completion Date - Ongoing 1~). Event Organize a two-three day promotional/familiarization event, inviting business decision makers, Page 9 I I! Gloda W°l~ick- Signatu~e.p~ge ~ T~e-c~la~doc ...... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 site selectors, developers and venture capitalists to the SWRC region. Targeted Completion Date -Fall 2003/Spring 2004 ITEM 9 APPrOVaL ClTY ATTORNEY DIRECTOR OF FINANC~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Jim O'Grady, Assistant City Manager July 22, 2003 Approve Economic Development Event Sponsorship Requests PREPARED BY: Gloria Wolnick, Marketing Coordinator RECOMMENDATION: 1) That the City Council approve the event sponsorship agreements and authorize the Mayor to execute the following agreements: ~) Approve the Sponsorship and Funding Agreement in the amount of $25,000 and city- support costs in the amount up to $8,800 for The Inland Empire Affiliate of The Susan G. Komen Breast Cancer Foundation Race for the Cure event. b) Approve the Event Sponsorship Agreement for actual city-support costs in the amount up to $25,150 for the Temecula Fall Car Show & Old Town Cruise. c) Approve the Event Sponsorship Agreement for actual city-support costs in the amount up to $5,100 for Temecula On Stage. d) Approve the Event Sponsorship Agreement for actual city-support costs in the amount up to $11,900 for The Great Tractor Race. BACKGROUND: Staff has received a sponsorship and grant funding request from The Inland Empire Affiliate of The Susan G. Komen Breast Cancer Foundation for the Race for the Cure event and sponsorship requests for the Temecula Fall Car Show & Old Town Cruise, Temecula On Stage and The Groat Tractor Race events. On Tuesday, June 10, 2003, the City Council approved funding for these events as part of the City's FY2003-04 Operating Budget. Inland Empire Affiliate of The Susan G. Komen Breast Cancer Foundation Staff has received a request from The Inland Empire Affiliate of The Susan G. Komen Breast Cancer Foundation, to provide city-support costs in the amount of $8,800 for The Race for the Cure event and $25,000 cash which will be allocated to pay for breast exams, counseling and other services for under served Temecula citizens. The Race will be held at the Promenade Mall in Temecula, corner of Ynez and Winchester Roads, on Sunday, October 19, 2003. This event is family-oriented, with something for everyone. In addition to the Team Competition, the schedule includes Women's and Coed 5K Run/VValks, a family one-mile Fun Run/Walk, live entertainment, exhibits, Kids' Expo, and Komen Expo. A special ceremony will be held that pays tribute to the hundreds of breast cancer survivors expected to participate. The Race will serve as a fundraiser for The Susan G. Komen Breast Cancer Foundation, a non- profit organization that was established in 1982. 75% of the net Race proceeds will fund local breast health education programs to spread the lifesaving message of early detection to thousands of Inland Empire men and women. The remaining 25% of the net Race proceeds is designated to the Susan G. Komen Foundation Award and Research Grant Program. The Komen Foundation is a national organization with more than 75,000 volunteers working through a network of more than 117 affiliates worldwide, making it the most progressive grassroots organization in breast cancer today. From its inception to the end of its fiscal year 2002, the Komen Foundation with its Affiliate Network has raised over $450 million in the fight against breast cancer. For the last four years, the Inland Empire Race has been held in Temecula and proved to be successful. The 2002 Race for the Cure attracted 10,000 people and raised over $265,000. To date, the Inland Empire Affiliate of the Komen Foundation awarded $214,700 in grants to nonprofit organizations in the Inland Empire that are dedicated to eradicating breast cancer as a life-threatening disease by advancing research, education, screening and treatment. Funding for these grants were raised from the fourth annual Race for the Cure on October 20, 2002, in Temecula. Since 1999, its inaugural year, the Inland Empire Race for the Cure has raised over a million dollars toward the Komen Mission. This was the largest race for a cause in the Inland Empire. This event has gained wide support by our community, throughout the Inland Empire and on a national level. National sponsors for the 2003 event include: Yoplait, American Airlines, Johnson & Johnson, Ford, New Balance, Kellogg's, Adecco Employment and Silk Soymilk. Businesses are encouraged to support this event by getting their employees involved. Many local and out-of-area businesses have registered their teams. The City of Temecula employees are planning to enter a team in the event. The Komen Foundation event promotions will follow last year's program which include event posters, website, print media, radio, and television. Also, national sponsors will demonstrate their support locally in television, radio and print. In addition to its primary aim of fundraising for The Susan G. Komen Breast Cancer Foundation, the event has the potential to provide tourism and economic benefits to the City of Temecula. The Race for the Cure will give exposure for Temecula both on a local and national level. The event should increase tourism revenue for the City's restaurants, hotels, shopping areas, and the wineries. Based on last year's event, staff estimates that city-support costs such as police, fire, and public works would be approximately $8,800. Temecula Fall Car Show & Old Town Cruise Staff has received a request from The Ddfters Car Club and P & R Productions to provide city support costs in the amount up to $25,150 for the 4th Annual Temecula Fall Car Show & Old Town Cruise on October 10th & 11th, 2003. The event will benefit the Veterans of Foreign Wars Post 4089 in Temecula. The Temecula Boys & Girls Club will also benefit from this event. P & R Productions will provide the entertainment for the Boys & Gids Club Annual Benefit in November 2003, which includes musical performances from the Drifters and Crests. A contract is in place with The Press-Enterprise for advertising and for the Media Day promotion. The event activities will begin on Fdday evening with the Old Town Temecula Cruise on Old Town Front Street. There will be a cross section of approximately 500 classic cars, special interest vehicles, hot rods, and custom cars all-cruising for the VFW. Following the Friday evening cruise at 8:30 p.m., an ~oldies" concert will begin. Performances by such popular favorites includes the "Drifters" featuring their solid gold hits "Up on the Roof" & "Under the Board Walk,' Stan Mayo of the Crests will sing one of the most memorable ballads of all time, "16 Candles," and the Classic IV will sing their gold hit ~Spooky.' Stan Mayo will serve as the disc jockey for the event. On Saturday, October 12th, an all day "Show & Shine" will take place from 8:00 a.m. - 4:00 p.m. Over 40 trophies will be awarded at the "Show & Shine" awards ceremony. The event will also offer a ~Treasure Hunt" giant raffle table, music, vendors and food. Media Day is scheduled for September 27, 2003, at The Promenade Mall in Temecula, from 11 a.m. to 8:00 p.m. Media Day will feature a classic car show and entertainment by: The Shirells, The Del Vikings, The Crests, and The Classic IV. The 2002 Temecula Fall Car Show served as a fundraiser for the Veterans of Foreign Wars Post 4089 in Temecula. A total of $19,098 was raised for them before and during the event. The attendance at the 2002 Temecula Fall Car Show was estimated at 35,000 people for the day and a half event. P & R Productions staged several activities to enhance the event. On Friday evening, there was a Sock Hop, open car cruising, and live music entertainment. The Show & Shine was held on Saturday. Marketing and publicity included posters, flyers, car/red and entertainment magazines and newsletters, major newspapers, websites, and radio throughout Southern California. Flyers were mailed and distributed at car shows. Local marketing included newspaper and radio promotion. Event articles appeared in major newspapers as the San Diego Union Tribune, Press- Enterprise, Orange County Register and The Californian. Local magazine coverage included Neighbors magazine, Entertainment Round-up, Temecula Bugle and The Country Review. As a main sponsor, The Press-Enterprise produced the Fall Car Show & Cruise event program and provided many advertising opportunities. Radio stations promoting the 2002 event included: KOGO, San Diego (a main sponsor), KOLA, and KATY. Temecula On Stage Staff has received a request from the Theatre Foundation to provide city support costs in the amount up to $5,100 for the 2"d Annual Temecula On Stage event. The event will be held on Saturday, August 30, 2003 from 6:00 p.m. - 11:00 p.m. on Main Street in Old Town Temecula. The area's top chefs and wine makers will be showcased along with a variety of performance arts including local musicians, vocalists, actors and dancers. The event is expected to draw 550 guests. Entertainment will rotate between two stages and will offer an "off-Broadway" bistro located in the Temecula Mercantile building. A mini-Broadway review will also highlight the evening of jazz, R & B, and two headliners. Four top bands featuring Sherry Williams, Jon Laskin and vocalist Gino Walker, Zoot Suit Revue and Dr. Feelgood and the Interns of Love will play throughout the evening. Marketing and publicity will include local magazines and newspapers, posters, website and radio where sponsorships and PSA airings can be obtained, and cable. The event will also be promoted through the use of invitations sent to the Theatre Foundation's database. This event will serve as a fundraiser by bdnging the Theatre Foundation, a non-profit organization, closer to its goal of raising one million dollars for the Community Theater in Old Town. Currently, the Foundation has raised more than $700,000 toward their theater building. The 2002 Temecula On Stage event had approximately 450 guests in attendance and showed a net profit of $7,050. Participation included nine local wineries and two microbreweries and specialty food items were prepared and served by chefs from six local restaurants. Headlined by the Fab Four Beatles Tribute Band, the entertainment line up of musical and theatrical performances included the Jon Laskin Band with Gino Walker, Sherry Williams, the Temecula Valley Players, Vintage Singers, and Musicians Workshop Jazz Band. Street performers, mimes, and instrumental soloists were also included in the entertainment. Publicity included event flyers inserted in the Temecula Valley Chamber Newsletter, in statement mailers for Markham Development Management Group and Temecula Valley Bank. Invitations and a newsletter were mailed. Advertising included The Press-Enterprise, Neighbors Magazine and the temeculaonstage.org website. KATY and KOGO hosted on-air interviews with the entertainers and chefs and there were daily ticket giveaways to promote the event. The Great Tractor Race Staff has received a request from Southwest Events to provide city-support costs in the amount up to $11,900 and permit usage of the property at Diaz and Winchester Roads for the 27th Annual Groat Tractor Race event. This property is expected to be available for the event. This event will be held October 3 - 5, 2003. The event will benefit Rancho Damacitas, a local non- profit charity that benefits abused and neglected children. Other revenue recipients will include local charities that work during the event which include: Elks, Lions Club, React and the Temecula Sheriff's Posse. In preparation for The Great Tractor Race, a media day and carnival is planned, which will take place approximately two weeks pdor to the Tractor Race. This venue will also be held on the property at Diaz and Winchester Roads. It will be the responsibility of the event organizer to pay all support costs associated with the media day and carnival as well as the use and permit fees. The 2003 event and budget will be structured the same as last year's event. Southwest Events hopes to increase the attendance to 7,000 - 9,000 people. Last year, over 5,000 people attended The Great Tractor Race. Venues included tractor races, a Midway Carnival, Kid's Faire and mud games including mud surfing and mud tug-of-war. Southwest Events was able to provide a small donation to the Rancho Damacitas charity. Other revenue recipients included The Elks, Lions Club, React and the Temecula Sheriffs Posse as they provided services during the event. The 2002 Great Tractor Race received a lot of good publicity, both before and after the event. Marketing and publicity included newspapers, radio, cable television, direct mail, posters, flyers and their website. Radio coverage included interviews on KOGO and KATY stations and announcements given on KFROG and KOLA. FISCAL IMPACT: The city-support costs for each event have been included in the FY 2003- 04 Operating Budget of the various support departments for the recommended sponsorship amounts. The Race For The Cure funding of $25,000 cash is appropriated in Community Support (Council Discretionary) Account #001-101-999-5285. The city-support costs of $8,800 for The Race for the Cure event are included in the FY2003-04 Operating Budget of the various support departments. City-support costs of $25,150 for the Temecula Fall Car Show & Old Town Cruise are included in the FY2003-04 Operating Budget of the various support departments. City-support costs of $5,100 for Temecula On Stage are included in the FY2003-04 Operating Budget of the various support departments. City-support costs of $11,900 for The Great Tractor Race are included in the FY2003-04 Operating Budget of the various support departments. ATTACHMENT (S): I. Race for the Cure Attachment A - Sponsorship Benefits Attachment B - Estimated City Support Services and Costs Attachment C - 2003 Event & Media Promotions Attachment D - Race for the Cure Event & Grant Recap Attachment E - Sponsorship and Funding Agreement I1. Temecula Fall Car Show and Old Town Cruise Attachment A - Sponsorship Benefits Attachment B - Estimated City Support Services and Costs Attachment C - 2003 Event & Media Promotions Attachment D - 2003 Budget Attachment E - 2002 Fall Car Show Recap Attachment F - Sponsorship Agreement III. Temecula On StaRe Attachment A - Sponsorship Benefits Attachment B - Estimated City Support Services and Costs Attachment C - 2003 Event & Media Promotions Attachment D - 2003 Budget Attachment E - 2002 Temecula On Stage Recap Attachment F - Sponsorship Agreement IV. The Great Tractor Race Attachment A - Sponsorship Benefits Attachment B - Estimated City Support Services and Costs Attachment C - 2003 Event & Media Promotions Attachment D - 2003 Budget Attachment E - 2002 Great Tractor Race Recap Attachment F - Sponsorship Agreement 5 I. SUSAN G. KOMEN RACE FOR THE CURE I. RACE FOR THE CURE Attachment I A Sponsorship Benefits In exchange for providing $25,000 cash and approximately $8,800 for all city-support costs of Public Works, Fire and Police for the Inland Empire Susan G. Komen Race For The Cure, the City of Temecula shall receive the following benefits. City logo/or name will appear on flyers, advertisements, and program relating to the event. · The City logo/or name will appear on event t-shirts, posters, banners and promotional items relating to the 2003 event. Introduction at Awards Ceremony Free booth space (10 X 20) at event · City banners displayed · City name on all press releases · Complimentary team photo · Complimentary Sponsor Appreciation Dinner tickets (12) · Complimentary tickets to Survivor/Sponsor Hospitality Center on race day (12) · Commemorative sponsor recognition award City logo/name on Inland Empire Web Site R:\Wolnickg'~Agendareports~2003~4 Sponsorship Requests doc 6 Attachment I B Estimated City Support Services And Costs Based on the input from City departments we received estimated cost projections for the 2003 Inland Empire Susan G. Komen Race for the Cure. The following expenses can be anticipated for this event: Police: $4,815 Fire: 700 Public Works: 2,285 Code Enfomement: 1,000 TOTAL: $8,800 R:\Wolnickg~Agendareporls~2003~4 Sponsorship Requests doc 7 Attachment I C 2003 Event & Media Promotions R:lWolnickg~Agendareporis~2003~4 Sponsorship Requests.doc 8 d I m~E ~ o Attachment I D 2002 Event & Grant Recap R:lWolnickg~Agendareports~2003~O4Sponsorship Requests.doc 9 2OO2 INLAND EMPIRE RACE FOR THE CURE MARKETING RECAP Prepared by: Timmy d. Productions, Inc. Print Ads 2002 INLAND EMPIRE RACE FOR THE CURE Marketing Recap 2002 The Press Enterprise - Ten 3X10 ads La Prensa - Five 3X10 ads Community Publications (Rancho News) - Four 3X10 ads Valley Business Journal - Three Full-page ads each month; August, September, October The Business Press - Five ¼ page ads and one full-page, four color ad Neighbors Newspaper - One ½ page ad in August and 2 full page ads in September & October. Entertainment Round-up - Two full-page ads in September and October. Magazines Country Review - Three full-page ads in August, September and October. Inland Empire Family Magazine - Two full-page ads in September and October publications and 40,000 registration form inserts in the October edition. Inland Empire Magazine - ~¼ page ad in September. Trade Publications Competitor Magazine - Full page ad in October edition. Race Place Magazine - Full page ad in September edition. Runners World - Listing 2002 INLAND EMPIRE RACE FOR THE CURE Marketing Recap 2002 Page 2 Phone Book Community Little Book- Two full page ads. Articles & Press Releases See enclosed articles and press releases in the following publications: The Californian The Press Enterprise Murdeta Bugle Temecula Bugle Temecula Today Rancho News (Community Publications Group) Inland Empire Family Magazine Neighbors Newspaper Entertainment Round-up Valley Business Journal Internet Internet visibility on iekomen.com. Promotions Promenade In Temecula - As part of their sponsorship, Promenade In Temecula provided marketing services to the event through signage and registration form distribution. 2002 INLAND EMPIRE RACE FOR THE CURE Marketing Recap 2002 Page 3 Broadcast Advertising on the following radio stations: KFRG - $10,000 value in advertising. KATY - $15,000 value in advertising. KCAL - $10,000 value in advertising. KOGO - $5,000 value in advertising. Television Adelphia- 400 spots from September 30 through October 20 rotating on the various networks. $100,000 value. TV commercials were produced by Studio Magic Productions. Channel 3 - Promotional calendar listing from October 1 through October 20. Billboards Billboards were provided by Temecula Valley Bank (I-15 Northbound) and Outdoor Media Group (1-215-Southbound) throughout the months of September and October. Proclamations Proclamations - Coordinated by Karen Roberts, proclamations were presented by several cities within the Inland Empire. 2002 INLAND EMPIRE RACE FOR THE CURE Marketing Recap 2002 Page 4 Poster/Registration Entry Form Distribution Posters and Registration forms were distributed to various business throughout the Inland Empire. T-shirts - T-shirts were distributed by the Komen office, which provided additional exposure for the race. Signage - The City of Temecula in cooperation with Inland Empire Race For The Cure, provided street banners along the main streets within Temecula. 2002 Race For The Cure Marketing Committee Chairperson: Graphic Designs: Press Releases: Celebrities: Awards: Entertainment: Kelly Daniels of Timmy d. Productions Dorina Blythe of GranDesigns Karen Roberts of Fire Rose Communications Judy Nilson-Harder Leasa Stephenson Timmy d. of Timmy d. Productions Stage Coordinator:Debbie Parks Attachment I E Sponsorship and Funding Agreement R:\Wolnickg'~Agendareperls~2003~]4 Sponsorship Requests.doc 10 SPONSORSHIP AND FUNDING AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE INLAND EMPIRE AFFILIATE OF THE SUSAN G. KOMEN BREAST CANCER FOUNDATION This Agreement, made this 22nd day of July, 2003, by and between the CITY OF TEMECULA, (hereinafter referred to as "City"), and THE INLAND EMPIRE AFFILIATE OF THE SUSAN G. KOMEN BREAST CANCER FOUNDATION, a California nonprofit corporation (hereinafter referred to as ~IESGKF"). A. IESGKF will operate the "Inland Empire Susan G. Komen Race For The Cure" on October 19, 2003. The Race For The Cure is a special event located at The Promenade Mall in Temecula, comer of Ynez and Winchester Road. The event includes Women's and Coed 5K Run/Walks, a family One-Mile Fun Run/Walk, live entertainment, exhibits, Kid's Expo, and Komen Expo. The 2002 Inland Empire Komen Race for the Cure attracted approximately 10,000 people and raised over $265,000. B. The City of Temecula desires to provide Community Services Funding and city-support costs of Public Works, Fire and Police for the 2003 Inland Empire Susan G. Komen Race For The Cure. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. In exchange for providing for the Inland Empire Susan G. Komen Race For The Cure of approximately $8,800 for all city-support costs of Public Works, Fire and Police, the City of Temecula shall receive the benefits as listed in Attachment A - 1. B. The Community Support Funding of $25,000 cash will be allocated to pay for breast exams, counseling and other cervices for under served Temecuia citizens. In 6 months and again in 12 months following the Inland Empire Race For The Cure, the IESGKF will provide a general summary report on how funds were expended and what clinics/health agencies received funding and that funds were used for under served Temecula residents. Upon request, City staff may audit the supporting documentation from the IESGKF. C. Within 60 days following the Inland Empire Race For The Cure, IESGKF shall prepare and submit to the Assistant City Manager a written report evaluating the Race For The Cure, its attendance, and describing the materials in which the City was listed as a financial supporter. The report should also include samples of media press clippings, flyers, pamphlets, etc. in a presentation notebook format. D. The IESGKF shall file Temporary Use Permit and Special Event Permit applications with the City of Temecula no later than 90 days preceding the day of the Race For The Cure event. E. IESGKF agrees that it will defend, indemnify and hold the City and its elected officials, officer, agents, and employees free and harmless from all claims for damage to persons or by reason of IESGKF's acts or omissions or those of IESGKF's employees, officers, agents, or invites in connection with the Inland Empire Race For The Cure to the maximum extent allowed by law. F. IESGKF shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability and liquor liability in which the City is named insured or is named as an additional insured with IESGKF and shall furnish a Certificate of Liability by the City (refer to Attachment B). Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall; Include the City as the insured or named as an additional insured covedng all claims adsing out of, or in connection with, the inland Empire Race For The Cure. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with Inland Empire Race For The Cure. 3. Provide the following minimum limits: (A) General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. The insurer shall agree to waive all rights of subrogation against the City, its officer, officials, employees and volunteers for losses arising from the Inland Empire Race For The Cure. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or IESGKF shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. G. Should any litigation be commenced between the parties, hereto, concerning the provisions of this Agreement, the prevailing party concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above wdtten. DATED: THE INLAND EMPIRE AFFILIATE OF THE SUSAN G. KOMEN BREAST CANCER FOUNDATION CITY OF TEMECULA BY: Lori Stone-Rubin, Past President and 2003 Race Co-Chair of the Inland Empire Affiliate of the Susan G. Komen Breast Cancer Foundation 26765 Madison Ave., Suite 108 Murrieta, CA 92562 Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney ATTACHMENT A - '1 LOCAL PRESENTING SPONSORSHIP BENEFITS In exchange for providing $25,000 cash and approximately $8,000.00 for all city- support costs of Public Works, Fire and Police for the Inland Empire Susan G. Komen Race For The Cure, the City of Temeeula shall receive the following benefits. City logo/or name will appear on flyers, advertisemems, and program relating to the event. · The City logo/or name will appear on event t-shirts, posters, banners and promotional items relating to the 2003 event. · Introduction at Awards Ceremony · Free booth space (10 X 20) at event · City banners displayed · City name on all press releases · Complimentary team photo · Complimentary Sponsor Appreeiation Dinner tickets (12) · Complimentary tickets to Survivor/Sponsor Hospitality Center on race day (12) · Commemorative sponsor recognition award · City logo/name on Inland Empire Web Site II. TEMECULA FALL CAR SHOW AND OLD TOWN CRUISE II. TEMECULA FALL CAR SHOW AND OLD TOWN CRUISE Attachment II A Sponsorship Benefits The City of Temecula's benefits as a Presenting Sponsor of the Temecula Fall Car Show and Old Town Cruise includes the following: · City logo/or name will appear on all flyers, advertisements, poster, program and promotional items relating to the event · City name on all press releases · City of Temecula advertisement in the official program · 10 event t-shirts · 10 event posters Attachment II B Estimated City Support Services and Costs Based on the input from City departments we received estimated cost projections for the 2003 Temecula Fall Car Show and Old Town Cruise. The following expenses can be anticipated for this event: Police: $15,000 Fire: 4,000 Public Works: 3,750 Community Services: 2,000 Code Enforcement: 400 TOTAL: $25,t 50 R:~Wolnickg~Agendar~',2003~4 Sponsorship Requestsd~c 1 2 Attachment II C 2003 Event & Media Promotions R:\Wolnickg~gendarepods~2003~O4 Sponsorship Reques[s.doc 13 TEMECULA FALL CAR SHOW & OLD TOWN CRUISE 2003 MARKETING & PUBLICITY 25,000 Flyers (distributed at car shows and are mailed) 500 Posters The Press Enterprise has committed to an in-kind advertising sponsorship and Media Day on September 27 at the Promenade Mall. Vintage Jukebox Raffle to be promoted at all car show from May through September. The jukebox was donated from Casino Pauma. Send releases and post event to trade magazines, web sights, major newspapers and radio throughout Southern California. Local marketing includes newspaper and radio promotion. PRESS RELEAS~ -PRIL 29, 2003 P&R Productions www.pnrevents.com For more information contact: Pat Vesey, 28192 Tierra Vista Rd. Temecula, CA 92592 Phone 909-699-1876 Fax 909-506-1933 Randy Haapala Phone 909-245-9355 Temecula Fall Car Show & Old Town Cruise Media Day September 27, 2003 For the first time we will have a car show & concert to promote the Fall Car Show & Old Town Cruise on September 27m 2003 at the Temecula Promenade Mall from 1lam to 8pm. This event will feature a car show and solid gold entertainment by The Shirells The Del Vikings The Crests The Classic IV They Will Be Performing There Solid Gold Hits Like Dedicated To The One I Love Solder Boy Sixteen Candles Spooky Come Slowly In addition, a lot more solid gold Hits. 4thAnnual Temecula Fall Car Show & Old T-gwn Graffiti Cruise October 11m & 12th 202~ Benefiting the Veterans of Foreign Wars Post 4089 in theirs search for a New Home Temecula, CA. October 10 & !1 2003. Friday Night October 10th we will again be cruising on Old Town Front Street from 5pm to 8pm. In addition, starting at 8:30 there will be concert by the "Drifters" featuring there solid g01d hits like "Up On The Roof" & "Under the Board Walk" & Stan Mayo of the Crests singing 16 Candles along with the Classic IV singing their gold Hit Spooky. Registration fee of $25.00 by Sept 28 includes free T-Shirt, after Sept 28 no free T-Shirt. Old Town Front Street will close at 3pm on Friday and will be open only to registered vehicles. We will start the Temecula Old Town Graffiti Cruise at 5pm. There will be music, vendors and great food Friday night & Saturday in Old Town Temecula. We will limit registration to only 500 Vehicles and the first 200 to register will get one free ticket to the "Drifters" concert. Additional tickets $5.00 to registered vehie!es and $10 per person at the gate for non-registered vehicles. Saturday the streets will again be closed for show & shine from 7:30am to 4pm. Will have over 40 trophies, a Treasure Hunt Giant Raffle Table and more! Registration, Vendor or Volunteer information www.p~events.com or 909-699-1876. You can also register at the 5 & Diner (26460 Ynez Rd. Temecula, CA 909-296-3036) every Saturday Morning 7am to 9am at the breakfast cruise. 4TM ANNUAL TEMECULA FALL CAR SHOW & OLD TOWN GRAFFITI CRUISE P & R Productions presents the 4th Annual Temecula Car Show & Old Town Graffiti Cruise on October 10th & llth, 2003. The event will benefit the Veterans of Foreign Wars Post 4089 in Temecula. Great times and great oldies are in store for the Friday evening festivities. Beginning at 5:00 p.m. the fun begins with the Old Town Temecula Graffiti Cruise on Old Town Front Street. There will be a cross section of 500 Classic Cars, Special Interest Vehicles, Hot Rods, and Custom Cars all-cruising for the VFW. There will be some great photo opportunities with the Classic vehicles cruising down Old Town Front Street so remember to bring your camera. Following the Friday evening cruise at 8:30 p.m., an "oldies" concert will begin. Performances by such popular favorites includes the "Drifters" featuring their solid gold hits "Up on the Roof' & "Under the Board Walk," Stan Mayo of the Crests will sing one of the most memorable ballads of all tune, "16 Candles," and the Classic IV will sing their gold hit "Spooky." On Saturday, October 12th, an all day "Show & Shine" (7:30 a.m. - 4:00 p.m.) will give spectators who crave a little nostalgia a chance to talk to car owners, swap stories as well as a chance to get a close-up look under the hood. A Treasure Hunt Giant Raffle Table, music, vendors and great food will also add to the fun! In addition, over 40 trophies will be awarded at the 'Show & Shine' awards ceremony. Media Day is scheduled for September 27, 2003, at the Promenade Mall in Temecula, 40820 Winchester Road, from 11 a.m. to 8:00 p.m. Media Day will feature a classic car show and solid gold entertainment by: The Shirells, The Del Vikings, The Crests, and The Classic IV. For more information contact Pat Vesey at (909) 699-1876 or visit their website at www.pnrevents.com. Attachment II D 2003 Budget R:\Wolnickg~Agendareports~2003~;)4 Sponsorship Requests.doc 14 Budget for the Fall Car Show 2003 Oct 10& 11 01-Mar-O3 Revenue Car Registrations $ 11,000.00 Sponsors $ 11,500.00 Vendors $ 7,000.00 T-shirt Sales $ 2,500.00 Raffle $ 2,500.00 Total $ 34,500.00 Expenses Flyers $ 900.00 Health Dept $ 113.00 Final Dinner $ 395.00 Car mileage & Show Fees $ 1,500.00 Awards $ 1,398.00 Postage $ 250.43 Posters $ 400.00 Rentals $ 269.78 Music/Entertainment $ 2,000.00 Clean Up $ 1,000.00 Insurance $ 300.00 Corem unications Equipment $ 150.00 T-shirts $ 5,221.75 Porta Potties $ 1,000.00 Drifters Car Club Parking etc. $ 300.00 Supplies $ 400.00 Miscellanies costs $ 200.00 Refreshments Meetings $ 300.00 Permits Fee's $ 347.00 Total Expenses $ 16,~.~.96 Revenue $ 34,500.00 Net Revenue $ 18,055.04 25% to P&R Productions 75% to VFW No Golf this Year Attachment II E 2002 Fall Car Show Recap R:\Wolr~ickg~Agendareports~2003-04Sponsorship Requests.do= 1 5 28192 Tierra Vista Rd. Temecula, Ca 92592 PH. 909-699-1876 Fax 909-506-1933 Temecula's Fall Car Show & Old Town Front St. Cruise Final Review October 11th & 12th 2002 First, we would like Thank the City of Temecula for being the Premier Sponsor of this event, benefiting the Temecula VFW. We continued the same format of last two years and refine it to be even more merchant and public friendly. a. The Friday night cruise, was the same as last years Friday night cruise and a Saturday show & shine. Were had a great success with over 450 vehicles. i. Needs on Friday Night 2003: We would like to have the streets blocked offfiom 3pm to 9pm ( public works did not show up until 3:30 this put some pressure on us to get vendors set up on time) The crowds that came down town to watch the cruising were tremendous. This was a big benefit to the downtown merchants and restaurants that remained open. Really Great Friday Night! ii. Vendors Friday evening: were allowed to set up starting at 3pm to let them join in the evening festivities, they liked this arraignment. We again had a Sock Hop at Fourth & Front Street it was a lot of for all. iii. On Saturday: Streets blocked from 6am to 4:30 pm. We used all of Front Street, and the business parking lots on the facing Front Street and the Stampede parking lot. All side streets on the east side remained open for public parking, with the streets barricades being placed with only four cars facing east, and up to 6 cars facing west on Main Street. Next year (2003) we would like to use all of the 6th street parking lot having the craft fair was a big disadvantage for us in public parking, we want to keep from charging for parking and we need the room too get people downtown.. iv. Vendors were placed on the comers of each street same as last year, and we again used the Stampede pool lot for vendors. v. Event ended at 4:pm on Saturday. vi. We had over $10,000.00 in advertising from The Press Emerprise and considerable radio from KOGO. We were in all major cruise magazines along with there web sights. This reflected in the increase in Vehicles and public. 2. Overall event costs for special event organizers. Dritters Car Club will be given $200.00 for the help in parking, Car Judging and over all supervision of vendors. P&R Productions was given 25% all other went to the VFW (over $19,000) instead of the 30% agreed upon. For their services in promoting this event and handling the day-to-day operations and paper work. 3. Next Year we need to work on lining up cars as they enter the Show on Saturday Morning we did back up due to the number of cars. We think we could go hack around the Hotels toward the Denny's this will help a lot! We will discuss this with Public Works & the Police Dept next year. This Was By Far The Best Fall Car Event Yet! Everything Went Smoothly, Thanks To the Support Of The City of Temecula Service Departments P&R Productions Final Accounting for the Fall Car Show 2002 01-Oct-02 Actual Revenue Car Registrations $ 7,250.00 Woody Raffle $ 5,535.00 Sponsors $ 9,900.00 Vendors $ 6,940.00 T-shirt Sales $ 3,600.00 Raffle $ 2,300.00 Golf $ 8,050.00 Total $ 43,575.00 Expenses Cindy Wilmans/PaulLemond $ 1,000.00 Flyers $ 900.00 Final Dinner $ 395.00 Health Dept $ 113.00 Car mileage & Show Fees $ 528.00 Awards $ 1,398.00 Postage $ 250.43 Posters $ 390.00 Rentals $ 317.34 Music/Entertainment $ 244.17 Clean Up $ 1,000.00 Insurance to City $ 1,~.~.~..50 T-shirts $ 3,952.00 **Porta Potties $ 954.88 Supplies $ 572.00 Refreshments Meetings $ 300.00 Permits Fee's $ 347.00 Golf $ 3,900.00 Golf Walkie Talkies $ 104.52 Total Expenses $ 18,110.84 Revenue $ 43,575.00 Expenses $ 18,110.84 Total $ 25,464.16 P&R Promotion Costs 25% $ 6,366.04 To VFW $ 19,098.12 FINANCIAL STATEMENTS · ~c::~:~-?~ ~ A pplicati°n Page 2I Th~s Page Must Be Completed And SuWmitted (Based on your organization's last fiscal year) This form serves as a guideline of the financial information requested. If your organization has financial statements (balance sheet & income statement) please attach. In addition, please attach the organization's current budget for the proposed event· Balance Sheet as of Assets Cash and Investments $ Receivables (detail) Inventory Fixed Assets Audited: Yes No Liabilities & Fund Balance Current Payables Notes Payable Fund Balance Other Assets Total Assets Total Liabilities & Fund Balance $ Event Income Statement for the Year Ended June 30, 2002 Income Grants $ __C--' -- Cash Sponsorships In-Kind Sponsorships City Funds Souvenirs Vendors Other Sources (Ticket/beverage sales, entry fees, oarkine fees. etc.'} ExpensesT/~q~ Salaries Operating Expenses Advertising/ Promotions Entertainment Rentals Insurance/Permit Fees$ / ~ Z/,~. ~ Other Expenses Sr~a~ [ c~} ! i/~1 ~/~j Attachment II F Sponsorship Agreement R:\Wolnickg~Agendarepc~s~2003~04 Sponsorship Requests.do: 1 6 SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE DRIFTERS CAR CLUB This Agreement, made this 22nd day of July, 2003, by and between thc CITY OF TEMECULA, (hereinafter referred to as "City"), and the Drifters Car Club. A. The Drifters Car Club in cooperation with P & R Productions will operate the 2003 Temecula Fall Car Show and Old Town Cruise on October 10 - 11, 2003. The Temecula Fall Car Show and Old Town Cruise is a special event located in Old Town Temecula involving the display of approximately 500 classic cars. No alcohol will be served. The event will also feature a Sock Hop and Car Cruise, which will be held Friday evening, and a "Show & Shine" held on Saturday, in Old Town. This event is expected to draw between 35,000 - 45,000 people for the event. B. The City of Temecula desires to be a "Premier Sponsor" of the 2003 Temecula Fall Car Show and Old Town Graffiti Cruise. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. In exchange for providing all city-support costs including Public Works, Code Enforcement, Community Services, Fire and Police, the City of Temecula shall be designated as a "Premier Sponsor" of the 2003 Temecula Fall Car Show and Old Town Cruise. The estimated city-support costs are not to exceed $25,150. In the event that City support services exceeds $25,150, the sponsor may seek City authorization for payment above that amount. In exchange for being a Premier Sponsor, the City of Temecula will receive the benefits as listed in Attachment A. B. The Temecula Fall Car Show and Old Town Cruise will serve as a fundraiser for the Veterans of Foreign Wars (VFW) Post 4089 in Temecula. 75% of the proceeds will be paid to the VFW Post 4089. P & R Productions will be given 25% of the dollars generated for their services in promoting this event and for operations. C. Within 60 days following the Temecula Fall Car Show & Old Town Cruise, the Drifters Car Club shall prepare and submit to the Assistant City Manager a written report evaluating the sponsored event, its attendance, and describing the materials in which the City was listed as a Premier Sponsor. The report should also include samples of media press clippings, flyers, pamphlets, etc. in a presentation notebook format. In addition, a complete financial statement of the revenue and expenses of the Temecula Fall Car Show & Old Town Cruise must be provided along with a separate statement indicating the distribution of the funds. P & R Productions will administer all money transactions for the event. P & R Productions shall prepare an accounting for the Temecula Fall Car Show & Old Town Cruise, with guidance of the Veterans of Foreign Wars Post 4089. D. The Drifters Car Club shall file Temporary Use Permit and Special Event Permit applications with the City of Temecula no later than 90 days preceding the first day of the Temecula Fall Car Show & Old Town Cruise event. E. Once the Temporary Use Permit and Special Event Permit applications have been submitted and the event agreement has been executed in final form, the Drifters Car Club will receive authorization to receive City Support Services for the Temecula Fall Car Show & Old Town Cruise, as outlined in the agreement. F. The Drifters Car Club agrees that it will defend, indemnify and hold the City and its elected officials, officers, agents, and employees free and harmless from all claims for damage to persons or by reason of the City approved non-profit organizations acts or omissions or those of City approved non-profit organizations employees, officers, agents, or invites in connection with the Temecula Fall Car Show & Old Town Cruise, to the maximum ex-tent allowed by law. G. The Drifters Car Club shall secure from a State of California admitted insurance company, pay for and maintain in full fome and effect for the duration of this Agreement a policy of comprehensive general liability in which the City of Temecula and the Temecula Redevelopment Agency is named insured or is named as an additional insured with the Drifters Car Club and shall furnish a Certificate of Liability by the City. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall; Include the City and the Temecula Redevelopment Agency as the insured or named as an additional insured covering all claims arising out of, or in connection with, the Temecula Fall Car Show and Old Town Cruise. Include the City and the Temecula Redevelopment Agency, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with the Temecula Fall Car Show and Old Town Cruise. Provide the following minimum limits: General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage with a $2,000,000 aggregate. The insurer shall agree to waive all rights of subrogation against the City, its officer, officials, employees and volunteers for losses arising from the Temecula Fall Car Show and Old Town Cruise. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or the City approved non-profit organizations shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. H. Should any litigation be commenced between the parties, hereto concerning the provisions of this Agreement, the prevailing party concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. I. The Temecula Fall Car Show and Old Town Cruise event must be held within the City of Temecula limits. J. The Drifters Car Club will need to adhere to the Conditions of Approval for the event. Any violation of this document is subject to termination of the sponsorship agreement between the City and the Drifters Car Club. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. DATED: THE DRIFTERS CAR CLUB 28192 Tierra Vista Road Temecula, CA 92592 CITY OF TEMECULA BY: Pat Vesey Jeffrey E. Stone President Mayor ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter Thorson City Attorney TEMECULA FALL CAR SHOW AND OLD TOWN CRUISE Attachment A Sponsorship Benefits The City of Temecula's benefits as a Presenting Sponsor of the Temecula Fall Car Show and Old Town Cruise includes the following: · City logo/or name will appear on all flyers, advertisements, poster, program and promotional items relating to the event · City name on all press releases · City ofTemecula advertisemem in the official program · 10 event t-shirts · 10 event posters III. TEMECULA ON STAGE III. TEMECULA ON STAGE _Attachment III A Sponsorship Benefits · City logo on all collateral marketing pieces · City logo on print advertising · City name mentioned as sponsor in radio advertising · City logo in event program · Link to City web site from Theatre Foundation website and Temecula On Stage website R:\Wolnickg~,gendarepor[s~2003~O4 Sponsorship Requests.doc 17 Attachment III B Estimated City Support Services and Costs Based on the input from City departments we received estimated cost projections for the 2003 Temecula On Stage event. The following expenses can be anticipated for this event: Police: $3,000 Fire: 1,000 Public Works: 650 Community Services: 250 Code Enforcement: 200 TOTAL: $5,100 R:\WolnickggAgendarepo~s~2003~)4 Sponsorship Requests.doc 18 Attachment III C 2003 Event & Media Promotions R:\Wolnickg'~Agendarepor~s~2003~)4 Sponsomhip Requests doc 19 Theatre Foundation A cooperative effort to build a community theater for the Teme~ula Valley Bobbi Boes Joarm Markham Vice PreMdents John Fons~a Chief Financinl O~cer Martha Minklex Grant Advisor September 13, 2002 Jim O'Grady Assistant City Manager City of Temecula PO Box 9033 Temecula, CA 92589-9033 Haro, Clark Golden Circle Dear Mr. O'Grady: Lisa Ferguson Execnfive Director Sam Alhadeff Melody Bnmsting Rob~ Bums Patti Drew Mary ,~nn Edwards Kathy Fotb~ Fran Gilbe~ Cindy Gilmore Bill Harker Harr~ton Jones Kard Lindema~ Stewart Moms Bill paim~ Julia Pitmzzdlo Joan Sparkman Bev~ly S~ephmson J~Stone Saa~ Stousc Tony Turski Aubrey Walker Chuck Washin~on On behalf of the board of directors, I would like to extend our sincere gratitude and thanks for the City's participation as a platinum sponsor. In compliance with our agreement with the City of Temecula, following is a summary of the requested information: Attendance: Approximately 450 people Collateral (Section 1) · Flyer- 1. Sent as an insert in the Temecula Valley Chamber of Commerce Newsletter- 1,400 pieces. 2. Distributed to the Old Town merchants and other retail locations throughout Temecula. 3. Included in statement mailer for Markham Development Management Group - 250 pieces. See attached A Non-Profit Corporation Tax ID 11330871129 27740 Jeffexson Avmug Suit~ 200 Tean~cula, CA 92590 909.587.6504 · Invitation - sent to approx. 1,000 people - see attached · Event Program - Distributed to attendees of the event. See attached Tickets - See attached Cars for Stars Flyer - affiliate program with Paradise Chevrolet Cadillac leading up to Temecula OnStage. - Inserted into 10,000 bank statements for Temecula Valley Bank. See attached · Newsletter- Sent to database of approximately 750 people. See attached Advertising (Section 2) The Press-Enterprise - See attached tear sheet 8/9/02 The Guide 3x8 8/11/02 Local 3x8 8/16/02 The Guide 3x8 8/18/02 Local 3x8 8~23~02 The Guide 3x8 8~25~02 Local 3x8 8~27~02 The Guide 3x8 8~30~02 Local 3x8 Circulation: 140,941 Neighbors Flyer inserted into August issue. See attached Full-page ad in August issue, see attached Circulation: 17,000 Website to promote the event: temeculaonsta.qe.or.q Total Visits to Date: May 2002 8 June 2002 84 July 2002 806 August 2002 1,593 September 2002 55 TOTAL 2,546 See attached - home page Publicity (Section 3) Several press releases and radio PSAs were sent to local media. In addition, during the week prior to the event, KATY and KOGO hosted on-air interviews with the entertainers and chefs and had daily ticket giveaways to promote the event. See attached schedule, distribution avenues and clippings. Financial Review (Section 4) The event showed a first year profit of $7,810. A financial statement, detailing revenues and expenses is attached. The board of directors is pleased with the results of the event and is confident with each subsequent year that Temecu/a OnStage will become bigger and better. If you should have any questions or require any additional information, please do not hesitate to contact me at 587-6504. Thank you again for your participation. We look forward to your support next year as we set the stage for our 2nd annual Temecula OnStage. Sincerely, Lisa Ferguson Executive Director Paradise Chevrolet Cadillac iresent .Saturday, 6:00pm - Main Street, Oh TA ' Enjoy an assemo~y~ of the area's fin~st performing artisbs, including: THE FAB FOUR Sherry Williams J°n~ Laskin Band featuring Gini A cooperative effort t~/miM a commtm~' theater in ~ T~me~la V~II4e~ for ~ou~h~and ~dbits~ News The FabFour - the ~emier Beafles Tl~bute Band that sells o~t major arenas, will h~hlight Temec~Jla OnStaga, the Theatre Foundation's gala f~nd raising event set for Main Street i~ Old Town Tem~cula o~ Saturday, August 31. Temecula OnStage Offers an Evening of Elegance An evening of casual elegance underneath a canopy of twinkling lights will set the scene for the Theatre Foundation's summer fund-raiser "Ternecula OnStage." Presented by Paradise Chevrolet/Cadillac, the entire event will be held on Main Street in Old Town Temecula, Saturday, August 31st t~om 6 p.m. to 11 p.m. and features, elegant cuisine, frae wines, and three entertainment venues. "Our goal is to produce an event that showcases Temecuta with the finest performances, cuisine and wines from our local area in a gala event of theatrical ambiance, but with Temecula's casual elegance, "stated event chairman Chuck Washington. Included in the ticket price is a unique opportunity to experience f'me cuisine prepared by guest chefs and specifically paired with premium wines from the Temecula Valley. A list of six top restaurants and 10 wineries will participate. (See the.list inside.) Headlined by the Fab Four Beatles Tribute Band, the entertainment line up of musical and theatrical performances includes the Jon Laskin Band, Sherry Williams, the Temecula Valley Players, Vintage Singers, and Musicians Workshop Jazz Band. Street performers, mimes, and instrumental soloists are also included in the nonstop entertainment. The City of Temecula recently agreed to sponsor the event providing city services nec- essary to close down Main Street from Old Town Frofit Street to the bridge for the evening. The Main Stage will overlook Murrieta Creek. Additional sponsors include Toyota of Temecula Valley, Rancon Real Estate and The Press-Enterprise. Tickets are on sale at Rancon Real Estate and are $75 per person. For more information call executive director Lisa Ferguson at (909) 587-6504. Attachment III D 2003 Budget R:\Wolnickg~Agendareports~2003~}4 Sponsorship Requests doc 20 Theatm Foundation Temecula OnS~ge Budget-2003 Item Backdrops Lighting Generator for lighting & sound Sound for stages Stages Draping Entertainment Street Entertainment Catering / Chefs Linens Portable toilets Postage Printing Save the Date - postcard Perm its Wine glasses (12 cs / 36/case) wrist bands Event planning 2003 $1,400 $2,825 $1,700 $2,000 $2,250 $175 $9,350 $1,000 $8,000 $850 $300 $1,250 $2,500 $400 $500 $950 $56 $2,500 $40,009 Attachment III E 2002 Temecula On Stage Recap R:\W°lnickg'~Agendarep°rts\2003~4 Sp°ns°rship Requests'doc 21 The Theater Foundation Temecula On Stage - Profit & Loss January through Septemeber 12, 2002 4202 - 2002 Temecula OnStage Income Cash Donations Sponsorships Ticket Sales Total 4202. 2002 Temecuta OnStage Income 5202 · 2002 Temecula OnStage Expenses Advertising Consulting Decor Dinner Invitations Entertainment Event Peru]Its Food & Beverage Other Expense Postage Printing Rental Supplies Total 5202 · 2002 Temecula OnStage Expenses 1,120.CX3 22,000.00 24,650.00 47,770.00 125.44 5,000.00 7,660.42 58.47 11,550.00 472.00 166.95 3,968.44 147.31 39,959.91 Net Income 7,810.09 ,' WENSON A D v t S 0 R S~i REPORT OF INDEPENDENT AUDITORS 27710 Jefferson Ave. Suite 302 Ternecula. CA 92590 Tel: 909-676-6148 800-783-3289 Fax: 909-676-1456 To the Board of Directors The Theater Foundation We have audited the accompanying statement of financial position of The Theater Foundation, a nonprofit organization (the Organization), as of December 3 I, 2002, and the related statements of activities and cash flows for the year then ended. These financial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of The Theater Foundation as of December 31, 2002, and the changes in its net assets and its cash flows for the year then ended in conformity with ~?cccunting principles generally accepted in the United States of America. ,7 ' ~ ~ ~" ~ ' SWENSON ADVISORS, LLP An Accountancy Firm Temecula, California February 7, 2003 A Firm of Certified Public Accountants 401 BStreet. Suite2102, SanDiego. CA92101 · www. swensonaavisors,com WorlOwide Services Through [NTEGRA~INTERNATIONAL' THE TI-IEATER FOUNDATION Statement of Financial Position December 3 I, 2002 Curent assets: Cash and cash equivalents Prepaid expenses Contributions receivable, net Total current assets Other assets: Building, net hnvestments Total other assets Long-term contribution receivable, net Total Assets Current liabilities: Accounts payable Prepaid income Total current liabilities Note payable Commitments ASSETS LLABILI 1 I~S AND NET ASSETS $ 86,843 5,244 71,500 163.587 305.000 31,674 336,674 6,275 506.536 112 2,000 2.112 125.000 301,649 77.775 379.424 506.536 Net assets: Unrestricted Temporarily restricted Total net assets Total Liabilities and Net Assets See Accompanying Notes to Financial Statements 2 TI-IE TI-IEATER FOUNDATION Statement of Activities For the Year Ended December 3 t. 2002 Changes in unrestricted revenues: Contributions Special events revenue Interest income Net assets released from temporary, restrictions Total unrestricted revenue Expenses: Special events expenses Management, general and administration Contribution to City of Temecula to advance pertbrrmng arts Total unrestricted expenses Increase in unrestricted net assets Changes in temporarily restricted net assets: Net assets released from temporary, restrictions oec~c~se in temporarily restricted assets Decrease in net assets Net assets, beginning of year Net assets, end of year $ 31,985 206,112 1,122 239,219 189,721 428.940 114,096 55,722 200,000 369,818 59,122 (189.721) (189.721) (130.599) 510.023 $ 379.424 See Accompanying Notes to Financial Statements 3 THE TI[EATER FOUNDATION Statement of Cash Flows For the Year Ended December 3 I. 2002 Cash flows provided by operating activities: Decrease in net assets Adjustment to reconcile change in net assets to net cash used by operating activities: Noncash contribution of building, less related note payable Decrease in assets: Contributions receivable Prepaid expenses Increase in liabilities: Accounts payable Prepaid income Net cash used by operating activities Cash, beginning of year Cash. end of year $ (130,599) (180,000) 189,721 12,428 112 250 (I08,088) 194.931 $ 86.843 See Accompanying Notes to Financial Statements 4 THE THEATER FOUNDATION Notes to the Financial Statements For the Year Ended December 31, 2002 Note I - Summary of Organization and Significant Accounting Policies Organization - The Theater Foundation (Organization) was organized in 1999 as a Califorma Public Benefit Corporation. The Organization is a not-for-profit corporation whose purpose is to encourage and educate adults and youth in community participation and involvement in the performing arts, to provide charitable assistance to the community of Temecula. California, by developing the necessary funding to build, maintain, and provide a permanent adult and youth community theater, and to provide a permanent location for various performing ar~s groups. The Organization is a nonprofit organization as described in Section 501(c)(3) of the Internal Revenue Code and is exempt from federal and state income taxes. Basis of Accountin~ - The accompanying financial statements are prepared using the accrual method in conforrmty with generally accepted accounting principles. Basis of Presentation - In accordance with SFAS No. 117, Financial Statements of Not-For-Profit Organizations, the Organization reports information regarding its financial position and activities within three classes of net assets: unrestricted net assets, temporarily restricted net assets, and permanently restricted net assets. Cash, Cash Equivalents and Credit Risk - The Organization considers all unrestricted highly liquid investments purchased with maturity of three months or less to be cash equivalents. The Orgamzation maintains its cash accounts at institutions that are insured by the Federal Deposit Insurance Corporation. At times, the Organization may maintain cash balances that exceed the insurance limit of $100.000 per bank. However. the Company considers its credit risk associated with cash and cash equivalents to be minimai. Estimates - The process of preparing financial statements in conformity with generally accepted accounting pnnciples requires the use of estimates and assumptions regarding certain types of assets, liabilities, revenues, and expenses. Such estimates primarily relate to unsettled transactions and events as of the date of the financial statements. Accordingly, upon settlement, actual results may differ from estimated amounts. 5 THE THEATER FOUNDATION Notes to the Financial Statements For the Year Ended December 31, 2002 Note ~ - Summary of Organization and Significant Accounting Policies, continued Public Support and Revenue - The Organization reports gifts of cash and other assets as unrestricted net assets unless they are received with donor stipulations that limit the use of the donated assets or are designated for futura periods. The Orgamzation reports gifts of land, buildings and equipment as unrestrictext net assets unless explicit donor stipulations specify how the donated assets must be utilized or are designated for future periods. Contributions receivable are recorded as temporarily restricted net assets. The temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions when the related contribution has been received. As of December 3 I, 2002, the Organization has temporarily restricted assets of $77,775 and no permanently restricted assets. Contributed Property and Equipment - Property and equipment that has been contributed is recorded at fair value at the date of donation. If donors stipulate the length of an asset's use, the contributions are recorded as restricted support. In the absence of such stipulations, contributions of property and equipment are recorded as unrestricted support. In the absence of a readily determinable fair value, management may use estimates to determine the fair value of contributed property. Note 2 - Investments The Organization received a 3.75% interest in a lirmted liability company as a conufbution in 2001. The Organization estimates the fair market value of the investment is approximately $32.000 as of December 31, 2002. Note 3 - Building The Organization received a building on December 27, 2002 in partial satisfaction of a prior contribution pledge. The building is valued at $305,000, the appraised value at the date of contribution. There is a related note payable of $125,000 (see Note 4). The Organization will begin depreciating the building in 2003. 6 TH2E THEATER FOUNDATION Notes to the Financial Statements For the Year Ended December 31, 2002 Note 4 - Note Payable The note payable of $125,000, see Note 3, above, is at 8% with monthly interest only payments of approximately $833. The note is secured by a deed of trust with the principal balance due and payable March 31, 2004. Note 5 Note 6 - City of Temecula The Theater Foundation, since inception, has contributed $243,250 to the City of Temecula to assist the city in its commitment to advance the performing arts; $200,000 was contributed in the year ended December 31, 2002 - Contributions Receivable Promises to give at December 31, 2002, are as follows: Gross contributions receivable $ 91,500 Less allowance for uncollectible contributions receivable Net contributions receivable Less: current portion Long-term contributions receivable (13,725) 77,775 (71,500) $ 6.275 Note 7 - Donated Services The Organization receives donated services from individuals who assist in fund- raising and special projects. No amounts have been recognized in the statement of activities because the criteria for recognition under SFAS No. 116 have not been satisfied. 7 Attachment III F Sponsorship Agreement R:\Wolnickg~,gendarepor[s~2003 04 Sponsorship Requests.doc 22 SPONSORSHIP AGREEMENT BETWEEN CITY OF TEMECULA AND THE THEATRE FOUNDATION This Agreement, made this 22nd day of July, 2003, by and between the CITY OF TEMECULA, (hereinafter referred to as "City"), and THEATRE FOUNDATION, a California nonprofit corporation. A. The Theatre Foundation will operate the Temecula On Stage event on August 30, 2003. The Temecula On Stage is a special event located on Main Street in Old Town Temecula. The event will showcase the area's top chefs and wineries along with a variety of performance arts including local musicians, vocalists, actors and dancers. Last year's event drew approximately 450 attendees and raised $7,050 for the Community Theater in Old Town. Expected attendance for the 2003 event is 500. B. The City of Temecula desires to be a "Platinum Sponsor" of the 2003 Temecula On Stage event. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. In exchange for providing for the Temecula On Stage event of approximately $5,100 for all city-support costs of Public Works, Fire and Police, the City of Temecula shall be designated as a "Platinum Sponsor" of the 2003 Temecula On Stage event. In the event that City support services exceeds $5,100, the sponsor may seek City authorization for payment above that amount. In exchange for being a Platinum Sponsor, the City of Temecula will receive the benefits as listed in Exhibit A. B. Within 60 days following the Temecula On Stage, The Theatre Foundation shall prepare and submit to the Assistant City Manager a written report evaluating the Temecula On Stage, its attendance, and describing the materials in which the City was listed as a Platinum Sponsor. The report should also include samples of media press clippings, flyers, pamphlets, etc. in a presentation notebook format. In addition, a complete financial statement of the revenue and expenses of the Temecula On Stage event must be included. C. The Theatre Foundation shall file Temporary Use Permit and Special Event Permit applications with the City of Temecula no later than 60 days preceding the first day of the Temecula On Stage event. D. Once the Temporary Use Permit and Special Event Permit applications have been submitted and the event agreement has been executed in final form, the Theatre Foundation will receive authorization to receive City Support Services for the Temecula On Stage as outlined in the agreement. E. The Theatre Foundation agrees that it will defend, indemnify and hold the City and its elected officials, officers, agents, and employees free and harmless from all claims for damage to persons or by reason of The Theatre Foundation's acts or omissions or those of The Theatre Foundation's employees, officers, agents, or invites in connection with the Temecula On Stage to the maximum extent allowed by law. F. The Theatre Foundation shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability in which the City is named insured or is named as an additional insured with The Theatre Foundation and shall fumish a Certificate of Liability by the City. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall; Include the City as the insured or named as an additional insured covering all claims arising out of, or in connection with, the Temecula On Stage event. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with Temecula On Stage event. Minimum Scope of Insurance. Coverage shall be at least as broad as~ (A) Insurance Services Office Commercial General Liability coverage provided on ISO-CGL Form No. CG 00 01 11 85 or 88. (B) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned endorsement to the General Liability policy described above is acceptable. Minimum Limits of Insurance. The Theatre Foundation shall maintain limits no less than: (A) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (B) Liquor Liability: One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. The insurer shall agree to waive all fights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from the Temecula On Stage event. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or The Theatre Foundation shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Should any litigation be commenced between the parties, hereto, concerning the provisions of this Agreement, the prevailing party concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. DATED: THE THEATRE FOUNDATION 27740 Jefferson Ave., #200 Temecula, CA 92590 CITY OF TEMECULA BY: Dan Stephenson, President Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney TEMECULA ON STAGE Exhibit A Sponsorship Benefits · City logo on all collateral marketing pieces · City logo on print advertising · City name mentioned as sponsor in radio advertising · City logo in event program · Link to City web site from Theater Foundation website and Temecula On Stage Website IV. THE GREAT TRACTOR RACE ATTACHMENT IV A SPONSORSHIP BENEFITS Sponsorship Benefits To The City As a Special Event Sponsor the City will receive: The City of Temecula will be included in all advertis- ing, Flyers, Newspaper Ads, Radio Announcements~·~.and all Promotional Materials. 10 Tickets will be provided to Saturday~and Sunday Shows. The City will have First Right of Refu§al for next years Event. Attachment IV B Support Services and Costs Below are the City generated services and their estimated costs provided to the Southwest Events for The Great Tractor Race event. Staffing in various classifications is dependent upon event configuration and anticipated needs. Police: $6,500 Fire: 4,000 Public Works: 600 Community Services: 500 Code Enforcement: 300 TOTAL SERVICE COSTS: $11,909 R:\Wolnickg~,gendareporls~2003~)4 Sponsorship Requests.doc 24 Attachment IV C 2003 Event & Media Promotions R:/Wolnickg~Agendareports~003-04 Sponsomhip Requests.doc 25 ?-78~O DE.L..RIO RD. TEMF. CULA CA. (909) 506-44,08 - FAX (909) 506-4409 To: City of Temecula 43200 Business Park Drive Temecula, Ca 92589 Attn: Gloria Wolnick; Per your request please find tha attached information. PUBLICITY AND ADVERTISING Publicity and Advertising for the 2003 Great Tractor Rac~ will be the same as last year. We will be in Newspapers, Radio Adds, Cable T.V., Posters, Flyers and our website. 7_7&~O DEL.. RiO RD. TEMF..GL)LA CA. 99-.%90 ~ (909) 506-44.08 - FAX (909),50b- 4409 Charity Our goal this year will be to raise more money for Rancho Damacitas. We will also, continue support for the Elks, Lions Club, React and the Temecula Sheriffs Poss'e, for services they provide at the event. ~ Z7~,(oo DF.L. RIO RD. TEMECULA CA. (909; 50{)-44-08 - FAX (909) 506-4409 Ticket Prices Ticket prices will remain the same as last year. They will be $8.00 per Adult, $4.00 per Children under 10 years of age, 3 years and under will continue to be no charge. We will also be offering our Family Package of 4 (2 Adults and 2 Children) for $20.00. This worked out very well last year. so we have decided to stay with the same program. The Great Tractor Race Page 1 of 2 27th Annual The Great Tractor October 3, 4, & 5th, 2003 "BACK TO BASICS: OLD FASHIONED FAMILY FUN" July 7, 2003 About Us Map Prices Events Photo Album Antiaue Drivers Info Tractor Museum Tractor History Tractors Toy Tractors The Great Tractor Race is fun for the whole family. There will be races with six classes of "tractors" around an oval tract with a huge mud bog right in front of the grandstand. Check out the great press reviews of last year's race and its photo album. Race History 2002 Race The Grsat Tractor Race is brought to you by these sponsors: Your Intemet Guide for the Southwest Riverside County. Come by and erLjoy: Midway Carnival ~reat Music Good Food Big Splashes Shameless Bragging Raucous Cheering Mud Volleyball Pre-race Dance Kids Mud Bog Random Prizes Tractor Pagoda Kids Contests Mechanical Bull Riding Rock Wall Climbing Oven3~own RC ATVs What to wear: If you are going to play in some of the games, wear your best "mud duds." If you are going to watch and cheer, wear something that can get dusty. Directions: We are moving to a new location this year. But just where, we haven't figured it out yet. We will post the location here as soon as we make up our muddy minds. We need volunteers! Would you like to join in the fun? CALL 909-334-1531 or 909-506-4408 We need drivers, tractors, lawn mowers. Can you help set things up or help on the days of the race? Any help would be appreciated and is for a very good cause. http://www.tractorrace.com/ 07/07/2003 Attachment IV D 2003 Budget R:\Wolnickg~Agendareports',2003~)4 Sponsorship ~equests.dcc 26 DEl-RIO RD. TF_MEGULA CA. 9"2.~90 S06-4408 - FAX (909) ,506- 4409 PROPOSED BUDGET FOR 2003 TRACTOR RACE REVENUE: Gate R~ciepts Beverage Sales Entry Fees Parking RV Parking Sponsorships Vendor Reciepts Total Revenue $20,000 8,000 3,200 2,000 500 12,000 10,200 $55,900 ~909~ SO6-440g - FAX (909~ 5'06-4409 Expenses for 2003 Tractor Race Advertising Trophies Adult Beverage Contingencies Donations for Services Misc. Equipment Rental Insurance Licenses and Permits Media Day Restroom Facilities Security Signage Site Prep Trash Removal V.I.P. Tent Meals for Volunteers $9,500 2,000 3,000 2,000 3,500 3,000 4,000 600 300 2,500 3,800 1,500 1,500 2,500' 50O 1,000 Total Expenses $41,200 Profit/Loss 14,700 Attachment IV E 2002 Great Tractor Race Recap R:\Wolnickg~Agendareports~2003~4 Sponsorship Requests doc 27 DEL.. RIO RO. TE. MP.C;~JLA CA,. 97...~90 506-4**08 · FAX (909) 506- 4409 Tractor Race For 2002 Re~ap Thanks to tremendous support form our sponsors and volunteers we had a very successful event for 2002. We were able to ~6nate money to Rancho Damacitas ~d also provide some income for several local Organ- izations including The Elks, Lions Club, The Temecut~ Sheriffs Poss'e and React. All of these fine people donate so much Of themselves~and their time to our community. We would especially like to thank the City of Temecula for their support in our efforts to preserve the oldest event in our valley. %,-.,, ?-7a, GO DF.i- RiO RD. TEMP. CUI..A CA, '~?..,590 (909,~ 506-4408 - FAX (909),506-4409 ANNUAL PROFIT & LOSS - 2002 Gate Receipts & Donations Total Income: Expenses: Supplies Telephone Postage and Shipping Occupancy Equipment and Maintenance Total Expenses: Net Income: Less Income Tax $17,343.00 $17,343.00 $ 2,126.00 $ 1,350.00 $ 108.00 $ 3,770.00 $ 5,217.00 $12,571.00 $ 4,772.00 -0- Net Income After Tax $ 4,772.00 ~ ?.?SGO DEL. RIO RD. TE~GULA C'A,. ~..~c~ O ~ ¢909~ $06-4a.08 · FAX (909),.,c06-440~ BALANCE SHEET AS OF DECEMBER 2002 Current Assets: Cash on Hand Accounts Receivable Other Current Assets Total Current Assets: $17,343.00 $17,343.00 Long-term Assets: -0- Current Liabilities: Notes Payable Accounts Payable: Current Current Portion Long-Term Debt Other Current Liabilities Total Current Liabilities: -0- $12,571.00 $12,571.00 Long-term Liabilities: -0- Total New Worth: $17,343.00 Total Liabilities ($12,571.00) Great Tractor Race Year 2002 Scrapbood Page 1 of 2 The Great Tractor "BACK TO BASICS: OLD FASHIONED FAMILY FUN" Year 2002 Scrapbook (Click on picture for larger image.) July 7, 2003 Little Splash Big splash Racing Mud Chugginc. Finish Line Lonesome Finish Loco Motive Just add Wate Too Much Fun Don't wash the fun out. Yes, we have showers... ...a whole truck f, Announcer's Booth View from Bleachers Hi-tech Bleachers Burgers al fres¢ http://www.tractorrace.com/race_2002/archive/scrapbook/index.htm 07/07/2003 Great Tractor Race Year 2002 Scrapbood Page 2 of 2 Mud People smile a lot. Yes, I do websites. Mud keeps us together. Precision Mud Washing up for lunch. Lunch Practicing for next year. Top Hand's Side~ Local Punk VIP Tent Paramedics Police Dave's Tractor Billy Bob's Tractor Good Ole Betty Hummer?. Lawnmower #7 Boozak Monster Pack'um Up Got Mud? http://www.tractorrace.com/race2002/archive/scrapbook/index.htm 07/07/2003 The Great Tractor Race: About Us Page 1 of 2 The GreatRaceTractor - About Us July 7, 2003 Mud Queen Contact Us Charity Info News Releases Vendor Info RV ParkinflApplication The Great Tractor Race 2002 is an exciting, old fashioned fun event brought to you by: Contact: Southwest Events 27860 Del Rio Road, #A Temecula, CA 92590 Office: 909.506.4408 Fax: 909.506.4409 Email: info~tractorrace.com for general questions or: webmaster~tractorrace.com for web site corrections Vendors: Vendors can call Judy Steffen at 909.675.7573 Please fill out the Food, Exhibitor Application and fax or mail it to the address above. News Releases: Press Enterprise, 10/06/2002 Race brings tractor, mud lovers Revved-up engines, mud bogs and fans anticipating speed from vehicles meant to pull farm machinery. Great Tractor Race competition begins today - 10/5/02 - NCTimes.net ...Great Tractor Race competition begins today AGNES DIGGS Staff Writer TEMECULA .... Contestants for the 26th annual Great Tractor Race have arrived at the track, and a more motley crew would be hard to find. The two-day... http://www.ncfimes.netdnews/2002/20021005/60842.html Tractors to engage in mudslinging - 10/3/02 - NCTimes.net ...Tractors to engage in mudslinging AGNES DIGGS Staff Writer TEMECULA .... The Great Tractor Race, scheduled to get down and dirty this weekend, is not for farmers ....or wimps, organizers say. "This is kind of like the farmers'... http://www.nctimes.net/news/2002/20021003/60407.html Press Enterprise, 8/10/2002 Column by Scott Farwell "The great race reputation." North County Times, 5/17/2002 http://www.tractorrace.com/aboutus.html 07/07/2003 The Great Tractor Race: About Us Page 2 of 2 "The Tractor Race will rise again, say former participants." Charity Information: Southwest Events is a non-profit organization shows its commitment toward contributing back to our local community. The focus of our revenue is children in need. Our primary charity is Rancho Damacitas, which is a division of Thessalonika Family Services. This fine organization provides child care staff and therapists to heal children that have suffered abuse and neglect. Using a small family-style setting, Rancho Damacitas strives to heal the emotional scars from mistreatment and provide long-term care that assists the child to grow into an independent, goal-oriented person. For further information, don't hesitate to contact Rancho Damacitas directly at (909) 302-2317. http://www.tractorrace.com/aboutus.html 07/07/2003 Queen Contes October 4, 2002 At the Pre-Race Dance on Old Town Front Street, Temecula For the benefit of: October 4, 5, & 6 Three Queens will be chosen. There will be a Mis~ (pre-teen) Mud Queen, a Teen rvlud Queen, and a Mrs. Mud Queen. So put on your western duds (dress for the contest is western) and high tail it down to the dance to participate. The entry fee is $10 and applications need to be submitted no later than 6:30 PM the night of the dance. The music starts at 7:00 PM. Applications can be found at the Wild Cactus in Old Town, on the web site www.TractorRace.com, or just get to the dance by about 6:00 PM. It will be near Old Town Front Street and Main Street. So mark your calenders and tell your sweetie, "Honey, you are looking at the Hud Queen for 2002." Southwest Events is a non-profit organization whose primary charity is Rancho Damacitas, a division of Thessalonika Family Services. Southwest Events. 27860 Del Rio Road, #A. Temecula, CA 92590. (909) 5064408 · info~U'actorrace, com Midway Carnival for the KTDS Childrens Mud Bog 3oin us at The Great Tractor Race DANCE on Friday night October 4, 6:00 p.m. at Old Town Front Street in Temecula. We will pick the ~Hud Queen of 2002'. The Great Tractor Race is proudly sponsored by: The Miller Brewing Company. "it's MillerTime" !~)~///~//~ ~ Pauley Equipment Co. Temecula Embassy Suites 909.676.5656 · .~ 909.695.9080 TEMECULA VISTA ESCONDIDO Rancho Auto Parts 909.296.5392 .~~ Rental Service Corporation ~~ ~,~q~l[~l~ 909.676.2233 TEMECULA Opening Act T~.IURSDAY, OCTOBER 3, 2002 / TH£ C^U~ORNL~N · DAVID BAUMAN / THE PRESS-E~[TERPRIS£ Dave Johnson of Temecula is one of a group of racers who f0rm~d Southwest Events, a nonprofit group thaf helped revive The Grea* Tractor Race. ' P CE CONTINUED FRO'M teers to put the 26th annual tractor rac~ together. Whether a crowd shows up or not, some 50 to 73 tractors and oddball vehicles being passed off as tractors will churn up the mud bogs to see who's fastest. Johnson says his wife, Sharon, will drive their 1939 John Deere, which he predicts will be the slowest tractor in the race. He'll be driving "Big John- son," a farm truck converted into a racing machine. And he still vows a comeuppance for tils old rival, Jack Kay, and the souped-up farm truck "Ole Bet- The revived event will even bring out the Sodbustex'-- the tractor that started it all. On Tuesday, Sodbuster's owner, Bob Morris, 69, claimed he had flown in a special team of me- chahics to adjdst the fuel injec- tion on his 83-year-old tractor. (Shameless bragging to intimi- date the opposition is a 'sanc- tioned race event this year.) "Yep, I think it's gonna run," Morris sgid. Sodbuster has been in moth- balls for five years. With his daughter Belinda working the hand brake, Moi'ris drove the modified 1919 Dodge Bros. Touring Car in 20 tractor races before he retired it. Morris won the fh'st tractor .race in 1977. In those days, the racetrack went through Old Town Temecula a~nd the Murri- eta Creek bed. After 2.5 years, the race had evolved into a huge 9ntertainment package, includ- ing big-name bands, carnivals, exhibits and lots of things be- sides tractor racing. In the lat~ ].990s, upward of 30,000'specta- tors ~rned out for the race. But by 1999, the crowd had dwin- dled to 5,000, and the race had become a money pit for the Temecula Town Association whose door was locked on Tues- day. Phone calls to the organi- zation were not returned. "It was over-commercial- ized,'' Scott Dittmer said of the event. He has been driving a tractor in the race since 1985. This time, he said, with the drivers organizing the race more planning went into de- signing the mud pits than lining up entertainment. . - Just like in the old days, this year's music will be provided by a collection of volunteer local bands. And there will be no grandstands. Spectators will have to sit on hay bales. "We're getting things back to the way it was," Dittmer said. And if 5,000 people show ~p to watch, the organizers wfil be thrilled. Racers will find the track more fun this year, too~Dittmer said. It has right and left. turns and two mud bogs instead of one. And as in the early years, the plans are still evolving days be- fore the race. There may be a mud-surfing contest, a competi- tion that involves standing on a hay bale as it is being [owed through the mud 6y a tractor. Por sure there will be a small carnival and a mud bog for kids to ruin their clothes in. Children. can.also enter jello- and cookie- eating contests. For adults, there will be a dance ori Old Town Front Street (music courtesy of Mutt) on Fri. day, starting at 7 p.m., and the Mud Queen to be crowned that night. Reach Sandy Stokes at 587-3140 or Tractors to engage in mudslinging - 10/3/02 - NCTimes.net Page 1 of 3 Today'8 Weather Today's Weather Forecast Today's Top Stories ~TflE NEWS Previous Story II Headlines It Next Story Tractors to engage in mudslinging Our Best Links Keyword Search I Search I Advanced AGNES DIGGS Staff Writer TEMECULA .... The Great Tractor Race, scheduled to get down and dirty this weekend, is not for farmers .... or wimps, organizers say. "This is kind of like the farmers' (Indy) 500," said Scott Dittmer, who is preparing his entry for the big event. "People can come out and talk to the drivers and look at the vehicles, sit on them and ask questions. We're not stuck-up out here." The family-oriented festivities will feature races in six different classes of "tractors" around an oval track that boasts a huge watery mud pit in front of the grandstand .... close enough for sheets of brown liquid to wash over part of the crowd. About 60 tractors are already scheduled for the event. Dittmefs entry, the 911, is nicknamed "Nut-N But Attitude," he said. It's a 1984 4-wheel drive vehicle built three years ago by Dittmer and his buddies from the Riverside Sheriffs Department, Tim Henderson, Jake Jacobs, Bob Riddley and Eric Hamilton. "It's black and white and looks like a police vehicle," said Dittmer, who owns Precision Alignment and Brake in Temecula. "It was a last-minute thing and we built it in three weeks. It's been modified for speed and traction." The 911 is built to professional standards, Dittmer said. "Fully caged, four harnesses in a crew cab," he said. "There's not a safer vehicle you can drive. I've got room for four people in it." Dittmefs tractor can easily go 100 mph, he said. On an oval track, it can go 60 mph in the stretch and 45 mph to 50 mph coming out of the turn and hitting the mud. "It's like hitting a truck or a brick wall," Dittmer described the swampy pit. "It takes about a week to get the mud out of your sinuses." The three-day tractorfest, in its 26th year, is presented this year by Southwest Events, a Temecula-based nonprofit organization. The 2002 theme, "Back to Basics: Old-Fashioned http://www.nctimes.net/news/2002/20021003/60407.html 07/07/2003 Tractors to engage in mudslinging - 10/3/02 - NCTimes.net Page 2 of 3 Family Fun," will be reflected in a variety of activities, including a prerace dance with a Mud Queen contest, live band performances, a mechanical bull; and for children, a Jell-O- eating contest, a cookie-eating contest, carnival rides, and a mud bog. "It's a great opportunity for kids, especially those from the city," said Cristie Shindelar, one of the organizers. "They can get up close to the tractors, touch the tires, sit in them." And then there's the mud pit where they can get a good wallow. "Kids are usually told not to get dirty, but here it's just the opposite," Shindelar said. "Get dirty, feel the dirt, smell it. There's no way you can stay clean." There are lots of spigots for the post mud-mayhem cleanup. Folks who plan to participate should wear their "mud duds," she said. Spectators should wear something that can get dusty. "We want people to come out and have fun, and we know price is a consideration." Shindelar said." Three Mud Queens will be chosen to hold court, one each in the preteen, the teen and the "Mrs." categories. Entries will be accepted until 6:30 p.m. on Friday, the night of the dance, which will be held at the Wild Cactus, 28475 Old Town Front Street. Admission to the dance is free, although donations will be accepted to be used for the charities Southwest Events supports. Western-style dress and a $10 entry fee are required for contestants. Southwest Events took over the race after the Temecula Town Association announced in February that it would no longer be holding the event because of low attendance and because it had become a financial burden. The name has been changed to "The Great Tractor Race" from "The Great Temecula Tractor Race." Bob Morris, one of the originators of the race, will serve as grand marshal this year. Scott Dittmer, who was grand marshal last year, said he disagrees that the event has no future. "I want to continue it long enough for my 12-year-old son to be in it," Dittmer said. "Whatever we have to do, it will keep happening." Despite the high-tech contrivances on the vehicles, many of which are reminiscent of those seen in chase scenes in "Mad Max" movies, the event is so laid back that many of the racers don't sign up until the day of the races, Shindelar said. Racers have to be 18 and older, with a valid s driver's license. They have to obey race rules, she said, and sign a release. "We've got some youngsters, some new blood, old tractors that have changed hands and have new numbers and paint jobs," Shindelar said. "It's the longest-standing event in the area and lots of people are forgetting it because now there are so many things to do. But it used to be the only thing in town." Friendly insults and grudge matches take place on Sunday after the official races end, Dittmer said. http://www.ncfimes.neffnews/2002/20021003/60407.html 07/07/2003 Tractors to engage in mudslinging - 10/3/02 - NCTimes.net Page 3 of 3 "That's when you get to say stuff like 'Sure, your tractor's fast, but you're a lousy driver,'" he said. The first tractor race took place in October, 1977, on a bet between Bob Morris and another longtime resident, Tommy Hotchkiss. Morris said folks were wagering that he couldn't get his depression-era tractor, converted from a 1930's touring car, running in time to race Hotchkiss. Morris said he worked aronnd the clock and proved them wrong. Several racers showed up for the showdown. Morris won the race with his daughter, Belinda, as brakeman, driving No. 33, called "The Sodbuster." The friendly rivalry gave rise to an annual competition. The race isn't for men only. Sharon Johnson, whose husband, Dave, is president of Southwest, has been entering the family's 1939 John Deere for more than a decade. She first saw it in a local radiator shop, she said, "and I just kept drooling and drooling over it." She purchased it as a girl for her husband and he raced it. But it was too slow for him, she said. He now races a big Ford truck called "Big Johnson" in the top speed class. He likes the speed, she said, but she races the old tractor to keep up the tradition. Her faith in it earned her a tortoise-and-hare win last year when her opponent bogged down and she took first place going 4-and a -half miles an hour. Contact staff writer Agnes Diggs at (909) 676-4315, Ext. 2621 or adiggs@califomian.com. The Great Tractor Race Time: Friday, 9 a.m. to 5 p.m Sat. and Sun. Place: Diaz Road, one mile from intersection with Winchester Road, Temecula Cost: $8 for adults, $4 for children 10 and under. Family of four, $20 Info: 334-1531 or 506-4408 10/3/02 Previous Story II Headlines II Next Story Send to a friend - enter e-mail address: Send thislink I / ADDITIONAL LINKS \ NEWS I ARCHIVES [ ART & LEISURE I SPECIAL REPORTS I COLUMNISTS [ WEATHER I SEND A LETTER GAS PRICE SURVEY I TIMES JOBS [ CHARITIES FUND I DIGGER'S DOGHOUSE I SEARCH THE WEB SUBSCRIBE I COMMUNITY [ WEB SERVICES I AD RATES I CLASSIFIED ADS I CONTACT US webmaster(~_~nctimes.com ©1997-2002 North County Times editor(~,nctimes.com http://www.nctimes.netYnews/2002/20021003/60407.html 07/07/2003 Great Tractor Race competition begins today - 10/5/02 - NCTimes.net Page 1 of 3 Today'8 Weather Forecast Today's Weather C} ~h~ck The Today's Top Stories ~THE NEWS Previous Story. II Headlines [I Next Story Great Tractor Race competition begins today Our Best Links IWhat We Do ~ Ke~vord Search I. J Search I Advanced AGNES DIGGS Staff Writer TEMECULA .... Contestants for the 26th annual Great Tractor Race have arrived at the track, and a more motley crew would be hard to find. The two-day competition for bragging rights began Friday with a friendly dance and the designation of a Mud Queen. The next two days will be mud and mayhem for 60 modified powermobiles. The mechanical mutants come in all shapes and sizes, mn at a variety of speeds and one of them wears a wig and goes by the name of Betty. Jack Kay is the proud owner of Betty, the event's matriarch. Kay has been involved in the tractorfest for about 12 years, mostly as a copilot. Last year, he worked track safety on the infield. This year, he will climb behind the wheel of one of the oldest tractors around. "It was one of the originals and it's been passed around," Kay said. "It's a mystery how Betty got passed around, but she went to the track last year and didn't mn right so she ended up getting cannibalized for parts." Betty used to be pretty fast, Kay said. The old girl had gotten mud in her carburetor and had become "kind of a sad, sputtering story," he said. "But it's not going to be the case this year." Kay completely refurbished Betty right down to the female mannequin head attached to the hood. She's got a new wig http://www.nctimes.net/news/2002/20021005/60842.html 07/07/2003 Great Tractor Race competition begins today - 10/5/02 - NCTimes.net Page 2 of 3 and a new paint job. David Carlson/Staff Photographer Jack Kay sits atop "Betty," his "It's a real racy hot pink and it has eyes and entry in the Great Tractor Race set lipstick painted on the front," Kay said. "It's for this weekend. really a character truck." Betty's also got guts, thanks to some tweaking of her motor. Kay said he doesn't want to brag, but he's entering her in the fastest class of competition. What makes a tractor fast is the exact ratio of power to weight so that it doesn't get overloaded, Kay said. He said Betty now has the right stuff and she's going to have to show it up against the "hot dogs" in the competition. One of Betty's previous owners, Leo Maguire, is in town for the event. Maguire, 35, inherited Betty from a previous owner, but gave her up last year when he moved to Atlanta. "I owned and raced it for three years," Maguire said. "I converted it from a manual to an automatic transmission and changed the seats .... she's got bucket seats now. She used to have bench seats. We went fancy. I'm proud to say it never lost a race while I was driving it." Betty was pink when he acquired her. "I think it was born pink," he said. "She's a girl." Maguire said he took time off from his job as a network engineer for a computer network security firm to come back to Temecula for the race. "There's nothing like this in Atlanta, that's why I came back here for," he said. "I don't think there's anything like this anywhere in the world." He has been staying with event committee members Dave and Sharon Johnson and dedicating his days to preparing the Diaz Road site where the races will be held "so everybody has a good time when they come out here," he said. Maguire said he expects to take a few turns on the track, hopefully with Betty and her new friend, Jack Kay. He added that he's looking forward to crossing the finish line ahead of some of the "trash talkers." "All I know is it was undefeated when I was driving it," he said. Let the trash talking begin. Contact staffwriter Agnes Diggs at (909) 676-4315, Ext. 2621, or adiggs@califomian.com. The Great Tractor Race Date: Saturday and Sunday Time: 9 a.m. to 5 p.m. http://www.nctimes.net/news/2002/20021005/60842.html 07/07/2003 Great Tractor Race competition begins today - 10/5/02 - NCTimes.net Page 3 of 3 Place: North end of Diaz Road Directions: Exit Interstate 15 at Winchester Road and turn left, then turn right at Diaz. Prices: Adults, $8; children 10 and younger, $4; family of four, $20 Events include mud games, Jell-O-eating contest and live music. For information, call: (909) 506-4408 or (909) 506-4409 10/5/02 Previous Story. II Headlines II Next Story_ Send to a friend - enter e-mail address: I I / ADDITIONAL LINKS NEWS I ARCHIVES I ART & LEISURE I SPECIAL REPORTS I COLUMNISTS I WEATHER I SEND A LE37FER GAS PRICE SURVEY I TIMES JOBS I CHARITIES FUND I DIGGER'S DOGHOUSE [ SEARCH THE WEB SUBSCRIBE 1 COMMUNITY I WEB SERVICES I AD RATES I CLASSIFIED ADS I CONTACT US webmaster(~nctimes.com ©1997-2002 North County Times editor(~,nctimes.com http://www.ncfimes.net/news/2002/20021005/60842.html 07/07/2003 The Great Tractor Race History Page 1 of 2 The Great Tractor "BACK TO BASICS: OLD FASHIONED FAMILY FUN Race History July 7, 2003 · A little history from Bob Morris, one of the ~..~ original racers... In April of 1969 1 rode through this valley and camped overnight and by morning I knew this was to be my new hame. Shortly after my family and I were settled here. We met many friends but one in particular who had a lot to do with the great Temecula Tractor Race was Warner Stewart of Murrieta. I will always remember the day we stood looking at the old Dodge cars that had been converted into tractors during the Depression years which his relative had used to farm this valley. They had been sitting in the field for many, many years. Your could tell that they had been touring cars at one time. Both were shortened and had Model "~' truck rear ends with bigger tires on the back. [loth covered with rust and dirt, hardened black rubber tires with weathered wood boxes used as seats and the grass that grew around them was as tall as the hoods, but T SaW a beauty especially in one. T think now because it was a little lower slung. I asked Warner, "bo you think these will still run?" Warner put his arm on my shoulder and said "You damn right they will" or something like that. I said ]~ would like to buy this one, and Warner made me a heck of a deal and that day we made our wager that we would make them http://www.tractorrace.com/racehistory/index.htm 07/07/2003 The Great Tractor Race History Page 2 of 2 run and race them from Murrieta to Ternecula. 50 we met with Tommy Hotckiss and told him of our plan and that's how the Great Temecula Tractor Race began. This year will be our eighth year of racing for my very proud to be Grand Marshal and I know that Warner feels the same. Belinda and I look forward to this day probably more than any day of the year. What an experience it has been. Rober! ~Zorris, /954. daughter Belinda and I, and we're both http://www.tractorrace.com/racehistory/index.htm 07/07/2003 Attachment IV F Sponsorship Agreement R:\Wotnickg~Agendarepor[s~2003 04 Sponsorship Requests.doc 28 ADVERTISING AGREEMENT BETWEEN CITY OF TEMECULA AND SOUTHWEST EVENTS This Agreement, made this 22nd day of July, 2003, by and between the CITY OF TEMECULA, (hereinafter referred to as "City"), and SOUTHWEST EVENTS, a California nonprofit corporation. A. Southwest Events will operate "The Great Tractor Race" on October 3 - 5, 2003. The Great Tractor Race is a special event located at the Northwest Sports Complex at Winchester Road and Diaz. At this date, the Northwest Sports Park property is available for the event. In the event that this site is not available, this contract is null and void. The event features tractor races, Midway Carnival, Kid's Faire and mud games including mud surfing and mud tug-of-war. The event is expected to draw between 7,000 - 9,000 people for the 3-day event. In preparation for The Great Tractor Race, a media day and carnival is planned, which will take place approximately two weeks prior to the Tractor Race. This venue will also be held on the property at Diaz and Winchester Roads. It will be the responsibility of the event organizer to pay all support costs associated with the media day and carnival as well as the use and permit fees. B. The City of Temecula desires to be a "Special Event Sponsor" of the 2003 Great Tractor Race. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. In exchange for providing property and potentially some or all city- support costs up to $11,900 for the costs of Public Works, Code Enforcement, Fire and Police, the City of Temecula shall be designated as a "Special Event Sponsor" of the 2003 Great Tractor Race. Profits of the event will be donated to the local charities listed in item B. In exchange for being a "Special Event Sponsor," the City of Temecula will receive the benefits as listed in Attachment A. B. The Great Tractor Race will serve as a fundraiser for the Thessalonika Family Services, the Rancho Damacitas branch, local non-profit organizations benefiting youth. Southwest Events will continue support for the Elks, Lions Club, React and the Temecula Sheriffs Posse for services they provide at the event. C. Within 60 days following The Great Tractor Race, Southwest Events shall prepare and submit to the Assistant City Manager a written report evaluating The Great Tractor Race, its attendance, and describing the materials in which the City was listed as a "Special Event Sponsor." The report should also include samples of media press clippings, flyers, pamphlets, etc. in a presentation notebook format. D. In addition, Southwest Events will provide complete financial statements, which includes a balance sheet and income statement of The Great Tractor Race. This must be submitted to the City 60 days following the event. Financial statements must be compiled by a certified public accountant. E. Southwest Events shall file a Temporary Use Permit application with the City of Temecula no later than 60 days preceding the first day of The Great Tractor Race. F. Once the Temporary Use Permit application has been submitted and the event agreement has been executed in final form, Southwest Events will receive city- support services at the time of the event. G. Southwest Events agrees that it will defend, indemnify and hold the City and its elected officials, officers, agents, and employees free and harmless from all claims for damage to persons or property by reason of Southwest Event's acts or omissions or those of Southwest Event's employees, officers, agents, or invites in connection with The Great Tractor Race to the maximum extent allowed by law. H. Southwest Events shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprebensive general liability and liquor liability in which the City and Redevelopment Agency is named insured or is named as an additional insured with Southwest Events and shall furnish a Certificate of Liability by the City. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall; 1. Include the City as the insured or named as an additional insured covering all claims arising out of, or in connection with, The Great Tractor Race. 2. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with The Great Tractor Race. 3. Provide the following minimum limits: (A) General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage with a $2,000,000 aggregate. (B) Liquor Liability: $2,000,000 combines single limit per occurrence for bodily injury personal injury and property damage. 4. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising l~om The Great Tractor Race. 5. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. 6. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retemion as respects the City, its officers, officials and employees or Southwest Events shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. I. Should any litigation be commenced between the parties hereto concerning the provisions of this Agreement, the prevailing party concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. J. The City of Temecula's sponsorship for The Great Tractor Race will be conditioned that Southwest Events obtain their nonprofit status prior to the event. In the event that Southwest Events is not able to obtain their nonprofit status firom the Internal Revenue Service, this contract is null and void. IN WITNESS WHEREOF, the parties hereto have caused this Agreemem to be executed the day and year first above written. DATED: SOUTHWESTEVENTS CITY OF TEMECULA BY: Dave Johnson, President Southwest Events 27860 Del Rio Road, Suite A Temecula, CA 92590 Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney THE GREAT TRACTOR RACE Attachment A Sponsorship Benefits As a Special Evem Sponsor of The Great Tractor Race, the City of Temecula will receive: · Sponsor will be listed in all advertising including flyers, newspapers ads, promotional materials and the event program. · Sponsor receives ten (10) admission tickets for Saturday and Sunday performances at The Great Tractor Race. · Sponsor will have the first right of refusal for the next year's event. ITEM 10 APP ROVALi'~,,~.'"~ CITY ATTORNEY FINANCE DIRECTO R._,~;~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council Herman D. Parker, Director of Community Servi(,~/ July 22, 2003 First Amendment to the Pool Maintenance Services Agreement PREPARED BY: Kevin T. Harrington, Maintenance Superintendent RECOMMENDATION: That the City Council: Approve the First Amendment with H20 Pool and Spa Services, which will exercise the City's option for a one-year extension of the Agreement. The Agreement will be extended through June 30, 2004. 2. Authorize the expenditure of funds in the amount of $ 26,700.00 to provide maintenance Services for the two pools at the Community Recreation Center and the one pool at Temecula Elementary School. 3. Approve a 10% contin9ency in the amount of $2,670.00. BACKGROUND: The Temecula Community Services Depadment (TCSD) released a Request for Proposal (RFP) for Swimming Pool Maintenance, Repair and Services on June 4, 2002. H20 Poop and Spa Services was determined to be the lowest qualified vendor for the required services. TCSD staff negotiated a reduced price with H20 for the first term of the contract, with the understanding that any contract extensions would be approved, if their performance was acceptable, at their original bid price. A ten-month agreement was awarded to H20 Pool and Spa Services effective August 1,2002 thru June 30, 2003 in the amount of $12,000.00. H20 has been successful in meeting the City standards. Therefore Staff recommends extending their service for an additional one-year term, and include in this contract the service for the pool at Temecula Elementary School, at a rate of $1,700.00 per month for both services, excluding expenditure for chemicals, repairs and contingencies. The base contract amount for extending swimming pool maintenance services for fiscal year 2003- 04 is $18,700.00. In addition an estimated $8,000.00 will be required for chemicals, repair and installation services. This increases the total contract amount, including contingency, to $41,370.00. R:\KANIGOWJ\Contract Amendment 20032004\H20Agenda Report FYO3-O4.doc FISCAL IMPACT: The amount of the contract with H20 Pool and Spa Services for swimming pool maintenance and services, including the 10% contingency for fiscal year 2003-04 is $29,370.00. Sufficient funds have been included in the Annual Operating Budget for fiscal year 2003-04 in accounts, 190-186- 999- 5250 ATTACHMENTS: Original Agreement Amendment No. 1 R:\KANIGOWJ\Contract Amendment 20032004\H20Agenda Report FY034)4.doc FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND H20 POOL AND SPA SERVICES THIS FIRST AMENDMENT is made and entered into as of July 22, 2003 by and between the City of Temecula, a municipal corporation ("City") and H20 Pool and Spa Services ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: t. This Amendment is made with respect to the following facts and purposes: A. On July 31, 2002 the City and H20 Pool and Spa Services entered into that certain agreement entitled "City of Temecula Agreement for Vendor Services CRC Pool Maintenance" ("Agreement"). B. The parties now desire to amend the Agreement as set forth in this Amendment. 2. TERM. The term of the Agreement is extended to June 30, 2004. PAYMENT. Exhibit B to the Agreement is hereby deleted from the Agreement and in its place a new Exhibit B is added to the Agreement as set forth on Attachment"B" to this Amendment. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Forty-one Thousand Three Hundred Seventy Dollars and No Cents ($41,370.00) for swimming pool service, inspection and repair for the term of the Agreement, unless additional payment is approved as provided in this Agreement. EXHIBIT A to the Agreement is hereby deleted from the Agreement and in its place a new Exhibit A is added to the Agreement as set forth on the Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. Except for the changes specifically set forth herein, all other terms and conditions of the original Agreement shall remain in full force and effect IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above wdtten. 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 Attomey CONTRACTOR: H20 Pool and Spa Services BY: NAME: TITLE: BY: NAME: TITLE: Attachment "A" EXHIBIT "A-I" CITY OF TEMECULA SWIMMING POOL MAINTENANCE AND REPAIR SPECIFICATIONS/SCOPE OF WORK Preventative maintenance duties described in this Scope of Work are to be performed on three pools at the following location: A. Two pools, at the Community Recreation Center, 30875 Rancho Vista Road. This facility has a large pool with water slide and a small wader pool. B. One poot at Temecula Elementary School, 41951Moraga Road. 2. The two pools at Community Recreation Center are to be serviced five (5) days a week (Monday through Friday), and the pool at Temecula Elementary School will be serviced three (3) days a week (Monday, Wednesday and Friday), each for an eleven (11 ) month period. The Vendor will invoice City, at the rate shown in the Pricing Sheet (Exhibit B), for only those months pool service is requested. Vendor will provide pool chemicals for Temecula Elementary School Pool. Vendor will provide a separate monthly invoice for chemicals. 3. Vendor's daily maintenance of pools will vary with public use. It is the Vendor's responsibility to schedule pool maintenance tasks on days and at times that will avoid disruption of customer/public use of the pool. At times, therefore, it may be necessary for Vendor to perform duties before pools open at 5 AM or on weekends. Vender should note that the pools are used, at times, seven days a week. Vendor's maintenance schedule will vary during the year as pool used varies. It will be the Vendors responsibility to meet with the pool manager, in order to schedule required maintenance. Daily service is to include the following for each pool: · Test water chemistry. Required tests shall include, but are not limited to: Free Available Chlorine, Combined Chlorine, Total Chlorine, PH Value, Total Alkalinity, Calcium Hardness, Cyanuric acid, Calcium Saturation Index (Target of 0) · Add all chemicals necessary to maintain the swimming pool water chemistry at the industry and Riverside County Environmental Health Department's standard for a public swimming pool · Calibrate chemical feeders · Monitor and maintain water level · Clean gutters and skimmers · Clean strainer baskets · Clean tile · Net poot for trash · Remove any trash from pool deck · Maintain pool equipment rooms in a safe, clean and organized condition at all times · Brush poolwalls · Complete "Water Quality Control Report" and "Strainer Cleaning Report" attached as Exhibit A-2 and Exhibit A- 3. Deliver completed reports to the Maintenance Supervisor at City Hall as directed · Complete daily log of work performed. Log in times maintenance staff was on site. Other maintenance items that are to be completed are as follows: · Grease pump motors every six months · Super Chlorinate pool(s) every six (6) months or as needed · Treat algae growth if any · Vacuum each pool two times per week 6. A daily schedule, showing service times and dates, shall be provided on a weekly or monthly basis. Schedule will be delivered to the Maintenance Supervisor at City Hall. 7. The City will provide all chemicals and equipment. It is the responsibility of the Vendor to notify the City when any equipment is faulty or in need of repair, or if the pool water chemistry is in a condition deemed hazardous to public health. The City, at its option, will use City staff, the Vendor or another contractor to perform repairs. Attachment "B" EXHIBIT B PAYMENT RATES AND SCHEDULE SWIMMING POOL MAINTENANCE AND REPAIR DESCRIPTION PRICE PER YEARLY NUMBER PRICE PER MONTH OF MONTHS YEAR Community Recreation Center, Two (2) Pools-Wader and Large Pool $1,062.50 11 $1 t ,687.50 with water slide. Service five (5) days a week-Monday through Friday Temecula Elementary School' $7,012.50 One pool serviced Three (3) days a 11 week-Monday, Wednesday & Fdday. $637.50 Estimated costs for pool chemicals, repairs and installation services. These services will be performed as 12 $8,000.00 requested by the City, based on rates shown in "Alternate Bid Items" below. ALTERNATE BID ITEMS-For small emergency repairs or extra work authorized by City. City has the option to use any vendor or contractor to make repairs. MARK-UP ADDED TO VENDOR'S WHOLESALE PRICE OF PARTS & EQUIPMENT 20% HOURLY RATE PER REGUALR MAN HOUR-8am To 5pm $50.00 Monday through Friday HOURLY RATE PER OVERTIME MAN HOUR-After-hours, $75.00 Weekends, Holidays, etc. ClTY OFTEMECULA AGREEMENT FOR VENDOR SERVICES CRC POOL MAINTENANCE. THIS AGREEMENT, is made and effective as of July 31,2002, between the City of Temecula, a municipal corporation ("City") and H20 Pool and Spa Service, ("Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on August 1, 2002, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2003, unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the option to extend the contract(s) under the same terms and conditions for a maximum of two (2) additional one-year terms per the attached pricing schedule in "Exhibit B". 2. SERVICES. Vendor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Vendor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Vendor shall at all times faithfully, competently and to. the best o.f:his or he';; ability, experience, and talent, perform all tasks described herein. Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar §ervices as are required of Vendor hereunder in meeting its obligations under this ,Agreement. ~ 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labo~' 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 Temecula. Vendor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Vendor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Vendor shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Vendor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Twenty-five Thousand Dollars and No Cents ($25,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Vendor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Vendor shall be compensated for any additional services in the amounts and in the manner as agreed to by City ! R:~KANIGOWJXCoatractor agreeraent'~H20 Agreement 2002.doc Manager and Vendor at the time City's written authorization is given to Vendor for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement or $25,000.00, but in no event shall the total sum of the agreement (basic agreement amount and contingency amount) exceed twenty -five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Vendor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fe.es. If the City disputes any of Vendor's fees it shall give written notice to Vendor within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUS;~ a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Vendor at least ten (10) days prior written notice. Upon receipt of said notice, the Vendor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Vendor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pumuant to this Section, the Vendor will submit an invoice to the City pursuant to Section 4. 7. DEFAULT OF VENDOR. a. The Vendor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Vendor is in default for cause under the terms of this Agreement, City shall have no obligation or duty t6 continue compensating Vendor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Vendor. If such failure by the Vendor to make progress in the performance of work hereunder arises out of causes beyond the Vendor's control, and without fault or negligence of the Vendor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Vendor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Vendor with written notice of the default. The Vendor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Vendor fails t° cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Vendor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Vendor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Vendor shall provide free access to the representatives of City or its designees at R:~e-J~ NIGO WJXCo n tractor agreemenfiH20 Agreement 2002.doc reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work,' surveys, notes, and other documents prepared in the coUrse of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Vendor. With respect to computer files containing data generated for the work, Vendor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Vendor shall not be liable for any injuries or property damage resulting from the rouse of the design at a location other than that specified in Exhibit A without the wdtten consent of the Vendor. 9. INDEMNIFICATION. The Vendor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Vendor's negligent or wrongful acts or omissions adsing out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Vendor shall procure and maintain for the duration of the contract insurance against claims for injudes to persons or damages to property which may adse from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form. No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code I (any auto). If the Vendor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Vendor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Vendor shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Vendor's profession. b. Minimum Limits of Insurance. Vendor shall maintain limits no less than: '3 R:~CANlGOW.~Contract~r agr~emenflH20 Agreement 2002.doc (1) (2) General Liability: $1,000,000 .per occurrence for bodily injury, personal injury and property damage. If Commemial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability.' $1,000,000 per accident for bodily injury and property damage; (3). Worker's Compensation as required by the State of Califomia; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability - policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Vendor; products and completed operations of the Vendor;, premises owned, occupied or used by the - Vendor; or automobiles owned, leased, hired or borrowed by the Vendor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Vendor's insUrance · coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Ahy insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Vendor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Vendor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, retum receipt requested, has been given to the City. 4 R:kKAN [OOWJkContractor agl-e~menfiI{20 Agr~ment 2002.doc e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Covera.qe. Vendor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on · forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Vendor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Vendor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Vendor shall at all times be under Vendor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Vendor or any of Vendor's officers, employees, or agents except as set forth in this Agreement. Vendor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Vendor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Vendor in connection with the performance of this Agreement. Except for the fees paid to Vendor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Vendor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Vendor for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Vendor shall keep itself informed of all local, State and Federal ordinances, laws and ragulafions which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Vendor in perfOrmance of this Agreement shall be considered confidential and shall not be released by Vendor without City's prior written authorization. Vendor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information conceming the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Vendor gives City notice of such court order or subpoena. b. Vendor shall promptly notify City should Vendor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obli- gation, to represent Vendor and/or be present at any deposition, hearing or similar proceeding. Vendor agrees to cooperate fully with City and to provide City with the opportunity to review any R:kKANIGOWJXContractor agreement~I20 Agreement 2002.doc response to discovery requests provided by Vendor. However, Ci~s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: PoO. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Vendor: H20 Pool & Spa Service 31652 Railroad CanyOn Road Canyon Lake, CA 92587 15. ASSIGNMENT. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Vendor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Vendor. 16. LICENSES. At all times dudng the term of this Agreement, Vendor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Vendor understand and agree that the laws of the State of California shall govern the dghts, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have' any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 6 R:W-,.ANlGOWJ~Coamtctor agr~ment~H20 Agre~rnent 2002.d~c 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into thls Agreement and shall be of no further fome or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each partes own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Vendor warrants and represents that he or she has the authorffy to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of its obligations hereunder. IIII IIII 7 R:~M~rIGOWJ~Conttaetor agreement~-I20 Agreement 2002.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. crrY OF TEMECULA Sha~vn D. Nelson, City Manager Attest: Approved As to Form: VENDOR H20 Pool & Spa Service By: i~ ' '- ,--- Title: By: Name: Title: (Signatures of two corporate officers required for Corporations) 8 'R:W-dd'~IGOWJ~Coa~tactor agreemeut~H20 Agreement 2002.doc EXHIBIT "A-I" CITY OF TEMECULA SWIMMING POOL MAINTENANCE AND REPAIR SPECIFICATIONS/SCOPE OF WORK Preventative maintenance duties described in this Scope of Work are to be performed on two pools at the following location: A. Two pools, at the Community Recreation Center, 30875 Rancho Vista Road. This facility has a large pool with water slide and a small wader pool. The two pools at Community Recreation Center aro to be serviced seven days a week, for a ten (10) month period. The Vendor will invoice City, at the rate shown in the Pdcing Sheet (Exhibit B), for only those months pool service is requested. Vendor's daily maintenance of pools will vary with public use. It is the Vendor's responsibility to schedule pool maintenance tasks on days and at times that will avoid disruption of customer/public use of the pool. At times, therefore, it may be necessary for Vendor to perform duties before pools open at 5 AM or on weekends. Vender should note that the pools ara used, at times, seven days a week. Vendor's maintenance schedule will vary during the year as pool used varies. It will be the Vendors responsibility to meet with the pool manager, in order to schedule required maintenance. Daily service is to include the following for each pool: ,, Test water chemistry. Required tests shall Include, but are not limited to: Free Available Chlorine, Combined Chlorine, Total Chlorine, PH Value, Total Alkalinity, Calcium Hardness, Cynanuric acid, Calcium Saturation Index (Target of 0) · Add all chemicals necessary to maintain the swimming pool water chemistry at the industry and Riverside County Environmental Health Department's standard for a public swimming pool · Calibrate chemical feeders · Monitor and maintain water level ' · Clean gutters and skimmers · Clean strainer baskets · Clean tile · Net pool for trash · Remove any trash from pool deck · Maintain pool equipment rooms in a safe, clean and organized condition at all times · Brush pool walls · Complete "Water Quality Control Report" and "Strainer Cleaning Report" attached as Exhibit A-2 and Exhibit A-3. Deliver completed reports to the Ma ntenance Supervisor at C!ty Hall as directed · Complete daily log of work pedormed. Log in times maintenance staff was on site. Other maintenance items that are to be completed are as follows: · Grease pump motors every six months · Super Chlorinate pool(s) every six (6) months or as needed · Treat algae growth if any · Vacuum each pool two times per week A daily schedule, showing service times and dates, shall be provided on a weekly or monthly basis. Schedule will be delivered to the Maintenance Supervisor at City Hall. The City will provide all chemicals and equipment. It is the responsibility of the Vendor to notify the City when any equipment is faulty or in need of repair, or if the pool water chemistry is !n a condition deemed hazardous to public health. The City, at its option, will use City staff, the Vendor or another contractor to perform repairs. 9 R:W. ANIGOW.IXContractor a~reeraenfiFI20 A/reement 2002.doc EXHIBIT "B" PAYMENT RATES AND SCHEDULE SWIMMING POOL MAINTENANCE AND REPAIR DESCRIPTION PRICE PER YEARLY NUMBER PRICE PER community Recreation Center, MONTH OF MONTHS YEAR Two (2) Pools-Wader and Large Pool with water slide August l, 2002 until June 30, 2003 $1,200.00 or $300 10 $12,00.00 Per Week City has option to extend service after June 30, 2003 for two (2) additional $1,700 11 $18,700.00 one-year terms at the following rate ALTERNATE BID ITEMS-For small emergency repairs or extra work authorized by City. City has the option to use any vendor or contractor to make repairs. MARK-UP ADDED TO VENDOR'S WHOLESALE PRICE OF PARTS & EQUIPMENT 20% HOURLY RATE PER REGUALR MAN HOUR-Sam To 5pm $50.00 Monday through Friday HOURLY RATE PER OVERTIME MAN HOUR-After-hours, $75.00 Weekends, Holidays, etc. :ACORD. CERTIFICA' E OF LIABILITY INSU( 'ANCE I PRODU~.ER (909)674-0675 FAX (909)674-2375 R. David Bnlen Znsurance P.O. Box 115 Lake Elstnore, CA 92581-Ol15 Kr~$ty Cratne INSURED 30a & Terry Pierce DBA: H20 Pool & Spa Supp]y 91652 Ra~rond Canyon Rd Canyon Lake, CA 92587 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER~ Environmental & Casualty Zns. ]NSURERB: I~ercury Casualty Company tNSURERC: Zenith [nsurnnce Company INSURER [~ INSURER E: COVERAGES THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ' ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAy SE I~SUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I$ SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. GENERAL UA~IUT'( :GL565572-01 08/02/2002 08/02/2003 EACH OCCURRF.~CE $ 1,000,000 ICU~USMADE F~-]OCCUR Mm~X~(~V~ne~) $ 1,oo0 A -- PERSONAL & ADV INJURY S 1,000~000 GENERN. AGGREGATE $ 2,000,000 {~cJ~"L AGGREGATE MMIT APPLIES PEPc PRODUCTS - COMP~P AGG $ 2,000,000 AUTOMOBILE LIABIUTY 3INDER' 08/22/2002 08/22/2008 COMSlNED SINGLE LiMrT $ ANY ^UTO (Ea acddent) 1,OOO,OO0 B ~ $ $ ~.,~¢o~'aon~ :o4?5899o2 08/~4/2002 08/14/2008 I*g~?~.,~l I'~ C CERTIFICATE HOLDER ] I ADDmONALINSURED; INSURER LETTER m CANCELLATION City of Temecula 43200 Bus,ness Park Or~ve Temecula, CA 92590 CITY OF TEMECULA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: Shawn D. Nelson, City Manager Jerzy Kanlgowski, Facility Maintenance Coordinator July29, 2002 H20 Pool and Spa Service The Agreement with H20 Pool and Spa Service is required to provide swimming pool maintenance services for two pools at the Community Recreation Center, 30875 Rancho Vista Road. The term of this agreement shall commence on July 29,2002 and terminate June 30, 2003 in the amount of $ 25,000.00 Could you please sign both attached agreements and return to me at your convenience. If you require any further information please let me know. ThankYou. Approved by: Shawn D. Nelson, City Manager 7/29/02 CONTRACT CHECK LIST VENDOR NAME H20 Pool & Spa S~rvice $25,000.00 AMOUNT OF CONTRACT/AMENDMENT STAFF REPORT (OVER $25,000) MEMO TO CITY MANAGER (UNDER $25,000) 7/29/2002 MEMO/AGREEMENT REVIEWED BY SUPERVISOR AGREEMENT REVIEWED BY CITY ATTORNEY 7/30/2002 ? SIGNED AGREEMENT 8/19/2002 Liability 8/1/03 INSURANCE CERTIFICATES (per contract requirements) Auto 8/22/03 Workers 8/14/03 PURCHASE ORDER REQUISITION NO. PURCHASE ORDER NO. R:~Ca, NIGOWJ~FORMS~-I20 Pool & Spa Service2003.doc ITEM 11 TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City ManagedCity Council APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER /~/~illiam G. Hughes, Director of Public Works/City Engineer July 22, 2003 Quitclaim of Sewer Pipeline Easement PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE QUITCLAIM OF A SIXTY FOOT (60') WIDE UTILITY EASEMENT FOR SEWER PIPELINE PURPOSES TO RAINBOW CANYON DEVELOPMENT, LLC (SOUTHEAST CORNER OF STATE ROUTE 79 SOUTH AND PECHANGA PARKWAY) Authorize the City Clerk to forward the executed quitclaim deed to First American Title Company for recordation. BACKGROUND: In November 2001, eminent domain proceedings affecting several parcels at Pechanga Parkway (formerly Pala Road) and State Route 79 South were concluded between Rainbow Canyon Development, LLC (formerly Pala Rainbow, LLC) and the City of Temecula. The City received certain conveyances of real property, which included right-of-way area for the widening and realignment of Pechanga Parkway, habitat mitigation area along Temecula Creek, and a 60' wide public sewer pipeline easement. The sewer pipeline easement affects the parcel located at the southeast corner of Pechanga Parkway and State Route 79 South. Pursuant to this process, the City was prepared to transfer the aforementioned sewer pipeline easement to Eastern Municipal Water District (EMWD). However, EMWD determined that the existing easement was larger than what they needed to support and maintain their facilities. The easement was replaced with a 30' wide sewer pipeline easement conveyed by Rainbow Canyon Development, LLC directly to EMWD on February 15, 2002, per Instrument No. 083922, a copy of which is attached for your review. This document represents a revised 30' wide EMWD maintenance corridor that is centered along an existing 24" sewer pipeline. R:\agdrpt\2003\0722\QuitclaimSewerEsmt. RainbowCnynDev As a result, the City of Temecula no longer has a need for the original easement and staff recommends that the City Council authorize the quitclaim of the 60' wide sewer easement back to Rainbow Canyon Development, LLC. FISCAL IMPACT: There is no fiscal impact to the City through the quitclaim of this easement to Rainbow Canyon Development, LLC. ATTACHMENTS: Resolution No. 03- Easement Quitclaim Deed to Rainbow Canyon Development Recorded Grant of Easement to EMWD R;\agd rpt~003\0722\Quitclaim SewerEsmt. RainbowCnyn Dev RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE QUITCLAIM OF A SIXTY FOOT (60') WIDE UTILITY EASEMENT FOR SEWER PIPELINE PURPOSES TO RAINBOW CANYON DEVELOPMENT, LLC (SOUTHEAST CORNER OF STATE ROUTE 79 SOUTH AND PECHANGA PARKWAY) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: a. The City of Temecula and Rainbow Canyon Development, LLC (formerly Pala Rainbow, LLC) were parties to the Final Order of Condemnation recorded on November 14, 2001, per Instrument No. 561440, which is incorporated herein by this reference, to, among other things, convey real property interests described below; and b. A 60' wide sewer pipeline easement was conveyed to the City of Temecula pursuant to the above referenced Final Order of Condemnation; and c. The 60' wide sewer pipeline easement has been replaced by a 30' wide sewer pipeline easement conveyed by Rainbow Canyon Development, LLC directly to Eastern Municipal Water District on February 15, 2002, per Instrument No. 083922; and c. The City of Temecula no longer has a need for the 60' wide sewer pipeline easement and desires to quitclaim said interest in real property back to Rainbow Canyon Development, LLC; and d. Rainbow Canyon Development, LLC has agreed to accept a quitclaim of the 60' wide public sewer pipeline easement. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby approves a quitclaim of the 60' wide sewer pipeline easement identified within the Final Order of Condemnation to Rainbow Canyon Development, LLC. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22nd day of July 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC, City Clerk R:\agdrpt\2003\0722\Quitclaim SewerE smt. RainbowCnynDev (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Janes, CMC, City Clerk of the City of Temecuta, California, do hereby certify that Resolution No. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22"'~ day of July 2003 by the following vote: AYES: 0 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:\agdrpt\2003\0722\QuitclaimSewer Es mt. RainbowCnynDev WItEN RECORDED MAIL TO: City Clerk's Department City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 Recording Fee: Exempt pursuant to Government Code Section 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE EASEMENT QUITCLAIM DEED (Sewer Pipeline Easement) This EASEMENT QUITCLAIM DEED is entered into and effective as of July 22, 2003 from the CITY OF TEMECULA, a municipal corporation, hereinafter referred to as "Grantor" to Rainbow Canyon Development, LLC, a Delaware limited liability company, (formerly Pala Rainbow, LLC), hereinafter referred to as "Grantee." RECITALS WHEREAS, Grantor and Grantee were parties to the Final Order of Condemnation recorded on November 14,2001, per Instrument No. 561440, which is incorporated herein by this reference, to, among other things, convey real property interests described below; and WHEREAS, the 60' wide sewer pipeline easement conveyed to the Grantor pursuant to the above referenced Final Order of Condemnation has been replaced by a 30' wide sewer pipeline easement conveyed by the Grantee to Eastern Municipal Water District, a municipal water district, on February 15, 2002, per Instrument No. 083922; and WHEREAS, the Grantor no longer has a need for the 60' wide sewer pipeline easement for public purposes and desires to quitclaim said interest in real property in the City of Temecula, Cotmty of Riverside, State of California, hereinafter referred to as "the Property", to the Grantee, which is described more particularly as follows: BEING PORTIONS OF THE TEMECULA RANCHO, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFONRIA, WHICH RANCHO WAS PATENTED TO LUIS VIGNES BY PATENT RECORDED IN BOOK 1, PAGE 37 OF PATENTS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ALSO BEING A PORTION OF PARCEL 43 AS DESCRIBED 1N DEED TO KACOR REALTY, INC. RECORDED SEPTEMBER 29, 1977, AS INSTRUMENT NO. 192314 ON F1LE IN THE OFFICE OF THE COUNTY RECORDER OF SAID RIVERSIDE COUNTY, DESCRiBED AS FOLLOWS: A 60.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF STATE HIGHWAY 79 SOUTH AND PALA ROAD AS DESCRiBED IN DEED TO THE COUNTY OF RiVERSIDE RECORDED MAY 16, 1990 AS INSTRUMENT NO. 180581; THENCE LEAVING SAID CENTERLINE OF STATE HIGHWAY 79, SOUTHERLY ALONG SAID CENTERLINE OF PALA ROAD, SOUTH 09°06"13" EAST, 82.53 FEET TO THE BEGINNING OF A TANGENT CURVE (RADIUS 1000.00 FEET) CONCAVE EASTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10044' 12", A DISTANCE OF 187.39 FEET; SAID POINT BEING THE CENTERLINE INTERSECTION OF PALA ROAD AND CUPE*O LANE AS DESCRIBED IN SAID INSTRUMENT 180581; THENCE SOUTHWESTERLY ALONG THE CENTERLINE OF CUPENO LANE, SOUTH 70°09'35"WEST, 109.83 FEET, SAID POINT BEING ALSO THE POINT OF TERMINUS. THE SOUTHERLY SIDELINE AND EASTERLY SIDELINE OF SAID STPdP OF LAND SHALL BE PROLONGED TO INTERSECT. EXCEPTING THEREFROM THAT PORTION THEREOF WITHIN STATE HIGHWAY 79; CONTAINING 18210.11 SQUARE FEET OR 0.418 ACRES MORE OR LESS. WHEREAS, Grantee desired to acquired certain rights in the property. NOW, THEREFORE, it is agreed as follows: For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby REMISES, RELEASES AND QUITCLAIMS to Grantee all of Grantor's right, title and interest in the Property described above, located in the City of Temecula, County of Riverside, State of California and depicted on the map attached hereto as Exhibit "A' which is incorporated by herein by this reference. The caption page of referenced Final Order of Condemnation is attached hereto as Exhibit "B." 1N WITNESS WHEREOF, Grantor has caused this Quitclaim Deed to be executed as of July 22, 2003. Dated: STATE OF CALIFORNIA COUNTY OF RIVERSIDE } SS. CITY OF TEMECULA On before me, personally appeared 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. Signature (This area for official notarial seal.) Jeffrey E. Stone, Mayor Susan W. Jones, CMC, City Clerk Approved As To Form Peter M. Thorson, City Attorney EXHIBIT "A" PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: EXHIBIT "B" DOC # 2001--561440 tt/t4/2e01 08:00R Fee:NC Page t o¢ 38 Recorded in Official Records Courtly of Riverside Gary L. Oree Rssessor, Ceun[y Clerk & Recorder II IIII Ill I Ill Ill III Illl SPACE ABOVE FOR RECORDER'S USE ONLY 33tie of Document RECORD[R $ om,'Y THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) ~ R.eque~l By and ~hen Kecorded Ketum to: ~ Municipal Wat~ Dis~ct ?.O, Box 8300 Pexxis, CA 925724300 Don Simpsca, Right-of-Way Department This Document Must Be Signed in ~ & Notarize. F.R.A. 013-004 APN: 961-010-004 W.O. 99-653 RB-4257 originnl. ' . . .. .i GARY L. oaSO ' '/ No Recording Fee Required Pu~'usnt to Government Co~ Seetiou 27383 GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged: " RAINBOW CANYON DEVELOPMENT, LLC, a Delaware limited liability company (hereinaqter referred to ss "GRANTOR") does bereby grant to EASTERN MUNICIPAL WATER DISTRICT, a municipal · "GRANTEE") a perpetual non-exclusive easemen! and right water district, its successors and sssig~s Oaerein~fter referred to as of way to construch enlarge, reconstruct, remove and replace, operate, inspect, maintain; repair, ~lprove and relocate, sewage · · · · ' ' pipelines, manholes, connections tmusmisfion and collection facilities, including, but not hm~tad to, gravity pipelines, pressure and appurtenant equipmmt for the collection and tnmsmission of sewage, in, on, over', under, upon, along, through and across the property hereinafter described, together with reasonable right of access to and fiom said easement for purposes of. exercising the rights granted in said easement Said essem~lt Shall be in, under, over, and across that certain property situated in the County of Riversifle,'Stata of Caiifomin, described as follows: (SEE EXHIBITS "A' A_ND 'B" ATTACHED HERETO AND MADE A PART HEREOF) The foregoing easement shall include: (a) The tempovaxy use of such adjacent land of Grantor as is necessm-y to install the facilities provided for under the term of the easement granted herein; and (b) The fight to enter upon and pass and repass over and a~ong said strip or strips of land, and to deposit tools, implemellts and other materials thereon by Grantee, its officers, agents and employees, and by persons under contract to construct said pipeline or pipelines, and 'their employees, whenever and wherever necessary for the purpose of exercising the rights heroin granted. C-rantor retains the fight to the use of the land descnbed hereto except ss to any use in derogation of the easement co,tailed herein, and specifically agrees that no trees shall be planted'thereon and no builaings or other structures of any kind will be · · Any work by Grantor, or any one worldng through placed, Consm~ted, Or maintained over the real property described hereto, easement shall.be performed only after giving or x~nder Grantor, aifect~ the slu'~ace or subsurface of the ground subject to this setting forth the proposed changes in written notice by certified mail postage paid, addressed to Grantee at Grantee's office detail. Such notice is to be given to the Grantee at least thirty (30) business days prior to commencement of such work and is subject to approval by Grantee. Notwithstanding the foregoing, the surface of the ground with respect to the distance fiavm - the ground stufa~ to the.top of any pipes, ss of the date of this easement, shall not be.changed by any party other than Cn-ant~e, ff it results in: "Culling or removing the soll which leaves less than forty-eight (48)inches of soil over the top of the pipe; and "Hanlln~" in of soil or "filling" which ~ leave more than twelve (12) feet of soil over the top of a~y pipe. understood that the permanent easements and the fights of way above described shall be acquired subject to the rights of Grantor, C~antofs successors, heirs and assigM, to use the surface of the real property w~thiu the boundaries of such emeuts end fights of way. It is understood that any use of the surface rights by Grantor, and Curators successors, heirs [ assigns, shall be deemed a continuing permissive use allowed by Grantee, its successors, halts and assigns, mad each -' -' 1crest of the Grantor, by acceptance of a conveyance .of s~d prop .e~, ?r m. ter.es!,there~m~ ~essor tn u~ . · · .... J --'--~ '~'at encl~ ann every ngnt ann pnvuege uc~uy r~, /such use is a continuing penmssrve use. n m unaer~tuuu u~ of Easement shall not be construed as a enable. Notwithsta~&ng the foregoing, it is understood and agreed that this Grant .ant of Fee Tire. rantee, its successors and assigns, shall restore, or cause to be 'restored, the surface or subsurface of the real property :rehlaboYe described to the condition said property was in as of the time of performance of any enlargement, ennsma~tion, :construction, removal and replacement, operatio~ inspection, maintenance, repair, improvement and relocation, and such :storation shall be performed with due diligence and dispatch.' 'z dayof ° 31 WITNESS WHEREOF, this instrument has been executed the _ ORANTOR(S): RAINBOW CANYON DEVELOPMENT, LLC, a Delaware limited liability company ~/ Lar:y Markham DATE: DATE: BY: CERTIFICATE OF ACCEPTANCE . This is to certify that the interest in real property conveyed by Grant of Easement dated January 22. 2002 .from: · ' liability company RAINBOW CANYON DEVELOPMENT, LLC, a Delaware hm~ted accepted by the undersigned to the EASTERN MUNICIPAL WATER DISTRICT, a municipal water district, is hereby officer or agent on behalf of the Board of Dkectors pursuant to authority conferred by Resolu~on No, 80 of th~ Board of DirectOrS adopted on Janua~y 14, 195~, and the C.~mtee consents ~o the recordation thereof by i~ duly authorized officer or agent EASTERN MUNICIPAL WATER DISTRICT Mary C. '~te, Secreutry of the Eastern Municipal Water District and the Board of Directors thereof (SEAL) CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of Catifomia ~ ~ ~ ss. county of _ IV lrSI - ~sonatly known to me ~ proved to me on the basis of satisfacto~ evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowtedged to me that he/she/they executed the same in his/hefitheir authorized capacity(ies),, and that by. his/her/their '~ ~ ;.~ signature(s) on the instrument the person(s), or the entity upon behatf of which the person(s) {~ ~ co~ e ~2 ~ acted, executed the instrument. ~NOTARY PUBLiC~A~RNiA ~ ~ CO~.~p. JAN. 12,200~I WITNESS my h . · OPTIONAL- - Though the information below is not required by lew, it may prove valuable to persona relying on the document and could prevent fraudulent removal and reattachme~f of this form to another document. Description of Attached Document ~}~/,j~3J/. Titte or Type of Document: · . Number of Pages: ~"/ Document Date: .- Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Indivklual [] CorporateOfflcer--Titte(s): -- · [~ Partner --[~ Limited [] G.eneral [] Attorney in Fact [] Trustee [] Guardian m: Conservator [] Other: Signer s Representing: EXHIBIT '~A" EASTERN MUNICIPAL WATER DISTRICT SEWER EASEMENT W.O. 99-653 APN: 961.010004 ' GRANTEE: ~ RAINBOW cANYON DEVELOPMENT, LLC A 30.00 foot wide easement being a portion of the Temecula Rancho, in the County of Riverside, State of California, said Rancho being patented to Luis Vignes by patent recorded n Book 1 page 37 of Patents, in the Office of the county Recorder of San Diego County, California, also being a portion of Parcel 43 as described in Deed to Kacor Realty, Inc. recorded September 29, 1977, as Instrument No. 192314 on file in the Office of the County Recorder of said Riverside County, said easement being more particularly described as follows: cOMMENCING at the centefiine intersection of State Highway 79 south, and Pala Road, as described in deed ' to the County of Riverside recorded May 16, 1990 as Instrument No. 180581; THENCE South 09'55'08" East, a distance of 71.01 feet to a point On the southerly fight of way line of said State Highway 79 South and the 3'RUE POINT OF BEGINNING; THENCE North 79'00'36" East along said southerly right of way line, a distance of 30.01 feet; THENCE leaving said southefiy right of way line, South 12~40'49" East, a distance of 235,35 feet; THENCE.SOUth 70'09'32" West, a distance of 133.23 feet; THENCE North 19'50'28" West, a distance of 30.00 feet; THENCE North 70'09'32" East, a distance of 108.77 feet; THENCE North 12'40'49" West, a distance of 209.77 feet to the TRUE POINT OF BEGINNtNG. Containing 0.24 acres mo~e or less. PREPARED UNDER MY sUPERViSION Data: STATE OF CALIFOR~IIA COUNTY OF_ . R±versiae On' Yebruar 14 2002 , beC.ore'me,_ D.3. Newton (Notary Public~ '. .... personalty appeared · ' .... "~ ~ ' ., 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 an,~!, ackn°w~edged to me that he/she/they executed the same in his/her/their authorized capacity0es), and that by his/her/their signature(s) on the instrument ~he . person[s) or the entity upon behall of which the pe{son!s) acted, executed the instrument. WITNESS .my hand and official seal. D.fl. D~ewton .Title of. Document No.. of Pages Date of Document_ January 22, 2002 - Other signatures not acknowledged ~ t, iarkham ~ includ~n~ th~m pm~ -- ITEM 12 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT APPROVAL J ~1,.~I~ ' CITY ATTORNEY ~ II DIRECTOR OF FINANCE~,~_~, II .City Manager/City Council ¢v~William G. Hughes, Director of Public Works/City Engineer July 22, 2003 Approval of the Pre-Qualified Contractors for the Old Town Community Theater Project, Project No. PW02-23 PREPARED BY: Greg Butler, Principal Engineer David McBdde, Senior Engineer RECOMMENDATION: That the City Council approve the following list of construction firms, as Pre-Qualified Contractors eligible to submit bids for the Old Town Community Theater Project: 2. 3. 4. 5. 6. 7. 8. 9. 2 H Construction, Inc., Long Beach, CA Dennis J. Amoroso Construction Company, Inc., Irvine, CA Edge Development, Inc., Temecula, CA ProWest PCM, Inc., Temecula, CA SOPAC, Inc. dba Soltek Pacific, San Diego, CA Swinerton Builders, San Diego, CA Taylor Frager, Inc., Temecula, CA Tovey / Shultz Construction Company, Lake Elsinore CA W.D. Gott Construction Company, Upland, CA BACKGROUND: The Old Town Community Theater Project will provide seating for over 300 people with an orchestra pit, scene shop, loading dock, storage, dressing rooms, offices, classrooms, and dance studio/rehearsal room. In addition, the project will provide refurbishment of the existing Mercantile Building, site walkways and hardscape improvements, a concession and restroom structure, site landscaping, and a 22-space parking lot. Because of the size and complexity of the project it requires contractors that have recent proven experience in the construction of large- scale performing arts facilities. On April 22, 2003, City Council authorize the Department of Public Works to solicit and pre-qualifl7 contractors to perform the work required for the Community Theater. On April 23, 2003 the City invited contractors to submit the Request for Qualifications (RFQ-003), with a final filing date of May 21,2003. Ten (10) contractors responded to the RFQ for which nine (9) have been pre-qualified as outlined in the recommendation. The tenth contractor was automatically disqualified for failing to submit a notarized statement from their surety company indicating that they had sufficient bonding capacity to undertake the project. Staff is in the process of obtaining permits from the regulatory agencies for the project. Once that is completed the Public Works Department will request that the City Council approve the plans and specifications and authorize the solicitation of bids from the qualified contractors. I 20030722 PW02-23 prequalify. DOC FISCAL IMPACT: The Old Town Community Theater Project is a Capital Improvement Project funded through the Redevelopment Agency and donations by the Theater Foundation. ATTACHMENT: 1. Project Location 2. Project Description 2 ,I ITEM 13 APPROVAL ~ OTVA ORNEY II DIRECTOR OF FINANCE_~i~_~ II CITYMANAGER ~ I CITY OF TEMECULA AGENDA REPORT TO: City ManagedCity Council FROM: /~Nilliam G. Hughes, Director of Public Works/City Engineer DATE: July 22, 2003 SUBJECT: Completion and Acceptance for the Mercantile Building Seismic Retrofit Project, Project No. PW01-20 PREPARED BY: Greg Butler, Principal Engineer Ward Maxwell, Associate Engineer RECOMMENDATION: That the City Council: 1. Accept the project "Memantile Seismic Retrofit, Project No. PW01-20", as complete; and File a Notice of Completion, release the performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; and Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: on August 13, 2002, the City Council awarded the contract to 2H Construction, Inc. for an amount of $332,467.00. The project included a contingency amount of $49,870.05. On February 11, 2003, the City Council allocated additional funds in the amount of $80,400.00, for a total revised contract amount of $462,737.05. The project provided a seismic upgrade to the existing Mercantile Building in Old Town Temecula. The work included demolishing an existing two (2)-storywood frame addition on the north side of the building, construction of new cast-in-place concrete grade beams and pad footings, installation of a braced frame structural support system, new roof system, re-grout the entire exterior wythe of the un-reinforced masonry walls. The Contractor has completed the work within the allotted contract time, and in accordance with the approved plans, specifications and contract change orders, and to the satisfaction of the City Engineer. The construction retention for this project will be released on or about 35 days after the Notice of Completion has been recorded. 1 R:~AGENDA REPORTS~003\072203'~PW01-20.ACCC.DOC/ FISCAL IMPACT: The Mercantile Building Seismic Retrofit Project is a Capital Improvement Project funded through the Redevelopment Agency with RDA Bond Proceeds. These funds have been appropriated in Account No. 210-190-183-5804. The original contract amount for this project was $382,337.05. Final quantity adjustments and five contract change orders brought the final cost of the project to $427,831.00. A'I-FACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit 2 R:~AGENDA REPORTS~003\072203\PW01-20.ACCC.DOC/ RECORDING RECIUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. Nature of Interest Vendee Under Contract. 92590. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, Califomia 3. A Contract was awarded by the City of Temecula to 2 H Construction Inc., 4101 Long Beach Blvd., Long Beach, CA 90807 to perform the following work of improvement: MERCANTILE SEISMIC RETROFIT PROJECT Project No. PW01-20 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on July 22, 2003. That upon said contract the United States Fidelity and Guaranty Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Mercantile Seismic Retrofit Project 6. The location of said property is: 4029 Main Street, Temecula, California Dated at Temecula, California, this 22nd day of July, 2003 City of Temecula Susan W. Jones CMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 22nd day of July, 2003. City of Temecula Susan W. Jones CMC, City Clerk 3UM.25.200B ~:2BAM E~EC~TED I~ ~O CO~XITBRPt~TS BOND NO.: SP8453 H0.649 P.2 Cit'%" OF TEMECUD%, PUBLIC WORKS DEPARTMENT, MAINTENANCE BOND PROJECT NO. PWOf-20 OLD TOWN TEMECULA MERCANTILE BUILDING SEISMIC RETROFIT (COMMUNITY THEATER) KNOW ALL PERSONS BY' THESE PRESENT THAT: 2H Construction, Inc. 4101 Long Beach Boulevard, Long Beach, CA 90807 NAME AND ADDRESS CONTRACTOR'S a Corporation (ffi! in wt;$~er a Co~pora~on, Pe~l~ip m' ln~JMciual) , hereinafter called Principal, and United States Fidelity and Guaranty Company, 5801 Smith Avenue, Baltimore, MD 21209 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of FORTY ~'~O THOUSAND SE~N Hr.y~DI~ED EIGHTY T HP~EE DOLLARS and TEN CENTS ($ 42,783.10 ) in lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, Jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 13th day of AuFust , 2002, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW01- 20, OLD TOWN TEMECULA MERCANTILE BUILDING - SEISMIC RETROFIT (COMMUNITY THEATER). WHEEEAS, said Contract provides that the Principal will furnish a bond conditioned to guarar~tee for the pedod of on._.~e (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said pedod; and WHEREAS, the said Contyact has been completed, and was the final estimate approved on July 27 , 2002, 3 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year hem the date of approval of the final estimate on said job pursuant to the contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and tho carryir~g out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in. successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. I~INTENANCE GONC ~,1 RSCIp~p P. OJECTS~PW01~A/01-20CS D 'Frleater~mN0120bkl~ ce.dot The Surety hereby stlpulate~ and agrees that no change, extension of time, alteration, or addition to the terms of the Contract. or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bend; and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 2nd day of July , P-002. 3 (Seal) United States Fidelity and Guar~l~ ~~ SURETY/ _. By: ~ JO,HN D. HUN' (Nsme) Attorney-Il ('r~e) APPROVED AS TO FORM: Peter M. Thor*~on, City Attorney 2H ~onstruction, Inc. SEAN R. HITCHCOCK (N ~a~tSTDENT (Title) (Name) ~Ele) MAINTENANCE BOND M~ R~IP~ROJEOTS~PW01~/01-20C8D The~teN~0120bkl~:s.dot CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On July 2, 2003 before me, Donna M. Green, Notary Public, Ipersonally appeared JOHN D. HUNSINGER, [] personally known to me -OR- [] proved to me on the basis of satisfactory evidence to be the person~[ whose name~)0_ is/~re subscribed to the within instrument and acknowledged to me that he./sh~q~y executed the same in his/l~Oda~ ~'~ ~;~N~ ~.'~-E~q~ [-. authorized capacity(~), and that by his/hor/tSe~ signature~) on the n'[.~q COMM. #1345158 ~ instrument the person~0, or the entity upon behalf of which the person~ 0. l~ ~l~h~-~l NOTARY PUBLIC' CALIFORNIA ~ acted, executed the instrument. LOB ANGELES COUNTY ..~ WITNESS my hand and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could preven~b fi'audulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED D~gCUMENT [] P, XTN R(S) [] LmlT [] ^TrORNEY-IN-F^ET [] aXUSTmS) OTHER: SIGNER IS 1LEP_~SENT1NG: NAME OF ON(S) OR ENTITY(IES) ,I StRlul Surety Bond No. SP8453 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the "Act"). No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is o.oo. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwrilers, Inc. 23244 Power of Attorney No. Certificate No. ~-744B20 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine insurance Company, SL Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the S~ate of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and tha~ Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under thc laws of the State of Wisconsin (herein collectively called the "Companies'9, and that thc Companies do hereby make, constitute and appoinl John D. Htmsinger, Maw Smith, Steve L. Brockmeyer and Ronald C. Wanglia Pasadena California of the City of State , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 8t~ April 2003 IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this day of Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company SI. Paul Mercury Insurance Company State of Maryland City of Baltimore United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. THOMAS E. HUiBREGTSE, Assistant Secretary 8ta April 2003, before me, the undersigned officer, personally appeared Peter W. Carman and On this day of Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the eom. orate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 1st day of July, 2006. REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2002 Printed in U.S.A, 09 03 OZ:~Op Capi=al Pro~ee~s (909} 693-39~9 p. 1 CiTY OF TEMECULA. PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW01-20 OLD TOWN TEMECULA MERCANTILE BUILDING SEISMIC RETROFIT (COMMUNITY THEATER) This is to certify that 2H CONSTRUCTION. INC (hereinafter the 'CONTRACTOR') declares ,~ to the City of Temecula. under oath. that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of . the CONTP,,ACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, cons~'uctlon, or repair of that certain work of imprevement known as PROJECT NO. PW0t-20, OLD TOWN TEMECULA MERCANTILE BUILDING - SEISMIC RETROFIT (COMMUNITY THEATER). situated in the City of Temecula, State of Cafifomia, more particularty described .... ' GLO TO~/N TEMECULA MERCA~NTILE BUILDING SEISMIC RETROFIT (COMMUNITY THEATER) ~~' The CONTRACTOR declares that if. knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further. in connection with the flna~ payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute RE~'~N CONSTRUCTION STOP NOT[CE ~-~. Pursuant to Public Contracts Code §7200, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CON f~c~CTOR by reason of payment by the City of Temecula of any contrac~ amount which the CONTRACTOR has not disputed above. · ~ Dated: ~/14/2003 By: CONTRACTOR / ' Si~,~ture~ CYNTHIA L. GONZALEZ~ CONTROLLER PH.[ Nmme and T~e REtF.,AS~ R~CIP~:~OJECTS~mN01~=W01.20C$O Ti,4~t~PW012Obktdo~.do~ ITEM 14 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City ManagedCity Council FROM: ~J/Ij~/(.William G. Hughes, Director of Public Works/City Engineer DATE: July 22, 2003 SUBJECT: French Valley Parkway/l-15 Overcrossing & Interchange, Project #PW02-11 Acquisition Agreement between the City of Temecula and Joseph C. Harold Trust and Charles R. Hebard Trust PREPARED BY: .~. mer Attar, Principal Engineer ~______~Marilyn Adarbeh, Property Agent RECOMMENDATION: That the City Council: Approve and authorize the City Manager to execute in substantially the form attached hereto, the PURCHASE AND SALE AGREEMENT BETWEEEN CITY OF TEMECULA AND JOSEPH C. HEROLD AND CHARLES R. HEBARD, for the acquisition of certain real property in the amount of $1,286,768.00 plus the associated escrow fees. 2. Direct the City Clerk to record the document 3. Adopt a Resolution entitled: RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 2728'1 BACKGROUND: On March 18, 2003, the City Council approved the updated Appraisal Report and authorized the City Engineer and the City's agent, the County of Riverside, to make offers and negotiate the acquisition of certain real properties required for the construction of the French Valley Parkway/1-15 Overcrossing and Interchange, Project No. PW02-11. On April 30, 2003, the City delivered to Joseph C. Harold and Charles R. Hebard an offer to purchase the 2.11-Acre real property interests described in the Agreement. Those negotiations have concluded as set forth herein. The attached Purchase and Sale Agreement describe the details for the acquisition of the real property interests necessary to construct the imprev.ements for the future French Valley Parkway Overcrossing and Interchange/ Interstate 15. The purchase amount, $1,286,768.00, is the same amount the City Council authorized for this purchase. 1 R:\agdrpt~003\0610\PW02-11 automall Agree Additionally, Government Code section 27281 permits governmental agencies to authorize one or more of its officers or agents to accept and consent to acceptance for recordation any interest in real estate. This authorization given to the Public Works Department, by resolution of the City Council, will expedite the processing of the real estate transactions. After this purchase was negotiated it was determined that additional property will be necessary. City Council has provided direction to staff to begin separate negotiations for the additional area. FISCAL IMPACT: The French Valley Parkway Interchange Project is funded through Capital Project Reserves. The funds for the land acquisition have been budgeted in the Capital Improvement Program, Fiscal Years 2003-2007. Adequate funds are available in Account No. 210-165-726-5700 for the total acquisition cost of $1,286,768.00 plus the associated escrow fees. ATrACHMENTS: 2. 3. 4. Project Location Project Description Purchase and Sale Agreement Resolution No. 2003- 2 R:~agdrpt~003\0610\PW02-11 automall Agree RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVES AS FOLLOWS: WHEREAS, Government Code Section 27281 permits any political corporation or governmental agency to authorize one or more of its officers to accept and consent to acceptance for recordation any interest in real property; WHEREAS, the City Council finds that authorizing the Director of Public Works to accept deeds or grants conveying any interest in, or easement upon, real estate will speed up the processing of real estate transactions; WHEREAS, the City Council desires to authorize the Director of Public Works to accept deeds or grants conveying any interest in, or easement upon, real estate; NOW, THEREFORE BE IT RESOLVED; The Director of Public Works is hereby authorized to accept deeds or grants conveying any interest in, or easement upon, real estate for the City Council of the City of Temecula. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 22nd day of July 2003 by the following vote: Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC, City Clerk 3 R:~agdrpt~2003\0610\PW02-11 autornall Agree STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2003- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this 22nd day of July 2003 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 4 R:~agdrpt~003\0610\PW02~11 automall Agree 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PROJECT: FRENCH VALLEY PARKWAY / INTERSTATE 15 OVERCROSSING AND INTERCHANGE CITY OF TEMECULA PROPERTY: 5 APN: PORTION OF 910-262-001 AND 910-262-002 AGREEMENT OF PURCHASEAND SALE THIS AGREEMENT is entered into by and between the CITY OF TEMECULA ("Buyer") and JOSEPH C. HEROLD, TRUSTEE OF THE JOSEPH C. HEROLD REVOCABLE TRUST DATED NOVEMBER 17, 1999 AND CHARLES R. HEBARD, TRUSTEE OF THE CHARLES R. HEBARD SEPARATE PROPERTY REVOCABLE TRUST DATED APRIL 11, 1991 ("Seller"). RECITALS A. Seller owns certain real property located in the City of Temecula, Riverside County, California, bearing Assessor Parcel Nos. 910-262-001 and 910-262- 002, more particularly described in Exhibit "B" attached hereto and made a part hereof (the "Larger Parcel"). B. Buyer desires to purchase a fee interest in a portion of Assessor's Parcel Numbers 910-262-001 and 910-262-002, shown on Exhibit "A' attached hereto and made a part hereof (the "Property") and Seller desires to sell the Property. C. The parties desire by this Agreement to provide the terms and conditions for the purchase and sale of the Property. AGREEMENT The parties therefore agree as follows: 1. PURCHASE. Buyer agrees to buy and Seller agrees to sell and convey the Property for the purchase price and upon the terms and conditions hereinafter set forth. 2. ESCROW. Upon execution of this Agreement by all parties, the parties shall open an escrow (the "Escrow") with a reputable escrow company (the "Escrow Holder"), for the purpose of consummating the purchase and sale of the Seller's interest in the Property as described herein. The parties hereto shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder as may be required to consummate the transaction contemplated by this Agreement. Any such instructions shall not conflict with, amend, or supersede any provisions of this Agreement. If there is Page 1 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 any inconsistency between such instructions and this Agreement, this Agreement shall control unless the parties expressly agree in writing otherwise. The Escrow Instructions shall include the following terms and conditions of sale: 2.1 Purchase Price. The total purchase price for the Property shall be the sum of One Million Two Hundred Eighty Six Thousand Seven Hundred Sixty Eight Dollars ($1,286,768). The purchase price shall be paid by Buyer to Seller in cash at the Close of Escrow. Buyer shall deposit prior to Close of Escrow the funds required to be deposited by it in order to allow the Escrow to close. 2.2 Close of Escrow. Escrow shall close on or before one hundred twenty (120) days following the execution of this Agreement (the "Close of Escrow"). If Escrow is not in a condition to close by the Close of Escrow, and the failure to-close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then Buyer may, at its option, request the cancellation of the Escrow and the return of any funds it has deposited into Escrow. Thereupon, all obligations and liabilities of the parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. 2.3 Condition of Title to Property. Seller shall cause the conveyance of his interests in the Property to Buyer as evidenced by a CLTA Standard Form Policy or Binder of Title Insurance ("Title Policy") issued by a reputable title company (the "Title Company") in an amount equal to the purchase price. The Title Policy shall show as exceptions with respect to the Property only matters approved in writing by Buyer. Notwithstanding the foregoing, any exceptions to title representing monetary liens or encumbrances are hereby disapproved by Buyer, and Escrow Holder is hereby authorized and instructed to cause the reconveyance, partial reconveyance, or subordination, as the case may be, of any such monetary exceptions to Buyer's title to the Property at or prior to the Close of Escrow. 2.4 Escrow and Closin.q Costs. A. Because of Buyer's status as a public agency, no documentary transfer tax will be payable with respect to this conveyance, pursuant to California Revenue and Taxation Code Section 11922. Similarly, no recording fees will be payable with respect to the recording of the Grant Deed, pursuant to Government Code Section 27383. Buyer shall pay the cost of the Title Policy, the Escrow fees, and all other costs and expenses incurred herein. B. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall Page 2 of 8 1 § 6 ? 8 9 10 11 15 16 17 18 19 ~0 ~5 Z6 S? ~8 assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. 2.5 Deposit of Funds and Documents. A. Prior to Close of Escrow, Buyer shall deposit into Escrow (i) all Escrow and Closing Costs as described above; (ii) the purchase price to be paid to Seller through Escrow; (iii) such other documentation as is necessary to close Escrow. B. Prior to the Close of Escrow, Seller shall deposit into Escrow (i) the properly executed Grant Deed for conveyance of Seller's interests in the Property to Buyer; and (ii) such other documents and sums, if any, as are necessary to close Escrow in conformance herewith. 2.6 Buyer's Conditions Precedent to Close of Escrow. The Close of Escrow is subject to the following conditions: A. All representations and warranties of Seller set forth in this Agreement shall be true and correct as of the date of the Close of Escrow; and B. Seller shall timely perform all obligations required by the terms of this Agreement to be performed by them. 2.7 Seller's Conditions Precedent to Close of Escrow. For the benefit of Seller, the Close of Escrow shall be conditioned upon the timely performance by Buyer of all obligations required by the terms of this Agreement. 3. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller makes the following representations and warranties with respect to the Property, each of which shall survive Close of Escrow: A. The execution and delivery of this Agreement by Seller, Seller's performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Seller is at present a party or by which Seller is bound; B. To Seller's knowledge, no litigation and no govern-mental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Property is pending, proposed or threatened; C. Seller will not enter into any agreements or undertake any new obligations prior to Close of Escrow which will in any way burden, encumber or otherwise affect his interests in the Property without the prior written consent of Buyer; Page 3 of 8 1 2 $ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. Seller has and shall have paid, before Close of Escrow, his pro rata share of all taxes and assessments levied and assessed against the Larger Parcel. If not paid prior to Close of Escrow, Seller hereby authorizes Escrow Holder to disburse to the taxing authority, from funds otherwise due to Seller, an amount sufficient to satisfy his pro rata share of said taxes and/or assessments; and E. Seller is aware of his obligation under California Health and Safety Code Section 25359.7 to disclose any knowledge which they may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, rules and regulations) upon or under the Property. Seller warrants and represents to Buyer that Seller is not aware that any such Hazardous Substances have been generated, stored or disposed of upon or under the Larger Parcel. 4. ACKNOWLEDGMENT OF FULL BENEFITS AND RELEASE. A. By execution of his Agreement, Seller, on behalf of himself/herself, his/her heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for damages, relocation assistance benefits, interest, loss of goodwill, severance damages, claims for inverse condemnation or unreasonable pre-condemnation conduct, or any other compensation or benefits other than as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. C. Seller hereby acknowledges that Seller either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil Code section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Page 4 of 8 1 2 3 § 6 ? 8 9 10 11 12 15 14 18 16 17 18 19 2O 21 24 2§ 26 28 Seller acknowledges that Seller may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which they may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. D. Seller hereby agrees and consents to the dismissal of any condemnation action which has been or may be commenced by Buyer in the Superior Court of Riverside County to condemn said land, and waives any and all claim to money that has been or may be deposited in court in such case or to damages by reason of the filing of such action. This acknowledgment and release shall survive the Close of Escrow. 5. REMEDIES. If Seller defaults under this Agreement, then Buyer may, at Buyer's option, terminate the Escrow or initiate an action for specific performance of this Agreement, in addition to pursuing any other rights or remedies that Buyer may have at law or in equity. If Buyer defaults under this Agreement, then Seller may, at Seller's option, terminate the Escrow or pursue any rights or remedies that Seller may have at law or in equity. 6. MISCELLANEOUS. A. Notice. Any notice to be given or other document or documents to be delivered to either party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: Seller: Joseph C. Herold and Charles R. Hebard 1550 Auto Park Way N Escondido, California 92029 Buyer: City of Temecula 43200 Business Park Drive P. O. Box 9033 Temecula, California 92589-9033 Any notice or other document sent by registered or certified mail as aforesaid shall be deemed to have been effectively served or delivered at the expiration of twenty-four (24) hours following the deposit of said notice or other document in the United States mail. Page 5 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 B. Time of Essence. Time is of the essence with respect to each and every provision hereof. C. Assi.qnment. Neither this Agreement, nor any interest herein, shall be assignable by any party without prior written consent of the other parties. D. Governing Law. All questions with respect to this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. E. Inurement. Subject to the restrictions against assignment as herein contained, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs and legatees of each of the parties hereto. F. Attorney Fees. In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney fees and costs. G. Entire A.qreement. This Agreement contains the entire Agreement of the parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein. H. Additional Documents. All parties hereto agree to execute any and ail additional documents and instruments necessary to carry out the terms of this Agreement. I. No Merger. All warranties, representations, acknowledgments, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the Grant Deed. J. Authority to Execute on Behalf of Buyer. Shawn Nelson represents to Seller that he is the City Manager of the City of Temecula and that he is authorized by Buyer to execute this Agreement on its behalf. K. Ratification. This Agreement is subject to approval and ratification by the City of Temecula. L. Counterparts. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. Page 6 of 8 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. RIGHT OF POSSESSION. "It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this agreement, the right of possession and use of the subject property by Buyer, including the right to remove and dispose of improvements, shall commence upon execution of this document by the Executive Director of the City of Temecula or the close of escrow controlling this transaction, whichever occurs first, and that amount shown in Clause 2.1 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date." III III III Page 7 of 8 4 5 6 ,-/ 8 9 10 11 14 15 16 17 18 19 20 21 24 JS:sh 4/29/0~ 5 8.287 EXECUTED on the date or dates set forth below. effective as of the date signed by all parties. DATED: ~ SELLER: (To be filled in,~ief Executive) JOSEPH C. HEROLD REVOCABLE TRUST DATED NOVEMBER 17, 1999 This Agreement shall be CHARLES R. HEBARD SEPARATE PROPERTY REVOCABLE TRUST DATED APRIL 11, 1991 CHARLES R. HEBARD, Trustee RECOMMENDED FOR APPROVAL: Real Property Agent BUYER: CITY OF TEMECULA By: SHAWN NELSON, City Manager ATTEST: By: SUSAN W. JONES, CMC, City Clerk APPROVEBiJAS TO FORM: PETr. R THORSON, City Attorney Page 8 of 8 EXHIBIT "A" LEGAL DESCRIPTION LOT 110 OF THE TEMECULA LAND AND WATER COMPANY AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 359 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA: EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE SOUTHEASTERLY LINE OF STATE HIGHWAY NO. 395; ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL MAP 23561~2, AS SHOWN BY MAP ON FILE IN BOOK 168 PAGES 71 THROUGH 73 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF MURRIETA BY DOCUMENT RECORDED FEBRUARY 1, 1994 AS INSTRUMENT NO. 42137 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 910-262-001 AND 910-262-002 dz 1 5 6 ? 8 9 10 11 12 15 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROJECT: FRENCH VALLEY PARKWAY / INTERSTATE 15 OVERCROSSING AND INTERCHANGE CITY OF TEMECULA PROPERTY: 5 APN: PORTION OF 910-262-001 AND 910-262-002 AGREEMENT OF PURCHASEAND SALE THIS AGREEMENT is entered into by and between the CITY OF TEMECULA ("Buyer") and JOSEPH C. HEROLD, TRUSTEE OF THE JOSEPH C. HEROLD REVOCABLE TRUST DATED NOVEMBER 17, 1999 AND CHARLES R. HEBARD, TRUSTEE OF THE CHARLES R. HEBARD SEPARATE PROPERTY REVOCABLE TRUST DATED APRIL 11, 1991 ("Seller"). RECITALS A. Seller owns certain real property located in the City of Temecula, Riverside County, California, bearing Assessor Parcel Nos. 910-262-001 and 910-262- 002, more particularly described in Exhibit "B" attached hereto and made a part hereof (the "Larger Parcel"). B. Buyer desires to purchase a fee interest in a portion of Assessor's Parcel Numbers 910-262-001 and 910-262-002, shown on Exhibit "A" attached hereto and made a part hereof (the "Property") and Seller desires to sell the Property. C. The parties desire by this Agreement to provide the terms and conditions for the purchase and sale of the Property. AGREEMENT The parties therefore agree as follows: 1. PURCHASE. Buyer agrees to buy and Seller agrees to sell and convey the Property for the purchase price and upon the terms and conditions hereinafter set forth. 2. ESCROW. Upon execution of this Agreement by all parties, the parties shall open an escrow (the "Escrow") with a reputable escrow company (the "Escrow Holder"), for the purpose of consummating the pumhase and sale of the Seller's interest in the Property as described herein. The parties hereto shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder as may be required to consummate the transaction contemplated by this Agreement. Any such instructions shall not conflict with, amend, or supersede any provisions of this Agreement. If there is Page 1 of 8 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 any inconsistency between such instructions and this Agreement, this Agreement shall control unless the parties expressly agree in writing otherwise. The Escrow Instructions shall include the following terms and conditions of sale: 2.1 Purchase Price. The total purchase price for the Property shall be the sum of One Million Two Hundred Eighty Six Thousand Seven Hundred Sixty Eight Dollars ($1,286,768). The purchase price shall be paid by Buyer to Seller in cash at the Close of Escrow. Buyer shall deposit prior to Close of Escrow the funds required to be deposited by it in order to allow the Escrow to close. 2.2 Close of Escrow. Escrow shall close on or before one hundred twenty (120) days following the execution of this Agreement (the "Close of Escrow"). If Escrow is not in a condition to close by the Close of Escrow, and the failure to.close is due to unforeseen conditions of title or interest of third parties in the Property that bannot be resolved in Escrow, then Buyer may, at its option, request the cancellation of the Escrow and the return of any funds it has deposited into Escrow. Thereupon, all obligations and liabilities of the parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. 2.3 Condition of Title to Property. Seller shall cause the conveyance of his interests in the Property to Buyer as evidenced by a CLTA Standard Form Policy or Binder of Title Insurance ('q'itle Policy") issued by a reputable title company (the "Title Company") in an amount equal to the purchase price. The Title Policy shall show as exceptions with respect to the Property only matters approved in writing by Buyer. Notwithstanding the foregoing, any exceptions to title representing monetary liens or encumbrances are hereby disapproved by Buyer, and Escrow Holder is hereby authorized and instructed to cause the reconveyance, partial reconveyance, or subordination, as the case may be, of any such monetary exceptions to Buyer's title to the Property at or prior to the Close of Escrow. 2.4 Escrow and Closin,q Costs. A. Because of Buyer's status as a public agency, no documentary transfer tax will be payable with respect to this conveyance, pursuant to California Revenue and Taxation Code Section 11922. Similarly, no recording fees will be payable with respect to the recording of the Grant Deed, pursuant to Government Code Section 27383. Buyer shall pay the cost of the Title Policy, the Escrow fees, and all other costs and expenses incurred herein. B. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall Page 2 of 8 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. 2.5 Deposit of Funds and Documents. A. Prior to Close of Escrow, Buyer shall deposit into Escrow (i) all Escrow and Closing Costs as described above; (ii) the purchase price to be paid to Seller through Escrow; (iii) such other documentation as is necessary to close Escrow. B. Prior to the Close of Escrow, Seller shall deposit into Escrow (i) the properly executed Grant Deed for conveyance of Seller's interests in the Property to Buyer; and (ii) such other documents and sums, if any, as are necessary to close Escrow in conformance herewith. 2.6 Buyer's Conditions Precedent to Close of Escrow. The Close of Escrow is subject to the following conditions: A. All representations and warranties of Seller set forth in this Agreement shall be true and correct as of the date of the Close of Escrow; and B· Seller shall timely perform all obligations required by the terms of this Agreement to be performed by them. 2.7 Seller's Conditions Precedent to Close of Escrow· For the benefit of Seller, the Close of Escrow shall be conditioned upon the timely performance by Buyer of all obligations required by the terms of this Agreement. 3. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller makes the following representations and warranties with respect to the Property, each of which shall survive Close of Escrow: A. The execution and delivery of this Agreement by Seller, Seller's performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Seller is at present a party or by which Seller is bound; B. To Seller's knowledge, no litigation and no govern-mental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Property is pending, proposed or threatened; C. Seller will not enter into any agreements or undertake any new obligations prior to Close of Escrow which will in any way burden, encumber or otherwise affect his interests in the Property without the prior written consent of Buyer; Page 3 of 8 $ 4 5 6 '7 8 11 17 D. Seller has and shall have paid, before Close of Escrow, his pm rata share of all taxes and assessments levied and assessed against the Larger Parcel. If not paid prior to Close of Escrow, Seller hereby authorizes Escrow Holder to disburse to the taxing authority, from funds otherwise due to Seller, an amount sufficient to satisfy his pro rata share of said taxes and/or assessments; and E. Seller is aware of his obligation under California Health and Safety Code Section 25359.7 to disclose any knowledge which they may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, rules and regulations) upon or under the Property. Seller warrants and represents to Buyer that Seller is not aware that any such Hazardous Substances have been generated, stored or disposed of upon or under the Larger Parcel. 4. ACKNOWLEDGMENT OF FULL BENEFITS AND RELEASE. A. By execution of his Agreement, Seller, on behalf of himself/herself, his/her heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for damages, relocation assistance benefits, interest, loss of goodwill, severance damages, claims for inverse condemnation or unreasonable pre-condemnation conduct, or any other compensation or benefits other than as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known of unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. C. Seller hereby acknowledges that Seller either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil Code section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Page 4 of 8 1 $ 4 5 6 ? 8 9 10 11 12 15 14 15 16 17 19 20 24 25 26 27 28 Seller acknowledges that Seller may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which they may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. D. Seller hereby agrees and consents to the dismissal of any condemnation action which has been or may be commenced by Buyer in the Superior Court of Riverside County to condemn said land, and waives any and all claim to money that has been or may be deposited in court in such case or to damages by reason of the filing of such action. This acknowledgment and release shall survive the Close of Escrow. 5. REMEDIES. If Seller defaults under this Agreement, then Buyer may, at Buyer's option, terminate the Escrow or initiate an action for specific performance of this Agreement, in addition to pursuing any other rights or remedies that Buyer may have at law or in equity. If Buyer defaults under this Agreement, then Seller may, at Seller's option, terminate the Escrow or pursue any rights or remedies that Seller may have at law or in equity. 6. MISCELLANEOUS. A. Notice. Any notice to be given or other document or documents to be delivered to either party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: Seller: Joseph C. Herold and Charles R. Hebard 1550 Auto Park Way N Escondido, California 92029 Buyer: City of Temecula 43200 Business Park Drive P. O. Box 9033 Temecula, California 92589-9033 Any notice or other document sent by registered or certified mail as aforesaid shall be deemed to have been effectively served or delivered at the expiration of twenty-four (24) hours following the deposit of said notice or other document in the United States mail. Page 5 of 8 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Time of Essence. Time is of the essence with respect to each and every provision hereof~. C. Assi.qnment. Neither this Agreement, nor any interest herein, shall be assignable by any party without prior written consent of the other parties. D. Governin.q Law. All questions with respect to this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. E. Inurement. Subject to the restrictions against assignment as herein contained, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs and legatees of each of the parties hereto. F. Attorney Fees. In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney fees and costs. G. Entire A.qreement. This Agreement contains the entire Agreement of the parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein. H. Additional Documents. All parties hereto agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement. I. No Mer,qer. All warranties, representations, acknowledgments, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the Grant Deed. J. Authority to Execute on Behalf of Buyer. Shawn Nelson represents to Seller that he is the City Manager of the City of Temecula and that he is authorized by Buyer to execute this Agreement on its behalf. K. Ratification. This Agreement is subject to approval and ratification by the City of Temecula. L. Counterparts. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. Page 6 of 8 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. RIGHT OF POSSESSION. "It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this agreement, the right of possession and use of the subject property by Buyer, including the right to remove and dispose of improvements, shall commence upon execution of this document by the Executive Director of the City of Temecula or the close of escrow controlling this transaction, whichever occurs first, and that amount shown in Clause 2.1 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date." III III III Page 7 of 8 1 p. 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 jS:Sh 24 4/29/0~ 5 8.287 26 2? 28 EXECUTED on the date or dates set forth below. effective as of the date signed by ail parties. DATED: /~flY ,~ ~ SELLER: (To be filled in by Chief Executive) This Agreement shall be JOSEPH C. HEROLD REVOCABLE TRUST DATED NOVEMBER 17, 1999 'H C. HEROLD, Trustee CHARLES R. HEBARD SEPARATE PROPERTY REVOCABLE TRUST DATED APRIL 11, 1991 CHARLES R. HEBARD, Trustee RECOMMENDED FOR APPROVAL: Real Property Agent BUYER: CITY OF TEMECULA By: SHAWN NELSON, City Manager A'CrEST: By: SUSAN W. JONES, CMC, City Clerk APPROVED AS TO FOP, M: PETER THORSON, City Attorney Page 8 of 8 EXHIBIT "A" LEGAL DESCRIPTION LOT 110 OF THE TEMECULA LAND AND WATER COMPANY AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 359 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA: EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE SOUTHEASTERLY LINE OF STATE HIGHWAY NO. 395; ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL MAP 23561-2, AS SHOWN BY MAP ON FILE IN BOOK 168 PAGES 71 THROUGH 73 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF MURRIETA BY DOCUMENT RECORDED FEBRUARY !, 1994 AS INSTRUMENT NO. 42137 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 910-262-001 AND 910-262-002 e/ .......... ~IF-r'FERSON-- - ~.--,AVENI~E---'- ' 'e 1 2 4 5 6 ? 8 9 10 11 12 15 14 15 16 17 18 19 2O 21 25 24 25 26 28 PROJECT: FRENCH VALLEY PARKWAY / INTERSTATE 15 OVERCROSSING AND INTERCHANGE CITY OF TEMECULA PROPERTY: 5 APN: PORTION OF 910-262-001 AND 910-262-002 AGREEMENT OF PURCHASEAND SALE THIS AGREEMENT is entered into by and between the CiTY OF TEMECULA ("Buyer") and JOSEPH C. HEROLD, TRUSTEE OF THE JOSEPH C. HEROLD REVOCABLE TRUST DATED NOVEMBER 17, 1999 AND CHARLES R. HEBARD, TRUSTEE OF THE CHARLES R. HEBARD SEPARATE PROPERTY REVOCABLE TRUST DATED APRIL 11, 1991 ("Seller"). RECITALS A. Seller owns certain real property located in the City of Temecula, Riverside County, California, bearing Assessor Pamel Nos. 910-262-001 and 910-262- 002, more particularly described in Exhibit "B" attached hereto and made a part hereof (the "Larger Parcel"). B. Buyer desires to purchase a fee interest in a portion of Assessor's Parcel Numbers 910-262-001 and 910-262-002, shown on Exhibit "A' attached hereto and made a part hereof (the "Property") and Seller desires to sell the Property. C. The parties desire by this Agreement to provide the terms and conditions for the purchase and sale of the Property. AGREEMENT The parties therefore agree as follows: 1. PURCHASE. Buyer agrees to buy and Seller agrees to sell and convey the Property for the purchase price and upon the terms and conditions hereinafter set forth. 2. ESCROW. Upon execution of this Agreement by all parties, the parties shall open an escrow (the "Escrow") with a reputable escrow company (the "Escrow Holder"), for the purpose of consummating the pumhase and sale of the Seller's interest in the Property as described herein. The parties hereto shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder as may be required to consummate the transaction contemplated by this Agreement. Any such instructions shall not conflict with, amend, or supersede any provisions of this Agreement. If there is Page 1 of 8 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 any inconsistency between such instructions and this Agreement, this Agreement shall control unless the parties expressly agree in writing otherwise. The Escrow Instructions shall include the following terms and conditions of sale: 2.1 Purchase Price. The total purchase price for the Property shall be the sum of One Million Two Hundred Eighty Six Thousand Seven Hundred Sixty Eight Dollars ($1,286,768). The purchase price shall be paid by Buyer to Seller in cash at the Close of Escrow. Buyer shall deposit prior to Close of Escrow the funds required to be deposited by it in order to allow the Escrow to close. 2.2 Close of Escrow. Escrow shall close on or before one hundred twenty (120) days following the execution of this Agreement (the "Close of Escrow"). If Escrow is not in a condition to close by the Close of Escrow, and the failure to-close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then Buyer may, at its option, request the cancellation of the Escrow and the return of any funds it has deposited into Escrow. Thereupon, all obligations and liabilities of the parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. 2.3 Condition of Title to Property. Seller shall cause the conveyance of his interests in the Property to Buyer as evidenced by a CLTA Standard Form Policy or Binder of Title Insurance ("Title Policy") issued by a reputable title company (the "Title Company") in an amount equal to the purchase price. The Title Policy shall show as exceptions with respect to the Property only matters approved in writing by Buyer. Notwithstanding the foregoing, any exceptions to title representing monetary liens or encumbrances are hereby disapproved by Buyer, and Escrow Holder is hereby authorized and instructed to cause the reconveyance, partial reconveyance, or subordination, as the case may be, of any such monetary exceptions to Buyer's title to the Property at or prior to the Close of Escrow. 2.4 Escrow and Closin.q Costs. A. Because of Buyer's status as a public agency, no documentary transfer tax will be payable with respect to this conveyance, pursuant to California Revenue and Taxation Code Section 11922. Similarly, no recording fees will be payable with respect to the recording of the Grant Deed, pursuant to Government Code Section 27383. Buyer shall pay the cost of the Title Policy, the Escrow fees, and all other costs and expenses incurred herein. B. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall Page 2 of 8 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. 2.5 Deposit of Funds and Documents. A. Prior to Close of Escrow, Buyer shall deposit into Escrow (i) all Escrow and Closing Costs as described above; (ii) the purchase price to be paid to Seller through Escrow; (iii) such other documentation as is necessary to close Escrow. B. Prior to the Close of Escrow, Seller shall deposit into Escrow (i) the properly executed Grant Deed for conveyance of Seller's interests in the Property to Buyer; and (ii) such other documents and sums, if any, as are necessary to close Escrow in conformance herewith. 2.6 Buyer's Conditions Precedent to Close of Escrow. The Close of Escrow is subject to the following conditions: A. All representations and warranties of Seller set forth in this Agreement shall be true and correct as of the date of the Close of Escrow; and B. Seller shall timely perform all obligations required by the terms of this Agreement to be performed by them. 2.7 Seller's Conditions Precedent to Close of Escrow. For the benefit of Seller, the Close of Escrow shall be conditioned upon the timely performance by Buyer of all obligations required by the terms of this Agreement. 3. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller makes the following representations and warranties with respect to the Property, each of which shall survive Close of Escrow: A. The execution and delivery of this Agreement by Seller, Seller's performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Seller is at present a party or by which Seller is bound; B. To Seller's knowledge, no litigation and no govern-mental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Property is pending, proposed or threatened; C. Seller will not enter into any agreements or undertake any new obligations prior to Close of Escrow which will in any way burden, encumber or otherwise affect his interests in the Property without the prior written consent of Buyer; Page 3 of 8 1 $ 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 2Z 24 25 26 27 28 D. Seller has and shall have paid, before Close of Escrow, his pm rata share of all taxes and assessments levied and assessed against the Larger Parcel. If not paid prior to Close of Escrow, Seller hereby authorizes Escrow Holder to disburse to the taxing authority, from funds otherwise due to Seller, an amount sufficient to satisfy his pre rata share of said taxes and/or assessments; and E. Seller is aware of his obligation under California Health and Safety Code Section 25359.7 to disclose any knowledge which they may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, rules and regulations) upon or under the Property. Seller warrants and represents to Buyer that Seller is not aware that any such Hazardous Substances have been generated, stored or disposed of upon or under the Larger Pamel. 4. ACKNOWLEDGMENT OF FULL BENEFITS AND RELEASE. A. By execution of his Agreement, Seller, on behalf of himself/herself, his/her heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for damages, relocation assistance benefits, interest, loss of goodwill, severance damages, claims for inverse condemnation or unreasonable pre-condemnation conduct, or any other compensation or benefits other than as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. C. Seller hereby acknowledges that Seller either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil Code section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known 'by him must have materially affected his settlement with the debtor." Page 4 of 8 1 2 3 4 § 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 Seller acknowledges that Seller may have sustained damage, loss, costs or expenses which are presently unknown and. unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which they may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. D. Seller hereby agrees and consents to the dismissal of any condemnation action which has been or may be commenced by Buyer in the Superior Court Of Riverside County to condemn said land, and waives any and all claim to money that has been or may be deposited in court in such case or to damages by reason of the filing of such action. This acknowledgment and release shall survive the Close of Escrow. 5. REMEDIES. If Seller defaults under this Agreement, then Buyer may, at Buyer's option, terminate the Escrow or initiate an action for specific performance of this Agreement, in addition to pursuing any other rights or remedies that Buyer may have at law or in equity. If Buyer defaults under this Agreement, then Seller may, at Seller's option, terminate the Escrow or pursue any rights or remedies that Seller may have at law or in equity. 6. MISCELLANEOUS. A. Notice. Any notice to be given or other document or documents to be delivered to either party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: Seller: Joseph C. Herold and Charles R. Hebard 1550 Auto Park Way N Escondido, California 92029 Buyer: City of Temecula 43200 Business Park Drive P. O. Box 9033 Temecula, California 92589-9033 Any notice or other document sent by registered or certified mail as aforesaid shall be deemed to have been effectively served or delivered at the expiration of twenty-four (24) hours following the deposit of said notice or other document in the United States mail. Page 5 of 8 1 2 3 4 5 6 ? 8 9 10 11 12 13 '14 15 16 17 18 19 2O 21 22 23 24 25 26 2~ 28 B. Time of Essence. Time is of the essence with respect to each and every provision hereof. C. Assi.qnment. Neither this Agreement, nor any interest herein, shall be assignable by any party without prior written consent of the other parties. D. Governin.q Law. All questions with respect to this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. E. Inurement. Subject to the restrictions against assignment as herein contained, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs and legatees of each of the parties hereto. F. Attorney Fees. In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney fees and costs. G. Entire A.qreement. This Agreement contains the entire Agreement of the parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein. H. Additional Documents. All parties hereto agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement. I. No Merger. All warranties, representations, acknowledgments, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the Grant Deed. J. Authority to Execute on Behalf of Buyer. Shawn Nelson represents to Seller that he is the City Manager of the City of Temecula and that he is authorized by Buyer to execute this Agreement on its behalf. K. Ratification. This Agreement is subject to approval and ratification by the City of Temecula. L. Counterparts. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. Page 6 of 8 1 2 4 5 7 8 9 10 11 14 15 ~.6 17 18 ~2 ~7 7. RIGHT OF POSSESSION. "It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this agreement, the right of possession and use of the subject property by Buyer, including the right to remove and dispose of improvements, shall commence upon execution of this document by the Executive Director of the City of Temecula or the close of escrow controlling this transaction, whichever occurs first, and that amount shown in Clause 2.1 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date." III III III Page 7 of 8 1 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 JS:sh 24 4/29/0~, 5 8.287 26 27 28 EXECUTED on the date or dates set forth below. effective as of the date signed by all parties. DATED: /Jf'~')' ,.~'~ ~-~ O3 SELLER: (To be filled in by Chief Executive) This Agreement shall be JOSEPH C. HEROLD REVOCABLE TRUST DATED NOVEMBER 17, 1999 CHARLES R. HEBARD SEPARATE PROPERTY REVOCABLE TRUST DATED APRIL 11, 1991 By: CHARLES R. HEBARD, Trustee RECOMMENDED FOR APPROVAL: Real Property Agent BUYER: CITY OF TEMECULA By: SHAWN NELSON, City Manager A'I-rEST: By: SUSAN W. JONES, CMC, City Clerk APPROv.'~ AS TO PORNI: PETER THORSON, City Attorney Page 8 of 8 EXHIBIT "A" LEGAL DESCRIPTION LOT 110 OF THE TEMECULA LAND AND WATER COMPANY AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 359 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA: EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE SOUTHEASTERLY LINE OF STATE HIGHWAY NO. 395; ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL MAP 23561-2, AS SHOWN BY MAP ON FILE IN BOOK 168 PAGES 71 THROUGH 73 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF MURRIETA BY DOCUMENT RECORDED FEBRUARY !, 1994 AS INSTRUMENT NO. 42137 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 910-262-001 AN D 910-262-002 '""e " Recorded at request of and return to: Department of Facilities Management Real Estate Division 3133 Mission Inn Avenue Riverside, California 92507-4199 FREE RECORDING This instrument is for the benefit of the County of Riverside, and is entitled to be recorded without fee. (Govt. Code 6103) (Space abo~ e this line reserved for Recorder's use) PROJECT: FRENCH VALLEY PARKWAY/ INTERSTATE 15 OVERCROSSING AND INTERCHANGE, CITY OF TEMECULA PROPERTY: 5 APN: PORTION OF 910-262-001 AND 910-262-002 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JOSEPH C. HEROLD, TRUSTEE OF THE JOSEPH C. HEROLD REVOCABLE TRUST DATED NOVEMBER17,1999 AND CHARLES R. HEBARD, TRUSTEE OF THE CHARLES R. HEBARD SEPARATE PROPERTY REVOCABLE TRUST DATED APRIL11,1991 GRANT(S) to the CITY OF TEMECULA, the real property in the County of Riverside, State of California, described as: See Exhibit "A" attached hereto and made a part hereof PROJECT: FRENCH VALLEY PARKWAY / INTERSTATE 15 OVERCROSSING AND INTERCHANGE, CITY OF TEMECULA PROPERTY: 5 APN: PORTION OF 910-262-001 AND 910-262-002 Dated: JOSEPH C. HEROLD REVOCABLE CHARLES R. HEBARD SEPARATE TRUST DATED NOVEMBER 17, 1999 PROPERTY REVOCABLE TRUST DATED APRIL 11, 1991 CHARLES R. HEBARD, Trustee STATE OF CALIFORNIA ~. COUNTY OF~ )ss On ~'~"/~, before me, ~ ~J'~/~J"/~/~. P~.~ a Notary PuJ31i_c in,and,,for ~eid C~gu~r)ty and State, personally appeared t, Yp£ h e_,. . .. ~'5~rscJna-a-a-a-a-a-a-a-~N kno/wn to me-".~or proved~o me on the basis of satisfactory evi(]ence) to De the person(~ whose narrpe~) ~are subscribed to the wi__~..thin instrument and acknowledged to me tha~'?.,~er/they executed the same in (~i..~er/their authorized capacity.0es"/, and that by i~.~/~er/their signature,s') on the instrument the person{~'), or the entity upon behalf of which the person~.~'"acted, executed the instrument. Commission # 1315708 zr Notary Public - California ~ San Dido Coun~ - Signature ~//~~ . CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within deed t(~ the CITY OF TEMECULA, is hereby accepted by order of the City of Temecula on the'date below and the grantee consents to the recordation thereof by its duly authorized officer. JS:sh 4/29/03 Date: By: ~ 8.287 EXHIBIT "A" LEGAL DESCRIPTION LOT 110 OF THE TEMECULA LAND AND WATER COMPANY AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 359 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA: EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE SOUTHEASTERLY LINE OF STATE HIGHWAY NO. 395; ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL MAP 23561-2, AS SHOWN BY MAP ON FILE IN BOOK 168 PAGES 71 THROUGH 73 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUN'FY, CALIFORNIA; ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF MURRIETA BY DOCUMENT RECORDED FEBRUARY 1, 1994 AS INSTRUMENT NO. 42137 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 910-262-001 AND 910-262-002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ,/~ On ~, personally appeared SS. before.me, ~,~ ~//~o~/~'~,,r~/ Name(s) of Signer(s) E~personally known to me [] proved to me on the basis of satisfactory evidence Commies[on # 1315708 ~z Notary Public - California ~ San Diego County ~ My Corem Expires Jut29, 2005 P;ace Notary Seal Above to be the person(sC whose name(,e)~ ~_,S/are subscribed to the withi, h.h~ instrument and acknowledged to me tha[~he/they executed the same in ~er/their authorized capacity.(J~, and that by ~er/their signature(s) on the instrument the person~, or the entity upon behalf of which the persoq,(,g~ acted, executed the instrument, WiTN?~an~mal '' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document~f~./~ Title or Type of Document: Document Date: /~ ,,~/m~) Number of Pages: '~"'"'" Signer(s) Other Than Named Above: Capacity(les) Claime[i,by Signer Signer's Name: ~,..~/"-/",~-~ ~, .~~ ~ Individual ' '' Top of thumb here ~ Corporate Officer--Title(s): ~ PaKner-- ~ Limited ~ General A ~orney in Fact Trustee ~ Guardian or Conse~ator ~ Other: Signer Is Representing: Im/~ ~ ~~ ~~ ITEM 15 APPROVAL Jr~i~""- CITY ATTORNEY DIRECTOR OF FINANCE' CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Herman Parker, Director of Community Service ~-? July 22, 2003 Arts Council of Temecula Valley Special Events Community Grant Agreement PREPARED BY: ~[~'Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the City Council: 1. Approve a Special Events Community Grant Agreement between the Cityof Temecula and the Arts Council of Temecula Valley in the amount of $41,500. 2. Appropriate $7,500 from General Fund Reserves to provide for the Riverside Philharmonic Orchestra's performance at the Spring Concert. DISCUSSION: The Arts Council of Temecula Valley (Arts Council) has been sponsoring Fall and Spring Concerts on the Green and an annual Arts in the Country Festival for several years. The City has participated with the Arts Council in partial funding of these events. Last year, the City Council provided $41,500 in funding in support of the Arts Council's community events. That amount included an additional $7,500 over pdor years to provide for the Riverside Philharmonic Orchestra's performance at the Spring Concert in May 2003. Funds provided by the City are used to pay for orchestras, advertising and promotion, printing, stage and lighting. The Arts Council would again like to offer all three events to the community and is requesting that the City participate in this effort by providing a community special events grant in an · amount of $41,500. FISCAL IMPACT: The cost to co-sponsor the Spdng and Fall Concerts on the Green and Arts in the Country Festival is $41,500. Funds in the amount of $34,000 are currently available in the Community Support Budget of the General Fund. The additional appropriation of $7,500 will again provide for the performance of the Riverside Philharmonic Orchestra at the Spdng Concert. R:\RUSEP~AGENDAS~2003-04 Arts Council Event Grant Agreement-CC,doc SPECIAL EVENTS COMMUNITY GRANT AGREEMENT BETVVEEN THE CITY OF TEMECULA AND THE ARTS COUNCIL OF TEMECULA VALLEY THIS AGREEMENT is made by and between the City of Temecula ("City"), a municipal corporation, and the Arts Council of Temecula Valley, a non-profit corporation, and is dated as of July 22, 2003. In consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. This Agreement is made with respect to the following facts and purposes, which each of the parties hereto acknowledge and agree to be true and correct: a. The Arts Council of Temecula Valley ("Arts Council") coordinates many programs for the cultural arts within the City of Temecula, which are not provided by the City's recreation and cultural arts program. b. The Arts Council warrants and represents to the City that it is a non-profit, tax exempt corporation under the tax laws of the United State and California, and agrees to continue in such status during the term of this Agreement. b. The City Council desires to award a special events community grant to the Arts Council in the amount of forty-one thousand five hundred dollars ($41,500) for the purpose of continuing and enhancing its cultural arts programs within the City of Temecula. The City Council hereby allocates $12,000 to co-sponsor the costs of providing the Spring Concert on the Green, $19,500 for the Fall Concert on the Green to be performed by the Riverside Philharmonic Orchestra or other performing group acceptable to the City, and $10,000 for the Arts in the Country Festival special events ("Events") to be presented by the Arts Council during fiscal year 2003-2004. c. This Agreement provides for the manner in which the grant will be paid to the Arts Council. 2. The City shall pay $41,500 to the Arts Council to promote and present the Events for the fiscal year ending June 30, 2004. Arts Council shall submit an invoice to the City prior to each event, which shall represent the City's sponsorship of each event as outlined in Section 1 .b. City shall pay the invoice or provide its written objections to it within thirty (30) working days following receipt by the City. 3. The term of this agreement shall be July 1, 2003 to June 30, 2004. 4. The City may at any time, for any breach of this Agreement, suspend or terminate this Agreement, or any portion hereof, by serving upon the Arts Council at least ten (10) days prior written notice. If the breach is corrected during this ten-day period, City may, in its sole and exclusive discretion, rescind the termination. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. Arts Council shall make available to the City its books, records and financial documents in such form as to allow City to verify Arts Council's compliance with the terms of this Agreement. R:\RUSEP\CONTRAC~2003-04 Arts Council Community Special Events Grant Agreement.doc 5. The Arts Council agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, and employees from and against any and ail claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Arts Council's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability attributable to the active negligence of the City. 6. Arts Council shall procure and maintain, or shall have provided on its behalf, for the duration of fiscal year 2003-2004 insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the activities of the Arts Council, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88, including a non-owned auto endorsement. (2) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Workers Compensation Insurance shall not be required if the Ads Council has no employees. b. Minimum Limits of Insurance. Arts Council shall maintain limits on the policies described in Subsection a. of no less than the following amounts unless otherwise approved by the City Manager: (1) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. (2) Workers' Compensation as required by the State; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. d. Other Insurance Provisions. The general liability policies shall contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Arts Council; premises owned, occupied or used by the Arts Council; or automobiles owned, leased, hired or borrowed by the Arts Council. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this Agreement, the Arts Council's insurance coverage shall be primary insurance as respects the City, its officers, R:\RUSEP\CONTRACT~2003-04 Arts Council Community Special Events Grant Agreement.doc officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Arts Council's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Arts Council's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested, has been given to the City. e. " . Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. H . . Arts Council shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Arts Council's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 7. Arts Council is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Arts Council shall at all times be under Arts Council's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Arts Council or any of Arts Council's officers, employees or agents, except as set forth in this Agreement. Arts Council shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Arts Council shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. 8. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. R:\RUSEP\CONTRAC'I52003-04 Arts Council Community Spedal Events Grant Agreemenl.doc To City: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager To Arts Council: Arts Council of Temecula Valley P.O. Box 2337 Temecula, California 92593 Attention: Martha Minkler, Executive Director 9. The Arts Council shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 10. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. R:\RUSEP\CONTRACT~2003-04 Arts Council Community Special Events Grant Agreement.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OFTEMECULA Jeffrey E. Stone Mayor Attest: Susan Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney ARTS COUNCIL OF TEMECULA VALLEY, a California non-profit corporation By: Name: Title: By: Name: Title: R:\RUSEP\CONTRACT~2003-04 Aris Council Community Special Events Grant Agreement.doc TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT JULY 8, 2003 A regular meeting of the City of Temecula Community Services District was called to order at 7:25 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Comerchero presiding. ROLL CALL PRESENT: 5 DIRECTORS: Naggar, Pratt, Stone, Roberts, and Comerchero ABSENT: 0 DIRECTORS: None Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of June 24, 2003. MOTION: Director Naggar moved to approve Consent Calendar Item No. 1. The motion was seconded by Director Stone and voice vote reflected approval with the exception of Director Roberts who abstained. DIRECTOR OF COMMUNITY SERVICES REPORT Thanking the community for their support of the 4th of July festivities, Community Services Director Parker as well commended Recreation Superintendent Julie Crowe-Pelletier and her staff, the Police Department, and the Fire Department for their services at the events. Mr. Parker also invited the Community to participate in the Thursday evenings Summer Concert Series and Friday evening movies in the park. GENERAL MANAGER'S REPORT General Manager Nelson commended Community Services Director Herman Parker and the entire Community Services Department for their efforts on the 4th of July activities. Minutes.csd\070803 1 BOARD OF DIRECTORS' REPORTS Chairman Comerchero echoed the comments of General Manager Nelson, on a job well-done for the City's 4th of July events. ADJOURNMENT At 7:27 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, July 22, 2003, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] Minutes.csd\070803 2 ITEM 2 APPROVAL CITY ATTORNEY FINANCE D IRECTO R~,~-~' CITY MANAGER ;~_~?) TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community Service~(~' July 22, 2003 Arts Council Community Grant Agreement PREPARED BY: ~,~' Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Board of Directors approve the Community Grant Agreement between the Temecula Community Services District (TCSD) and the Arts Council of Temecula Valley in the amount of $40,000. BACKGROUND: The Arts Council of Temecula Valley has been providing a variety of arts and cultural activities in the City of Temecula for several years. Some of their events include the annual Arts Festival and also the Concerts on the Green program. The Arts Council worked extensively with City staff and AMS Planning and Research in the development of the City's Cultural Arts Master Plan. By way of this agreement, the Arts Council commits to continue the implementation process for the Cultural Arts Master Plan. TCSD staff and the Arts Council have agreed upon goals and objectives that the Arts Council will implement by the end of this fiscal year as part of this agreement. Two areas of particular emphasis this coming year will be continuing and augmenting the after-school arts program for youth; and, improved community awareness through enhancing and expanding the resource directory and the website. This agreement provides $40,000 in funding for continued implementation of the cultural arts programs in the City of Temecula. The Arts Council will submit an invoice to the TCSD at the end of · each calendar quarter for the actual costs of personnel, which will be accompanied by appropriate documentation. FISCAL IMPACT: Funding in the amount of $40,000 is appropriated in the TCSD budget for FY 2003-04 for the Arts Council program. R:\RUSEP~AGENDAS~003-04 Arts Council Grant Agreement.doc COMMUNITY GRANT AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE ARTS COUNCIL OF TEMECULA VALLEY THIS AGREEMENT is made by and between the Temecula Community Services District (TCSD), a municipal corporation, and the Arts Council of Temecula Valley, a non-profit corporation, and is dated as of July 22, 2003. In consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. This Agreement is made with respect to the following facts and purposes, which each of the parties hereto acknowledge and agree to be true and correct: a. The Arts Council of Temecula Valley ("Arts Council") coordinates many programs for the cultural arts within the City of Temecula, which are not provided by the TCSD's recreation and cultural arts program. b. The Arts Council warrants and represents to the TCSD that it is a non-profit, tax exempt corporation under the tax laws of the United State and California, and agrees to continue in such status during the term of this Agreement. b. The Board of Directors desires to award a community grant to the Arts Council in the amount of forty thousand dollars ($40,000.00) for the purpose of continuing and enhancing its cultural arts programs within the City of Temecula. The Board of Directors hereby allocates $40,000 for the costs of personnel working for the Arts Council for fiscal year 2003-2004. c. This Agreement provides for the manner in which the grant will be paid to the Arts Council. 2. The TCSD shall pay to the Ads Council on a quarterly basis, an amount equal to the actual costs for employees of the Arts Council for the preceding quarter, not to exceed $10,000.00 per quarter or $40,000.00 for the fiscal year ending June 30, 2004. Arts Council shall submit an invoice to the TCSD at the end of each calendar quarter for the actual costs of personnel, which shall be accompanied by such documentation as reasonably required by the Director of Finance to establish that such costs were incurred by the Arts Council. TCSD shall pay the invoice or provide its written objections to it within thirty (30) working days following receipt by the TCSD. 3. The term of this agreement shall be July 1, 2003 to June 30, 2004. 4. The Arts Council and TCSD staff have developed goals and objectives which are set forth in Exhibit A. The Arts Council is committed to implementing these Goals and Objectives and assisting the TCSD in implementing the City's Cultural Arts Master Plan. 5. The TCSD may at any time, for any breach of this Agreement, suspend or terminate this Agreement, or any portion hereof, by serving upon the Arts Council at least ten (10) days prior written notice. If the breach is corrected during this ten-day period, TCSD may, in its sole and exclusive discretion, rescind the termination. If the TCSD suspends or R:\RUSEP\CONTRACT~2003-04 Arts Council Community Grant Agreement.doc terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. Arts Council shall make available to the TCSD its books, records and financial documents in such form as to allow TCSD to verify Arts Council's compliance with the terms of this Agreement. 6. The Arts Council agrees to defend, indemnify, protect and hold harmless the City, TCSD, its officers, officials, and employees from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Arts Council's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability attributable to the active negligence of the City. 7. Arts Council shall procure and maintain, or shall have provided on its behalf, for the duration of fiscal year 2003-2004 insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the activities of the Arts Council, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88, including a non-owned auto endorsement. (2) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Workers Compensation Insurance shall not be required if the Arts Council has no employees. b. Minimum Limits of Insurance. Arts Council shall maintain limits on the policies described in Subsection a. of no less than the following amounts unless otherwise approved by the City Manager: (1) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. (2) Workers' Compensation as required by the State; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. d. Other Insurance Provisions. The general liability policies shall contain, or be endorsed to contain, the following provisions: (1) The City, TCSD, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Arts Council; premises owned, occupied or used by the Arts Council; or automobiles owned, leased, hired or borrowed by R:\RUSEP\CONTRACT~2003-04 Arts Council Community Grant Agreement. doc the Arts Council. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this Agreement, the Arts Council's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Arts Council's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Arts Council's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurem. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. - ' . Arts Council shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Arts Council's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 8. Arts Council is and shall at all times remain as to the City and TCSD a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Arts Council shall at all times be under Arts Council's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Arts Council or any of Arts Council's officers, employees or agents, except as set forth in this Agreement. Arts Council shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Arts Council shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. 9. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set fodh below or at any other address as that party may later designate by Notice. Notice R:\RUSEP\CONTRACT~2003-04 Arts Council Community Grant Agreement.doc shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager To Arts Council: Arts Council of Temecula Valley P.O. Box 2337 Temecula, California 92593 Attention: Martha Minkler, Executive Director 10. The Arts Council shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City or TCSD. 11. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. R:\RUSEP\CONTRACT~2003-04 Arts Council Community Grant Agreement.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, President Temecula Community Services District Attest: Susan Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney ARTS COUNCIL OF TEMECULA VALLEY, a California non-profit corporation By: Name: Title: By: Name: Title: R:\RUSEP\CONTRACT~.003-04 Arts Council Community Grant Agreement.doc C 0 U N C I L OF TEMECULA VALLEY June 30, 2003 BOARD OF TRUSTEES Charles and NIc. olet Araujo Luanne Fen'er Dylan and Natascha Gotesky Ruth H. Hobbs Barbara Keen .]on and 3ane Laskin Teresa Lubrani Patricla Lusln Dorothy hleyler Jimmy Noore Angela Nords Nark Hush Steve Phelps Sheila Havens Ryle Bruce Singer Paula Stankovich Dr. Alan Winkelstein CO N~ULTANTs Eduardo Ferret Jim Meyler Stewart M. Morris, .lr. Karen Parrott ~ Alicen Wong EXECUT/VE DZRECTOR Martha N. Mlnkler THE ARTS COUNCIL OF TEMECULA VALLEY Mr. Herman Parker, Director Community Services Depm huent City of Temecula Post Office Box 9033 Temecula, California 92589-9033 MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF TEMECULA AND THE ARTS COUNCIL OF TEMECULA VALLEY PHASE FIVE: IMPLEMENTATION OF CULTURAL ARTS MASTER PLAN Dear Herman, The Arts Council of Temecula Valley has accepted the responsibility given to it by the City of Temecula to implement the Cultural Arts Master Plan. Working cooperatively with the City of Temecula, the Arts Council is positioned to move forward during fiscal year 2003-2004, to continue implementing objectives of the SLX goals outlined in the Cultural Arts Master Plan. The six goals, as outlined in the Plan, include providing opportunities for arts education in schools and the community, generating greater awareness and participation in arts and cultural programs, enhancing the community through art in public places, 'assisting, encouraging and fostering cooperation among cultural organizations and individual artists in the Temecula Valley, developing performing and visual arts facilities, and preserving the historic legacy of Temecula Valley. In the 2003-2004 fiscal year the Arts Council is committed to accomplishing the following: GOALS: ART~ IN EDUCATION: TO PROVIDE OPPORTUNITIES FOR ARTS EDUCATION IN SCHOOLS AND THE OVERALL COMMUNITY. OBJECTIVF~: Coordinate the Fifth annual Summer Youth Art Institute in July 2004. Continue partnerships with Temecula Valley Unified School District and the Boys and Girls Clubs of Southwest Riverside County for fac'ffities use and promotion of the Institute. 1 of 4~City of Temecula~CAMP Implementation 2003-2004 Co-sponsor with Temecula Valley Unified School District, and the City of Temecula (facilities use), the Fifth Annual Youth Art Exhibition. Coordinate efforts with Temecula Valley Unified School District to provide an after school arts program at a local middle school. Continue seeking private funding for program. Work with local parents interested in forming booster clubs and/or private foundations to generate financial support for the arts in local schools. Continue Boys and Girls Clubs after school arts parmership and expand current program s. Encourage local students and adults to enter or audition for regional, state and national competitions by distributing information received from Americans for the Arts, California Arts Council, various state and national arts commissions, councils, port authorities and other arts entities. Information is distributed by Arts Council of Temecula Valley via Artifacts Newsletter, Council website, specialized mailings to artists and email. PUBLIC INVOLVEMENT: TO GENERATE GREATER AWARENESS AND PARTICIPATION IN ARTS AND CULTURAL PROGRAMS. OBJECTIVES: Produce the Fifteenth Annual Arts in the Country Festival 2004. Showcase as many cultural arts organizations as possible during that time. Produce the Spring and Fall Concerts on the Green. Increase Council visibility, and programs by forging partnerships with social services, economic development, business and other agencies where the arts can improve quality of life. Continue adding to and fme-tuning the Arts Council's Website, www. artsinthevalle¥.org, by expanding the Resource Directory, providing additional regional, state and national links to arts, culture, and tourism and establishing a more comprehensive cultural arts master calendar. Provide mechanism for arts organizations or arts related bus'messes to promote their activities and businesses via the Arts Council Website. 2 of 4-City of Temecula~CAMP Implementation 2003-2004 PUBLIC ART: TO ENHANCE THE COMMUNITY THROUGH ART IN PUBLIC PLACES. OBJ~,C'1; v~S : To introduce the Painted Ponies to the streets of Temecula from January 2004 through June 2004. Twenty to forty individual ponies, original works of art, will appear throughout Temecula: on the streets of Old Town, at Promenade Mall, and in front of businesses, schools and child care centers. The Painted Pony project will increase public awareness of art in public spaces and draw tourists to Temecula as the painted animals have done in 67 other cities/states and countries. To partner with the City of Temecula and Sister City Association to organize a November 2003 exhibit showcasing photographic works of art from Leidschendam-Voorburg, Netherlands. Work with the City and interested artists to create a community sculpture garden. COLLABORATION ~ SUPPORT SERVICES: TO ASSIST, ENCOURAGE, AND FOSTER COOPERATION AMONG CULTURAL ORGANIZATIONS AND INDIVIDUAL ARTISTS IN TEMECULA. OBJECTIVES: Continue assisting arts organizations by marketing their events through the Arts in the Country Festival. Update and maintain the Cultural Arts Master Calendar on the Arts Council's Website. Encourage cultural arts organizations to submit dates for inclusion via the Artifacts Newsletter and other communication with arts organizations. Assist Musicians Workshop with the creation of a Commun/ty Cultural Arts and Music Education Center. Assist Musicians Workshop with publicizing the In Home Concert Series. Assist Temecula Valley Players by obtaining facilities for and publicizing their events. Assist Mt. San Jacinto Community College's Music Education program, by publicizing the concerts of Southwest Women's Community Chorus, Valley Winds Wine Country Band Festival, and Jn~.~. Ensemble. 3 of 4~City of Temecula~CAMP Implementation 2003-2004 Continue publicizing local cultural arts organizations calls for artists, auditions, and events in the Artifacts Newsletters and the Arts in the Country brochures and programs. FACILITIES: TO DEVELOP FACILITIES TO ACCOMMODATE PERFORMING AND VISUAL ARTS. Continue working in an advisory capacity with the Theatre Foundation to review grant requests for the Community Theatre. Continue participating in fund raising efforts for the Old Town Community Theatre. HERITAGE: VALLEY. TO PRESERVE THE HISTORIC LEOACY OF TEMECULA OBJ~J] vg~q : The Arts Council, having facilitated the formation of the Temecula Valley Historical Society in 2000-2001, will continue supporting the efforts of both the Temecula Valley Museum and Temecula Valley Historical Society by publicizing their events in the Artifacts Newsletter, distributing their fliers at Council events, and making their information available at the Arts Council's office. The contract fee of Forty Thousand dollars ($40,000.00} for implementing the Cultural Arts Master Plan is to be paid quarterly, as per City of Temecula specifications, commencing July 1, 2003 and ending June 30, 2004. If you need additional information or have questions please feel free to call me at 909.695.2787. Thank you once again for your confidence in the Arts Council of Temecula Valley to implement the Cultural Arts Master Plan. It has been a rewarding and exciting experience. ~ The Board of Trustees cc: Arts Council Board of Trustees Enclosures 4 of 4~City of Temecula~CAMP Implementation 2003-2004 8 ~ - 0 ITEM 3 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE_/.,~__~L-- CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT Boards of Directors Herman D. Parker, Director of Community Services Departmer~//~ July 22, 2003 Citywide Tree Trimming Maintenance Services PREPARED BY: Kevin T. Harrington, Maintenance Superintendent RECOMMENDATION: That the Board of Directors: 1. Award the Citywide Tree Trimming Maintenance Services contract to West Coast Arborists, Inc. for $100,000.00 and authorize the President to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $10,000.00 which is equal to 10% of the contract amount. BACKGROUND: In May, 2003 Request for Proposals (RFP) and specifications for the Citywide Tree Trimming Contract were sent to twenty two (22) tree trimming contractors. On May 23, 2003 six (6) proposals were received for Citywide Tree Trimming Maintenance Services. The following proposals were submitted: 2. 3. 4. 5. 6. West Coast Arborists, Inc. Great Scott Tree Services California Tree Service GSTP Mariposa Horticultural Enterprises Atlas Environmental Services The firms were ranked as shown. Staff has determined that West Coast Arborists, Inc., was the highest ranked firm based on their submittal and specific unit prices (see attached proposal). The work to be performed includes tree trimming, tree and stump removals, root pruning, tree planting and emergency work call-outs. This work is necessary to maintain trees located on various areas maintained by Community Services Department. The contractor will inventory all trees by name, size and location. Staff has reviewed the bid proposal from West Coast Arborists, Inc.. West Coast Arborists, Inc. has performed work for the City of Temecula in the past, and we have found their work to be satisfactory. A copy of the proposal is attached (Exhibit "A") for review. 1 R:\KANIGOWJ~Agenda Report2003.doc FISCAL IMPACT: The amount of the contract for fiscal year 2003-04 is $100,000, plus an additional ten percent (10%) contingency of $10,000. Sufficient funds have been included in the TCSD budgets for fiscal year 2003-04. ATTACHMENT: 1. Exhibit "A" 2. Contract 2 R:~,ANIGOWJ~Agenda Report2003.doc EXHIBIT "A" Please see attachment. 3 R:'~,ANIGOWJ~Agenda Repod,~003.doc May 23, .2003 43200 Busine~ Pad( Drive Temecula, C. alifomia 92590 REQUEST FOR BID - 'q]~E TRIMMING SERVICT~:S" DUE: Friday, Ma,/23, 2003 at 4..00 P.M. To whom it may concem, Thank you for ailing us the opportunity to submit a proposal to perform ~ maintenance for the City of Temecula West Coast Afoodsts, Inc. (WCA) has a 30-year track record of woddng for mom than 100 California municipalities and vazious public agencies. We hav~ developed a complete Ufoan Fomst~ Manasement PIostam lhat indudes a Masl~ Street Tree Plan, Tree Inveetoff and Software Management System as pa~t of our Maintenance Progran~ Our tree maintenance program .... indudes a we#-dermed Quality Coatrol Plan which inempora~ cefdrmd pesonnet, s~fety, pruning . _ specificalJons, equipment, hours of operation, public relations, traff'~: control, schedulin§ of work, computerized b~qlin~ and public eonve~ience. Our company has been in business since 1972 and is licensed by the Califomia Slate Contractors License Board under license ~366764 wilh a local office and yard in Ihe City of Anaheim. We have held this license in good standin§ since 1976. The license specializes in Class C61 (Tree Se~,ice) as well as Class C27 (Landscapins). Also, we have an A+ rating from b~e bonding board. We currently employ over 40 Certified Adx~ists and over 100 Certlf'md Treewodcer% as recognized by the Weslem Chapter of Ifie International Society of,4Jboricultum. In addition to the references listed in our Proposal, we am cunenfly under contract with the Cities of Lake ElsJnom, Murrieta, and Endnitas providing tree cam. We would encourage your agency to contact Ihese Ci§es or any of the listed references. Also, at~ached please find supporting documents including information about our orBanization, qualifications of personnel, method of operation, health and safety plan, and a green was~ diversion plan. We w~ll not use any subconlractors for this projecc For Ibis important project, Mr. Frank Quinn, Area Manager, will be responsible for field se~ces and has full authority to schedule and ~oordinate sen4ces. Should you have any questions or require . addrdonal information, please do not hesJlate to contact Mr. Quinn or me at (800) 521-3714. Sincerely, Director of Marketing CITY OF TEMECULA TREE TRIMMING RFP BID PRICES FOR PROPOSED TREE TRIMMING CONTRACT Baaed On Approxlmataly 7,500 Trees In Varioua Locations Throughout the City of Temecula STREET TREE TRIMMING - CLEARANCE TRIM $ 19.50 each STREET TREE AESTHETIC TRIMMING - FULL TRIM $ 30.00 each PALM TREE TRIMMING $ ].9.50 each COMPLETE TREE & STUMP REMOVAL $ t 4.50 diameter Inch STUMP REMOVAL $ 4.50 diameter Inch ROOT PRUNING WITHOUT ROOT BARRIER $ 50.00 each ROOT PRUNING WITH ROOT BARRIER $ t00.00 each (10' X 18' DEEP ROOT OR EQUIVALENT) TREE PLANTING: 15 gal. w/root barrier $ 100.00 each 15 gal. w/o root barrier $ 85.00 each 24 Inch box w/root barrier $ 200.00 each 24 Inch box w/o root barrier $ [85.00 each waterln~l $ 395.00 day CREW RENTAL - 3 MEN, AERIAL UNIT, DUMP TRUCK $ hour & CHIPPER 105. O0 CRE'IN RENTAL - 2 MEN, AERIAL UNIT, DUMP TRUCK $ 70.00 hour & CHIPPER CREW RENTAL- 1 MAN $ 35.00 hour EMERGENCY WORK CALL OUT - 3 MEN INCLUDING $ 200.00 hour ALL NECESSARY EQUIPMENT, DISPOSAL FEES, AND ZERO MATERIAL MARK-UP Attach a statement of qualifications outlining the contractors corporate profile and contractor's experience in providing tree trimming services as required by the RFP. Attach a list of client references. Selected contractor will provide the following documentation upon execution of the contract: · Certificate of Insurance as outlined In the requirements in attachment B. · Completed W-9 form · Copy of City of Temecula Business License It is Intended that other public agencies (i.e., city, special district, public authority, public agency, and other political sub-division of the State of Californian) located in Riverside County shall have the option to participate in any agreement created as a result of this Request for Proposal with the same terms and conditions as to the price of the product and/or service. The City of Temecula shall Incur no financial responsibility in connection with a purchase order from another public agency. Any public agency that "piggy-backs" on any negotiated contract between the City of Temecula and vendor shall accept sole responsibility for negotiating, placing orders, and making payment to vendor. 5. Vendor's agreement or failure to agree to the "piggyback" clause will not be a factor in award of the contract. Check one of the following: The prices, terms, and conditions in our bid/proposal are not extended to any other agency. I hereby agree to extend all prices, terms, and conditions of my bid/proposal to any other public agency located in Riverside County with the following exception(s) noted on the attached. '~1 hereby agree to extend ell prices, terms, and conditions of my bid/proposal to any other public agency located in Riverside County with no exceptions. Victor M. Gonzalez, Director of Marketi: Name/Title/Date May 20, 2003 Signature / ~/ CITY OF TEMECULA COMMUNITY SERVICES DISTRICT CONTRACT FOR CITYWlDE TREE MAINTENANCE SERVICES THIS CONTRACT, made and entered into the 22nd day of July, 2003 by and between the Temecula Community Services District, hereinafter referred to as "CITY", and West Coast Arborists, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled ClTYWlDE TREE MAINTENANCE SERVICES, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications for Construction of Local Streets and Roads, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for crrYWIDE TREE MAINTENANCE SERVICES. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for CI'I'YWlDE TREE MAINTENANCE SERVICES. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT C-1 R;~(ANIGOWJ\Conb actor agreement~WCA Tree Tdm 03~)4.doc The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and ali utility and transportation services required for the following: ClTYWIDE TREE MAINTENANCE SERVICES All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE HUNDRED THOUSAND DOLLARS and NO CENTS ($100,000.00), the total amount of the base bid. TERM: The term of the contract shall commence upon award by the Board of Directors and continue through June 30, 2004. The City reserves the option to extend the contract(s) for an additional three (3) years. No price adjustments will occur during the first thirty-six (36) months of this agreement. Upon request of the Contractor and agreement by the City, the item prices may be adjusted by the amount equal to the increase or decrease, during the previous twelve (12) months, in the Riverside, San Bernardino ALL Urban Consumers Index to determine the percentage of increase or decrease, the term "previous twelve months" shall be the 12 month period ending June 30th of that year, or if not available, the prior month. CONTRACTOR agrees to complete the work in a period not to exceed thirty (30) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the Board of Directors, except that the City Manager is hereby authorized by the Board of Directors to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the Board of Directors. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the Community Services Director a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Community Services Director may require. This CONTRACT C-2 R:~,ANIG OW J\Conlmctor agreement~WCA Tree Tdm 03~)4.doc schedule, as approved by the Community Services Director, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Board of Directors hereby delegates its authority to reduce the retention to the Director of Community Services. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. CONTRACT C-3 R:~NIGOWJ~Contractor agr~ement~WCA Tree Trim 03~4.doc 10. 11. 12. 13. 14. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Board of Directors has obtained the general prevailing rete of per diem wages and the general rete for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage retes at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontrector under him, in violation of the previsions of the Contract. TIME OF THE ESSENCE. Time is of the essence in this contract. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. CONTRACT C-4 R:~KANiGOWJ/Contractor ag reement~WCA Tree Tdm 03-04.doc 15. 16. 17. 18. 19. 20. 21. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. iNSPECTION The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. CONTRACT C-5 R:~Z, ANIGOWJ\Contractor agmernent~WCA Tree Tdm 03~)4.doc 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Herman D. Parker Director of Temecula Community Services District City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: Herman D. Parker Director of Temecula Community Services District City of Temecula 43200 Business Park Drive Temecula, CA 92590-3606 CONTRACT C-6 R:~,ANIG OW J\Con ~actor agreement~WCA Trse Tdm 03~4.doc IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR West Coast Arborists, Inc. 2200 E. Via Burton St. Anaheim, CA 92806 (714) 991-1900 Patrict O'Malley, President Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA APPROVED AS TO FORM: By: Jeffrey Comerchero, President Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CONTRACT C-7 R:~ANIG OW J\Ceetmctor agreement~WCA Tree Tdm 03q)4,doc EXHIBIT 'A" - INSURANCE ENDORSEMENTS & CERTIFICATES A-1 R:~F, ANIGOWJ~C ontractor agreement~WCA Tree Trim 03-04.doc ITEM 4 TO: FROM: DATE: SUBJECT: APPROVAL~f,~, CITY A'I-I'ORN EY DIRECTOR OF FINANCE CITY MANAGER TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community Services July 22, 2003 Vacate a Portion of a Landscape Maintenance Easement within Lot 151 of Tract Map No. 23209 PREPARED BY: RECOMMENDATION: Barbara Smith, Management Analyst Adopt a resolution entitled: RESOLUTION NO. CSD 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA VACATING A PORTION OF A LANDSCAPE MAINTENANCE EASEMENT WITHIN LOT 151 IN TRACT MAP NO. 23209 BACKGROUND: The City Council approved Tract Map No. 23209 on May 28, 2002, including acceptance of offers of dedication made to the Temecula Community Services District (TCSD) for landscape maintenance purposes, said offers included a landscape maintenance easement along the west side of lot 151. Subsequent to the acceptance of the offer of dedication for the landscape maintenance purposes and prior to improvements being made to the property, the property owner requested that the easement be vacated in order to meet certain building requirements. The TCSD has not used the easement and has determined that it is not necessary for proper landscape maintenance. Therefore, there is no necessity to reserve this easement for public purposes. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution 03- 2. Location Map with Exhibits "A" and "B" R:\smithb\Serena Hills\Stuff-Vacation of Easement.doc RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. BOX 9033 Temecula, CA 92589-9033 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 5103 and 27383 RESOLUTION NO. 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA VACATING A PORTION OF A LANDSCAPE MAINTENANCE EASEMENT WITHIN LOT 151 IN TRACT MAP NO, 23209 THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DOES RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Temecula Community Services District does find, determine and declare as follows: ao The landscape easement to be vacated is a portion of the landscape easement located on the west side of lot 151 within Tract Map No. 23209 that was dedicated and accepted on the final map recorded in the County of Riverside on June 28, 2002, this area is more particularly described on Exhibit "A" and depicted on Exhibit "B". Exhibits A and B are attached hereto and are incorporated herein as though set forth in full. b. This vacation is pursuant to the Street and Highway Code SS 8333. As per SS 8333 (a) this landscape easement has not been used for the purpose it was dedicated for and (b) the date of the dedication is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date. The property owner has requested that the easement be vacated so that the parcel will meet with certain building requirements. On July 22, 2003, the Board of Directors held a public meeting regarding the proposed landscape easement vacation. Interested persons were provided with the opportunity to present evidence and comments to the Board of Directors on the proposed vacation. Prior to adopting this Resolution the Board of Directors considered the comments of any persons who spoke at the meeting. So The Board of Directors has considered the General Plan of Temecula and finds that the vacation of the landscape maintenance easement is consistent with the General Plan. The Board of Directors finds, based on the evidence submitted at the meeting, that the landscape maintenance easement is unnecessary for present or prospective public use. This vacation proceeding is pursuant to the authority of Chapter 3, Part 3, Division 9, commencing at Section 8300 of the Streets and Highways Code and specifically Section 8333. Section 2. The Board of Directors of the Temecula Community Services District hereby vacates that portion of the landscape maintenance easement along the west side of lot 151 within Tract Map No. 23209, which area is more particularly described on Exhibit A and depicted on Exhibit B. From and after the date of recordation of this record, the landscape maintenance easement vacated no longer constitutes a public service easement. Section 3. The City Clerk is authorized and directed to cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded in the Office of the Recorder of Riverside County. Pursuant to Streets and Highway Code Section 8336 a certified copy of this Resolution shall be recorded without acknowledgment, certificate of acknowledgment, or further proof. Upon recordation of this Resolution, the vacation of this landscape maintenance easement shall be completed. PASSED, APPROVED, AND ADOPTED, by the Board of Directors of the Temecula Community Services District at a regular meeting held on the 22°d day of July 2003. ATTEST: Jeff Comerchero, President Susan W. Jones, CMC/AAE, City Clerk (Seal) STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC/AAE, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 03- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District at a regular meeting thereof held on the 22nd day of July 2003, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk EXHIBIT 'A' LEGAL DESCRIPTION FOR TCSD LANDSCAPE EASEMENT ABANDO~E1T~ BEING THAT PORTION OF LOT 151 OF TRACT NO. 23209, IN THE CITY OF TEMECULA, AS SHOWN ON MAP ON FILE IN BOOK 320, PAGES 79 THROUGH 97 INCLUSIVE, RECORDED JUNE 28, 2002 IN THE OFFICE OF THE RIVERSIDE COUNTY RECORDER, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 151; THENCE ALONG THE WESTERLY LINE THEREOF 1. SOUTH 12°43'16" WEST 78.29 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE 2. SOUTH 12°43'16'' WEST 28.49 FEET; THENCE DEPARTING SAID WESTERLY LINE 3. SOUTH 28°53'19'' EAST 1.51 FEET; THENCE 4. NORTH 12°43'16'' EAST 29.62 FEET; THENCE 5. NORTH 77°16'44'' WEST 1.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 29 SQUARE FEET, MORE OR LESS. SCOTT A. HURST LS 7178 EXPIRATION DATE 12/31/03 DATE PAGE 1 OF 1 LEGEND ~.'.'.'~ INDICA1ES TCSD LANDSCAPE · ~:.~.'.'.1 EASEI4ENT ABANDONED HEREON AREA: 29 S.F'. POC POINT OF COMMENCEMENT TRUE POINT OF' BEGINNING' I' WlD£ TCSO LANDSCAPE F_ASE14ENT DEDICATED PER TRACT NO. 23209 EXHIBIT / "B" RE'YES COURT 151 1.51' T:\SURVEY\2138\PLATS\TC$I)\8138-TCSD-QC,dwg Jun 17, 2003 - ~.~43pm SCOTT A HURST LE~ 7178 UC~N~. ~S ~2/~I/0~ VICINITY MAP Tract No. 23209 Not to Scale PROJECT SITE AHERN ITEM 5 APPROVAL/~///~ CITY ATTORNEY DIRECTOR OF FINANCE /,,~:::),~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community Service~:~/ July 22, 2003 Harveston Specific Plan #13 - Service Level B, Proposed Residential Street Lighting: Service Level C, Perimeter Landscaping and Slope Maintenance and Service Level D, Refuse and Recycling Collection Services Rates and Charges PREPARED BY: Barbara Smith, Management Analyst ~r~ RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. CSD 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ORDERING, CALLING AND GIVING NOTICE OF AN ELECTION TO BE HELD ON SEPTEMBER 10, 2003 REGARDING SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES FOR HARVESTON SPECIFIC PLAN #13 IN ORDER TO ESTABLISH SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES BEGINNING FISCAL YEAR 2004-2005 PURSUANT TO ARTICLE XIIID, SECTION 6 OF THE CALIFORNIA CONSTITUTION. Approve the Election Notice, Ballot, and Procedures for the Completion, Return and Tabulation of the Ballots. Authorize staff to mail the ballots to the affected property owners pursuant to the aforementioned process. BACKGROUND: The Temecula Community Services District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting services, perimeter and slope maintenance, and refuse/recycling collection services to numerous residential subdivisions within the City of Temecula through Service Levels B, C and D. Pursuant to the request of the property owner, staff has initiated proceedings to assume the responsibility for long-term residential street lighting services, perimeter landscaping and slope maintenance, and refuse/recycling collection services within Harveston Specific Plan #13 beginning Fiscal Year 2004-2005. On May 27, 2003 and in accordance with Proposition 218, the Board of Directors adopted the resolution of intention to file the levy report on all single-family residential lots within Harveston Specific Plan #13. The Notice of Public Hearing was subsequently mailed to the property owner identifying the proposed TCSD Rates and Charges for each affected parcel as follows: Service Level B $25.68 per residential parcel Service Level C $100.00 per residential parcel Service Level D $176.28 per occupied residential parcel Subsequent to the mailing of the notice, City Council decided to reduce the rate of Service Level D to its prior year's rate of $172.56. Since the rate noticed was higher that the proposed rate, this procedure does not need to be renoticed. At tonight's Public Hearing, the Board of Directors must hear and consider all objections or protests to the levy report for Harveston Specific Plan #13 and the proposed rates and charges. If the property owner presents a written protest, the Board must reject the proposed fee and abandon any further proceedings. In this instance, a homeowner's association would be required to assume the street lighting and perimeter landscape maintenance responsibilities. However, if the property owners do not submit a written protest against the proposed rates and charges, the Board of Directors may then adopt the proposed fee subject to an election requiring a majority approval of the affected property owners. In this instance, the Board of Directors can order and call an election for September 10, 2003, and authorize staff to proceed with mailing a notice and ballot to the property owners of Harveston Specific Plan #13, a copy of which is attached for your review. Pursuant to the ballot process, staff is also recommending the approval of the attached Procedures for the Completion, Return and Tabulation of Ballots. The ballot procedure explains the process for completion, return and tabulation of the ballots and will be included as part of the mailed ballot documents. The ballots can only be completed by the property owner of each parcel. In order to be counted, the ballot must be completed in compliance with these procedures and returned to the City Clerk/District Secretary prior to 3:30 p.m. on September 10, 2003. The City ClerkJDistdct Secretary will open the ballot on September 10, 2003 at 4:00 p.m. in the Main Conference Room in City Hall. The results of the election shall be announced by the City Clerk/District Secretary at that time, and presented to the Community Services District for formal certification at it's meeting on September 23, 2003. FISCAL IMPACT: In the event that the Board of Directors calls for an election, staffwill prepare the notices, ballot and election procedures in-house. If approved, upon build-out of the development, the proposed rates and charges of $25.68 and $100.00 per parcel will generate an annual levy of $41,627 and $162,100 respectively, for the Service Level B and Service Level C maintenance programs. The franchise agreement with CR&R, the City's refuse hauler, allows adjustments to the residential rate based on the Consumer Price Index (CPI) and Riverside County Tipping Fee. This year the rate was to increase to $176.28 from $172.56. At the June 24, 2003 TCSD Board Meeting the members directed R:\smithb\Eleciions\H arveston~S~aff-Notice of Election.doc 07/16/2CO3 staff not to increase the residential rate and the difference of $3.72 per single-family dwelling would be funded by the City's General Fund. Using 2003-2004 rates the subsidy amount for the Harveston Development would be $6,030.12. The proposed Service Level D charge of $172.56 per parcel will generate an annual levy of $279,719.76. Pursuant of Proposition 218, these amounts may be increased by the TCSD only after conducting a public hearing, however, mailed ballot proceedings are not required to increase Service Level D rates and charges. Actual costs for providing long-term residential street lighting and perimeter landscaping and slope maintenance services within Harveston Specific Plan #13 will be absorbed into Service Level B and Service Level C upon installation of said improvements. ATTACHMENTS: 2. 3. 4. Resolution Calling and Noticing the Election, Exhibit A and B Election Notice Procedures for Completion, Return and Tabulation of Ballots Vicinity Map RESOLUTION NO. CSD 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ORDERING, CALLING AND GIVING NOTICE OF AN ELECTION TO BE HELD ON SEPTEMBER 10, 2003 REGARDING SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES FOR HARVESTON SPECIFIC PLAN #13 IN ORDER TO ESTABLISH SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES BEGINNING FISCAL YEAR 2004-2005 PURSUANT TO ARTICLE XIIID, SECTION 6 OF THE CALIFORNIA CONSTITUTION THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District CTCSD"), to provide specified services to properties within its jurisdiction. Section 2. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges for services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, property taxes collected within the TCSD in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. Section3. Pursuant to Government Code Section 61621.2, the TCSD caused a written report ("Report") to be prepared and filed by the Secretary of the TCSD, which Report contains a description of each single-family residential parcel of real property within Harveston Specific Plan #13 and the proposed amount of the rates and charges against each parcel for fiscal year 2003-04. The Report containing the proposed rates and charges is attached hereto as Exhibit A, entitled "Project Summary," and incorporated herein by this reference. A copy of the Report is on file in the office of the Secretary of the TCSD, and is available for public inspection. Section 4. By previous resolution, the Board of Directors acknowledged the filing of the Report, and appointed a time and place for a public hearing on the Report and the proposed rates and charges. Notice of the public hearing was mailed and published as required by law and affidavits of publication and mailing are on file with the Secretary of the TCSD. Section 5. On July 22, 2003, the Board of Directors conducted a public hearing on the Report and the proposed rates and charges. At the public hearing, the Board of Directors heard and considered all oral and written objections, protests and comments by any interested person concerning the Report, the proposed rates and charges, and the method of collection of such rates and charges. R:Xsmithb~Eleetions~Harveston~Reso-Election. DOC Section 6. The Board of Directors hereby finds and determines that, based on the Report and the District budget, the rates and charges as set out on Exhibit A do not exceed the reasonable cost of the services to be provided by the TCSD within Harveston Specific Plan #13 for Fiscal Year 2004-2005. Section 7. The Board of Directors hereby finds and determines that written protests have not been filed by a majority of owners of identified parcels. The Board of Directors hereby overrules any and all objections and protests and adopts the rates and charges for fiscal year 2004-2005 as set out on Exhibit A for the services to be provided by the TCSD for fiscal year 2004-2005. Section 8. The TCSD shall collect such rates and charges at the same time and in the same manner and by the same persons as, together with and not separately from, the property taxes collected within the TCSD. These rates and charges shall be delinquent at the same time and thereafter be subject to the same delinquency penalties as such property taxes. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to these rates and charges, except for California Revenue and Taxation Code Section 4831. However, if for the first year the charge is levied, the real property to which the charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes appear on the roll, then the charge shall not result in a lien against the property, but instead shall be transferred to the unsecured roll for collection. Section 9. If a property owner subject to these rates and charges questions the classification of the owner's property for Fiscal Year 2004-2005, or claims that an error has been made with respect to the implementation of the rates and charges or the application of the rates and charges to the owner's property for that fiscal year, such property owner must appeal the levy by filing an appeal with the Secretary of the TCSD before 5:00 p.m. on December 1, 2004, pursuant to procedures established by the TCSD, in order to be considered under the appeal of classification or correction of errors program. Section 10. If a property owner subject to these rates and charges believes that payment of the rates and charges for Fiscal Year 2004-2005 would create a hardship for that property owner during that fiscal year, such property owner must appeal the levy by filing a hardship appeal with the Secretary of the TCSD before 5:00 p.m. on December 1, 2004, pursuant to procedures established by the TCSD, in order to be considered under the hardship appeal program. Section 11. The Secretary of the TCSD is hereby ordered to transmit or cause to be transmitted to the County Auditor of the County of Riverside, California before August 11, 2004 the Report and the property tax roll with such rates and charges enumerated for each parcel not exempt therefrom; and the County Auditor is hereby designated, required, empowered, authorized, instructed, directed and ordered to make collection of all such rates and charges as shown on that roll and to perform any and all duties necessary therefore. Section 12. Pursuant to the California Environmental Quality Act (CEQA), the levy and collection of these rates and charges is exempt from CEQA pursuant to Public RSsmithb~ElectionsXHarvestonXReso-Election. DOC - 2 - Resources Code Section 21080(b)(8) and Section 15273 of the State CEQA Guidelines because the rates and charges are necessary to maintain existing improvements within the TCSD, Section 13. The Secretary of the TCSD shall certify to the adoption of this Resolution. Section 14. The Service Level B and Service Level C rates and charges adopted by this resolution shall take effect only if they are approved by a majority of the property owners of the property subject to the rates and charges voting at an election to be held on September 10, 2003. The Board of Directors hereby calls said election and orders that said election be conducted as a mail ballot election pursuant to the requirements of Article XIIID, Section 6 of the California State Constitution. Section 15. The notice and ballot to be submitted to the property owners shall be substantially in the form attached as Exhibit B and incorporated herein by reference. Section 16. The Board of Directors hereby approves the Procedures for the Completion, Return and Tabulation of Ballots ("Ballot Procedures") presented to the Board at this meeting and directs such procedures be placed on file in the office of the Secretary of the Temecula Community Services District and open to public inspection. Section 17. All ballots must be received by the Secretary of the Temecula Community Services District no later than 3:30 p.m. on September 10, 2003. In all particulars not recited in this Resolution, the election shall be held and conducted as provided in the Ballot Procedures. Section 18. The Secretary of the Temecula Community Services District is hereby authorized to canvass the returns of the election. The officers and staff of the Temecula Community Services District are hereby authorized and directed to take such further action as may be necessary or appropriate in preparing for and conducting the election. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this 22nd day of July 2003. R:Xsmithb~Elections~Harveston~Reso-Election. DOC - 3 - Jeff Comerchero, President ATTEST: Susan W. Jones, CMC/AAE City Clerk/District Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, Susan W. Jones, CMS, District Secretary, HEREBY CERTIFY that the foregoing Resolution No. CSD 03- was duly adopted by the Board of Directors of the Temecula Community Services District at the regular meeting thereof, held on the 22nd day of July 2003, by the following vote of the Board of Directors. AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: ATTEST: Susan W. Jones, CMC/AAE City Clerk/District Secretary [SEAL] R:~smithb~Elections~Harvcston~Reso-Elecfion. DOC - 4 - Exhibit A PROJECT SUMMARY CITY OF TEMECULA HARVESTON SPECIFIC PLAN #13 INITIAL LEVY REPORT Service Levels B, C and D Temecula Community Services District (TCSD) Commencing Fiscal Year 2004-2005 INTENT MEETING: PUBLIC HEARING: May 27, 2003 July 22, 2003 INTRODUCTION: A. The TCSD Since December 1, 1989, the Temecula Community Services District CTCSD") has provided residential street lighting, perimeter landscaping and slope maintenance, refuse and recycling services and din road maintenance to properties within its jurisdiction. The boundary of the TCSD is coterminous with the boundary of the City of Temecula ("City"). To fund its services and maintain improvements within its boundaries, the TCSD collects rates and charges ("Charges"). The TCSD was formed, and Charges are set and established, pursuant to the Community Services District Law, Tire 6, Division 3 of the California Government Code. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges for residential street lighting (Service Level B), perimeter landscaping and slope maintenance (Service Level C), refuse/recycling collection (Service Level D), and road improvement and maintenance (Service Level R) services furnished by the TCSD, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. As required by these sections of the Government Code, the TCSD Board approves an Annual Levy Report each year describing the proposed rates and charges for that year. B. This Report This Initial Levy Report ("Report") is prepared and presented to the Board pursuant to Section 61621.2 of the Government Code to prescribe Rates and Charges beginning in FY 2004-2005 for the parcels and territory identified as Harveston Specific Plan Number 13. (Harveston) The territory identified and described in this Report includes all parcels within Harveston, a future residential subdivision that consists of 537.5 gross acres of vacant property and 12 acres of developed property (elementary school) located on the west side of Margarita Road, south of Date Street, east of Interstate 15 and no~th of Winchester Road. The Harveston Specific Plan has been approved with a total of 1921 residential units. Of the total residential units 300 are multi-family apartment units and the balance of 1621 are planned as single-family residential units. The owner of record, Harveston, LLC has requested that the TCSD establish the parcel charges necessary to provide ongoing revenue for residential street lighting, perimeter landscaping and slope maintenance, and refuse/recycling collection services within this future residential subdivision. PLANS AND SPECIFICATIONS A. Period Covered By Report This Report describes rates and charges to be imposed for Fiscal Year 2004-2005. The expectation of the TCSD is that these rates and charges will continue to be imposed on an annual basis thereafter in connection with the TCSD's annual rate and charge levy proceedings. B. Parcels Affected By This Report The rates and charges set forth in this Report shall affect all residential parcels included in the Harveston Specific Plan and within the Grant Deed as recorded with the Office of the Riverside County Recorder, Document Number 2002-311176 recorded on June 7, 2002. C. Description of Service Levels The proposed services to be provided to parcels within Harveston Specific Plan include: residential street lighting; perimeter landscaping and slope maintenance; and refuse/recycling collection. Service Level B, Residential Street Lighting - includes all developed and undeveloped single- family residential parcels for which the TCSD provides on-going servicing, operation, and maintenance of local street lighting improvements. The cost of providing Service Level B services is $25.68 per residential parcel per year, meaning that the cost of providing Service Level B services for the 1621 parcels within Harveston Specific Plan will be $41,627 per year. Service Level C, Perimeter Landscaping and Slope Maintenance - includes all developed single family residential parcels and residential vacant parcels for which the TCSD provides on-going servicing, operation, and maintenance of perimeter landscaped areas and slopes within the public right-of-ways and dedicated easements adjacent to and associated with each development. The landscaped areas associated with this particular development include, but are not limited to, perimeter slope and landscaping, as follows: Along Margarita, Ynez, Lakeview Roads and Date Street adjacent to Harveston's single-family residential and habitat open space areas. This does not include perimeter landscaping adjacent to multi-family, park site or commercial areas. Along both sides of Harveston Drive, the west side of Lake House Road and the entries roadways into the single-family developments where the roadway has a sixty-six (66) foot right of way. This area does not include the perimeter landscape areas adjacent to commemial, school, private and public recreational facilities. The cost of providing these services for these areas of slopes and landscaping is estimated to be $100 per year per residential parcel, meaning that the cost of providing Service Level C services for the 1621 parcels within Harveston Specific Plan will be $162,100. Service Level D, Refuse and Recycling Services - provides for the operation and administration of the refuse/recycling collection program including street sweeping services for all single-family residential homes within the TCSD. The current cost of providing these services to a single family residential home is $176.28 per year. Thus, the cost of providing this service to the 1621 parcels that have been identified as developed with a residential home within Harveston Specific Plan will be $285,750 per year. METHOD OF APPORTIONMENT The cost to provide services within Harveston Specific Plan will be fairly distributed among each assessable property by the same methods and formulas applied to all parcels within the various Service Levels of the TCSD. The following is the formula used to calculate each property's TCSD charges and is applied to Service Level B (Residential Street Lighting); Service Level C (Perimeter Landscaping and Slope Maintenance); and Service Level D (Refuse/Recycling Collection): Total Balance to Levy/Total Parcels (in Service Level) = Parcel Charge The following table reflects the levy calculation for each Service Level. TABLE I Proposed Service Level Charges For Harveston Specific Plan Estimated Budget and Charges for Fiscal Year 2004-2005 SERVICE LEVEL Total Levy Planned Charge Per Budget Levy Units Levy Unit Service Level B: Residential Street Lighting $41,627 1621 $25.68 Service Level C: Local Landscaping and Slopes $162,100 1621 $100.0 Rate Level #8 (C-8) Service Level D: $285,750 1621 $176.28 Refuse/Recycling Collection The following tables (Table II through IV) show the methodology used to compute the levy for each parcel affected by this Report. TABLE II Parcel Charge Calculation for Service Level B Parcel Property Type Charge Multiplier Single family residential $25.68 Per Parcel Single family vacant $25.68 Per Parcel A charge is imposed on all residential parcels developed or undeveloped. Parks, open space areas, easements and non-buildable parcels are not charged. TABLE Parcel Charge Calculation for Service Level C Parcel Property'Type Charge Multiplier Single family residential $100 Per Parcel Single family vacant $100 Per Parcel A charge is imposed on all residential parcels developed or undeveloped. Parks, open space areas, easements and non-buildable parcels are not charged. TABLE IV Parcel Charge Calculation for Service Level D Property Type Single family residential Parcel Charge $176.28 Multiplier Per Parcel This charge is imposed only on developed single-family residential parcels (with a residential home). APPENDIX A - PARCEL LISTING (FY 2004-2005) The actual parcels subject to rates and charges for Service Level B, Service Level C and Service Level D beginning Fiscal Year 2004-2005 shall be those parcels within Harveston Specific Plan identified on the Riverside County Secured Roll at the time all TCSD rates and charges are submitted to the County Auditor/Controller for inclusion on the tax roll for that fiscal year. The rates and method of apportionment outlined in this Report are consistent with the rates and methods previously approved by the TCSD Board of Directors for each applicable Service Level contained herein. However, all rates and methods described in this Report are subject to revision and modification within the prescribed parameters of the law. The actual rates and charges applied on the tax roll each fiscal year shall be apportioned and submitted according to the rates and method described in the final TCSD Annual Levy Report presented and approved by the Board of Directors at an annual Public Hearing. The following pages encompass a complete listing of all parcels within Harveston Specific Plan subject to the TCSD Service Level B, Service Level C and Service Level D rates and charges beginning Fiscal Year 2004-2005. This listing shows the rate and charge that will be charged to each parcel based on development with a single-family residential unit. The rates and charges applied to each newly subdivided residential parcel will reflect the services provided and the development of each respective parcel at the time the rates and charges are applied. Fiscal Year 2004-2005 Rates and Charges Subdivided Parcels Service ~ Service Service Total Tract 29928 Level B i Level C Level D** Assessment Lot Number (C-9) 1 $25.68 $100.00 $176.28 $301.96 2 $25.68 $100.00 $176.28 $301.96 3 $25.68 $100.00 $176.28 $301.96 4 $25.68 $100.00 $176.28 $301.96 5 $25.68 $100.00 $176.28 $301.96 6 $25.68 $100.00 $176.28 $301.96 7 $25.68 $100.00 $176.28 $301.96 8 $25.68 $100.00 $176.28 $301.96 9 $25.68 $100.00 $176.28 $301.96 10 $25.68 $100.00 $176.28 $301.96 11 $25.68 $100.00 $176.28 $301.96 12 $25.68 $100.00 $176.28 $301.96 13 $25.68 $100.00 $176.28 $301.96 14 $25.68 $100.00 $176.28 $301.96 15 $25.68 $100.00 $176.28 $301.96 16 $25.68 $100.00 $176.28 $301.96 17 $25.68 $100.00 $176.28 $301.96 18 $25.68 $100.00 $176.28 $301.96 19 $25.68 $100.00 $176.28 $301.96 20 $25.68 $100.00 $176.28 $301.96 21 $25.68 $100.00 $176.28 $301.96 22 I $25.68 $100.00 $176.28 $301.96 23 . $25.68 $100.00 $176.28 $301.96 24 $25.68 $100.00 $176.28 $301.96 25 $25.68 $100.00 $176.28 $301.96 26 $25.68 $100.00 $176.28 $301.96 27 $25.68 $100.00 $176.28 $30i.96 28 $25.68 $100.00 $176.28 $301.96 29 $25.68 $100.00 $176.28 $301.96 30 $25.68 $100.00 $176.28 $301.96 31 $25.68 $100.00 $176.28 $301.96 32 $25.68 $100.00 $176.28 $301.96 33 $25.68 $100.00 $176.28 $301.96 34 $25.68 $100.00 $176.28 $301.96 35 $25~68 $100.00 $176~28 $301.96 36 $25.68 $100.00 $176.28 $~01.96 37 $25.68 $100.00 $176128 $301.96 PgTot~s $950.16 $3,700.00 $6,522.36 $11,172.52 Service Service Service Total Tract 29928-1 Level B Level C Level D** Assessment Lot Number (C-9) 1 $25.68 $100.00 $176.28 $301.96 2 $25.68 $100.00 .$176.28 $301.96 3 $25.68 $100.00 $176.28 $301.96 4 $25.68 $100.00 $176.28 $301.96 5 $25.68 $100.00 $176.28 $301.96 6 $25.68 $100.00 $176.28 $301.96 7 $25.68 $100.00 $176.28 $301.96 8 $25.68 $100.00 $176.28 $301.96 9 $25.68 $100.00 $176.28 $301.96 10 $25.68 $100.00 $176.28 $301.96 11 $25.68 $100.00 $176.28 $301.96 12 $25.68 $100.00 $176.28 $301.96 13 $25.68 $i00.00 $176.28 $301.96 14 $25.68 $100.00 $176.28 $301.96 15 $25.68 $100~0 $176.28 $301.96 16 $25.68 $100.00 $176.28 $301.96 17 $25.68 $100.00 $176.28 $301.96 18 $25.68 $100.00 $176.28 $301.96 19 $25.68 $100.00 $176.28 $301.96 20 $25.68 $100.00 $176.28 $301.96 21 $25.68 $100.00 $176.28 $301.96 22 $25.68 $100.00 $176.28 $301.96 23 $25.68 $I00.00 $176.28 $301.96 24 $25.68 $100.00 $176.28 $301.96 25 $25.68 $100.00 $176.28 $301.96 26 $25.68 $100.00 $176.28 $301.96 27 $25.68 $i00.00 $176.28 $301.96 28 $25.68 $100.00 $176.28 $301.96 29 $25.68 $100.00 $176.28 $301.96 30 $25.68 $100.00 $176.28 $301.96 31 $25.68 Sf00.00 $176.28' $301.96 32 $25.68 $100.00 $176.28 $301.96 33 $25.68 $100.00 $176.28 $301.96 Pg Totals $847.44 $3,300.00 $5,817124 $9,964.68 Service Service Service Total Tract 29928-2 Level B Level C Level D** Assessment Lot Number (C-9) 1 $25.68 $100.00 $176.28 $301.96 2 $25.68 $100.00 $176.28 $301.96 3 $25.68 $100.00 $176.28 $301.96 4 $25.68 $100.00 $176.28 $301.96 5 $25.68 $100.00 $176.28 $301.96 6 $25.68 $100.00 $176.28 $301.96 7 $25.68 $100.00 $176.28 $301.96 8 $25.68 $100.00 $176.28 $301.96 9 $25.68 $100.00 $176.28 $301.96 10 $25.68 $100.00 $176.28 $301.96 1! $25.68 $100.00 $176.28 $301.96 12 $25.68 $100.00 $176.28 $301.96 13 $25.68 $100.00 $176.28 $301.96 14 $25.68 $100.00 $176.28 $301.96 15 $25.68 $100.00 $176.28 $301.96 16 $25.68 $100.00 $176.28 $301.96 17 $25.68 $100.00 $176.28 $301.96 18 $25.68 $100.00 $176.28 $301.96 19 $25.68 $100.00 $176.28 $301.96 20 $25.68 $100.00 $176.28 $301.96 21 $25.68 $100.00 $176.28 $301.96 22 $25.68 $100.00 $176.28 $301.96 23 $25.68 $100.00 $176.28 $301.96 24 $25.68 $100.00 $176.28 $301.96 25 $25.68 $100.00 $176.28 $301.96 26 $25.68 $100.00 $176.28 $301.96 27 $25.68 $100.00 $176.28 $301.96 28 $25.68 $100.00 $176.28 $301.96 29 $25.68 $100.00 $176.28 $301.96 30 $25.68 $100.00 $176.28 $301.96 31 $25.68 $100.00 $176.28 $301.96 32 $25.68 $100.00 $176.28 $301.96 33 $25.68 $100.00 $176.28 $301.96 34 $25.68 $100.00 $176.28 $301.96 35 $25.68 $100.00 $176.28 $301.96 36 $25.68 $100.00 $176.28 $301.96 37 $25.68 $100.00 $176.28 $301.96 38 $25.68 $100.00 $176.28 $301.96 39 $25.68 $100.00 $176.28 $301.96 PgTot~s $1,001.52 $3,900.00 $6,874.92 $11,776.44 Service Service Service Total Tract 29928-3 Level B Level C Level D** Assessment Lot Number (C-9) 1 $25.68 $100.00 $176.28 $301.96 2 $25.68 $100.00 $176.28 $301.96 3 $25.68 $100.00 $176.28 $301.96 4 $25.68 $100.00 $176.28 $301.96 5 $25.68 $100.00 $176.28 $301.96 6 $25.68 $100.00 $176.28 $301.96 7 $25.68 $100.00 $176.28 $301.96 8 $25.68 $100.00 $176.28 $301.96 9 $25.68 $100.00 $176.28 $301.96 10 $25.68 $100.00 $176.28 $301.96 11 $25.68 $100.00 $176.28 $301.96 12 $25.68 $100.00 $176.28 $301.96 13 $25.68 $100.00 $176.28 $301.96 14 $25.68 $100.00 $176.28 $301.96 15 $25.68 $100.00 $176.28 $301.96 16 $25.68 $100.00 $176.28 $301.96 17 $25.68 $100.00 $176.28 $301.96 18 $25.68 $100.00 $176.28 $301.96 19 $25.68 $100.00 $176.28 $301.96 20 $25.68 $100.00 $176.28 $301.96 21 $25.68 $100.00 $176.28 $301.96 22 $25.68 . $100.00 $176.28 $301.96 23 $25.68 $I00.00 $176.28 $301.96 24 $25.68 $100.00 $176.28 $301.96 25 $25.68 $100.00 $176.28 $301.96 26 $25.68 $100.00 $176.28 $301.96 27 $25.68 $i00.00 $176.28 $301.96 28 $25.68 $100.00 $176.28 $301.96 29 $25.68 $100.00 $176.28 $301.96 30 $25.68 $100.00 $176.28 $301.96 31 $25.68 $100.00 $176.28 $301.96 P~Totals $796.08 $3,100.00 $5,464.68 $9,360.76 Service Service Service Total Tract 29929 Level B Level C Level D** Assessment Lot Number (C-9) 1 $25.68 $100.00 $176.28 $301.96 2 $25.68 $100.00 $176.28 $301.96 3 $25.68 $100.00 $176.28 $301.96 4 $25.68 $100.00 $176.28 $301.96 5 $25.68 $100.00 $176.28 $301.96 6 $25.68 $100.00 $176.28 $301.96 7 $25168 $100.00 $176.28 $301.96 8 $25.68 $100.00 $176.28 $30L96 9 $25.68 $100.00 $176.28 $301.96 10 $25.68 $100.00 $176.28 $301.96 11 $25.68 $100.00 $176.28 $301.96 12 $25.68 $100.00 $176.28 $301.96 13 $25.68 $100.00 $176.28 $301.96 14 $25.68 $100.00 $176.28 $301.96 15 $25.68 $100.00 $176.28 $301.96 16 $25.68 $100.00 $176.28 $301.96 17 $25.68 $100.00 $176.28 $301.96 18 $25.68 $100.00 $176.28 $301.96 19 $25.68 $100.00 $176.28 $301.96 20 $25.68 $100.00 $176.28 $301.96 21 $25.68 $100.00 $176.28 $301.96 22 $25.68 $100.00 $176.28 $301.96 23 $25.68 $100.00 $t76.28 $301.96 24 $25.68 $100.00 $176.28 $301.96 25 $25.68 $100.00 $176.28 $301.96 26 $25.68 $100.00 $176.28 $301.96 27 $25.68 $100.00 $176.28 $301.96 28 $25.68 $100.00 $176.28 $301.96 29 $25.68 $100.00 $176.28 $301.96 30 $25.68 $100.00 $176.28 $301.96 31 $25.68 $100.00 $176.28 $301.96 32 $25.68 $100.00 $176.28 $301.96 33 $25.68 $100.00 $176.28 $301.96 34 $25.68 $100.00 $176.28 $301.96 35 $25.68 $100.00 $176.28 $301.96 36 $25.68 $100.00 $176.28 $301.96 37 $25.68 $100.00 $176.28 $301.96 38 $25.68 $100.00 $176.28 $301.96 39 $25.68 $100.00 $176.28 $301.96 40 $25.68 $100.00 $176.28 $301.96 41 $25.68 $100.00 $176.28 $301.96 42 $25.68 $100.00 $176.28 $301.96 43 $25.68 $100.00 $176.28 $301.96 44 $25.68 $100.00 $176.28 $301.96 45 $25.68 $100.00 $176.28 $301.96 46 $25.68 $100.00 $176.28 $301.96 47 $25.68 $100.00 $176.28 $301.96 PgTotals $1,206.96 $4,700.00 $8,285.16 $14, i92A2 Service Service Service Tot~ Tract 29929-1 Level B Level C Level D** Assessment Lot Number (C-9) 1 $25.68 $100.00 $176.28 $301.96 2 $25.68 $100.00 $176.28 $301.96 3 $25.68 $100.00 $176.28 $301.96 4 $25.68 $100.00 $176.28 $301.96 5 $25.68 $100.00 $176.28 $301.96 6 $25.68 $100.00 $176.28 $301.96 7 $25.68 $100.00 $176~28 $301.96 8 $25.68 $100.00 $176.28 $301.96 9 $25.68 $100.00 $176.28 $301.96 10 $25.68 $100.00 $176.28 $301.96 11 $25.68 $100.00 $176.28 $301.96 12 $25.68 $100.00 $176.28 $301.96 13 $25.68 $100.00 $176.28 $301.96 14 $25.68 $100.00 $176.28 $301.96 15 $25.68 $100.00 $176.28 $301.96 16 $25.68 $100.00 $176.28 $301.96 17 $25.68 $100.00 $176.28 $301.96 i8 $25.68 $100.00 $176.28 $301.96 19 $25168 $100.00 $176.28 $301.96 20 $25.68 $100.00 $176.28 $301.96 21 $25.68 $100.00 $176.28 $301.96 22 $25.68 $100.00 $176.28 $301.96 23 $25.68 $100.00 $176.28 $301.96 24 $25.68 $100.00 $176.28 $301.96 25 $25.68 $100.00 $176.28 $301.96 26 $25.68 $100.00 $176.28 $301.96 27 $25.68 $100.00 $176.28 $301.96 28 $25.68 $100.00 $176.28 $301.96 29 $25.68 $100.00 $176.28 $301.96 30 $25.68 $100.00 $176.28 $301.96 31 $25.68 $100.00 $176.28 $301.96 32 $25.68 $100.00 $176.28 $301.96 33 $25.68 $100.00 $176.28 $301.96 34 $25.68 $100.00 $176.28 $301.96 35 $25168 $100.00 $176.28 $301.96 36 $25.68 $100.00 $176.28 $301.96 37 $25.68 $100.00 $176.28 $301.96 38 $25.68 $100.00 $176.28 $301.96 39 $25.68 $100.00 $176.28 $301.96 40 $25.68 $100.00 $176.28 $301.96 41 $25.68 $100.00 $176.28 $301.96 42 $25.68 $100.00 $176.28 $301.96 43 $25.68 $100.00 $176.28 $301.96 44 $25.68 $100.00 $176.28 $301.96 45 $25.68 $100.00 $176.28 $301.96 46 $25.68 $100.00 $176.28 $301.96 47 $25.68 $100.00 $176.28 $301.96 48 $25.68 $100.00 $176.28 $301.96 49 $25.68 $100.00 $176.28 $301.96 50 $25.68 $100.00 $176.28 $301.96 51 $25.68 $100.00 $176.28 $301.96 52 $25.68 $100.00 $176.28 $301.96 53 $25.68 $100.00 $176.28 $301.96 54 $25.68 $100.00 $176.28 $301.96 55 $25.68 $100.00 $176.28 $301.96 56 $25.68 $100.00 $176.28 $301.96 57 $25.68 $100.00 $176.28 $301.96 58 $25.68 $100.00 $176.28 $301.96 59 $25.68 $100.00 $176.28 $301.96 60 $25.68 $100.00 $176.28 $301.96 61 $25.68 $100.00 $176.28 $301.96 62 $25.68 $100.00 $176.28 $301.96 63 $25.68 $100.00 $176.28 $301.96 64 $25.68 $100.00 $176.28 $301.96 65 $25.68 $100.00 $176.28 $301.96 66 $25.68 $100.00 $176.28 $301.96 67 $25.68 $100.00 $176.28 $301.96 68 $25.68 $100.00 $i76.28 $301.96 69 $25.68 $100.00 $176.28 $301.96 70 . $25.68 $100.00 $176.28 $301.96 71 $25.68 $100.00 $176.28 $301.96 72 $25.68 $I00.00 $176.28 $301.96 Pg Tot~s $1,848.96 $7,200.00 $121692.16 $21,741.12 Tract30088 Service Service Service Total Lot Number Level B Level C (c-9) Level D** Assessment 1 $25.68 $100.00 $176.28 $301.96 2 $25.68 $100.00 $176.28 $301.96 3 $25.68 $100.00 $176.28 $301.96 4 $25.68 $100.00 $176.28 $301.96 5 $25.68 $100.00 $176.28 $301.96 6 $25.68 $100.00 $176.28 $301.96 7 $25.68 $100.00 $176.28 $301.96 8 $25.68 $100.00 $176.28 $301.96 9 $25~68 $100.00 $176.28 $301.96 10 $25~68 $100.00 $176.28 $301.96 11 $25.68 $100.00 $176.28 $301.96 12 $25.68 $100.00 $176.28 $301.96 13 $25.68 $100.00 $176.28 $301.96 14 $25.68 $100.00 $176.28 $301.96 15 $25.68 $100.00 $176.28 $301.96 16 $25.68 $100.00 $176.28 $301.96 17 $25.68 $100.00 $176.28 $301~96 18 $25.68 $100.00 $176.28 $301.96 19 $25.68 $100.00 $176.28 $301.96 20 $25.68 $100.00 $176.28 $301.96 21 $25.68 $100.00 $176.28 $301.96 22 $25.68 $100.00 $176.28 $301.96 23 $25.68 $100.00 $176.28 $301.96 24 $25.68 $100.00 $176.28 $301.96 25 $25.68 $100.00 $176.28 $301.96 26 $25.68 $100.00 $176.28 $301.96 27 $25.68 $100.00 $176.28 $301.96 28 $25.68 $100.00 $176.28 $301.96 29 $25.68 $100.00 $176.28 $301.96 30 $25.68 $100.00 $176.28 $301.96 31 $25.68 $100.00 $176.28 $301.96 32 $25.68 $100.00 $176.28 $301.96 33 $25.68 $100.00 $176.28 $301.96 34 $25.68 $100.00 $176.28 $301.96 35 $25.68 $100.00 $176.28 $301.96 36 $25.68 $100.00 $176.28 $301.96 37 $25.68 $100.00 $176.28 $301.96 38 $25.68 $100.00 $176.28 $301.96 39 $25.68 $100.00 $176.28 $301.96 40 $25.68 $100.00 $176.28 $301.96 41 $25.68 $100.00 $176.28 $301.96 PgTotals $1,052.88 $4,100.00 $7,227.48 $12,3'80.36 Total Rates and Charges for 300, Subdivided Parcels: $7,704.00 $30,000.00 $52,884.00 $90,588.00 EXHIBIT B OFFICIAL BALLOT Harveston Specific Plan #13 TEMECULA COMMUNITY SERVICES DISTRICT SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES FOR RESIDENTIAL STREET LIGHTING SERVICES AND PERIMETER AND SLOPE LANDSCAPE MAINTENANCE PROPERTY: All single family residential parcels within Harveston Specific Plan #13 recorded in the Office of the County Recorder of Riverside County OWNER: Property Owner Name Property Owner Address YES, I approve of the proposed annual levy of $25.68 for Service Level B and $100.00 for Service Level C against each parcel identified on this ballot. NO, I do not approve of the proposed annual levy of $25.68 for Service Level B and $100.00 for Service Level C against each parcel identified on this ballot. I hereby declare, under penalty of perjury that I am the record owner, or the authorized representative of the record owner, of the parcels identified above. Signature Date Print Name Title CHECK ONLY ONE BOX. BALLOTS MUST BE COMPLETED IN INK AND RETURNED TO THE CITY CLERK/DISTRICT SECRETARY AT THE CITY OF TEMECULA, P.O. BOX 9033/43200 BUSINESS PARK DRIVE, TEMECULA, CALIFORNIA, 92589-9033 PRIOR TO 3:30 P.M. ON SEPTEMBER 10, 2003. R3smithb\Elections~ltarveston~Ballot Form. DOC 07/10/2003 NOTICE OF ELECTION PROPOSED SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES FOR HARVESTON SPECIFIC PLAN #13 BEGINNING FISCAL YEAR 2004-2005 Pursuant to the request of the property owners of 1621 future single-family residential lots within Harveston Specific Plan #13, the Temeeula Community Services District has initiated proceedings to assume maintenance of residential street lighting and perimeter landscaping and slope areas within Harveston Specific Plan #13 beginning with the Fiscal Year 2004-2005. Pursuant to this request, and pursuant to Government Code Section 61621.2, the TCSD caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, which contains a description of each parcel of property to be charged for this maintenance and the proposed amount of the maintenance charge for each parcel for Fiscal Year 2004-2005 The proposed Service Level B rate and charge against each of the above-mentioned parcels within Harveston Specific Plan #13 beginning Fiscal Year 2004-2005 is $25.68. The proposed levy rate of $25.68 per parcel provides revenue for residential street lighting services within this subdivision. The proposed Service Level C rate and charge against each of the parcels beginning Fiscal Year 2004-2005 is $100.00. The proposed levy rate of $100.00 per parcel provides revenue for the maintenance of perimeter landscaping and slope areas within this subdivision. This amount was calculated by dividing the total estimated maintenance cost upon build-out of the development $162,100 by the total number of single-family residential parcels within the subdivision. On July 22, 2003 the Board of Directors conducted a public hearing on the Report and the proposed Service Level B and Service Level C rates and charges. At the public hearing, the Board of Directors heard and considered all objections or protests to the Report and to the proposed rates and charges. At the conclusion of the public hearing, the Board determined that written protests against the proposed fees were presented by less than a majority of owners of the parcels on which the proposed fees were to be imposed, and levied the rates and charges subject to approval by the property owners subject to the proposed rates and charges. The Board of Directors encourages you to return the enclosed ballot indicating whether you support or oppose the proposed Service Level B and Service Level C rates and charges. Ballots may be mailed to the City Clerk/District Secretary at P.O. Box 9033, Temecula, California, 92589- 9033, or otherwise delivered to the City Clerk/District Secretary at 43200 Business Park Drive, Temecula, California, 92590 no later than 3:30 p.m. on September 10, 2003. The proposed Service Level B and Service Level C rates and charges will be abandoned if the ballot is not returned in favor of the proposed rates and charges. In the event the proposed charges are abandoned, the homeowners association will assume responsibility for residential street lighting and perimeter landscaping and slope maintenance services within the subdivision. Enclosed is your ballot and the District's procedures for the completion, return and tabulation of Ballots. Please consult these Procedures for details regarding the ballot process. You may also contact the City Clerk/District Secretary's Office at (909) 694-6444; by mail, at P.O. Box 9033, Temecula, California, 92589-9033; or in person, at 43200 Business Park Drive, Temecula, California 92590, for further information regarding this matter. RAsrnithb\Elections\Harveston\Ballot Notice and Procedures.doc 07/10/2003 TEMECULA COMMUNITY SERVICES DISTRICT PROCEDURES FOR THE COMPLETION, RETURN, AND TABULATION OF BALLOTS I. Completion of Ballots Who may complete a ballot A ballot may be completed by the owner of the parcel to be charged. As used in these Procedures, the term "owner" includes the owner's authorized representative. If the owner of the parcel is a partnership, joint tenancy, or tenancy in common, a ballot may be completed by any of the general partners, joint tenants, or tenants in common. Only one ballot may be completed for each parcel. Duplicate ballots If a ballot is lost, destroyed or never received, the City Clerk/District Secretary will provide a duplicate ballot to the owner upon receipt of a request in writing to the City Clerk, at P.O. Box 9033, Temecula, California, 92589-9033, or otherwise delivered to the City Clerk/District Secretary at 43200 Business Park Drive, Temecula, California 92590. The duplicate ballot will be marked to show the date on which the ballot was provided and to identify it as a duplicate ballot. Marking and signing the ballot To complete a ballot, the owner of the parcel must (1) mark the appropriate box supporting or opposing the proposed rate and charge, and (2) sign, under penalty of perjury, the statement on the ballot that the person completing the ballot is the owner of the parcel or the owner's authorized representative. Only one box may be marked on each ballot. Ballots must be completed in ink. Only ballots provided by the District will be accepted The District will only accept ballots mailed or otherwise provided to owners by the District. Photocopies, faxes, and other forms of the ballot will not be accepted. II. Return of Ballots Who may return ballots ballot may be returned by the owner of the parcel or by anyone authorized by the owner to return the ballot. R:~smithb\Elecfions\Harveston\Ballot Notice and Precedures,doc 07/10/2003 Where to return ballots Ballots may be mailed to the City Clerk/District Secretary's Office, at P.O. Box 9033, Temecula, California, 92589-9033, (the District has provided a return postage-paid envelope). Ballots may also be delivered in person to the City Clerk/District Secretary's Office at 43200 Business Park Drive, Temeeula, California 92590. Ballots may not be returned by fax. When to return ballots All returned ballots must be received by the City Clerk/District Secretary's Office prior to 3:30 p.m. on September 10, 2003. The City Clerk/District Secretary will stamp on the ballot the date of its receipt. Withdrawal of ballots After returning a ballot to the District, the person who signed the ballot may withdraw the ballot by submitting a written request in person to the City Clerk/District Secretary at 43200 Business Park Drive, Temecula, California 92590. Such request must be received by the City Clerk/District Secretary prior to 3:30 p.m. on September 10, 2003. If any ballot has been withdrawn, the person withdrawing the ballot may request a duplicate ballot. The City ClerlUDistrict Secretary will retain all withdrawn ballots and will indicate on the face of such ballots that they have been withdrawn. III. Tabulation of Ballots Which ballots will be counted Only ballots, which are completed and retumed in compliance with these procedures, will be counted. Ballots received by the City Clerk/District Secretary after 3:30 p.m. on September 10, 2003 will not be counted. Ballots, which are not signed by the owner, will not be counted. Ballots with no boxes marked, or with more than one box marked, will not be counted. Ballots withdrawn in accordance with these procedures will not be counted. The City Clerk/District Secretary will keep a record of each duplicate ballot provided to an owner and will verify, prior to counting any duplicate ballot, that only one ballot has been returned for the parcel. If a non-duplicate ballot has been returned, the District will count the non-duplicate ballot and disregard all duplicate ballots. If only duplicate ballots have been returned, the District will count the earliest provided duplicate ballot and disregard the later provided duplicate ballots. How ballots will be tabulated Ballots may be counted by hand, by computer or by any other tabulating device. R:~smithb\Elections\Harveston\Ballot Notice and Procedures.doc 07/10/2003 Who will tabulate ballots Ballots will be tabulated by the City Clerk/District Secretary. When and where will the ballots be tabulated Ballots will be opened and tabulated on Wednesday, September 10, 2003 at 4:00 p.m. in the Main Conference Room at City Hall, 43200 Business Park Drive, Temecula, California, 92590. This process is open to the general public. Results of tabulation The results of the tabulation will be announced following the completion of the tabulation and entered in the minutes of the next Board of Directors meeting September 23, 2003. IV. Resolution of Disputes In the event of a dispute regarding whether the signer of a ballot is the owner of the parcel to which the ballot applies, the District will make such determination from the last equalized assessment roll and any evidence of ownership submitted to the City Clerk/District Secretary. The District will be under no duty to obtain or consider any other evidence as to ownership of property and the District's determination of ownership will be final and conclusive. In the event of a dispute regarding whether the signer of a ballot is an authorized representative of the owner of the parcel, the District may rely on the statement on the ballot, signed under penalty of perjury, that the person completing the ballot is the owner's authorized representative and any evidence submitted to the City Clerk/District Secretary. The District will be under no duty to obtain or consider any other evidence as to whether the signer of the ballot is an authorized representative of the owner and the District's determination will be final and conclusive. V. General Information For further information, contact the City Clerk/District Secretary at (909) 694-6444: by mail, at P.O. Box 9033, Temecula, California, 92589-9033; or in person, at 43200 Business Park Drive, Temecula, California 92590. R:~smithb\Elections\Harveston~Ballot Notice and Procedures.doc 07/10/2003 TCSD DEPARTMENTAL REPORT REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY JULY 8, 2003 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:30 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLLCALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Naggar, Pratt, Stone, and Roberts ABSENT: 0 AGENCY MEMBER: None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of June 24, 2003. 2 Corporation for Better Housinq Senior Housinq Project RECOMMENDATION: 2.1 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 FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND 28500 PUJOL STREET, A CALIFORNIA LIMITED PARTNERSHIP Removed from the agenda. MOTION: Agency Member Naggar moved to approve Consent Calendar Item No. 1. The motion was seconded by Agency Member Comerchero and voice vote reflected approval with the exception of Agency Member Roberts who abstained. Item No. 2 was removed from the Agenda. R:\Minutes.rda\070803 I PUBLIC HEARING 3 Buildin,q Lease Aqreement with Musician's Workshop RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. RDA 03-13 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A LEASE AGREEMENT BETWEEN THE AGENCY AND MUSICIAN'S WORKSHOP Assistant Executive Director O'Grady presented the staff report (of record). Chairperson Ron Roberts opened the public hearing at 7:30 P.M. Jon Laskin, Executive Director of Musician's Workshop, thanked the Director's and staff for their support of the Musician's Workshop and stated he was available to answer any questions they may have. Hearing no questions, Chairperson Ron Roberts closed the public hearing at 7:32 P.M. MOTION: Agency Member Naggar moved to approve Item No. 3. The motion was seconded by Agency Member Comerchero and voice vote reflected unanimous approval. DEPARTMENTAL REPORT No comments. EXECUTIVE DIRECTOR'S REPORT No comments. AGENCY MEMBERS' REPORTS Chairman Roberts invited the public to attend "Hot Summer Nights" in Old Town, running from July 11th through August 22nd from 5:00 - 9:00 P.M. R:\Minutes.rda~070803 2 ADJOURNMENT At 7:34 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, July 22, 2003, in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Roberts. Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:\Minutes.rda\070803 3 ITEM 2 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Executive Director/Redevelopment Agency Members John Meyer, Redevelopment Director July 22, 2003 Old Town Billboard Lease Agreement RECOMMENDATION: That the Agency approve a $30,000 lease agreement with Lamar Advertising Company for the Old Town Billboard located on the Intersate15 Fwy. BACKGROUND: Since 1997, the Agency has been leasing a Billboard with Adam's Advertising to help promote Old Town. The Billboard has been considered an ~fective tool to advertise Old Town to the motoring public along Interstate 15. The Agency has had a good working relationship with Adams Advertising. During this time, Adams Advertising has had minimal increases, maintaining a favorable lease amount. On June 6, 2003, Lamar Advertising acquired Adams Advertising, Inc. The current lease agreement with Lamar Advertising will be in the amount of $2500 per month, still a favorable lease rate. The new contract exceeds administrative thresholds and, therefore, requires Agency Board action. FISCAL IMPACT: The lease agreement costs for $30,000 ($2500 per month) will be funded through the Old Town Implementation Plan (280-199-999-5362). Attachments: Billboard Lease R:\Oldtown'~Billboard~billboardstaffreport.doc ORDER FOR PAIN'r~.~ BUZ ~,k'~TIN DISPLAY 175 sou~ c sttoet, ~ floor, tustin, ca 92780, (714) 8218-9026. fax (714) 730-5461 adams advertising, inc. Advmlm: Temecula Redevelopment Agency A~ncy: None Product: Old Town Tmeculn Paintings/Vinyls Annually: One (1) Ce~tra~ No.: 017N-437 Date: April 1, 2003 St~utDate: July 1, 2003 l~xpirat/on l~t~: June 30, 2004 or copy agreed upon and n~ntMn same f~r a period of Twelve (12~ ~,~~~ Julv 1. 2~3. ~ ~ ~hy ~ ~, ~ ~ ~ ~ ~ ~ ~ l~ ~ ~e!~ ~ ~ ~ ~ ~y ~t b ~ ~ ~ ~ ~ ~ 15 ~ ~ ~ of ~v~. ~ ~ of ~ ~ ~ ~ ~ ~ ~ ~0 ~o~nd ~ve Sun~ ~ ~/1~ ~ h ~ ~y of b U~ S~ ~ ~ ~ ~elve (~) ~, ~ ~y h ~ plm my ~ ~ ~ ~ ~ ~ ~ ~y ~ ~ ~ ~ ~ ~ ~v~ ~ ~y ~ A~g, ~. ~ ~ ~ ~ ~ of~ ~ (10~) ~ ~m of~y ~y ~y~t ~ ~ of fi~ (1~ ~ys ~t. L~A~ON ~ON ~A~ ~ P~ ~R ~O~ ~d NO. 01~ Y~ 10' x ~' ~,~.~ N~ In~ ]~ w~t~ne .7 ~1~ sou~ of~o C~ifo~a Road Fa~ n~ T~ ~ ~o (2) ~ ~ ~ ~. ~ut~~ $ 25.~ ~f~ ~ m~ ~t~ m ~ ~v~, ~. ~ ~ ~f(l~) ~ m ~ f~. d~ ~ ~ offS. ~ ~ ~ofmy ~y ~hyM~ ~ ~ ~. ~M~ m a ~ ~ (10%) ~ A~ ~ ~ ~e ~ of i~ ~ ~ ~H~ ~ ~s ~ ~l~g ~ ~H~ m ~y ~ ~ ~ ~ ~ ~S AO~B~ ~ BE SIG~ BY ADAMS ADVI~TISING INC. Agency: Authorized Agency Signature: Date: Leg~lA Name of dvmi~, Temeculn Redevelopment Agency PdntName/Tifle: Shawn D. Nelson, Executive Director DMe: Add~as: Post Office Box 9033 City, State, Zip: Temeeula, CA 92589 Tdeplme No.: (909) 6946412 FaxNo.: (909) 693-3903 Federal ?a~ I.D. No.: Full, Legal Name of Company or Entity: Legal Status: FI Corporation [] Partnership ri Sole Proprietorship State of incorporation ITEM 3 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINA~P~.~.~ CITY MANAGER /--~' / '' CITY OF TEMECULA/TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT City Council/Director/Agency Members Jim O'Grady, Assistant City Manager July 22, 2003 Sale of Agency Property - 27500 Jefferson Avenue RECOMMENDATION: That the City Council: 1. Adopt a Resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY OF TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BE'I3NEEN THE CITY AND GIANT RV 2. That the Temecula Redevelopment Agency Board adopt a Resolution entitled: RESOLUTION NO. RDA 03- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND GIANT RV BACKGROUND: The Temecula Redevelopment Agency owns property at 27500 Jefferson Avenue, which has been leased for automobile sales/service as well as RV sales/service for approximately 10 years. Recently Temecula Valley Mitsubishi had leased this property, and Norm Reeves is currently leasing this property on an interim basis for car storage. The Agency has previously 3rovided direction to sell this property and to negotiate a sales agreement with Giant RV. Staff has worked with the Owner and Representative for Giant RV on such an agreement and recommends approval of the attached Agreement and Escrow Instructions. Key points of this agreement include: · Purchase price of $2 million, with deposit of $200,000 · Anticipated close of escrow on September 25, 2003 · Buyer and Seller each pay customary closing costs · Agency will assign its rights for cleanup of the previous soil contamination on this site which is currently being provided by the Donna Reeves Trust · Giant RV will continuously operate the property as sales and service facility for new and used Class "A" and Class "C" motor homes for a minimum 3-year period. If Giant does not do this, the Agency has the right to repurchase the property. R:~REDEV~27500Jefferson~STAFF REPORT FOR PURCHASE AND SALE.doc FISCAL IMPACT: Approval of this agreement will result in revenue to the Agency of $2,000,000 less normal closing costs. No broker's commissions are involved. The Agency will no longer receive lease income for this property. ATI'ACHMENT: Resolutions Agreement of Purchase and Sale and Joint Escrow Instructions R:'uREDEV~27500Jefferson~STAFF REPORT FOR PURCHASE AND SALE.doc 2 FISCAL IMPACT: Approval of this agreement will result in revenue to the Agency of $2,000,000 less normal closing costs. No broker's commissions are involved. The Agency will no longer receive lease income for this property. A'FrACHMENT: Resolutions Agreement of Purchase and Sale and Joint Escrow Instructions C.'~DOCUMENTS AND SETTINGS~SYERSK~LOCAL SETTINGStTEMP~AGENDA REPORT - SALE AGREEMENT TO GIANT RV, 07-22-03. D0C7/15/03 RESOLUTION NO. RDA 03- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND GIANT RV 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 Redevelopment Agency of the City of Temecula ("Agency") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temecula. B. On July 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11,91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91- 15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. C. The Disposition and Development Agreement ("Agreement") approved by this Resolution is intended to effectuate the Redevelopment Plan for the Agency's Redevelopment Project Area No. 1988-1, as amended, by selling certain real property to be used by the Developer to develop an RV sales facility located at 27500 Jefferson Avenue (APN 910-310-007). D. The Agreement is also intended to effectuate the objectives of the Agency and the City of Temecula (the "City") in complying with the purposes of the Plan to eliminate blight and to encourage development with employment opportunities in their Project Area and Safety Code of California and the goals of the Temecula General Plan. The Agreement is consistent with the Agency's Implementation Plan for the Project. The Developer's development of the Project and the fulfillment generally of this Agreement are in the best interest of the City and the welfare of its residents, and in accordance with the public purposes and provisions of applicable federal, state, and local laws and requirements. R:\R ED EV~.7500Jefferson\GiantRVRDAR ESO.DOC E. Pursuant to the provisions of Health & Safety Code Sections 33430, 33431 and 33433, on July 8, 2003 the Agency noticed the approval of the proposed Disposition and Development Agreement with Developer. F. Pursuant to the requirements of Health & Safety Code Section 33433, a comprehensive report summarizing and analyzing the proposed Disposition and Development Agreement. The report specifically contains the information required by Section 33433 and has been prepared within the time limit set forth therein and made available for public review from the date of the first publication of the notice of public hearing. G. The Agreement is consistent with the Redevelopment Plan and the Implementation Plan adopted by the Agency for the Project Area adopted by the Agency. H. The redevelopment of the Project site as provided in the Agreement and is consistent with the City's General Plan. i. The Agency is specifically authorized by Health & Safety Code Sections 33430, 33431 and 33433, and other applicable law, to enter into the Disposition and Development Agreement. J. 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. K. This Agreement pertains to and affects the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 53511. L. Pursuant to Sections 33132, 33133, and 33600 of the CRL, the Agency may accept financial or other assistance from any public or private source, for the Agency's activities, powers, and duties, and expend any funds so received for any of the purposes of the CRL. Section 2. The sale of the property to Giant RV is not a project within the meaning of Section 15378 of the CEQA Guidelines because there will be no change in the physical environment. The action only provides for a change in ownership and not a change in use. Even if a project under CEQA is continued on existing use without change and would therefore, be exempt under Section 15301 of the CEQA Guidelines. Additionally, since the use is continued without change in urban area, it is an "in-fill project" and is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15332 of the CEQA Guidelines (Title 14 of the California Code of Regulations). The Executive Director of the Agency is directed to file a Notice of Exemption of this action as required by CEQA and the CEQA Guidelines. Section 3. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain agreement entitled "Disposition and R:\R ED EV~.7500Jefferson\Giant RV RDAR ESO.DOC 2 Development Agreement" by and Between Temecula Redevelopment Agency and Giant RV with such changes in such document as may be mutually agreed upon by the Developer and the Agency Executive Director as is in substantial conformance with the form of such Agreement which on file in the Office of the Agency Secretary. The Chairperson of the Agency is hereby authorized to execute the Agreement, including related exhibits and attachments on behalf of the Agency. A copy of the final Agreement when executed by the Agency Chairperson shall be placed on file in the Office of the Secretary of the Agency. Section 4. The Executive Director of the Agency (or his designee), is hereby authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the Agency's obligations, responsibilities and duties to be performed under the Agreement and related documents, including but not limited to the Promissory Note, Deed of Trust, Regulatory Agreement, acceptances, escrow instructions, certificates of completion and such other implementing agreements and documents as contemplated or described in the Agreement. Section 5. Resolution. The Secretary of the Agency shall certify the adoption of this R:\R EDEW27500Jefferson\Giant RV RDAR ESO.DOC 3 PASSED, APPROVED AND ADOPTED by the Board of Directors of the Redevelopment Agency of the City of Temecula on July 22, 2003. ATTEST: Ron Roberts, Chairperson Susan Jones, CMC Agency Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA SS I, Susan Jones, CMC, Secretary of the Redevelopment Agency of the City of Temecula, do hereby certify that the Resolution No. RDA 03- was duly and regularly adopted by the Board of Directors of the Redevelopment Agency of the City of Temecula at a regular meeting thereof, held on July 22, 2003, by the following vote, to wit: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: SUSAN JONES, CMC SECRETARY R:\REDEV~27500Jefferson\GiantRVRDAR ESO.DOC 4 RESOLUTION NO. RDA 03-.__ A RESOLUTION OF THE CITY OF TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY AND GIANT RV THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby finds, determines and declares that: A. The City of Temecula ("City") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temecula. B. On July 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91- 15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. C. The Disposition and Development Agreement ("Agreement") approved by this Resolution is intended to effectuate the Redevelopment Plan for the Agency's Redevelopment Project Area No. 1988-1, as amended, by selling certain real property to be used by the Developer to develop an RV sales facility on the Agency owned property located at 27500 Jefferson Avenue (APN 910- 310-007). D. The Agreement is also intended to effectuate the objectives of the Agency and the City of Temecula (the "City") in complying with the purposes of the Plan to eliminate blight and to encourage development with employment opportunities in the Project Area and Safety Code of California and the goals of the Temecula General Plan. The Agreement is consistent with the Agency's Implementation Plan for the Project Area. The Developer's development of the Project and the fulfillment generally of this Agreement are in the best interest of the City and the welfare of its residents, and in accordance with the public purposes and provisions of applicable federal, state, and local laws and requirements. RAREDEV~27500Jeffe~on~giantrvCITYreso. DOC I E. Pursuant to the provisions of Health & Safety Code Sections 33430, 33431 and 33433, on July 8, 2003 the Agency noticed the approval of the proposed Disposition and Development Agreement with Developer. F. Pursuant to the requirements of Health & Safety Code Section 33433, a comprehensive report summarizing and analyzing the proposed Disposition and Development Agreement. The report specifically contains the information required by Section 33433 and has been prepared within the time limit set forth therein and made available for public review from the date of the first publication of the notice of public hearing. G. The Agreement is consistent with the Redevelopment Plan and the Implementation Plan adopted by the Agency for the Project Area adopted by the Agency. H. The redevelopment of the Project site as provided in the Agreement and is consistent with the City's General Plan. I. The City is specifically authorized by Health & Safety Code Sections 33430, 33431 and 33433, and other applicable law, to enter into the Disposition and Development Agreement. J. The City Council 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. K. This Agreement pertains to and affects the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 53511. L. Pursuant to Sections 33132, 33133, and 33600 of the CRL, the Agency may accept financial or other assistance from any public or private source, for the Agency's activities, powers, and duties, and expend any funds so received for any of the purposes of the CRL. Section 2. The sale of the property to Giant RV is not a project within the meaning of Section 15378 of the CEQA Guidelines because there will be no change in the physical environment. The action only provides for a change in ownership and not a change in use. Even if e project under CEQA is continued on existing use without change and would therefore, be exempt under Section 15301 of the CEQA Guidelines. Additionally, since the use is continued without change in urban area, it is an "in-fill project" and is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15332 of the CEQA Guidelines (Title 14 of the California Code of Regulations). The City Manager is directed to file a Notice of Exemption of this action as required by CEQA and the CEQA Guidelines. Section 3. The City of Temecula hereby approves that certain agreement entitled "Disposition and Development Agreement" by and Between The City of R:~R BDEVX275005efferson\giantrvCITYreso,DOC 2 Temecula and Giant RV with such changes in such document as may be mutually agreed upon by the Developer and the City Manager as is in substantial conformance with the form of such Agreement which on file in the Office of the City Clerk. The Mayor of the City is hereby authorized to execute the Agreement, including related exhibits and attachments on behalf of the Agency. A copy of the final Agreement when executed by the Mayor shall be placed on file in the Office of the City Clerk. Section 4. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the City's obligations, responsibilities and duties to be performed under the Agreement and related documents, including but not limited to the Promissory Note, Deed of Trust, Regulatory Agreement, acceptances, escrow instructions, certificates of completion and such other implementing agreements and documents as contemplated or described in the Agreement. Section 5. The City Clerk shall certify the adoption of this Resolution. R:~REDEVX27500Jefferson\giantrvCITYreso. DOC 3 PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on July 22, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA SS I, Susan Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the Resolution No. RDA 03- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on July 22, 2003, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: SUSAN JONES, CMC CITY CLERK R:~REDEVL27500Jefferson\giantrvClTYreso. DOC 4 TO': AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS First American Title Insurance Company 3625 14th Street Riverside, California 92501 ("Escrow Holder") Escrow No. Escrow Officer: Ms. Debra Newton Title Order No. Title Officer: Mr. Bill Callanan This AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS ("Agreement") is made and entered into as of this day of June, 2003, (the "Effective Date") by and between the Redevelopment Agency of the City of Temecula ("Seller"), and BEHZAD BAROUTI and NASSER ETEBAR, individuals, as tenants in common ("Buyer"), with respect to the following: RECITALS: A. Seller is the owner of that certain real property located in the City of Temecula ("City"), County of Riverside, State of California, located at 27500 Jefferson Road, consisting of improved land (the "Land"), all of which is described on Exhibit "A" attached hereto, together with three (3) commercial building(s), associated parking areas and other improvements located thereon (the "Improvements"). The Land, together with the Improvements, shall hereinafter be collectively referred to as the "Property." C. Seller desires to sell the Property to Buyer and Buyer desires to purchase the Property from Seller upon the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained and the Recitals which are incorporated herein by this reference and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer hereby agree that the terms and conditions of this Agreement and the instructions to Escrow Holder with regard to the escrow ("Escrow") created pursuant hereto are as follows: AGREEMENT: 1. Purchase and Sale. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, upon the terms and conditions herein set forth. 2. Purchase Price. The purchase price ("Purchase Price") for the Property shall be Two Million Dollars ($2,000,000.00). 3. Payment of Purchase Price. The Purchase Price for the Property shall be paid by Buyer as follows: (a) Deposit. Upon the "Opening of Escrow" (as defined in Paragraph 4(a) below), Buyer shall deposit, or cause to be deposited with Escrow Holder, in cash, l1087-0001\736174v4.doc by certified or bank cashier's check made payable to Escrow Holder, or by a confirmed wire transfer of funds (hereinafter referred to as "Immediately Available Funds"), the sum of Two Hundred Thousand Dollars ($200,000.00) (the "Deposit"). Escrow Holder shall place the Deposit in an interest bearing account. The Deposit shall be applicable to the Purchase Price upon the "Close of Escrow" (as defined in Paragraph 4(b) below) and upon the expiration of the "Contingency Period" (as defined in Paragraph 7(a)(i) below) shall be nonrefundable to Buyer unless Seller fails to convey the Property to Buyer as provided herein and such failure constitutes a default by Seller hereunder. Subject to the terms of sections 7 and 16 hereof, interest on the Deposit shall accrue for the benefit of Seller. (b) Closing Funds. At least one (1) business day prior to the Close of Escrow, Buyer shall deposit or cause to be deposited with Escrow Holder, in hnmediately Available Funds, the balance of the Purchase Price plus Escrow Holder's estimate of Buyer's share of closing costs, prorations and charges payable pursuant to this Agreement. 4. Escrow. (a) Opening of Escrow. For purposes of this Agreement, the Escrow shall be deemed opened on the date Escrow Holder shall have received a fully executed original or originally executed counterparts of this Agreement from Seller and Buyer (the "Opening of Escrow"). Escrow Holder shall notify Buyer and Seller, in writing, of the date Escrow is opened. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder or other instruments as may reasonably be required by Escrow Holder in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, amend or supersede any portions of this Agreement. To the extent of any inconsistency between the provisions of such supplemental instructions and the provisions of this Agreement, the provisions of this Agreement shall control. (b) Close of Escrow. For purposes of this Agreement, the "Close of Escrow" shall be defined as the date that the grant deed ("Grant Deed"), generally in the form of which is attached hereto as Exhibit "C", conveying the Property to Buyer, is recorded in the Official Records of the Riverside County, California Recorder's Office (the "Official Records"). Unless extended in writing by Buyer and Seller, this Escrow shall close on or before September 25, 2003 (the "Closing Date"). (c) Notification Obligation of Escrow. Escrow hereby agrees for the benefit of Seller to promptly notify Seller in the event that Buyers does not comply with any of the provisions of this Agreement that require delivery of documents, funds or notices to Escrow. 5. Condition of Title. It shall be a condition to the Close of Escrow for the benefit of Buyer and Seller that title to the Property shall be conveyed to Buyer by the Grant Deed subject to the following condition of title ("Condition of Title"): 11087-0001\736174v4.doc -2- (a) a lien to secure payment of general and special real property taxes and assessments, not delinquent; (b) the lien of supplemental taxes assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code; (c) matters affecting the Condition of Title created by or with the written consent of Buyer or which do not materially and deleteriously affect Buyer's contemplated use of the Property; (d) all matters which are or would be disclosed by the "Survey" (as defined in Paragraph 7(a)(ii) below) of the Property which are approved or deemed approved by Buyer as provided therein; (e) all exceptions which are disclosed by the "Report" described in Paragraph 7(a)(ii) below which are approved or deemed approved by Buyer as provided therein; (f) all matters which would be disclosed by a physical inspection of the Property or which in any way affect title to the Property resulting from acts or omissions of Buyer; and (g) all applicable laws, ordinances, rules and governmental regulations (including, but not limited to, those relative to building, zoning and land use) affecting the development, use, occupancy or enjoyment of the Property. 6. Title Policy. Title shall be evidenced by the willingness of Escrow Holder in its capacity as title insurer ("Title Company") to issue its CLTA Owner's Form Policy of Title Insurance ("Title Policy") in the amount of the Purchase Price showing title to the Property vested in Buyer, subject to the Condition of Title. 7. Conditions to Close of Escrow. (a) Conditions to Buyer's Obligations. Buyer's obligation to consummate the transaction contemplated by this Agreement is subject to the satisfaction of the following conditions for Buyer's benefit (or Buyer's waiver thereof, it being agreed that Buyer may waive any or all of such conditions) on or prior to the dates designated below for the satisfaction of such conditions. In the event Buyer terminates this Agreement and the Escrow due to the nonsatisfaction of any of such conditions, then Buyer shall be entitled to the return of the Deposit and all interest accrued thereon and both Seller and Buyer shall be relieved of all further obligations and liabilities under this Agreement (except for the indemnity and insurance obligations of Buyer set forth in Paragraph 7(a)(i)(A) below and the covenants of Buyer set forth in Paragraph 22(a) below, which shall survive any such termination). (i) Contingency Matters. Buyer shall have until 5 p.m. on that date which is thirty (30) days following the Opening of Escrow (such period of 11087-0001 \736174v4.doc -3 - time shall be referred to herein as the "Contingency Period") to satisfy itself, in Buyer's sole and absolute discretion, as to the following matters: (A) Buyer's Review of the Property and Related Matters. Buyer shall be satisfied with all aspects of the Property and its condition and suitability for Buyer's intended use thereof, including, without limitation, the environmental condition of the Property, the presence or absence of Hazardous Materials (as defined herein) on the Property, the zoning for the Property and the availability of all permits, licenses, variances and the like necessary for Buyer's intended use of the Property. During the term of this Escrow, Buyer, its agents, contractors and subcontractors shall have the right to enter upon the Property, at reasonable times during ordinary business hours following not less than twenty-four (24) hours prior notice to Seller, at Buyer's cost, to make such inspections, surveys (including, without limitation, a new ALTA survey) and tests as may be necessary in Buyer's discretion, including, without limitation, soils tests, toxic waste analysis, geological and/or engineering studies and land use or related studies; provided, however, if Buyer proposes to make any tests in connection with any Phase II environmental report or any other tests which involve drilling, boring or other similar intrusive or invasive action on or under the Property, then Buyer shall obtain Seller's written consent prior to making any such tests, which consent may be withheld in Seller's sole, absolute and subjective discretion. Buyer shall use care and consideration in connection with any of its inspections or tests and Seller shall have the right to be present during any inspection of the Property by Buyer or its agents. Buyer shall restore the Property to its original condition after any and all tests and/or inspections. Buyer hereby indemnifies, protects, defends (with counsel chosen by Seller) and holds Seller and the Property free and harmless from and against any and all claims, costs, losses, liabilities, damages, lawsuits, judgments, actions, proceedings, penalties, demands, attorneys' fees, mechanic's liens, or expenses of any kind or nature whatsoever, arising out of or resulting from (i) any entry and/or activities upon the Property by Buyer, Buyer's agents, contractors and/or subcontractors, and/or the contractors and subcontractors of such agents, or (ii) from the enforcement of this agreement of indenmity or the assertion by Buyer of any defense to its obligations hereunder. Prior to any entry upon the Property by Buyer's agents, contractors, subcontractors or employees, for the purposes of such investigations, Buyer shall deliver to Seller an original endorsement to Buyer's commercial general liability insurance policy which evidences that Buyer is carrying a commercial general liability insurance policy with a financially responsible insurance company acceptable to Seller, covering (i) the activities of Buyer, and Buyer's agents, contractors, subcontractors and employees on or upon the Property, and (ii) Buyer's indemnity obligation contained in this Paragraph 7(a)(i)(A). Such endorsement to 11087-0001\736174v4.doc -4- such insurance policy shall evidence that such insurance policy shall have a per occurrence limit of at least One Million Dollars ($1,000,000) and an aggregate limit of at least Two Million Dollars ($2,000,000), shall name Seller as an additional insured, shall be primary and noncontributing with any other insurance available to Seller and shall contain a full waiver of subrogation clause. (B) Review and Approval of Documents and Materials. Seller has previously delivered to Buyer or will, upon written request, deliver to Buyer those documents and materials respecting the Property set forth below (the "Documents and Materials"). The failure of Buyer to disapprove any of the Documents and Materials on or before the expiration of the Contingency Period shall be deemed to constitute Buyer's approval thereof: (a) Soils and Engineering Reports. All existing and available soils, environmental and building reports and engineering data pertaining to the Property and any and all architectural studies, grading plans, topographical maps and similar data regarding the Property in Seller's possession, if any; and (b) Leases and Contracts. Copies of all material service and maintenance contracts and leases (and amendments thereto) made by Seller currently in effect with respect to the Property in Seller's possession, if any, and any terminations of such contracts and leases (the "Contracts"). Prior to the expiration of the Contingency Period, Buyer shall designate which contracts, if any, Buyer approves and agrees to assume at the Close of Escrow. If, during the Contingency Period, Buyer determines that it is dissatisfied, in Buyer's reasonable discretion, with any aspects of the Property and/or its condition or suitability for Buyer's intended use or with any of the Documents and Materials, then Buyer may terminate this Agreement and the Escrow created pursuant hereto by delivering written notice to Seller and Escrow Holder on or before the expiration of the Contingency Period of Buyer's election to terminate, in which event: (i) this Agreement and the Escrow created pursuant hereto shall terminate and be of no further force or effect (except for the indemnity and insurance obligations of Buyer contained above in Paragraph 7(a)(i)(A) and the covenants of Buyer set forth in Paragraph 22(a) below, which shall survive any such termination), (ii) Escrow Holder shall return to Buyer the Deposit and all interest accrued thereon (less Buyer's share of escrow cancellation charges), and (iii) Buyer shall return to Seller all Documents and Materials previously delivered to Buyer by Seller. If Buyer fails to deliver any such termination notice to Seller and Escrow Holder on or l1087-0001W36174v4.doc -5- before the expiration of the Contingency Period, then Buyer shall be deemed to be satisfied with all aspects of the Documents and Materials and with all aspects of the Property, including, without limitation, the condition and suitability of the Property for Buyer's intended use. (ii) Buyer's Review of Title. Buyer shall have until that date which is twenty (20) days after Buyer's receipt of the "Report" and the "Survey" (as defined hereinbelow) (the "Title Review Period") to approve (A) a standard preliminary report from the Title Company with respect to the Land, together with the underlying documents relating to the Schedule B exceptions set forth in such report (collectively, the "Report") and (B) the most recent survey of the Property which is in Seller's possession, if any (the "Survey"). Buyer shall have until the end of the Title Review Period to give Seller and Escrow Holder written notice ("Buyer's Title Notice") of Buyer's disapproval or conditional approval of any matters shown in the Report or disclosed by the Survey to the extent the same differs from the Condition of Title. The failure of Buyer to give Buyer's Title Notice on or before the end of the Title Review Period shall be deemed to constitute Buyer's approval of the condition of title to the Property. If Buyer disapproves or conditionally approves any matter of title shown in the Report, then Seller may, but shall have no obligation to, within thirty (30) days after its receipt of Buyer's Title Notice ("Seller's Election Period"), elect to eliminate or ameliorate to Buyer's satisfaction the disapproved or conditionally approved title matters by giving Buyer written notice ("Seller's Title Notice") of those disapproved or conditionally approved title matters, if any, which Seller agrees to so eliminate or ameliorate by the Closing Date. If Seller does not elect to eliminate or ameliorate any disapproved or conditionally approved title matters, or if Buyer disapproves Seller's Title Notice, or if Seller fails to timely deliver Seller's Title Notice, then Buyer shall have the right, upon delivery to Seller and Escrow Holder (on or before five (5) days following the expiration of Seller's Election Period) of a written notice, to either: (A) waive its prior disapproval, in which event said disapproved matters shall be deemed approved; or (B) terminate this Agreement and the Escrow created pursuant hereto. Failure to take either one of the actions described in (A) and (B) above shall be deemed to be Buyer's election to take the action described in (A) above. If, in Seller's Title Notice, Seller has agreed to either eliminate or ameliorate to Buyer's satisfaction by the Closing Date certain disapproved or conditionally approved title matters described in Buyer's Title Notice, but Seller is unable to do so, then Buyer shall have the right (which shall be Buyer's sole and exclusive right or remedy for such failure), upon delivery to Seller and Escrow Holder (on or before one (1) business day prior to the Closing Date) of a written notice to either: (x) waive its prior disapproval, in which event said disapproved matters shall be deemed approved; or (y) terminate this Agreement and the Escrow created pursuant hereto, in which event Buyer shall be entitled to the return of the Deposit, together with all interest accrued thereon while in Escrow. Failure to take either one of the actions described in (x) and (y) above shall be deemed to be Buyer's election to take the action described in (x) above. In the event this Agreement is terminated by Buyer pursuant to the provisions of this Paragraph 7(a)(ii), neither party shall have any l1087-0001\736174v4.doc -6- further rights or obligations hereunder except that the indemnity and insurance obligations of Buyer set forth in Paragraph 7(a)(i)(A) above and the covenants of Buyer set forth in Paragraph 22(a) below shall survive any such termination. (iii) Seller's Obligations. As of the Close of Escrow, Seller shall have performed all of the obligations required to be performed by Seller under this Agreement. (b) Conditions to Seller's Obligations. For the benefit of Seller, unless waived by Seller, the Close of Escrow shall be conditioned upon Buyer having timely performed all of the obligations required by the terms of this Agreement to be performed by Buyer. 8. Deposits by Seller. At least one (1) business day prior to the Close of Escrow, Seller shall deposit or cause to be deposited with Escrow Holder the following documents and instruments: (a) Grant Deed. A counterpart of the Grant Deed, in the form attached hereto as Exhibit "B,, duly executed by Seller and acknowledged; (b) Seller's Certificate of Non-Foreign Status. A certificate of non- foreign status in the form attached hereto as Exhibit "C" ("Firpta Certificate") as to the federal form, and California State Form FTB 590-RE, duly executed by Seller; (c) Contracts. Any and all original Contracts; (d) Assignment of Contracts and Assumption Agreement. An Assignment of Contracts and Assumption Agreement ("Assignment of Contracts"), duly executed by Seller, in the form attached hereto as Exhibit "D'~, pursuant to which Seller shall assign to Buyer all of Seller's right, title and interest in, under and to the Contracts; (e) Bill of Sale. A Bill of Sale ("Bill of Sale"), duly executed by Seller in the form attached hereto as Exhibit "E", conveying all of Seller's right, title and interest in and to any personal property owned by Seller which is used exclusively in connection with the operation and/or maintenance of the Property. 9. Deposits by Buyer. Buyer shall deposit or cause to be deposited with Escrow Holder the Deposit which is to be applied towards the payment of the Purchase Price and the balance of the Purchase Price in the amounts and at the times set forth in Paragraph 3 above. In addition, Buyer shall deposit with Escrow Holder prior to the Close of Escrow the following documents and instruments: (a) Grant Deed. A counterpart of the Grant Deed, duly executed by Buyer and acknowledged; (b) Assignment of Contracts. Counterpart of the Assignment of Contracts, duly executed by Buyer; and 11087-0001 \736174v4.doc -7- (c) .Bill of Sale. Counterpart of the Bill of Sale, duly executed by Buyer. 10. Costs and Expenses. Seller will pay the cost of the CLTA portion of the Buyer's title insurance policy (excluding endorsements), documentary transfer taxes, recording charges (if any) and half of the Escrow Holder's fees and charges. Buyer will pay for the ALTA portion (if any) of the Buyer's title insurance policy, all title insurance endorsements and one half of the Escrow Holder's fees and charges. If, as a result of no fault of Buyer or Seller, Escrow fails to close, Buyer and Seller shall share equally all of Escrow Holder's fees and charges. 11. Prorations. The following prorations shall be made between Seller and Buyer on the Close of Escrow, computed as of the Close of Escrow: (a) Taxes and Assessments. Real and personal property taxes and assessments on the Property (to the extent same are not already paid directly by Buyer) shall be prorated on the basis that Seller is responsible for: (i) all such taxes for the fiscal year of the applicable taxing authorities occurring prior to the "Current Tax Period" (as hereinafter defined), and (ii) that portion of such taxes for the Current Tax Period determined on the basis of the number of days which have elapsed from the first day of the Current Tax Period to the Close of Escrow, inclusive, whether or not the same shall be payable prior to the Close of Escrow. The phrase "Current Tax Period" refers to the fiscal year of the applicable taxing authority in which the Close of Escrow occurs. In the event that as of the Close of Escrow the actual tax bills for the year or years in question are not available and the amount of taxes to be prorated as aforesaid cannot be ascertained, then rates and assessed valuation of the previous year, with known changes, shall be used, and when the actual amount of taxes and assessments for the year or years in question shall be determinable, then such taxes and assessments will be reprorated between the parties to reflect the actual amount of such taxes and assessments. (b) Rents and Security Deposits. Rent and other receivables, if any, (collectively, "Rents") shall be prorated as of the Close of Escrow, except that Seller shall, in its good faith discretion, deal with security deposits under leases as required or permitted by such leases. (c) Utilities. Gas, water, electricity, heat, fuel, sewer and other utilities and the operating expenses relating to the Property shall be prorated as of the Close of Escrow. If the parties hereto are unable to obtain final meter readings as of the Close of Escrow then such expenses shall be estimated as of the Close of Escrow on the prior operating history of the Property. At least one (1) business day prior to the Close of Escrow the parties hereto shall agree upon all of the prorations to be made and submit a statement to the Escrow Holder setting forth the same. In the event that any prorations, apportionments or computations made under this Paragraph 11 shall require final adjustment, then the parties hereto shall make the appropriate adjustments promptly when accurate information becomes available and either party l1087-0001\736174v4,doc -8- hereto shall be entitled to an adjustment to correct the same. Any corrected adjustment or proration will be paid in cash to the party entitled thereto. 12. Disbursements and Other Actions by Escrow Holder. Upon the Close of Esdrow, Escrow Holder shall promptly undertake all of the following in the manner indicated: (a) Prorations. Prorate all matters referenced in Paragraph 11 based upon the statement delivered into Escrow signed by the parties. (b) Recording. Cause the Grant Deed and any other documents which the parties hereto may mutually direct, to be recorded in the Official Records. (c) Funds. Disburse from funds deposited by Buyer with Escrow Holder towards payment of all items chargeable to the account of Buyer pursuant hereto in payment of such costs, including, without limitation, the payment of the Purchase Price to Seller, and disburse the balance of such funds, if any, to Buyer. Buyer. (d) Title Policy. Direct the Title Company to issue the Title Policy to (e) Documents to Seller. Deliver to Seller counterparts of the Assignment of Contracts and Bill of Sale executed by Buyer. (f) Documents to Buyer. Deliver to Buyer the Contracts, the Firpta Certificate, Form FTB 590-RE, and the Assignment of Contracts and the Bill of Sale executed by Seller. 13. Seller's Representations and Warranties. In consideration of Buyer entering into this Agreement and as an inducement to Buyer to purchase the Property from Seller, Seller hereby makes the following representations and warranties to Buyer as of the date of this Agreement, each of which is material and being relied upon by Buyer: (a) Authority. Seller has the legal right, power and authority to enter into this Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Agreement have been duly authorized and no other action by Seller is requisite to the valid and binding execution, delivery and performance of this Agreement, except as otherwise expressly set forth herein. (b) Foreign Person Affidavit. Seller is not a foreign person as defined in Section 1445 of the Internal Revenue Code. (c) Contracts. To Seller's actual knowledge, except for the Contracts and the documents disclosed by the Condition of Title or provided to Buyer, Seller has entered into no service or maintenance contracts or leases affecting the Property. The "actual knowledge" of the Seller, as used in this Paragraph 13, means the actual, present knowledge of the Executive Director as of the date of this Agreement, without any investigation or inquiry of any kind or nature whatsoever. 11087-0001 \736174v4.doc -9- 14. Buyer's Covenants, Representations and Warranties. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following covenants, representations and warranties, each of which is material and is being relied upon by Seller: (a) Authority. Buyer has the legal right, power and authority to enter into this Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Agreement have been duly authorized and no other action by Buyer is requisite to the valid and binding execution, delivery and performance of this Agreement, except as otherwise expressly set forth herein. (b) Seller's Environmental Inquiry. Buyer acknowledges and agrees that the sole inquiry and investigation Seller has conducted in connection with the environmental condition of the Property is to obtain the certain environmental report(s) described in Exhibit "F" attached hereto, and that, for purposes of California Health and Safety Code Section 25359.7, Seller has acted reasonably in solely relying upon said inquiry and investigation. (c) As Is. Buyer is acquiring the Property "AS IS" without any representation or warranty of Seller, express, implied or statutory, as to the nature or condition of or title to the Property or its fitness for Buyer's intended use of same. Buyer is, or as of the expiration of the Contingency Period will be, familiar with the Property. Buyer is relying solely upon, and as of the expiration of the Contingency Period will have conducted, its own, independent inspection, investigation and analysis of the Property as it deems necessary or appropriate in so acquiring the Property from Seller, including, without limitation, an analysis of any and all matters concerning the condition of the Property and its suitability for Buyer's intended purposes, and a review of all applicable laws, ordinances, rules and governmental regulations (including, but not limited to, those relative to building, zoning and land use) affecting the development, use, occupancy or enjoyment of the Property. Without limiting the generality of the foregoing, Buyer hereby expressly waives and relinquishes any and all rights and remedies Buyer may now or hereafter have against Seller, whether known or unknown, with respect to any past, present or future presence or existence of "Hazardous Materials" (as herein defined) on, under or about the Property or with respect to any past, present or future violations of any rules, regulations or laws, now or hereafter enacted, regulating or governing the use, handling, storage or disposal of Hazardous Materials, including, without limitation: (i) any and all rights Buyer may now or hereafter have to seek contribution from Seller under Section 113(f)(i) of the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C.A. §9613), as the same may be further amended or replaced by any similar law, rule or regulation, (ii) any and all rights Buyer may now or hereafter have against Seller under the Carpenter-Presley-Tanner Hazardous Substance Account Act (California Health and Safety Code, Section 25300 et seq.), as the same may be further amended or replaced by any similar law, role or regulation, (iii) any and all claims, whether known or unknown, now or hereafter existing, with respect to the Property under 11087-0001\736174v4.doc -10- Section 107 of CERCLA (42 U.S.C.A. §9607); and (iv) any and all claims Buyer may now or hereafter have, whether known or unknown, now or hereafter existing, based upon nuisance, trespass or any other common law or statutory provision. As used herein, the term "Hazardous Material(s)" includes, without limitation, any hazardous or toxic materials, substances or wastes, such as (A) those materials identified in Sections 66680 through 66685 and Sections 66693 through 66740 of Title 22 of the California Administrative Code, Division 4, Chapter 30, as amended from time to time, (B) those materials defined in Section 255010) of the California Health and Safety Code, (C) any materials, substances or wastes which are toxic, ignitable, corrosive or reactive and which are regulated by any local governmental authority, any agency of the state of California or any agency of the United States Government, (D) asbestos, (E) petroleum and petroleum based products, (F) urea formaldehyde foam insulation, (G) polychlorinated biphenyls (PCBs), and (H) freon and other chlorofluorocarbons. In addition, notwithstanding any other provision to the contrary in this Agreement, nothing in this Agreement shall limit, restrict or curtail any obligation of Buyer to (i) indemnify, protect and hold harmless Seller from a loss arising out of the environmental condition of the Property or (ii) any obligation to remediate the environmental condition of the Property. BUYER HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 ("SECTION 1542"), WHICH IS SET FORTH BELOW: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TLME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." BY INITIALING BELOW, BUYER HEREBY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOiNG WAIVERS AND RELEASES: Buyer's Initials The waivers and releases by Buyer herein contained shall survive the Close of Escrow and the recordation of the Grant Deed and shall not be deemed merged into the Grant Deed upon its recordation. (d) Effective as of the Close of Escrow, Seller assigns to Buyer, without representation or warranty express or implied (except as set forth below in this subsection (d), the nonexclusive rights of Seller under Section 12.2 of that certain Lease Agreement dated January 25, 1994 between Seller, as lessor, and Donna L. Reeves Trust 11087-0001\736174v4.doc - 1 1 - UTD 7-25-90, as lessee (as supplemented by Sections 23.7 and 23.11 of said Lease Agreement). Seller and Buyer agree to reasonably cooperate with each other in enforcing such rights against the lessee under said Lease Agreement for the benefit of both Buyer and Seller, provided that the attorneys' fees and costs of the cooperating party are paid by the other party. Seller represents and warrants to Buyer that Seller has not amended or modified Sections 12.2, 23.7 or 23.11 of the Lease Agreement. This subsection (d) shall survive the Close of Escrow and the delivery and recordation of the Grant Deed. (e) Limitation on Seller's Liability. Buyer represents and covenants that Seller shall not have any liability, obligation or responsibility of any kind with respect to the following: (i) The content or accuracy of any report, study, opinion or conclusion of any soils, toxic, environmental or other agent, representative, attorney, employee, engineer or other person or entity who has examined the Property or any aspect thereof; (ii) The content or accuracy of any information released to Buyer by an engineer or planner in connection with the development of the Property; (iii) The availability of building or other permits or approvals for the Property by any state or local governmental bodies with jurisdiction over the Property; (iv) The availability or capacity of sewer, water or other utility connections to the Property; (v) Any of the items delivered to Buyer pursuant to Buyer's review of the condition of the Property; and (vi) The content or accuracy of any other development or construction cost, projection, financial or marketing analysis or other information given to Buyer by Seller or reviewed by Buyer with respect to the Property. (f) Operation of Improvements. Within sixty (60) days after the Close of Escrow, Buyer shall commence operating a class "A" motor home and class "C" motor home sales and service facility on the Property (including sales and service of both new and used class "A" and class "C" motor homes). For a period of three (3) calendar years after the commencement of operations, Buyer shall continuously operate the Property during normal daylight business hours solely for such purposes, except for normal holidays and such periods of time as such operation is made impossible by events outside the direct and indirect control of Buyer (and the financial condition of Buyer shall be deemed to be within the control of Buyer). 15. LIQUIDATED DAMAGES. IF BUYER COMMITS A DEFAULT UNDER THIS AGREEMENT, THEN IN ANY SUCH EVENT, THE ESCROW HOLDER MAY BE INSTRUCTED BY SELLER TO CANCEL THE ESCROW AND SELLER SHALL l1087-0001\736174v4.doc -12- THEREUPON BE RELEASED FROM ITS OBLIGATIONS HEREUNDER. BUYER AND SELLER AGREE THAT BASED UPON THE CIRCUMSTANCES NOW EXISTING, KNOWN AND UNKNOWN, IT WOULD BE IMPRACTICAL OR EXTREMELY DIFFICULT TO ESTABLISH SELLER'S DAMAGE BY REASON OF BUYER'S DEFAULT UNDER THIS AGREEMENT. ACCORDINGLY, BUYER AND SELLER AGREE THAT IN THE EVENT OF DEFAULT BY BUYER UNDER THIS AGREEMENT, IT WOULD BE REASONABLE AT SUCH TIME TO AWARD SELLER, AS SELLER'S SOLE AND EXCLUSIVE REMEDY AT LAW, "LIQUIDATED DAMAGES" EQUAL TO THE DEPOSIT. THEREFORE, 1F BUYER COMMITS A DEFAULT UNDER THIS AGREEMENT, SELLER MAY INSTRUCT THE ESCROW HOLDER TO CANCEL THE ESCROW WHEREUPON ESCROW HOLDER SHALL IMMEDIATELY PAY OVER TO SELLER THE LIQUIDATED DAMAGES, IF HELD BY ESCROW HOLDER, AND SELLER SHALL BE RELIEVED FROM ALL OBLIGATIONS AND LIABILITIES HEREUNDER, AND, PROMPTLY FOLLOWING ESCROW HOLDER'S RECEIPT OF SUCH INSTRUCTION, ESCROW HOLDER SHALL CANCEL THE ESCROW. NOTHING IN THIS PARAGRAPH 15 SHALL (i) PREVENT OR PRECLUDE ANY RECOVERY OF ATTORNEYS' FEES OR OTHER COSTS INCURRED BY SELLER PURSUANT TO PARAGRAPH 20 HEREOF OR (ii) IMPAIR OR LIMIT THE EFFECTIVENESS OR ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATIONS OF.BUYER CONTAINED IN PARAGRAPHS 7(a)(i)(A) AND 23 HEREOF. SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THE PROVISIONS OF THIS PARAGRAPH 15 AND BY THEIR INITIALS IMMEDIATELY BELOW AGREE TO BE BOUND BY ITS TERMS. Seller's Initials Buyer's Initials 16. WAIVER OF RIGHT TO SPECIFIC PERFORMANCE. IF SELLER SHALL FAIL TO CONVEY THE PROPERTY TO BUYER IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT, AND SUCH FAILURE CONSTITUTES A DEFAULT HEREUNDER, THEN BUYER SHALL BE ENTITLED TO THE RETURN OF THE DEPOSIT AND ALL iNTEREST ACCRUED THEREON WHILE iN ESCROW BUT BUYER SHALL NOT HAVE THE RIGHT TO RECEIVE ANY EQUITABLE RELIEF, iNCLUDING, WITHOUT LIMITATION, THE RIGHT TO RECORD A LIS PENDENS AGAINST THE PROPERTY UNDER APPLICABLE LAW, OR TO PURSUE THE SPECIFIC PERFORMANCE OF THIS AGREEMENT, BUT SHALL HAVE THE RIGHT TO PURSUE AN ACTION FOR DAMAGES AGAINST SELLER RELATIVE TO SUCH DEFAULT. SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THE PROVISIONS OF THIS PARAGRAPH 16 AND BY THEIR INITIALS IMMEDIATELY BELOW AGREE TO BE BOUND BY ITS TERMS. Seller's Initials Buyer's Initials 11087-0001\736174v4.doc - 13- 17. Repurchase Option. Upon a default by Buyer under Section 14(e) above, Seller shall have the right, in its sole and absolute discretion, to purchase the Property from Buyer (the "Repurchase Option") at the Purchase Price; provided, however, that if the Property shall have been materially modified and the fair market value of the Property (as determined by Seller in good faith based on a new appraisal or appraisal update obtained by Seller) is less than the Purchase Price, then Seller may buy the Property for an amount equal to such fair market value. The Purchase Price or such fair market value, as applicable, shall be adjusted by prorations of taxes and assessments as of the closing date for the repurchase and reduced by the amount of any liens on the Property. Seller may exercise its Repurchase Option by written notice to Buyer specifying the due diligence periods for title review, physical inspections and contract review, and the closing date (except that such periods and closing date shall not be later than 90 days after the date of the notice). Upon such exercise, except for the foregoing terms, the terms of Sections 14(e) and this Section 17 (the provisions of which shall also be deleted from the Grant Deed), and except for provisions of the Agreement relating to the Deposit, the terms of the purchase and sale shall be as set forth in this Agreement. 18. Damage or Condemnation Prior to Closing. Seller shall promptly notify Buyer of any casualty to the Property or any condemnation proceeding commenced prior to the Close of Escrow. If any such damage or proceeding relates to or may result in the loss of any material portion of the Property, Seller or Buyer may, at their option, elect either to: (i) terminate this Agreement, in which event all funds deposited into Escrow by Buyer shall be returned to Buyer and neither party shall have any further rights or obligations hereunder, or (ii) continue this Agreement in effect. If Buyer and Seller continue this Agreement in effect in the case of damage to a material portion of the Property or in the case of condemnation to a material portion of the Property or if the casualty or condemnation affects a non-material portion of the Property, then upon the Close of Escrow, Buyer shall be entitled to any compensation, awards, or other payments or relief resulting from such casualty or condemnation proceeding relating to the Property which Seller is entitled to receive or which Seller has received and there shall be no adjustment to the Purchase Price. Notwithstanding the foregoing, in no event shall Buyer be entitled to receive any rental loss insurance proceeds or business interruption insurance proceeds attributable to the period prior to the Close of Escrow. For purposes hereof, the term "material portion of the Property" shall mean any portion of the Property, the reasonable cost or repair of which exceeds Three Hundred Thousand Dollars ($300,000.00). 19. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, telegraphed, delivered or sent by telex, telecopy or cable and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if mailed, three (3) business days after the date of posting by the United States post office, (iii) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (iv) if given by telex or telecopy, when sent. Any notice, request, demand, direction or other communication sent by cable, telex or telecopy must be confirmed within forty-eight (48) hours by letter mailed or delivered in accordance with the foregoing. 087-0001 \736174v4.doc - 14- To Buyer: Mr. Bob Barouti Giant RV 1090 W. Foothill Blvd. Upland, CA 91786 Telephone: (909) 981-0444 Telecopy: (909) 608-0654 To Seller: Executive Director City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92590-9033 Telephone: (909) 694-6444 Telecopy: (909) 694-1999 With a copy to: Richards, Watson & Gershon Bruce Galloway, Esq. 333 South Hope Street, 38th Floor Los Angeles, California 90071 Telephone: (213) 626-8484 Telecopy: (213) 626-0078 To Escrow Holder: First American Title Insurance Company 3625 14th Street Riverside, California 92501 Attn: Ms. Debra Newton Telephone: (909) 787-1700 (x2723) Telecopy: (909) 784-7956 Notice of change of address shall be given by written notice in the manner detailed in this Paragraph 19. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. 20. Brokers. The parties hereto acknowledge and agree that Seller shall not be obligated to pay to any real estate brokerage commissions, fees or charges with respect to this transaction. If any claims for brokers' or finders' fees for the consummation of this Agreement arige, then Buyer hereby agrees to indemnify, save harmless and defend Seller from and against such claims if they shall be based upon any statement or representation or agreement by Buyer, and Seller hereby agrees to indemnify, save harmless and defend Buyer if such claims shall be based upon any statement, representation or agreement made by Seller. 21. Legal Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the 1108%0001\736174v4.doc - 15- other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment, or out of court settlement shall be entitled to have and recover of and from the other party all costs and expenses of suit, including actual attorneys' fees. Any judgment or order entered in any final judgment shall contain a specific provision providing for the recovery of all costs and expenses of suit, including actual attorneys' fees (collectively "Costs") incurred in enforcing, perfecting and executing such judgment. For the purposes of this paragraph, Costs shall include, without limitation, attorneys' fees, costs and expenses incurred in the following: (i) postjudgment motions; (ii) contempt proceeding; (iii) garnishment, levy, and debtor and third party examination; (iv) discovery; and (v) bankruptcy litigation. 22. Assignment. Buyer shall not assign, transfer or convey its rights and/or obligations under this Agreement and/or with respect to the Property without the prior written consent of Seller, which consent Seller may withhold in its sole, absolute and subjective discretion. Any attempted assignment without the prior written consent of Seller shall be void and Buyer shall be deemed in default hereunder. Any permitted assignments shall not relieve the assigning party from its liability under this Agreement. 23. 1031 Exchange Cooperation. If Buyer desires to effect a tax-deferred exchange pursuant to Internal Revenue Code Section 1031, then Seller shall reasonably cooperate with Buyer in connection therewith, provided that: (i) the date for the close of Escrow shall not be delayed; (ii) Seller shall incur no additional expense by reason of such cooperation; and (iii) Seller shall not be required to acquire title to any property in order to effect such exchange. 24. Miscellaneous. (a) Survival of Covenants. The covenants, representations and warranties of Buyer set forth in this Agreement shall survive the recordation of the Grant Deed and the Close of Escrow and shall not be deemed merged into the Grant Deed upon its recordation. The covenants, representations and warranties of Seller set forth in this Agreement shall survive the recordation of the Grant Deed and Close of Escrow for a period of six (6) months. (b) Required Actions of Buyer and Seller. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be required in order to consummate the purchase and sale herein contemplated and shall use good faith efforts to accomplish the Close of Escrow in accordance with the provisions hereof. (c) Time of Essence. Time is of the essence of each and every term, condition, obligation and provision hereof. All references herein to a particular time of day shall be deemed to refer to Los Angeles, California time. (d) Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. I 1087-0001 \736174v4.doc - 16- (e) Captions. Any captions to, or headings of, the paragraphs or subparagraphs of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. (f) No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties thereto, to any person or entity other than the parties hereto. (g) Exhibits. The Exhibits attached hereto are hereby incorporated herein by this reference for all purposes. (h) Amendment to this A~reement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. (i) Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. (j) Applicable Law. This Agreement shall be govemed by and construed and enforced in accordance with the laws of the State of California. (k) Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an 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. (1) Partial Invalidity. If any portion of this Agreement as applied to either party or to any circumstances shall be adjudged by a court to be void or unenforceable, such portion shall be deemed severed from this Agreement and shall in no way effect the validity or enforceability of the remaining portions of this Agreement. (m) Successors and Assigns. Subject to the provisions of Paragraph 21 hereof, this Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. (n) Business Days. In the event any date described in this Agreement relative to the performance of actions hereunder by Buyer, Seller and/or Escrow Holder falls on a Saturday, Sunday or legal holiday, such date shall be deemed postponed until the next business day thereafter. (o) 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 1108%0001 \736174v4.doc - 17- 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. (p) Authority. The Chairperson or the Executive Director of the Seller (acting alone or together) are hereby directed and authorized to execute such other documents, including without limitation, amendments to this Agreement, certificates of acceptance, exhibits or certifications, as may be necessary or convenient to implement the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. "Buyer" BEHZAD BAROUTI, an individual NASSER ETEBAR, an individual REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA By; Chairperson ATTEST: By:. Secretary Approved as to form: Agency Counsel 11087-0001 \736174v4.doc - 18- Acceptance by Escrow Holder: First American Title Insurance Company hereby acknowledges that it has received originally executed counterparts or a fully executed original of the foregoing Agreement of Purchase and Sale and Joint Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. Dated: ., 2003 First American Title Insurance Company By:. Debra Newton, Escrow Officer and Authorized Agent 087-0001 \736174v4.doc - 19- EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PARCEL 3 OF PARCEL MAP 7913, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 35, PAGE 63 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 11087-0001~736174v4.doc EXHIBIT "A" RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS GRANT DEED AND ALL TAX STATEMENTS TO: Giant RV c/o (Above Space for Recorder's Use Only) GRANT DEED The undersigned grantors declare: Documentary transfer tax is $[2,200.00] ( ).computed on full value of property conveyed, or (X) computed on full value, less value of liens and encumbrances remaining at time of sale. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE REDEVELOPMENT AGENCY FOR THE CITY OF TEMECULA, a public body, corporate and politic ("Grantor"), hereby GRANTS to the following described real property (the "Property") located in the revised, County of Riverside, State of California: SEE EXHIBIT "1" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE SUBJECT TO: l. Taxes and assessments. 2. All other covenants, conditions, restrictions, reservations, rights, rights of way, easements, encumbrances, liens and title matters whether or not of record or visible from an inspection of the Property and all matters which an accurate survey of the Property would disclose. 3. Grantee's covenant, hereby given, which shall be binding upon Grantee and its successors and assigns, to commence operating the Property as a new motor home sales and service facility within sixty (60) days after the date hereof, and to continuously operate the Property solely for such purposes for a period of three (3) calendar years after the commencement of such operations, except for such periods of time as such operation is made 11087-0001 \736174v4.doc EXHIBIT "B" Page 1 impossible by events outside the direct and indirect control of Buyer (and the financial condition of Buyer shall be deemed to be within the control of Buyer). 4. The Repurchase Option in favor of Grantor described in Section 17 of that certain Agreement of Purchase and Sale and Joint Escrow Instructions between Grantor and Grantee dated June __, 2003. BY ACCEPTANCE HEREOF, Grantee covenants, for itself and its successors and assigns, to refrain from restricting the sate, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property on the basis of race, color, creed, religion, ancestry, sex, marital status, national origin or age of any person, nor shall Grantee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Property. All deeds, leases or contracts entered into with respect to the Property shall contain or be subject to substantially the following nondiscrimination/nonsegregation clauses: IN DEEDS: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, national origin, sex, marital status, age or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." IN LEASES: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: That there be no discrimination against or segregation of any person or group of persons, on account of age, race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing, subleasing, transferring, use or occupancy, tenure or enjoyment of the land herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased." IN CONTRACTS: "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, creed, religion, age, national origin, sex, marital status or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land." All covenants contained in this Grant Deed shall run with the land for the benefit of, and shall only be enforceable by, Grantor and its successors and assigns, without regard to 11087-0001~736174v4.doc EXHIBIT "B" Page 2 whether Grantor is or remains an owner of any land or interest therein to which such covenants relate. In the event of a breach of any covenant contained in this Grant Deed, Grantor shall have the right to exercise any right or remedy provided herein or otherwise available at law or in equity, to enforce the curing of such breach. of the 1N WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed as day of ,2003. "Grantor" Redevelopment Agency of the City of Temecula, By:. Executive Director ATTEST: Secretary GIANT RV, a By:. Name: Title: "Grantee" 11087-0001\736174v4.doc EXHIBIT "B" Page 3 SELLER'S CERTIFICATE To inform _, a (the "Transferee") that withholding of tax under Section 1445 of the Internal Revenue Code of 1986, as amended ("Code") will not be required by the Redevelopment Agency of the City of Temecula (the "Transferor") upon the transfer of certain real property by the Transferor to the Transferee, the undersigned hereby certifies the following on behalf of the Transferor: 1. The Transferor is not a foreign corporation, foreign partnership, foreign trust, foreign estate or foreign person (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder); and The Transferor's U.S. employer or tax (social security) identification number is The Transferor understands that this Certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalty of perjury I declare that I have examined this Certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of the Transferor. Redevelopment Agency of the City of Temecula By:. Executive Director ATTEST: Approved as to form: Secretary Agency Counsel ! 1087-0001 \736174v4.doc EXHIBIT "C" Page 1 ASSIGNMENT OF CONTRACTS AND ASSUMPTION AGREEMENT THIS ASSIGNMENT OF CONTRACTS AND ASSUMPTION AGREEMENT ("Assignment"), is made as of the day of ,2003, by and between Redevelopment Agency of the City of Temecula ("Assignor") and , a ("Assignee"). WITNESETH: WHEREAS, Assignor and Assignee have entered into that certain Agreement of Pumhase and Sale and Joint Escrow Instructions, dated June __, 2003 ("Agreement"), for the pumhase and sale of certain real property ("Property") more particularly described in Exhibit "A" to the Agreement. WHEREAS, this Assignment is being made pursuant to the terms of the Agreement for the purpose of assigning to Assignee all of Assignor's rights, title and interest in and to those certain service and maintenance contracts described on Exhibit "A" attached hereto (the "Contracts"). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Assignment of Contracts. Assignor, without warranty, hereby grants, ass!gns, transfers, conveys and delivers to Assignee the Contracts and all of Assignor's right, title, interest, benefits and privileges thereunder, and Assignee hereby accepts such Assignment. 2. Assumption of Obligations. By acceptance of this Assignment, Assignee hereby assumes and agrees to perform and to be bound by all of the terms, covenants, conditions and obligations imposed upon or assumed by Assignor under the Contracts. Said assumption shall have application only to those obligations under the Contracts first accruing or arising on or after the delivery of this Assignment and shall have no application to obligations accruing or arising prior to said date. 3. Successors and Assigns. This Assignment shall be binding upon and inure to the benefit of the successors, assigns, personal representatives, heirs and legatees of the respective parties hereto. 4. Attorneys' Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, conditions, agreements or provisions on the part of the other party arising out of this Assignment, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including reasonable attorneys' fees. 5. Governing Law. This Assignment shall be governed by, interpreted under, and construed and enforceable with, the laws of the State of California. 11087-0001 \736174v4.doc EXHIBIT "D" Page 1 1N WITNESS WHEREOF, the parties hereto have executed this instrument as of the date first hereinabove written. "Assignor" Redevelopment Agency of the City of Temecula By:. Chairman ATTEST: Secretary Approved as to form: Agency Counsel "Assignee" [Attach Schedule of Contracts] l1087-0001\736174v4.doc EXHIBIT "D" Page 2 BILL OF SALE FOR VALUABLE CONSiDERATION, the receipt of which is hereby acknowledged, Redevelopment Agency of the City of Temecula ("Seller"), does hereby give grant, bargain, sell, transfer and deliver unto ("Buyer") all of that certain personal property listed on the attached Exhibit "A" (the "Personal Property") which is owned by Seller and is located on and used in connection with the real property more particularly described on Exhibit "B" attached hereto, which is being conveyed to Buyer on or about of even date herewith. The Personal Property is hereby acquired by Buyer "as-is" without any representation or warranty of any kind or nature of Seller, express, implied or statutory, as to the nature of or title to the Personal Property or its fitness for Buyer's intended use of same. EXECUTED this of ,2003 "Seller" Redevelopment Agency of the City of Temecula By:. Chairman ATTEST: Secretary [Attach Personal Property Description and Real Property Description] l1087-0001\736174v4.doc EXHIBIT "E" Page 1 IDENTIFICATION OF TOXIC REPORTS [A~ached] 11087-0001\736174v4.doc EXHIBIT "F" Page 1 27500 Jefferson Property WATER CONTAMINATION REPORTS (Copies Previously Provided to Giant RV) NAME OF REPORT AUTHOR DATE PREPARED FOR SUBMITTED FOR REVIEW OF Site Assessment Harrison/Roberts 07/29/96 Norm Reeves Mr. Marc Brown Workplan Environmental Supcrgroup Hazardous Materials Management Specialist Riverside County Department of Health Site Assessment Report Harrison/Roberts 11/28/96 Norm Reeves Mr. Marc Brown Environmental Supergroup Hazardous Materials Management Specialist Riverside County Department of Health Site Assessment Report Harrison/Roberts 11/28/96 Norm Reeves Mr. Marc Brown Environmental Supergroup Hazardous Materials Management Specialist Riverside County Department of Health Site Assessment Harrison/Roberts 02/05/97 Norm Reeves Mr. Marc Brown Workplan Environmental Supergroup Hazardous Materials Management Specialist Riverside County Department of Health Site Assessment Report Harrison/Roberts 04/17/97 Norm Reeves Mr. Marc Brown : Environmental Supergroup Hazardous Materials Management Specialist Riverside County Department of Health Site Assessment Harrison/Roberts 07/09/97 Norm Reeves Mr. Marc Brown Workplan Environmental Supergroup Hazardous Materials Management Specialist Riverside County Department of Health Site Assessment Report Harrison/Roberts 10/07/97 Norm Reeves Mr. Mare Brown Environmental Supergroup Hazardous Materials Management Specialist Riverside County Department of Health Groundwater Sampling Harrison/Roberts 12/30/97 Norm Reeves Riverside County Department Report Environmental Supergroup of Environmental Health Second Quarter 1998 Management Groundwater Sampling Harrison/Roberts 06/30/98 Norm Reeves Riverside County Department Report Environmental Supergroup of Environmental Health Second Quarter 1998 Management Groundwater Pilot Han'ison/Roberts 03/11/99 Norm Reeves Testing Report - Environmental Supergroup Former Honda of Management Temecula Groundwater Treatment Harrison/Roberts 04/19/00 Riverside County Report - Quarterly Environmental Department of Groundwater Management Environmental Health Monitoring Report First Quarter 2000 Groundwater Treatment Harrison/Roberts 06/07/01 Riverside County Department Report - Quarterly Environmental of Envirorunental Health & Groundwater Management Sun Diego Regional Water Monitoring Report Quality Control Board Second Quarter 2001 l1087-0001\736174v4.doc EXHiBIT "F" Page 2 NAME OF REPORT AUTHOR DATE PREPARED FOR SUBMITTED FOR REVIEW OF Groundwater Treatment Harrison/Roberts 09/25/01 Riverside County Riverside County Department Report- Quarterly Environmental Department of of Environmental Health Groundwater Management Environmental Health Monitoring Report Third Quarter 2001 Groundwater Treatment Harrison/Roberts 12/20/01 Riverside County Riverside County Department Report- Quarterly Environmental Department of of Environmental Health & Groundwater Management Environmental Health San Diego Regional Water Monitoring Report Quality Control Board Fourth Quarter 2001 Soil Confirmation Harrison~Roberts 07/15/02 Norm Reeves Riverside County Department Boring Report - Environmental Supergomp of Environmental Health & Groundwater Sampling Management San Diego Regional Water Report Quality Control Board Site Assessment Report Harrison/Roberts 06/23/03 Norm Reeves Riverside County Department Environmental Supergroup of Environmental Health & Management San Diego Regional Water Quality Control Board WATER CONTAMINATION LETTERS AND SUMMARY REPORTS (Copies Previously Provided to Giant RV) DATE TO FROM SUBJECT 12/15/98 Dick Kennedy Dori Malloy Acknowledge receipt of Groundwater Monitoring Well Installation and Pumping Test Work plan of 11/16/98. Acceptance with some stipulations. 1/13/99 Dick Kennedy Robert Btankenship Invoice for $33,994.76 and pump test report 01/21/99 Preliminary Findings - Groundwater Pilot Testing. 06/10/99 Dick Kennedy Dori Malloy Accepting Groundwater Pilot Testing Report of Marcy 11, 1999 6/26/99 John Anderson - SD Robert Blankenship Proposal for the remediation of hydrocarbon Regional Water Quality impacted groundwater. Control Board 06/30/99 Dick Kennedy Robert Blankenship Follow up on phone conversation and provide relevant documentation on the developments surrounding the property 07/07/99 Corey Walsh Robert Blankenship Reasons for request to allow the treated water to San Diego Regional Water recharge the aquifer from which it is drawn Quality Control Board 07/22/99 Dori Malloy - Hazardous Robert Blankenship Summary of factors that they feel should allow Materials Specialist - treated groundwater to recharge the aquifer from Riverside County Dept of which it is drawn Environmental Health 08/05/99 Dick Kennedy Robert Blankenship Summary of Costs to date and projects costs to complete the project. 08/05/99 Responsible Party County of Riverside Revised Local Oversight Program Corrective action Guidelines for nnderground storage tank cleanups in Riverside County. 08/25/00 RDA Agenda Report John Meyer Environmental Indemnification and Remediation Agreement for sale of Property to Richardson Real Estate, LLC l1087-0001\736174v4.doc EXHIBIT "F" Page 3 DATE TO FROM SUBJECT 08/31/00 Glen Harris Shawn Nelson City knows of contamination and acknowledges Small Business responsibility. Administration 11/08/00 Dick Kennedy Robert Blankenship Summary of the groundwater treatment project for month of October 2000 and items of interest 12/01/00 Dick Kennedy Robert Blankenship Summary of the groundwater treatment project for month of November 2000 and items of interest 04/13/01 Dick Kennedy Robert Blankenship Summary of activities and future actions 06/11/01 Dick Kennedy Robert Blankenship Points from second quarter 2001 groundwater report 11087-0001 \736174v4.do¢ EXHIBIT "F" Page 4 RDA DEPARTMENTAL REPORT APPROVAL j~,~./,~-' CITY ATTORNEY /Z'. """'~' I FINANCE DIRECTOR ~ I CITY MANAGER ~'~.,/ I TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Redevelopment Agency Members John Meyer, Redevelopment Director June 24, 2003 Monthly Departmental Report Attached for your information is the monthly report as of June 24, 2003 for the Redevelopment Department. First Time Homebuyers Program Funding in the amount of $100,000 is available for FY 003 -04 with $24,000 funded to date. Residential Improvement Programs The program budget is $250,000 for FY 03-04. Affordable Housinq The Cottages of Old Town project consists of 14 new single-family detached homes and 3 rehabilitated single-family homes located on Sixth Street. Construction has begun and the project will be completed by the end of the year. Habitat for Humanity Council entered in to a Disposition and Development Agreement (DDA) with Habitat for Humanity on February 11,2003 to develop a home-ownership project within the Pujol Neighborhood. The project located on the northwest corner of Pujol and First Streets, will consist of 6 new single-family detached homes. The total project site is approximately 37,000 square feet with approximate lot sizes of 5,000. The houses are arranged along Pujol Street and a private lane. The groundbreaking will be held on July 26, 2003. Rancho Meadows Condominiums The Council approved a housing rehabilitation loan for the Rancho Meadows Housing Project on February 11, 2003. Rancho Meadows is a 146-unit condominium project composed of two, three and four bedroom units. The proposed rehabilitation work includes roofing, siding, painting, fencing, paving, garage doors and related items. R:\SYERSK~MONTH LLY~June2003.doc 1 Senior Housinq Council entered into a Disposition and Development Agreement (DDA) on January 14, 2003 with Community for Better Housing (CBH) for a 66 unit affordable senior housing project on Pujol Street. The project will be two-story garden-style apartments and project amenities, which will include a community room, and swimming pool. Construction has begun and will be completed by the end of the year. Old Town Community Theater The construction drawings are completed and the bid practice is being finalized. The Mercantile Building Retrofit The earthquake retrofit has been completed. The replacement of the exterior brick mortar and the foundation work has been completed and the steel braces have been installed. The final phase will be completed during the construction of the Old Town Community Theater. Bail¥'s Restaurant Council entered into a Disposition and Development Agreement (DDA) with Chris and Klm Bally on March 25, 2003 to develop a restaurant on the property located at Old Town Front and 2nd Street. The building will consist of casual and patio dining on the first floor with a fine dining restaurant on the second floor. Facade Improvement/Non-Conforming Si.qn Pro,qram The following facade improvement/sign projects are in process or have recently been completed: · Hitching Post Sign Program · Penfold Building Sign Program - Completed · Homes Magazine Sign Program · Butterfield Inn - Now Rodeway Inn Sign Program - Completed Old Town Promotions/Marketinq · Friday Hot Summer Ni,qhts Friday Hot Summer Nights kicked off in Old Town on July 11 and will continue each Friday night through August 22 from 5 p.m. to 9 p.m. Live bands, games for the kids, party jumps, exhibits and a variety of activities for the entire family will fill Old Town with the sounds of summer. Aunt Kizzy'z Boyz and the Gem Tones opened the summer series Friday, July 11 at 6 p.m. A rockin' blues band, Aunt Kizzy'z Boyz is comprised of four top blues musicians and has been a R:\SYERSK\MONTHLLY~J une2003.doc 2 popular band in San Diego Night Clubs and local events. Jimmy King on vocals, harp and guitar, formed the band after sitting in with top musicians from Santana and Joe Cocker's band. Aunt Kizzy'z Boyz played from 6 p.m. to 9 p.m. at the Country Pomh at the corner of 3rd and Old Town Front Streets. The Gem Tones is a guitar-driven blues rock band consisting of two brothers and their dad. lan Sanders at age 14 is the leader on guitar and vocals. Trevor Sanders, a 12 year-old drummer drives the train with father Dave Sanders on Bass Guitar. They have opened for Dick Dale, The Fabulous Thunderbirds, and Buddy Miles. They have also performed at the Roxy, BB King's Blues Club, the Hard Rock Cafe in Newport Beach and the Coach House. Carnival games for the kids were held at the Wild Cactus parking lot and hosted by the Boys and Girls Club of Temecula. Kids pitched ping pong balls, played ring toss, tagged floating ducks, played milk bottle toss and other games for prizes. The Froggy 92.9 party jump was at the Wild Cactus. The Musician's Workshop had song writing and poetry night. That unusually dressed and always entertaining clown Dynamite Dave also created his balloon sensations and will continue every Friday evening from 6 p.m. to 9 p.m. Dynamite Dave was at various locations throughout Old Town. Every Friday night will feature a variety of bands. Fridays July 18, August 8 and August 22 are Old Town Temecula's Bluegrass nights with Bluegrass and Country Western Bands playing in several locations. The Andy Rau Band, a popular surprise hit for Old Town Temecula's Bluegrass Festival last March, will return on July 18. Border Radio, an electrified Bluegrass Band popular in the Los Angeles area, will make their first Temecula appearance on August 8. Old Tyme Folk and Older than Dirt will also perform that night. August 22 will feature two top Southern California bands, Silverado led by Mike Nadolson and the Los Canyon Ramblers, a popular Western band at the Santa Clarita Cowboy Poetry and Music Festival. Blues, Classic Rock and R&B tunes will fill Old Town's Summer Nights on the remaining Fridays. Rocky Zharp and the Blue Crackers return on July 25 with the Gem Tones. August 1 and August 15 will also feature the Gem Tones and the classic rock duo of the Two of Us. Bands will play each Friday at the Country Porch on 3rd and Front Street. Sponsored in part by, the Froggy 92.9 FM My94 and KGB Radio of Temecula, the Country Porch, Hot Summer Nights will continue every Friday night from 5 p.m. to 9 p.m. through August 22. All concerts are free. Crafters, such as potters, wood carvers or weavers, are invited to demonstrate their crafts during Hot Summer Nights R:\SYERSK~/IONTHLLY~June2003.doc 3 TEMECULA PUBLIC FINANCING AUTHORITY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY JULY 8, 2003 A regular meeting of the City of Temecula Public Financing Authority was called to order at 7:34 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Naggar, Pratt, 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 I Minutes RECOMMENDATION: 1.1 Approve the minutes of June 24, 2003. 2 Authorization of Special Tax Levy in Community Facilities District No. 01-2 (Harveston) RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 03-13 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON) 3 Authorization of Special Tax Levy in Community Facilities District No, 03-1 (Crowne Hill) RECOMMENDATION: 3.1 Adopt a resolution entitled: R:minutes.tpfa\070803 1 RESOLUTION NO. TPFA 03-14 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE-HILL) MOTION: Agency Member Naggar moved to approve Consent Calendar Items No. 1-3. The motion was seconded by Agency Member Comerchero and voice vote reflected unanimous approval. PUBLIC HEARING Abandonment of Prior Proceedinq and Formation of New Community Facilities District - Wolf Creek (Continued from June 24, 2003) RECOMMENDATION: 2.1 Continue the public hearing to the meeting of July 22, 2003. Upon Board consensus, Chairman Stone continued the public hearing to the meeting of July 22, 2003. EXECUTIVE DIRECTOR'S REPORT No comment. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 7:36 P.M., the Temecula Public Financing Authority meeting was formally adjourned. ATTEST: Jeffrey E. Stone, Chairman Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:minutes.tpfa\070803 2 ITEM 2 APPROVAL~./.c~r-- CiTY ATTORNEY DIR.OF FINANCE CITY MANAGER TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: FROM: DATE: SUBJECT: Temecula Public Financing Authority Executive Director Shawn Nelson July 22, 2003 Abandonment of Prior Proceeding and Formation of New Community Facilities District - Wolf Creek RECOMMENDATION: 1. That the Authority adopt the resolutions entitled: RESOLUTION NO. TPFA 03-__ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF ABANDONMENT OF PROCEEDINGS TO FORM THE COMMUNITY FACILITIES DISTRICT NO. 0'1-3 (WOLF CREEK) 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 03-03 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. 03-03 (WOLF CREEK) R:lAgenda Reports/Abandonment of Formation of New CFD Wolf Creek 1 BACKGROUND: in 2001, S-P Murdy, LLC, a California limited liability company (the "Landowner") 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. On March 18, 2003, the Authority adopted two resolutions related to the formation of the CFD (the "Resolutions of Intention"), expressing the intent of the Board of Directors of the Authority to establish the CFD and for the CFD to incur bonded indebtedness to finance various public infrastructure improvements necessitated by development to occur in the CFD. The Resolutions of Intention called for public hearings regarding the CFD to occur on April 22, 2003. On April 22, 2003 the hearings were opened and immediately continued to May 13, 2003. On May 13, 2003, the Board of Directors adopted a resolution making findings of complexity with respect to the proposed CFD and continued the public hearings to June 24, 2003. On June 24, 2003, the hearings were again continued to July 8, 2003 and on July 8, 2003, the hearings were again continued to July 22, 2003. Since the date of adoption of the Resolutions of Intention, the Landowner has requested that various changes be made to the purposes of the CFD, the rate and method of apportionment of special taxes for the CFD and the bonded indebtedness limit of the CFD. Specifically, the Landowner has requested that the purposes of the CFD be expanded to include the funding of improvements for the Eastern Municipal Water District, and the elimination of a lien on property in the CFD imposed by the County of Riverside's Assessment District No. 159. In order to accommodate the additional financing powers of the CFD, the bonded indebtedness limit for the CFD would be increased from $25,000,000 to $33,000,000, and the maximum special tax rate for property in the CFD applicable to special taxes to be levied to repay the bonded debt of the CFD would be increased. In order to avoid confusion in the future in administering the CFD, Bond Counsel has recommended that the Board of Directors take action to abandon the proceedings initiated on March 18, 2003 to form the CFD, and to "start over" by adopting new resolutions of intention for the CFD with a new number "03-03" assigned to the CFD. Thus, if in the future the proceedings to form the CFD are reviewed, there will be no confusion as to the authorized purposes, taxing capacity and bonded indebtedness limit for the CFD. The three resolutions that accompany this Agenda Report will implement the termination of the prior CFD proceedings and the commencement of new proceedings. SPECIFIC ACTIONS: In order to be in a position to consider the formation of the community facilities district in August of this year, the Authority will consider a resolution to abandon the prior proceedings, and the adoption of two resolutions of intention relative to the proposed community facilities district. The new resolutions of intention call for public hearings on August 26, 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 new rate and method of apportionment of special taxes to be levied solely on land in the CFD to repay the bonds, pay for the maintenance services and to pay for the elimination of the County Assessment District 159 lien, 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, but will be limited obligations of the Authority, payable solely from special taxes levied on land in the proposed community facilities district. Attachments: Resolutions (3) RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF ABANDONMENT OF PROCEEDINGS TO FORM THE COMMUNITY FACILITIES DISTRICT NO. 01-3 0NOLF CREEK) WHEREAS, on March 18, 2003, this Board of Directors adopted resolutions of intention to establish the Temecula Public Financing Authority Community Facilities District No. 01-3 (Wolf Creek) ("CFD 01-3") and to incur bonded indebtedness of the proposed CFD 01-3; and WHEREAS, on March 21,2003, a map of the boundaries of the proposed CFD 01-3 was recorded in Book 52 at Page 93 of Maps of Assessment and Community Facilities Districts (document number 2003-20844) in the office of the County Recorder of the County of Riverside; and WHEREAS, various changes have been requested by the owner of all of the property in CFD 01-3 with respect to the purposes of CFD 01-3 and the rate and method of apportionment of special taxes for CFD 01-3, such that, to avoid confusion in the future, Bond Counsel has recommended that new proceedings be initiated to form a community facilities district for the Wolf Creek development and that the proceedings to form CFD 01-3 be abandoned, and WHEREAS, this Board of Directors now desires to abandon the proceedings to form CFD 01-3. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. The proceedings to form CFD 01-3 are hereby abandoned. Section 2. The Secretary is hereby directed to record a certified copy of this Resolution with the County Recorder, including the Certificate of the Secretary attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 22"d day of July, 2003. ATTEST: Jeffrey E. Stone, Chairperson Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] R:,q'PFA Resos 2003/TPFA 03-~ I STATE Of CALIFORNIA ) COUNTYOF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 03- was duly adopted at a regular meeting of the Board of Directors of the Temecula Public Financing Authority on the 22nd day of July, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: BOARDMEMBERS: BOARDMEMBERS: BOARDMEMBERS: BOARDMEMBERS: Susan W. Jones, CMC City Cler~Authority Secretary R:/TPFA Resos 2003/TPFA 03-~ 2 EXHIBIT A Recording Requested by and When Recorded Return to: City Clerk, City of Temecula 43174 Business Park Drive Ternecula, California 92590 CERTIFICATE OF THE SECRETARY OF THE BOARD OF DIRECTORS OF THE TEMCULA PUBLIC FINANCING AUTHORITY relating to: PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 01-3 (WOLF CREEK) The undersigned Secretary of the Board of Directors of the Temecula Public Financing Authority hereby certifies as follows: 1. Attached hereto is a true and correct copy of a resolution of abandonment of proceedings to form the Temecula Public Financing Authority Community Facilities District No. 01-3 (Wolf Creek) ("CFD 01-3'), which was duly adopted by the Board of Directors of the Temecula Public Financing Authority (the "Authority") on July 22, 2003; and 2. The resolution of intention to establish CFD 01-3 was adopted by the Board of Directors of the Authority on March 18, 2003; and 3. The map of the proposed boundaries of CFD 01-3 was filed with the County Recorder of the County of Riverside on March 21,2003, and was recorded by said County Recorder in Book 52 at Page 93 of Maps of Assessment and Community Facilities Districts (document number 2003- 200844); and 4. Pursuant to Section 3117 of the California Streets and Highways Code, the County Recorder of the County of Riverside shall index the Resolution of Abandonment in the book containing the index of the maps of assessment and community facilities districts. Dated: July __, 2003 Secretary of the Board of Directors of the Temecula Public Financing Authority By: Susan W. Jones, CMC R:/'rPFA Resos 2003/TPFA 03-__ 3 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 03-03 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 has 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. 03-03 (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. 03-03 (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, and the fixed special assessment lien to be eliminated in whole or in part by payments from the District and pursuant to the Law, shall consist of those items listed on Exhibit A hereto under the headings "Facilities," "Services" and "Prior Lien," 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, with the Riverside County Flood Control and Water Conservation District, with the Temecula Community Services District, with the Eastern Municipal Water District, and with 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, the Services, and the elimination of the Prior Lien and/or pay the principal and interest as it becomes due on bonds of the District issued to pay for the Facilities, the Services, and the elimination of the Prior Lien, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied within the District and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors 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, and to finance the elimination of the Prior Lien. If so issued, the bonds shall be in the aggregate principal amount of not to exceed $33,000,000, 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 elimination of the Prior Lien, 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, Services and Prior Lien 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, the Services and the Prior Lien. (b) An estimate of the fair and reasonable cost of providing the Facilities and the Services, and of eliminating the Prior Lien, including the incidental expenses in connection therewith, including the costs of the proposed bond financing, any Authority or City of Temecula administrative costs and all other related costs. Said report shall be made a part of the record of the public hearing provided for below. Section 11. Tuesday, August 12, 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 ("Wolf 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 Distdct 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 Sections 15162, 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 off 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. The Board of Directors may in the future, by resolution, approve an agreement pursuant to Section 53314.9 of the California Government Code, to accept an advance or advances of funds or work-in-kind from one or more landowners in the District or related entities, which advances may be repaid and work-in-kind may be reimbursed to the person or entity which advanced the funds or work-in-kind subject to compliance with the applicable provisions of Section 53314.9 of the California Government Code. Section 16. 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 22na day of July, 2003. ATTEST: Jeffrey E. Stone, Chairperson Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 03- was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 22nd day of July, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: BOARDMEMBERS: BOARDMEMBERS: BOARDMEMBERS: BOARDMEMBERS: Susan W. Jones, CMC City Clerk/ Authority Secretary EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 01-3 (WOLF CREEK) DESCRIPTION OF FACILITIES AND SERVICES TO BE FUNDED BY THE DISTRICT AND PRIOR LIEN TO BE ELIMINATED BY THE DISTRICT FACILITIES The CFD may finance all or a portion of the costs of the following: 1. Loma Linda Storm Drain Construct Loma Linda storm drain from Pechanga Parkway to "A" Street a distance of approximately 2020 feet including pipe, manholes, catch basins laterals and other appurtenant improvements necessary to complete the Loma Linda Storm Drain. 2. Wolf Valley Road Construct Wolf Valley Road from Pechanga Parkway to the northeasterly city limits of the City of Temecula, a distance of approximately 3510 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks, streetlights and other appurtenant improvements necessary to complete Wolf Valley Road. 3. "A" Street. Construct "A" Street from Loma Linda Road to Interior Loop Road - North, a. distance of approximately 1480 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks, streetlights and other appurtenant improvements necessary to complete "A" Street. 4. Intedor 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. · 8. Linear Park and Nodes Construct Linear Park and three Nodes adjacent to Interior Loop Road - North and Interior Loop Road - South through the entire limits of the Wolf Creek project including grading, landscaping, walkways and other appurtenant improvements necessary to Construct the Linear Park and Nodes. 7. Six-Acrs Neiqhborhood Park Planninq Arsa No. II Construct the Six-Acrs 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-Acrs 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. 12. Eastern Municipal Water District Improvements Sanitary sewer system and water system improvements to be designated by the Eastern Municipal Water District on which it will expend up to $5,627,404 of bond funds. The Facilities shall include the acquisition of right-of-way, the costs of design, engineering and planning, the costs of any environmental or 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. PRIOR LIEN The CFD may fund amounts necessary to eliminate all or a portion of the lien imposed by the County of Riverside Assessment District No. 159 on the real property within the CFD. OTHER The CFD may also finance any of the following: 1. Bond related expenses, including underwriter's discount, reserve fund, capitalized interest, bond and disclosure counsel and all other incidental expenses. 2. Administrative fees of the Authority, the City of Temecula and the bond trustee or fiscal agent related to the CFD and any bonded indebtedness of the CFD. 3. Reimbursement of costs related to the formation of the CFD advanced by the Authority, the City or any related entity, or any landowner or developer within the CFD, as well as reimbursement of any costs advanced by the Authority or any related entity, or any landowner or developer within the CFD, for facilities, fees or other purposes or costs of the CFD. TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A Special Tax shall be levied and collected on all Taxable Property located within the boundaries of the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek), ("CFD"). The amount of Special Tax to be levied in each Fiscal Year, commencing in Fiscal Year 2004-2005 on a Parcel shall be determined by the Board of Directors of the Temecula Public Financing Authority or its designee, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set forth in Sections B., C., and D., below. All of the real property within the CFD, unless exempted by law or by the provisions in Section E., shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of a Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other similar recorded County instrument. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the California Government Code of the State of California. "Administrative Expenses" the actual or reasonably estimated costs directly related to the administration of the CFD, including but not limited to: the costs of computing the Special Taxes and of preparing the annual Special Tax collection schedules (whether by the CFD Administrator or designee thereof or both); the costs of collecting the Special Taxes (whether by the Authority, County, City, or otherwise); the costs of remitting the Special Taxes to the Trustee for any Bonds; the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under any Indenture; the costs of the Authority, City or designee in complying with arbitrage rebate and disclosure requirements of applicable federal and State securities laws, the Act and the California Government Code, including property owner inquiries regarding the Special Taxes; the costs associated with the release of funds from any escrow account; the costs of the Authority, City or designee related to an appeal of the Special Tax; and an allocable share of the salaries of the City staff and City overhead expense directly relating to the foregoing. Administrative Expenses shall also include amounts advanced by the City or the Authority for any administrative purposes of the CFD. "Approved Property" means for any Fiscal Year, all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) for which a building permit was not issued prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied. "Assessor's Parcel Map" means an official map of the County designating parcels by a parcel number. "Assigned Special Tax" means each Land Use Category of Developed Property, as determined in accordance with Section C., below. "Authority" means the Temecula Public Financing Authority. "Backup Special Tax" means the Special Tax A applicable to each Parcel of Developed Property, as determine in accordance with Section C.1 .b. below. "Board of Directors" means the Board of Directors of the Authority, acting as the legislative body of the CFD. "Bonds" means any bonds or other indebtedness (as defined in the Act) issued by the CFD and secured by the levy of Special Taxes. "CFD" means Community Facilities District No. 03-03 (Wolf Creek) of the Authority established pursuant to the Act. "CFD Administrator" means the Finance Director of the City, or designee thereof, responsible for determining the Special Tax Requirement and various other amounts described herein and for providing for the levy and collection of the Special Taxes. "City" means the City of Temecula. "County" means the County of Riverside. "Developed Property" means all Parcels of Taxable Property, not categorized as Approved Property, Undeveloped Property, Public Property and/or Property Owner's Association Property that are not Exempt Property pursuant to the provisions of Section E., below: (i) that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied and (ii) a building permit for new construction has been issued prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means any Parcel, which is exempt from Special Taxes pursuant to Section E., below. "Final Map" means a subdivision of property evidenced by the recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or the recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period starting on July 1st and ending on the following June 30th. "Flood Control Channel" means approximately 23.7 acres of channel located within the Wolf Creek Specific Plan No. 12 approved on January 23,2001. "Indenture" means the indenture, trust agreement, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Category" means any of the categories listed in Table 1. "Maximum Special Tax" means the Maximum Special Tax A and Maximum Special Tax B. "Maximum Special Tax A" means the maximum amount of Special Tax A, determined in accordance with Section C. below, that can be levied in any Fiscal Year on any Parcel to satisfy the Special Tax A Requirement. "Maximum Special Tax B" means the maximum amount of Special Tax B, determined in accordance with Section C. below, that can be levied in any Fiscal Year on any Parcel to satisfy the Special Tax B Requirement. "Multifamily Residential Property" means any Parcel of Residential Property that consists of a building or buildings comprised of attached residential units available for rental but not purchase, by the general public and under common management. "Multiple Land Use Property" means any Developed Property containing more than one Land Use Category (e.g. one structure containing Non-Residential Property on the ground floor and Residential Property on the 2nd floor). "Non-Residential Floor Area" means all of the square footage within the perimeter of all structures on a Parcel used in part for non-residential purposes, measured from outside wall to outside wall, exclusive of overhangs, porches, patios, carports, or similar spaces attached to the building but generally open on at least two sides, as determined by reference to the building permit(s) issued for said Parcel, or if these are not available, as otherwise determined by the CFD Administrator. Once such determination has been made for a Parcel, it shall remain fixed in all future Fiscal Years. "Non-Residential Property" means all Parcels of Developed Property for which a building permit was issued for any type of non-resideutial use. "Parcel(s)" means a lot or parcel shown on an Assessor's Parcel Map with an assigned parcel number as of January 1 st 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 lst of the preceding Fiscal Year for which the Special Tax is being levied has been conveyed, dedicated to, or irrevocably dedicated to a property owner association, including any master or sub-association. "Proportionately" means for Developed Property that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Parcels of Developed Property and for Approved Property, Undeveloped Property, Public Property and/or Property Owners Association Property that is not Exempt Property pursuant to Section E., that the ratio of actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all such Parcels. "Public Property" means any property within the boundary of the CFD which, as of January 1st of the preceding Fiscal Year for which the Special Tax is being levied is used for rights- of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State of California, the County, City or any other local jurisdiction, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use. "Public School District Property" means 33 acres that are acquired or known to the CFD Administrator to be acquired by Temecula Valley Unified School District located within the Wolf Creek Specific Plan No. 12 approved on January 23, 2001, or as subsequently modified, supplemented or amended. "Residential Floor Area" means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by the CFD Administrator with reference to the building permit(s) issued for such Assessor's Parcel or other appropriate means selected by the CFD Administrator. Once such determination has been made for a parcel, it shall remain fixed in all future Fiscal Years. "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 mount equal to any anticipated shortfall due to Special Tax A delinquency in the prior Fiscal Year; and (v) any amounts required to establish or replenish any reserve funds for the outstanding Bonds; less (vi) a credit for funds available to reduce the annual Special Tax A levy as determined pursuant to the Indenture. "Special Tax B Requirement" means that amount required in any Fiscal Year to pay the estimated costs of providing services, including the salaries of City staff related to and a proportionate share of City overhead costs, for the maintenance of the Flood Control Channel in an amount not to exceed $100,000 for Fiscal Year 2004-2005, increasing by 2% each Fiscal Year there after. "Taxable Property" means all Parcels in the CFD which are not exempt from the Special Tax pursuant to law or Section E., below. "Total Floor Area" means for any Parcel identified as Multiple Land Use Property pursuant to Section C.l.c., below, the sum of the Residential Floor Area and Non-Residential Floor Area. "Undeveloped Property" means all Taxable Property not classified as Developed Property, Approved Property, Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E. B. ASSIGNMENT TO LAND USE CATEGORY Each Fiscal Year, conunencing with the 2004-2005 Fiscal Year, all Parcels of Taxable Property within the CFD shall be categorized as either Developed Property, Approved Property, Undeveloped Property, Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions in Section E., and shall be subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C., and D., below. Parcels of Developed Property shall further be categorized as Residential Property, Non- Residential Property, or Multiple Land Use Property. A Parcel of Residential Property shall further be categorized to its appropriate Land Use Category based on the Residential Floor Area of such Parcel unless it qualifies as Multifamily Residential Property, for which the Assigned Special Tax shall be based on the number of Acres. C. MAXIMUM SPECIAL TAX RATE 1. Developed Property The Maximum Special Tax A for each Parcel of Residential Property that is categorized as Developed Property shall be the greater off (i) the applicable Assigned Special Tax described in Table 1., below, or (ii) the amount derived by application of the Backup Special Tax A. The Maximum Special Tax A for each Parcel of Non-Residential Property or Multifamily Residential Property shall be the Assigned Special Tax described in Table 1. The Maximum Special Tax B for each Parcel of Residential Property other than Multifamily Residential Property shall be $58.00 per unit. The Maximum Special Tax B for each parcel of Non-Residential Property or Multifamily Residential Property shall be $385 per acre. These amounts shall increase by 2.00% each year following Fiscal Year 2004-2005. The Maximum Special Tax for each Parcel categorized as Developed Property shall be the Maximum Special Tax A plus the Maximum Special Tax B. a. Assigned Special Tax The Assigned Special Tax for each Parcel of Developed Property, except Multiple Land Use Property, is shown in Table 1., below. TABLE 1 Assigned Special Taxes for Developed Property Assigned Taxable Special Tax Per Land use category unit Residential Floor Area Taxable Unit A - Residential Property D/U 4,000 or more sq. fl. $2,294 B - Residential Property D/U 3,600 or more, but less than 4,000 sq. ft. $1,599 C - Residential Property D/U 3,200 or more, but less than 3,600 sq. ft. $1,538 D - Residential Propert~ D/U 2,800 or more, but less than 3,200 sq. fr. $1,360 E - Residential Propert~ D/U 2,400 or more, but less than 2,800 sq. ft. $1,229 F - Residential Property D/U 2,000 or more, but less than 2,400 sq. 1~. $1,120 G - Residential Properly D/U Less than 2,000 sq. fl. $987 H - Multifamily Residential Property Acre N/A $9,374 I - Non-Residential ProDert~ Acre N/A $6,404 Backup Special Tax The Backup Special Tax shall be $9,374 per Acre for Parcels of Developed Property that are included in a Final Map. Notwithstanding the foregoing, if parcels of Residential property are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax shall be recalculated. c. Multiple Land Use Property In some instances a Parcel of Developed Property may contain more than one Land Use Category. The Assigned Special Tax levied on such a Parcel shall be the sum of the Assigned Special Tax levies for all Land Use Categories located on that Parcel. The Backup Special Tax A levied on a Parcel shall be the sum of the Backup Special Tax A levies that can be imposed on all Land Use Categories located on that Parcel. The Maximum Special Tax A levied on a Parcel shall be the sum of the Maximum Special Tax A levies that can be imposed on all Land Use Categories located on that Parcel. For purposes of calculating the Backup Special Tax A (but not the Assigned Special Tax) for each Land Use Category under such circumstances, the Acreage assigned to each Land Use Category shall be based on the proportion of Residential Floor Area or Non-Residential Floor Area that is built for each Land Use Category as compared with the Total Floor Area built on the Parcel. The CFD Administrator shall determine all allocations made under this section, and all such allocations shall be final. 2. Approved Property The Maximum Special Tax A for each Parcel of Approved Property shall be $9,374 per Acre. The Maximum Special Tax B for each Parcel of Approved Property shall be $385 per Acre and shall increase by 2.00% each year following Fiscal Year 2004-2005. The Maximum Special Tax for each Parcel categorized as Approved Property shall be the Maximum Special Tax A plus the Maximum Special Tax B. 3. Undeveloped Property The Maximum Special Tax A for each Parcel of Undeveloped Property shall be $9,374 per Acre. The Maximum Special Tax B for each Parcel of Undeveloped Property shall be $385 per Acre and shall increase by 2.00% each year following Fiscal Year 2004-2005. The Maximum Special Tax for each Parcel categorized as Undeveloped Property shall be the Maximum Special Tax A plus the Maximum Special Tax B. 4. Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E. The Maximum Special Tax for each Parcel of Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E,shall be $9,374 per Acre. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2004-2005 and for each following Fiscal Year, the CFD Administrator shall levy the Special Tax on all Taxable Property as follows: First: The Special Tax A shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rate in Table 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 in equal percentages from the Assigned Special Tax up to the Maximum Special Tax A for each such Parcel; Fifth: If additional moneys are needed to satisfy the Special Tax Requirement A after the first four steps have been completed, the Special Tax A shall be levied Proportionately on each Parcel of Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E., at up to 100% of the Maximum Special Tax A. Notwithstanding the above, under no circumstances will the Special Taxes levied against any Parcel of Residential Property be increased by more than ten percent (10%) per Fiscal Year as a consequence of delinquency or default by the owner of any other Parcel within the CFD. E. EXEMPTIONS The Board shall not levy Special Taxes on up to 33 Acres of Public School District Property. Any residential development or non-residential development occurring within these 33 Acres shall be assigned to the appropriate land use category as defined in Section B and will be taxed at the rates listed under Table 1 in Section C. The Board shall further not levy Special Taxes up to 232 Acres of Public Property and/or Property Owner's Association Property of the CFD. The CFD Administrator will assign Exempt Property status in the chronological order in which property becomes Public Property and/or Property Owner's Association Property. After the limit of Acres within each of the above has been reached, the Maximum Special Tax A obligation for any additional Public Property and/or Property Owner's Association Property shall be prepaid in full pursuant to Section H., prior to the transfer or dedication of such property. Until the Maximum Special Tax A obligation is prepaid as provided for in the preceding sentence, the Public Property and/or Property Owner's Association Property within the CFD shall be subject to the levy of the Special Tax as provided for in the fifth step in Section D. F. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary Ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act. G. REVIEW AND APPEAL Any taxpayer may file a written appeal of the Special Tax levied on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant's property. No refunds of previously paid Special Taxes shall be made. H. PREPAYMENT OF SPECIAL TAX The following definitions apply to this Section H: "CFD Public Facilities means $25,800,000 expressed in 2003 dollars, which shall increase by the Construction Inflation Index on July 1, 2004, and on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide the public facilities under the authorized bonding program of the CFD, or (ii) shall be determined by the Board of Directors concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture to hold funds that are currently available for expenditure to acquire or construct public facilities eligible to be funded by the CFD under the Act. "Construction Inflation Index" means the annual percentage change in the Engineering News-Record Building Cost Index for the City of Los Angeles, measured as of the calendar year, which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Engineering New-Record Building Cost Index for the City of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus public facility costs funded or available to be funded by the mount in the Construction Fund, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. "Outstanding Bonds" means all previously issued Bonds secured by the levy of Special Taxes, which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Taxes. 1. Prepayment in Full - Special Tax A The Maximum Special Tax A obligation may only be prepaid and permanently satisfied by a Parcel of Developed Property, Approved Property for which a building permit has been issued, or Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to Section E, except that a Special Tax B may be levied on such Parcel after the prepayment has occurred. The Maximum Special Tax A obligation applicable to such Parcel may be fully prepaid and the obligation of the Parcel to pay the Special Tax A permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to the Parcel at the time of prepayment. An owner of a Parcel intending to prepay the Maximum Special Tax A obligation shall provide the CFD Administrator with written notice of intent to prepay, and within 10 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the proper prepayment amount. Within 5 business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount of such Parcel. Prepayment must be made not less than 60 days prior to any redemption date, unless authorized by the CFD Administrator, for any Bonds to be redeemed with the proceeds of such prepaid Special Tax A. The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Total: Bond Redemption Amount plus plus plus plus less equals Redemption Premium Future Facilities Amount Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: For Parcels of Developed Property, compute the Maximum Special Tax A for the Parcel to be prepaid. For Parcels of Approved Property to be prepaid, compute the Maximum Special Tax A for that Parcel as though it was already designated as Developed 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. Divide the Maximum Special Tax A computed pursuant to paragraph 1 by the total estimated Maximum Special Taxes A based on the Developed Property Special Tax A which could be charged on all expected development, less any Parcels which have been prepaid. Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount"). Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium'). 5. Compute the Future Facilities Costs. Multiply the quotient computed pursuant to paragraph 2 by the amount determined pursuant to paragraph 5 to compute the amount of Future Facilities Costs to be prepaid (the "Future Facilities Amount') Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. 8. Determine the Special Taxes A levied on the Parcel in the current Fiscal Year which have not yet been paid. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Bond Redemption Amount less the Future Facilities Amount from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 10. Add the amounts computed pursuant to paragraphs 7 and 8 and subtract the amount computed pursuant to paragraph 9 (the "Defeasance Amount"). 11. Verify the administrative fees and expenses, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming the Outstanding Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses"). 12. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 13. The Maximum Special Tax A prepayment is equal to the sum of the amounts computed pursuant to paragraphs 3, 4, 6, 10 and 11, less the amount computed pursuant to paragraph 12 (the "Prepayment Amount"). 14. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 10 and 12 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 6 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 11 shall be retained by the CFD. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of Bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax A levy as determined under paragraph 8 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax A levy for such Parcel from the County tax rolls. With respect to any Parcel that is prepaid, the Board of Directors shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Tax A and the release of the Special Tax A lien on such Parcel, and the obligation of such Parcel to pay the Special Tax A shall cease. However, Special Tax B shall still be levied on such Parcel. Notwithstanding the foregoing, no Special Tax A prepayment shall be allowed unless the amount of Maximum Special Tax A that may be levied on Taxable Property after the proposed prepayment is at least 1.10 times the maximum annual debt service on all Outstanding Bonds. 2. Prepayment in Part - Special Tax A The Maximum Special Tax A on a Parcel of Developed Property or a Parcel of Approved Property for which a building permit has been issued may be partially prepaid in increments of $5,000. The amount of the prepayment shall be calculated as in Section H. 1., except that a partial prepayment shall be calculated according to the following formula: PP = ((P~ -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 2004-2005. All Parcels of Taxable Property within CFD No. 03-03 shall continue to be subject to the levy and collection of the Special Tax to satisfy the Special Tax B Requirement. EXHIBIT C TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) NOTICE OF PUBLIC HEARING Notice is hereby given that on July 22, 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 03-03." 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 has 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. 03-03 (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. 03-03 (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, and the fixed special assessment lien to be eliminated in whole or in part by payments from the District and pursuant to the Law, shall consist of those items listed on Exhibit A hereto under the headings "Facilities," "Services" and "Prior Lien," 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, with the Riverside County Flood Control and Water Conservation District, with the Temecula Community Services District, with the Eastern Municipal Water District, and with 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, the Services, and the elimination of the Prior Lien and/or pay the principal and interest as it becomes due on bonds of the District issued to pay for the Facilities, the Services, and the elimination of the Prior Lien, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied within the District and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors 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, and to finance the elimination of the Prior Lien. If so issued, the bonds shall be in the aggregate principal amount of not to exceed $33,000,000, 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 elimination of the Prior Lien, 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, Services and Prior Lien 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, the Services and the Prior Lien. (b) An estimate of the fair and reasonable cost of providing the Facilities and the Services, and of eliminating the Prior Lien, including the incidental expenses in connection therewith, including the costs of the proposed bond financing, any Authority or City of Temecula administrative costs and all other related costs. Said report shall be made a part of the record of the public hearing provided for below. Section 11. Tuesday, August 12, 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 ("Wolf 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 Sections 15162, 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 off 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. The Board of Directors may in the future, by resolution, approve an agreement pursuant to Section 53314.9 of the California Government Code, to accept an advance or advances of funds or work-in-kind from one or more landowners in the District or related entities, which advances may be repaid and work-in-kind may be reimbursed to the person or entity which advanced the funds or work-in-kind subject to compliance with the applicable provisions of Section 53314.9 of the California Government Code. Section 16. This Resolution shall take effect upon its adoption. B. The exhibits to the Resolution which describe the facilities and services to be funded, the prior lien to be eliminated, 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, August 12, 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: July __, 2003 /s/ Susan W. Jones, CMC Secretary, Temecula Public Financing Authority 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. 03-03 (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 03-03," 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"), funding certain maintenance services (the "Services"), and to eliminate in whole or in part an existing special assessment lien (the "Prior Lien") on parcels in the proposed community facilities district, 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 $29,000,000; and WHEREAS, in order to finance said portion of the costs of the Facilities and the Services, and to eliminate the Prior Lien, it is necessary to incur bonded indebtedness in the amount of not to exceed $33,000,000. 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. 03-03 (Wolf Creek) (the "District") in the amount of not to exceed $33,000,000 to finance a portion of the costs of the Facilities and of the Services, and the costs of eliminating the Prior Lien. 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, and the financing of the costs of eliminating the Prior Lien, 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 $33,000,000, 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, August 12, 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 R:/TPFA Resos 2003/TPFA 03-~ 1 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. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 22"d day of July, 2003. ATTEST: Jeffrey E. Stone, Chairperson Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 03- was duly adopted at a regular meeting of the Board of Directors of the Temecula Public Financing Authority on the 22'd day of July, 2003, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: Susan W. Jones, CMC City Clerk/Authority Secretary R:/TPFA Resos 2003FFPFA 03- 2 EXHIBIT a TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) NOTICE OF PUBLIC HEARING Notice is hereby given that on July 22, 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. 03-03 (Wolf Creek)." Pursuant to the Mello-Roos Community Facilities Act of 1982, the Board of Directors of the Authority hereby gives notice as follows: 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 03-03," 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"), funding certain maintenance services (the "Services"), and to eliminate in whole or in part an existing special assessment lien (the "Prior Lien") on parcels in the proposed community facilities district, 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 $29,000,000; and WHEREAS, in order to finance said portion of the costs of the Facilities and the Services, and to eliminate the Prior Lien, it is necessary to incur bonded indebtedness in the amount of not to exceed $33,000,000. 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. 03- 03 (Wolf Creek) (the "District") in the amount of not to exceed $33,000,000 to finance a portion of the costs of the Facilities and of the Services, and the costs of eliminating the Prior Lien. R:?I'PFA Re.sos 2003/TPFA 03- 3 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, and the financing of the costs of eliminating the Prior Lien, 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 $33,000,000, 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, August 12, 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: July __, 2003 Temecula Public Financing Authority Is~ Susan W. Jones, CMC Secretary, R:/TPFA Resos 2003/'rPFA 03- 4 RESOLUTION NO. TPFA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF ABANDONMENT OF PROCEEDINGS TO FORM THE COMMUNITY FACILITIES DISTRICT NO. 01-3 (~NOLF CREEK) WHEREAS, on March 18, 2003, this Board of Directors adopted resolutions of intention to establish the Temecula Public Financing Authority Community Facilities District No. 01-3 (Wolf Creek) ("CFD 01-3") and to incur bonded indebtedness of the proposed CFD 01-3; and WHEREAS, on March 21, 2003, a map of the boundaries of the proposed CFD 01-3 was recorded in Book 52 at Page 93 of Maps of Assessment and Community Facilities Districts (document number 2003-200844) in the office of the County Recorder of the County of Riverside; and WHEREAS, various changes have been requested by the owner of all of the property in CFD 01-3 with respect to the purposes of CFD 01-3 and the rate and method of apportionment of special taxes for CFD 01-3, such that, to avoid confusion in the future, Bond Counsel has recommended that new proceedings be initiated to form a community facilities district for the Wolf Creek development and that the proceedings to form CFD 01-3 be abandoned, and WHEREAS, this Board of Directors now desires to abandon the proceedings to form CFD 01-3. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. The proceedings to form CFD 01-3 are hereby abandoned. Section 2. The Secretary is hereby directed to record a certified copy of this Resolution with the County Recorder, including the Certificate of the Secretary attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 22nd day of July, 2003. ATTEST: Jeffrey E. Stone, Chairperson Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] R:/TPFA Resos 2003/'rPFA 03-__ 1 STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 03- was duly adopted at a regular meeting of the Board of Directors of the Temecula Public Financing Authority on the 22nd day of July, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: BOARDMEMBERS: BOARDMEMBERS: BOARDMEMBERS: BOARDMEMBERS: Susan W. Jones, CMC City Clerk/Authority Secretary R:/TPFA Resos 2003/'rPFA 03-__ 2 EXHIBIT A Recording Requested by and When Recorded Return to: City Clerk, City of Temecula 43174 Business Park Drive Temecula, California 92590 CERTIFICATE OF THE SECRETARY OF THE BOARD OF DIRECTORS OF THE TEMCULA PUBLIC FINANCING AUTHORITY relating to: PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 01-3 (WOLF CREEK) The undersigned Secretary of the Board of Directors of the Temecula Public Financing Authority hereby certifies as follows: 1. Attached hereto is a true and correct copy of a resolution of abandonment of proceedings to form the Temecula Public Financing Authority Community Facilities District No. 01-3 (Wolf Creek) ("CFD 01-3"), which was duly adopted by the Board of Directors of the Temecula Public Financing Authority (the "Authority") on July 22, 2003; and 2. The resolution of intention to establish CFD 01-3 was adopted by the Board of Directors of the Authority on March 18, 2003; and 3. The map of the proposed boundaries of CFD 01-3 was filed with the County Recorder of the County of Riverside on March 21,2003, and was recorded by said County Recorder in Book 52 at Page 93 of Maps of Assessment and Community Facilities Districts (document number 2003- 200844); and 4. Pursuant to Section 3117 of the California Streets and Highways Code, the County Recorder of the County of Riverside shall index the Resolution of Abandonment in the book containing the index of the maps of assessment and community facilities districts. Dated: July __, 2003 Secretary of the Board of Directors of the Temecula Public Financing Authority By: Susan W. Jones, CMC R:/TPFA Resos 2003/TPFA 03-~ 3 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 03-03 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 has 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 distdct under the Law to be known as the Temecula Public Financing Authority Community Facilities Distdct No. 03-03 (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 Distdct is Temecula Public Financing Authority Community Facilities District No. 03-03 (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, and the fixed special assessment lien to be eliminated in whole or in part by payments from the District and pursuant to the Law, shall consist of those items listed on Exhibit A hereto under the headings "Facilities," "Services" and "Prior Lien," 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, with the Riverside County Flood Control and Water Conservation District, with the Temecula Community Services District, with the Eastern Municipal Water District, and with 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, the Services, and the elimination of the Prior Lien and/or pay the principal and interest as it becomes due on bonds of the District issued to pay for the Facilities, the Services, and the elimination of the Prior Lien, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied within the Distdct 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 pdvate 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, and to finance the elimination of the Prior Lien. If so issued, the bonds shall be in the aggregate principal amount of not to exceed $33,000,000, 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 cf 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 elimination of the Prior Lien, 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, Services and Prior Lien 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, the Services and the Prior Lien. (b) An estimate of the fair and reasonable cost of providing the Facilities and the Services, and of eliminating the Prior Lien, including the incidental expenses in connection therewith, including the costs of the proposed bond financing, any Authority or City of Temecula administrative costs and all other related costs. Said report shall be made a part of the record of the public hearing provided for below. Section 11. Tuesday, August 26, 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 ara 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 ara 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 ("Wolf 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 Sections 15162, 15263 or 15265 of the State CEQA Guidelines could be based to raquire 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 off the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. Pursuant to CEOA 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. The Board of Directors may in the future, by resolution, approve an agreement pursuant to Section 53314.9 of the California Government Code, to accept an advance or advances of funds or work-in-kind from one or more landowners in the District or related entities, which advances may be repaid and work-in-kind may be reimbursed to the person or entity which advanced the funds or work-in-kind subject to compliance with the applicable provisions of Section 53314.9 of the California Government Code. Section 16. 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 22nd day of July, 2003. ATTEST: Jeffrey E. Stone, Chairperson Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 03- was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 22nd day of July, 2003, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: Susan W. Jones, CMC City Clerk/ Authority Secretary EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) DESCRIPTION OF FACILITIES AND SERVICES TO BE FUNDED BY THE DISTRICT AND PRIOR LIEN TO BE ELIMINATED BY THE DISTRICT FACILITIES The CFD may finance all or a portion of the costs of the following: 1. Loma Linda Storm Drain Construct Loma Linda storm drain from Pechanga Parkway to "A" Street a distance of approximately 2020 feet including pipe, manholes, catch basins laterals and other appurtenant improvements necessary to complete the Loma Linda Storm Drain. 2. Wolf Valley Road Construct Wolf Valley Road from Pechanga Parkway to the northeasterly city limits of the City of Temecula, a distance of approximately 3510 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks, streetlights and other appurtenant improvements necessary to complete Wolf Valley Road. 3. "A" Street Construct "A" Street from Loma Linda Road to Interior Loop Road - North, a. distance of approximately 1480 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks, streetlights and other appurtenant improvements necessary to complete "A" Street. 4. Interior Loop Road - North Construct Interior Loop Road - North from Wolf Valley Road to Pechanga Parkway, a distance of approximately 3700 feet including grading, paving, landscaping, storm drains, curb and gutter, sidewalks, 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 Intedor Loop Road - South through the entire limits of the Wolf Creek project including grading, landscaping, walkways and other appurtenant improvements necessary to Construct the Linear Park and Nodes. 7. Six-Acre Nei,qhborhood Park Plannin,q 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. 12. Eastern Municipal Water District Improvements Sanitary sewer system and water system improvements to be designated by the Eastern Municipal Water Distdct on which it will expend up to $5,627,404 of bond funds. The Facilities shall include the acquisition of right-of-way, the costs of design, engineering and planning, the costs of any environmental or traffic studies, surveys or other reports, the cost of any required environmental mitigation and any required noise mitigation measures, landscaping and irrigation, soils testing, permits, plan check and inspection fees, insurance, legal and related overhead costs, coordination and supervision and any other costs or appurtenances related to any of the foregoing. SERVICES Maintenance of a drainage channel identified in the Wolf Creek Specific Plan adopted by the City Council of the City on January 23, 2001, including but not limited to salaries of City staff related to and a proportionate share of City overhead costs in connection with providing such services. PRIOR LIEN The CFD may fund amounts necessary to eliminate all or a portion of the lien imposed by the County of Riverside Assessment District No. 159 on the real property within the CFD. OTHER The CFD may also finance any of the following: 1. Bond related expenses, including underwriter's discount, reserve fund, capitalized interest, bond and disclosure counsel and all other incidental expenses. 2. Administrative fees of the Authority, the City of Temecula and the bond trustee or fiscal agent related to the CFD and any bonded indebtedness of the CFD. 3. Reimbursement of costs related to the formation of the CFD advanced by the Authority, the City or any related entity, or any landowner or developer within the CFD, as well as reimbursement of any costs advanced by the Authority or any related entity, or any landowner or developer within the CFD, for facilities, fees or other purposes or costs of the CFD. EXHIBIT B TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A Special Tax shall be levied and collected on all Taxable Property located within the boundaries of the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek), ("CFD"). The amount of Special Tax to be levied in each Fiscal Year, commencing in Fiscal Year 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. "Approved Property" means for any Fiscal Year, all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded pdor to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) for which a building permit was not issued prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied. "Assessor's Parcel Map" means an official map of the County designating parcels by a parcel number. "Assigned Special Tax" means each Land Use Category of Developed Property, as determined in accordance with Section C., below. "Authority" means the Temecula Public Financing Authority. "Backup Special Tax" means the Special Tax A applicable to each Parcel of Developed Property, as determine in accordance with Section C.1 .b. below. "Board of Directors" means the Board of Directors of the Authority, acting as the legislative body of the CFD. "Bonds" means any bonds or other indebtedness (as defined in the Act) issued by the CFD and secured by the levy of Special Taxes. "CFD" means Community Facilities Distdct No. 03-03 (Wolf Creek) of the Authority established pursuant to the Act. "CFD Administrator" means the Finance Director of the City, or designee thereof, responsible for determining the Special Tax Requirement and various other amounts described herein and for providing for the levy and collection of the Special Taxes. "City" means the City of Temecula. "County" means the County of Riverside. "Developed Property" means all Parcels of Taxable Property, not categorized as Approved Property, Undeveloped Property, Public Property and/or Property Owner's Association Property that are not Exempt Property pursuant to the provisions of Section E., below: (i) that are included in a Final Map that was recorded pdor to January 1st preceding the Fiscal Year in which the Special Tax is being levied and (ii) a building permit for new construction has been issued prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means any Parcel, which is exempt from Special Taxes pursuant to Section E., below. "Final Map" means a subdivision of property evidenced by the recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or the recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period starting on July 1st and eroding 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 Pamel to satisfy the Special Tax A Requirement. "Maximum Special Tax B" means the maximum amount of Special Tax B, determined in accordance with Section C. below, that can be levied in any Fiscal Year on any Pamel to satisfy the Special Tax B Requirement. "Multifamily Residential Property" means any Parcel of Residential Property that consists of a building or buildings comprised of attached residential units available for rental but not purchase, by the general public and under common management. "Multiple Land Use Property" means any Developed Property containing more than one Land Use Category (e.g. one structure containing Non-Residential Properly on the ground floor and Residential Property on the 2"d floor). "Non-Residential Floor Area" means all of the square footage within the perimeter of all structures on a Parcel used in part for non-residential purposes, measured from outside wall to outside wall, exclusive of overhangs, pomhes, patios, carports, or similar spaces attached to the building but generally open on at least two sides, as determined by reference to the building permit(s) issued for said Parcel, or if these are not available, as otherwise determined by the CFD Administrator. Once such determination has been made for a Parcel, it shall remain fixed in all futura Fiscal Years. "Non-Residential Property" means all Parcels of Developed Property for which a building permit was issued for any type of non-residential use. "Parcel(s)" means a lot or parcel shown on an Assessor's Parcel Map with an assigned parcel number as of January 1st preceding the Fiscal Year for which the Special Tax is being levied. "Property Owner's Association Property" means any property within the boundary of the CFD, which, as of January 1st of the preceding Fiscal Year for which the Special Tax is being levied has been conveyed, dedicated to, or irrevocably dedicated to a property owner association, including any master or sub-association. "Proportionately" means for Developed Property that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Parcels of Developed Property and for Approved Property, Undeveloped Property, Public Property and/or Property Owners Association Property that is not Exempt Property pursuant to Section E., that the ratio of actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all such Parcels. "Public Property" means any property within the boundary of the CFD which, as of January 1st of the preceding Fiscal Year for which the Special Tax is being levied is used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State of California, the County, City or any other local jurisdiction, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use, "Residential Floor Area" means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by the CFD Administrator with reference to the building permit(s) issued for such Assessor's Parcel or other appropriate means selected by the CFD Administrator. Once such determination has been made for a parcel, it shall remain fixed in all future Fiscal Years. "Residential Property" means all Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Special Tax(es)" means Special Tax A or Special Tax B. "Special Tax A" means the Special Tax to be levied in each Fiscal Year on each Parcel of Developed Property, Approved Property, Undeveloped Property, Property Owner Association Property and Public Property that is not Exempt Property pursuant to the provisions in Section E., to fund the Special Tax A Requirement, and shall include Special Taxes levied or to be levied under Sections D., below. "Special Tax B" means the Special Tax to be levied in each Fiscal Year on each Parcel of Developed Property, Approved Property, Undeveloped Property, Property Owner Association Property and Public Property that is not Exempt Property pursuant to the provisions in Section E., to fund the Special Tax B Requirement, and shall include Special Taxes levied or to be levied under Sections D., below. "Special Tax A Requirement" means that amount required in any Fiscal Year to pay: (i) annual debt service on all outstanding Bonds due in the calendar year which commences in such Fiscal Year; (ii) periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) Administrative Expenses; (iv) an amount equal to any anticipated shortfall due to Special Tax A delinquency in the prior Fiscal Year; and (v) any amounts required to establish or replenish any reserve funds for the outstanding Bonds; less (vi) a credit for funds available to reduce the annual Special Tax A levy as determined pursuant to the Indenture. "Special Tax B Requirement" means that amount required in any Fiscal Year to pay the estimated costs of providing services, including the salaries of City staff related to and a proportionate share of City overhead costs, for the maintenance of the Flood Control Channel in an amount not to exceed $100,000 for Fiscal Year 2003-2004, increasing by 2% each Fiscal Year there after. "Taxable Property" means all Parcels in the CFD which are not exempt from the Special Tax pursuant to law or Section E., below. "Total Floor Area" means for any Parcel identified as Multiple Land Use Property pursuant to Section C.l.c., below, the sum of the Residential Floor Area and Non-Residential Floor Area. "Undeveloped Property" means all Taxable Property not classified as Developed Property, Approved Property, Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E. B. ASSIGNMENT TO LAND USE CATEGORY Each Fiscal Year, commencing with the 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 dedved by application of the Backup Special Tax A. The Maximum Special Tax A for each Parcel of Non-Residential Property or Multifamily Residential Property shall be the Assigned Special Tax described in Table 1. The Maximum Special Tax B for each Parcel of Residential Property other than Multifamily Residential Property shall be $58.00 per unit. The Maximum Special Tax B for each parcel of Non-Residential Property or Multifamily Residential Property shall be $385 per acre. These amounts shall increase by 2.00% each year following Fiscal Year 2003-2004. The Maximum Special Tax for each Pamel categorized as Developed Property shall be the Maximum Special Tax A plus the Maximum Special Tax B. ao Assi.qned Special Tax The Assigned Special Tax for each Parcel of Developed Property, except Multiple Land Use Property, is shown in Table 1., below. TABLE 1 Assigned Special Taxes for Developed Property Land use Category e Unit. ' T~bl~ Utii A - Residential Property D/U 4,000 or more sq. ft. $2,294 B - Residential Property D/U 3,600 or moro, but less than 4,000 $1,599 sq. ft. C - Residential Property D/U 3,200 or moro, but less than 3,600 $1,538 sq. ft. D - Residential Property D/U 2,800 or moro, but less than 3,200 $1,360 sq. ft. E - Residential Property D/U 2,400 or more, but less than 2,800 $1,229 sq. ft. F - Residential Property D/U 2,000 or moro, but less than 2,400 $1,120 sq. ff. G - Residential Property D/U Less than 1,600 sq. ft. $987 H - Multifamily Residential Acre N/A $8,892 Property I - Non-Residential Property Acre N/A $8,892 b. Backup Special Tax The Backup Special Tax shall be $8,892 per Acre for Parcels of Developed Property that aro included in a Final Map° Notwithstanding the forogoing, if parcels of Residential property are subsequently changed or modified by rocordation of a lot line adjustment or similar instrument, then the Backup Special Tax shall be recalculated. Multiple Land Use Property In some instances a Parcel of Developed Properly may contain moro 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 Pamel. 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 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 Properly 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 $8,892 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 $8,892 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 in equal percentages from the Assigned Special Tax up to the Maximum Special Tax A for each such Parcel; Fifth: If additional moneys are needed to satisfy the Special Tax Requirement A after the first four steps have been completed, the Special Tax A shall be levied Proportionately on each Parcel of Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E., at up to 100% of the Maximum Special Tax A. Notwithstanding the above, under no circumstances will the Special Taxes levied against any Parcel of Residential Property be increased by more than ten percent (10%) per Fiscal Year as a consequence of delinquency or default by the owner of any other Parcel within the CFD. E. EXEMPTIONS The Board shall not levy Special Taxes on up to 33 Acres of Public 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 properly. 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. Dudng the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant's property. No refunds of previously paid Special Taxes shall be made. H. PREPAYMENT OF SPECIAL TAX The following definitions apply to this Section H: "CFD Public Facilities means $25,800,000 expressed in 2003 dollars, which shall increase by the Construction Inflation Index on July 1, 2004, and on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide the public facilities under the authorized bonding program of the CFD, or (ii) shall be determined by the Board of Directors concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture to hold funds that are currently available for expenditure to acquire or construct public facilities eligible to be funded by the CFD under the Act. "Construction Inflation Index" means the annual percentage change in the Engineering News-Record Building Cost Index for the City of Los Angeles, measured as of the calendar year, which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Engineering New-Record Building Cost Index for the City of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus public facility costs funded or available to be funded by the amount in the Construction Fund, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. "Outstanding Bonds" means all previously issued Bonds secured by the levy of Special Taxes, which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of pdor prepayments of Maximum Special Taxes. 1. Prepayment in Full - Special Tax A The Maximum Special Tax A obligation may only be prepaid and permanently satisfied by a Parcel of Developed Property, Approved Property for which a building permit has been issued, or Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to Section E, except that a Special Tax B may be levied on such Parcel after the prepayment has occurred. The Maximum Special Tax A obligation applicable to such Parcel may be fully prepaid and the obligation of the Parcel to pay the Special Tax A permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to the Parcel at the time of prepayment. An owner of a Parcel intending to prepay the Maximum Special Tax A obligation shall provide the CFD Administrator with written notice of intent to prepay, and within 10 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the proper prepayment amount. Within 5 business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount of such Parcel. Prepayment must be made not less than 60 days prior to any redemption date, unless authorized by the CFD Administrator, for any Bonds to be redeemed with the proceeds of such prepaid Special Tax A. The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus plus plus plus less Total: equals Redemption Premium Future Facilities Amount Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: For Parcels of Developed Properly, 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. Divide the Maximum Special Tax A computed pursuant to paragraph 1 by the total estimated Maximum Special Taxes A based on the Developed Property Special Tax A which could be charged on all expected development, less any Parcels which have been prepaid. Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount"). 4. Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"). 5. Compute the Future Facilities Costs. Multiply the quotient computed pursuant to paragraph 2 by the amount determined pursuant to paragraph 5 to compute the amount of Future Facilities Costs to be prepaid (the "Future Facilities Amount") Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. 8. Determine the Special Taxes A levied on the Parcel in the current Fiscal Year which have not yet been paid. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Bond Redemption Amount less the Future Facilities Amount from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 10. Add the amounts computed pursuant to paragraphs 7 and 8 and subtract the amount computed pursuant to paragraph 9 (the "Defeasance Amount'). 11. Verify the administrative fees and expenses, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming the Outstanding Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses"). 12. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 13. The Maximum Special Tax A prepayment is equal to the sum of the amounts computed pursuant to paragraphs 3, 4, 6, 10 and 11, less the amount computed pursuant to paragraph 12 (the "Prepayment Amount"). 14. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 10 and 12 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 6 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 11 shall be retained by the CFD. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. in such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of Bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax A levy as determined under paragraph 8 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax A levy for such Parcel from the County tax rolls. With respect to any Parcel that is prepaid, the Board of Directors shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Tax A and the release of the Special Tax A lien on such Parcel, and the obligation of such Parcel to pay the Special Tax A shall cease. However, Special Tax B shall still be levied on such Parcel. Notwithstanding the foregoing, no Special Tax A prepayment shall be allowed unless the amount of Maximum Special Tax A that may be levied on Taxable Property after the proposed prepayment is at least 1.10 times the maximum annual debt service on all Outstanding Bonds. 2. Prepayment in Part - Special Tax A The Maximum Special Tax A on a Parcel of Developed Property or a Parcel of Approved Property for which a building permit has been issued may be partially prepaid in increments of $5,000. The amount of the prepayment shall be calculated as in Section H.I., except that a partial prepayment shall be calculated according to the following formula: PP = ((PE-A)x F)+A These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section H. 1 F = the percent by which the owner of the 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. 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. 03-03 shall continue to be subject to the levy and collection of the Special Tax to satisfy the Special Tax B Requirement. EXHIBIT C TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) NOTICE OF PUBLIC HEARING Notice is hereby given that on July 22, 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 03-03.' 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 has been submitted to this Board of Directors a Petition (Including Waiver) of S-P Murdy, LLC (the ~Petition"), requesting the fon'nation 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. 03-03 (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. 03-03 (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 Distdct and pursuant to the Law, and the fixed special assessment lien to be eliminated in whole or in part by payments from the District and pursuant to the Law, shall consist of those items listed on Exhibit A hereto under the headings "Facilities," "Services" and "Prior Lien," 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, with the Riverside County Flood Control and Water Conservation District, with the Temecula Community Services District, with the Eastern Municipal Water District, and with 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, the Services, and the elimination of the Prior Lien and/or pay the principal and interest as it becomes due on bonds of the Distdct issued to pay for the Facilities, the Services, and the elimination of the Prior Lien, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied within the District and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors 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, and to finance the elimination of the Prior Lien. If so issued, the bonds shall be in the aggregate principal amount of not to exceed $33,000,000, 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 elimination of the Prior Lien, 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, Services and Prior Lien and to make, or cause to be made, and file with the Secretary a report in writing, presenting the following: (a) A bdef description of the Facilities, the Services and the Prior Lien. (b) An estimate of the fair and reasonable cost of providing the Facilities and the Services, and of eliminating the Prior Lien, including the incidental expenses in connection therewith, including the costs of the proposed bond financing, any Authority or City of Temecula administrative costs and all other related costs. Said report shall be made a part of the record of the public hearing provided for below. Section 11. Tuesday, August 26, 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 Ddve, 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 headng 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 ("Wolf 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 Sections 15162, 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 1506 l(b) of the California Environmental Quality Act (CEQA) Guidelines is not a "Project" as defined in Section 15378 off 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. The Board of Directors may in the future, by resolution, approve an agreement pursuant to Section 53314.9 of the California Government Code, to accept an advance or advances of funds or work-in-kind from one or more landowners in the District or related entities, which advances may be repaid and work-in-kind may be reimbursed to the person or entity which advanced the funds or work-in-kind subject to compliance with the applicable provisions of Section 53314.9 of the California Government Code. Section 16. This Resolution shall take effect upon its adoption. B. The exhibits to the Resolution which describe the facilities and services to be funded, the prior lien to be eliminated, 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, August 26, 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: July __, 2003 /si Susan W. Jones, CMC Secretary, Temecula Public Financing Authority 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. 03-03 (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 03-03," stating its intention to form a community facilities distdct 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 UFacilities"), funding certain maintenance services (the "Services"), and to eliminate in whole or in part an existing special assessment lien (the uPrior Lien") on parcels in the proposed community facilities district, 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 $29,000,000; and WHEREAS, in order to finance said portion of the costs of the Facilities and the Services, and to eliminate the Prior Lien, it is necessary to incur bonded indebtedness in the amount of not to exceed $33,000,000. 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. 03-03 (Wolf Creek) (the UDistrict") in the amount of not to exceed $33,000,000 to finance a portion of the costs of the Facilities and of the Services, and the costs of eliminating the Prior Lien. 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, and the financing of the costs of eliminating the Prior Lien, 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 $33,000,000, 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, August 26, 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 Ddve, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as R:/TPFA Resos 2003/'rPFA 03-__ I r ~ 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. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 22nd day of July, 2003. ATTEST: Jeffrey E. Stone, Chairperson Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 03- was duly adopted at a regular meeting of the Board of Directors of the Temecula Public Financing Authority on the 22nd day of July, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: BOARDMEMBERS: BOARDMEMBERS: BOARDMEMBERS: BOARDMEMBERS: Susan W. Jones, CMC City Clerk/Authority Secretary R:/TPFA Resos 2003rFPFA 03- 2 EXHIBIT a TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (VVOLF CREEK) NOTICE OF PUBLIC HEARING Notice is hereby given that on July 22, 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. 03-03 0Noir Creek)." Pursuant to the Mello-Roos Community Facilities Act of 1982, the Board of Directors of the Authority hereby gives notice as follows: 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 03-03," 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"), funding certain maintenance services (the "Services"), and to eliminate in whole or in part an existing special assessment lien (the "Prior Lien") on parcels in the proposed community facilities district, 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 $29,000,000; and WHEREAS, in order to finance said portion of the costs of the Facilities and the Services, and to eliminate the Prior Lien, it is necessary to incur bonded indebtedness in the amount of not to exceed $33,000,000. 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. 03- 03 (Wolf Creek) (the "District") in the amount of not to exceed $33,000,000 to finance a portion of the costs of the Facilities and of the Services, and the costs of eliminating the Prior Lien. R:/TPFA Resos 2003rrPFA 03- 3 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, and the financing of the costs of eliminating the Prior Lien, 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 $33,000,000, 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, August 26, 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: July__, 2003 Temecula Public Financing Authority /si Susan W. Jones, CMC Secretary, R:/TPFA Resos 2003?rPFA 03- 4 ITEM 16 APPROVAL CITY ATTORNEY ~ DIRECTOR OF FINAN~r: CITY MANAGER /'~'~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/C.~b' Cpu~,cil Gary Thornh~ll',~DeVp t~y/City Manager July 22, 2003 Weed Abatement Lien Resolution fo~: FY 2001-2002 and for FY 2002-2003 PREPARED BY: Stephen Brown, Principal Planner RECOMMENDATION: That the City Council Adopt two Resolutions Entitled: RESOLUTION NO, 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OFABATEMENT AND REMOVAL OF HAZARDOUS VEGETATIONFOR THE FISCAL YEAR 2001-2002 And RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OFABATEMENT AND REMOVAL OF HAZARDOUS VEGETATIONFOR THE FISCAL YEAR 2002-2003 BACKGROUND: The City of Temecula is responsible for weed abatement for properties that are not cleared of hazardous weeds dudng the spring and summer abatement season. The City contracts with local weed abatement specialists to bring parcels with hazardous conditions into compliance with the Temecula Municipal Code. The owners of these parcels are billed by the City to recover the costs of the contractor plus an administrative fee. If the owners do not respond to the billing request, the City is required to place a lien on the property to recover the costs. R:\BROWNS~Code\weed ab~temet\weed abatement 03~4\weed abatement CC Stafrpt ? 22~3 doc The lien process requires that a public hearing be held before the City Council to hear comments from the property owners with respect to the costs proposed to be assessed against their properties and to confirm those costs. Following the public hearing, the Council must adopt a resolution for the fiscal year which: Confirms the costs incurred by the City in performing the weed abatement work. Provides that the actual abatement costs will become a lien upon the properties and upon recordation, in the amount of the costs. Provides that the Resolution will be transmitted to the Riverside County Treasurer-Tax Collector so the amounts of the assessments would be entered upon the parcels as they appear on the on the assessment rolls and the costs will be collected on the property tax bill. Staff is requesting Council action for the Fiscal Year 2001-2002 due to an error by our previous consultant who placed the liens on the tax roll without City Council approval. Staff is further requesting action on the Fiscal Year 2002-2003, which is normally presented to the Council at this point of the weed abatement cycle. With the Council's positive action, staff will forward the adopted resolutions to our consultant for placement with the Riverside County Treasurer-Tax Collector by the August 10, 2003 deadline. FISCAL IMPACT: The recording of these liens will enable the City to recover abatement costs through the County's property tax collection system. The City will recover the line item budgeted amounts paid out to the weed abatement contractors, further, the City will recover an administrative fee placed on each parcel that was abated through City contracted abatement specialists. For the FY 2001-2002 we expect to recover $38,442.10 and for the FY 2002-2003 we will recover $9,628.60. ATTACHMENTS: Resolution No. 03- Exhibit "A" Abatement Charges, Fiscal Year 2001-2002 Resolution No. 03- Exhibit "B" Abatement Charges, Fiscal Year 2002-2003 R:\BROW NS~Cede\weed abatemet\weed abatement 03~4\weed abatemen[ CC Siafrpt 7-22~J3 doc Resolution No. 03- Exhibit "A" Abatement Charges, Fiscal Year 2001.2002 R:\BROW NS~Code\weed abatemet\weed abatement 03~4\weed abatement CC S{afnpt 7-22~3 .doc RESOLUTION NO. 03-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION For the Fiscal Year 2001-2002 Whereas, following a public hearing held on April 23, 1991, the City Council of the City of Temecula adopted Ordinance No. 91-18 which became effective on June 28, 1991 and which provides for expedited abatement of hazardous vegetation from vacant lots and parcels, and; Whereas, said abatement of hazardous vegetation has been completed for each of the parcels as described in the attached list of parcels (Exhibit "A"), at a cost equal to the costs of abatement and removal of hazardous vegetation on each parcel, and; Whereas, public headngs were held concerning the cost of abatement of these parcels and the Council heard all objections of property owners liable to be assessed for the cost of abatement, and; Now, Therefore, be it resolved by the City Council of the City of Temecula as follows: Section 1. All of the recitals herein set forth are true and correct, and the City Council so finds and determines. Section 2. The list of parcels and costs of abatement and removal of hazardous vegetation for each parcel is hereby reconfirmed and said costs shall constitute special assessments against the respective parcels of land, and are a lien of said land in the amount of the respective assessments. Section 3. A copy of this resolution shall be transmitted to the Treasurer-Tax Collector who shall enter the amounts of the respective assessments against the respective parcels of land as they appear in the current assessment roll, and shall collect said assessments at the same time in the same manner as ordinary municipal ad valorem taxes as provided in Section 39577 of the Government Code. R:~BROWNS\Code\weed abatemet\weed abatement 03-04\Weed Abatemeat Reso FY 01-02.~oc I PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 22 day of July, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that 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 22 day of ,2003, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:~BROWNS~Code\weed abMemet\weed abatement 03-04\Weed Abatement Reso FY 01-02,dec 2 Resolution No. 03- Exhibit "A" City of Temecula, Abatement Charges, Fiscal Year 01-02 ASSeSSOr Parcel Number OWnership Information Balance Due 909-310-020 Rancho Core Associates No. 1 $303.75 909-360-025 Rancho LB $329,25 909-360-042 Rancho LB $284.90 910-130-092 Diversified Investment Company $1,595.00 919-043-003 Shio C Lee $274.00 919-073-001 Kevin Spaargaren $296.00 919-082-005 Raymond S Province $232.00 919-092-007 Duane M Garceau $232.00 919-122-001 Mostafa Soukar $275.00 919-184-004 Richard A Sanchez $264.00 919-210-006 Mary E Schriever $294.00 919-210-013 Mark T Ault $274.00 919-440-001 George F Martin $430.00 921-020-041 Kemper Lumbermens Prop Inc $312.00 921-020-054 Eastern Municipal Water District $343.00 921-020-067 Stephen Cavadias $324.00 921-140-011 Sean Brady $214.00 921-211-001 Charles J Fiacco $247.50 921-242-008 Recerdo N Opina $274.00 921-330-024 Ik Hoon Chang $396.00 921-330-025 Ik Hoon Chang $396.00 921-480-015 Oceanside Associates $284.50 921-730-006 North Plaza $770.00 921-730-007 North Plaza $745.00 921-730-008 North Plaza $470.00 921-730-009 North Plaza $430.00 921-730-010 North Plaza $585.00 921-810-006 G ar)/W Lee $314,00 922-034-023 Angel F Jimenez $232.00 922-034-024 Angel F Jimenez $232,00 922-043-017 Floyd P Webster $232.00 922-053-013 Old Town Hacienda $170.50 922-054-011 Old Town Hacienda $107.00 922-052-010 Randi Fiaeran $84,00 922-100-006 Roger Chang $309.00 922-100-010 Tanya A Vint $309.00 922-100-021 Masanobu Imakura $242.00 922-100-022 Peter Pozzuoli $272.00 922-100-023 Peter Pozzuoli $272.00 922-110-013 Quality Associates $741,25 Page 1 of 3 Resolution No. 03- Exhibit "A" City of Temecula, Abatement Charges, Fiscal Year 01-02 Assessor Parcel Numbel Ownership Information Balance Due 922-110-020 Manuel V Orozco $276.00 922-120-017 Temecuia Der Partners 1 LTD $274.00 922-120-018 Temecula Dev Partners 1 LTD $329.00 922-120-019 Temecula Dev Partners 1 LTD $329.00 922-130-014 Herman Safran $345,00 922-170-014 Temecula Bedford Court Inv $470.00 922-170-015 Temecula Bedford Court Inv $310,00 922-190-013 Lyons $550.00 940-300-014 Rancho California Business Park $335.00 940-310-027 Iohn A Svenningsen $398.75 940-310-047 John Firestone $735.00 944-330-007 Rancho California Highlands I $348.50 945-080-005 Rancho Canyon Partners $157.00 945-110-005 Curtis Williamson $613.60 945-120-010 Patricia Ann & Larry Fast $270.00 945-150-008 Robert M Helfrich $349.00 945-150-009 James Matteson $454.00 945-160-006 Wayne Guralnick $399.70 945-160-012 Cesare Tuccinardi $310.00 945-170-006 Sean Michael Browning $357.50 945-170-016 David Pulsipher $370.80 945-170-017 Grant J Hamel $336.70 955-150-026 Paloma Del Sol Assn $245.25 955-150-027 &lterra Healthcare Corp $348.35 957-020-009 !Yogesh Gorad[a $1,355.00 957-020-010 Yogesh Goradia $655.00 957-072-029 ~Yogesh Goradia $550.00 957-090-010 Kevin Naziri $490.05 957-130-020 Thomas L & Janet Gropp $346.00 957-140-007 Islamic Center of Temecula Valley $345.65 957-140-011 Islamic Center of Temecula Valley $332.50 957-150-017 Church of Christ Rancho Calif $472.80 957-170-037 J & L Prop $770.00 957-190-001 Bruce Millikin $1,345.00 957-250-024 :Edmond Laverda $287,00 957-250-025 'Edmond Laverda $362.00 957-250-026 Edmond Laverda $372.00 957-250-027 Edmond Laverda $372.00 957-310-030 !Ranpac $389.00 959-010-001 John Luttgens $314.00 Page 2 of 3 Resolution No. 03- Exhibit "A" City of Temecula, Abatement Charges, Fiscal Year 01-02 AssesSor Parcel Numbei OWnershiP informati°n BalanCe DUe 959-010-002 Santiago Estate 12 LLC $581.25 959-010-008 ABC Commercial Prop $626,30 959-020-004 Jerry Lessel $591.20 959-080-020 Allen Dredge $630.00 961-010-014 Alpine Gardens East Inc $1,345.00 961-010-015 Brian Sesko $1,380.00 961-010-021 Ron Cassini $200.00 945-170-008 John Tuccinardi $367.75 961-010-022 KCY Dev Inc $328.90 961-010-022 KCY Der Inc $328,90 $38,442.10 Page 3 of 3 Resolution No. 03- Exhibit "B" Abatement Charges, Fiscal Year 2002-2003 R:\BROW NS~,Code\weed abatemet\weed abatement 03~4\weed abatement CC S[afrpt 7-22~3 dec RESOLUTION NO. 03-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2002-2003 Whereas, following a public hearing held on April 23, 1991, the City Council of the City of Temecula adopted Ordinance No. 91-18 which became effective on June 28, 1991 and which provides for expedited abatement of hazardous vegetation from vacant lots and parcels, and; Whereas, said abatement of hazardous vegetation has been completed for each of the parcels as described in the attached list of parcels (Exhibit "B"), at a cost equal to the costs of abatement and removal of hazardous vegetation on each parcel, and; Whereas, public hearings were held concerning the cost of abatement of these parcels and the Council heard all objections of property owners liable to be assessed for the cost of abatement, and; Now, Therefore, be it resolved by the City Council of the City of Temecula as follows: Section 1. All of the recitals herein set forth are true and correct, and the City Council so finds and determines. Section 2. The list of parcels and costs of abatement and removal of hazardous vegetation for each parcel is hereby reconfirmed and said costs shall constitute special assessments against the respective parcels of land, and are a lien of said land in the amount of the respective assessments. Section 3. A copy of this resolution shall be transmitted to the Treasurer-Tax Collector who shall enter the amounts of the respective assessments against the respective parcels of land as they appear in the current assessment roll, and shall collect said assessments at the same time in the same manner as ordinary municipal ad valorem taxes as provided in Section 39577 of the Government Code. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 22 day of July, 2003. ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that 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 22 day of ,2003, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:kBROWNS\Codc\w¢cd abatcmct\weed abatement 03-04\Weed Abateracnt Rcso FY 02-03.doc 2 Resolution No. 03- Exhibit "B" City of Temecula, Abatement Charges, Fiscal Year 02-03 922-062-010 Randi Fiaeran $510.0C 922-110-013 Quality Associates $321.0C 910-262-007 Mike Coleman $232.10 945-070-009 Ernest & Helen Barrios $268.05 921-060-040 CH H $254.50 922-052-005 Raymond A Infantino $230.00 959-080-009 Pacific America Property Exchange $300.70 921-060-046 Rancho California Gateway $253.55 957-020-007 Heritage Sycamore Springs $466.45 957-020-008 Heritage Sycamore Springs $276.20 921o060-049 Rancho California Gateway $315.75 921-060-044 Rancho California Gateway $240.95 961-010-001 Rainbow Canyon LLC $404.35 919-081-005 Cecil & Steven Sharratt $1,395.00 919-073-001 Kevin & Carolyn Spaargaren $290.00 944-330-001 Rancho California Highlands II $2,290.00 944-330-003 Rancho California Highlands II $1,580.00 $9,628.60 Page 1 of 1 ITEM 17 A P P R OVA L ~¢'7~ ~ .~r---"- CITY ATTORNEY D REOTOR Or CITY MANAGER /,~' ' TO: FROM: DATE: TEMECULA CITY COUNCIL AGENDA REPORT City Council/City ~.j~. n~r Debbie Ubnoske', Planning Director July 22, 2003 SUBJECT:Planning Application No. PA02-0257 (Conditional Use Permit & Development Plan) - Grace Presbyterian Chumh Pre. pared By: Saied Naaseh, Senior Planner RECOMMENDATION: 1. Adopt a resolution entitled: RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0257, CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN TO CONSTRUCT, ESTABLISH AND OPERATE A CHURCH FACILITY IN TWO PHASES TO INCLUDE A FELLOWSHIP HALL WITH ADMINISTRATION AND CLASSROOM AREAS, A TEMPORARY MODULAR CLASSROOM BUILDING, A 450 SEAT CHURCH SANCTUARY WITH YOUTH ROOM, AND ADDITIONAL CLASSROOMS TOTALING 23,770 SQUARE FEET AT BUILD-OUT AND TO OVERRIDE THE AIRPORT LAND USE COMMISSION DECISION THAT DETERMINED THE PROPOSED USE TO BE INCONSISTENT WITH THE FRENCH VALLEY AIRPORT LAND USE PLAN ON THE 4.98 ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF CALLE MEDUSA AND NICHOLAS ROAD KNOWN AS ASSESSORS PARCEL NO. 957-140-010 R:\C U P~2002\02-0257 Grace Presbyterian Church\CC Staff Report 7-22-03.doc BACKGROUND: On June 18, 2003, the Planning Commission recommended approval of this project with a 5-0 vote. The Planning Commission is usually the final decision making body for religious institutions; however, since the Riverside County Airport Land Use Commission (ALUC) found the proposed project to be inconsistent with the French Valley Airport Land Use Plan, the City Council needs to override the ALUC's decision if this project is to be approved by the City. The Planning Commission supported the proposed project since it is suitable for the area and provides appealing architecture and design. The Planning Commission refined the conditions of approval to ensure screening the temporary modular classroom building from Nicolas Road and Calle Medusa. Further, the Commission discussed Airport Land Use Commission decision that determined the proposed project was inconsistent with the French Valley Airport Land Use Plan. This determination was based on the location of the site within the airport's Traffic Pattern Zone (TPZ). The French Valley Airport Comprehensive Plan discourages auditoriums, schools, and stadiums within the TPZ. The ALUC considers the proposed use to fall into this category of uses. The Commission was concerned that the cumulative impact of approving projects within the TPZ may limit future expansion of the airport. The Public Utilities Code Section 21774.5 (d) permits a City Council majority vote (two-thirds) to override the ALUC decisions if certain findings are made and certain conditions are adhered to by the project. These findings are included in the Findings Section of the resolution. Staff has added the ALUC recommended conditions of approval to the conditions of approval of the project in the event the City Council decides to override ALUC's decision. FlSCALIMPACT: None. ATTACHMENTS: 1. Resolution No. 03- Exhibit A Conditions of Approval 2. June 18, 2003 Planning Commission Staff Report R:\C U P~.002\02-0257 Grace Presbyterian Church\CC Staff Report 7-22-03.doc 2 ATrACHMENT NO. 1 RESOLUTION NO. 03- R:\C U P~002\02-0257 Grace Presbyterian Church\CC Staff Report 7-22-03.doc 3 RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0257, CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN TO CONSTRUCT, ESTABLISH AND OPERATE A CHURCH FACILITY IN TWO PHASES TO INCLUDE A FELLOWSHIP HALL WITH ADMINISTRATION AND CLASSROOM AREAS, A TEMPORARY MODULAR CLASSROOM BUILDING, A 450 SEAT CHURCH SANCTUARY WITH YOUTH ROOM, AND ADDITIONAL CLASSROOMS TOTALING 23,770 SQUARE FEET AT BUILD-OUT AND TO OVERRIDE THE AIRPORT LAND USE COMMISSION DECISION THAT DETERMINED THE PROPOSED USE TO BE INCONSISTENT WITH THE FRENCH VALLEY AIRPORT LAND USE PLAN ON THE 4.98 ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF CALLE MEDUSA AND NICHOLAS ROAD KNOWN AS ASSESSORS PARCEL NO. 957-140-010 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and A. Herron & Rumansoff Architects filed Planning Application No. PA02-0257 (Conditional Use Permit & Development Plan "Project"), in a manner in accord with the City of Temecula General Plan and Development Code; B. The application for the Project was processed and an environmental review was conducted as required by the California Environmental Quality Act. C. The Planning Commission of the City of Temecula held a duly noticed public hearing on June 18, 2003 to consider the application for the Project. D. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Project, the Planning Commission adopted PC Resolution No. 2003-041, recommending that the City Council approve Planning Application No. PA02-0257, a Conditional Use Permit and Development Plan to construct, establish and operate a church facility in two phases to include a fellowship hall with administration and classroom areas, a temporary modular classroom building, a 450 seat church sanctuary with youth room, and additional classrooms totaling 23,770 square feet at build-out and to override the Airport Land Use Commission decision that determined the proposed use to be inconsistent with the French Valley Airport Land Use Plan on the 4.98 acre site located at the southwest corner of Calle Medusa and Nicholas road known as Assessors Parcel No. 957-140-010 E. On July 22, 2003, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. R:\C U P~2002\02-0257 Grace Presbyterian Church\CC Staff Report 7-22-03.doc 4 F. On July 8, 2003, the City Council of the City of Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted Resolution No. 03- , which was prepared pursuant to CEQA Guidelines Section 15072. Section 2. In approving the Project, the City Council of the City of Temecula hereby makes the following findings: A. The proposed Conditional Use Permit is consistent with the General Plan and the Development Code. The Genera/Plan Land Use Designation and the Zoning of the property is Very Low Density Residential and religious facilities require a Conditional Use Permit in this Designation. B. The proposed Conditional Use Permit is compatible with the nature, condition, and development of adjacent uses, buildings, and structures and will not adversely affect the adjacent uses, buildings, or structures. The use is compatible with the religious facility to the west. It is surrounded by Nicolas Road and Calle Medusa to the north and east. It is also proposing to buffer the residential lot to the south of the site by the 36,000 square foot open space area and substantial grade difference. C. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer area, landscaping and other development features. As indicated on the Site Plan and Landscape Plan, the proposed project meets these requirements and all the requirements of the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety, and welfare of the community. Since the proposed project meets all Development Code requirements and will meet all the applicable building codes, and is compatible with the adjacent land uses, it is not detrimental to the health, safety, and welfare of the community. E. The decision to conditionally approve the conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council. The staff report along with all the exhibits, and the entire record of the project file represent the entire record for the proposed project and support these findings. F. The proposed use is in conformance with the objectives and applicable provisions of the General Plan, Development Code, and the Design Guidelines. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of the proposed development. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinance. G. The overall development of the land is designed for the protection of the public health, safety, and general welfare. R:\C U P~002\02-0257 Grace Presbyterian Church\CC Staff Report 7-22-03.doc 5 The project has been conditioned to conform to the Uniform Building Code, and all construction will be inspected by City staff prior to occupancy. The Fire Department staff has also found that the site design will provide adequate emergency access in the case of a need for emergency response to the site. H. In approving the override of ALUC's decision, the City has considered providing for orderly development of the French Valley Airport and the City has considered and consulted the French Valley Airport Land Use Plan (FALUP) and has considered protecting the health, safety, and welfare of the public. The City supports the development of the airport in the next 20 years; and the City has considered preserving the approaches to the runways as the City has recognized the FALUP in the City's General Plan. Section 3.4.5 of the FALUP states that it maybe impractical in all areas to encourage strict land use controls within the TPZ. The proposed project is in the outer edge of the TPZ. The applicant has considered alternative sites to completely or partially move their facility out of the TPZ; however, as an institution with limited resources the applicant has not been successful in obtaining a site outside this TPZ. The applicant has also considered moving the proposed use on the site as recommended by the ALUC; however, the site is not large enough to make this move. I. The City has considered the noise impacts of the airport on the proposed use and has determined that the interior noise levels of the proposed use will meet the General Plan's maximum permitted noise for public institutional uses such as the proposed use. The General Plan requires a maximum 50 CNEL interior noise level for these uses and the ALUC requires 45 CNEL. Since conventional construction is capable of reducing noise by approximately 20 dB and the site is located outside the 55 CNEL, as indicated in City's General Plan and the ALUC's letter, the proposed use will conform to both City's and ALUC's standards. Therefore, the existing noise levels are not excessive and a noise study will not be required. The City ensures compliance with interior noise levels of all development with the General Plan requirements by requiring noise analysis when they are deemed necessary. However, since the 65 CNEL is outside the City Limits, no projects will be subject to these studies as a result of the airport operations. J. The City has considered the safety compatibility of the proposed use with the French Valley Airport and has found the use to be compatible. This decision was based on the fact that the FALUP only discourages the proposed use and does not prohibit the use nor does it determine the use to be incompatible with the airport. Other developments currently exist in the TPZ including homes, schools, and churches. Therefore, nearby residents are aware of the airport, which makes the proposed use a community norm. The City has determined that the existing safety risk to both people and property on the ground and to the occupants of the aircrafts are held to a minimum since the site does not lay in the direct flight path of the runways and the height limit of the proposed buildings complies with the ALUC requirements as stated in the ALUC's staff report and the proposed project does not increase these safety risks for the same reasons. R:\C U P~002\02-0257 Grace Presbyterian Church\CC Staff Report 7-22-03.doc 6 Section 3. The City Council of the City of Temecula hereby approves Planning Application No. PA02-0257, a Conditional Use Permit and Development Plan to construct, establish and operate a church facility in two phases to include a fellowship hall with administration and classroom areas, a temporary modular classroom building, a 450 seat church sanctuary with youth room, and additional classrooms totaling 23,770 square feet at build-out and to override the Airport Land Use Commission decision that determined the proposed use to be inconsistent with the French Valley Airport Land Use Plan on the 4.98 acre site located at the southwest corner of Calle Medusa and Nicholas road known as Assessors Parcel No. 957-140-010 subject to the specific conditions of approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. Section 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 22nd day of July, 2003 ATTEST: Jeffrey E. Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that 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 22nd day of July, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:\C U P~2002\02-0257 Grace Presbyterian Church\CC Staff Report 7-22-03.doc 7 EXHIBIT A CONDITIONS OF APPROVAL R:\C U Px2002\02-0257 Grace Presbyterian Church\CC Staff Report 7-22 03.doc 8 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No.: PA02-0257 Conditional Use Permit/Development Plan Project Description: To construct, establish and operate a church facility in two phases, Phase I includes a 10,500 square foot fellowship hall with administration and classroom areas and a 2,880 square feet modular classroom building totaling 13,380 square feet; Phase 2 includes a 10,670 square foot, 450 seat church sanctuary, youth room, with an additional 2,600 square feet of classroom area and removal of the modular classroom building totaling 13,270 square feet; the total square footage of the fellowship hall and the sanctuary buildings for the project at build out is 23,770; to override the Airport Land Use Commission decision that determined the proposed use to be inconsistent with the French Valley Airport Land Use Plan. Development Impact Fee Category: Exempt Assessor's Parcel No.: 957-140-010 Approval Date: June18,2003 Expiration Date: June 18, 2005 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of One Thousand Three Hundred Twenty-Eight Dollars ($1,328.00) which includes the One Thousand Two Hundred and Fifty Dollar ($1,250.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty Four Dollars ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21108(a) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. R:\C U P~2002\02 0257 Grace Presbyterian Church\CC Staff Report 7-22-03.doc 9 General Requirements The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. All conditions shall be complied with prior to any occupancy or use allowed by this Development Plan. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The development of the premises shall substantially conform to the approved Site Plan, Grading Plan, Building Elevation, Floor Plan, Landscape Plan, and Color and Material Board contained on file with the Planning Department. Landscaping shall substantially conform to the approved Conceptual Landscape Plan. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. The "Natural Undisturbed Open Space" area depicted on the Site Plan shall remain as open space and shall not be developed. The colors and materials for the project shall substantially conform to those noted directly below and with Color and Material Board, contained on file with the Community Development Department - Planning Division. Roof Tile Exterior Plaster: Exterior Plaster Accent: Exterior Plaster Tim/Gutters: Auburn Flat "Slate" Concrete Tile #430 Frazee #8640W "Creative White" Frazee #8644M "Seal Beach" Frazee #8645D "Greylock" R:\C U Px2002\02-0257 Grace Presbyterian Church\CC Staff Report 7-22-03.doc 10 Window Surrounds Window Frames Glazing Concrete Clear Anodized Solar Gray 10. The construction landscape drawings shall indicate coordination and grouping of all utilities, which are to be screened from view per applicable City Codes and guidelines. 11. The applicant shall comply with their Statement of Operations dated May 6, 2002, on file with the Community Development Department - Planning Division, unless superceded by these conditions of approval. 12. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 13. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 14. Regular hours of operation shall be between 8:00 AM and 12:00 PM for Sunday Services, and Monday through Friday 9:00 AM to 1:00 PM fro administrative purposes. 15. The maximum permitted capacity of this facility at any given time shall not exceed the 450-seat sanctuary (the fellowship hall cannot be used at the same time if the sanctuary hall is at capacity). This maximum capacity is based on the number of parking spaces provided. Prior to Issuance of Grading Permits 16. The applicant shall sign both copies of the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and return one signed set to the Community Development Department - Planning Division for their files. 17. The applicant shall submit to the Community Development Department - Planning Division for permanent filing two (2) 8" X 10" glossy photographic color prints of the approved Color and Materials Board and of the colored version of approved colored architectural elevations to the Community Development Department - Planning Division for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. 18. A copy of the Rough Grading plans shall be submitted and approved by the Planning Department. 19. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by providing documented evidence that the fees have already been paid. 20. All the Airport Land Use Commission Conditions of Approval shall be satisfied. R:\C U P~2002\02-0257 Grace Presbyterian Church\CC Staff Report 7-22-03.dec 11 Prior to Issuance of Building Permit 21. A separate building permit shall be required for all signage. 22. An appropriate method for screening the gas meters and other externally mounted utility equipment shall be reviewed and approved by the Planning Department. 23. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 24. No roof-mounted equipment is permitted that is not fully enclosed by architectural features of the buildings. 25. The landscape plans shall be modified to include vines on the walls along the western property lines and be trained and maintained to go over the wall to the opposite side of the wall. In addition, the modular building shall be completely screen from view by adding landscaping. (Amended by the Planning Commission June 18, 2003) 26. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform substantially with the approved landscape plans, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One (1) copy of the approved grading plan. c. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). d. Total cost estimate of plantings and irrigation (in accordance with approved plan). e. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 27. All the Airport Land Use Commission Conditions of Approval shall be satisfied. 28. All chain link fencing shall be replaced with wrought iron. Prior to Building Occupancy 29. Prior to occupancy of Phase 1, the property owner shall fully install all landscaping and irrigation indicated on the landscape plans 30. Prior to occupancy of Phase 2, the property owner shall fully re-install all damaged landscaping in accordance to the approved plans. 31.¸ Submit a landscape maintenance bond in a form and amount approved by the Planning Department for a period of one-year from the date of the first occupancy permit. R:\C U 1:52002\02-0257 Grace Presbyterian Church\CC Staff Report 7-22-03.doc 32. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 33. Additional landscaping including trees, shrubs, and vines, with the location, size, and species to be determined by City staff, shall be planted, as deemed appropriate by Planning staff, to cuff!c!e.qt!~,' completely screen the modular building from public streets and adjacent properties. (Amended bythe Planning Commission June 18, 2003) DEPARTMENT OF PUBLIC WORKS Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 34. A Grading Permit for a precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 35. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 36. All improvement plans, grading plans, shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 37. The Developer shall construct public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works. a. Street improvements, which may include, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing and striping b. Storm drain facilities c. Sewer and domestic water systems d. Under grounding of existing utility distribution lines Prior to Issuance of a Grading Permit 38. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 39. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. R:\C U Px2002\02-0257 Grace Presbyterian Church\CC Staff Report 7-22-03,doc 13 40. 41. 42. 43. 44. 45. 46. 47. 48. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Planning Department c. Department of Public Works The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. The Developer shall obtain any necessary letters of approval or slope easements for off- site work performed on adjacent properties as directed by the Department of Public Works. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. R:\C U P~2002\02-0257 Grace Presbyterian C~.urch\CC Staff Report 7-22-03.doc Prior to Issuance of a Building Permit 49. improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. Street lights shall be installed along the public streets adjoining the site in accordance with City Standard No. 800, 801,802 and 803. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401 and 402. e. Improvement plans shall extend 300 feet beyond the project boundaries. f. Public Street improvement plans shall include plan and profile showing existing topography, utilities, and proposed centerline, top of curb and flowline grades. g. Corner property line cut off shall be required per Riverside County Standard No. 805. h. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. i. All concentrated drainage directed towards the public street shall be conveyed through a storm drain system and discharge to the nearest storm water facility. 50. The Developer shall design and guarantee the construction the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Improve Nicholas Road (Arterial Highway Standards - 110' IRAN) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). b. Improve Calle Medusa (Collector Road Standards - 66' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). 51. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans' standards for transition to existing street sections. 52. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic Engineer and reviewed by the Director of the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 53. The Proposed driveway on Nicholas Road shall be restricted to "right-in" only. R:\C U P~2002\02-0257 Grace Presbyterian Church\CC Staff Report 7-22-03,doc 15 54. A Signing and Striping Plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Calle Medusa and Nicholas Road. 55. All access rights, on Calle Medusa & Nicholas Road shall be restricted to those shown on the site plan. Easements for sidewalks for public uses shall be submitted and reviewed by the Director of the Department of Public Works and City Attorney and approved by City Council for dedication to the City. 56. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 57. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 58. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of a Certificate of Occupancy 59. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 60. A Certification of Compliance shall be approved and recorded creating this parcel as a legal lot. 61. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 62. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. FIRE DEPARTMENT 63. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy; use, the California Building Code (CBC), California Fire Code (CFC), and related codes, which are in force at the time of building, plan submittal. 64. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of ail commercial buildings per CFC Appendix III. A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1750 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 400 GPM R:\C U P~2002\02-0257 Grace Presbyteriau Church\CC Staff Report 7-22-03.doc 65. 66. 67. 68. 69. 70. 71. 72. 73. for a total fire flow of 2150 GPM with a 3 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. A minimum of 1 hydrants, in a combination of on-site and off-site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2,903.4.2, and Appendix Ill-B) As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2) If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVVV. (CFC 8704.2 and 902.2.2.2) Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) Prior to building construction, this development shall have two (2) points of access, via all-weather surface roads, as approved bythe Fire Prevention Bureau. (CFC 902.2.1) Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, and spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals R:\C U PX2002\024)257 Grace Presbyterian Church\CC Staff Report 7-22-03.doc 17 74. 75. 76. 77. 78. 79. 80. 81. shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1 ) Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have four (4) inch letters and /or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) Prior to issuance of Cedificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. (CFC 902.4) All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. (CFC 902.4) Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau. (CFC 7901.3 and 8001.3) R:\C U PX2002\02-0257 Grace Presbyterian Church\CC Staff Report 7-22-03.doc 18 Special Conditions 82. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 83. If there are changes to underlying maps then prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in a ESRI Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone VI ) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. 84. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) COMMUNITY SERVICES GENERAL CONDITIONS 85. All perimeter landscaping including the parkway within the right-of-way, fencing and on- site lighting shall be maintained by the property owner or private maintenance association. 86. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 87. The developer shall provide adequate space for a recycling bin within the trash enclosure area. PRIOR TO ISSUANCE OF BUILDING PERMITS 88. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 89. If additional arterial streetlights are to be installed as a result of this project, prior to issuance of building permit or the installation of street lighting on Calle Medusa or Nicolas Road, which ever occurs first, the developer shall complete the TCSD application process, submit the approved Edison streetlight improvement plans and pay the appropriate energy fees related to the transfer of street lighting into the TCSD maintenance program. BUILDING AND SAFETY 90. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. R:\C U PX2002\02-0257 Grace Presbyterian Church\CC Staff Report 7-22-03.doc 19 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. Obtain all building plans and permit approvals prior to commencement of any construction work. Disabled access from the public way to the main entrance of the building is required. The path of travel shall meet the California Disabled Access Regulations in terms of cross slope, travel slope stripping and signage. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) Show path of accessibility from parking to furthest point of improvement. Restroom fixtures, number and type, to be in accordance with the provisions of the 1998 edition of the California Building Code Appendix 29. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. Provide electrical plan including Icad calculations and panel schedule, plumbing schematic and mechanical plan for plan review. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. Provide precise grading plan for plan check submittal to check for handicap accessibility. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. Show all building setbacks. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. R:\C U P~2002\02-0257 Grace Presbyterian Church\CC Staff Report 7-22-03.doc 20 Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays OUTSIDE AGENCIES 106. The applicant shall comply with the Conditions of Approval set forth in the Airport Land Use Commission transmittal dated October 18, 2002, a copy of which is attached. 107. The applicant shall comply with the Conditions of Approval set forth in the EMWD transmittal dated December 26, 2002, a copy of which is attached. 108. The applicant shall comply with the Conditions of Approval set forth in the Riverside County Flood Control and Water Conservation District transmittal dated June 26, 2002, a copy of which is attached. 109. The applicant shall comply with the Conditions of Approval set forth in the Ranch California Water District transmittal dated May 22, 2002, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Name printed Date R:\C U Px2002\02-0257 Grace Presbyterian Church\CC Staff Report 7-22-03.doc CHNR WilliamCobb Comn~R~eraide VICE CHAIRMAN Allen Graft Hamer COMM~$~NERS Paul Bell M0reno Valley Walt Snyder Palm Desert Ric Stephens Rivemide Marge Tandy C~ of Harriet Sam Pratt Ci[y of Temecula STAFF Keith D. Downs Executive Director A.I.C.P.. AA.A.E 5555 krra~n A~e. Rice,de, CA ~2504 Tel: {~0~) 351-070~ x204 AIRPORT LAND USE COMMISSION RIVERSIDE COUNTY October 18, 2002 City of Temecula, Planning Dept. P.O. Box 9033 Temecula, CA 92589-9033 Attn: Matthew Harris RE: AIRPORT LAND USE COMMISSION (ALUC) DEVELOPMENT REVIEW File No.: FV-02-108 Related File: PA-02-0257 Dear Applicant: On October 17, 2002, the Riverside County Airport Land Use Commission (ALUC), found the above project inconsistent with the Comprehensive Land Use Plan for the French Valley Airport. If the City should wish to override the Commission as per PUC 21774.5(d) it should be subject to the following conditions: Provide Avigation Easements to the French Valley Airport prior to final issuance of any permit. Incorporate noise attenuation measure into any building construction to ensure interior noise levels are at or below 45-decibel levels. Install hooded or shielded outdoor lighting to prevent either the spillage of lumens or reflection into the sky (lights must be downward facing). 4. No obstruction of the "FAR Part 77 Conical Surface" shall be permitted. 5. The following uses shall be prohibited: (a) Any use which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA-approved navigational signal light or visual approach slope indicator. (b) Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. Page 2 October 18, 2002 (c) Any use which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. (d) Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation. Should you have any questions regarding this action, please contact me at (909) 351- 0700. Sincerely, RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION Keit~. Downs, A.I.C.P., A.A.A.E. Executive Director KDD:jg CC: ALUC Staff Grace Presbyterian Church F:~ShamdlEDCOM~AIRPORTS~ALUC~FV-02-108,LTR.doc ~INCE 195 Board ~f Directors President Rodger D. Siems Vice President Richard R. Hall Marion V. Ashley Randy A. Record David J. Slawson Board Secretary Mary C. White General Manager Anthony J. Pack Director of the MetroI~olitan Water vi,tat of so. cai. t: Marion V. Ashley Joseph J. Kuebler, CPA Legal Counsel Redwine and Sherrill December 26, 2002 City of Temecula Planning Department PO BOX 9033 Temecula, CA 92589-9033 Dear Colleague: Re: SAN53-Sewer Will Serve PA 02-0257, Grace Presybterian Church Facility, located at the southwest corner of Calle Medusa and Nicholas Road EMWD is willing to provide sewer service to the subject project. The provisions of service are contingent upon the developer completing the necessary arrangements in accordance with EMWD rules and regulations. EMWD expects the developer to provide proper notification when a water demand assessment is required pursuant to Senate Bill 221 and/or 610. EMWD expects the developer to coordinate with the approving agency for the proper notification. Further arrangements for service from EMWD may also include plan check, facility construction inspection, jurisdictional annexation, and payment of financial par/icipation charges. The developer is advised to contact EMWD's New Business Development Department early in the entitlement process to determine the necessary arrangements for service. EMWD's ability to serve is subject to limiting conditions, such as water shortages, regulatory requirements, legal issues, or conditions beyond EMWD's control. Thank you for your cooperation in serving our mutual customers. If you have any questions, please call me at (909) 928-3777, ext. 4447. Sincerely, Fred Azimie Civil Engineering Associate II New Business Development Dept. FA/jw Cc: Russell Rumansoff Mailing Address: G:~AC C E S S~N ew_B usi\DA D ~.rchives\Yea r2002~PA02-0257.doc Post Office Box 8300 Perris, CA 92572-8300 Telephone: (909) 928-3777 Fax: (909) 928-6177 Location: 2270 Trumble Road Perris, CA 92570 Internet: www. emwd.org G~neral Manager-Chief Engin~r · ~ -- ' IqVERSiDE COUNTY FLOOD CONTROL ............... 7AND WATER CONSERVATION DISTRICT 1995 MARKET STREET RIVERSIDE, CA 92501 909.955.1200 909.788.9965 FAX 51180.1 City of Te_mecul.a Planning uepartment Post Office Box 9033 Temecula, California 92589-9033 Attention: ~'~ &q['~/t ~_ ,~J ~rr~ .. Ladies and Gentlemen: Re: ?A o :- o z S7 The District does not normally recomm, end condition, s for land divisions ,or other_ia, nd use cases in incorporated c~.,'es. The District, also .dogs not plan cneck~ '.c~ty I. ano use .cases or prov!a.e. State uivis, ion of Real Estate left. era or. omer flood hazara repg. ns for suca cases, uismct comments~recommenaafions ror such cases are normally lim. itee to items of sk:~Jfic interest to .th.e District including District Master Draina~;e Plan fa. cilitie, s, other m~jional hood control and drainage facilities WhiCh could be consioereo a logical componeraor extension or a.master pla. n system. and Distdct Area Drainage Plan fees (development mitigation fees). Ih addition, information or a general nature ~s provided. The District has not reviewed the p .rpposed.project in detail and the f~lowing che.c, ked comments do not in .any way constitute or imply District approval or enooraement of the proposes project wire respect to flood hazaro public health and safety or any other sucn ssue: ¥/"'- Thi.s prg. je.ct wo. uld not bg, impacted by District Master Drainage Plan facilities nor are other facilities of reglona~ interest propose~. This project involves District Ma.,~er Plan facilities. The District will accept ownem, hij?. of suc. h facilities on written, reque,s.t.of the uity; .Fa~litigs .must b? constnJ_.cted t.o D!strict sta.n, aards .an~. District p~an. check.a,nd ins .p.p.p.p.p.p.p.p.p~on wi, De requireo ror uistrict acceptance. ~qan coec~(, inspection ano aoministrative tees wi, De required. This p.roje~t, prgpos,e.s cha. nnels, s. torm .drains. 36.incl'}es o[ I.arger.in .dia. meter, or other facilities that could be consleerea reglona~ m nature an(I/or a iog~ca~ exlenslon o~ me aooptee Master Drainage .P..lan. The DisMct woul(] consider accepfipg .ownerah_ip ot su.ch tam. Iit]e.s on wntten ..mqueo..t' .of the City. Fa~lit[ .es.must b9 constructed to uistrict st. anoare,s a. nd o,strict plan cnec~ ana ins .p.p.p.p.p.p.p.p.p~on will De requ red for u strict acceprance. P an check, nspection arm aom n strative tees wi be requ rea. ~ This project is located within the Ii.mits .of the. District's /~,~rr;~o. ~_tee~/~aJa/~e~C~:c ~../. Area D. rain. age Plan ror .which .dm. ina. ge lees nave .De~. n_ a.dp@ted; appl!sat)le tees should be paid ..by Oashie.r's cnecK or money oroer only to me Flood Contro~ uistrict prior to ~ssuance of building or greeingpermits · whichever comes first. Fees to be paid should be at the rate in effect at the time of issuance oflhe actua permit. GENERAL INFORMATION Peels project_may require a National Pollutant ,.Discharge Elimination System (NPDES) permit from the State Water ources t.;onfrol Board. Clearance mr graaing recordation, or other final approve/should not be given until the city has determ ned that the project has been granted a perm t or s shown to be exempt. If this prp. ject inv..olves, a. Federal Em..erg.e .n~y. Man.age. m. ent Age. ncy (FE.MA.) mapL~ed fl ..opd plain, then.the Cit~ s..h._.m[I.d require me applicant to proviee a, stuoies, calculations, plans ano omer ir~ormation re_quired to meet reguirement.s, and sho.uld further .require ,that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to graa ng, recordation or omer nnal approvar bf the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped flood plai.n, is impact.ed by this project, the City should require the applicant to obtain a Section 160111603 Agreement frbm me t;aliforma Deperlment of Fish and Game and a Clean Water ACt S ..eg'fio..n 4.04 Permit. from the..U.S..Army Corps of .Engi.ne...ers, .o[..written corr.e, spondenca from ~ese a.g.en.a.'..'es inuicating me project is exempt n'om mese requlremems. A t;~ean water Act Section 401 Water [Jua~ity Certmcation may be required -from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, STUART E. MCKIBBIN Senior Civil Engineer Date: May 22, 2002 Matthew Harris, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 -- SUBJEC'I-: WATER AVAILABILITY PORTION OF PARCEL NO. 29 AS SHOWN 1N BOOK 1, PAGES 44, 45, AND 46; APN 957-140-010 PLANNING APPLICATION NO. PA02-0257 GRACE PRESBYTERIAN CHURCH Dear Mr. Harris: Please be advised that the above-referenced property is located within the boundaries of Rancho Califomia Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 02\SB:at 101 W012-T6\FCF ATTACHMENT NO. 2 June 18, 2003 PLANNING COMMISSION STAFF REPORT R:\C U Px2002\02-0257 Grace Presbyterian Church\CC Staff Report 7-22-03.doc 22 STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION June 18, 2003 Planning Application No. PA02-0257 (Conditional Use Permit & Development Plan) Grace Presbyterian Church Prepared By: Saied Naaseh, Senior Planner 1. ADOPT a Negative Declaration; 2. ADOPTa Resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THE CITY COUNCIL APPROVE PLANNING APPLICATION NO. PA02-0257, CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN TO CONSTRUCT, ESTABLISH AND OPERATE A CHURCH FACILITY IN TWO PHASES TO INCLUDE A FELLOWSHIP HALL WITH ADMINISTRATION AND CLASSROOM AREAS, A TEMPORARY MODULAR CLASSROOM BUILDING, A 450 SEAT CHURCH SANCTUARY WITH YOUTH ROOM, AND ADDITIONAL CLASSROOMS TOTALING 23,770 SQUARE FEET AT BUILD-OUT AND TO OVERRIDE THE AIRPORT LAND USE COMMISSION DECISION THAT DETERMINED THE PROPOSED USE TO BE INCONSISTENT WITH THE FRENCH VALLEY AIRPORT LAND USE PLAN ON THE 5.98 ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF CALLE MEDUSA AND NICHOLAS ROAD KNOWN AS ASSESSORS PARCEL NO. 957-140-010 APPLICATION INFORMATION APPLICANT: Herron & Rumansoff Amhitects PROPOSAL: To construct, establish and operate a church facility in two phases. Phase 1 includes a 10,500 square foot fellowship hall with administration and classroom areas and a 2,880 square feet modular classroom building totaling 13,380 square feet. Phase 2 includes a 10,670 square foot, 450 seat church sanctuary, youth room, with an additional 2,600 square feet of classroom area and removal of the modular classroom building totaling 13,270 square feet. The total square footage of the fellowship hall and the sanctuary buildings for the project at build out is 23,770. Override the R:\C U P~2002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc LOCATION: EXISTING ZONING: SURROUNDING ZONING: GENERAL PLAN DESIGNATION: EXISTING LAND USE: SURROUNDING LAND USES: Airport Land Use Commission decision that determined the proposed use to be inconsistent with the French Valley Airport Land Use Plan. Southwest Corner Of Calle Medusa And Nicholas Road Very Low Density Residential North: Very Low Density Residential South: Very Low Density Residential East: Very Low Density Residential West: Very Low Density Residential Very Low Density Residential Vacant North: Vacant South: Vacant East: Vacant West: Church PROJECT STATISTICS (DEVELOPMENT PLAN) Total Lot Area (gross): Building Square Footage: Landscaping/Walkways: Proposed Parking Spaces: Required Parking Spaces: Building Lot Coverage: Floor Area Ratio: Building Height: 216,929 square feet (4.98 acres) Phase 1 - 13,380square feet including a 10,500 square feet fellowship hall with administration and classrooms and 2,880 square feet of modular classroom area Phase 2 - 13,270 square feet including a 10,670 square foot sanctuary and 2,600 square feet of additional classroom and removal of the modular classroom building Total (Phase 1 and 2) - 23,270 square feet (with modular class room removed) Phase 1 - 109,717 square feet (63%) Total (Phase 1 and 2) 99,327 (57%) Phase 1 - 104 Spaces Total (Phase 1 and 2), 151 Spaces Phase 1 - 101 Spaces Total (Phase 1 and 2), 150 Spaces Phase I - 13,380 (8%) Total (phase 1 and 2), 23,770 (14%) N/A Phase 1 - 30' Phase 2 - 32' with 45' cross-tower R:\C U P\2002X02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc 2 BACKGROUND The application was filed on May 17, 2002 and was transmitted to the Airport Land Use Commission (ALUC). On October 18, 2002 the Airport Land Use Commission (ALUC) found the proposed project to be inconsistent with the French Valley Airport Land Use Plan since the site is within the airport's Traffic Pattern Zone (TPZ). The French Valley Airport Comprehensive Plan discourages auditoriums, schools, and stadiums within the TPZ. The ALUC considers the proposed use to fall into this category of uses. As a result, the City Council needs to override the ALUC's decision if this project was to be approved by the City. PROJECT DESCRIPTION The applicant is proposing to develop the 4.98-acre site in two phases. Phase 1 includes the Sanctuary Hall Building with 3,550 square feet of seating area for services. The rest of the building includes administration offices and classrooms. The exterior plaza area for both phases will be built with Phase 1. Approximately 22,100 square feet of the site will be graded and hyroseeded, which will eventually become the parking area for Phase 2. In addition, at the southern end of the site a 38,000 square foot area will be set aside as undisturbed natural open space. This area will remain as open space at the build-out of the project. In addition, Phase 1 includes a temporary 2,880 square foot modular classroom building, which will be removed in Phase 2. One hundred and one (101 ) parking spaces are provided for this phase mostly located to the north of the site along Nicolas Road and Calle Medusa. Phase 2 of the project represents the build-out of the site. With this phase, the 10,670 square foot Sanctuary Building replaces the modular classroom building and the final parking spaces will be built in the hyroseeded area of Phase 1. ANALYSIS Airport Land Use Commission Recommendation The site is located within the Traffic Pattern Zone of the French Valley Airport, which "discourages" the proposed use. The Riverside County Airport Land Use Commission (ALUC) has found the proposed project to be inconsistent with the French Valley Airport Land Use Plan. The Public Utilities Code Section 21774.5 (d) permits a City Council majority vote (two-thirds) to override the ALUC decisions if certain findings are made and certain Conditions are adhered to by the project. These findings are included in the Findings Section of the Staff Report. Staff has added the ALUC recommended Conditions of Approval to the Conditions of Approval of the project in the event the City Council's decides to override ALUC's decision. Land Use Compatibility The Development Code requires approval of a Conditional Use Permit for religious facilities in the Very Low Density Residential zones. This approval is contingent upon making certain findings, which are included in the Findings Section of the Staff Report. One of the main issues to consider in these findings is the compatibility of the proposed use with the surrounding areas. The proposed use is compatible with the religious facility to the west. Nicolas Road and CaIle Medusa surround the site to the north and east. The project is also proposed to buffer the residential lot to the south of the site by the 36,000 square foot open space area and an approximately 60' difference between the parking lot grade and the top of the hill at the property line. R:\C U PX2002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc 3 Site Layout and Access The long and narrow shape of the lot dictated splitting the parking lot into two parts on either side of the building to provide a reasonable walking distance from the spaces to the buildings. Large plaza areas are proposed between and adjacent to the proposed buildings to be used for social functions. The southern end of the site is proposed to be left in its natural state since the grades increase, as they get closer to the southern property line. Because of the steep grade of Calle Medusa in this portion of the site, a third driveway closer to the south end of the property was eliminated by staff leaving the site with two full movement access points to Calle Medusa and one "enter only" drive aisle along Nicolas Road. In addition, because of this grade difference, no roof-mounted equipment is proposed and the trash enclosure includes a trellis to limit views. The project conforms to all of the development regulations of the Development Code. Parking The project is providing the parking lot in two phases. The first phase of the parking lot provides 104 spaces. The required number of spaces for this phase is 101 spaces based on 3,550 square feet of assembly area in the fellowship hall. At project build out, 151 parking spaces are provided. The required number of spaces at build out is 150 spaces based on the 450-seat sanctuary. This calculation is based on two assumptions. First, the parents of the children attending the Sunday school will also be attending the onsite church service at the same time. Second, only one of the assembly areas will be used at any given time. Therefore, the parking calculations are based on the largest assembly area, which is the 450-seat sanctuary. Architectural Design The architectural design of the permanent buildings is consistent with the intent of the Citywide Design Guidelines and the Development Code. The variations in building form, materials, and colors will present a visual interest from the streets and will maintain a balance of scale, form and proportion with the surrounding area. The first phase of the project includes a 60' x 48' temporary modular building, which will be used for classrooms. This building will be removed when the second phase is completed. The Development Code includes different standards for modular buildings based on whether they are visible or not visible from public streets. The proposed modular building is visible from Calle Medusa and Nicolas Road. The Development Code requires modular buildings visible from public street to have similar architecture to permanent structures such as accentuated entrances, pop-out features, windows integrated with minimal design compatibility components listed above. The Development Code also indicates that supplemental landscaping may also be required to further screen these structures. Modular buildings not visible from a street or a public gathering place are required to have minimal design compatibility with the surrounding area. Examples of minimal design compatibility include the use of exterior trim elements, similar colors, and other features to soften the modular appearance of the structure. The proposed modular includes exterior fagade text coat similar to the exterior plaster for the main structure with the same color. It also includes text coat cornices at the top edge of roofline, text coat finish trim as a bottom band around structure, and text coat trims around the windows. The unit also includes exterior mounted HVAC units on the sides of the structure. In staff's opinion, the applicant has attempted to "dress-up" the modular unit; however, we have not concluded that they meet the requirements of the Development Code for modular structures visible from the street. Therefore, R:\C U P~2002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc 4 landscaping is proposed to screen the modular units from the street by placing 24" and 36" box trees around the modular building. In addition, the Phase 1 Fellowship Hall and the berming directly between Calle Medusa and the modular structure further screens it from the street. Since it is difficult to completely ascertain from which angles the modular will be visible from the street, staff has added a Condition of Approval #31 to require additional landscaping after the project is completed if it is needed. Staff believes with the proposed landscaping and the Condition of Approval #31, the modular structure will be sufficiently screened from the street. Environmental Determination Staff has prepared and circulated an Initial Study and determined that the project could potentially result in significant environmental impacts, unless mitigation measures are included as conditions of approval. Based on those findings, staff has determined that a Mitigated Negative Declaration and Mitigation Monitoring Plan (MMP) will satisfactorily comply with the regulations of the California Environmental Quality Act (CEQA). The impacts of primary significance are Cultural Resources and Hazards and Hazardous Materials. CONCLUSION Staff has determined that the proposed project is consistent with the Development Code and City's Design Guidelines and conforms to all of the applicable development regulations. Since the ALUC found the proposed use to be inconsistent with the French Valley Airport Land Use Plan, the City Council has to override the ALUC recommendation. Therefore, the entire project has to be approved by the City Council. FINDINGS Conditional Use Permit (Section 17.04.010E) The proposed Conditional Use Permit is consistent with the General Plan and the Development Code. The General Plan Land Use Designation and the Zoning of the property is Very Low Density Residential and religious facilities require a Conditional Use Permit in this Designation. The proposed Conditional Use Permit is compatible with the nature, condition, and development of adjacent uses, buildings, and structures and will not adversely affect the adjacent uses, buildings, or structures. The use is compatible with the religious facility to the west. It is surrounded by Nicolas Road and Calle Medusa to the north and east. It is also proposing to buffer the residential lot to the south of the site by the 36,000 square foot open space area and substantial grade difference. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer area, landscaping and other development features. As indicated on the Site Plan and Landscape Plan, the proposed project meets these requirements and all the requirements of the Development Code. The nature of the proposed conditional use is not detrimental to the health, safety, and welfare of the community. Since the proposed project meets all Development Code requirements and will all the applicable building codes, and is compatible with the adjacent land uses, is not detrimental to the health, safety, and welfare of the community. R:\C U 1~2002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc 5 The decision to conditionally approve the conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council. The Staff report along with all the exhibits, and the entire record of the project file represent the entire record for the proposed project and support these findings. Development Plan (Section 17.05.010F) The proposed use is in conformance with the objectives and applicable provisions of the General Plan, Development Code, and the Design Guidelines. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of the proposed development. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinance. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been conditioned to conform to the Uniform Building Code, and all construction will be inspected by City staff prior to occupancy. The Fire Department staff has also found that the site design will provide adequate emergency access in the case of a need for emergency response to the site. Airport Land Use Commission Decision Override In approving the override of ALUC's decision, the City has considered providing for orderly development of the French valley Airport as the City has considered and consulted the French Valley Airport Land Use Plan (FALUP) and has considered protecting the health, safety, and welfare of the public. The City supports the development of the airport in the next 20 years; and the City has considered preserving the approaches to the runways as the City has recognized the FALUP in the City's General Plan. Section 3.4.5 of the FALUP states that it maybe impractical in all areas to encourage strict land use controls within the TPZ. The proposed project is in the outer edge of the TPZ. The applicant has considered alternative sites to completely or partially move their facility out of the TPZ; however, as an institution with limited resources has not been successful in obtaining a site outside this TPZ. The applicant has also considered moving the proposed use on the site as recommended by the ALUC; however, the site is not large enough to make this move. The City has considered the noise impacts of the airport on the proposed use and has determined that the interior noise levels of the proposed use will meet the General Plan's maximum permitted noise for public institutional uses such as the proposed use. The General Plan requires maximum of 50 CNEL interior noise level for these uses and the ALUC requires 45 CNEL. Since conventional construction is capable of reducing noise by approximately 20 dB and the site is located outside the 55 CNEL, as indicated in City's General Plan and the ALUC's letter, the proposed use will conform to both City's and ALUC's standards. Therefore, the existing noise levels are not excessive and a noise study will not be required. The City ensures compliance with interior noise levels of all development with the General Plan requirements by requiring noise analysis when they are deemed necessary. However, since the 65 CNEL is outside the City Limits, no projects will be subject to these studies as a result of the airport operations. The City has considered the safety compatibility of the proposed use with the French Valley Airport and has found the use to be compatible. This decision was based on the fact that the FALUP only discourages the proposed use and does not prohibit the use nor does it determine the use to be incompatible with the airport. Other developments currently exist in the TPZ including homes, schools, and chumhes. Therefore, nearby residents are aware of RSC U P~2002\02-0257 Grace Presbyterian Church~Staff Report 6-18-03.doc 6 the airport, which make the proposed use a community norm. The City has determined that the existing safety risk to both people and property on the ground and to the occupants of the aircrafts are held to a minimum since the site does not lay in the direct flight path of the runways and the height limit of the proposed buildings comply with the ALUC requirements as stated in the ALUC's staff report and the proposed project does not increase this safety risks for the same reasons. Attachments 3. 4. 5. 6. PC Resolution - Blue Page 8 Exhibit A - Conditions of Approval - Blue Page 13 ALUC Staff Report - Blue Page 26 ALUC Decision Letter - Blue Page 27 Statement of Operations - Blue Page 28 Letter of Justification - Blue Page 29 Exhibits - Blue Page 30 A. Vicinity Map B. General Plan Map C. Zoning Map D. Site Plan (Phase 1) D1. Site Plan (Phase 1 and 2) E. Grading Plan F. Building Elevations Fl. Building Elevations F2. Building Elevations F3. Building Elevations F4. Building Elevations G. Floor Plan Gl. Floor Plan H. Landscape Plan R:\C U P~2002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc 7 ATTACHMENT NO. 1 PC RESOLUTION NO. 2003- R:\C U P~2002\02-0257 Grace Presbyterian Church~Staff Report 6-18 -03.doc 8 PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THE CITY COUNCIL APPROVE PLANNING APPLICATION NO. PA02-0257, CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN TO CONSTRUCT, ESTABLISH AND OPERATE A CHURCH FACILITY IN TWO PHASES TO INCLUDE A FELLOWSHIP HALL WITH ADMINISTRATION AND CLASSROOM AREAS, A TEMPORARY MODULAR CLASSROOM BUILDING, A 450 SEAT CHURCH SANCTUARY WITH YOUTH ROOM, AND ADDITIONAL CLASSROOMS TOTALING 23,770 SQUARE FEET AT BUILD-OUT AND TO OVERRIDE THE AIRPORT LAND USE COMMISSION DECISION THAT DETERMINED THE PROPOSED USE TO BE INCONSISTENT WITH THE FRENCH VALLEY AIRPORT LAND USE PLAN ON THE 5.98 ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF CALLE MEDUSA AND NICHOLAS ROAD KNOWN AS ASSESSORS PARCEL NO. 957-140-010 WHEREAS, Herron & Rumansoff Architects, filed Planning Application No. PA02-0257 Conditional Use Permit & Development Plan "Application"), in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on June 18, 2003, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of the proposed project to the City Council subject Conditions of Approval to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. The Planning Commission, in approving the Application hereby makes the following findings as required by Sections 17.04.010E & 17.05.010F of the Temecula Municipal Code: A. The proposed Conditional Use Permit is consistent with the General Plan and the Development Code. R:\C U 1~2002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc 9 The General Plan Land Use Designation and the Zoning of the property is Very Low Density Residential and religious facilities require a Conditional Use Permit in this Designation. B. The proposed Conditional Use Permit is compatible with the nature, condition, and development of adjacent uses, buildings, and structures and will not adversely affect the adjacent uses, buildings, or structures. The use is compatible with the religious facility to the west. It is surrounded by Nicolas Road and Calle Medusa to the north and east. It is also proposing to buffer the residential lot to the south of the site by the 36,000 square foot open space area and substantial grade difference. C. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer area, landscaping and other development features. As indicated on the Site Plan and Landscape Plan, the proposed project meets these requirements and all the requirements of the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety, and welfare of the community. Since the proposed project meets all Development Code requirements and will all the applicable building codes, and is compatible with the adjacent land uses, is not detrimental to the health, safety, and welfare of the community. E. The decision to conditionally approve the conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council. The staff report along with all the exhibits, and the entire record ofthe project file represent the entire record for the proposed project and support these findings. F. The proposed use is in conformance with the objectives and applicable provisions of the General Plan, Development Code, and the Design Guidelines. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of the proposed development. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinance. G. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been conditioned to conform to the Uniform Building Code, and all construction will be inspected by City staff prior to occupancy. The Fire Department staff has also found that the site design will provide adequate emergency access in the case of a need for emergency response to the site. H. In approving the override of ALUC's decision, the City has considered providing for orderly development of the French Valley Airport as the City has considered and consulted the French Valley Airport Land Use Plan (FALUP) and has considered protecting the health, safety, and welfare of the public. R:\C U P~2002\02-0257 Grace Presbyterian Church\StaffReport 6-18-03.doc 10 The City supports the development of the airport in the next 20 years; and the City has considered preserving the approaches to the runways as the City has recognized the FALUP in the City's General Plan. Section 3.4.5 of the FALUP states that it maybe impractical in all areas to encourage strict land use controls within the TPZ. The proposed project is in the outer edge of the TPZ. The applicant has considered alternative sites to completely or partially move their facility out of the TPZ; however, as an institution with limited resources has not been successfulin obtaining a site outside this TPZ. The applicant has also considered moving the proposed use on the site as recommended by the ALUC; however, the site is not large enough to make this move. I. The City has considered the noise impacts of the airport on the proposed use and has determined that the interior noise levels of the proposed use will meet the General Plan's maximum permitted noise for public institutional uses such as the proposed use. The General Plan requires maximum of 50 CNEL interior noise level for these uses and the ALUC requires 45 CNEL. Since conventional construction is capable of reducing noise by approximately 20 dB and the site is located outside the 55 CNEL, as indicated in City's General Plan and the ALUC's letter, the proposed use will conform to both City's and AL UC's standards. Therefore, the existing noise levels are not excessive and a noise study will not be required. The City ensures compliance with interior noise levels of all development with the General Plan requirements by requiring noise analysis when they are deemed necessary. However, since the 65 CNEL is outside the City Limits, no projects will be subject to these studies as a result of the airport operations. J. The City has considered the safety compatibility of the proposed use with the French Valley Airport and has found the use to be compatible. This decision was based on the fact that the FALUP only discourages the proposed use and does not prohibit the use nor does it determine the use to be incompatible with the airport. Other developments currently exist in the TPZ including homes, schools, and churches. Therefore, nearby residents are aware of the airport, which make the proposed use a community norm. The City has determined that the existing safety risk to both people and property on the ground and to the occupants of the aircrafts are held to a minimum since the site does not lay in the direct flight path of the runways and the height limit of the proposed buildings comply with the ALUC requirements as stated in the ALUC's staff report and the proposed project does not increase this safety risks for the same reasons. Section 3. Environmental Compliance. Staff has prepared and cimulated an initial Study and determined that the project could potentially result in significant environmental impacts, unless mitigation measures are included as conditions of approval. Based on those findings, staff has determined that a Mitigated Negative Declaration and Mitigation Monitoring Plan (MMP) will satisfactorily comply with the regulations of the California Environmental Quality Act (CEQA). The impacts of primary significance are Cultural Resources and Hazards and Hazardous Materials. Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally recommends approval the proposal to the City Council as set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. R:\C U P~2002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03 doc Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 18~" day of June 2003. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certifythat PC Resolution No. 2003- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of June, 2003, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: None NOES: PLANNING COMMISSIONERS: None ABSENT: PLANNING COMMISSIONERS: None ABSTAIN: PLANNING COMMISSIONERS: None Debbie Ubnoske, Secretary R:\C U lA2002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc EXHIBIT A CONDITIONS OF APPROVAL R:\C U PX2002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc 13 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No.: PA02-0257 Conditional Use Permit/Development Plan Project Description: To construct, establish and operate a church facility in two phases, Phase I includes a 10,500 square foot fellowship hall with administration and classroom areas and a 2,880 square feet modular classroom building totaling 13,380 square feet; Phase 2 includes a 10,670 square foot, 450 seat church sanctuary, youth room, with an additional 2,600 square feet of classroom area and removal of the modular classroom building totaling 13,270 square feet; the total square footage of the fellowship hall and the sanctuary buildings for the project at build out is 23,770; to override the Airport Land Use Commission decision that determined the proposed use to be inconsistent with the French Valley Airport Land Use Plan. Development Impact Fee Category: Exempt Assessor's Parcel No.: 957-140-010 Approval Date: June18,2003 Expiration Date: June18,2005 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of One Thousand Three Hundred Twenty-Eight Dollars ($1,328.00) which includes the One Thousand Two Hundred and Fifty Dollar ($1,250.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty Four Dollars ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21108(a) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own R:\C U PX2002\02-0257 Grace Presbyterian Church~Staff Report 6-18-03.doc 14 selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. All conditions shall be complied with prior to any occupancy or use allowed by this Development Plan. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The development of the premises shall substantially conform to the approved Site Plan, Grading Plan, Building Elevation, Floor Plan, Landscape Plan, and Color and Material Board contained on file with the Community Development Department - Planning Division. Landscaping shall substantially conform to the approved Conceptual Landscape Plan. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. The "Natural Undisturbed Open Space" area depicted on the Site Plan shall remain as open space and shall not be developed. The colors and materials for the project shall substantially conform to those noted directly below and with Color and Material Board, contained on file with the Community Development Department - Planning Division. Roof Tile Exterior Plaster: Exterior Plaster Accent: Exterior Plaster Tim/Gutters: Window Surrounds Window Frames Glazing Auburn Flat "Slate" Concrete Tile #430 Frazee #8640W "Creative White" Frazee #8644M "Seal Beach" Frazee #8645D "Greylock" Concrete Clear Anodized Solar Gray R:\C U P\2002\02-0257 Grace Presbyterian Church\Scarf Report 6-18-03.doc 10. The construction landscape drawings shall indicate coordination and grouping of all utilities, which are to be screened from view per applicable City Codes and guidelines. 11. The applicant shall comply with their Statement of Operations dated May 6, 2002, on file with the Community Development Department - Planning Division, unless superceded by these conditions of approval. 12. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 13. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 14. Regular hours of operation shall be between 8:00 AM and 12:00 PM for Sunday Services, and Monday through Friday 9:00 AM to 1:00 PM fro administrative purposes. 15. The maximum permitted capacity of this facility at any given time shall not exceed the 450- seat sanctuary (the fellowship hall cannot be used at the same time if the sanctuary hall is at capacity). This maximum capacity is based on the number of parking spaces provided. Prior to issuance of Grading Permits 16. The applicant shall sign both copies of the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and return one signed set to the Community Development Department - Planning Division for their files. 17. The applicant shall submit to the Community Development Department - Planning Division for permanent filing two (2) 8" X 10" glossy photographic color prints of the approved Color and Materials Board and of the colored version of approved colored architectural elevations to the Community Development Department - Planning Division for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. 18. A copy of the Rough Grading plans shall be submitted and approved by the Planning Department. 19. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by providing documented evidence that the fees have already been paid. 20. All the Airport Land Use Commission Conditions of Approval shall be satisfied. Prior to Issuance of Building Permit 21. A separate building permit shall be required for all signage. 22. An appropriate method for screening the gas meters and other externally mounted utility equipment shall be reviewed and approved by the Planning Department. 23. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 24. No roof-mounted equipment is permitted that is not fully enclosed by architectural features of the buildings. R:\C U P\2002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc 25. The landscape plans shall be modified to include vines on the walls along the western property lines and be trained and maintained to go over the wall to the opposite side of the wall. 26. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform substantially with the approved landscape plans, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One (1) copy of the approved grading plan. c. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). d. Total cost estimate of plantings and irrigation (in accordance with approved plan). e. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 27. All the Airport Land Use Commission Conditions of Approval shall be satisfied. 28. All chain link fencing shall be replaced with wrought iron. Prior to Building Occupancy 29. Prior to occupancy of Phase 1, the property owner shall fully install all landscaping and irrigation indicated on the landscape plans 30. Prior to occupancy of Phase 2, the property owner shall fully re-install all damaged landscaping in accordance to the approved plans. 31. Submit a landscape maintenance bond in a form and amount approved by the Planning Department for a period of one-year from the date of the first occupancy permit. 32. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 33. Additional trees, with the location, size, and species to be determined by City staff, shall be planted, as deemed appropriate by Planning staff, to sufficiently screen the modular building from public streets. DEPARTMENT OF PUBLIC WORKS Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. R:\C U P~2002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03 doc General Requirements 34. A Grading Permit for a precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 35. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 36. All improvement plans, grading plans, shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 37. The Developer shall construct public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works. a. Street improvements, which may include, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing and striping b. Storm drain facilities c. Sewer and domestic water systems d. Under grounding of existing utility distribution lines Prior to Issuance of a Grading Permit 38. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 39. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 40. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 41. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. 42. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. R:\C U P~2002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc 18 43. 44. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Controt Board. No grading shal~ be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Planning Department c. Department of Public Works 45. The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 46. 47. 48. Permanent landscape and irrigation plans shall be submitted to the Planning Depadment and the Department of Public Works for review and approval. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. Prior to Issuance of a Building Permit 49. Improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. Street lights shall be installed along the public streets adjoining the site in accordance with City Standard No. 800, 801,802 and 803. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401and 402. e. Improvement plans shall extend 300 feet beyond the project boundaries. f. Public Street improvement plans shall include plan and profile showing existing topography, utilities, proposed centerline, top of curb and flowline grades. g. Corner property line cut off shall be required per Riverside County Standard No. 805. h. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. i. All concentrated drainage directed towards the public street sha~l be conveyed through a storm drain system and discharge to the nearest storm water facility. R.\C U 1>\2002\02-0257 Grace Presbyterian Church\StaFf Report 6 18 03.doc 50. The Developer shall design and guarantee the construction the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Improve Nicholas Road (Arterial Highway Standards - 110' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). b. Improve Calle Medusa (Collector Road Standards - 66' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). 51. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans' standards for transition to existing street sections. 52. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic Engineer and reviewed by the Director of the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 53. The Proposed driveway on Nicholas Road shall be restricted to "right-in" only. 54. A Signing and Striping Plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Calle Medusa and Nicholas Road. 55. All access rights, on Calle Medusa & Nicholas Road shall be restricted to those shown on the site plan. Easements for sidewalks for public uses shall be submitted and reviewed by the Director of the Department of Public Works and City Attorney and approved by City Council for dedication to the City. 56. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 57. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Ternecula Municipal Code and all Resolutions implementing Chapter 15.06. 58. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temeoula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of a Certificate of Occupancy 59. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 60. A Certification of Compliance shall be approved and recorded creating this parcel as a legal lot. R:\C U P~2002\02-0257 Grace Presbyterian Church\Staff Report 6-184)3.doc 20 61. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 62. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. FiRE DEPARTMENT 63. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy; use, the California Building Code (CBC), California Fire Code (CFC), and related codes, which are in force at the time of building, plan submittal. 64. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1750 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 400 GPM for a total fire flow of 2150 GPM with a 3 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 65. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. A minimum of I hydrants, in a combination of on-site and off- site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B) 66. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2) 67. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) 68. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) R:\C U I~2002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03,doc 69. 70. 71. 72. 73. 74, 75. 76. 77. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) Prior to building construction, this development shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, and spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1 ) Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doom. Single family residences and multi-family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) R:\C U Px2002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc 22 78. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. (CFC 902.4) 79. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. (CFC 902,4) 80. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. 81. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau. (CFC 7901.3 and 8001.3) Special Conditions 82. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 83. if there are changes to underlying maps then prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in a ESRI Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone VI ) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. 84. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) COMMUNITY SERVICES GENERALCONDITIONS 85. All perimeter landscaping including the parkway within the right-of-way, fencing and on-site lighting shall be maintained by the property owner or private maintenance association. 86. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 87. The developer shall provide adequate space for a recycling bin within the trash enclosure area. PRIOR TO ISSUANCE OF BUILDING PERMITS R:\C U P\2002\024)257 Grace Presbyterian Church\Staff Report 6-18-03.doc 23 88. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 89. If additional arterial streetlights are to be installed as a result of this project, prior to issuance of building permit or the installation of street lighting on Calle Medusa or Nicolas Road, which ever occurs first, the developer shall complete the TCSD application process, submit the approved Edison streetlight improvement plans and pay the appropriate energy fees related to the transfer of street lighting into the TCSD maintenance program. BUILDING AND SAFETY 90. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 91. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 92. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 93. Obtain all building plans and permit approvals prior to commencement of any construction work. 94. Disabled access from the public way to the main entrance of the building is required. The path of travel shall meet the California Disabled Access Regulations in terms of cross slope, travel slope stripping and signage. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 95. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 96. Show path of accessibility from parking to furthest point of improvement. 97. Restroom fixtures, number and type, to be in accordance with the provisions of the 1998 edition of the California Building Code Appendix 29. 98. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 99. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 100. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 101. Provide precise grading plan for plan check submittal to check for handicap accessibility. R:\C U P\2002\02-0257 Grace Presbyterian Church\Staff Report 6q 8-03.floc 24 102. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 103. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. 104. Show all building setbacks. 105. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays OUTSIDE AGENCIES 106. The applicant shall comply with the Conditions of Approval set forth in the Airport Land Use Commission transmittal dated October 18, 2002, a copy of which is attached. 107. The applicant shall comply with the Conditions of Approval set forth in the EMWD transmittal dated December 26, 2002, a copy of which is attached. 108. The applicant shall comply with the Conditions of Approval set forth in the Riverside County Flood Control and Water Conservation District transmittal dated June 26, 2002, a copy of which is attached. 109. The applicant shall comply with the Conditions of Approval set forth in the Ranch California Water District transmittal dated May 22, 2002, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Name printed Date R:\C U P~2002\02-0257 Grace Presbyterian Church\Staff Report 6-18433.doc 25 ~IVEP~§IDE CHAIR William Cobb CoronaJRiverside VICE CHAIRMAN Allen Graft Hemet COMMISSIONERS Paul Ball Moreno Valley Walt Snyder Palm Desert RJc Stephens Riverside Marge Tandy City of Hemet Sam Pratt City of Temecula STAFF Kcth D. Downs Executive Director A.I.C.P., A.A.A.E 5555~n~n A~. RJ~r~de, CA 92504 Tel: (909) 351-0700 x204 AIRPORT LAND USE COMMISSION RIVERSIDE COUNTY October 18, 2002 City of Temecula, Planning Dept. P.O. Box 9033 Temecula, CA 92589-9033 Attn: Matthew Harris RE: AIRPORT LAND USE COMMISSION (ALUC) DEVELOPMENT REVIEW File No.: FV-02-108 Related File: PA-02-0257 Dear Applicant: On October 17, 2002, the Riverside CountyAirport Land Use Commission (ALUC), found the above project inconsistent with the Comprehensive Land Use Plan for the French Valley Airport. If the City should wish to override the Commission as per PUC 21774.5(d) it should be subject to the following conditions: Provide Avigation Easements to the French Valley Airport prior to final issuance of any permit. Incorporate noise attenuation measure into any building construction to ensure interior noise levels are at or below 45-decibel levels. Install hooded or shielded outdoor lighting to prevent either the spillage of lumens or reflection into the sky (lights must be downward facing). 4. No obstruction of the "FAR Part 77 Conical Surface" shall be permitted. 5. The following uses shall be prohibited: (a) Any use which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA-approved navigational signal light or visual approach slope indicator. (b) Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. Page 2 October 18, 2002 (c) Any use which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. (d) Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation. Should you have any questions regarding this action, please contact me at (909) 351- 0700. Sincerely, RIVERSIDE C, ~/~,TY AIRPORT LAND USE COMMISSION Keit~. Downs, A.I.C.P., A.A.A.E. Executive Director KDD:jg CC: ALUC Staff Grace Presbyterian Church F:\Shared/EDCOM~AIRPORTS~ALUC\FV~2-108.LTR.doc INCE 195 Board of Directors President Rodger D. Siems Fise President Richard R. H~dl Marion V. Ashley Randy A. Record David J. $1awson Board Secretary Mary C. White General Manager Anthony J. Pack Director of the Metropolitan Water District of So. Calif. Marion V. Ashley Joseph J. Kuebler, CPA Legal Counsd Redwine and Sherrill December 26, 2002 City of Temecula Planning Department PO BOX 9033 Temecula, CA 92589-9033 Dear Coh..ague. Re; SAN53-Sewer Will Serve PA 02-0257, Grace Presybterian Church Facility, located at the southwest corner of Calle Medusa and Nicholas Road EMWD is willing to provide sewer service to the subject project. The provisions of service are contingent upon the developer completing the necessary arrangements in accordance with EMWD rules and regulations. EMWD expects the developer to provide proper notification when a water demand assessment is required pursuant to Senate Bill 221 and/or 610. EMWD expects the developer to coordinate with the approving agency for the proper notification. Further arrangements for service from EMWD may also include plan check, facility construction inspection, jurisdictional annexation, and payment of financial participation charges. The developer is advised to contact EMWD's New Business Development Department early in the entitlement process to determine the necessary arrangements for service. EMWD's ability to serve is subject to limiting conditions, such as water shortages, regulatory requirements, legal issues, or conditions beyond EMWD's control. Thank you for your cooperation in serving our mutual customers. If you have any questions, please call me at (909) 928-3777, ext. 4447. Sincerely, Fred Azimie Civil Engineering Associate II New Business Development Dept. FA/jw Cc: Russell Rumansoff Mailing Zlddress.' G:~ACCESS\New_Busi\DAD~Archives\Year2002\PA02-0257.doc Post Office Box 8300 Perris, CA 92572-8300 Telephone: (909) 928-3777 Fax: (909) 928-6177 Location: 2270 Trumble Road Perris, CA 92570 Internet: www. emwd.org DAVID P. ZAPPE General Manager-Chief Engineer :i,L JUN282002 RIVERSIDE COUNTY FLOOD CONTROL --AND WATER CONSERVATION DISTRICT 1995 MARKET STREET RIVERSIDE, CA 92501 909.955.1200 909.788.9965 FAX 51180.1 City of Temecula Planning Department Post Office Box 9033 Temecula, California 92589-9033 Attention: Ladies and Gentlemen: Re: ~/~ O ~..-' O ~ ~7 The Distdct does not normally recommend conditions for land divisions or other land use cases in incorporated cifies._The District. also .do.es nct.plan check_city land use cases or pro,de State Divis. ion of Real Estate let,.ers or other mood hazaro rel~. r~s for suco cases, uistnct comments/recommeneations ror sucn cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilities other recjional flood control and drainage facilities which could be consieere(~ a logical componenfor extension of a master p~an system, and District Area Drainage Plan fees (development mitigafion-fees)~ In-addition. information-of a-general nature-is - - - provided. The District has not reviewed the proposed project in detail and the following checked comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard public health and safety or any other such ssue: V~ This project would not be impacted by Distdct Master Drainage Plan facilities nor are other facilities of regional ~nterest proposed. This project involves Distdct Master Plan facilities. The District will accept ownership of such facilities on written, reque.s.t.of the City...Fa~lities must be. constru~.cted t.o D!strict sta.n, oards .and. District plan. check..a.nd insp~tion wi, De requiree ror uistrict acceptance. F~an COeCK inspection eno aeministrafive Tees will ee requ red. This project proposes channels, storm drains 36 inches or larger in diameter, or other facilities that could be considered regional in nature and/or a logical extension of the adopted Master Drainage.Plan. The District would con,der accepting .ownershi[~ of suc. n ta~litie, s on.wntten ..request of the City. Facilities must be constructed to uistrict stanearos and D~strict p~an cnec~ eno inspection will be requi~d for D strict acceptance. P an check, nspeciton and adm n strafive fees wi be requ r~d. ~' This project is located within the limits of the District's ~l~y';~o. ~_.~e~l~/~.~aJ4:[ ~'~'~' ~'/~' Area Drainage Plan for .which .drainage fees have been adoptea; applicable fees sl~oul(I be paia ..by Oasnier's check or money oroer omy to the Flood Control District prior ~o issuance of building or graeingpermits · whichever comes first. Fees to be paid should be at the rate in effect at the time of issuance of[he actua permit. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination Syst_em (NPDES) permit from the State Water Resources Con[roi Board. Clearance for grading recordation, or other final approval should not be given until the c ty hasdeterrn ned that the project has been granted a permit or s shown to be exempt. If this pr.o~ect involves a Federal Emergency Management Agency (FE.MA~ mapped flood plain then the City should require me applicant to provide all studies, calculations ~ans and omar information required to meet FEMA requirements and sho.uld further !'equire .that the applicant obtain a Conditional Letter of Map Revision (CLOMR) pdor to grading, recoroafion or other nna~ approva~ of the project, and a Letter of Map Rev s on (LOMR) pdor to occupancy. If a natural watercourse or mapped flood plain is impacted by this project, the City should require the app. licant to obtain a Section 1601/1603 Agreement from the California Department of Fish and Game and a Clean water ACt Section 404 Permit from the U.S. Army Corps of Engineers .o[ written COiTespondence fro..m t..hese ag..en~es indicating the project is exempt from these requirements. A Clean water Act Section 401 Water Muality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, STUART E. MCKIBBIN Senior Civil Engineer Date: ~::)- ~.~:;, ~.00~ l~lph H. Daily May 22, 2002 Matthew Harris, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 ~AY ~ ~ 2002 ~.~ By .... ~. SUBJ-EC'I': WATER AVAiLABILiTY PORTION OF PARCEL NO. 29 AS SHOWN IN BOOK 1, PAGES 44, 45, AND 46; APN 957-140-010 PLANNING APPLICATION NO. PA02-0257 GRACE PRESBYTERIAN CHURCH Dear Mr. Harris: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property oxvner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. If you should have_ any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 02\SB:at I 01 ~F012 -T6\FCF ATrACHMENT NO. 2 ALUC STAFF REPORT R:\C U P~2002\02-0257 Grace Presbyterian Church~Staff Report 6-18-03.doc 26 OCT i 5 2002 COUNTY OF RIVERSIDE AIRPORT LAND USE COMMISSION STAFF REPORT AGENDA ITEM: HEARING DATE: CASE SUMMARY CASE NUMBER: ~ APPROVING JURISDICTION: JURISDICTION CASE NO.: PROJECT DESCRIPTION: October 17, 2002 FV-02-108 Grace Presbyterian Church City of Temecula PA-02-0257 The project is the ultimate construction of a 26,170 sq. ft, church campus with a capacity of 900 people on 3.96 acres. PROJECT LOCATION: The site is situated west of Calle Medusa, south Nicholas Road in the City of Temecula, 9,500- 10,500 feet south east of the French Valley Airport. Adjacent Airport: French Valley Airport a~ Airport Influence Area: b. Land Use Policy: c. Noise Levels: Traffic Pattern Zone Influence Area below 55 dB CNEL MAJOR ISSUES: Land Use: The proposed site is located approximately 9,500-10,500 feet southeast of the south end of the runway and is within the Traffic Pattern Zone. The Traffic Pattern Zone' discourages' uses such as auditoriums, schools and stadiums. 'Discouraged' uses are required by the plan (7-7) to show that alternative locations have been considered and are not feasible. The applicant is thento be directed to consider a plan that will minimize the exposure to hazard such as moving the usage or considering satellite locations for some of the activities. Moving the structures approximately 200 feet south would place all of the structure outside of the plan boundaxy. Noise: The project is outside of the 55 CNEL as indicated in the 1994 Master Plan (2013) for the airport (See Exhibit A). The use is a 'noise sensitive use'. Noise reduction measures should be incorporated into the construction in order to ach/eve an interior annual noise level attributed to StaffReport Page 2 exterior sources, not to exceed 45 CNEL. That may require more than normal construction, which only attenuates up to 20dB. Any acoustical analysis should include aviation noise into that analysis Height: The elevation on the site ranges from 1207 MSL, and the structures are as high as 45 feet the runway ground elevation is 1,340-1,347 MSL feet. The Part 77 horizontal and conical surface is overlying this are at 1500MSL-1525 MSL, and no portion of the project in~xudes upon that airspace. Part 77 obstructions are not a concern. RECOMMENDATION: Staff would recommend that the Commission find the proposal inconsistent with the French Valley Airport Land Use Plan. Addendum: October 17: Commissioner Pratt has requested that the item be reconsidered andthe commission agreed on September 19, 2002. CONDITIONS: For the City to utilize should they wish to oven/de the Commission as per PUC 21774.5(d). Provide Avigation Easements to the French Valley Airport prior to the issuance of anypek'mit for the entire parcel. Incorporate noise attenuation measures into the building construction to ensure interior noise levels are at or below 45-decibel levels and any acoustical analysis should include aviation noise. Install hooded or shielded outdoor lighting to prevent either the spillage of lumens or reflection into the sky (lights must be downward facing). 5. The following uses shall be prohibited: (a) Any use which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight'final approach toward a landing at an airport, other than an FAA-approved navigational signal light or visual approach slope indicator. (b) Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. (c) Any use which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the al'ea. StaffReport Page 3 (d) Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instmmemation. F:\Share~EDCOM~AIRPORTS~LUC\FV-02-108.sr.oct.doc % I / / / ?' !~ !l'i~. L- J_.f L-- J: I A'I'I'ACHMENT NO. 3 ALUC DECISION LETTER R:\C U 1~2002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc 27 RIVERSIDE C 0 U N T ¥ ECONOMIC: CHAIR William Cobb Corona/Riverside VICE CHAIRMAN Allan Graft Hemet COMMISSDNERS Paul Ball Moreno Valley Walt Snyder Palm Desert Ric Stephens Riverside Marge Tandy City of Hemet Sam Pratt City of Temecula STAFF Keith D. Downs Executive Director A. LC.P., A.A.A.E 5555 A~ng~ A'~, Rk, ef,side, CA 92504 Tel: (909) 351~)700 x204 AIRPORT LAND USE COMMISSION RIVERSIDE COUNTY October 18, 2002 City of Temecula, Planning Dept. P.O. Box 9033 Temecula, CA 92589-9033 Attn: Matthew Harris RE: AIRPORT LAND USE COMMISSION (ALUC) DEVELOPMENT REVIEW File No.: FV-02-108 Related File: PA-02-0257 Dear Applicant: On October 17, 2002, the Riverside County Airport Land Use Commission (ALUC), found the above project inconsistent with the Comprehensive Land Use Plan for the French Valley Airport. If the City should wish to override the Commission as per PUC 21774.5(d) it should be subject to the following conditions: Provide Avigation Easements to the French Valley Airport prior to final issuance of any permit. 2. Incorporate noise attenuation measure into any building construction to ensure interior noise levels are at or below 45-decibel levels. Install hooded or shielded outdoor lighting to prevent either the spillage of lumens or reflection into the sky (lights must be downward facing). 4. No obstruction of the "FAR Part 77 Conical Surface" shall be permitted. 5. The following uses shall be prohibited: (a) Any use which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA-approved navigational signal light or visual approach slope indicator. (b) Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. Page 2 October 18, 2002 (c) Any use which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. (d) Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation. Should you have any questions regarding this action, please contact me at (909) 351~ 0700. Sincerely, RIVERSIDE CO.~/TY AIRPORT LAND USE COMMISSION Keit~. Downs, A.[.C.P., A.A.A.E. Exe'cutive Director KDD:jg CC: ALUC Staff Grace Presbyterian Church F:~ShamcREDCOMWRPORTS~ALUC~CV~)2-108,LTR,doc A'I-I'ACHMENT NO. 4 STATEMENT OF OPERATIONS R:\C U PX2002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc 28 _architects,_inc DATE : TO : FROM : SUBJECT : May 6, 2002 City of Temecula Planning Department Russell P. Rumausoff Statement of Operations Grace Presbyterian Church JUL B 1 2002 Hours and days of operation: Monday thru Friday 9:00am - 1:00 pm Administration Office only, minimal traffic and use of project site. Services: Sunday 8:00am-12:00pm Number of employees: 2-3 Amount of required parking: 150 parking spaces provided for Phase II Sanctuary seating 450 people. Amount of average daily trips generated: Weekly, Monday-Friday 10 per day Sunday 100 per day Type of equipment or processes used: None Description of hazardous materials (existing and new): None Other descriptions that effectively describe the proposed use: The Church is a _typic.__~al "Church" Facility. used for administration pu~oses during the week and for services on Sunday. Classroom facilities are for Sunday School only. No daycare or church school facility, is proposed at this time. JGRR7902 _530 St kJr'ns Pace Hemet, Cali~nia 92543 .909 652-4431 909 652-0373 Fax 27349 ~f~son Averted, Suite 206 Temecu!a, California 92590 ~ &~yB5-27 909 652-0373 Fox ATrACHMENT NO. 5 LETTER OF JUSTIFICATION R:\C U P\2002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc 29 _architects,_inc. MEMORANDUM DATE : TO : FROM : SUBJECT : May 6, 2002 City of Temecula Pl~nnin§ De Russell P. Rnmansoff~ Letter of Justification Grace Presbyterian Church ,artment Is the site suitable and adequate for the proposed use ? - Yes The site is served by an existing street system The site is served by all utilities The site is sized sufficiently to provide adequate space for the proposed use with substantial open space remaining. Would the proposed use and design have a substantial adverse effect on traffic circulation and on the planned capacity of the street system ? - No The proposed use and design will not have an adverse effect on traffic circulation or on the planned capacity of the street system. The use is an "oft-peak" _type of use in that the majority of traffic generated by the project would occur on Sunday morning. Traffic during the week would be minimal with no significant impact on the traffic or planned capacity of the street system. Would the proposed use have a substantial adverse impact on the general welfare of the persons residing in the community ? - No The proposed use would not have any substantial adverse impact on the general welfare of the persons residing in the community. The proposed pr~ect would not create or omit offensive, hazardous or excessive quantities of dust. dirt smoke, noise, fumes odors or vibrations or create fire. explosion or other hazards. There shall be no use of hazardous and/or toxic chemicals or waste upon or within the project site. Construction of a Church Facility would in fact have a Substantial positive impact on the general welfare of the persons residing in the community _530 St..k:;hns Place Hemet, California 92543 909 652-4431 909 652-0373 Fax _27349 Jefferson AvEou~ Suite 206 Temecu~ Califonia 92590 909 676-,5527 909 6,52-0373 Fax May 6, 2002 Page 2 RE: Letter of Justification Grace Presbyterian Church Is the design of the project compatible with the existing and proposed development within the district and its surroundings ? - Yes The project is designed to be compatible with existing and proposed development within the District and its surroundings while at the same time. providing a Chumh Facility designed to be compatible in scale with the congregation and community_. The proposed project is adjacent to the existing Calvary. Baptist Church of Temecula. JGRR7901 ATFACHMENT NO. 6 EXHIBITS R:\C U P~2002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc 3O CITY OF TEMECULA ,ect Site CASE NO. - PA02-0257 EXHIBIT - A PLANNING COMMISSION DATE - JUNE 18, 2003 VICINITY MAP R:\C U P~002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc CITY OFTEMECULA N EXHIBIT B - GENERAL PLAN MAP EXHIBIT C - ZONING MAP CASE NO. - PA02-0257 PLANNING COMMISSION DATE - JUNE 18, 2003 R:\C U P~2002\02-0257 Grace Presbylerian Church\Staff Report 6-18-03.doc 33 CITY OF TEMECULA CASE NO. - PA02-0257 EXHIBIT - D PLANNING COMMISSION DATE- JUNE 18, 2003 SITE PLAN R:\C U P~002\02-0257 Grace Presbyterian Church\Staff Repor~ 6-18-03.doc CITY OF TEMECULA .... -~ -~ ~ ---ii,t ·--- ,,_ _ [o ~ [~ ~ [:. *.:.; . iI , ~ ~, i- 4L---~'L ,4 . -, , . . : ~_ :, ,~r..r. t I i ~-'a i.~ ~--?-.~:~,4¢,'~D s%-,',~- · .!,'!!D - .: : :~.',~.~ ' r..IU;. ,:,' l:;:~:I ¢-~ Ii',[ II -: ;: .ri - - ' .. ll~ :., ~. ,..,... ,i~,, . : . ..I .. , · .._ . , ; :; , __, ." ,., I~-., :, =,-- CASE NO. I PA02-0257 EXHIBIT - D1 SITE PLAN PLANNING COMMISSION DATE - JUNE 18, 2003 R:\C U P~2002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc CITY OF TEMECULA CASE NO. - PA02-0257 EXHIBIT -E PLANNING COMMISSION DATE- JUNE 18, 2003 GRADING PLAN R:\C U P~002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc CITY OF TEMECULA CASE NO. - PA02-0257 EXHIBIT -F PLANNING COMMISSION DATE- JUNE 18, 2003 BUILDING ELEVATIONS R:\C U P~2002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc 37 CITY OF TEMECULA o CASE NO. - PA02-0257 EXHIBIT -Fl PLANNING COMMISSION DATE - JUNE 18, 2003 BUILDING ELEVATIONS R:\C U P~2002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc CITY OFTEMECULA CASE NO. - PA02-0257 EXHIBIT -F2 PLANNING COMMISSION DATE - JUNE 18, 2003 BUILDING ELEVATIONS R:\C U P~002\02-0257 Grace Presbyterian Church\Staff Reporl 6-18-03.doc CITY OF TEMECULA CASE NO. - PA02-0257 EXHIBIT -F3 PLANNING COMMISSION DATE - JUNE 18, 2003 BUILDING ELEVATIONS R:\C U P~002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc 40 CITY OF TEMECULA CASE NO. - PA02-0257 EXHIBIT -F4 PLANNING COMMISSION DATE -JUNE 18, 2003 BUILDING ELEVATIONS R:\C U P~2002\02-0257 Grace Presbyterian Church\Staff Repor~ 6-18-03.doc 4] CITY OF TEMECULA CASE NO. - PA02-0257 EXHIBIT -G PLANNING COMMISSION DATE - JUNE 18, 2003 FLOOR PLAN R:\C U P~002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc 42 CITY OF TEMECULA CASE NO. - PA02-0257 EXHIBIT -Gl PLANNING COMMISSION DATE - JUNE 18, 2003 FLOOR PLAN R:\C U P~2002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc 43 CITY OF TEMECULA CASE NO. - PA02o0257 EXHIBIT -H PLANNING COMMISSION DATE- JUNE 18, 2003 LANDSCAPE PLAN R:\C U P~002\02-0257 Grace Presbyterian Church\Staff Report 6-18-03.doc 44 ITEM 18 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN(~E~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council Susan W. Jones City Clerk/Director of Support Services July 22, 2003 Old Town Local Review Board Appointments PREPARED BY: Cheryl Domenoe, Administrative Secretary RECOMMENDATION: Appoint three applicants to serve full three-year terms on the Old Town Local Review Board. BACKGROUND: There are currently three full terms available on the Old Town Local Review Board, all three being regular positions. These positions are through May 15, 2006. The terms of Committee Members Albert Blair, William Harker and Ned Montgomery expired on May 15, 2003. The available positions were advertised and posted in accordance with the City Council's adopted policy and procedure for making appointments and reappointments. Three applications were received and forwarded to the Council Subcommittee consisting of Mayor Stone and Councilmember Pratt. After review of the applications, both Mayor Stone and Councilmember Pratt have recommended the appointment of Douglas Haserot and the reappointment of Commissioners Albert Blair and Bill Harker, all serving full three-year terms. All applicants are registered voters. It is not a requirement of this committee to be a resident of the City of Temecula. Attached are copies of the applications received by ihe filing deadline of July 3, 2003. A'I-FACHMENT: Copies of Applications for Appointment Agenda Repods'~Appointment Old Town Advisory 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (909) 694-6444 04-~' -~3 A10:16 IN Board Applica£/on Il $~ '2? ~ ~10:~6 iN NAME: AL~;_o.~ ADDRESS: ?~b_~._e~ L~ DA~FrlME PHONE: EMPLOYER NAME: EMPLOYER ADDRESS: OCCUPATION: EVENING PHONE: E-MAIL Educational Background/Degrees: List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, community service): State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. You may attach a separate sheet of paper if necessary,) I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature:~ Date:.~(~l_. 'Z.'~'; ~ Please return to: City Clerk's Office, 43200 Business Park Drive (909) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE April 25, 2003 City of Temecula City Clerk Department 43200 Business Park Drive Temecula, Ca Dear Sk I hereby apply for re-appointmem to the Temecula Old Town Review Board. The board is now involved assisting in the update the of Old Town Specific Plan, and I would like to continue involvement in the process if at all possible. I have enjoyed my time with the board and I feel my contribution has been worthwhile. I would very much like to continue in this regard. Thank you for your consideration. Albert C. Blair Albert C. Blair 30680 La Sombra Court Temecula Ca. 92591 (909) 699-7298 EDUCATION 1974-1976 1958-1973 1957-1959 1953-1956 University of Utah, Graduate Studies, Manpower Economics and Public Administration. Brigham Young University, BS Sociology, Emphasis on Demographics Santa Barbara City College, General Studies Santa Barbara High School WORK HISTORY 1987-2003 1976-1987 1966-1976 1962-1966 1949-1962 Retired Salt Lake City Division of Building and Housing Services, Director Salt Lake City Planning Division, City Planner State of Utah Department of Transportation, Land Use Analyst School time employment BOARDS ANDAFFILIATIONS 1997-2003 1988-1988 1984-1987 1976-1987 1976-1987 1976-1987 1976-1987 1978-1987 1976-1987 1976-1987 1973-1987 1971-1976 Temecula City Old Town Review Board, Member Salt Lake County Board of Zoning Adjustment, Member Salt Lake Handicapped Concern Committee, Member International Conference of Building Officials, Member Utah Conference of Building Officials, Member Salt Lake City Planning Commission, ex-officio Member Salt Lake City Board of Zoning Adjustment, ex-officio Member Salt Lake City Board of Appeals and Examiners, Staff Support Salt Lake City Homing and Advisory Appeals Board, StaffSupport Salt Lake City Historic Landmarks Committee, Staff Support Salt Lake City Neighborhood Housing Service, Board of Directors Member Utah Housing Coalition, Board of Directors Member City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (909) 694-6444 RECEIVED NAME: ~.t,LL/ ~14 /~, ~-[~?..P~-7~OCCUPATION: ADDRESS: ~ ~'~-~' S, (~-'~ DAYTIME PHONE: EMPLOYER NAME: EMPLOYER ADDRESS: Educational Background/Degrees: -:I$ 8CvB List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, community service): State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. You may attach a separate sheet of paper if necessary.) I understand that any or all information on this form may be verified. I consent to the release of this information for/public information purposes. Signature:'¢//-'~"(/../~'~., ~/~, ~'//~¢.,c~ Date: ~4~-'/ 8~, 0 ~ Please return to: City Clerk's Office, 43200 Business Park Drive (909) 694-6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE ATTACHMENT TO APPLICATION OF WILLIAM A. HARKER 1. Educational Background and Degrees AA in Business Management, Pasadena City College Post Graduate in Business Administration, UCLA Post Graduate in Industrial Engineering, Cal Tech. 2. Boards, Committees and Commissions on Which Served Temple City Incorporation Committee, 1959 - 1960 Temple City Planning Commission, 1961 - 1964 Temple City Council, 1965 - 1976 SCAG Transportation Committee, 1966 - 1970 LA County Sanitation District, 1966 - 1970 Temple City Revitalization Blue Ribbon Committee, 1966 General Chairman, Temple City Camellia Festival, 1976 Riverside County Aviation Commission, 1985 - 1997 Riverside County ALUC, 1985 - 1997 Rancho California Airport Relocation Committee, 1987 - 1988 Temecula Incorporation Committee, 1998 - 1999 Old Town Temecula Local Review Board, 1990 to Present Old Town Theater Design Review Committee, 1990 to Present 3. Organizations to Which I Belong State of California Licensed Engineers Aircraft Owners and Pilots Association Friends of French Valley Airport French Valley Pilots Association Temecula Valley Chamber of Commerce, Life Member Temecula Town Association, Life Member Old Town Theater Board of Directors Temecula Valley Historical Society Board of Directors Vail Ranch Restoration Association Board of Directors 4. Why I Believe I am Qualified and Wish to Serve As a 29 year resident of Temecula I have a dedicated interest in preserving the historical legacy and heritage of Old Town Temecula. I believe my knowledge of the area's history and my 14 years of service on the Local Review Board qualify me for reappointment to the position that I am presenter serving and applying for. 909 694 ~999 CITY OF TE~ECULA City of Temecula 43200 Business Park Drive Temeoula, CA 92590 w'~'.oityoft emeoula.org (909) 694.6444 [~002 RECEIVED JUL - 2 2003 Board Application EMPLOYER ADDR~$: ~[77~ ~~ ~g~-MNL ~C ~E~7~ ~. ~ EducatiOnal Backgroun~egrees: List any City or County Boa~, Committee or Commission on which you have served and the year(s) of .- · List any organl~tions to whioh you belong (professional, technical, commun~ service): State why you wish to serve on th s COmmission, and why you believe you are qualified for the position. Please be specifiC. You may attach s separate sheet of paper if necessary.) ..... Y ormaugn on this torm may be verified. I coflsent t~ the release of m~s ;morma~en~/or public i)]~r ~ma. ti6n purposes. Please'ream to: City Clerk's Office, 432DD Business Park Driw (909) 694-E-1. ~ (O/R) Mai/to: P.O. Box 9033, Temecula, C4 92589-9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE DEPARTMENTAL REPORTS APPROVAL CITY ATTORNEY D REC OR OF CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council Jim Domenoe, Chief of Poli(~ July 22, 2003 Monthly Departmental Report The following report reflects special teams, traffic enforcement and miscellaneous activity occurring during June 2003. The Police Department responded to 31 "priority one" calls for service during the month of June, with an average response time of approximately 7.1 minutes. A total of 4,035 calls for police service were generated in the City of Temecula during the month. During June, the Temecula Police Department's Town Center Storefront served a total of 142 customers. Forty-nine sets of fingerprints were taken, 49 people filed police reports and five people had citations signed off. Crime Prevention Officer Lynn Fanene participated in a number of special events, neighborhood watch and community-oriented programs during the month. He also coordinated requests for patrol ride-alongs. Additionally, he continued to provide residential and business security surveys/visits and past crime follow-up. Officer Fanene also continued to process City Planning Department submissions of site plans/conditions. The POP Teams continued the Warrant Apprehension Program during June, resulting in one felony warrant arrest and seven misdemeanor arrests. They also issued two citations for various traffic violations. POP Teams also continued with the homeless persons program, with the goal of assisting homeless in finding services and aid to help them. Apart from the warrant arrests that have been mentioned, officers made two additional felony and two misdemeanor arrests for various crimes. POP officers also completed an extensive criminal stalking investigation that resulted in a search warrant and the recovery of numerous dangerous weapons. Based on this investigation, a subject was arrested and has been held in jail with a no-bail status because of the danger he reflects to the community. The Old Town Storefront serves as an office for the .POP teams and a location to assist the public with police services. During June, the Old Town Storefront served 193 customers. Thirty-six sets of fingerprints were taken, 23 reports were written, ~nd 33 citations were signed off. The traffic team reported that during the month of June there were 597 citations issued for hazardous violations, 143 citations were issued for non-hazardous violations and 213 parking citations were issued. During the month there were 15 injury traffic collisions, 65 non-injury collisions were reported and 26 drivers were arrested for DUI. There was one fatal traffic collision Monthly Depar[mental Report - Police Department that occurred on June 17th at Winchester and Nicolas Roads. In that particular collision, a bicyclist was struck by a car and killed as he pedaled across the intersection at 2:15 a.m. In other citation summary information, the Neighborhood Enforcement Team (NET) program resulted in 54 citations being issued. This program addresses traffic concerns in residential neighborhoods with a dedicated motor officer. The SLAP program (Stop Light Abuse Program) resulted in 64 citations being issued. During the month of June, the POP officers assigned io the Promenade Mall handled a total of 109 calls for service. The majority of these calls were for'shoplifting investigations. During the month, calls and on-sight activity resulted in the criminal arrest and filings on one felony and 19 misdemeanor cases. Officers McEIvain and Rupe continued to provide training to security staff during the month. The mall officers continued to work to prevent vehicle theft and vehicle burglaries. There were no vehicle thefts, and three vehicle burglaries reported during the month of June. Our five school resource officers have remained active during June with school graduations and promotions. The school resource officers conducted many counseling sessions with students. A total of 47 investigations/repods were conducted/written by the school resource officers during June. The school resource officers made felony arrests for child abuse and vehicle theft during the month. The JOLT program (Juvenile Offender Law Enforcement Program) continues to be a success in part through its Youth Court program. Officer Sherry Adams conducted the 114th Youth Court session. The JOLT officer assisted at other schools when needed and conducted follow-ups with parents of juveniles in the JOLT program. Officer Adams also worked with "at risk" juveniles throughout the month and also conducted counseling sessions with their parents. She assisted the Riverside County District Attorney's Office and Probation Department by providing training during home visits with incorrigible/at risk juveniles during the month of June. Officer Adams made a felony arrest for corporal injury to a spouse during the month. During the month of June, the Special Enforcement Team (SET Team) made three felony arrests and 11 misdemeanor arrests, primarily for narcotics violations. The SET Team served search warrants and recovered quantities of marijuana and methamphetamine. This team continues to work street level narcotics and specialty patrol within the city on a proactive basis. Volunteers from the community continue to be an integral part of the Temecula Police Department's staff. Under the guidance of volunteer coordinator Officer Bob Ridley and assistant coordinator Gayle Gerrish, the Police Department's volunteer staff contributed 520 hours of service in June. Volunteer assignments include computer data input, logistics support, special event assistance and telephone answering duties. Community Action Patrol (CAP) Program volunteers have continued their activities, patrolling the city for graffiti, conducting vacation residential checks and assisting patrol with special logistical needs and special events. Other duties these volunteers attend to are business checks and abandoned vehicles and traffic control. The goal of the program is high visibility, which prevents crime from occurring. CAP Team members contributed 136 hours of service to the community during the month of June. The reserve officer program and mounted posse are additional valuable volunteer resources available to the police department. The police department utilizes reserve officers to assist with patrol, traffic enforcement, crime prevention and a variety of special functions. Reserve police officers worked a total of 143 hours specifically on patrol in Temecula during June. Monthly Departmental Report - Police Department The Temecula Citizen Corps Program continued to take shape and develop during the month of June. The executive body, or the TCC Council, moved their bi-weekly meetings from the administrative offices of the Promenade Mall to the American Red Cross building. The council is comprised of representatives from the police and fire departments, the City, local business, the Temecula Valley Unified School District, the American Red Cross, and a local citizen. Plans for participation in the 4th of July Parade were completed. Plans to staff a booth with TCC volunteers at the Sports Park on July 4th with the intent to recruit additional volunteers and educate the public on the mission of the Temecula Citizen Corps were also finalized. Most of the volunteer leadership positions have now been filled, and the program is progressing well toward meeting the goals provided by members of the city council. Monthly Departmental Report - Police Department 3 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY //~'/'/~"~ II DIRECTOR OF FINANCE II CITY MANAGER JJ CITY OF TEMECULA AGENDA REPORT City Manager/City Council William G. Hughes, Director of Public Works/City Engineer July 22, 2003 Department of Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Reports for the month of June, 2003. MOACTRPT.FRM CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report June I July 2003 Prepared By: Amer Attar Submitted by: William G. Hughes Date: July 22, 2003 PROJECTS UNDER CONSTRUCTION 1. First Street Extension - Environmental Mitigation This project will create approximately 1.49 acres of wetlands along Murrieta Creek at First Street. It includes construction of landscaping and irrigation improvements, and maintenance of said improvements for a period of five (5) years in accordance with California Depadment of Fish and Game and U.S. Army Corps of Engineers permit requirements. ACOE and RCFC are requesting the relocation of the mitigation site to avoid conflict with Murrieta Creek Improvement Project. A letter was sent from the City to ACOE for possible alternate mitigation sites. The City received a response from ACOE approving the relocation of the mitigation site. Research is underway to acquire property at an alternate site. 2. Community Theatre - Mercantile Seismic Retrofit This project will create a community theatre at the old Mercantile building in downtown Temecula. The project is complete. It is scheduled for Council acceptance on July 22, 2003. 3. Children's Museum This project will construct a 7,500 square foot children's museum. The contractor, Fleming Construction, is completing the punch list for the building shell improvements that include the construction of the gazebo entrance, improvements to the restreoms and other items to make the building suitable for the installation of the museum exhibits and use by the public. 2H Construction is continuing with the repairs to the building structure. Mold remediation is complete and the demolition of the floor is proceeding. Once the contractor receives the OK from the structural engineer, the floor joists will be replaced. Due to the extent of structural repairs required, the completion date for the building shell improvements has been extended to the fall of 2003. 4. Pechanga Parkway (Formerly Pala Road) Sound Wall Improvements Under this project, sound walls will be designed and constructed on the southwest side of Pechanga Parkway, from Rainbow Canyon Road to the Pechanga casino and on the northeast side along the residences just north of Loma Linda. Bullard Construction has begun building the sound wall at the northeasterly limits of the project along the right-of-way of Jedediah Smith Road just north of Muirfield Drive. The footings have been poured in this area and the block will be placed thereafter. Block at this location is special order (split face) and will not be available from the manufacturer until August. The contractor has poured some of the footings on the west side of Pechanga Parkway and is moving south with the removals. R:\MonthlyActivityReport\ClP\2003Llune.doc 5. Rancho California Road Bridge Widening Over Murrieta Creek This project will widen Rancho California Road Bridge over Murrieta Creek 35 feet on the south and 15 feet on the north to provide four additional traffic lanes. Construction is underway on the CIDH pier pilings. Completion of the project is anticipated in Spring of 2004 although the allowable working days extend into August of 2004. 6. Annual Slurry Seal Project 2002~2003 This is the annual project to slurry seal various areas in the City. The Vail Ranch area is the area of concentration this fiscal year. The contractor has completed the work. The area that was slurry- sealed is just south of Temecula Creek between Redhawk Parkway and Butterfield Stage Road. 7. Citywide Concrete Repairs - FY2002/2003 Annual maintenance project to repair/replace miscellaneous damaged concrete improvement including sidewalk, curb & gutter, driveway approaches, etc. A pre-construction meeting was held with Malton Construction on June 9. The work started on July 14 and it will be completed on September 8. 8. Pavement Rehabilitation Program - FY 2002~ 2003 The project involves removing and replacing the pavement in the two westbound lanes of Rancho California Road between Margarita Road and Meadows Parkway. This area was identified as needing rehabilitation in the report "Update of Citywide Pavement Management Program 2002- 2007" prepared by Berryman & Henigar dated December 10, 2002. Bids were opened on June 10, 2003, with R.J. Noble being the Iow bidder. Award of this contract will go to the June 24, 2003, City Council meeting. It is anticipated that construction will begin mid July of 2003 and be completed by September 2003. PROJECTS BEING ADVERTISED FOR BIDS '1. John Warner Road Assessment District Under this project an assessment district will be formed. This district includes the construction of street and storm drain improvements in the John Warner Road area. The street improvement plans and the storm drain plans were completed and the Assessment District was advertised for construction bids. Bids are scheduled to be opened on July 29. 2. Rancho California Road Widening & Median Modifications East of Ynez Road The project will include the closing of the two median openings on Rancho California Road in front of the Town Center, while lengthening the left turn lanes at Ynez Road, Town Center Drive, and Via Los Colinas to improve traffic circulation. In addition, a dedicated right turn lane will be added on the eastbound direction on Rancho California Road at Ynez Road. The project is being advertised for construction bids. Bid opening is July 29, 2003. 2 R:\MonthlyAcfivib'Report\CIP\2003~June.doc PROJECTS IN DESIGN 3. Pechanga Parkway (Formerly Pala Road) Improvements - Phase II (SR 79 South to Pechanga Road) This project will widen Pechanga Parkway (formerly Pala Road) to its ultimate width from the Pechanga Parkway Bridge to Pechanga road. The City is currently working with Caltrans' Local Assistance and City's Environmental Consultant to expedite the environmental approval process. The Preliminary Environmental Document Classification (NEPA)of the project has been determined to be an "Environmental Assessment" (EA). Required technical studies (involving Federal action) will be included in the EA. The Planning Department completed Addendum No. 3 to the Wolf Creek EIR and the Notice of Determination for the project. The Addendum and NOD was needed to satisfy all CEQA requirements for the project. The City will return checkprints to DMJM+HARRIS when all of the street plans/specifications/utility companies' comments are completed. This project will be divided into two stages. The first stage is to construct the storm drain triple box culvert and the channel improvements north of Loma Linda. Construction of this stage is scheduled for Fall 2003. The second stage will construct the remaining street improvements and drainage structures. Construction of this stage will start once the first stage is completed. 4. Pechanga Parkway Storm Drain Improvements - Phase II This project will construct the storm drain triple box culvert and the channel improvements north of Loma Linda. As part of this stage the entire Pechanga Parkway, Phase II project will be environmentally cleared in accordance with the California Environmental Quality Act (CEQA). The Planning Department completed Addendum No. 3 to the Wolf Creek EIR and the Notice of Determination for the project. The Addendum and NOD was needed to satisfy all CEQA requirements for the project. The City is finalizing the legal descriptions and plats needed to transfer Right of Way to RCFC & WCD for maintenance of the storm drain system. The City is preparing an overall right of way map, irrevocable offers of dedications with associated legal descriptions and plats, along with the agreement for RCFC & WCD to review and approval The U.S. Army Corps of Engineers (USACE) is requesting that the City and RCFC & WCD make additional changes to the lower section of the Wolf Valley Creek Channel. The consultant will redesign the outlet facility when the USACE, City, and RCFC & WCD finally agree upon a solution. When the consultant completes the redesign, plans will be resubmitted to RCFC & WCD for final check and approval. 5. Temecula Library A full service library, approximately 34,000 square feet in area, will be designed and built on Pauba Road, just west of Fire Station #84. This project will provide the community with library resources and services. A separate parcel has been created for the library for bond purposes. The application to the State was submitted on 6/13/02. The City's application was not among the approved ones. The City resubmitted its application for the second round of funding approvals later this year during the last period. Construction is delayed until Spring 2004, provided that the City receives funding. Utility services construction will be coordinated with Pauba Road, Phase II Street Improvements. 6. Pauba Road Improvements - Phase II (Margarita Road to Showalter Road) This project will widen Pauba Road from Showalter to just west of Margarita Road to its ultimate 3 R:\MonthlyActivityRepor t\ClP\2003XJune.doc width. The City has reviewed the 100% Design Plans submitted bythe consultant. Specifications are under review. Plans were sent to all utilities and utility issues are being addressed. Environmental documents have been finalized by the City Planning Department and the public comments period will begin next month. Work is being coordinated with the library project. 7. Landscaping and Sidewalk On SR 79 South (Old Town Front Street to Pechanga Parkway) The project consists of the design and construction of new sidewalk, irrigation, and landscaping along State Route 79 South between Old Town Front Street and Pechanga Parkway. The City has just received final plans and specs for this project. The plans will be reviewed during the week of 7/14/03. We anticipate advertising the projects for bids shortly. 8. Temecula Sports Complex A new 40+ Acres sports complex will be built at the corner of Pechanga Parkway and Deer Hollow Way. The City Council approved the Conceptual Master Plan of the project and funding at the January 14, 2003 meeting. RJM, the landscape architect, continues to work on the design of the complex. The Preliminary Design of the complex is nearly complete, with utility coordination underway. 9. Bridge Barrier Rail Upgrade, Rainbow Canyon Road over Pechanga Creek/Del Rio Road over Empire Creek This project will replace the existing barrier rails of the Rainbow Canyon Bridge over Pechanga Creek and the Del Rio Road Bridge over Empire Creek. Simon Wong Engineering (SWE) delivered the 100% Plans and the Engineer's Cost Estimate in early October. The Specifications are complete. The request for authorization for construction funding was sent to Caltrans on 1/14/03. Once Caltrans approval is received the project will go out to bid. 10. Fire Station - Wolf Creek Site A fire station will be built at the Wolf Creek Site. The Plans have been approved with exception of grading plans. We ara waiting for the parcel to be recorded and an APN so an address can be assigned and utility services finalized. The Developer was noticed of the need in March 2003. Il. Vail Ranch Park (Near Pauba Valley School) - Add Amenities This project will add amenities, including play equipment, to the recently annexed Vail Ranch Park. RHA Landscape Architects/Planners Inc. is the design firm. The final design documents were resubmitted and City staff reviewed them. Comments were returned to the consultant and they are making the revisions. The revised documents should be received by the end of June. 12. Murrieta Creek Multi Purpose Trail This project will build podions of the equestrian and bike trails along Murrieta Creek within City limits. The City has received a federal grant of $1,214,000. Caltrans has given the City the "Authorization to Proceed with Preliminary Engineering." A progress meeting was held on June 30th. We ara working with US Army Corps of Engineers and Riverside County Flood Control to coordinate the trail design with the Murrieta Creek Improvement project. 4 R:\MonthlyActiviiyReport\ClP\2003'dune.doc 13. State Route 79 South Medians Under this project medians will be constructed on State Route 79 South within the City of Temecula limits. The City Council approved a design agreement with Project Design Consultants on May 27, 2003. 14. Guardrail Installation and Replacement On Rainbow Canyon Road In this project, old guardrails will be replaced and new guardrails will be installed in needed locations on Rainbow Canyon Road within the City of Temecula. Authorization to request proposals was received from Caltrans and the RFP went out on June 11,2003. Proposals were received on July 1, 2003 and they are being reviewed. 15. Old Town Southern Gateway Landscaping Under this project, 10,000 square feet remnant parcel west of Front Street, which was created by the realignment of First Street, will be landscaped. Project plans are back to City for the third plan check. 16. Rancho California Road Widening, Old Town Front Street to 1-15 (Southside) This project will provide a right turn lane for southbound 1-15 motorists and explore the possibility of providing a dual left turn lane from westbound RCR to southbound Front Street. Proposals for design of the improvements were received on June 5, 2003 and they aro being reviewed. Title reports for impacted properties have been received. 17. Old Town Community Theatre This project will construct a 20,000 square foot community theater complex and refurbishes the existing Mercantile Building. Plans are through building plan check. RFP's for construction management and pro-qualification of the contractors for the project have been received and aro being reviewed. We aro in the process of acquiring Fourth Street right-of-way for utilities and access. Permit applications were completed and sent to resource agencies the week of May 12th. Permitting may delay construction. 18. Fire Station - Northeast Site (Roripaugh Ranch) This project will construct a new fire station in the north part of the City. Amendment of the design agreement, for final design, was approved at the 6/10/03 Council meeting. The developer has deposited the additional funding necessary to complete final design and bid the project. 90% drawings will be submitted for Building plan check at the end of July. 19. Jefferson Avenue Pavement Rehabilitation - Phase II This project will rehabilitate Jefferson Avenue from approximately 650 ft south of Overland Drive to Rancho California Road. The rehabilitation will include pavement overlay and road/driveway reconstruction. A surveying firm was hired and performed the required surveying and provided the data to the City. Kleinfelder will continue to provide geotechnical services including pavement testing. An RFP for engineering design services is currently being finalized. 20, Diaz Road Realignment Under this project, Diaz Road will be roaligned to Vincent Moraga Road at Rancho California Road. 5 R:\MontldyActivityReport\CIP\2003~June.doc Business Park Drive will be a T-intersection at Diaz. City staff is currently designing the project. Street and landscaping design completion is scheduled for April 2003. Widening Diaz Road an additional 20 feet to accommodate four lanes of traffic has been added to the project and is currently under design. In addition, a signal at Rancho Way and Diaz has been added to this project and is being designed in house. The project is on-hold, except for the two traffic signals at Diaz Rd. & Rancho Way and Business Park & Rancho California Road. Right of Way processing is anticipated to be completed soon. Association CC&R restrictions applicable to the proposed roadway are currently being appraised for valuation. 21. Winchester Road Widening Between Enterprise Circle and Jefferson This project will widen Winchester road between Enterprise Circle and Jefferson Avenue. It will also add a right turn lane from Eastbound Winchester to Southbound Jefferson, starting at Enterprise Circle. Project layout was plotted and discussed with Traffic and the Director of Public Works n- house design continues. Right-of-way plats and legals have been prepared and the acquisition process is underway. 22. Rancho California Sports Park ADA Access and Shade Structure This project entails the design and construction of ADA compliant concrete walkways to the remaining ball fields, 3,4,5,7 & 8. It will also include the installation of two shade picnic/seating areas adjacent to the snack bar building. The contract was awarded to International Pavement Solutions of San Bernardino. The contract amount is $36,363.00. The pre-construction meeting was held on June 24, 2003. Construction has begun, and we anticipate it being completed by Aug 17, 2003. 23. Bus Bench Upgrades Under this project, bus benches and shade structures will be installed and existing ones will be upgraded at various locations. Project research on locations of current bus stops, existing bus bench/shade structures, bus bench/shade structure costs and RTA routes is complete. Bus bench/shade structure design and location options were reviewed and a report with recommendations is being prepared. PROJECTS IN THE PLANNING STAGE 1. 1-151 SR 79 South Interchange - Project Study Report (PSR) This project will modify the I-15/SR 79 South Interchange to accommodate projected future traffic. The City will proceed with the modified alternative #5. The draft Project Study Report was submitted to Caltrans and the City for review and comments on April 7, 2003. The City received Caltrans comments on May 22, 2003. The City's responses to the comments were sent back to Caltrans on June 3, 2003. 2. French Valley Parkway Overcrossing and Interchange, Project Report (PR), Plans Specifications, and Estimate (PS&E) Preparation This project will construct an interchange between Winchester Road Interchange and the 1-15/I-215 split. The consultant continues to work on the Project Report. A PDT meeting was held on 06/26The pre-Value Analysis meeting is scheduled for 07/24/03. The Value Analysis sessions will be 6 R:\MonthlyActivityReport\CIP~2003Uune.doc conducted during the first two weeks of August. In addition, this project was chosen to be the Federal Highway Administration's pilot program to accelerate projects. The program is called Accelerated Construction Technology Transfer (ACTT). Workshops related to this program will be held in October. We are also pursuing the acquisition of a number of properties to protect them from development. 3. Murrieta Creek Bridge - Overland Drive Extension to Diaz Road This project will entail alignment studies and the design of an extension of Overland Drive, westerly to Diaz Road, which includes a new bridge over Murrieta Creek. The project includes the widening of Overland Drive from Jefferson Avenue to Commerce Center Drive, and the extension of Overland Drive across Murrieta Creek to Diaz Road. PDC has completed the alignment study and staff has reviewed copies of the preliminary plans. Staff has reviewed design costs for next year's fiscal funding. No funding until FY04-05. 4. Alignment Study for Murrieta Creek Bridge Between Winchester Road and Temecula City Limits and Diaz Road Extension This study will determine the alignment and location of the Murrieta Creek crossing between Winchester Road and the northern City Limits. In addition, the study will be combined with the Diaz Road Extension alignment study and design. Coordination with the City of Murrieta, Riverside County Flood Control and Army Corps of Engineers is necessary. The Consultant and Staff met with Riverside County Flood Control to discuss possible alignments. The consultant is currently awaiting data from Riverside County Flood Control in order to complete the work on the first draft of the alignment study. Staff was informed this data could take up to a year to receive (from May 2002). PROJECTS THAT ARE SUSPENDED OR ON-HOLD 1. Santa Gertrudis Bridge Widening at 1-15 This is Phase II of the Southbound Auxiliary Lane project at the southbound exit ramp for Winchester Road. This project will widen the 1-15 southbound exit-ramp at the Santa Gertrudis Creek Bridge to provide an additional lane on the exit ramp just north of Winchester Road. Staff is revisiting the merits of this project in light of the Project Study Report for French Valley Parkway Interchange. The study shows that this bridge may have to be removed in the future to accommodate the new Interchange. This project is suspended indefinitely. 2. Margarita Road/Winchester Road Intersection Improvements Project is on hold. Under this project, an additional left turn from eastbound Winchester to nodhbound Margarita will be added in order to accommodate increasing traffic volumes. Design is 50% complete. A developer will be doing this project. 3. Pujol Street Sidewalk Improvements - Phase II Project is on hold. This project will complete the knuckle at the intersection of Sixth Street and Felix Valdez. The developer of a nearby property may be designing and constructing this project. 7 R:\MonthlyActiviiyReport\C1P\2003~June.doc 4. School Site ADA Improvements Project has been removed from this year's CIP. Design and construct ADA concrete walkways and hand railing to athletic facilities at Temecula Middle School, James L. Day Middle School and Margarita Middle School. TCSD re-allocated the funds. 5. City Hall Parking Lot Modifications Project is on-hold. Funding has been postponed until FY 2004/2005. Under this project, a security fence will be installed between the existing maintenance facility and the western side of City Hall to secure the parking lot west of the main building. The design of a security fence between the existing maintenance facility and the western side of City Hall will be performed in-house. A scoping meeting was held on November 12, 2001. Research on existing base maps for the proposed area and as-builts for the existing security fence near the maintenance facility is complete. Design and review of the proposed layout is complete. The project is currently on hold waiting for further direction. 8 R:\MonthlyActivityReport\CIP\2003~June.doc .z, 8 g 0 LLI TO: FROM: DATE: MEMORANDUM Bill Hughes, Director of Public Works/City Engineer Brad Buron, Maintenance Superintendent July 3, 2003 SUBJECT: Monthly Activity Report - June, 2003 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of June, 2003: I. SIGNS A. Total signs replaced 50 B. Total signs installed 9 C. Total signs repaired 26 I1. Ill. IV. VI. VII. TREES A. Total trees trimmed for sight distance and street sweeping concerns 2 2~740 58 177 =0- 4~904 28 ASPHALT REPAIRS A. Total square feet of A. C. repairs B. Total Tons CATCH BASINS A. Total catch basins cleaned RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement GRAFFITI REMOVAL A. Total locations B. Total S.F. STENCILING A. 879 New and repainted legends B. - 0 - L.F. of new and repainted red curb and striping R:"MAIN TAIN~M OACT R PT~J U LY 2002- JUNE 2003~JUNE 03,DOC Also, City Maintenance staff responded to 48 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 26 service order requests for the month of May, 2003. The Maintenance Crew has also put in 82 hours of overtime which includes standbytime, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of June, 2003 was $72,224.00 compared to $39~225.00 for the month of May, 2003. Account No. 5402 $ 62,619.00 Account No. 5401 $ 7,405.00 Account No. 999-5402 $ 2,200.00 Ron Parks, Deputy Director of Public Works Ali Moghadam, Senior Engineer (CIP/Traffic) Greg Butler, Senior Engineer (Capital Improvements) Amer Attar, Senior Engineer (Capital Improvements) Jerry Alegria, Senior Engineer (Land Development) R:\MAINTAIN~MOACTRPT~JULY 2002- JUNE 2003~JUNE.03.DOC STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of June, 2003 DATE DESCRIPTION TOTAL COST ACCOUNT STREET/CHANNEL/BRIDGE OF WORK SIZE CONTRACTOR: IMPERIAL PAVING CO., INC. Date: 06/22/03 YNEZ AT PROMENADE MALL AND COLD PLANE 20,466 S.F. OF AC. & REPLACE WITH YNEZ AT RANCHO CALIFORNIA RUBBERIZED A.C. # 5402 ROAD I TOTAL COST I $ 57,299.00 CONTRACTOR: MONTELEONE EXCAVATING Date: 06/26/03 SERVICE LEVEL "R" AREAS GRADED DIRT ROADS # 999-5402 I $ 2,200.00 TOTAL COST CONTRACTOR: BECKER ENGINEERING Date: 06/03/03 CITYWIDE A.C. SAW CUTTING FOR PUBLIC WORKS PATCH TRUCK # 5402 COST I $ 5,320.00 TOTAL Date: 06/03/03 DIAZ ROAD & YNEZ ROAD AT PLACE RIP RAP AND 5 SACK SLURRY IN PREECE CHANNELS # 5401 I $ 7,405.00 TOTAL COST CONTRACTOR: Date: # TOTAL COST Date: # TOTAL COST CONTRACTOR: Date: # TOTAL COST Date: # TOTAL COST TOTAL COST ACCOUNT #5401 $ 7,405.00 TOTAL COST ACCOUNT #5402 $ 62,619.00 TOTAL COST ACCOUNT g99-5402 $ 2,200.00 R:',MAINTAI N'~ OACT R PT~J U Ly 2002- JUNE 2003~IUNE.03,DOC CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL - MONTH OF JUNE 2003 DATE LOCATION WORK COMPLETED 06/02/03 EMP1RE CREEK REMOVED 106 S.F. OF GRAFFITI 06/03/03 41986 ROANOAKE REMOVED 2 S.F. OF GRAFFITI 06/03/03 42062 HUMBER REMOVED 4 S.F. OF GRAFFITI 06/03/03 LA SERENA AT MARGARITA REMOVED 6 S.F. OF GRAFFITI 06/04/03 TARGET CENTER REMOVED 1,530 S.F. OF GRAFFITI 06/06/03 TOWN CENTER AT SOMERSET APARTMENTS REMOVED 30 S.F. OF GRAFFITI 06/06/03 42130 LYNDIE LANE REMOVED 6 S.F. OF GRAFFITI 06/06/03 NORTH GENERAL KEARNEY AT NICHOLAS REMOVED 88 S.F. OF GRAFFITI 06/09/03 FELIX VALDEZ AT 6TM STREET REMOVED 725 S.F. OF GRAFFITI 06/09/03 29740 RANCHO CALIFORNIA ROAD REMOVED 20 S.F, OF GRAFFITI 06/09/03 TARGET CENTER REMOVED 88 S.F. OF GRAFFITi 06/10/03 29740 RANCHO CALIFORNIA ROAD REMOVED 24 S.F. OF GRAFFITI 06/10/03 42145 LYNDIE LANE REMOVED 30 S.F. OF GRAFFITI 06/10/03 NORTH GENERAL KEARNEY AT NICHOLAS REMOVED 223 S.F. OF GRAFFITI 06/10/03 TOWER PLAZA REMOVED 20 S.F. OF GRAFFITI 06/17/03 BUTTERFIELD STAGE ROAD AT WOLF STORE ROAD REMOVED 1,101 S.F. OF GRAFFITI 06/17/03 6TM STREET AT OLD TOWN FRONT STREET REMOVED 6 S,F. OF GRAFFITI 06/18/03 26460 JEFFERSON REMOVED 16 S.F. OF GRAFFITI 06/23/03 TARGET CENTER AT EMPIRE CREEK REMOVED 100 S.F, OF GRAFFITI 06/23/03 27477 YNEZ REMOVED 480 S.F. OFGRAFFITI 06/23/02 TOWER PLAZA AT YNEZ REMOVED 90 S.F. OF GRAFFITI 06/24/03 5TM STREET BETWEEN 6TM STREET REMOVED 24 S.F. OF GRAFFITI 06/24/03 WINCHESTER AT JEFFERSON REMOVED 6 S.F. OF GRAFFITI 06/24/03 TOWER PLAZA AT YNEZ REMOVED 90 S.F. OF GRAFFITI 06/25/03 28550 PUJOL REMOVED 330 S.F. OF GRAFFITI 06/26/03 WINCHESTER AT JEFFERSON REMOVED l 8 S.F. OF GRAFFITI 06/30/03 WINCHESTER AT PROMENADE NORTH REMOVED 8 S.F. OF GRAFFITI 06/30/03 OVERLAND TRAIL REMOVED 30 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED 4,904 TOTAL LOCATIONS 28 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS ! STRIPING MONTH OF JUNE, 2003 DATE LOCATION WORK COMPLETED 06/02/03 AREA #3 REPA1NTED 62 LEGENDS 06/03/03 AREA #3 REPA1NTED 45 LEGENDS 06/04/03 AREAS #3 & #4 REPAINTED 39 LEGENDS 06/09/03 MAJOR ARTERIAL INTERSECTIONS REPAINTED 82 LEGENDS 06/10/03 MAJOR ARTERIAL INTERSECTIONS REPAINTED 58 LEGENDS 06/11/03 MAJOR ARTERIAL INTERSECTIONS REPAINTED 68 LEGENDS 06/12/03 MAJOR ARTERIAL INTERSECTIONS REPAINTED 60 LEGENDS 06/16/03 MAJOR ARTERIAL INTERSECTIONS REPAINTED 37 LEGENDS 06/16/03 OLD TOWN REPAINTED 216 LEGENDS 06/17/03 OLD TOWN REPAINTED 78 LEGENDS 06/18/03 MARGARITA AT AVENIDA BARCA REPAINTED 44 LEGENDS 06/19/03 YNEZ NORTH OF RANCHO CALIFORNIA ROAD REPAINTED 38 LEGENDS 06/24/03 RANCHO VISTA YNEZ TO BUTTERFIELD REPAINTED 32 LEGENDS 06/25/03 RANCHO VISTA AT MEADOWS PARKWAY REPA1NTED 8 LEGENDS 06/30/03 RANCHO VISTA AT MEADOWS PARKWAY REPAINTED 12 LEGENDS TOTAL NEW & REPAINTED LEGENDS 879 NEW & REPAINTED RED CURB & STRIPING L.F. - 0 - CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF JUNE, 2003 DATE LOCATION SCOPE OF WORK S.F. TOTAL TONS 06/02/03 30973 PESCADO R&R A.C. 280 6 06/03/03 30973 PESCADO A.C. CAP 280 4 06/04/03 41764 5TM STREET R&R A.C. 216 5.5 06/05/03 30973 PESCADO R&R A.C. 91 2.5 06/009/03 41964 5'tH STREET R&R A.D. 216 5.5 06/12/03 AVENIDE ESTRADA AT AVENIDA CENTANARIO R & R A.C. 188 5 06/16/03 BUSINESS PART DRIVE/EL LUCERO/DE PORTOLA A.C. OVERLAY 263 3.5 06/18/03 5TM STREET EAST OF MERCEDES R&R A.C. 192 6.5 06/19/03 5TM STREET EAST OF MERCEDES R&R A.C. 144 5 06/24/03 MERCEDES AT 6T~ STREET R&R A.C. 324 6 06/25/03 MERCEDES AT 6TM STREET A.C. CAP 324 3 06/26/03 41868 4'r" STREET R&R A.C. 222 5.5 TOTAL S.F. OF REPAIRS 2~740 TOTAL TONS 58 R :~IAI NTAI NIWKC MPLTDL~.SPH ALT.R pR~02 03~J IJ N E 03 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF JUNE, 2003 DATE LOCATION WORK COMPLETED 06/02/03 CITYWIDE / AREA #1 CLEANED & CHECKED 63 CATCH BASINS 06/03/03 AREA #1 CLEANED & CHECKED l I CATCH BASINS 06/04/03 AREA #1 CLEANED & CHECKE 22 CATCH BASIN~' 06/09/03 CITYWIDE CLEANED &CHECKED 26 CATCH BASINS 06/19/03 OLD TOWN CLEANED & CHECKED 17 CATCH BASINS 06/20/03 OLD TOWN CLEANED & CHECKED 12 CATCH BASINS 06/24/03 AREA #i CLEANED & CHECKED 26 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED 177 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF JUNE, 2003 DATE LOCATION WORK COMPLETED 06/02/03 MARGARITA SOUTN OF RUSTIC GLEN TRIMMED 2 R.O.W. TREES TOTAL R.O.W. TREES TRIMMED 2 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF JUNE, 2003 DATE LOCATION REQUEST DATE WORK RECEIVED COMPLETED 06/02/03 33638 ROSEWOOD COURT DEAD TREE 06/02/03 06/02/03 30065 VILLA ALTURAS TREE TRIMMING 06/02/03 06/03/03 31002 CORTE DE LOS SANTOS TREE TRIMMING 06/03/03 06/03/03 30600 DEL REY GRAFFITI 06/03/03 06/03/03 MARGARITA AT HWY 79 SO. OIL SPILL 06/03/03 06/04/03 30960 CALLE PlClA COLADA SIGN DOWN 06/04/03 06/05/03 44699 CALLE BANUELOS TREE TRIMMING 06/05/03 06/05/03 39885 JEFFERY HEIGHTS YELLOW POST DOWN 06/05/03 06/06/03 43811 BARLETTA STREET TIRE MARK ON MEDIAN 06/06/03 06/09/03 41577 CHENIN BLANC ROOT PRUNING 06/09/03 06/09/03 42075 ROANOAKE DEBRIS PICK-UP 06/09/03 06/09/03 43932 EL LUCERO PLACE A.C. REPAIR 06/09/03 06/10/03 39517 BAINEBRIDGE CIRCLE DIRT IN STREET 06/10/03 06/11/03 PAUBA ROAD AT BUTTERFIELD STAGE ROAD R-1 DOWN 06/11/03 06/12/03 32035 VIA CORDOVA SIDEWALK REPAIR 06/12/03 06/12/03 41847 VIA VASQUEZ DEBRIS PICK-UP 06/12/03 06/12/03 45670 MUIRFIELD DRIVE TREE STAKING 06/12/03 06/13/03 LA PAZ SIGN DOWN 06/13/03 06/13/03 43385 BUSINESS PARK DRIVE SIGN REPAIR 06/13/03 06/16/03 44826 CALLE BANUELOS WEED SPRAYING 06/16/03 06/16/03 32203 CALLE RESACA TREE TRIMMING 06/16/03 06/17/93 RANCHO CALIFONIA ROAD AT DiAZ OIL SPILL 06/17/03 06/17/03 LINALOU RANCH ROAD SLURRY QUESTIONS 06/17/03 06/17/03 OLD COSTCO DEBRIS REMOVAL 06/17/03 06/18/03 30482 SPICA COURT TREE TRIMMING 06/18/03 DATE LOCATION REQUEST DATE WORK RECEIVED COMPLETED 06/18/03 33156 CALLE MIRACOPA DUST CONTROL 06/18/03 06/18/03 32430 PENSADOR STREET WEED CONTROL 06/18/03 06/18/03 30609 SOUTHERN CROSS P.C.C. REPAIR 06/1803 06/20/03 41934 MAIN STREET P.C.C. SPILL 06/20/03 06/20/03 31244 HIAWATHA COURT ROOT PRUNING 06/20/03 06/23/03 GEORGETOWN LANE GRAFFITI 06/23/03 06/23/03 RANCHO CALIFORNIA ROAD AT MORAGA DEBRIS PICK-UP 06/23/03 06/23/03 MARGARITA AT PROMENADE GRAFFITI 06/23/03 06/23/03 39522 JUNE ROAD TREE TRIMMING 06/23/03 06/23/03 33000 SOTELO DRIVE SLURRY QUESTION 06/23/03 06/23/03 33262 CALLE LANGARICA SLURRY QUESTION 06/23/03 06/23/03 MARGARITA RD. N/O RANCHO CALIFORNIA ROAD STREET SINKING 06/23/03 06/25/03 33047 HARMONY LANE DEBRIS CLEAN-UP 06/25/03 06/25/03 30205 VILLA ALTURAS DEAD TREE 06/25/03 06/25/03 44682 LABETA CIRCLE SLURRY QUESTIONS 06/25/03 06/25/03 44740 CUPA LANE SLURRY QUESTION 06/25/03 06/25/03 28129 JEFFERSON P.C.C. REPAIR 06/25/03 06/25/03 30540 AVENIDA BUENA SUERTE STANDING WATER 06/25/03 06/26/03 RANCHO CALIF. ROAD W/O BUSINESS PARK DRIVE PLATE SHIFTED 06/26/03 06/26/03 45373 SILVERADO LANE CRACKS IN STREET 06/26/03 06/27/03 32935 LEVI COURT SLURRY CONCERN 06/27/03 06/27/03 JEFFERSON AT TONY ROMA'S RAISED SIDEWALK 06/27/03 06/27/03 41676 AVENIDA DE LA REINA TREE DYING 06/27/03 TOTAL SERVICE ORDER REQUESTS 48 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF JUNE, 2003 DATE LOCATION WORK COMPLETED 06/02/03 RANCHO CALIFORNIA ROAD AT YUKON REPLACED R-1 06/02/03 LA SERENA AT MEADOWS REPLACED 3 DELINEATORS 06/02/03 RANCHO CALIFORNIA ROAD AT TOWER PLAZA REPLACED I DELINEATOR 06/02/03 PAUBA WEST OF VIA RAMA REPLACED W-5 06/02/03 YNEZ N/O SANTIAGO REPLACED R-26-81 COMBO 06/02/03 RANCHO CALIFORNIA ROAD AT MORAGA REPLACED R-2-40 06/02/03 MARGARITA AT WINCHESTER REPLACED 4 DELINEATORS 06/02/03 CITYWIDE REPAIRED 8 SIGNS 06/03/03 LA SERENA AT VIA HALCON REPLACED "END SCHOOL ZONE" 06/03/03 YNEZ AT RANCHO VISTA REPLACED R-81, R-81-A, R-96, R-18-1 06/03/03 SANTIAGO AT MARGARITA REPLACED 2 "N" MARKERS 06/03/03 JOHN WARNER AT YNEZ REPLACED W-17 06/03/03 YNEZ AT VALLE JO REPLACED R-26-81 COMBO 06/03/03 CITYW1DE REPAIRED 7 SIGNS 06/04/03 MARGARITA AT MORAGA REPLACED W-56, "N" MARKER 06/04/03 MARGARITA AT WINCHESTER REPLACED W-81 06/04/03 WALCOTT AT CALLE GIRASOL REPLACED W-3, W-15 M.P.H. 06/04/03 JOHN WARNER AT DE PORTOLA REPLACED W-17 06/04/03 SANTIAGO AT QUIET MEADOW REPLACED W-41 05/04/03 CITYWIDE REPAIRED 5 SIGNS 06/05/03 WALCOTT INSTALLED 2 R-2 "30" 06/05/03 OVERLAND AT YNEZ INSTALLED R-61 R:\M Al NTAIN\WKCMPLTD~,SIGNS\02.03~IUN E 03 DATE LOCATION I WORK COMPLETED 06/06/03 CALLE PIlqA COLADA REPLACED R-1, S.N.S. 06/06/03 42220 6wu STREET REPLACED 2 "N" MARKERS 06/11/03 LA SERENA AT MEADOWS REPLACED 3 DELINEATORS 06/11/03 MARGARITA ROAD AT LOWES REPLACED I DELINEATOR 06/11/03 CITYWIDE REPAIRED 6 SIGNS 06/12/03 BUSINESS PARK AT RANCO WAY REPLACED R-l, S.N.S. 06/13/03 LA PAZ REPLACED R2-35 06/18/03 SOLANA AT DEL REY REPLACED R2-35 06/19/03 BUTTERFIELD STAGE ROAD AT HWY 79 SO. REPLACED DELINEATOR 06/23/03 SANTIAGO ROAD WEST OF YNEZ REPLACED 2 R-2 35 06/23/03 HWY 79 SO. AT COUNTRY GLEN REPLACED Wq7 06/24/03 MARGARITA AT PIO PICO REPLACED R-7 06/24/03 BUTTERFIELD STAGE ROAD AT NIGHTHAWK REPLACED S.N.S. 06/26/03 DIAZ AT VIA MONTEZUMA REPLACED R-44, TYPE K 06/26/03 WINCHESTER AT JEFFERSON REPLACED PARKING ORDINANCE SIGN 06/30/03 NORTH GENERAL KEARNEY INSTALLED 6 R.P.M.'S 06/30/03 SANTIAGO AT VIA ALCORISA REPLACED R-1 TOTAL SIGNS REPLACED 50 TOTAL SIGNS INSTALLED 9 TOTAL SIGNS REPAIRED 26 APPROVAL CITY ATTORNEY~ DIRECTOR OF FIN,'~NCE_~,e._~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Anthony J. Elmo, Director of Building & Safe~ July 22, 2003 Departmental Report June 2003 PREPARED BY: Carol Brockmeier, Administrative Secretary TOTAL NUMBER OF PERMITS ISSUED ...................................................... 401 NSFR ...................................................................................... 145 NCOM ............ . ......................... 8 TOTAL VALUATION ..................................................................................... $30,528,688 TOTAL NUMBER OF INSPECTIONS PERFORMED .............................................. 4,016 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CItY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Debbie Ubnoske, Director of Planning July 22, 2003 Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department in the month of June 2003. CURRENT PLANNING ACTIVITIES New Cases The Division received 5._~7 new applications for administrative, other minor cases, and home occupations and 4 applications for public hearings during the month of June. The new public hearing cases are as follows: CUP (Conditional Use Permit) 1 TTMC (Tentative Tract Map Commercial) 1 PM (Parcel Map-Residential) 1 PM (Parcel Map Commercial) 1 Status of Maior Projects Recently Approved Projects ABC Pre-School Facility-A Development Plan proposal to establish a two-story 21,849 square foot day care/pre-school facility on a 1.9 acre site. The property is located at the northwest corner of Village Road and Landings Road in the Harveston Specific Plan area. A DRC meeting was conducted on April 3, 2003. The application was approved bythe Planning Commission on June 18th. O'Hem Wall Industrial Building - A Development Plan to construct a 18,810 square foot industrial building on 1.28 acres, located at 42108 Roick Drive. This project was approved by Planning Commission on July 2, 2003. · Carlyle Homes at Crowne Hill - A Development Plan application by Lennar Homes. This application is the Product Review for 100 detached single-family residential homes and it wil~ RNvlONTHLY. RPT~2003~June 2003 Report.doc 1 offer three different floor plans with three different architectural designs. The homes will be located in the central portion of the Crowne Hill Subdivision, Tract 23143-8, east of Buttertield Stage Road south of Pauba Road. This project was approved at Director's Hearing on May 15, 2003. Big Lots - A Development Plan proposal to build a 28,100 square foot retail store on the vacant lot adjacent to Michael's in the Tower Plaza shopping center. STDR Architects of Costa Mesa submitted the application on February 27, 2003. The Planning Commission approved this project on June 4, 2003. Power Center II - A Development Plan request to develop an 8.8 acre commercial site for multiple building pads (under separate reviews) to build retail and restaurants buildings totaling 49,072 square feet, located on the northwest corner of North General Kearny Road and Margarita Road within the Temecula Regional Center. Jack Tarr, with Diversified Investment Co., submitted this project on November 7, 2002. A DRC meeting was held for this and all related projects on December 12, 2002. This project was approved by the Planning Commission on June 4, 2003, along with other related projects: O O Krispy Kreme - A Development Plan request for a 4,025 square foot donut shop/restaurant with drive-thru. Islands Restaurant - A Development Plan request for a 5,293 square foot restaurant. Vince's Spaghetti Express - An Administrative Development Plan proposal to remodel an existing drive-thru restaurant (Taco Bell) for use as an Italian casual dining restaurant with drive- thru take out located at 28145 Jefferson Street. Staff administratively approved this project June 11,2003. Astoria Homes at Crowne Hill - A Development Plan application by Greystone Homes. This application is the Product Review for 111 detached single-family residential homes that will offer three different floor plans and three architectural designs. The homes will be located in the northeast end of Crowne Hill Subdivision, Tracts 23143-10 -11 & -Final, east of Butterfield Stage Road south of Pauba Road, east and west of Crowne Hill Drive. This project was approved at Director's Hearing on May 22, 2003. Stratford Homes at Crowne Hill - A Development Plan application by US Home Corporation. This application is the Product Review for 114 detached single-family residential homes that will offer three different floor plans in three architectural designs. The homes will be located in the northeast end of Crowne Hill Subdivision, Tracts 23143-1 & a portion of 23143 -11, northeast corner of Butterfield Stage Road and Royal Crest Place and the southeast corner of Butterfield Stage Road and Pauba Road west of Crowne Hill Drive. This project was approved at the June 12, 2003 Director's Hearing. Projects Under Review Commercial Paseo del Sol Pad "C" is an Administrative Development Plan to construct a 7,368 square foot commercial building on Pad "C" within the existing, 11.98 acres, Villages @ Paseo del Sol shopping center on the north side of Highway 79 South. Jim Grant, of Del Sol Investments, submitted the application on June11,2003. A Pre-DRC meeting was held on July 1,2003 and a comment letter was sent July 3, 2003. Staff awaits a response from the applicant. R:~vlONTHLY.RP'F~.003',June 2003 Report.doc 2 Chumh of Jesus Christ of Later Day Saints - A Conditional Use Permit/Development Plan to construct, and operate a 24,119 square foot single story church located on the north side of Pauba Road, approximately 170 linear feet west of the centerline of Corte Villoso. A DRC was held on February 13, 2003. A Community Meeting was subsequently held in the Council Chambers, on Mamh 17, 2003. Staff noted a number of concerns, which were voiced by the neighbors, which were then summarily sent to each attendee. Staff met with the project architect to discuss site design issues. A second community meeting will be scheduled upon submittal of revised site plan. Baily's Front Street- A Conditional Use Permit/Development Plan to establish a dining establishment and to construct a 9,234 square foot building on .35 acres tocated on the west side of Old Town Front Street and north of First Street; Wait Allen submitted this project on June 5, 2003. A DRC meeting was held on July7, 2003. Staff is awaiting a resubmittal by the applicant. Margarita Canyon - A request for the first extension of time for Tentative Pamel Map No. 28627 located west of Interstate 15 and south of Old Town Front Street, submitted by Margarita Canyon, LLC. The application was submitted on February21,2003. The item was scheduled for a DRC meeting on April 24, 2003. The project is scheduled for a July 24, 2003,Director's Hearing meeting. Monkey Feet - A Minor Conditional Use Permit proposal to establish a computer network service and Internet access facility. The site is located at 27911 Jefferson Avenue, Suite 103. A second request for information and revisions was sent to the applicant June 10, 2003. No change in status. Staff is waiting for the requested information. Overland Self Storage Facility - Conditional Use Permit to construct a 124,496 square foot, one story, self-storage mini warehousing facility on a two lot, 3.65-acres site, located south of Overland Drive and east of Commerce Center Drive. Future phase to include construction of a one-story 3,000 square foot office and caretaker's dwelling unit located at front of site. The applicant/owner has revised the architectural elevation plans for staff review. Revised plans have been re-submitted and staff has continued to note discrepancies. A meeting between Staff and the applicant is scheduled for the week of July 15, 2003. Redhawk Car Wash - A Conditional Use Permit proposal to build a self-service car wash located approximately 500 feet west of Redhawk Parkway on the south side of Via Rio Temecula. A DRC was held April 15, 2003. A letter was sent on April 16, 2003, with requirements for a redesign. The applicant has resubmitted plans on June 11,2003, however staff determined the project still requires additional information. A second letter was sent to the applicant on July 1, 2003 requesting a resubmittal. St. Catherine's expansion - A Conditional Use Permit and Development Plan to establish an educational/community meeting room, and construct a 2,301 square foot office addition and a 10,902 square foot classroom building on an 8.43-acre site located at 41875 C Street. A DRC meeting was held on April 24, 2003. A DRC letter was mailed out on April 25, 2003. The applicant resubmitted on June 17, 2003, and conditions of approval are due July 10, 2003. Staff will be requesting final exhibits in order to schedule the item for Planning Commission. Tentative Pamel Map 30849 - A request to subdivide 2.61 gross acres of commemially zoned property into 2 lots. The project was deemed incomplete on November 8, 2002. Revised plans were resubmitted on December 18, 2002. The applicant has been advised by Public Works that R:\MONTHLY.RPT~003~June 2003 Report.doc 3 a parcel map with a waiver of the final map is highly recommended. However, the applicant has not yet decided. The applicant's engineer was contacted the first week in July. He continues to confer with property owner Jefferson Avenue Inn - A revised Development Plan to construct, establish and operate a 3- story, 56-unit hotel complex totaling 31,600 square feet on a 1.35 acre site. The site is located approximately 200 feet east of Jefferson Avenue and 200 feet north of Winchester Road. A DRC meeting was held on May 22, 2003. The applicant submitted revised plans on June 30th 2003. Affected Departments are reviewing plans. Winchester Pavilion - A Development Plan to construct, operate and establish a 15,156 square foot commercial building on 1.15 acres, located at 41720 Winchester Road, west of Enterprise Circle South, east of Enterprise Circle West and south of Winchester Road. The project was submitted on March 27, 2003. A DRC meeting was held on May 15, 2003 and plans will need revisions. A DRC letter was mailed to the applicant on May 15, 2003. As of July 8, 2003, the applicant has not resubmitted. Rancho Pueblo Professional Center - A Development Plan to design and construct a mixed-use professional center with 6 buildings for medical office, restaurant, and other uses with a total of 110,197 square feet of floor area, on 14.5 acres. The project is located on the north side of Highway 79 South, east of Avenida de Missiones, and the future Rancho Pueblo Road. Malkoff & Associates, of Villa Park, submitted the application on April 25, 2003. A DRC meeting was held on June 5, 2003. The proposal did not meet the development criteria for PDO-6 and is undergoing revisions by the applicant. Revised plans were received June 23, 2003 A DRC meeting is scheduled July 17, 2003 Bridgeport Map - A request to divide 14.48 acres into an 8 lot commercial subdivision, located on the north side of SR79 South east of Avenida de Missiones (east of the Rancho Community Church project). Mr. Orley Weaver, with Bridgeport Builders, submitted this project on September 16, 2002. The project was deemed incomplete and inconsistent with the General Plan's requirement for this property to develop as a unified site. This project was on hold while the applicant worked with several commercial users to submit a comprehensive development plan for the entire site. A revised map was submitted June 26, 2003 and will proceed with the Rancho Pueblo Professional Center. Temecula Super Storage - A Conditional Use Permit to design, construct, and operate a mini- storage facility consisting of a single-story, 1,307 square foot office, three 1 -story buildings, and two 2-story buildings for a total of 109,177 square feet, on 3.9 acres. The project will be located on the north side of Highway 79 South, east of Avenida de Missiones, on the north side of the future Rancho Pueblo Road. Jordan Architects, of San Clemente, submitted the application for Bridgeport Builders, of Costa Mesa, on April 25, 2003. A DRC meeting was held June 5, 2003. Revised Plans were submitted June 23, 2003 and a DRC meeting is scheduled for July 17, 2003. Ridge Park Office Center - A Development Plan to construct, establish and operate three professional office buildings totaling 56,000 square feet. The subject site is located on the east side of Ridge Park Drive, south of Rancho California Road. A DRC meeting was held on June 19, 2003. Staff is preparing an Initial Study and awaiting revised plans. RNvlONTHLY. RPT~2003'~.Iune 2003 Report.doc 4 Industrial Roick/Regency Industrial Building is a Development Plan to construct an industrial building with four suites totaling 12,407 square foot on 1.87 acres on southwest corner of Roick Drive and Winchester Road. James E. Horeca, submitted the application for Regency, Inc, on July 1, 2003. A Pre-DRC meeting is scheduled for July 22, 2003. Remington Business Center - A Development Plan to design and construct a light industrial complex consisting of 11 buildings, built in two phases, totaling 127,162 square feet, on 8.9 acres. The project is located on the south side of Remington Avenue between Winchester and Diaz Roads in the Westside Business Center. Smith Consulting Architect, of San Diego, submitted the application on April 22, 2003. A DRC meeting was held June 11,2003. Staff is preparing an Initial Study. Revised plans were received June 30, 2003. Sigma Industrial Complex - A Development Plan to construct 6 detached industrial buildings totaling approximately 83,000 square feet on 5 acres located on the north side of Zevo Drive, submitted December 23, 2002. A DRC was held on January 23, 2003. Revised plans were submitted on March 11,2003 and there are still outstanding design concerns. Staff took the project to Planning Commission on July 2, 2003 with a recommendation of continuance for redesign. Planning Commission concurred with staff that the project requires additional enhancements. Staff has since been working with the applicant to enhance the architecture. The Planning Commission continued this item to August 6, 2003. Zevo Drive Condos - A Development Plan to construct 2 industrial condominium facilities totaling approximately 91,337 square feet on 3.5 acres located on the north side of Zevo Drive. The project is scheduled for the July 16, 2003 Planning Commission with a recommendation for approval. · Mixed Use Lago Bellagio - A Development Plan and Vesting Parcel Map to construct a 396-unit senior retirement facility building totaling 477,020 square feet, an 110,121 square foot office building and a 19,357 square foot clubhouse on 22.62 acres, located at the corner of Pechanga Parkway and Loma Linda. A DRC meeting was held on May 22, 2003. A DRC letter was mailed out on May 27, 2003. As of July 8, 2003, the applicant has not resubmitted plans for review. Staff will send out a 30-day letter requesting exhibits. Linfield Christian School Master Plan - Submitted by Linfield Christian School; a Conditional Use Permit and a Planned Development Overlay proposal to expand the existing facility with 154,397 square feet of additional classroom and accessory structures and a proposed 37,500 square feet of housing for a superintendent, caretaker and facility. This project is located on the north side of Pauba Road west of Margarita Road (behind Temecula Valley High School). A DRC was held December 12, 2002, and a letter was sent out with staff comments. The applicant revised the documents on February 21, 2003. Planning Commission recommended City Council approve project on May 21,2003. The applicant requested this item be continued from the July 3, 2003 to the August 26, 2003 City Council meeting. Villages of Old Town - Staff has been meeting with the applicant regarding the new proposal, however, no formal submittal has been received. The applicant will be proposing a Memorandum of Understanding (MOU) that will be brought forward to City Council after it has been reviewed by staff. R:ffvlONTHLY.RPT~2003~June 2003 Report.doc 5 Residential Griffin Communities at Roripaugh Ranch - A Development Plan Application by Griffin Communities. Apptication for Product Review and 100 detached single family residences, which will offer four floor plans in four architectural designs. The houses are located in Planning Area 4A along Murrieta Hot Springs Rd. Tract 29661-4. The project was submitted June 24, 2003. Staff is formulating its recommendation and will present to the applicant. An application for a Tentative Tract Map 30990, a request to subdivide 3 existing lots totaling 40,349 square feet into 6 single-family lots, located on the west side of Pujol Street and north of First Street. The application was submitted on May 21, 2003 and a Pre-DRC meeting was scheduled for June 10, 2003 A DRC meeting was held on July 10, 2003. Staff is awaiting a resubmittal from the applicant. Ham Residence - A request for a Certificate of Compliance for the southern portion of lot 7 of TM 8211 located on Santiago Road east of Ynez Road, submitted by Tracy Ham. The application was submitted on February 12, 2003. A Development Review Committee was held March 13, 2003. A second DRC meeting was held on April 13, 2003. Staff is awaiting revised exhibits for the project. Staff will send out a 30-day letter requesting revised exhibits. Harveston Tentative Tract Map No. 31267 - Residential Tract Map application to subdivide 5.6 acres into 62 single-family residential lots, 3 private driveway lots and 8 open space lots. The site is located on the south side of Harveston Drive east of Lake View Road. The application was submitted on April 23, 2003. A DRC meeting was held May 22, 2003. A letter was mailed out to the applicant on June 23, 2003, requesting revised exhibits. Naren Pacific Tentative Tract Map 30434 - A proposal for zone change from L-1 to L-2 on 31.93 Acres and Tentative Tract Map to subdivide into 30 residential lots and 4 open space lots in the Chaparral area. The applicant has provided all materials, but is now proposing a PDO for the project. The map has been routed for comments. Quiet Meadows - A proposal to subdivide 4.57 acres into 7 residential lots with one open space lot; and a proposal to change the zoning designation from L-1 to L-2. This project was submitted on July 11, 2002. The project was deemed incomplete on August 9, 2002 and December 4, 2002. Revised plans were submitted on February 3, 2003 and routed to all departments for conditions of approval. An Environmental Assessment has been completed. Based on the EA, no significant impacts have been identified. The Planning Commission recommended the project, for denial on May 7, 2003. The project is scheduled for the August 12th City Council meeting. Miscellaneous AT&T Wireless - A Conditional Use Permit/Development Plan to construct, operate and establish an unmanned wireless communication facility consisting of a 60'-0" mono-pine and a 8'x12' equipment area, located at the Rancho California Water District Water Reservoir Complex, east of Meadow Parkway. The project was submitted on June 21,2002. Although the project was deemed complete on July 19, 2002, the applicant was advised that staff could not support the proposal. Additionally, since the project was submitted, staff has received numerous phone calls, letters and petitions in opposition to the project from the adjacent homeowners. Staff has been meeting with the applicant to resolve design issues; however, the applicant has not resubmitted plans. A letter was sent to the applicant on July 8, 2003 requesting an update R:',JvlONTHLY.RP'['~2003~June 2003 Report.doc 6 from the applicant. The applicant has responded and is working on a resubmittal by August 8, 2003 Cingular Wireless - A Conditional Use Permit to construct, operate, establish and maintain a wireless telecommunications facility with 3 antennas housed within the bulb portion of the proposed 55-foot artificial mono-palm tree located at 31575 Enfield Lane, east of Riverton Lane and north of Humboldt Court. The project was deemed incomplete in February 5, 2003. An Environmental Assessment is required per CEQA. Staff has requested additional studies in order to complete the assessment. Aisc, the applicant has provided staff with photographs of existing mono-palms and additional items. Staff is preparing an Initial Study and will send a letter to the applicant requesting design revisions. Grace Presbyterian Church - A Conditional Use Permit to construct a church facility in two phases. The site is located at the southwest corner of Calle Medusa and Nicholas Road. The Planning Commission recommended approval of this project on June 18th. The project is scheduled for July 22, 2003 City Council. Landwerx/PC Gaming Arcade - A Minor Conditional Use Permit submitted by Landwerx/PC Gaming to operate an internet/arcade caf~ for entertainment of customers between the ages of 15-25 years of age. The arcade will be operated out of a business suite in a commercial center located at 27309 Jefferson Avenue, Suite 104. The Police Department is preparing COA to assess the proposal's hours of operation. Staff has provided the applicant with a list of the Police Department's COA regarding hours of operation, and is awaiting word from the applicant. The project will be scheduled for Planning Commission on August 6, 2003. Meadowview Golf Course - Conditional Use Permit and Development Plan to design and construct a public golf course and driving range within the Meadowview Community. The Focused EIR requires modification. The applicant has retained a new environmental consultant to complete the modifications. It is anticipated that the EIR will be distributed in August 2003. Roripaugh Ranch Private Recreation Facility - Located in planning area 5 of the Rodpaugh Specific Plan, this recreation center includes an 8,000 square foot building, pool, spa, tennis courts and other noted facilities was submitted on February 13, 2003. A resubmittal meeting is scheduled for July 15, 2003. Staff expects and administrative approval by early August. Verizon Mono-Palm Wireless Antenna - A Conditional Use Permit to construct, operate, establish and maintain a wireless telecommunications facility with 3 antennas housed within the palm fronds of the proposed 40-foot artificial palm tree. The site is located on the east side of Margarita Road just north of the Santa Gertrudis Creek Channel north of Winchester Road on the Rancho California Water District's well site. The applicant is working with staff on a new location. Wireless Telecommunication - A Conditional Use Permit for a 60 foot high monopine within the Rancho California Water District Headquarters facility. Staff has informed the applicant that the proposed monopine is not an acceptable design for the area. The applicant indicated that an alternative design such as installation of the parking lot lights will be submitted. However, no resubmittal has been received and a letter will be sent to the applicant the week of July 14, 2003 to obtain a status on the project. Verizon has changed their consultant for the third time, which has resulted in significant delays on the project. R:~IONTHLY.RPT~?.003'tJune 2003 Repor[.doc 7 Verizon Wireless TelecommunicationFacility - A Minor Conditional Use Permit to co-locate three sector antennas on an existing 57 foot high monopine and the installation of four equipment cabinets, located at 41520 Margarita Road (954-020-005); submitted by ^T&T Wireless. The project was deemed incomplete on May 7, 2002. A DRC meeting was held on May 23, 2002, and staff is awaiting re-submittal by applicant. As of July 8, 2003, staff has not received any new plans from the applicant. Staff will be sending a letter to the applicant closing out the file. Verizon has changed their consultant for the third time, which has resulted in significant delays in the project. Small Business Assistance The Barn Building (Formally Lighthouse Thrift): Staff aided the new owner of this building in obtaining a building permit for a new fa(;:ade treatment. An application for the funding of this project through the Fa(;ade Improvement Program has been submitted to the Redevelopment Department. This project is currently under construction with an estimated completion date of August 1,2003. Mad Madeline's: The sign contractor working with the owners of this Old Town restaurant advised staff that new exterior paint colors and sign designs will be submitted to the Old Town Local Review Board for review at their August meeting. Staff is waiting for revised elevations from the sign contractor. The Sagebrush Center: The sign program for this commemial complex has been delayed due to the addition of new tenants. Preliminary designs are currently under development and will be submitted for review by staff in August. The Firehouse Building: Preliminary paint and sign designs are being completed for this historical Old Town building. The sign contractor working on this project plans to submit a planning application for this project in August. La Tacqueria: Staff is working with the owners of this Old Town business on a revised plan for an exterior facade improvement that includes new awnings, paint and signs. A proposal from the contractor is to be submitted to the Old Town Local Review Board in August. Temecula Olive Oil Company: With the assistance of staff, new sign designs are being developed for this business that relocated in the Old Town Tourist Retail Core area. The sign contractor is working on new elevations that will be submitted to staff in August. Special Event Permits Boys and Girls Club: Staff has continued to help this applicant secure permission from the landowner, the Temecula Town Association TTA, and process a Temporary, Use Permit for a commercial coach to be used as an interim office at this Pujol Street location. The TTA us currently reviewing the application and staff expects to complete this project in July. · Street Painting Festival: This event, organized by the City of Temecula Redevelopment Department, took place in Old Town Temecula on June 21 and 22, 2003. · Temecula On Stage: Staff is working with the Theatre Foundation to help organize this event that will take place on August 30, 2003 in Old Town Temecula. R:~MONTHLY. RPT~2.003~June 2003 Report.doc 8 Special Proiects & Lon,q Ranqe Planning Activities The Division also commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities are as follows: Comprehensive General Plan Update - All the draft elements have been revised except the Circulation Element. The following amendment requests have been received; they will be addressed in more detail when the updated General Plan is considered. o A request to reduce the size of Via Industrial (Western Bypass Corridor) north of Avenida Alvarado has been submitted and has been on hold pending the approval of a revised Cimulation Element. o South Margarita Road adjacent to the Santa Gertrudis channel, across the channel from Chaparral High School. The property owner is requesting a change from Public Institutional to Professional Office. o The southeast corner of Via Lobo and Nicolas Road, and properties along the northeast edge of Meadowview. The property owner is requesting a change from Very Low Density Residential to a combination of Low Medium Density Residential and Open Space. o The southeast corner of Margarita Road and Solana Way. The property owner is requesting a change from Medium Residential to Professional Office. · Hillside Development Policy - The policies are being examined for integration into the draft- grading ordinance. This item is on hold pending additional staff resources. John Warner Road Assessment District - Assisting Public Works with formation of an Assessment District for road, sewer and storm drain improvements. Storm drain plans have been submitted to planning for review. A negative declaration was prepared and circulated from May 22, 2003 through June 10, 2003. This concludes Planning's involvement with this project. Procedures to Implement CEQA - Staff initiated project to develop local guidelines and procedure manual for processing CEQA documents, including the adoption of local exemptions. The process will also conform to the new 2003 CEQA Guidelines, and will create new templates for standard CEQA forms. Surface Mining Ordinance - The staff and City Attorney had been making final changes based upon feedback from the State prior to submitting this item to the Council for their consideration. This item is on hold pending additional staff resources. Traditional Neighborhood Development Ordinance - Final changes are being made prior to scheduling this item for a Planning Commission workshop. This item is on hold pending additional staff resources. Updating of the Old Town Specific Plan - Staff has worked with the Old Town Local Review Board and prepared a list of changes and enhancements to the plan. These proposed changes are currently being organized into an updated SP document and will be presented to the Local Review Board at a special meeting in August.. R:'d,,4ONTHLY.RP'i'~003~une 2003 Report.doc 9 · Staff has developed a draft ordinance to codify use restrictions and supplemental standards for "Cyber Cafes." This item has not yet been scheduled for public hearing. · City- Project environmental reviews and permitting: o Overland Drive Extension - Staff reviewed 2nd submittal of the draft initial study / Mitigated Negative Declaration and has provided comments to Public Works. No resubmittal to date. o Old Town Southern Gateway Landscaping Project - Request from Public Works for Environmental Determination for this project. Previously prepared Negative Declaration may need to be modified because the project description has changed. Revised project description has not been submitted to Planning. o Paloma del Sol Supplemental EIR and Specific Plan Amendment 8.1. This project is on hold pending the Applicant's Submittal. o Temecula Education Complex -. The applicant has revised the Initial Study which recommends that a focused EIR be prepared. The Notice of Preparation has been issued o Winchester Road Widening Project - Request from Public Works for Environmental Determination to widen Winchester Road west of Jefferson. Staff is examining the impact of removing landscaping along both sides of Winchester Road between Jefferson and Enterprise Circle. Staff has received additional information from Public Works and has completed an Initial Study. o Vail Ranch Elementary School Basketball Court Lighting Project- Staff has completed the Negative Declaration for this project and is preparing appropriate NEPA documents. City Council meeting is scheduled for August 12, 2003. o Update of the Citywide Design Guidelines - The City Council awarded the contract on May 13, 2003. Staff and the Planning Commissions subcommittee & met on July 7, with city consultant. After some preliminary work on the Design Guidelines a Planning Commission workshop will be scheduled on September 3, 2003. General Plan Amendments Overland Self-Storage Facility - A proposal for a General Plan Amendment and a change of zone, changing the designation and zoning from Service Commercial (SC) to Light Industrial. The applications were submitted on February 11,2003. This proposal is in conjunction with a Conditional Use Permit/Development Plan for an RV Storage facility known as (PA01-0605). A meeting will be held on the week of June 16, 2003, to discuss the proposal. PA02-0260 Valley Christian Fellowship -The Community Advisory Community has reviewed the General Plan issues in the surrounding areas. Their recommendation was forwarded to City Council on June 24, 2003. The City Council directed staff to prepare a city initiated General Plan Amendment and Zone Change and a forwarded a recommendation to the Planning Commission. Geoqraphic Information System (GIS) Activities · Staff has been providing analysis support for the initial preparations of the Redhawk annexation proposal. · Staff made its weekly updates to the database and maps for the City's Megan's Law link on the web page. R:~VlONTHLY. RPT~2003~Iune 2003 Report.doc 10 Finance and GIS Staff have been working with the Southwest County Economic Development Alliance to standardize business license data within the GIS to provide more detailed information for perspective clients. Staff received GIS training at ESRI in Redlands. Recent mapping products and data requests include: o Completed a number of public requests for aerial and topography maps for various areas throughout the City. o Prepared an aerial map of the Duck Pond for Community Services. o Created an aerial map of Tract 30289 for Public Works. o Provided parcel owner data along Pechanga Parkway to Community Services. o Prepared an aerial contour map of the Kimberlie Lane area for Public Works. o Created a series of maps of the proposed Redhawk annexation area for Planning and the City Manager's Office. o Prepared maps with buffer zones of the Roripaugh Ranch area for Fire. o Prepared a series of topographic and aerial maps of the open space areas around the Roripaugh Ranch/Johnson Ranch areas for Community Services. o Prepared a map and provided data regarding property owner information for properties along Jedediah Smith Road for Fire. o Created a map identifying all residential areas within the Redevelopment Area for Redevelopment. o Created a map indicating the proposed trail undercrossing at Margarita and Winchester for Community Services. o Prepared a vicinity map for an affirmed housing project for Community Services. o Provided a map showing parcels with commercial and industrial land uses of 5 acres or larger for Economic Development. o Provided a list of all vacant commercial properties and their acreages as a public records request. o Updated the vacant commercial properties map. o Conducted data analysis and provided a map to Planning identifying the Chaparral area within the Nicolas Valley area. o Prepared a map identifying Native American properties for the City Manager's Office. o Prepared a series of maps for the 4th of July Parade for Community Services and Information Systems. o Created a map inventorying all interconnect/infrastructure within the City for Information Systems. o Prepared a traffic congestion map for Public Works. o Prepared various vicinity, zoning, and General Plan land use maps for Planning Commission/City Council staff report exhibits. R:\MONTHLY.RP'r,2.003~une 2003 Report.doc o Various aerial vicinity maps for Planning, Redevelopment, Community Services and Public Works. o Prepared mailing labels for various Planning projects. On a continuous basis staff conducts updates and maintenance on the City's GIS database and layers. R:~MONTHLY.RPT~2003~une 2003 ReporLdoc 12 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY ~ DIRECTOR OF FINANCE [~1~,.~ CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT City Manager/City Council Jim O'Grady, Assistant City Manager July 22, 2003 Economic Development Monthly Departmental Report Prepared by: Gloria Wolnick, Marketing Coordinator The following are the recent highlights for the Economic Development Department for the month of June 2003. ECONOMIC DEVELOPMENT Leads & Inquiries In the month of June, the City received 3 leads and I inquiry, which included Marriott International, Ultra Motorcycle Company and the San Diego Gauchos Soccer League. Michelle Skilden of the Small Business Development Center contacted staff on behalf of a client who was interested in developing a 6,500 square foot restaurant. On June 2nd, a representative from the City, Economic Alliance and Chamber of Commerce made a presentation to KTM employees in El Cajon. The presentation was given to approximately 25 employees including the President of the company that are considering relocating to Temecula. The majodty of the employees were young in the age group 21 - 30 and mostly male. An overview of the Temecula area, Southwest Riverside County and its amenities, housing programs and housing options in the Temecula Valley and airports were covered. The employees watched a video on Temecula. Per their request, staff sends local newspapers for information on apartment/housing rentals. In the months of May and June, the Southwest Riverside County Alliance responded to 8 leads. Five leads were direct contacts to the Alliance via phone or web site response and three were as a result of the article in Expansion Management magazine. Attached is a copy of their activity report. Business Retention Visits As part of the EDCSWRC's Business Relations Committee, staff attended several site visits in June. Harry Shank of Southwest Community Bank and EDC and City staff met with Renae Rock at Taylor Frager Construction Company. They provide pre-construction consulting, general contracting, design and construction management services. Their Temecula office was open 3 % years ago with six employees. Area growth and business opportunities brought them to Temecula. Alva Diaz and City staff met with Perry Massie and Mark Corcoran at The Outdoor Channel, which is an independent TV channel with an emphasis on outdoor programming. They had a concern with traffic in the area and staff responded to their concerns. Media/Outreach Materials Staff wrote the City article for the July Chamber of Commerce Newsletter titled, "Exciting Summer Entertainment Planned For Temecula." The article provides information on the summer activities that the Community Services Department and Redevelopment Agency puts on or events that the City sponsors. In the month of June, staff worked with a photographer and graphic designer on the updated Temecula Business Brochure. The photo shoots were delayed in June due to the poor weather conditions. Meetings Staff met with Bob Baruti and Ron Bradley on June 2nd regarding Giant RV. On June 2nd, staff attended a presentation of proposed ideas for the 30-bed cardiac care hospital. On June 2"d, staff attended the Temecula Partners In Education Committee Meeting at the Temecula Valley Unified School District. A Legislative Summit will occur in the fall. The EDC and Chamber are working on assembling a panel and topics for the Summit. The District updated the committee on the results of the student survey. From the 4211 respondents, the survey indicated that there was a need for the committee to focus on developing an internship program in the community. A subcommittee was formed to discuss options on what types of industrial technology classes the community would like to see at the new high school. Mayor Pro Tem Naggar, Councilmember Pratt and staff attended the Economic Outlook Conference presented by the Temecula Chamber. The event was held on June 5th at Temecula Creek Inn. Dr. John Husing's presentation included statistical and demographic information specific to the Temecula Valley. Dr. Husing's power point presentation can be found on the city's website. Staff attended the Murriete Temecula Group Meeting on June 6th at Callaway Winery. Mr. Bob Buster, Riverside County Supervisor, was the guest speaker who spoke on various county issues including the RClP, SR91 and distdct boundaries. Staff attended the EDCSWRC Business Relations Committee Meeting on June 5th. Stan Harter, the new committee chair, was introduced. Follow-up Action Reports were given on Professional Hospital Supply and Flex Equipment. Jim O' Grady contacted John Augustine of Professional Hospital Supply and offered assistance with PHS's search for land to expand their facility. Staff provided Mr. Augustine with information and further assistance. Company Contact Reports were given on Taylor Frager Construction Company, Outdoor Channel, United Green Mark, McCall's Candles, Johnson Machinery and Bianchi International. EDC visits and phone interviews in the twelfth month of the fiscal year were: 16 visits and 33 phone interviews. There was discussion on Workers' Compensation. The EDC has formed a sub-committee to address Workers' Compensation issues as they relate to EDC retention visits and resources. Staff provided a City report: announced $80 million Capital Improvement Budget would be presented to Council on June 10; widening of the Rancho California Bridge at Jefferson was in process; additional traffic signals would be installed at Business Park Drive; and building permits for KTM and Hampton Inn were approved; and update on the Cherry Street southbound off-ramp project. Staff also reported that Dr. John Husing's Economic Forecast report is on Temecula's website. On June 10th, key development staff met with Brunswick to discuss two possible sites and development requirements for a bowling facility. Staff attended the meeting wearing appropriate attire.., bowling shirts! The Brunswick representatives were very impressed. Staff attended the 145 IRP Housing Technical Committee Workshop on June 12t~. Economic development jobs/housing balance and long-range transportation strategies were discussed. Staff attended the Riverside County Manufacturing Industry Council (RCMIC) Quarterly Partner's Meeting on June 17th in Hemet. UCR Extension hosted the meeting and the presentation was given on the Connectory.com Buyer-Supplier Network. The Connectory. Com Network searchable database includes companies at every level of the supply value chain - Manufacturing; Technology/R&D; Technical Services; Industrial Suppliers; Construction and the Trades; and Raw Materials. The Connectory is one of the strategies being discussed by the 1-15 Regional Partnership as a way to improve business opportunities in this area. Staff attended the EDC Government Action Committee Meeting, which was held on June 17~. Ken Carlisle of Guidant facilitated a focus session to share the Mission Statement and identify the Committee's Team Charter (attached in EDC's Government Action Committee Meeting report). Staff attended the EDCSWRC Board of Director's Meeting on June 19th. The newly appointed Directors-at-Large will serve a two-year term until June 2005: Scott Crane, Southwest Healthcare System; Maryann Edwards, Temecula Valley Unified School District; Kimberly Frieze-Uhler, Rancho Physical Therapy; Stan Harter, Mirau Edwards Cannon Harter & Lewin; Bruce Keeton, Keeton Construction Company; Melanie Nieman, Eastern Municipal Water District; Phil Oberhansley, Cannon Parks & Oberhansley; Harry Shank, Southwest Community Bank; and Roger Ziemer, Southern California Gas Company. Officers of the Board of Directors for fiscal year 2003 - 2004: Dennis Frank, President; Keith Johnson, Vice President; Phil Oberhansley, Secretary; and Greg Prudhomme, Treasurer. At the July EDC Board Meeting, RKR Media Associates will make a presentation on EDC website enhancements and a monthly online newsletter. The Board discussed website enhancements and the value of the LoopNet subscription versus a line with the Economic Alliance's GIS system. EDC member brokers will be asked for their input on the value of LoopNet. The EDC Action Committee reports were given and the minutes are attached. Staff reported that KTM was building a larger plant than originally planned. On June 20th, staff attended the UCR Connect Links Meeting that was held at Temecula City Hall. Debbie Borek of Human Resources Professionals Group spoke on the topic: "Profit Busters - Defending Your Bottom Line: Strategies for Preventing Employee Claims." Staff met with A.G. Kading and college partners several times in June to discuss the Higher Education Center. Staff met with Dick Kennedy and Fred Grimes on June 25th to brainstorm ideas for city participation in and possible DA for expanded auto mall. Diane Wirth of the Regional Technology Alliance met with staff on June 25th and discussed possible ways that Temecula could provide in-kind support for the technology program in the Inland Empire, i.e. business brochure insert, information on City website and provide website links, participation on various committees (Achievements in Technical Ingenuity Awards), provide meeting space, etc. TOURISM Special Events City and the Chamber staff set-up and provided volunteers for the City/Chamber information booth at the Temecula Valley Balloon & Wine Festival. Staff held a volunteer orientation for those employees that had not volunteered at the Festival before. Familiarization Tour Ontario CONVIS included Temecula on a second FAM Tour promoting Temecula as a convenient day trip from Ontario. The FAM focused on the Guadalajara market. On June 20 - 23, there were 14 representatives from American Express and 1 representative from Aero Mexico that attended. The Temecula video was shown on the motor coach. A trivia game was played after the Temecula video was viewed. Questions on Temecula were asked and those that answered correctly first were awarded prizes from Temecula. Souvenirs, tourism CDs and literature were also given to the attendees. Media/Outreach Materials Lead letters, tourism CDs and press kits were sent to travel media. Leads were provided to the City from Anaheim/Orange County CONVIS. Columbus Dispatch, Ms. Alyson Borgerding, Travel Rep. - Sunday Travel Section Cincinnati Magazine, Ms. Amanda Boyd, Managing Editor -Meetings Atlanta Journal & Constitution, Ms. Amanda Miller, Travel Editor Calgary Sun, Ms. Anika Van Wyk, Travel Editor Golf Canada, Mr. Chad Schella, Editor Spokesman Review, Mr. Chris Wille, Travel Editor Heart & Soul Magazine, Ms. Corynne Corbett, Editor Atlanta Progress, Mr. David Holt, Editor Hartford Courant, Mr. Denis Horgan, Travel Editor Des Moines Register, Mr. Doug Peterson, Travel Editor New York Trend, Ms. Felicia Persaud, Managing Editor Charlotte Observer, Mr. Frank Barrows, Managing Editor Canadian Traveler, Ms. Janice Strong, Managing Editor Chicago Life, Ms. Joan Black, Press Editor Staff provided Elaine Call of the Anaheim/Orange County CONVIS with photos, information and an itinerary to include in the Orange County Area Driving Guide. Ms. Call toured Temecula (Old Town, various wineries and Pechanga) in June. The Southern California's Ontario Visitors Guide was published in June. The guide runs through the month of December and is distributed to travel media, visitors, trade shows, Ontario Convention Center, and FAM tours. The City has a full-page ad (see attached). Ontario CONVIS published a summer tourism brochure, which is printed in English and Spanish and is distributed to travel media. The brochure includes Temecula events and wine country. RV Journal published their summer edition which contains a section on Temecula events: Temecula Valley Winegrowers Vine-2-Wine Celebration, Temecula Film & Music Festival, A Day of Wine & Chocolate," Temecula on Stage, and Fall Concert on the Green (see attached). MaDonna White met with staff on June 19th to present her new book that she is publishing called "The Hidden Wineries of Southern California." The tabletop book will feature the winedes of the Temecula Valley and Southern California. Staff provided a CD and press kit to Ms. White. California Golf Television Series On June 4th, Terry Selk with the California Tourism Commission, made a presentation to local golf club and lodging representatives and staff on the California Golf Television Series. The California Tourism Commission and InTheLoopGolf will be producing a 13 episode, 30-minute television series featuring California's Golf. The golf series is formatted after the successful Ski America Series that was developed three years ago which showcased 26 North American ski resorts. This broadcast will be shown on numerous networks throughout Europe, Canada, Australia, and the U.S. later this year (Golf Channel, Travel Channel, Fox Sports, and Sky Travel to name a few). United Airlines is a major sponsor and the series will be shown on their International flights. The show will air for two - three years. In addition, the series will be catalogued on the California Golf Web site, www.califomiaqolf.com. The show will also be included for DVD distribution for mainstream retail release and promotional distribution through in-country sponsors such as major newspapers. Temecula has an opportunity to have its own show. The cost of the show is $20,000, in which the City's contribution will be $5,000. The City and Chamber have contacted various tourism businesses to participate in this program. The Chamber held meetings on June 10 and 24 with groups interested in participating in this show. Martha Minkler and staff met with Michael Cripps of Lifescapes Magazine on June 16th. The magazine will feature Temecula as a weekend getaway and will highlight the arts in the Temecula Valley. The magazine has a circulation of 32,000 copies, with more than 25,000 hand-delivered and mailed to homes in Agoura Hills, Calabasas, Hidden Hills, Lake Sherwood, Malibu, Thousand Oaks, Ventura, Westlake Village and Woodland Hills. About 7,000 copies are distributed to businesses. All of the major hotels in the Conejo Valley include the magazine in their guest rooms. The City is placing a half-page ad in the August/September magazine. Meetinfls On June 3rd, staff attended the Inland Empire Tourism Council's Board of Director's Meeting. Items discussed at the meeting included: · Inland Empire Familiarization Tours · Advertising opportunities (Displays in California Welcome Centers, print advertising, intemet advertising on California website, and co-ops through the California Division of Tourism) · Review draft IETC marketing plan Staff attended the Chamber Tourism Council Meeting on June 5th at Stuart Cellars. Steve Bombola, General Manger, made a presentation on the winery. Tourism Destination Reports were provided by: Pechanga Resort & Casino, Wilson Creek Winery, Museum, Arts Council and the Balloon & Wine Festival. City update included: Ontado CONVIS FAM Tour - Vikingo Viajes travel agency in Guadalajara; City/Winegrowers ad in Orange County Area Ddving Guide, IETC Fall FAM tour, and publicity in Desert Magazine and Meetings West. Staff gave an update on the Califomia Golf TV Series, which is being developed by the State. On June 26th, staff attended an Inland Empire Tourism Council Meeting to plan a few sub- regional Familiarization Tours of the Inland Empire. The Fall Familiarization Tour will include Temecula, Idyllwild and the Perris Train Museum and will take place the first week of October. The Spdng FAM Tour will include Big Bear, Lake Arrowhead and San Bemardino. ATTACHMENTS Temecula Valley Chamber of Commerce Activities Report Economic Development Corporation of Southwest Riverside County Activities Report Southwest Riverside County Economic Alliance Activities Report Temecula Valley Film Council Activities Report Advertising/Media Coverage TEM£CULA VALLEY CHAMBER OF COMMERCE July 3, 2003 Shawn Nelson, City Manager City of Temecula 43200 Business Park Drive Temecula, CA 92590 Dear Shawn, Attached please find the June Monthly Activity Report as per our contract with the City of Temecula. This is the month of June at a glance: Business Inquiry Highlights: In the month of June, 8 businesses requested information on starting or relocating their business to Temecula. They received a business packet, which includes a copy of the City of Temecula demographics, relocation, housing, rentals, maps, organizations, etc. The Chamber has purchased a 188T-emecula toll -free phone number for visitors and relocation inquiries. Alice Sullivan, President/CEO will be attending U.S. Institute Organization Management courses at Colorado College in July 2003. Board of Directors Highlights: The Board of Director's reviewed the Lake Elsinore Advanced Pump Storage (LEAPS) and Transmission Line Project. The Board's decision was to table the project until they received more information on the project. The board instructed staff to invite a representative from Congressional Darrell Issa office and a representative from SAVE to our next meeting. Committee Highlights: Tourism & Visitors Council: The June Tourism Council meeting was held at Stuart Cellars on June 5, 2003. The 20th Anniversary Temecula Balloon & Wine Festival City/Chamber booth received a great response for volunteers from both the City and Chamber members. The Arts Council will be presenting Painted Ponies in Temecula. Embassy Suites Hotel Wine Country was just approved for a $2.5 million renovation of their property off Rancho California Road. Currently the Tourism Director is researching travel shows. Profile Displays will be delivering display units for the Visitors Center next week. Currently JSA Publishing is working on the newly designed and updated street Map. Education Committee: The committee constructed an outline and delivered the draft to the Boys & Girls Club for the "Labels Are for Soup" poster contest for the diversity awareness campaign. The committee has renamed the "Diversity Awareness Campaign" to the "Stand Up For Your Community" Campaign. The Board of Directors is currently reviewing the project for approval. 26790 Ynez Courf * Temecula, CA 92591 Phone: (909) 676-50910 * Fax: (909) 694-0201 www.temecula,org · e-mail: info@temecula.org The Teacher Recognition subcommittee will begin meeting to plan the third annual Teacher Recognition Campaign. Ways & Means Committee: The 12th Annual Monte Carlo Extravaganza will be held September 17, 2003 at Wilson Creek Winery, The committee is busy working on getting Horse Race and Black Jack Table Sponsors. The Cash Prize Giveaway is sponsored by Toyota of Temecula Valley. Two Title Sponsors are needed. The event wilt feature a High Rollers Club additional gaming tables will be provided with a higher minimum bid. The committee is considering having celebrity dealers for this year's event. The Ways & Means committee is also working on the 2003 Autumn Fest Business Showcase. The events sponsors include: Title Sponsor -Community Little Book, Affiliate Sponsor - USA Federal Credit Union, and Facility Sponsor - The Promenade In Temecula. The event will be held on October 15, 2003 at the Promenade Mall. Local Business Promotions Committee: The June Shop Temecula First Campaign concluded with the Grand Prize of $1,000 being awarded to Mickie Evans as the winner and Temecula Trophy as the business winner receiving $500. The Committee is working on the Business th Resource DVD which master copy should be completed by October 15 for viewing at the Business Showcase. DHL Business Solutions which specializes in mystery shopping will now be assisting with the monthly Mystery Shopper Program for the Chamber. The Businesses of the Month for July selected by the Tourism committee are Wilson Creek Winery and Cross Creek Golf Course. Jamba Juice was awarded the Chamber Spotlight, and Trevi Spa & Salon is the Mystery Shopper winner for the month of July. Government Action Committee: Representatives from the Elsinore Valley Municipal Water District offered a brief overview of the Lake Elsinore Advanced Pump Storage program which is a hydro-electric project being considered and would provide power during peak use times, if approved, this project would generate enough power to provide service to 500,000 residences. Senator Hollingsworth held two Workers' Compensation forums in the San Diego area and Hollingsworh urges business members to continue to send letters of concern over the increasing premiums to legislators. Membership Committee: The Member to Member Discount Program has been launched and the committee is very excited about future participation. Community National Bank and Stay Green are the two Business Spotlights for the month of June. Over 300 members attended the June mixer hosted by Embassy Suites Hotel Wine Country. The Business Resource Guide and Membership Directory will begin sales this month for the new 2004 issue. Tourism Highlights (Bulk brochure distribution) Activity Report: · 655 visitors requests were processed from the Westway's advertising marketing piece. · 200 City Tri-fold Brochures to the Commanding General MCX Building in 29 Palms for military personnel. · 210 Visitor Guides to Linda Fossum with Century 21, to distribute to visitors and people considering relocating. · 20 City Tri-fold Brochures to Leslie Scott with the Church of Jesus Christ of Latter Day Saints to welcome new move-ins. · 20 Visitor Guides, 20 City Tri-folds and 20 Winery Brochures to Cynthia Nordskog with Remax Elite Team to distribute to clients. · 50 Visitor Guides and 100 City Tri-fold Brochures to Danielle Clark with the Temecula Valley Unified School District to distribute to faculty. · 100 Visitor Guides, 100 Winery Brochures and 100 Tourism Maps to Coldwell Banker for welcome packets to distribute to visitors and clients. · 210 Visitor Guides to Jeanne Teague with Lawrence Welk Resort to distribute to guests. · 210 Visitor Guides to Gloria Easterwood with Tour of Temecula Map Guide to distribute to visitors attending the Gourd Festival. · 16 Visitor Guides, 16 Winery Brochures and 16 Tourism Maps to Pattie Grenner with Ligand Pharmaceuticals for a Company Retreat. · 40 Visitor Guides, 60 City Tri-folds and 40 Winery Brochures to Marc Drew with Temecula Country Store to distribute to visitors coming to Old Town. · 60 Visitor Guides, 60 Winery Brochures and 60 Tourism Maps to Lyn Balagtas to be distributed for a family reunion. · 20 Visitor Guides, 20 Winery Brochures and 20 Tourism Maps to Carol Spencer with the California Southwinders to be distributed at an RV Rally. Activity Report: Tourism calls for the month of June - 1,793 Phone calls for the month of June - 2,885 Walk-ins for the month of June - 1,996 Web Page User Sessions for the month of June - 2,669 Website Tourism Survey - "How did you hear about Temecula" - 322 responses were received: Article - 2% Friend - 30% Link - 4% Magazine - 3% Other - 39% Radio - 2% Search - 13% TV-7% Also, attached are the meeting minutes for the Tourism and Visitors Council, Education, Local Business Promotions, Government Action, Membership and Marketing and Ways & Means committee. If you have any questions regarding this information, please call me at (909) 676-5090. Thank you. Alice Sullivan PresidentJCEO cc: Mayor Jeff Stone Councilman Jeff Comerchero Councilman Sam Pratt Jim O'Grady, Assistant City Manager Gloria Wolnick, Marketing Coordinator Mayor Pro Tern Mike Naggar Councilman Ron Roberts Shawn Nelson, City Manager GaB' Thornhill, Deputy City Manager TVCC Board of Directors Annual Volume Comparisons Chamber June 2002 Chamber June 2003 Percentage PHONE CALLS TOURISM Tourism Referrals 346 246 -29% Calendar of Events 178 96 -46% Special Events 314 383 22% General Information 1,056 1,068 1% TOTAL TOURISM CALLS 1,894 1,793 -6% Relocation 145 163 12% Demographics 59 80 36% Chamber 883 671 -24% Miscellaneous 205 178 -13% TOTAL PHONE cALLS 3,186 2,886 -9% WALK-INS Tourism 265 161 -39% Calendar of Events 137 100 -27% Special Events 42 78 86% General Information 877 601 -31% Relocation 190 132 -31% Demographics 65 84 29% Chamber 712 291 -59% Miscellaneous 216 136 -37% Visitor Center Walk-Ins 440 413 -6% TOTAL WALK-INS 2,944 1,996 -32% MAILINGS Tourism 105 925 781% Relocation 97 100 3% Demographics 89 30 -66% TOTAL MAILINGS 291 1,055 263% E-MAIL Tourism 49 109 122% Relocation 39 116 197% Miscellaneous 88 351 299% TOTAL E-MAIL 176 576 227% 6,332 2,669 WEBSITE USER SESSIONS * Chamber referrals reflect faxes, walk-ins and phone calls -58% Temecula Valley Chamber of Commerce Monthly Activity Report June 2003 PHONE CALLS TOURISM Tourism Referrals Calendar of Events Special Events General Information TOTAL TOURISM CALLS Relocation Demographics Chamber Miscellaneous TOTAL PHONE CALLS WALK-INS Tourism Calendar of Events Special Events General Information Relocation Demographics Chamber Miscellaneous TOTAL WALK-INS MAILINGS Tourism Relocation Demographics TOTAL MAILINGS E-MAIL Tourism Relocation Miscellaneous TOTAL E-MAIL WEB PAGE USER SESSIONS GRAND TOTALS PHONE CALLS WALK-INS MAILINGS E-MAIL WEB PAGE USER SESSIONS Chamber Vis. Center Year-To-Date This Month This Month Total 246 96 383 1,068 1,793 163 8O 671 178 2,885 161 100 78 601 132 84 291 136 1,583 925 100 3O 1,055 109 116 351 576 2,669 190 223 413 This Month 2,885 1,583 1,055 576 2,669 1,559 879 985 7,063 10,486 1,066 652 5,295 1,838 19,337 2,215 826 478 6,145 988 649 3,062 1,769 16,132 1,743 616 513 2,872 6O7 539 1,246 2,392 18,322 Year-To-Date 19,337 16,132 2,872 2,392 18,322 July 10, 2003 Jim O'Grady City of Temecula PO Box 9033 Temecula, CA 92589 RE: Activity Summary - June 2003 Business and Workforee Development Staff responded to the following 11 business and workforce development requests in June 2003: Date Lead Source Request Action Taken 6/5/03 Phone Client seeking grant funding for ! Referred client to SBDC to assist with business plan. business (has no business plan). 6/9/03 Website Client interested in EDC activities Invited client to June board meeting. and membership and asked to attend a meeting as an observer. 6/10/03 Phone Client seeking assistance on: Provided client with contact person in Temecula 1) Signage visibiliw: stores on Planning Dept. All inquiries have been answered. Jefferson / Winchester (near Amish Furniture and Nellie's equipment) need trees trimmed on freeway to provide better signage visibility 2) What is code for placement of temporary signage to advertise business on Hwy 79, such as giant balloons 3) What is code for special event temporary signage 4) Where are redevelopment areas in Temecula. 6/20/03 Website Client requested a Business Mailed client a BRG. Resource Guide to start new business. 6/23/03 Phone Client seeking permit assistance Referred client to Beaumont Chamber of Commerce and for 18-acre project in Beaumont. Riverside County EDA. Assisted same client several months ago with contact information for Lake Elsinore. Project is now being developed on 7 acres in L.E. 6/23/03 In Person Client from UCR seeking a In progress currently assisfmg client with mailing partnership with EDC to promote database of manufacturing firms in Southwest County. Employment Training Panel funding to local manufacturers. Jim O'Grady City of Temecula Activity Summary- June 2003 Page 2 of 3 Date Lead Source Request Action Taken 6/24/03 Phone Client seeking demographic Referred client to Temecula website and SW Site Finder information for project in website (Economic Alliance GIS) to pull specific Temecula. demographic information. 6/24/03 Email Client~employer in Lake Elsinore Referred a candidate to client who has scheduled an seeking assistance with interview. recruitment to Public Relations position. 6/25/03 Phone Client seeldng information on i Emailed client quarterly meeting notice to attend local healthcare industry for news: Riveriside County Health Sciences Industry Council article, workshop. 6/26/03 Website Client seeking specific contact Completed client's request. information for employee at Lake Elsinore Unified School District. 6/26/03 Website Client seeking networking In progress - currently assisting client with introductions opportunities to promote Marines to community organizations to help promote project. for Life project, a workforce development program to assist honorably discharged Marines transition from military to civilian employment. Community Outreach Staff and/or directors attended the following meetings/events to promote or support economic development/community outreach: · United Way 2003 Campaign Cabinet Meeting (6/2) · TVCC Partnership in Education Committee Meeting (6/2) · Temecula Chamber 3ra Annual Economic Outlook Conference (6/5) · EDC 9th Annual Golf Tournament (6/9) · United Way Campaign Meeting - Southwest County Region (6/16) · So Cai Gas 2003 Economic Development Summit in Downey, CA (6/17) - Staff was a speaker at the event and represented Southwest Riverside County. Other speakers represented CALED, LA EDC, San Gabriel EDC, San Fernando Valley EDC, San Diego Regional EDC, IEEP, and South Bay EDC. Stevie Field and EDC Director Roger Ziemer also attended. · United Way Executive Board Meeting (6/18) · SANDAG Inter-regional Partnership Policy Committee Meeting (6/20) · Workforce Development Center AH-Staff Meeting (6/24) - Monthly WDC partner meeting. · United Way Board of Directors Meeting (6/25). Business Retention Business Relations Committee Meeting (6/5) - See attached meeting minutes for discussion topics. Jim O'Grady City of Temecula Activity Summary - June 2003 Page 3 of 3 Administration/Organization · Golf Tournament Committee Meeting (6/3) · EDC Transportation and Infrastructure Committee Meeting (6/12) See attached meeting minutes for discussion topics. · EDC Education Committee Meeting (6/13) See attached meeting minutes for discussion topics. · EDC Government Action Committee Meeting (6/17) See attached meeting minutes for discussion topics. · EDC Board of Directors Meeting (6/19) - See attached meeting minutes for discussion topics. · Administration - Staff managed the daily operations of the EDC office; coordinated various EDC committee meetings; coordinated the EDC 9th Annual Golf Tournament and post tournament duties; coordinated EDC officer elections; submitted press releases; managed EDC website updates; mailed an EDC letter to Governor Davis and local elected officials to oppose diversion of Proposition 42 funds; closed out the financial records for FY 2002-2003; and emailed the following business development/community announcements: IAPES International Educational Conference "Business Solutions for the 21st Century" FED 1N BRIEF: Trends in the National Economy - A Federal Reserve Perspective in the Inland Empire" ~ EDC Press Release - Board of Directors Election EDC Legislative Action Alert - Letter Campaign Request RE: PROPOSITION 42 FUNDS IN JEOPARDY } UCR Connect LINKS Program "Current Developments in US and International Accounting Standards" ~ Employment Training Panel Funding for Manufacturers ~ SBA Pm-Disaster Mitigation Loan Program } Riverside County Health Sciences Industry Council Quarterly Meeting ~ UCR Connect LINKS Program "Profit Busters -- Defending Your Bottom Line: Strategies for Preventing Employee Claims" This concludes the activity summary for June 2003. Should you have questions or need further detail, please call me at 600-6064. Respectfully, Diane Sessions Executive Director DRAFT ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY BOARD OF DIRECTORS GENERAL MEETING MINUTES Thursday, June 19, 2003 - 9:00 a.m. Workforce Development Center 27447 Enterprise Circle West, Temecula, CA DRAFT BOARD MEMBERS Ken Carlisle, Guidant Corporation Frank Casciari, California Bank and Trust Maryann Edwards, Temecula Valley Unified School Dist. Dennis Frank, UCR Extension Kimberly Frieze-Uhler, Rancho Physical Therapy Start Hatter, Mirau, Edwards, Cannon, Harter & Lewin Melanie Nieman, Eastern Municipal Water District Rex Oliver, Murfieta Chamber of Commerce David Phares, D. L. Phares & Associates Greg Prudhomme, Kuebler, Prudhomme & Co. Al Sabsevitz, Verizon Joan Sparkman, Temecula Valley Bank Roger Ziemer, Southern California Gas Company EDC STAFF Diane Sessions Liz Yuzer MEMBERS AND GUESTS Aaron Adams, City of Temecula Paul Ramsey, Keeton Construction Al Vollbrecht, City of Murrieta CALL TO ORDER · Board President Dennis Frank called the meeting to order at 9:05 a.m. Motion was made by A1 Sabsevitz, seconded by Joan Sparkman and carried unanimously to approve the agenda. MINUTES · The Board reviewed the minutes of the May 15, 2003 Board of Directors Meeting. Motion was made by Roger Ziemer, seconded by Ken Carlisle and carded unanimously to approve the minutes of the May 15, 2003 Board of Directors Meeting as amended by adding Joan Sparkman as a meeting attendee. FINANCIAL REPORT · May 31, 2003 Financial Report: The Board reviewed the May 31, 2003 Financial Report that showed total monthly revenues of $21,138, total expenses of $8,241 and total cash-in-bank of $82,647. Motion was made by Joan Sparkman, seconded by Al Sabsevitz and carried unanimously to approve the May 31, 2003 Financial Report. · May 29, 2003 Quarterly Luncheon Reconciliation Report: Diane Sessions presemed the May 29, 2003 Quarterly Luncheon Reconciliation Report which showed total revenues over expenses of $266.80. · Golf Tournament Reconciliation: Diane Sessions presented the 2003 Golf Tournament Reconciliation Report which showed total revenues over expenses of $13,402.98. Projected revenue for the tournament was $11,000. Ms. Sessions thanked Tournament Chair Gary Yoarnans and committee members Roger Ziemer, Harry Shank and Robin Greet for their work. Exhibit 3.0 Economic Development Corporation of Southwest Riverside County Board of Directors Meeting - June 19, 2003 Minutes - Page 2 of 4 NEW BUSINESS · Ratify 2003 Officer Election Ballot: Motion was made by Joan Sparkman, seconded by Roger Ziemer and carried unanimously to ratify the Official 2003 Officer Election Ballot. · Director and Officer Elections Update: Diane Sessions reported that quorum requirements were met in accordance with the bylaws to hold director-at-large and officer elections. She congratulated the following board members on their recent elections as Directors-at-Large, each serving a two-year term until June 2005: Scott Crane, Southwest Healthcare System; Maryann Edwards, Temecula Valley Unified School District; Kimberly Frieze-Uhler, Rancho Physical Therapy; Stan Harter, Mirau Edwards Cannon Harter & Lewin; Bruce Keeton, Keeton Construction Company; Melanie Nieman, Eastern Municipal Water District; Phil Oberhansley, Cannon Parks & Oberhansley; Harry Shank, Southwest Community Bank; and Roger Ziemer, Southern California Gas Company. Ms. Sessions announced the following were elected as Officers of the Board of Directors for fiscal year 2003-2004: Dennis Frank, President; Keith Johnson, Vice President; Phil Oberhansley, Secretary; and Greg Prudhomme, Treasurer. Motion was made by Joan Sparkman, seconded by Roger Ziemer and carried unanimously to certify the quorum and approve Director-at-Large and Officer elections for the Economic Development Corporation of Southwest Riverside County. · Discussion on Website Enhancements and Online Newsletter: Diane Sessions reported that Judy Zulfiqar of RKR Media Associates was scheduled to make a presentation for EDC website enhancements and a monthly online newsletter. She further reported that an online newsletter was more cost-effective than a printed version and recommended that funds budgeted for a printed newsletter be used for an online newsletter. Ms. Sessions encouraged all interested board members to attend the presentation on July 1, 2003 at 9:30 a.m. The Board discussed website enhancements and value of the LoopNet subscription versus a link with the Economic Alliance's GIS system. David Phares suggested that EDC-member brokers be asked for their input on the value of LoopNet. · Recommendations for Action by Transportation & Infrastructure Committee: David Phares reported the Transportation and Infrastructure Committee was focusing on the following issues: 1. Tunnel to Orange County - need for letters of support Mr. Phares requested that the Board of Directors join a letter writing campaign to support the tunnel. Joan Sparkman suggested that an educational luncheon be held on this matter. The Board agreed that it was appropriate to invite members of the Orange County EDC to such an event. Roger Ziemer offered to look into a sponsorship by The Gas Company. 2. MSHCP and transportation issues effecting Lake EIsinore - what are the issues and how can the EDC support them? The Board recommended that Marlene Best make a presentation at the July board meeting on MSHCP and transportation issues effecting the City of Lake Elsinore. 3. Brineline - need irfformation on how it can be extended to the Murrieta/Temecula area Melanie Nieman agreed to organize a tour and information session of the Eastern Municipal Water District and brineline issues. Exhibit3.1 Economic Development Corporation of Southwest Riverside County Board of Directors Meeting - June 19, 2003 Minutes - Page 3 of 4 CONTINUING BUSINESS · EDC Committee Updates: Transportation & Infrastructure Committee: See update under New Business. Education Committee: Chair Maryann Edwards reported the committee was gathering information about vocational programs in the region. One of the Temecula high schools may adopt a vocational magnet progran~ She also announced that all Temecula and Lake Elsinore school board trustees had completed a Masters in Governance progran~ Permit and Planning Committee: Dennis Frank reported that Committee Co-Chair Gary Youmans recently helped a business owner with delays in opening his business on Hwy 79 South. Mr. Youmans was able to help expedite a fire and safety inspection, the last step the owner needed to receive an occupancy permit. Business Attraction Committee: Diane Sessions reported that Stevie Field would hold a study session on July 24 to discuss a branding and marketing campaign for Southwest Riverside County. Government Committee: Chair Ken Carlisle distributed copies of the mission statement and charter created by the committee. Mr. Carlisle would like to coordinate efforts with other government action committees in the community. Business Relations Committee: Stan Harter was introduced as the new chair of the Business Relations committee. Mr. Harter, Dennis Frank and Diane Sessions would meet to discuss strategies for the new fiscal year. · Utilities Updates: Telecommunications: A1 Sabsevitz announced that the Public Utilities Commission had deferred the 310 area code split. Discussion continues on the 909 area code split. One option would be to split the area code at the Riverside County line with Riverside County receiving the 951 area code. A second option would be an overlay, to assign all new customers the new area code, which would result in 10 digit dialing. Mr. Sabsevitz reported that a public hearing hosted by the PUC would be held July 16 in Murrieta. Gas: Roger Ziemer thanked Diane Sessions for her participation in the 2003 Economic Development Summit sponsored by The Gas Company in Downey, CA on June 17. Water: Melanie Nieman reported that conservation continued to be a priority and that the Eastern Municipal Water District would like to reduce per capita water use by 20%. Ms. Nieman described the work at the Menifee desalter facility which took unusable water fi.om the Perris filtration plant and made it drinkable. She also added that a number of rebates were also available to customers. OPEN DISCUSSION · EDC Administrative Update: The Board reviewed the May 2003 Activity Smmnm~ submitted by Diane Sessions. Ms. Sessions congratulated the City of Murrieta as winner of the 2003 Golf Tournament Mtmicipal Trophy. · SWRC Economic Alliance Update: No report available. · City Updates: City of Lake Elsinore - Diane Sessions reported the Lake Elsinore City Council would consider the 2003-2004 budget at their June 24 meeting. She also reported the City Council held a study session on the Riverside County Multi-Species Habitat Conservation Plan and that more sessions would be scheduled. All interested individuals were encouraged to attend. City ofMurrieta - Al Vollbrecht reported the Murrieta City Council awarded construction contracts for downtown improvements including reconstruction of Washington Avenue and drainage channel E at Ivy Street. City of Temecula - Aaron Adams reported that KTM was building a larger plant than originally planned. · Chamber Updates: Lake Elsinore Chamber of Commerce - No report available. Murrieta Chamber of Commerce - No report available. Temecula Valley Chamber of Commerce - No report available. Exhibit 3.2 Economic Development Corporation of Southwest Riverside County Board of Directors Meeting - June 19, 2003 Minutes - Page 4 of 4 · IEEP-Federal Reserve Meeting: Joan Sparkman announced the Los Angeles Branch of the Federal Reserve Bank and the Inland Empire Economic Partnership would hold a breakfast at the San Bemardino Hilton on July 9 at 8:00 a.m. Diane Sessions will e-mail information regarding the meeting to all members. Change in Meeting Time: Dennis Frank recommended that Board of Directors meetings start at 8:00 a.m. instead of 9:00 a.m. Directors present agreed with the recommendation. Mr. Frank requested that all committee minutes be included with the momhly board package. ADJOURNMENT At 10:30 a.m., motion was made by Al Sabsevitz, seconded by Joan Sparkman and carried unanimously to adjourn the board meeting. Respectively submitted by: Elizabeth Yuzer Recording Secretary Phil Oberhansley Board Secretary Exhibit 3.3 ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY BUSINESS RELATIONS COMMITTEE MEETING Thursday, June 5, 2003 - 9:30 a.m. Workforce Development Center, Executive Board Room 27447 Enterprise Circle West, Temecula, CA Committee Members Present: Alva Diaz, Wells Fargo Bank Stan Hatter, Mirau, Edwards, Cannon, Hatter & Lcwin Keith Johnson, Mission Oaks National Bank Lane McGhee, ARROW Staffing Lori Moss, City of Municta Jim O'Grady, City of Temccula Rex Oliver, Murrieta Chamber of Commerce Diane Sessions, Economic Development Corporation Harry Shank, Southwest Community Bank Guests: Jim Cauhape Glenn Eckels, The Eckels Group Chris Masino, CDM Group, Inc. Liz Yuzer, Economic Development Corporation Call To Order In the absence of Chair Michael Lewin, Diane Sessions called the meeting to order at 9:30 a.m. Sessions introduced Stan Harter as the new committee chair and self introductions were made. MS. Follow-up Action Reports · Professional Hospital Supply - Jim O'Grady reported he had contacted John Augustine to assist with PHS's search for land to expand their facility. Information was provided and further assistance offered. · Flex Equipment - Diane Sessions reported that additional information about the EDC was provided. Company Contact Reports · Taylor Frager Construction Company - Harry Shank reported that he, Jim O'Grady and Diane Sessions visited with Renae Rock at Taylor Frager in Temecula. Taylor Frager provides pre-construction consulting, general contracting, design and construction management services. Corporate headquarters were located in Des Moines, Iowa, with a large division in San Diego. The Temecula office was opened 3 V2 years ago with six employees. Ms. Rock indicated that area growth and potential business opportunities brought them to Southwest Riverside County. Primary customers were located in San Diego. She also indicated that they find the local economy getting better. Company principles were happy doing business in Southwest Riverside County and would to be a contact for other businesses considering relocating to the area. Action Item: Renae Rock requested additional information about the EDC. · The Outdoor Channel - Alva Diaz reported that she and Jim O'Grady visited with Perry Massie and Mark Corcoran at The Outdoor Channel, a subsidiary of Global Outdoors. Outdoor Channel is an independent TV channel with an emphasis on outdoors programming. They also organize gold mining expeditions in Alaska. Mr. Massie indicated that a disadvantage to the area was the traffic. Complete survey to be turned in later. Action Item: Jim O'Grady to respond to Perry Massie and Mark Corcoran regarding traffic concerns. · United Green Mark - Lori Moss reported that she, Rex Oliver and Rob Johnson visited with Greg Worthy, Branch Manager of United Green Mark in Murrieta. United Green Mark provides irrigation supplies to landscape contractors. They have employees in 38 locations. Expansion into Southwest Riverside County came from the purchase of an existing irrigation business in Murrieta 14 years ago. Business advantages of the area included growth, but a primary disadvantage was the traffic. Business Relations Committee Meeting Minutes - June 5, 2003 Page 2 of 3 Primary competitors included Hydroseape located in Murrieta. Mr. Worthy ranked their business as large and said that sales in the past year were up 20%. He attributed their success to a good product, good advertising and excellent customer service. Principal suppliers were located in San Diego and on the East Coast. Mr. Worthy reported their 11 employees lived in the Temecula/Murrieta area, Perris, Hemet and Lake Elsinore. They planned to expand their plant and their staff in the near future. Mr. Worthy reported they were happy doing business in Southwest Riverside County and would to be a contact for other businesses considering relocating to the area. Action Item: Greg Worthy requested additional information about the EDC. · McCall's Candles - Lori Moss reported that she and Rob Johnson visited with Dan and Dee McCall at McCall's Candles in Mundeta. They manufacture novelty candles and clocks for wholesale distribution. The McCalls moved their business back to California from Missouri 2 years ago. Business advantages to the area included the climate, but that houses were built too close together. Their customers were located all over the United States, Canada and Ireland. They ranked their business as medium and indicated that sales in the past year were up. Suppliers were found in Riverside and San Marcos. They reported that 80% of their 22 employees lived in the Temecula/Murrieta area. They planned to increase their work force and were negotiating a lease for additional warehouse space to expand their operations. The McCalls indicated that they were happy doing business in Southwest Riverside County. Action Item: Dan and Dee McCall requested additional information about the EDC. · Johnson Machinery - Rex Oliver reported a phone visit with Scott Macintosh, General Manager at Johnson Machinery in Murrieta. They provide sales and rental services of Caterpillar equipment. For the past 9 years they have provided parts services, and rental services for 5 years. Their 12 employees lived in the TemeculoYMurrieta area, Sun City, Menifee and other parts of Riverside County. Business advantages of the area included the growth and greater construction opportunities. Primary customers were contractors and engineers in Southwest Riverside County and San Diego. Competitors were other local rental yards. Mr. Macintosh ranked their business as large and said that sales in the past year were up. Their principal supplier was the Caterpillar factory. They were happy doing business in Southwest Riverside County. Action Item: Scott Macintosh requested additional information about the EDC. * Bianchi International - Alva Diaz reported that while she met with Larry Deck, CFO at Bianchi International, for purposes other than a retention visit, he indicated they had some issues regarding the sidewalk between their buildings. Mr. Deck also expressed the need for industrial training for their employees. Goal Progress Report · Diane Sessions announced that visits and phone interviews in the twelfth month of the fiscal year were as follows: 27 visits ~ 3 points each + 33 phone interviews @ 1 points each = 60 visits/calls G114 points YTD VISIT PHONE. POINTS Goal 27 33 114 Actual 16 15 63 Variance -11 -18 - 51 Business Relations Committee Meeting Minutes - June 5, 2003 Page 3 of 3 New Committee Assignments · No new committee assignments were assigned. Diane Sessions reported that a list of companies for potential visit would be emailed to the committee. Committee members could then choose their assigmnents. Loft Moss requested that Newell's Bowling Supply, Discount Window Supply and Control Systems be removed from the call lists. Committee members expressed interest in a review of resources available for their calls and a summary sheet of expectations. This would be on the agenda for the July meeting. Discussion on Workers' Compensation · Lane McGhee reported that State Fund was picking up high-risk customers that were dropped by other carriers, which increased rates. Increased reserve funds were also being required of individual businesses. Mr. McGhee added that it was possible for an individual business to hire a consultant to negotiate the size of their mandatory reserve. Ratings problems and fraud continued to be issues within the Workers' Compensation system. Lane McGhee, Rex Oliver and Jim Cauhape were appointed as a sub-committee to address Workers' Compensation issues as they related to the EDC retention visits and resources. Survey Revisions · Diane Sessions asked committee members to provide revisions to the survey. The Committee agreed that questions regarding Workers' Compensation issues should be added to the survey to determine the impact on local companies. Open Discussion · EDC Board Update - Diane Sessions reported that the 9th Annual Golf Tournament would be held June 9 at Temecula Creek Irm. She also thanked Stan Hatter for volunteering to act as chair of the Business Relations Committee. · Announcements - City ofMurrieta - Lori Moss reported on AB 1221 and its impacts to city financing; a new Murrieta police chief had been hired; free services were available by the Small Business Development Corp. (SBDC) and that representative Allen Jaszcar was at the Murrieta Chamber of Commerce every Thursday. City ofTemecula - Jim O'Grady announced that an $80 million Capital Improvement Budget would be presented to the Temecula City Council on June 10; widening of the Rancho California bridge at Jefferson was in process; additional traffic signals would be installed at Business Park Drive; and building permits for KTM and Hampden Inn were approved. He also reported that Temecula officials were working with Caltrans on the Cherry Street southbound off-ramp project. Planning would take three years and the total project could take nine years. Mr. O'Grady announced that copies of the Economic Forecast report presented earlier that morning by John Husing were available on the city website. Lake Elsinore Chamber of Commerce - Glenn Eckles reported the next Lake Elsinore EDC lunch would be on June 12 with a presentation on the city's recreation and tourism. Murrieta Chamber of Commerce - Rex Oliver announced that the Murrieta Chamber of Commerce Installation Dinner would be held June 7 and Representative Mary Bono would be their keynote speaker. Adjournment The meeting adjourned at 10:45 a.m. ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY EDUCATION COMMITTEE MEETING Thursday, June 13, 2003 - 10:00 a.m. Mission Oaks National Bank 41530 Enterprise Circle South, Suite 100, Temecula, CA Committee Members Present: Maryann Edwards, Temecula Valley Unified School District Dennis Frank, University of California, Riverside Diane Sessions, Economic Development Corporation Barbara Tooker, Temecula Valley Unified School District Roger Zicmer, Southern California Gas Company Call To Order Committee Chair Maryann Edwards called the meeting to order at 10:15 a.m. and led introductions. Approve May 9~ 2003 Meeting Minutes Motion made by Diane Sessions, seconded by Roger Ziemer and carded unanimously to approve the May 9, 2003 meeting minutes as presented. Presentation on State of California Master Plan for Education Maryann Edwards announced that TVUSD Trustee Barbara Tooker was recently appointed to the State Board of Education, an appointment made by the State Secretary of Education. Barbara Tooker provided a Master Plan "Cheat Sheet" that summarized the California Master Plan for Education. Key topics included early education, K-12 education, career and technical education, adult education, postsecondary education, teacher quality/professional development, and school finance, governance and structure. Mrs. Tooker reported that nine State bills were introduced this year, but would take a two-year process before enactment. All nine of the bills would create the structure on education. Several important bills to be aware of was SB712 - California Quality Education Model (Dede Alpert), which would require the CQEM Commission to determine what the basic funding level of every school district should be based on demographics. Mrs. Tooker recommended the EDC Education Committee should monitor SB712. She further recommended the recruitment of a local business leader from Southwest Riverside County to sit on the CQEM Commission. One of the Commission's tasks was to talk with businesses to learn about the employees' education needs. Mrs. Tooker recommended monitoring of SB6 (Alpert) - Public Education Governance, which proposes to eliminate the scope and authority of Superintendent of Public Instruction Jack O'Connell and create a new committee that would supervise academic testing. Mrs. Tooker's recommendations for EDC Board action: l) Overwhelm the community with the severity of removing local control from school districts and placing control with multi-level commissions at the State level and; 2) Place heat on elected officials to govern Higher-Education Facili ,ty Update In Ron Kfimper's absence, no report was available. EDC Education Committee Meeting Minutes - June 13, 2003 Page 2 of 2 Review Previous Action Items (May 2003) Action items #1, #8, and #10-13 from the May 2003 were completed. All other action items to be carried over to the July 2003 meeting. 1. Diane Sessions to create and distribute a committee contact roster and organizational chart. - Completed 2. Diane Sessi~ns t~ inquire ~n educati~n/business partnerships ~r pr~grarns with Lake Elsin~re Va~~ey and Murrieta Chambers of Commerce (similar to Temecula Chamber's Partnership in Education Committee) Carry to July 2003 3. Ron Krimper to provide an update on the proposed higher-education center at the June meeting. - Carry to July 2003 4. Ron Krimper to provide list of existing education/business groups affiliated with MSJC. - Carry to July 2003 5. Sonja Wilson to provide list of existing education/business groups affiliated with LEUSD. - Carry to July 2003 6. Harry Shank to provide list of existing education/business groups affiliated with MVUSD. - Carry to July 2003 7. Diane Sessions to provide list of existing education/business groups affiliated with TVUSD.- Carry to July 2003 8. Dr. Steinback t~ pr~vide Diane Sessi~ns with c~ntact inf~rmati~n f~r D~n Barnett. - C~mp~eted 9. Diane Sessions to contact Don Barrett to invite to sit on Committee (and to determine his role as legislative liaison for CSUSM). Carry to July 2003 10. Maryann Edwards to provide Harry Shank with information on Temecula Chamber's Partnership in Education Committee material - Completed 11. Maryann Edwards to contact The Californian to advise of the Committee's formation and purpose. - Completed 12. Maryann Edwards to contact Barbara Tooker for a copy of the State of California Master Plan for Education. - Completed 13. Maryann Edwards to ask Barbara Tooker to make a presentation at the June meeting on the State of California Master Plan for Education. - Completed 14. Diane Sessions to contact Sheldon Lisker to determine his role as legislative liaison for UCR.- Carry to July 2003 New Action Items (June 2003) 1. Diane Sessions to contact Linda Wunderlich, Valley Business Journal and local newspapers for press release to advise of Barbara Tooker's appointment to the State Board of Education. 2. Committee to start recruitment of a local business leader from Southwest Riverside County to sit on the CQEM Commission. 3. Committee to strategize a campaign to educate the public on the severity of removing local control from school districts and placing control with multi-level commissions at the State level. Campaign to include placing "heat" on elected officials'. Adiourn The meeting adjourned at 11:00 a.m. ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY GOVERNMENT ACTION COMMITTEE MEETING Tuesday, June 17, 2003 - 9:00 a.m. Workforce Development Center 27447 Enterprise Circle West, Temecula, CA Committee Members Present: Ken Carlisle, Guidant Corporation Jim O'Grady, City of Temecula Lori Moss, City of Murrieta Liz for Diane Sessions, Economic Development Corporation Call To Order Committee Chair Ken Carlisle called the meeting to order at 9:10 a.m. Focus Session Ken Carlisle facilitated a focus session to share the Mission Statement and identify the Committee's Team Charter. The Team Charter was identified as follows: Committee Charter Organizational goals and strategies to be addressed: Boundaries: Improvement targets and measures 1) Increase communications 2) Influence legislation 3) Educate decision-makers and business community 1) No boundaries; our influence diminishes the higher we go 2) We have a very strong base (local, state, federal, national) 3) Coordinate with other groups in the area 4) Depends on types of legislation 5) Choose our battles; "business" being the theme 6) Use a filter/screen on "how it affects our business" 7) Case by case; sometimes majority of members 8) Primary focus is state and local but will not exclude federal or national if becomes a priority to EDC 1) Increase meetings with legislators; quarterly, annual w/govt, speaker 2) Increase letters to legislators 3) Increase involvement with positions taken 4) Attend govt./forum meetings 5) Newsletters 6) Outcome of legislation; how many Bills pass 7) Common Chamber voice 8) Mapping positions of local stakeholders Resources Available: Constraints: Team Strategies: 1) League of Cities 2) Califomia Redevelopment Agency 3) Local Chambers 4) MurrietaJTemecula Group 5) Monday Moming Group 6) City Supervisors Association 7) Other Board members' comacts 8) CMTA 9) Guidant Washington DC Office 10) State & Federal Lobbyists 11) Local Legislators 1) Budget 2) Time; all members have full-time jobs 3) Diverse stakeholders 4) Small membership 1) Quarterly forums/luncheons with legislators (and not assistants) 2) Partner with other groups 3) Periodic mtg. with & compliment all govt. action committees/action groups 4) All members bring forward any legislation 5) Jim O'Grady receives any upcoming legislation; will get to EDC as quick as possible 6) EDC GOC to review, brainstorm/focus, then to EDC BOD 7) Get feedback from Chambers for areas of focus 8) Taxation & Energy of very high interest to cities 9) Diane to take Position of Authority and/or use e-mail for time-sensitive legislation 10) Analyze bills and return with 2-sided story & recommend update at luncheons (D. Frank?) Committee Charter Mr. Carlisle provided the Committee a template that was used to draft our goals, boundaries, measures, resources, constraints and strategies of the Government Action Committee. The Committee drafted the team charter as stated above. Please review and send your comments to Ken Carlisle at Kcarlisl(&,,guidant.com by. Committee Meeting Dates As a reminder, we agreed to hold future meetings on the third Tuesday of each month at 9:00 a.m. at the Workforce Development Center, 27447 Enterprise Circle West, Temecula. The next scheduled meeting will be held on July 15, 2003. Ad[ourn The meeting adjourned at 10:00 a.m. Action Items: 1) Ken Carlisle to email the Committee members the "Draft" charter for review and comments. 2) Ken Carlisle to email the Committee minutes from the June 17th meeting. 3) Need to assess and confirm participation of Committee Members. ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY TRANSPORTATION & INFRASTRUCTURE COMMITTEE MEETING Thursday, June 12, 2003 - 8:00 a.m. Workforce Development Center, Executive Board Room 27447 Enterprise Circle West, Temecula, CA Committee Members Present: Rosalie Mul6, Waste Management of thc Inland Empire David Phares, D.L. Phares& Associates Diane Sessions, Economic Development Corporation Joan Sparkman, Temecula Valley Bank Guests: Call To Order Committee Chair David Phares called the meeting to order at 8:15 a.m. Review Meeting Minutes The Committee accepted the May 8, 2003 meeting minutes as presented. Prioritize Committee Goals and Obiectives · Riverside County Integrated Plan (RCIP) - David Phares reported the Riverside County Board of Supervisors could approve the RCIP as soon as their next meeting. He suggested the Committee focus on the three primary elements of the RCIP for further recommendations to the EDC Board. · New transportation corridors o Study various proposed corridors including south corridor in the Lake Elsinore area and Hwy 79 North and South. It was agreed that the City of Lake Elsinore's location as the gateway into southwest Riverside County was very important and the City's zoning and land use plans for commercial development should be supported. o Research the proposed "Tunnel to Orange County" and advocate for a new east/west corridor to Orange County. Mr. Phares suggested writing letters to influential people in the region that would garner support of the tunnel concept. Joan Sparkman recommended that: a) Bill Vardoulis be contacted to make a presentation and; b) the EDC Board be asked to adopt a letter campaign in support of the tunnel concept. o Continue education / outreach to elected officials and Southwest County residents on transportation funding mechanisms (i.e. Measure A, Proposition 42 funds, TUMF) and where those funds would be allocated locally. David Phares suggested that all cities/county elected officials should be sent courtesy copies of committee meeting minutes and regular updates on Board actions. · March Air Cargo Facility and French Valley Airport Joan Sparkman reported that French Valley Regional Airport received approval for funding for runway improvements and lighting. The runway extension was projected to be completed in 2004 with a cost of approximately $2.8 million. EDC Transportation and Infrastructure Committee Meeting Minutes - June 12, 2003 Page 2 of 3 Extension of EMWD Brine line David Phares suggested the committee invite Ron Sullivan to a meeting to discuss the possibility of a brine line extension into the Murrieta/Temecula area. He further reported the line was extended into Lake Elsinore. Committee Reports · CETAP - Joan Sparkman suggested the subcommittee attend monthly CETAP meetings held on the first Tuesday of each month in Moreno Valley at the Voters' Registration Office on Eucalyptus Street. There would be no meeting in July. · IRP - Diane Sessions reported the IRP Technical Working Group (TWG) met recently to finalize their recommended strategies of the jobs/housing imbalance between Riverside and San Diego Counties. Ms. Sessions further reported both she and Stevie Field would attend the quarterly 1RP Policy Committee meeting where the TWG recommended strategies would be presented. The Policy Committee is made up of elected officials from various cities in both counties including Lake Elsinore, Murdeta and Temecula. · French Valley and March Air Cargo Facility - Report provided above. · RCTC and RTA - No report. · Transportation Logistics - No report. Review Previous Action Items Diane Sessions reported that action items #7 and #9 from the May 2003 meeting were completed. Action items #1-6 and #8 would be carded to the next meeting. Previous Action Items (May 2003) 1. Diane Sessions to contact Bill Vardoulis to speak to the group about the "Tunnel to Orange County "project. (carried from May 2003 meeting) 2. Sonia Wilson to inquire about employee shuttle service into Southwest Riverside County. (carried from May 2003 meeting) 3. Sonia Wilson to obtain RTA bus routes/schedules into Southwest Riverside County from other areas and to obtain route maps. (carried from May 2003 meeting) 4. Bob Larsen to follow up on activities of Distribution Management Association of Southern California - Inland Empire. (carried from May 2003 meeting) 5. Diane Sessions to contact Phil Rizzo, Director of March Joint Powers Authority, for meeting dates/times. (carried from May 2003 meeting) 6. Roger Ziemer to invite Bill Blankenship with the BIA to attend committee meetings. (carried from May 2003 meeting) 7. Diane to create a roster of various Internet sites relevant to the Committee's focus. (carried from May 2003 meeting) New Action Items {June 2003): 1. David Phares to attend a joint meeting with the City of Lake Elsinore and MSHCP Focus Group on June 18. EDC Transportation and Infrastructure Committee Meeting Minutes - June 12, 2003 Page 3 of 3 2. David Phares to: a) determine what aspects of the proposed RCIP will negatively impact the City of Lake Elsinore and; b) make committee recommendations for further action to the EDC Board on June 19. 3. Diane Sessions to email the Committee and other partners the CETAP meeting schedule. Next Meeting Date The next scheduled meeting would be held on July 10, 2003 at 8:00 a.m. in the Workforce Development Center, 27447 Enterprise Circle West, Temecula. Adjourn The meeting adjoumed at 9:00 a.m. 26442 B~en Ct ,,, ECQN MIC ALLIANCE TO: FROM: DATE: SUBJECT: Bradley J. Hudson Assistant County Executive Officer Riverside County EDA Jim O'Grady Assistant City Manager City of Temecula Lori Moss Assistant City Manager City of Murdeta Marlene Best Assistant City Manager City of Lake Elsinore Stevie Field Manager, Business Development July 11, 2003 SOUTHWEST RIVERSIDE COUNTY MONTHLY MARKETING UPDATE Dear Partners: Please consider this an update on the marketing activities for the Alliance as required in the Southwest Rivemide County Marketing for Business Attraction Agreement. Leads A total of eight leads were generated during the months of May and June. Five of these leads were direct contacts to the Alliance via phone or web site response and three were as a result of the article in Expansion Management magazine. This last week I received the lead database for the Bio2003 trade show in Washington D.C. All lead letters will be mailed out by Wednesday, July 16th. I will send an Alliance kit to those leads that were specifically interested in the SWRC or San Diego region. Cuttinq Edqe Marketinq I am currently working with Cuffing Edge Marketing on the following projects: Branding Campaign/Focus group Demographic Report CD Rom Business Resource Guide Updates on these projects will be provided at our next Alliance meeting. GIS/Website Our GIS site continues to attract many visitors. During the month of June, we had a record 1266 visitors on our website and over 500 visitors on our GIS. Last month, I reported 78 sessionswere users in the Netherlands, this month that number has jumped to 347. I am currently working with Cutting Edge Marketing on the update of our website. Wewill be adding an additional link to the GIS, making it more visible on the front page as well as our most recent demographic data. We will also be adding additional links and more information on various pages. The e~pected completion date for this project is July 25th. Business Attraction Advisory Committee The BusinessAttractionAdvisoryCommittee (BAAC), met for thefirsttimeon May22nd. Itwasagreed that the branding campaign is a high priority and as a result, a focus group be conducted on July 24th. The purpose of this focus group is to assist the Alliance partners with ideas and direction for branding. Cutting Edge Marketing will conduct the focus group and provide the results to the committee in August. The BAAC is aware that the Alliance partners will decide which direction to go with the information gathered. Expansion Manaqement On behalf of the Alliance, I submitted an article regarding our GIS to Expansion Management Magazine. I am pleased to say that they picked up the article and published it in the June magazine. An extra bonus was the Biotechnology industry focus. This magazine is distributed both nationally and internationally as well as industry specific trade shows. Demographic Report The most recent demographic information has been gathered and is in the final review stages for our "At a Glance" demographic piece. The final proof should be available on Monday, July 14t~and once approved, will be printed and ready for distribution by July 23rd. As requested, I checked with the vendor, Applied Geographic Solutions, which GIS Planning uses for demographic information. Unfortunately, we would have needed to pay several soumes for the same information. Therefore, to avoid additional cost I used the most recent demographic information that was already gathered. Trade shows On behalf of the Alliance, I have attended the following trade show: · Bio2003 (Biotechnology) June 22-25 Washington DC Upcoming shows include: · CoreNet (Corporate Office Real Estate Network) October 1 l~h _ 15th Atlanta, GA "Taste of SWRC" Event I am starting to work on various components for the Fall '03 "Taste of SWRC' event. I recommend the th th ~ dates of October 24 - 26 . Similar to the Spring 02 event, we will launch the event with a panel luncheon, however, as discussed, we will follow the luncheon W~h a business tour of SWRC via air- conditioned bus. We will close the day with dinner at the Temecula Creek Inn. Saturday will be a day of relaxation on the golf course, day spa or in wine country and Sunday our guests will check out. Bridget, my assistant at 14th Street is checking out upcoming activities with the chambers as well as various events that may be scheduled in SWRC such as a concert at The Storm, etc. I have this on the agenda to discuss further at our regular meeting on July 30th. On an ongoing basis, I attend the following meetings: TemeculaJMurrieta Group Business Relations Committee SWRC EDC Transportation and Infrastructure Committee Government Action Committee Business Attraction Advisory Group LE EDC I-15-1 Partnership Meetings Economic Development meetings concerning the Southwest Riverside County region UCR Connect meetings If you need any additional information or have any questions, please contact me at (909) 600-6066. Sincerely, Stevie Field Manager, Business Development Copy: Belinda Graham John Viafora Robert Moran Teresa Gallavan FROM : TOM AND PAT MARTINEZ FAX NO. : 909-Z03-1218 Jul. 14 2003 08:33AM P2 TEMECULA VALLEY FILM COUNCIL TEMECULA VALLEY FILM COUNCIL ACTIVITIES REPORT JUNE 2003 Sunny Poulson Thomas Co-Presklc nt Phelps Co-President Ellen Watkhis Vice Prcsldc nt Patt~ $1aton l~ve Craig ]~aggle Allo~ Judl Staa~ OFFICERS & MEMBERS OF THE FILM COUNCIL: Pat Marlincz. Executive Director. Sunny Thomas, CO-Pr~sidgnt; Steve Pl~lps, CO-President; Ellen Watkins, Vic~ President; Patty Sla~on, Se~r~a~/Treasu~; Eve Craig; ludi Stmrts & Maggi Alien BUSINESS O1~ ~ FILM COUNCIL: Priority it~ns for the Film Council will continu6 a~ followsl * Contirl,,m the m~illng of new colore~ ~Discover Tcmecula~' flyer to producers ~ and location scouts. l~a~ meanhe~ am ~sslcting in the completion of thc sponsorship packages for thc Stud~m Film Festival to bc held in F~bnm~' of 2004. Upon completion, all board members will parfiCil~e in solicitation of sponsors. Thc next meeeng is scheduled for 3uly 15, 2003, All components ofthe production guide have been completed. Addhional photos wer~ takcn to offer a more comprehensive view of Temccu~- A disk of thcs~ photos will bc available. GaLl Simon of the Art Department is assembling all the various compan~ntS of the Production guide and has inforr~ed us that it should b~ ready for print by August 15th. At the last Board Meeting the 2004 Business Plan was discussed. Each Board Member is to submit thgix ickas for inclus/on ill the plato * The Movio Ext~ri~nc~ has be6u conlacted as a potential sponsor for thc Student Film Festival. Our request was two theaters on a Fdday or Saturday evening. * Working with Shed Davis, the Dffcctor of the Inland '~-mpire Film Commission, to cmaw workshops for the local High Schools to bring in produce~, writers and st~ud.~en gtc. * FurndRaiser: Board Memb/~ a~ s~king pogotial properties for a carnival site. Proceeds will bendit both the Student Film Festival and local high schools film club~- Tenta'~h,'c date, Oclobgr, 2003. E-re. at! tvfc~pc.net o www.t~meculafilm.org FROM : TOM AND PAT MARTINEZ FAX NO. : 909-503-1218 Jul. 14 2003 08:34AM P3 Activity Report for Februa-~' Page 2 USC Student Film ~Advcmtur~ in Vegas" was f~lmed for two days, June 28 alld 29th_ at various locations ia the Tcmecula Valley. Film crews stay~ at the Inn ar Churon Wine~'. Fi;ming took plac~ in Old Town Temecula, Wineries and Countrysid~ .5slare~, This short film is to be ~ubmitted to thc Sundancc Film Festival and the Canns Film F~tival, COUNCIL I~QUII~S: * Phone ~/l]s rccaived con~nuc ~ ~ ~mc ~ as ~ ~y. ~cr~ inq~s a~ * ~ ~uu~ ~ ~ ~ ~ in ci~ Off~ng ~ hom~ for filming ~d ~i~ ~¢n~ ~ ~1 ~h worn ~n r~iv~ Southern California's JUNE/DECEMBER2003JUNE/ VISITORS GUIDE 2003JUNE/DECEMBER2003JUNE/DECEM BER200~ What's happening' June 2003 1-8 Ontario Invitational Art Show Ranging from photography and oil paintings to ceramics and wood sculp- ture, the works of more than 100 artists are featured. Museum of History and Art, Ontario. (909) 983-3198 1, 7-8 & 14-15 Renaissance Pleasure Faire Festival of romance and revelry with entertainment, games of skill and chance, artisans, pageants, plays and much "eat, drink and be merry." Glen Helen Regional Park, Devote. www.renfair.com 909) 880-0122 6-8 Rolex Grand American Sports Car Series Weekend Grand Am action with swoopy SRP sports proto- types at apeeds approaching 200 mph on the amazing Sports Car course. California Speedway, Fontana. ~.californiaspeedway.com 909) 429-5000 6-8 Temeculn Valley Balloon & Wino Festival Colorful celebration with hot air balloons in spectacular sunrise ascensions and evening bal- loon glows, wine tasting, arts, crafts, food and entertainment. Lake Skinner, Temecula. www.tvbwf.com 909) 676-6713 7 Downtown Ontario Car Show Hot Rods, Harleys, food, entertain- ment, unique vehicls-themed shop- ping opportunities and live '50s and '60s Rock a' Roll. Spectators admitted FREE. Downtown Ontario on Euclid Ave. from Holt to 'G" St. (909) 985-0059 7 AirWar Over Italy Intriguing seminar recounting personal experi- ences plus exciting fl~igl~t d~monstra- tion. Planes of Fama~Air Museum, Chino. www.planesdffame.org {909) 597-3722 13-15 Huck Finn Jubilee California country music and btue- grass festival reliving the lives and times of Tom and Huck with raft building, circus, rides, mountain men activities, food, arts and crafts. Victorvitle. ~.huckfinn.com (909) 780-8810 15 Father's Day - Free Admiasion for Dads Historic aircraft inspire a genuine appreciation for the heritage of aviation. Planes of Fame Air Museum, Chino. vc,,c,v.pla nesoffame.org (909) 597-3722 16 Midwest Concert in the Park Delightful and nostalgic, an evening to remember with the Ontario/Chaffey Community Show Band. Admission is FREE. Gardiner Spring Auditorium, Ontario. (909) 988-5560 ext 2316 Jane 1B-August 24 The Package Deal: Discover the Art of Agriculture Exhibition features col- orful and fanciful agriculture crate labels illustrated from the 1880s through the 1940s in the development of a national marketing system. Museum of History and Art, Ontario. (909) 983-3198 20-22 Southern California Historic Sports Car Festival More than 300 historic racing curs battling for trophies in more than a dozen cat- egories. California Speedway, Fon- tana. www.califomiaspeedway.com )09) 429-5000 June ZO-August 17 The Music Man A heartwarming evening of family entertainment at its best. Candlelight Pavilion Dinner Theater, Claremont. www.candlelightpavilion.com (909) 626-1254 21 Open Sky Music Festival Live, original, world-class blues, jazz, and folk music, a Naw Orleans-inspired menu and a panoramic view as the backdrop. Big Bear Lake. ww"w.open- alrymusicfestival.com, (626) 355-9201 21-22 OLd Town Temecula S~rent, Painting Festival Colorful r~ural- style art includes recreations of well- known works plus original creations in chalk. Live musical entertainment. Spectators admitted FREE. Old Town Temecula, www.te meculacalifornia.- corn, (909) 694-6412 25 Downtown Ontario Summer Concert: Youth Talent Showcase Exciting variety of great music, food and children's crafts, Admission is FREE. Downtown Ontario on Euclid Ave, between "C" and "D' Sts. i(909) 395-2020 June 28-August 3 Pocahantas An original production presented in an intimate setting and championing the moral imagination, bifeHouse Theater, Redlands. wwYv.lifehou setheater.com (909) 335-3037 July 2003 2 Downtown Ontario Summer Conce~: Top 40, Latin and Variety Great music, food and children's crafts. Admission is FREE, Downtown Ontario on Euclid Ave. between "C" and "D" Sts. (909} 395-2020 4 Ontario Star-Spangled 4th o! July Celebration A gloriously full day of events and activities from 9 a.m.-9 p.m. Pre-Parade Entertain- ment; Independence Day Parade; Musical Blast at the Downtown Bandstand; Ali-States Picnic with designated flag-festooned tables for all 50 U.S. states, Mexico and Canada; Family Festivities with live entertainment, rides and carnival games; and Fireworks Spectacular brilliantly choreographed to music. Ontario. (909) 395-2020 4-6 Pechanga~ Inter-Tnbal Pow ,.Wow Native ~sricamdancers and drun~mers fro~ t~o~h~t the country and Canada, arts and crafts booths, and native foods. Pachanga Entertainment Center, Temecula. vvw~,oldt emecula.com/pechanga (909) 693-1821 5 L-Birds, Military Liaison Aircraft Intriguing seminar recount- ing personal experiences plus exciting flight demonstration, Pianos of Fame Air Museum, Chino. www.planesof* fame.org, (909) 597-3722 9 Downtown Ontario Summer Concert: West Coast Blues Great music, food and children's crafts. Admission is FREE. Downtown Ontario on Euclid Ave, between "C" and 'D" Sts. (909) 395-2020 16 Downtown Ontario Summer Concert: Singling, Juggling, Magic and Mime Great variety of music, entertainment, food and chg- dren's crafts. Admission is FREE. Downtown Ontario on Euclid Ave. between 'C" and "D' Sts. (909) 395-2020 19 Old Miners' Miss Clementine Contest & Old West Fashion Show Heirloom garments and vintage fash- ions am judged on authenticity, cre- ativity and attractiveness in cate- gories each as Best Family Group, Little Miss Ciementine, Granny Clementine and Miss Clementine. Big Bear Lake. www.oldminers.org (909) 666-0491 23 Downtown Ontario Summer Conce~ Reggae Great music, food and children's crafts, Admission is FREE. Downtown Ontario on Euclid Ave. between 'C" and "D" ets. (909) 395-2020 26 Old Miners' DoD Dna Parade & Logger's Jubilee Imaginative entries comprise the spoof cf the Old Miners' Parade that culminates within walking distance of the Logger's Jubilee at the historic Pedsrsen Saw Milk Fawn Skin, north shore Big Bear Lake. www.oldminers.org (909) 86§-0491 8 Southern CaJifornia's Ontario Visitors Guide · June/December 2003 30 Downtown Ontario Summer Concert: Jazz, Rhythm & Blues Great music, food and children's crafts. Admission is FREE. Downtown Ontario on Euclid Ave. between "C' and "D" Sts. (909) 395-2020 August 2003 1, 8, 15 & 22 Old Town Temecula Hot Summer Nights Historic district comes alive in the cool of the evening with live bonds, games and entertain- ment. Old Town Temecula. www.tameculacalif oraia.com (909) 694-6412 2 Korean Air War Intriguing semi- nar recounting personal experiences plus exciting flight demonstration. Planes of Fame Air Museum, Chino. ,~Nw.planesoffame.org (909) 597-3722 3 Old Miners' Days Aunuul Old Miners' Parade Rich in history and lore, trappers, miners and gunslingers parade with antique vehicles, military units, intriguing floats and marching bands galore. Big Bear Lake. www.oldminers.org, (909) 865-0491 3 Vine2Winu Celebration One big day of fun and romance: the beauty of the vineyards, BeQ and award-win- ning wine tasting. Temecula Valley Wine Country. wwvv.temecula- wines.erg, (909) 699-6586 6 Dowutown Ontario Summer CoucurC Latin end Salsa Great music, food and children's crafts. Admission is FREE. Downtown Ontario on Euclid Ave. between "C' and "D" Sts. (909) 395-2020 16-17 Oak Glen Western Days Presided over by Johnny Appleseed, features live country music, western gun fights, skits and dancing plus a BBC. Parrish Pioneer Apple Ranch, Oak Glen. ~.pardshranch.com, (909) 797-1753 Aagust 22-September 14 The Memory of All That, Au Evening with George Gershwin Erom his Tin Pan Alley roots to his marriage of jazz and c~assical music. Candlelight Pavilion Dinner Theater, Claremant. www.candlelightpaviliomcom (909) 626-1254 August 23-September 21 Wizard of Cz An original production pre- sented in an intimate setting and championing the moral imagination. LifeHouse Theater, Redlands. wvcw. lifehouseth eater.com (909) 335-3037 September 2003 September 1-November Oak Glen Apple Season Among the working apple farms and orchards, you'll find apple stands, sweet shops and bak- eries, U-pick and U-press options, fresh apples, pies, cobbler, jams jel- lies, candy appies, caramel apples, cider and more. Oak GLen. www.oak- glen.net, (909) 797-6833 6 British Air Power Featuring the Spitfire, an intriguing seminar recounting personal experieoces plus exciting flight demonstration, Planes of Fame Air Museum, Chino. www.planesoffame.org (909) 597-3722 16-14 Temecula Valley International Film & Music Festival An exciting event featuring the finest film and music talents from across America and all over the world. General screenings, music competi* tion, celebrating performances, festi- vel marketplace and more. Temecula. ,,~vw.tviff.com, (909) 699-6267 12-14 Big Bear Lake International Film Festival A fascinating cultural event showcasing emerging film tal- ent and independent films. Big Bear Lake. www.bigbearlakefilm- festival.com, (909) 429-5000 12-28 Los An6eles County Fair Much to see and do: rich tradition of education, art, horticultura, agriculture and livestock exhibits with quilt, and flower and garden displays, plus the tantalizing food of more than 250 con- cessionaires, 72 exciting carnival rides and more than 2,000 vendors selling their wares. Pomona Fairplex. wwwdacountyfair.com (909) 865-4050 18-21 Route 66 Rendezvous Nostalgic celebration of the historic road that crassus the U.S. Festive atmosphere with car enthusiasts from around the world, car rally, contests, cruise, food and entertainment. San ' 8ernardino. www.route-66.org (009) 889-3980 19-20 Indy Racing League Weekend Many of the best teams and drivers on the North American oval track scene compete at 200 mph speeds on the banked, 2-mile-long oval. California Speedway, Fontana. vrvwv.catiforniaspeedway.com {999) 429-5000 Septumber 19-November 16 Cabaret All troubles are forgotten as an eclectic cross section of 1926s Berlin nightlife is delightfully captured in music and dance. Candlelight Pavilion Dinner Theater, Claramont. www.candlegghtpavilion.com (909)626-1254 20-21 & 27-28 Big Bear Lake Oktoberlest Celebrate in true German fashion at Southern California's most authentic Oktoberfest. Savor the high-country mountain air, the Appentaler band, Lowenbrau beer direct from Germany and much family fun. Big Bear Lake. w'cc, v.bigbearla keoktoberf est.com (909) 585-3000 October 2003 October 1-December Olive Harvest Activities at the Historic Graber Olive House. Consistent with the same careful process used when C.C. Graber Co. was established in 1894, Graber olives are fully tree- ripened, carefully handpicked and cured so their full flavor and succu- lence are preserved. Tours are avail- able upon request; group tours by appointment. Graber Olive House, Ontario. www.graberalives.com (909) 983-1761 3-5 Cucamonga Grape Harvest Festival California's oldest such event with traditional grape stomps, wines of the inland valley, arts and crafts, food and live entertainment. Rancho Cucamonga. w,,~w.ran- chochamber.org/fest, (909) 987-1012 4 Air Power at Sea Featuring card- er-based fighters, an intriguing semi- nar recounting personal experiences plus exciting flight demonstration. Planes ef Fame Air Museum, Chino. www.planesoffame.org (909) 597-3722 4-5, 11-12, 18-19, & 25-26 Big Bear Lake Oktoberlest Celebrato in true German fashion at Southern California's most authentic 0ktoberfest. Savor the high-country mountain air, the Appentaler band, Lowenbrau beer direct from Germany and much family fun. Big Bear Lake. www.bigbearlakeaktoberfest com (909) 585-3000 5 Fiesta de la Familia Celebration of Hispanic Heritage month with dis- plays, exhibits, arts and crafts, chil- dren's activities, food and live enter- tainment on three stages. Downtown Riverside. ,,wwv.fiestadela- familia.corn, (909) 987-0073 11 Temeculu Fall Car Show & Old Town Cruise Show and cruise of classic cars, special interest vehicles, hot rods and custom cars with food and entertainment. Otd Town Temecula. (909) 699-1876 11-13 Calico Days Relive tho glory days of the 1880s at this mining cele- bration. WiId West parade, gunfight stunt exhibitions, old prospectors burro run, games and contests. Ca~ico Ghost Town, Yermo. (760) 254-2122 11-19 Farmers Fair & Festival Themed exhibits, livestock shows, exiting entertainment, exotic animals, headline concerts, carnival rides and more. Lake Perris. www.farmersfair.com, (909} 657-4221 24-26 Calico Ghost Haunt Maggie's Haunted Mine, China Town's Haunted Ruins, Calica's Terror Silver Train, pumpkin carving, costume contests, face painting and ghost sto- ries are among the attractions. Calico Ghost Town, Yerma. (760) 254-2122 November 2003 1 Flight Testing Featuring the NgM Flying Wing, an intriguing seminar recounting personal experiences plus exciting flight demonstration. Planes of Fame Air Museum, Chino. www. pJanesoffame.org (909) 597-3722 1-2 CART FedEx Championship SeriesWeekend With Hollywood flair, the big-name stars of stage and screen are right at home in the glare of CART's international spotlight as racing stars are forced to hustle 2g0- mph Champ Cars around a mix of road courses, street circuits, small bullrings and high-banked ovals on a globe- trotting quest for top honors. California Speedway, Fantana. www.californiaspeedway.com (909) 429-5000 1-2 & 8-9 Harvest Fair -- Old West Festival Dress Old West or Country and journey back to the 1880s with Old West re-enactments, history, live entertainment, vendors, food and excitement. San 8ernardino. wvca~.harvestfair.net, {909) 364-5426 I1 Veteran's Bay-- Free Admission for Veterans Historic aircraft inspire a genuine appreciation Southern California's Ontario Visitors Guide · June/December 2003 · World's Iorges~ ro£o£1~fg £rom · No£urw wollJS, I~lhlng · comping £ars ~fEry I~alf~onr startlnM at loam we~hdays: Ham weelJeuds and I~alldays P~ L ,h~ SPRIIqGS (BBB) 515-TRAM www.~tramwal,.cm,, for the heritage of aviation. Planes of Fame Air Museum, Chino. w'ww.planesoffame.org 909) 597-3722 15-16 Harvest Wine Celebretion A winery to winery sampling of new and unreleased wines perfectly paired with delicious food samples. Temecula Valley Wine Country, www.temeculawines.org (909) 699-6586 November 21-December 28 The Wonderlul World of Christmas Filled with heartwarming spirit and holiday joy, a spectacular production for the entire family. Candlelight Pavilion Dinner Theater, Claremont. www.candlelightpavilion.com (909) 626-1254 22-23 Wildlife Art Festival Hundreds of entries, dozens of artists on-site, carving demonstrations, family activities, live animals and wildlife art shop with paintings, carvings, sculptures and limited edition prints. San Beroardino County Museum, Redlande. www.co.san- bernardino.ca.us/museum {909) 307-2669 30 Hollywood Christmas Parade Celebrities, entertainers, musical acts, cars, floats and bands parade along Hollywood Boulevard in front of the world famous Greumann's Chinese Theater, Kodak Theater, historic Roosevelt Hotel, the Pantages Theater and other Hollywood landmarks. Hollywood. wveN.hollywoodchrist- mas.com, (323) 469-8311 December 2003 December 1-25 Chris,mas in Calico An Old West mining adven- ture dressed in Yultetide fashion with holiday decorations and gift shopping opportunities. Calico Ghost Town, Yermo. (760) 254-2122 6 Ontario's Christmas on Euclid 20th annual Handcrafted Arts & Crafts Fair with 300+ vendors, classic car shew, kids attractions and more. Anyone who has ever attended is sure to mark their calendars for this special event each year. (Rain date: Dec. 13) Downtown Ontario, Euclid Ave. (909) 984-2458 6 100 Years of Flight An intriguing seminar recounting personal experi- ences plus exciting flight demonstre- tion. Planes of Fame Air Museum, China. www.planesoffame.org (909) 597-3722 6 Covina Christmas Parade One of Southern California's favorites, the Covina parade includes bands, floats, decorated automobiles and nove{ties for an evening of holiday magic. Covina, www.ci.covina.ca.us (626) 858-7271 6-7 Indio International Tamale Festival Savor the 12th annual occasion of one of the greatest regional food festivals. Displays, exhibits, vendors, live entertainment of lots of tamales. Indio. www.tamalefestival.org (760) 342-6532 31 New Year's Eve Torchlight Parade & Fireworks Hundreds of skiers take a slow path down Log Chute run illuminating the mountain- side from top to bottom. Snow Summit, Big Bear. www.bighearmout- nainresorts.cem, (909) 886-5750 January 2004 I Tournament o1 Roues Parade & Rose Bowl Game More than one million spectators line the parade route along Colorado Boulevard for the time-honored, uniquely American New Year's Day celebration and salute to community spirit and pageantry. Then, college football's finest athletes compete at one of the most beautiful athletic venues in the country. Pasadena. www,tourna- mentofreses.com, (626) 449-4100 The above is based on information at time of pubgcation. You are encour- aged to contact venues directly. · 10 Southern California's Ontario Visitors Guide · June/December 2003 TEPPAN - YAKI & SvsI-IZ BAIt 7Samurai CbeJ3 (.e' 10 Grills To Cook Entertain I STEAK* CHICKENI SEAFOOD & COCKTAILS LUNCH MONDAY-FRIDAY DINNER OPEN 7 DAYs METI{OUNK ARROW HWY MONTCLAIR PLAZA WINERIES/ BREWERIES Golleeno Winery, Inc. 4231 Winevilln Mira Lama, CA 91752 {909) 685-5376; Fax: (909) 360-9180 Visit Cucamonga Valley's Historic Landmark Winery producing award- winning wines since 1933. Family- owned and operated, they are California's largest producer of Cucamonga Valley wines, and offer wine tastings daily in a relaxed, coun- try atmosphere. Tours available on weekends or by appointment. Wines, related food items, custom gift bas- kets, personalized labeling and mail orders may be purchased with a wide selection of wine accessories and unique gifts. J. Filippi Winery & Tasting Rooms 2803 E. Guasti Rd. Ontario-Guasti, CA 91743 (909) 390-6998 12467 Baseline Road Rancho Cucamonga, CA 91739 (909) 899-5755; Fax: (909) 899-9196 vcww. Joseph FilippiWinery.com The Joseph Filippi family, Cucamonga Valley winegrowers since 1922, is a living industry for the entire winemak- lng community. This fourth generation family-owned and operated winery has earned numerous awards for excel- lence including President's Award from '90 LA. CourtW Fair's Wines of Americas. Enjoy Cucamonga's premier winery! Daily 10 a.m.-6 p.m. Tours Wednesday through Sunday at 12 p.m. Large group tours by appoint- ment. Special tastings & wine events available. Gift shop, meeting rooms and art gallery. Sen Antonio Winery 2802 S. Milliken Ave. Ontario, CA 91761 (909) 947-3995; Fax: (909) 947-0617 www.personalizedwinela bols.co m Ontario's tasting room of the San Antonio Winery, is located in the countryside at the 60 Freeway and Milliken Avenue -- just 15 minutes from LA-Ontario International Airport. Enjoy free wine tasting of California's best wines, personalized wine labels, and an array of lovely gift baskets. · Big Bear Chamber of Commerce P.O. Box 2860 Big Bear Lake, CA 92315 (909) 866-4607; Fax: (909) 866-5412 www.bigbearchamber.com Visitor information available at Big Bear Chamber of Commerce Visitor Center, 630 Barlett Road in the village. Lodging, dining, shopping, recreation and various smvices. Whatever you may be looking for, they will help you find it. Business office and visitor center open Mon.-Fri. 8 a.m.-5 p.m., Sat. and Sun. 9 a.m.-5 p.m. City of Temecula 43200 Business Park Dr. P. O. Box 9033 Tamecula, CA 92589-9033 (909) 506-5100; Fax (909} 694-6499 w'wvv.ciWoftemecula.org The beautiful Temecula Valley offers 15 picturesque wineries, seven cham- pionship golf courses, historic Old Town, museum, unlimited shopping and antiques, outdoor recreation and hot-air ballooning. Temecula also hosts year-round entertainment: Balloon & Wine Festival, Rod Buns, Lake Arrowhead Communities Chamber P,O. Box 219 Lake Arrowhead, CA 92352 (909) 337-3715; Fax: (909) 336-1548 www.la kearrowhead.net A private, four-season mountain resort destination located one hour from Ontario. Come enjoy this historic playground of the rich, famous and infamous. Recreational activities are unlimited. A great place for both families and romantic getaways. Visit their Web site at www.lakearrowhead.net. Wrightwood Chamber of Commerce P.O. Box 416 Wrightwood, CA 92397 (760) 868-6670 Fax (760} 249-4320 Nestled in the east end of the San Gabriel Mountains -- and reachable without driving on any narrow, twist- lng mountain roads! There is a wide range of outdoor activities, while the village itself has a number of bed & breakfasts, restauraets and interest- I lng shops. An undiscovered gem that Wineries Barrel Tastings, ; seasoned travelers look for, · International Film & Music Festival, I Arts Festival, Pro Rodeo and More. ~ Southern Cagfornia's Ontario Visitors Guide * June/December 2003 Autumn Harvest of Opportunities in Southern California's Ontario Graber Olive House Established by C.C. Graber in 1894 and home of world famous Graber tree-ripened olives, the Graber Olive House is Ontario's oldest existing busi- ness. In October, November and December, visitors may view the many activities that center around the specialized tradition of grading, curing, canning and packaging Graber Olives. At peak production, the Graber cannery pulsates with the vibrancy of any modern fac- tory. Yet, only yards away, turn- of-the-century structures built by the founder still stand strong. Graber Olive House welcomes visitors daily and offers a sample of fine Graber Olives upon arrival. Tours are available upon request. Wine Country Wine aficionados and novices alike appreciate the opportunity to swirl, sniff and taste the wines of Southern California vintners on-site at their wineries. The excitement of harvest gears up in August and September: an ideal time to experience the promise of the 2003 vintages. The local wineries - Joseph Filippi, Galleano and San Ant- ohio - welcome visitors daily with exceptional hospitality. October 3, 4 & 5 is the Cuca- monga Harvest Festival California's oldest such celebra- tion and one of the few offering a traditional grape stomp. More wine country is within minutes of Ontario in the beautiful Temecula Valley. Disney's California Adventure & Disneyland August, September, Octo- ber, November and beyond - any time is a great time to discover the fun-filled attractions, memo- rable restaurants and exciting live shows at Disney's California Adventure and Disn-eyland, two theme parks for twice-the-fun nearby Southern California's Ontario. Disney's California Adven- ture captures the excitement of California with attractions such as virtual hang gliding, the world's fastest rushin' river raft ride, seaside amusements, a Hollywood Pictures Backlot plus A BUG'S LAND and Disney's Aladdin musical spectacular. From Main Street, USA and New Orleans Square to Adventureland, Frontierland, Fantasyland and Tomorrowland - Disneyland is a source of joy and inspiration to all the world, aptly described as The Nappiest Place on Earth. California Speedway CART Championships Nothing matches the excite- ment of sitting in the California Speedway's stands to watch the world's fastest autos race and set national and world records. With Hollywood flair, the big- name stars of stage and screen are right at home in the glare of CART's international spotlight weekend November I and 2 at the California Speedway. CART's FedEx Champion- ship Series is one of the toughest in the world with its stars forced to hustle brutish 200 mph Champ Cars around a mix of road courses, street circuits and high-banked ovals on a globe- trotting quest for top honors. Within Minutes... For fun and intriguing diversions, Ontario is the center of it all! Within minutes of LA-Ontario International Airport (ONT), is Southern Califor-nia Wine Country and more wineries are just a 45- minute, southern jaunt to Temecula Valley. Nestled in Ontario is the Graber Olive House, home of delicious olives enjoyed by genera- tions of families the world over. Within 11 minutes east of Ontario is the California Speedway, America's Ultimate Race Place. And to the west - just a 3S-minute drive - are Disney's California Adventure and Disneyland. throughout SERIT=MBER Oak Glen Apple Harvest season, Oak Glen. www. oakglen.net (909) 597-3722 SF. FI'B~BER 6 Ontario's Autumn HandcrMted Ar~s & Crafts Fair, Downtown Ontario. www. ontario.org (909) 984-2458 ~J' I ~r. MBER 10 through 22 Temecula Valley International Rim & Music Festival, Temecula. www;tviff.com (g0g) 696.6277 SEP31ENIBER 12 - 28 Los Angeles Count'/Fair, Pomona Faitplex. www. lasountyfair, com (g09) 865-4050 $1~t'BVIBER 18, lg, 20 & 21 Route 66 Rendezvous, Ban Bemardino. (9O9) a86.3980 SM'II=MBER 20 & 21 tndy Racing League Weekend, California Speedway, Fontana. wvvw. califo miaspeedway, com (g09) 42g-5000 ~ u.~BE~ lg - NOVE~IBER 16 Cabaret, Candlelight Pavilion Dinner Theater, Claremont. {g0g) 626-1254 www. candlelig htpavilion.co m ~.~ i~=MBER 20,21, 27 & 28 Big Bear Lake OktobeffesL Big Bear. www. big bearia keok~oberfest, com WHAT'S HAPPENING IN AND AROUND ONTARIO throughout OCTOBER throughout NOVEMBER throughout DECEMBER Olive Harvest activities, Historic Graber Oak Glen Apple Harvest season, Olive Harvest activities, Historic Graber Olive House, Ontario. (909) 983-1761 Oak Glen. w~vw.oakglen.net Olive House, Ontario. (909) 983-1761 www.graberolives.som (909) 597-3722 www.graberolives.com throughout OCTOBER throughout NOVEMBER DECEMBER 6 Oak Glen Apple Harvest season, Olive Rarvest activities, Historic Graber Ontario's Christmas on Euclid: 20th Oak Glen. www.oakglen.net Olive House, Ontario. Annual Handcrafted Ar~s & Crafts Fair, (9~9) 597-3722 vw~,v, graberolives.com (909) 983-1761 Ontado. w'~.~v.ontario.org (909) 984-2458 ' weekends in OCTOBI~ NOVEMBER 1 & 2 Big Bear Lake Oktoberfest, Big Bear. CART FedEx Championship Series DECEMBER 6 www. bigbeariakeoktoberfest.com Weekend, California Speedway, - Covina Christmas Parade, Covina. (909) 585-3000 Fontana. (909) 429-5000 www, ci,covina.ca.us (626) 858-7271 www.califo miaspeedway, som ; OCTOBER 3 DECEMBER 6 & 7 Alabama, Hyundai Pavilion at Glen NOVEMBER 6, 7, 8 & 9 Indic Intemational Tamale Festival, Helen. www.tickstmaster, com Holiday Craft Boutique, Ontario - Indic. www,tamalefestivaLorg (909} 886.8742 Convention Center. (909) 9814~585 . (760) 342~532 www.craftau nl[mited beutiq ues.com OCTOBER 3,4 & 5 ~ DECEMBER 6 through 23 Cucamonga Grape Harvest Festival, NOVEMBER 10 . Christmas Cancert At the Grove, Rancho Cucarnonga. (909) 987-1012 Salute to Veterans, Gardiner Upland. www. grovetheatre.com www. ranchochamber, org/fest Spring Auditorium, Ontario. ! (626) 858-7271 (909} 98~55co0 ex~ 2316 OCTOBEtt 5 DECEMBER 12 Fiesta de la Familia, Downtown NOVEMBER 15 & 16 Ontario's Las Posadas Procession, Rivers[de. vwvw. fiestadelfamilia.com Harvest Wine Celebration, Temecula Downtown Ontario. vvww.ontario.org (909)9874X)73 Valley Wine Country. {909) 699-6586 ~ (909) 984-2458 www. temeculawines.org OCTOBER 11 : DECB¥1BER 31 Fail Car Show & Old Town Cruise, Old NOVEMBER 21 - DECEMBER 28 ; New Year's Eve Torchlight Parade & Town Temecula. (809)695-1876 TheWonderfulWodd of Christmas, :,Fireworks, Snow Summit, Big Bear. Candlelight Pavilion Dinnerll~e~ter, ~ W,,',nN. bigbaarmountainresorta.com OCTOBER 11,12 & 13 Claremont. (909) 626-1254 ' .... ' i ' (909) 856-5766 Calico Days, Calico Ghost Town, Yermo. www. ca edleflg ht pavilio n.co m www.calicotown.com ..... '? - JANUARY 1 (760)254-2122 NOVEMBER 30 - Tournament of Roses Parade Hollywood Christmas Parade, · & Rose Bowl Game, Pasadena. (909) 585-3000 Hollywood. (323) 46oM~11 ~.www. toumarnentofroses, com www. horlywoodchristmas.com (626) 449-4100 The above is based on information at time of publication. You are encouraged to contact venues directly. Ontario 2000 Convention Center Way Ontario, California 91764 CITY OF TEMECULA Gloria Wolmck P.O.BOX 9033 Temecula, CA 92589 Ontario is the Gateway to Southern California Getting here is easy! Staying here is great! So much is so close by! For a FREE Southern California's Ontario Visitors Gui Call 800.455.5755 or 909.937.3031, or Fax 909.937.3080 TEMECULA - Temecula Valley Winegrowers Vine-2-Wine Celebration, Aug 2. Visit the vine- yards, attend an early evening BBQ and taste wines. Visitors meet the winemakers and tours are offered. $60 per person. 800-801-9463 or www. temeculawines.org Ninth Annual Temecula Valley International Film and Music Festival, Sep 10-22. The Film Festival will be showcasing the best in contemporary full-length features, shorts and student films by young, emerging filmmakers from all over the world. Thousands of people partake in the Hollywood -style revelry surrounding the film screenings, gala parties, and post ~ screening panics, live entertain- ~ ment, Viewer s Choice Competition and film making workshop series. The festival begins with an Opening Night Gala Dinner Party ~ featuring the presentation of a Lifetime Achievement Award to a film industry notable. The Closing Night Wrap Party includes the pre- <~ sentation of the Viewer's Choice · Awards to the directors and/or pro- ducers of the films that moviegoers ~ chose as their favorite. This September will also mark the second edition of the Music BIG BEAR LAKE Bio Bear Chamber of Commerce 630 Bartlett Rd, 877-866-5253 HEMET [HEMET VISITOR AND TOURISM COUNCIL We ad below ~ 68 Competition component of the festival. Sep 10, Film Opening Night Sep 11-14, General Screening Sep 20, MusicFest Showcase & Finals Sep 20-22, Festival Market Place Sep 13, Black Tie Gala Sep 13-14, Festival Workshop ' Series Sep 14, Early Morning Hot Air Balloon Ride Sep 22, Closing Day festivities Events are held at Tower Plaza, Movie Experience, corner of Ynez and Rancho California Roads. Event costs range from $5-$95. 909-699-6267 or www. tviff, com Hospice of the Valleys 6th Annual "A Day of Wine and Chocolate" Sep 28. The event, benefits the program development. Guests will enjoy tastings from Temecula wineries and choco- latiers. Other food tastings will include cheese, breads, and coffee. A bake-off, auction of chocolate goodies, silent auction and cook- book sale are planned. Souvenir glass and tray included with admis- sion. Music and entertainment is BIG BEAR LAKE rig BEAR SHORES See ad on following page iOLLOWAY'S MARINA & RV PARK 98 Edgemoor Rd./~.0, Box 2977, Gig 6ear Lake, CA 92315 09-866-5706- FAX 909-878-2628 CHINO pRADO REGIONAL PARK ~50 sites w,ffall hook-ups, 25 w~ater &'elect. for ~groups. 16799 Euc d Ave., Chino CA 909-597-4260 provided by jazz quartet I,t,3ndstream. Event is held from 3-7pm at Wilson Creek Winery. Donation of $30 per person, tickets go on sale Aug 1. 909-672-1666 Temecula on Stage, Aug 30. The area's top chefs and wineries will be showcased along with a variety of performance arts includ- ing local musicians, vocalists, actors and dancers. Event held from 6-10pm on Main Street, Old Town Temecula. 909-678-1456 Fall Concert on the Green, Sep 21. A summer concert series for the whole family. This year's CORONA GLEN iVY RV PARK TO HWY 91 & CORONA ;FARM TO LAKE HOT SPRINGS ELSiNORE GLEN VY RV PARK Secluded canyon oration*swimming, tennis, edge/bar store, club facilities. Public & clubs welcome. Membemhips a so avagable. 24601 Glen ivy Rd., Corona, CA 91719. Call for reservations and/or info packet. 909-277-4261. HEMET Daily, week y & monthly rotes Group discounts avail Across from Wal-Mart, Close to golf. 2750 W. Acacia, Hemet 92545. 888 925-2516 · Fax 909-925-8533. wvv~N.casadeisolrvpark.com se GOLDEN VILLAGE PALMS RV RESORT e ad in this section IMOURTAIN VALLEY RECREATI0,NAL VEHICLE PARKI P,a'~ w!th 1~i J~li h O~k~ ~S! anil' main~:e t~r c~: ! On ~ch site. TC rated 8 5/~ 0/9., '- '=,' '/ 235 So. Lyon Ave,, h~mri, dA ~2~3. : :: ~? [ RV Journal me is "Celebration of American usic" and the event is designed to ease the young and young at :art. At 5pm, Les Brown's Band of ~aeenOwn will entertain. The event is Id at the Temecula Duck Pond ommunity Park from 3-6pm and 5mission is free. 909-695-2787 RIVgR$1DE: Riverside Yednesday Night, Main Street ,edestrian Mall between 5th and ~ity Hall. 909-715-3439 every ~Nednesday until Sep 24. ~ Concerts in the Park, Fridays I[hrough August. Outdoor concerts ield at Citrus State Historic Park, om 6:30-8pm. 909-352-4098 UCR California Museum of hotography Annual Auction & ~und Raiser, Sep 6. Museum of 'hotography from 6-10 pm. VIuseum is located at 3824 Main treet. 909-787-5302. Family Village Festival, iep 20. A day of fun for all at the [iverside Municipal Museum. ?estival hours are 10am-6pm. ~9-826-5273 DYLLWI INTO DWCA 16th Annual Carving & Wildlife Art Festival, Sep 27-28. Art festival held at Riverside Elks Lodge from 9am-5pm. 909-928-2048 Farmers Fair & Festival, Oct 11-19. Lake Perris Fairgrounds from 1 lam-I lpm. 909-657-4221 BIG BE/ffi - Big Bear Discovery Center. Buffer Peak Expedition, Saturdays from Sep 21-Oct 25. Fire lookouts have a rich history in the forest and are strategically placed to see lots of territory. At over 8500 ft. Butler Peak provides a birds-eye view of miles of forest in every direction and, on clear days, some of the ocean! During the ride, the Naturalist will tell you the story of Id¥11w'ld County IDYLLWILO COUNTY PARK 202 acres camp rig, equestrian trail, hiking/interpretive trail, picnic facilit es. Reservations recommended. 800-234-?275. MOUNT SAN JAClNTO STATE PARK idyllwild Campground ~ ' Stone Creek Campground ~909-659-2607, Res: 800-444-7275 ROYAL PINES RV PARK 26350 Delano Drive · P.O. Sox 277, Idyllwild, CA 92549] 909-659-2691. the fire lookouts and help you get some great pictures. You do have to work a little to get the views you want, but if you're up for a bumpy road, a short hike on a rough trail, and some steep stairs, you'll be handsomely rewarded. Tours nm from 9am-12pm, cost is $30 for adults, $20 for kids age 3-16. Reservations recommended. 909-866-2611 How To's on the Forest, Saturdays through Aug 23~. One hour long talks, workshops and demonstrations will enhance your adventure in the forest. Every Saturday in the summer from 1-4pm you can pan for gold, learn to use a compass, or enjoy a variety of other programs. Each program is $5 for adults and $3 for kids (3-16) 69 []