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01232024 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11]. AGENDA TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JANUARY 23, 2024 - 6:00 PM COUNCIL MEMBER ZAK SCHWANK TO PARTICIPATE ELECTRONICALLY VIA ZOOM FROM: HOLIDAY INN 300 J STREET SACRAMENTO, CALIFORNIA CLOSED SESSION - 5:30 PM CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to one matter of pending litigation: Solana Winchester, LLC v. City of Temecula, et al. (Riverside Superior Court Case No. CVRI2304109). CALL TO ORDER: Mayor James Stewart INVOCATION: Pastor Cale Fauver of Southwest Christian Church FLAG SALUTE: Mayor James Stewart ROLL CALL: Alexander, Kalfus, Schwank, Stewart PRESENTATIONS Presentation by Riverside County Transportation Commission Regarding Draft Traffic Relief Plan BOARD / COMMISSION REPORTS Race, Equity, Diversity and Inclusion Commission PUBLIC SAFETY REPORT County of Riverside, Fire Department (CAL FIRE) PUBLIC COMMENTS - NON -AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the City Council on matters not Page 1 City Council Agenda January 23, 2024 listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten minutes will be devoted to these reports. CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the City Council on matters on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images maybe displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. Attachments: Agenda Report 2. Approve Action Minutes of January 9, 2024 Recommendation: That the City Council approve the action minutes of January 9, 2024. Attachments Action Minutes 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Page 2 City Council Agenda January 23, 2024 4. 5. Attachments: Agenda Report RPcnlntinn List of Demands Award Construction Contract to California Waters Development, Inc., dba California Waters for Community Recreation Center Splash Pad & Shade Structure Project, PW21-07 Recommendation: That the City Council: 1. Approve the transfer of $820,000 of Measure S funds from the Community Recreation Center Renovations project, PW 19-07 to the Community Recreation Center Splash Pad & Shade Structure project, PW21-07; and 2. Award a construction contract to California Waters Development, Inc., dba California Waters, in the amount of $1,840,406 for the Community Recreation Center Splash Pad & Shade Structure project, PW21-07; and 3. Authorize the City Manager to approve construction contract change orders up to 10% of the contract amount, $184,040.60; and 4. Make a finding that the Community Recreation Center Splash Pad & Shade Structure project is exempt from Multiple Species Habitat Conservation Plan fees. Attachments: Agenda Report Contract Project Location Project Description Correspondence with Aster Construction Services, Inc. Approve Second Amendment to the Agreement with Mike's Precision Welding, Inc., for Welding Maintenance Services Recommendation: That the City Council approve the second amendment to the agreement with Mike's Precision Welding, Inc., for welding maintenance services, in the amount of $50,000, for a total agreement amount of $150,000. Attachments: Agenda Report Second Amendment RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND/OR THE TEMECULA PUBLIC FINANCING AUTHORITY Page 3 City Council Agenda January 23, 2024 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President Zak Schwank ROLL CALL: Alexander, Kalfus, Schwank, Stewart CSD PUBLIC COMMENTS - NON -AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. CSD CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Community Services District request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 6. Approve Action Minutes of January 9, 2024 Recommendation: That the Board of Directors approve action minutes of January 9, 2024. Attachments: Action Minutes CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTOR REPORTS CSD ADJOURNMENT The next regular meeting of the Temecula Community Services District will be held on Tuesday, February 13, 2024, at 5:00 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 4 City Council Agenda January 23, 2024 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO MEETING TEMECULA HOUSING AUTHORITY - NO MEETING JOINT MEETING - TEMECULA PUBLIC FINANCING AUTHORITY/CITY COUNCIL CALL TO ORDER: Chair James Stewart ROLL CALL: Alexander, Kalfus, Schwank, Stewart TPFA/COUNCIL PUBLIC COMMENT A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. A total of 30 minutes is provided for members of the public to address the City Council on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. TPFA/COUNCIL CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Temecula Public Financing Authority request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 7. Approve and Adopt Resolutions of Intention to Form CFD 23-02 (Prado), Authorize the Levy of Special Taxes on Property in CFD No. 23-02, Incur Bonded Indebtedness for CFD No. 23-02 and Approve Related Documents and Agreements Recommendation: That the Board of Directors/City Council adopt resolutions entitled: RESOLUTION NO. TPFA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS Page 5 City Council Agenda January 23, 2024 INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN - PRADO RESOLUTION NO. TPFA 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.23-02 (PRADO) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT RELATING TO THE FINANCING OF PUBLIC IMPROVEMENTS AND MUNICIPAL SERVICES, AND IMPLEMENTATION OF AN ACQUISITION AGREEMENT - CFD 23-02 (PRADO) Attachments: Agenda Report TPFA Resolution - Establish CFD TPFA Resolution - Bonded Indebtedness CC Resolution - JCFA and Acquisition Agreement Petition City - JCFA Acquisition Agreement EMWD - JCFA TVUSD - JCFA TPFA/COUNCIL EXECUTIVE DIRECTOR REPORT TPFA/COUNCIL BOARD OF DIRECTOR REPORTS TPFA/COUNCIL ADJOURNMENT The next regular meeting of the Temecula Public Financing Authority will be held on Tuesday, February 13, 2024, at 5:00 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 6 City Council Agenda January 23, 2024 RECONVENE TEMECULA CITY COUNCIL DEPARTMENTAL REPORTS (RECEIVE AND FILE) 8. Community Development Department Monthly Report Attachments: Agenda Report Planning Activity Report 9. Fire Department Monthly Report Attachments: Agenda Report Fire Monthly Report 10. Police Department Monthly Report Attachments: Agenda Report 11. Public Works Department Monthly Report Attachments: Agenda Report Project Status Report.docx ITEMS FOR FUTURE CITY COUNCIL AGENDAS Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any such request will be discussed under this section. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. This description shall not exceed 3 minutes. No substantive discussion on the subject of the motion may occur. Items may only be placed on the agenda by Council Members pursuant to policy or by the City Manager based on administrative or operational needs of the City. Public comments on the placement of these agenda items shall be limited to a maximum of 30 minutes. Individual comments shall not exceed 3 minutes. All public participation is governed by the Council Policy regarding Public Participation at Meetings and Agenda Placements by Council Members adopted by Resolution No. 2021-54. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, February 13, 2024, at 5:00 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 7 City Council Agenda January 23, 2024 NOTICE TO THE PUBLIC The full agenda packet (including staff reports, public closed session information, and any supplemental material available after the original posting of the agenda), distributed to a majority of the City Council regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444. Page 8 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 23, 2024 SUBJECT: Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City's website and will be available in print at the meeting prior to the introduction or passage of the ordinance. Unless otherwise required, the full reading of the title and text of all ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JANUARY 9, 2024 - 6:00 PM CALL TO ORDER at 6:00 PM: Mayor James Stewart INVOCATION: Sylvester Scott of Baha'is of Temecula FLAG SALUTE: Mayor James Stewart ROLL CALL: Alexander, Kalfus, Schwank, Stewart PRESENTATIONS Presentation to Incoming/Outgoing Mayor and Temecula Community Services District President Presentation of Years of Service Pins to Commissioners Gary Oddi (5), Adam Ruiz (5), James Richardson (10), Gary Watts (15) Presentation of Certificate of Remembrance to Family of Lynn Fanene, Former Community Services Officer for the City of Temecula Presentation by Anne Mayer, Executive Director for the Riverside County Transportation Commission, Regarding the Smart Freeways Project BOARD / COMMISSION REPORTS Community Services Commission PUBLIC SAFETY REPORT County of Riverside, Riverside County Sheriffs Department PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) addressed the City Council: • Daniel Molina • Jeanette Marie Bassi • Derek Davis • Melissa Bourbonnais • Yolanda • Laurel LaMont • Denyse Wilson • Daryl Terrell • Payem Daneshvar • Cory M. Robinson Sr. • Scott Duncan • Jessica Christopher PUBLIC COMMENTS - AGENDA ITEMS The following individual(s) addressed the City Council: • Melanie Nieman (Item #22) • Melissa Bourbonnais (Item #22) • Laurel LaMont (Item #22) • Lori Trask (Item #22) • Tiffany Richter (Item #22) CITY COUNCIL REPORTS CONSENT CALENDAR • Derek Osborne (Item #22) • Larry Slusser (Item #22) • Jessica Christopher (Item #22) • Connor Rathlan (Item #22) • Lynn Pennock (Item #22) Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (4-0): Motion by Schwank, Second by Alexander. The vote reflected unanimous approval. 1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. 2. Approve Action Minutes of December 12, 2023 Recommendation: That the City Council approve the action minutes of December 12, 2023. 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2024-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. Adopt Ordinance No. 2023-14 Amending Title 16 and 17 of the Temecula Municipal Code to Implement the Requirements of Senate Bill 9 (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE NO.2023-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE REQUIREMENTS OF SENATE BILL 9 ("SB 9") (2021) AND MAKE A FINDING THAT THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO FA 5. C 7. 8. 9. GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N), AND CEQA GUIDELINES SECTIONS 15303 AND 15061(B)(3) Receive and File Citywide Year -End Report Highlighting 2023 Accomplishments Recommendation: That the City Council receive and file the citywide year-end report highlighting 2023 accomplishments. Approved the Staff Recommendation (4-0): Motion by Schwank, Second by Kalfus. The vote reflected unanimous approval. Approve Annual City Council Protocol Manual for the 2024 Calendar Year Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2024-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY COUNCIL PROTOCOL MANUAL RELATED TO POLICIES GOVERNING THE OPERATIONS OF THE CITY COUNCIL Approve Annual Boards, Committees and Commissions Handbook for the 2024 Calendar Year Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2024-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE BOARDS, COMMITTEES AND COMMISSIONS HANDBOOK Approve Annual Proclamation List for the 2024 Calendar Year Recommendation: That the City Council approve the annual proclamation list for the 2024 calendar year. Approve Annual Legislative Platform for the 2024 Calendar Year Recommendation: That the City Council approve the annual legislative platform for the 2024 calendar year. 10. Approve Annual Citywide Records Retention Schedule and Records Destruction for the 2024 Calendar Year Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2024-04 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING REVISIONS TO THE ESTABLISHED CITYWIDE RECORDS RETENTION SCHEDULE, THEREBY AMENDING AND RESTATING THE RECORDS RETENTION POLICY, AND APPROVING THE DESTRUCTION OF CERTAIN RECORDS 11. Approve Resolution Designating Certain City Officials to Execute Applications and Documents for Grant Funding through the Department of Homeland Security, State of California and Riverside County Recommendation: That the City Council adopt this resolution entitled: RESOLUTION NO. 2023-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DESIGNATING AND AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE PURPOSES OF OBTAINING FEDERAL FINANCIAL ASSISTANCE PROVIDED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY AND SUB -GRANTED THROUGH THE STATE OF CALIFORNIA AND THE COUNTY OF RIVERSIDE 12. Approve Consultant Agreement with STC Traffic, Inc. for the Safety Lights and Signal Communications Upgrade - Citywide, PW23-13 Recommendation: That the City Council: 1. Approve a consultant agreement with STC Traffic, Inc., in the amount of $317,730, for the Safety Lights and Signal Communications Upgrade - Citywide, PW23-13; and 2. Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $31,773, which is equal to 10% of the agreement amount. 13. Approve Consultant Agreement with International Cybernetics Company, LP dba IMS Infrastructure Management Services, for the Pavement Management Program Update, PW23-09 Recommendation: That the City Council: 1. Approve the Agreement for consultant services with International Cybernetics Company, LP dba IMS Infrastructure Management Services, in the amount of $99,980, for the Pavement Management Program Update, PW23-09; and 2. Authorize the City Manager to approve extra work authorizations not 4 14. 15. 16. 17. to exceed the contingency amount of $9,998, which is equal to 10% of the agreement amount. Approve First Amendment to UtilityAgreement with Southern California Edison Company for the I-15/French Valley Parkway Improvements - Phase II Project, PW16-01 Recommendation: That the City Council approve the first amendment to the utility agreement with Southern California Edison Company to amend the total estimated cost to $1,714,000 for relocation of utilities necessary for the I-15/French Valley Parkway Improvements - Phase II Project, PW16-01. Approve First Amendment to Consultant Agreement with T.Y. Lin International for the I-I5/French Valley Parkway Improvements - Phase II, PW16-01 Recommendation: That the City Council approve the first amendment to the agreement for consultant services with T.Y. Lin International in an amount not to exceed $150,000, to provide continued construction support during construction of the I-15/French Valley Parkway Improvements - Phase II, PW 16-01. Approve Third Amendment to Consultant Agreement with EXP U.S. Services Inc. for the Santa Gertrudis Creek Trail Phase II - Margarita Under -Crossing, PW19-04 Recommendation: That the City Council approve the third amendment to the agreement for consultant services with EXP U.S. Services Inc. for the Santa Gertrudis Creek Trail Phase II - Margarita Under -Crossing, PW 19-04, increasing the agreement amount by $156,809.57. Approve Increase to the Construction Contingency Authorization for the Citywide Concrete Repairs, PW23-17 Recommendation: That the City Council: Approve an increase to the construction contingency for the Citywide Concrete Repair Project, PW23-17 by $100,000; and 2. Increase the City Manager's construction contract change orders approval authority by $100,000. 18. Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the I-15/SR-79S Interchange Enhanced Landscaping Project, PW17-19 Recommendation: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the I-15/SR-79S Interchange Enhanced Landscaping Project, PW17-19. RECESS: At 7:39 PM, the City Council recessed and convened as the Temecula Community Services District Meeting, Successor Agency to the Temecula Redevelopment Agency Meeting, and Temecula Public Financing Authority Meeting. At 7:42 PM the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL BUSINESS 22. Consider Appointment of Person or Election to Fill Vacancy in Council District 1 Pursuant to Government Code Section 36512 Recommendation: That the City Council consider the vacancy in District 1 resulting from the resignation of Curtis Brown and take one of the following actions to address the vacancy pursuant to Government Code Section 36512: 1. Appoint a person to serve as the Council Member for District 1 through the certification of the November 2024 general municipal election, when the person elected will serve the last two years of the District 1 term. 2. Direct staff to initiate an application process, after which Council will appoint a person to serve as the Council Member for District 1 through the certification of the November 2024 general municipal election, when the person elected will serve the last two years of the District 1 term. 3. Take no action to appoint a person to serve as the Council Member for District 1, operate as a four -person City Council through the certification of the November 2024 general municipal election, when the person elected will serve the last two years of the District 1 term. Motion for option number 3, take no action (3-1): Motion by Schwank, Second by Alexander. The vote reflected unanimous approval with Kalfus opposing. 23. Consider Appointments to City Council Committees for Calendar Year 2024 Recommendation: That the City Council appoint members to serve on committees for calendar year 2024 and approve related City Council Committee Appointments List. Motion to make appointments as discussed (4-0): Motion by Alexander, Second by Kalfus. The vote reflected unanimous approval. DEPARTMENTAL REPORTS (RECEIVE AND FILE) 24. Police Department Monthly Report ITEMS FOR FUTURE CITY COUNCIL AGENDAS CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 8:40 PM, the City Council meeting was formally adjourned to Tuesday, January 23, 2024, at 5:00 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. James Stewart, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: January 23, 2024 SUBJECT: Approve List of Demands PREPARED BY: Tricia Hawk, Finance Manager RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: 1. Resolution 2. List of Demands RESOLUTION NO.2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $9,312,687.56. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of January, 2024. James Stewart, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of January, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA LIST OF DEMANDS 12/26/2023 - 1/5/2024 TOTAL CHECK RUN: 1/4/2024 TOTAL PAYROLL RUN: 8,519,061.08 793,626.48 TOTAL LIST OF DEMANDS FOR 1/23/2024 COUNCIL MEETING: $ 9,312,687.56 Check # Check Date Vendor # Vendor Invoice # Description Invoice Net 301195 01/04/2024 1236 ALL AMERICAN ASPHALT 1167405 ASPHALT SUPPLIES, PW STREET MAINTENANCE $535.09 301195 01/04/2024 1236 ALL AMERICAN ASPHALT 1168035 ASPHALT SUPPLIES, PW STREET MAINTENANCE $676.50 301195 01/04/2024 1236 ALL AMERICAN ASPHALT 1168034 ASPHALT SUPPLIES, PW STREET MAINTENANCE $50.00 601209 01/04/2024 1397 ALLIE'S PARTY EQUIPMENT RENTAL INC 1-112563.1.5 CHRISTMAS DINNER SUPPLIES: HUMAN SERVICES: TCSD $416.00 601209 01/04/2024 1397 ALLIE'S PARTY EQUIPMENT RENTAL INC 1-110638.1.12 RENTAL EQUIPMENT FOR COLLEGE FAIR $404.07 601167 12/28/2023 1418 AMAZON.COM, INC IKRH-MG9L-LDTY MISC SUPPLIES: FINANCE $190.97 601167 12/28/2023 1418 AMAZON.COM, INC 1HXT-7Y7X-9NN3 MISC SUPPLIES: SPORTS: TCSD $3,262.00 601167 12/28/2023 1418 AMAZON.COM, INC 176F-IC67-Y793 MISC SUPPLIES: SPORTS: TCSD $3,705.90 601167 12/28/2023 1418 AMAZON.COM, INC 1DQW-XLIP-4KD3 MISC SUPPLIES: INFO TECH $59.64 601167 12/28/2023 1418 AMAZON.COM, INC IYJ6-VQ3Y-FR9Q MISC SUPPLIES: TVM $80.34 601210 01/04/2024 1418 AMAZON.COM, INC 141W-QJGP-K9VV MISC SUPPLIES:TVM $77.49 601210 01/04/2024 1418 AMAZON.COM, INC IPDM-GICG-77TH MISC SUPPLIES: HOMELESS OUTREACH: TCSD $29.35 601210 01/04/2024 1418 AMAZON.COM, INC 1P7N-MYXR-69WF SUPPLIES/EQUIPMENT: POLICE $40.41 601210 01/04/2024 1418 AMAZON.COM, INC 19JF-4HLQ-F7RR MISC SUPPLIES: SPORTS: TCSD ($326.20) 601210 01/04/2024 1418 AMAZON.COM, INC 1L6R-MHV4-FJMQ SUPPLIES: MPSC & MRC $284.39 601210 01/04/2024 1418 AMAZON.COM, INC 136J-N776-H9YF MISC SUPPLIES: WORKFORCE DEV $185.02 601210 01/04/2024 1418 AMAZON.COM, INC 131K-C6MH-QNL4 MISC SUPPLIES: CRC $30.40 601210 01/04/2024 1418 AMAZON.COM, INC IYV9-WYQP-99GW MISC BOOKS: RHRTPL: TCSD $498.85 601210 01/04/2024 1418 AMAZON.COM, INC 1H3P-11QW-KC6V D DUPLICATE PAYMENT MISC BOOKS: RHRTPL: TCSD ($744.88) 601168 12/28/2023 1277 AMERICAN BATTERY CORPORATION T 100048 BATTERIES: PW FACILITY MAINT $485.77 601211 01/04/2024 1261 AMERICAN FORENSIC NURSES 78394 DRUG ALCOHOL ANALYSIS: PD $129.72 601211 01/04/2024 1261 AMERICAN FORENSIC NURSES 78393 DRUG ALCOHOL ANALYSIS: PD $1,303.24 601169 12/28/2023 2485 AMERICAN HEART ASSOCIATION INC SCPR148899 CPR PROGRAM SUPPLIES: MEDIC $3,332.00 601212 01/04/2024 1080 AMERICAN RED CROSS 22647414 STAFF 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IRRIGATION REPAIRS AT VARIOUS LOCATIONS $138.77 601192 12/28/2023 2578 NIEVES LANDSCAPE INC 76555 IRRIGATION REPAIRS AT VARIOUS LOCATIONS $324.56 601192 12/28/2023 2578 NIEVES LANDSCAPE INC 76559 IRRIGATION REPAIRS AT VARIOUS LOCATIONS $302.96 601192 12/28/2023 2578 NIEVES LANDSCAPE INC 76557 IRRIGATION REPAIRS AT VARIOUS LOCATIONS $230.59 Check # Check Date Vendor # Vendor Invoice # Description Invoice Net 601193 12/28/2023 2578 NIEVES LANDSCAPE INC 76556 IRRIGATION REPAIRS AT VARIOUS LOCATIONS $208.69 601194 12/28/2023 2578 NIEVES LANDSCAPE INC 76546 IRRIGATION REPAIRS: VARI SLOPES: PW $228.34 601192 12/28/2023 2578 NIEVES LANDSCAPE INC 76547 IRRIGATION REPAIRS: VARI SLOPES: PW $258.73 601192 12/28/2023 2578 NIEVES LANDSCAPE INC 76548 IRRIGATION REPAIRS: VARI SLOPES: PW $452.29 601192 12/28/2023 2578 NIEVES LANDSCAPE INC 76549 IRRIGATION REPAIRS: VARI SLOPES: PW $284.06 601192 12/28/2023 2578 NIEVES LANDSCAPE INC 76550 IRRIGATION REPAIRS: VARI SLOPES: PW $309.64 601192 12/28/2023 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2496 OLD TOWN TIRE AND SERVICE INC 73507 VEHICLE MAINTENANCE -PARKS&FACILITIES $1,594.48 601194 12/28/2023 2496 OLD TOWN TIRE AND SERVICE INC 73510 VEHICLE MAINTENANCE - PARKS&FACILITIES $1,489.08 601194 12/28/2023 2496 OLD TOWN TIRE AND SERVICE INC 73472 VEHICLE MAINTENANCE -STREET MAINTENANCE $232.93 601237 01/04/2024 2496 OLD TOWN TIRE AND SERVICE INC 73406 VEHICLE MAINTENANCE -STREET MAINTENANCE $67.16 601237 01/04/2024 2496 OLD TOWN TIRE AND SERVICE INC 73684 VEHICLE REPAIR / MAINTENANCE: PD $57.46 301222 01/04/2024 3492 ORLEANS AIDA 63402799 REFUND: EXCURSION: MPSC $40.00 601238 01/04/2024 1164 P V P COMMUNICATIONS INC 134010 MOTOR HELMET COMMUNICATION $3,964.09 301223 01/04/2024 3476 PALADIN HOLDINGS TEMECULA LLC 12/11/23 REFUND: FEES B22-4482 $48,519.58 601195 12/28/2023 1589EE#363 12/11/23 REIMB: MISC SUPPLIES: PW $120.16 601239 01/04/2024 2468 PLACEWORKS INC 82975 OLD TOWN PARKLETS PROGRAM: PLANNING $15,060.11 601196 12/28/2023 3271 POWERSPORTS UNLIMITED INC 46844 VEHICLE REPAIR & MAINT:TEM SHERIFF $1,285.96 601196 12/28/2023 3271 POWERSPORTS UNLIMITED INC 46877 VEHICLE REPAIR & MAINT: TEM SHERIFF $1,394.93 601240 01/04/2024 1493 PREMIER MARKETING INC 3106 PERFORMANCE/EVENTS: TCSD $4,500.00 601197 12/28/2023 1336 PRUDENTIAL OVERALL SUPPLY 132227223 FLOOR MATS AND TOWEL RENTALS: FACILITIES $14.32 601197 12/28/2023 1336 PRUDENTIAL OVERALL SUPPLY 132227225 FLOOR MATS AND TOWEL RENTALS: FACILITIES $19.88 601197 12/28/2023 1336 PRUDENTIAL OVERALL SUPPLY 132227224 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 601197 12/28/2023 1336 PRUDENTIAL OVERALL SUPPLY 132227213 FLOOR MATS AND TOWEL RENTALS: FACILITIES $9.89 601197 12/28/2023 1336 PRUDENTIAL OVERALL SUPPLY 132227206 FLOOR MATS AND TOWEL RENTALS: FACILITIES $24.52 601197 12/28/2023 1336 PRUDENTIAL OVERALL SUPPLY 132227212 FLOOR MATS AND TOWEL RENTALS: FACILITIES $12.74 601197 12/28/2023 1336 PRUDENTIAL OVERALL SUPPLY 132226681 FLOOR MATS AND TOWEL RENTALS: FACILITIES $10.28 601197 12/28/2023 1336 PRUDENTIAL OVERALL SUPPLY 132227929 FLOOR MATS AND TOWEL RENTALS: FACILITIES $10.28 601197 12/28/2023 1336 PRUDENTIAL OVERALL SUPPLY 132227928 UNIFORMS: STREET MAINTENANCE $68.17 601197 12/28/2023 1336 PRUDENTIAL OVERALL SUPPLY 132227926A UNIFORMS: PARKS AND FACILITIES $67.92 601198 12/28/2023 1336 PRUDENTIAL OVERALL SUPPLY 132227926B UNIFORMS: STREET MAINTENANCE $5.67 301224 01/04/2024 2727 QUADIENT FINANCE USA INC PPLN0l 12/10/23 POSTAGE SERVICES: PD $261.78 301190 12/28/2023 2124 QUICKSERIES PUBLISHING INC 108120 EMERGENCY PREPAREDNESS SUPPLIES: EM SPECIAL EVENTS $3,227.57 301225 01/04/2024 1103 R C P BLOCK & BRICK INC 33016168 MISC MASONRY SUPPLIES: PARKS: PW $130.72 301191 12/28/2023 2535 RANCHO RUNNERS INC 98495 EXP MAIL DLVY SVCS: FIRE $45.00 601241 01/04/2024 1076 RANCHO TEMECULA CAR WASH DEC'23 DEC CAR WASH SVCS: POLICE $18.01 601242 01/04/2024 3349 RECREONICS INC 0013628143-001 6" ANTIWAVE LANE LINES: TCSD $4,995.79 601199 12/28/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60172170-00 MISC HVAC SUPPLIES: TCC: TCSD $9.83 601199 12/28/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60172162-00 ICE MACHINE MAINT: FIRE STATIONS $26.84 601199 12/28/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60172161-00 ICE MACHINE MAINT: FIRE STATIONS $40.37 601199 12/28/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60172050-00 ICE MACHINE MAINT: FIRE STATIONS $49.65 601200 12/28/2023 2203 REMOTE SATELLITE SYSTEMS INTL 00125863 PHONE SERVICE FOR EOC $505.05 601201 12/28/2023 1150 RICHARDS WATSON AND GERSHON 245439 NOV 2023 LEGAL SERVICES $1,170.00 601201 12/28/2023 1150 RICHARDS WATSON AND GERSHON 245438 NOV 2023 LEGAL SERVICES $1,395.50 601201 12/28/2023 1150 RICHARDS WATSON AND GERSHON 245437 NOV 2023 LEGAL SERVICES $361.00 601201 12/28/2023 1150 RICHARDS WATSON AND GERSHON 245435 NOV 2023 LEGAL SERVICES $17,105.88 601201 12/28/2023 1150 RICHARDS WATSON AND GERSHON 245442 NOV 2023 LEGAL SERVICES $1,290.00 601201 12/28/2023 1150 RICHARDS WATSON AND GERSHON 245441 NOV 2023 LEGAL SERVICES $3,540.00 601201 12/28/2023 1150 RICHARDS WATSON AND GERSHON 245453 NOV 2023 LEGAL SERVICES $90.00 601201 12/28/2023 1150 RICHARDS WATSON AND GERSHON 245451 NOV 2023 LEGAL SERVICES $390.00 601201 12/28/2023 1150 RICHARDS WATSON AND GERSHON 245466 NOV 2023 LEGAL SERVICES $1,144.46 601243 01/04/2024 1150 RICHARDS WATSON AND GERSHON 245057 OCT 2023 LEGAL SERVICES $3,555.00 601243 01/04/2024 1150 RICHARDS WATSON AND GERSHON 245440 NOV 2023 LEGAL SERVICES $240.00 601243 01/04/2024 1150 RICHARDS WATSON AND GERSHON 245436 NOV 2023 LEGAL SERVICES $987.00 601243 01/04/2024 1150 RICHARDS WATSON AND GERSHON 245434 NOV 2023 LEGAL SERVICES $5,873.05 601243 01/04/2024 1150 RICHARDS WATSON AND GERSHON 245449 NOV 2023 LEGAL SERVICES $420.00 601244 01/04/2024 1150 RICHARDS WATSON AND GERSHON 245443 NOV 2023 LEGAL SERVICES $64.00 601243 01/04/2024 1150 RICHARDS WATSON AND GERSHON 245444 NOV 2023 LEGAL SERVICES $660.00 601243 01/04/2024 1150 RICHARDS WATSON AND GERSHON 245455 NOV 2023 LEGAL SERVICES $243.00 601243 01/04/2024 1150 RICHARDS WATSON AND GERSHON 245458 NOV 2023 LEGAL SERVICES $1,835.00 601243 01/04/2024 1150 RICHARDS WATSON AND GERSHON 245456 NOV 2023 LEGAL SERVICES $9,092.90 601243 01/04/2024 1150 RICHARDS WATSON AND GERSHON 245465 NOV 2023 LEGAL SERVICES $1,322.50 601244 01/04/2024 1150 RICHARDS WATSON AND GERSHON 245448 NOV 2023 LEGAL SERVICES $120.00 301226 01/04/2024 3479EE#650 12/04/23 REIMB:UNIFORMS $155.39 301192 12/28/2023 2635 RIVERSIDE CO PUB SAFETY ENTERPRISE COMMUNICATION PE0000001356B EMERGENCY RADIO RENTALS: EOC $102.62 301227 01/04/2024 2635 RIVERSIDE CO PUB SAFETY ENTERPRISE COMMUNICATION PE0000001421 EMERGENCY RADIO RENTAL: PD $1,395.67 301228 01/04/2024 1042 RIVERSIDE CO SHERIFFS DEPT SH0000044675 SHERIFF PATROL SVCS: PD $2,842,386.34 601202 12/28/2023 1353 EE#352 12/14/23 REIMB:UNIFORMS $63.03 301229 01/04/2024 1025 SAN DIEGO UNION -TRIBUNE 10093646469A 2024 SUBSCR: PW 10093646469 $259.60 301229 01/04/2024 1025 SAN DIEGO UNION -TRIBUNE 10093646469E 2024 SUBSCR:PW 10093646469 $259.60 601245 01/04/2024 1552 SANBORN GWYNETH A CO TEMECULA MUSIC ACADEMY PERF: 12/16/23 USER LICENSE AGREEMENT: COUNTRY LIVE! 12/16/23 $741.00 601203 12/28/2023 2008 SARNOWSKI SHAWNA PRESTON 012132023 MPSC/HUMAN SERVICES PHOTOGRAPHY $275.00 Check» Check Date Vendor N Vendor Invoice # Description Invoice Net 601203 12/28/2023 2008 SARNOWSKI SHAWNA PRESTON 12062023 PHOTOGRAPHY SVCS: WORKFORCE PROGRAMS: TCSD $375.00 601203 12/28/2023 2008 SARNOWSKI SHAWNA PRESTON 12162023 MISC. PHOTOGRAPHY SERVICES $300.00 601246 01/04/2024 2008 SARNOWSKI SHAWNA PRESTON 12092023 MUSEUM/AGE PHOTOGRAPHY SVCS $275.00 601246 01/04/2024 2008 SARNOWSKI SHAWNA PRESTON 13122023 MUSEUM/ACE PHOTOGRAPHY SVCS $275.00 601246 01/04/2024 2008 SARNOWSKI SHAWNA PRESTON 012142023 PHOTOGRAPHY SVCS: TEAM PACE $300.00 301230 01/04/2024 2360 SB&O INC 1123028 ENGINEERING & SURVEY SVCS: PW-CIP, PW22-15 $18,334.90 301231 01/04/2024 3177 SELECT ELECTRIC INC 3597-01 TRAFFIC SIGNAL -SYSTEM UPGRADE $35,792.87 601204 12/28/2023 1509 SHERRY BERRY MUSIC PERF: 12/07/23 TICKET SERVICES AGREEMENT: JAZZ@THE MERC 12/7/23 $685.00 601247 01/04/2024 1509 SHERRY BERRY MUSIC PERF: 12/14/23 TICKET SERVICES AGREEMENT: JAll@THE MERC 12/14/23 $360.50 601247 01/04/2024 1509 SHERRY BERRY MUSIC PERF: 12/21/23 TICKET SERVICES AGREEMENT: JAZZ@THE MERC 12/21/23 $740.00 301232 01/04/2024 1202 SHIVELA MIDDLE SCHOOL BAND 12/14/23 TRANSPORTATION STIPEND $200.00 301233 01/04/2024 1870 SKYFIT TECH INC 2023000509-DEPOSI FITNESS EQUIPMENT: FOC GYM $2,037.20 601205 12/28/2023 1061 SMART & FINAL INC 12/18/23 MISC SUPPLIES: MRC, MPSC, AND SFSP: TCSD $272.60 601248 01/04/2024 3170 SMER RESEARCH 1 LLC 50026 NOV SOLAR GENERATION: VARI LOCATIONS $26,703.93 601206 12/28/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290133 ROUTINE PEST CONTROL: FACILITIES: PW $36.00 601206 12/28/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289901 BEE REMOVAL SVCS: CRC: PW $94.00 601206 12/28/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289967 ROUTINE PEST CONTROL SERVICES: FIRE STATIONS $48.00 601206 12/28/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290147 ROUTINE PEST CONTROL: FACILITIES: PW $90.00 301234 01/04/2024 3211 SPANISH BRASS 12/14/23 HOSPITALITY THEATER CONTRACTS: TCSD $100.00 301235 01/04/2024 1028 STADIUM PIZZA INC 12/13/23 WORKFORCE DEV: TCSD $68.01 301236 01/04/2024 1452 STAPLES BUSINESS CREDIT 7905148090-0-1 MISC OFC SUPPLIES: THEATER: TCSD $105.48 601249 01/04/2024 1263 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 703832 NOV BLOOD & ALCOHOL ANALYSIS: PD $350.00 601249 01/04/2024 1263 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 703939 SEP BLOOD & ALCOHOL ANALYSIS: PD $35.00 601250 01/04/2024 1495 STURDIVANT ANGELA P 3200.101-3205.101 TCSD INSTRUCTOR EARNINGS $487.20 301237 01/04/2024 2521 T AND G GLOBAL LLC INV-2814 PMT 2 TREE INSTALL/REMOVAL & HOLIDAY DECOR: TCSD $25,112.50 301238 01/04/2024 2261 T MOBILE USA INC 9553461081 TIMING ADVANCE: TEM SHERIFF $25.00 301238 01/04/2024 2261 T MOBILE USA INC 9554167844 TIMING ADVANCE: TEM SHERIFF $75.00 301239 01/04/2024 1212 T Y LIN INTERNATIONAL 102312147 I-15/ FRENCH VALLEY PARKWAY IMPROV $58,794.06 601207 12/28/2023 2372 TELECOM LAW FIRM PC 16435 WIRELESS PLANNING SUPPORT SVCS: COMM DEV $623.10 301240 01/04/2024 1031 TEMECULA VALLEY HIGH SCHOOL 12/14/23 TRANSPORTATION STIPEND $200.00 301241 01/04/2024 1203 THOMPSON MIDDLE SCHOOL BAND 12/14/23 TRANSPORTATION STIPEND $200.00 601252 01/04/2024 2089 TNT ENTERTAINMENT GROUP LLC 23639 DJ/MC/SOUND SERVICES: SPECIAL EVENTS $7,745.00 601208 12/28/2023 1152 TOP LINE INDUSTRIAL SUPPLY LLC 464200 MAINTENANCE SUPPLIES: STREET MAINTENANCE: PW $262.57 301193 12/28/2023 1647 TSI INCORPORATED 91702003 SOUND METER CALIBRATION: CODE ENFORCEMENT $288.07 301194 12/28/2023 2508 TURBOSCAPE INC 13844 MISC PLAYGROUND WORK AT VARIOUS PARKS: PW $22,560.00 601253 01/04/2024 1555 TV CONVENTION AND VISITORS BUREAU OCT'23 OCT'23 BUS. IMPRV DISTRICT ASMNTS $235,354.10 601254 01/04/2024 1876 TWM ROOFING INC 12/14/23 ROOF PREVENTATIVE MAINTENANCE: FACILITIES PW $13,840.00 601255 01/04/2024 2340 TWOS COMPANY INC 2405501 MISC SUPPLIES: GIFT SHOP: TCSD $287.64 601256 01/04/2024 1652 ULINE INC 171671556 STORAGE CABINET: TCSD $1,107.14 301242 01/04/2024 3495 VALENCIA MARIA 12/18/23 REFUND: DUPLICATE PAYMENT $39.00 301243 01/04/2024 1845 VERIZON WIRELESS 9951411502 11/11-12/10 TASK FORCE TABLETS: POLICE $416.55 301244 01/04/2024 3493 VISTA VERDE MIDDLE SCHOOL COUGAR MARCHING BAND 12/14/23 TRANSPORTATION STIPEND $200.00 601257 01/04/2024 2034 WADDLETON JEFFREY L 2800.204-2810.204 TCSD INSTRUCTOR EARNINGS $2,333.80 601257 01/04/2024 2034 WADDLETON JEFFREY L 1186 TEEN ZONE MOVIE NIGHT DJ: TCSD $525.00 301245 01/04/2024 1102 WAXIE SANITARY SUPPLY INC 82157736 JANITORIAL SUPPLIES FACILITY MAINT:PW $3,174.85 301245 01/04/2024 1102 WAXIE SANITARY SUPPLY INC 82157344 JANITORIAL SUPPLIES: PARKS: PW $1,545.66 301246 01/04/2024 1178 WSP USA INC 1379966 CLIMATE ACTION PLAN LR23-0083 $4,163.89 Total $8,519,061.08 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: January 23, 2024 SUBJECT: Award Construction Contract to California Waters Development, Inc., dba California Waters for Community Recreation Center Splash Pad & Shade Structure Project, PW21-07 PREPARED BY: Avlin R. Odviar, Principal Civil Engineer William Becerra, Associate Engineer II RECOMMENDATION: That the City Council: 1. Approve the transfer of $820,000 of Measure S funds from the Community Recreation Center Renovations project, PW 19-07 to the Community Recreation Center Splash Pad & Shade Structure project, PW21-07; and 2. Award a construction contract to California Waters Development, Inc., dba California Waters, in the amount of $1,840,406 for the Community Recreation Center Splash Pad & Shade Structure Project, PW21-07; and 3. Authorize the City Manager to approve construction contract change orders up to 10% of the contract amount, $184,040.60; and 4. Make a finding that the Community Recreation Center Splash Pad & Shade Structure project is exempt from Multiple Species Habitat Conservation Plan fees. BACKGROUND: On April 25, 2023, the City Council approved the plans and specifications and authorized the Department of Public Works to solicit construction bids for the Community Recreation Center Splash Pad & Shade Structure Project, PW21-07. The Community Recreation Center Splash Pad & Shade Structure Project, (Project) is an infrastructure project that will include the conversion of the existing kiddie pool into a splash pad and the addition of shade structures. The construction contract was publicly advertised October 25 through November 30, 2023. Three (3) bids were received and publicly opened on Thursday, November 30, 2023. The results were as follows: Rank Bidder Bid Amount 1. California Waters Development, Inc. $ 1,840,406.00 2. Armstrong Cal Builders, Inc. $ 2,650,000.00 3. Aster Construction Services, Inc. Non -responsive Aster Construction Services, Inc. has been deemed as non -responsive because they did not complete the required Subcontractors List/Bidders List, page P-5 of the contract documents. Staff could not consider a late submission of a completed P-5 Subcontractor List received from Aster Construction Services, Inc. as it would provide an unfair competitive advantage over other bidders. Staff has been in communication with Aster Construction Services, Inc. on this matter and correspondence is attached. Staff has reviewed the bid proposals and found California Waters Development, Inc., dba California Waters, of Yorba Linda, California is the lowest responsible bidder. California Waters Development, Inc. has public contracting experience and has successfully completed similar projects for the City. The Engineer's Estimate of construction cost was $1,102,000.00. The construction contract allows for 120 working days (approximately 6 months) to construct the Project. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Intergraded Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) MSHCP Mitigation Fee Implementation Manual adopted by Resolution 2020-013 on December 7, 2020. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Since July 1, 2008, the RCA has required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 days of construction contract award. Fees outside the public right-of-way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvement projects are 5% of construction costs. In this case, the Project is a rehabilitation to an existing development project that does not result in additional usable area and as such, it is exempt from MSHCP fees. FISCAL IMPACT: The Community Recreation Center Splash Pad & Shade Structure Project, PW21-07 is included in the City's Capital Improvement Program Fiscal Years 2024-28. The source of funds is Measure S. With approval to transfer $820,000 in Measure S funds, there will be sufficient funds in the project account to cover the contract amount of $1,840,406.00 plus the 10% contingency of $184,040.60 for a total encumbrance of $2,024,446.60. There are sufficient funds in the Community Recreation Center Renovations project for the transfer. ATTACHMENTS: 1. Contract 2. Project Location 3. Project Description 4. Correspondence with Aster Construction Services, Inc. CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT for COMMUNITY RECREATION CENTER SPLASH PAD & SUN SHADE PROJECT NO. PW21-07 (REBID) THIS CONTRACT, made and entered into the 91 day of January, 2024 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and California Waters Development, Inc., dba California Waters 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 COMMUNITY RECREATION CENTER SPLASH PAD & SUN SHADE, PROJECT NO. PW21-07 (REBID), Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (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 COMMUNITY RECREATION CENTER SPLASH PAD & SUN SHADE, PROJECT NO. PW21-07 (REBID). Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 990 Park Center Drive, Suite E Vista, CA 92081 (760) 734-1113 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 COMMUNITY RECREATION CENTER SPLASH PAD & SUN SHADE, PROJECT NO. PW21-07 (REBID). 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. C-1 CONTRACT 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. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: COMMUNITY RECREATION CENTER SPLASH PAD & SUN SHADE, PROJECT NO. PW21-07 (REBID) 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. 3. 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. 4. 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 MILLION EIGHT HUNDRED FORTY THOUSAND FOUR HUNDRED SIX DOLLARS AND ZERO CENTS ($1,840,406.00), the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed One Hundred Twenty (120) working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City. 5. CHANGE ORDERS All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS a. Lump Sum Bid Schedule: Before submittal of the first payment request, the Contractor shall submit to the Director of Public Works 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 Director of Public Works may require. This schedule, as approved by the Director of Public Works, 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 30 days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95% of the value of the work* completed according to the bid schedule. Payment request forms shall be submitted on or about the 30th day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made 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. C-z CONTRACT c. Payment for Work Performed: 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. d. Payment of Interest: Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES /EXTENSION OF TIME a. Liauidated Damages: In accordance with Government Code Section 53069.857 Contractor agrees to forfeit and pay to City the sum of $1,000 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. b. Extension of Time: 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. Within ten calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within 30 calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City. 8. 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. 9. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov, Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1720.9, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777,51 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 $200.00 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. This project, work, or service will be subject to compliance C-3 CONTRACT monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771 A. 10. TIME OF THE ESSENCE Time is of the essence in this contract. 11. 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 the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, 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 Contractor. 12. 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. 13. CONFLICT OF INTEREST Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially 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 nor any person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids. 14. 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. 15. NOTICE TO CITY OF LABOR DISPUTES Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall c-a CONTRACT immediately give notice thereof, including all relevant information with respect thereto, to City. 16. 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. 17. 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 plants 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. 18. 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. 19. 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. 20. PROHIBITED INTEREST No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the speccations or approval of this project or will administer this project shall have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the Contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. 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. C-5 CONTRACT 22. 23 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 and Delivery Address: INSURANCE. Patrick A. Thomas, PE Director of Public Works / City Engineer City of Temecula 41000 Main Street Temecula, CA 92590 The Contractor shall procure and maintain, for the duration of the Contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance: Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability Form No. CG 00 01 11 85 or 88. 2. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3. Worker's' Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Contract, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. Minimum Limits of Insurance: The Contractor shall maintain limits no less than: 1. General Liability: Two Million Dollars $2,000,000 per occurrence for bodily injuryI personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: One Million Dollars $1,000,000 per accident for bodily injury and property damage. 3. Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars $1,000,000 per accident for bodily injury or disease. Deductibles and Self -Insured Retentions: Any deductibles or self-insurance retentions shall not exceed Twenty -Five Thousand Dollars $25,000. Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, c-s CONTRACT employees, and volunteers are to be covered as insureds as respects to liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. 4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this Contract shall be endorsed to state in substantial conformance to the following: If the policy will be cancelled before the expiration date the insurer will notify in writing to the City of such cancellation not less than 30 days prior to the cancellation effective date. 6. If insurance coverage is cancelled or reduced in coverage or in limits, the Contractor shall within two business days of notice from the insurer, phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-, VII or better, unless otherwise acceptable to the City. Self- insurance shall not be considered to comply with these insurance requirements. Verification of Coverage: Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. ca CONTRACT 24. RECOVERED MATERIALS AND SOLID WASTE DISPOSAL ACT Contractor agrees to comply with all requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247, 25. TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT Contractor shall not procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities. Covered equipment also includes video surveillance and telecommunications equipment or services provided by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, any subsidiary or affiliate of such entities, and any entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 26. COMPLIANCE WITH LAWS The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents, and shall comply with all grant or funding terms and conditions applicable to the Contract and/or the work. 27. CLAIM DISPUTE RESOLUTION In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Contract or this project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must present a claim in accordance with the Government Claims Act as a prerequisite to prosecuting any claim against the City. The filing or prosecution of a claim in compliance with Section 9204 and/or Article 1.5 (if applicable) does not in any way obviate the need to timely present a claim under the Government Claims Act, or in any toll the expiration of any limitations period for the timely presentation of a claim under the Government Claims Act. c-a CONTRACT IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: �23 3 CONTRACTOR: California Waters Development, Inc., dba California Waters 23311 E. La Palma Ave. Yorba Linda, CA 92887 (949) 528-0900 leads@califorp is%aters.com Mark Pitman Print or type NAME President Print or type TITLE* Print or type NAME Secretary, Chief Financial Officer Print or type TITLE* (*Signatures of two corporate officers required for Corporations) DATED: ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CITY OF TEMECULA ey: James Stewart, Mayor C-9 CONTRACT >r 1-41 Community Recreation Center Splash Pad and Shade Structures PW21-07 JW 1 ' ,ytr,•. oo. i v ZI4. U'+ ioo. i rcei WGS_1984_Web_Mercator _Auxiliary_Sphere © Latitude Geographics Group Ltd. This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend i•.; City of Temecula Boundary Parcels L Street Names Highways . HWY . INTERCHANGE . INTERSTATE OFFRAMP ■r ONRAMP . USHWY Creeks ❑ Cities Streets <Null> PAVED PROPOSED UNPAVED Notes Alk c7" The Heart of Southern California Wine Country City of Temecula Fiscal Years 2024-28 Capital Improvement Program COMMUNITY RECREATION CENTER SPLASH PAD & SHADE STRUCTURES Parks/Recreation Project Project Description: This project provides for the conversion of the CRC's kiddie pool into a splash pad, and the addition of shade structures throughout the pool area. Benefit: This project will provide City residents an additional splash pad for enhanced recreational opportunities. Core Value: Healthy and Livable City Project Status: Project design will commence in Fiscal Year2022-23. Department: Public Works - Account No. 210.290.999.205 / PW21-07 Level: I 2023-24 Prior Years 2022-23 Proposed 2024-25 2025-26 2026-27 2027-28 Total Project Project Cost: Actuals Adjusted Budget Projected Projected Projected Projected Cost Administration 30,392 69,608 69,549 169,549 Construction 1,000,000 212,598 1,212,598 Design & Environmental 150,736 149,264 300,000 Total Expenditures 181,128 1,218,872 282,147 1,682,147 Source of Funds: Measure 5 I 160,1301 1,239,870 282,147 I 1,682,147 Total Funding 1 160,1301 1,239,870 282,147 1,682,147 Future Operating & Maintenance Costs: Total Operating Costs 166 City of Temecula 41000 Main Street • Temecula, California 92590 Phone (951) 694-6411 • temeculaca.gov VIA EMAIL December 11, 2023 Wadih E. Daher Aster Construction Services, Inc. 1666'/ Mccadden Place Los Angeles, CA 90028 SUBJECT: Bid Proposal submitted by Aster Construction Services, Inc. PROJECT: Community Recreation Center Splash Pad & Sun Shade, PW21-07 (Rebid) -- Notice of Non -Responsive Bid Mr. Daher: On November 30, 2023, Aster Construction Services submitted a bid proposal via Planetbids for the Community Recreation Center Splash Pad & Sun Shade Project, PW 21-07. The City also received bid proposals from California Waters Development Inc. and Armstrong Cal Builders, Inc. After careful review of the submitted proposal, several discrepancies were noted that pertain to the completion of Subcontractors List/Bidders List, page P-5 of the contract documents. Notably, the following items/information were not completed: • Bid Item Number ■ Percent of Bid Item • Certified DBE (Yes or No) • Last Year's Gross Receipts • Percent of Total Bid Included is the Subcontractor's List/Bidders List that was submitted with your proposal, along with the Subcontractor's List/Bidders List that were submitted by California Waters Development and Armstrong Cal Builders. The other two contractors submitted forms that were completely filled out. For this reason, staff intends to recommend that the City Council deem Aster Construction Services bid as non -responsive at the January 9, 2024 City Council meeting. If you dispute the foregoing, please submit any formal response/protest within 3 business days of the date of this letter. If you require additional information, please do not hesitate to contact me. Sincerely, G&� &Gea William Becerra Associate Engineer II - CIP cc: Patrick A Thomas — Director of Public Works / City Engineer Avlin Odviar— Principal Civil Engineer— CIP Ron Moreno — Assistant Director of Public Works Amer Attar — Engineering Manager, Public Works CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS SUBCONTRACTORS LIST / BIDDERS LIST for COMMUNITY RECREATION CENTER SPLASH PAD & SUN SHADE PROJECT NO. PW21-07 (REBID) PRIME CONTRACTOR: Aster Construction Services PRIME CONTRACTOR DBE?: YES ❑ NO ❑ As required by California State Law and in conformance with Title 49 of US Code of Regulations, Part 26, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work. ALL SUBCONTRACTORS REGARDLESS OF DOLLAR VALUE SHALL BE LISTED. The General Contractor shall state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if the General Contractor specifies more than one subcontractor for the same portion of work to be performed under the Contract in excess of one-half of one percent, the General Contractor agrees that it is fully qualified to perform that portion and that it shall perform that portion. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. The Bidder's attention is directed to Labor Code Section 1725.5, which provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a Bid proposal, subject to the requirements of Public Contract Code Section 4104, or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. - — — - --- _ — -- LICENSE NO. OF DIVISION OF WORK OR BID ITEM PERCENT SUBCONTRACTOR CERTIFIED LAST YEAR'S ! PERCENT TRADE NUMBER OF BID NAME & ADDRESS OF SUBCONTRACTOR /DIR DBE (YES GROSS OF TOTAL ! ITEM REGISTRATION OR NO) RECEIPTS (a) BID NO. water play I I Hydrology Group Inc, 17 1 1034751 CA 92630 shade structure Loom Recreation 1067651 Survey Landmark Consulting, 4373 Viewb idge Ave, Suile A, San Diego, CA (0191 Notes: (1) Used on Federal -aid contracts in conformance with Title 49 CFR 26, for establishing Annual DBE Goals. Indicate million, if between $1 million and $5 million, if greater than $5 million. (2) If alternate bids are called for, and C ntra to subcontractors on the alternates, the Contractor must provide a separate list of subcontractors for each alternatep fJ5Vgffsof,0 Bidder pWimate aynt if under $1 to use cligrent or additional Wi,Lnay bffade if necessary. PROPOSAL P-5 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS SUBCONTRACTORS LIST / BIDDERS LIST for COMMUNITY RECREATION CENTER SPLASH PAD & SUN SHADE PROJECT NO. PW21-07 (REBID) PRIME CONTRACTOR: California Waters Development Inc, dba Cafifomia Waters PRIME CONTRACTOR DBE?: YES ❑ NO W As required by California Stale Law and in coMormance with Title 49 of US Code of Regutati°ns, Part 26, tfte Goreral Contract., biddingwill herefnafferstate the subcontractor wllo will be the subcontractor on the job for each particular trade or subdwision of the work ALL SUBCONTRACTORS REGARDLESS OF DOLLAR VALUE SHALL BE LISTED, The General Contractor&hall state the firm name and principal location of the milt shop, or office of each. If a General contractorfaifs to scecify asubcontracao., or A the General Contractor specifies more lhan one subcontractor for the same portion of work to be performed under the Contract in excess of one-ba? of one percent, the General Contractor eigrees L t its rutty qua, to perform that portion and that it shell perform that ponlon. REGISTRATION YNTH THE DEPARTMENT OF INDUSTRIAL RELATIONS. The Bldder's attention is directed to tabor Code SeoUcn 1725.5, which provides that a contractor or subcontractor shall not be quallfted to bid on, ba listed In a gid proposdt subject to the requirements of Public Contract Cade Section 4l,04, or ergage In the padormatice °f any contract that Is s*ect to tabor Code Section 1720 et seq., unless currently registered and quatiFled to perform public work pursuant to Libor Code Section 1725.5. This proje.t is sub;ac; to campliarxe monitoring and enfofcement by 'he Daparimert of Industrial Relations, I- ENSE NO. OF SUBCONTRACTOR DMSION OF WORK OR BID ITEM PERCENFNAME TRADE NUMBER OF BID& ADDRESS OF SUBCONTRACTOR IDIR ITEM REGISTRATION No. CERTIFIED DBE (YES OR NO) LASTYEAR'S GROSS RECEIPTS (a) PERCENT OF TOTAL BID Electrical 1 D S P Electrical Contractors, Inc CSLB: 928856 7 H 74 Unit R310 Lake Efsirdre, CA 92532 DIR: 1000013287 No N/A Sun Shade 1 Shade Structures CSLB: 989458No A'O814 PO Box 3467 Co ell, TX 75019 DIR:1000003533Fencing NIA 4% All League Fence Ce CSLB:98631631 Sonora Are, San Bernardino, CA 92404 DIR: 1000018901 No NIA 1 Turf 1 2% Biltright Turf CSLB: 1016328 _ . PO Box 1627 Temecula, CA 92592 DIR: 1000041367 No N/A 2% Splash Pad SUrfaCing inside Edge Commercial Interior Service, LLC CSLB: 105T554 1 2% 2700 Blue Water Rd, Suite 400 Eagan, MN 55121 DIR: 1000536764 No N/A 2% NOteS: (1) Used on Federafaid contracts in conformance with Title 49 CFR 26, for establishing Annual DBE Goals. million, if between $1 miffion and $5 million, if greater than $5 million. (2) If alternate bids are called for, and Contractor subcontractors on the alternates, the Contractor must provide a separate list of subcontractors for each aftemat (3) C Indicate approximate intends t s this form amount if to use different or may be made if under $1 additional necessary. %Oigndturif of Bidder PROPDSAL P-5 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS SUBCONTRACTORS LIST / BIDDERS LIST for COMMUNITY RECREATION CENTER SPLASH PAD & SUN SHADE PROJECT NO. PW21-07 (REBID) PRIME CONTRACTOR: Armstrong Cal Builders Inc PRIME CONTRACTOR DBE?: YES ❑ NO El As required by California State Law and in conformance with Title 49 of US Code of Regulations, Part 26, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work. ALL SUBCONTRACTORS REGARDLESS OF DOLLAR VALUE SHALL BE LISTED. The General Contractor shall state the fine name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if the General Contractor specifies more than one subcontractor for the same portion of work to be performed under the Contract in excess of one-half of one percent, the General Contractor agrees that it is fully qualified to perform that portion and that it shall perform that portion. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. The Bidder's attention is directed to Labor Code Section 1725.5, which provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a Bid proposal, subject to the requirements of Public Contract Code Section 4104, or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. DIVISION OF WORK OR TRADE BID ITEM NUMBER PERCENT OF BID ITEM NAME :,ADDRESS OF SUBCONTRACTOR LICENSE NO. OF SUBCONTRACTOR /DIR REGISTRATION NO. CERTIFIED DBE (YES OR NO) LAST YEAR'S GROSS RECEIPTS (a) PERCENT OF TOTAL BID -53 fir*-l�lc� -�P� A(G M FCWLCLL) 3�7. LaiCl#-1fO3Y;.�- AfC, FOUL- LO . C V v 'J t fZ z C /3 Notes: (1) Used on Federal -aid contracts in conformance with Title 49 CFR 26, for establishing Annual DBE Goals. Indicate approximate amount if under $1 million, if between $1 million and $5 million, if greater than $5 million. (2) If alternate bids are called for, and Contractor intends to use different or additional subcontractors on the alternates, the Contractor must provide a separate list of subcontractors for each attemate_ (3) Copies of this form maybe made if necessary. Shawn Salah PROPOSAL P-5 ACS CONSTRUCTION December 12, 2023 William Becerra City of Temecula 4100 Main Street Temecula, CA 92590 SUBJECT: YOUR "NON -RESPONSIVE" LETTER DATED 12/11/2023 PROJECT: Community Recreation Center Splash Pad & Sun Shade PW21-07 Mr. Becerra: In response to your letter that listed items/information that were "not completed", I would like to clarify the followings: Per the bid documents, this bid was a lump sum bid with only One bid item and it requested to provide a schedule of value from the lowest bidder at later date (which is attached here). Based on that, the subcontractors' list provided in the bid document doesn't reflect the nature of this bid; rather it is a generic list used for bids with detailed line items and not only One lump sum item. The "Bid Item Number" column should be kept blank, as we did, since there was No bid Items for the subcontractors. Hence, whatever the other two contractors listed in this column is wrong. California Waters Development listed #1 for all trades on the bid item column, and Armstrong Cal Builders listed 1, 2, and 3 on the bid item column which they don't exist. So, Aster decided to keep it blank, which was the correct way in our opinion. The "Percent of bid Item" column should be kept blank as well as we did. The other subcontractors listed the same percentages on this column as on the "Precent of Total Bid" column which is not correct. This was due to the confusion in the bid document provided to us. There was no bid items for subcontractors and therefore there should be no percentage of bid item. The "Certified DBE" column, since the bid documents didn't require the subcontractors' to be Certified DBE therefore it was not relevant to us to fill out this column. The Other 1666 %: McCadden Place • Los Angeles, California 90028 • Phone (323) 463-1473 • Fax: (323) 463-0485 ACS CONSTRUCTION Contractors replied No for all their subcontractors. Replying by No or keep it blank was the same for us in our opinion. The "Last Year Gross Receipts" wasn't provided by all subcontractors for the other two bidders. So it was the same to us by keep it blank or say "N/A" or "to Follow". The "Percent of Total Bid" column was kept blank by us is because this bid was a Lump Sum bid and there was no Bid Items for every trade. This column was the only column that we could have filled out but we didn't because of the Lump Sum nature of this bid. However, please find attached our updated subcontractors list which shows Percent of total bids. We just finished Mary Phillips Senior Center Recreation Area PW22-08 for the City of Temecula and we are so excited to do this project as well. We have lots of experience and have a very qualified team (all our project managers have Construction or Civil engineering degree) and we promise to provide best service and quality of work to the City of Temecula. I am planning, if I may, to attend the City Council meeting on January 9, 2024 to explain further my point of view and response. Regards, 7 Eddie Daher President Cel: (951)445-6117 1666 % McCadden Place • Los Angeles, California 90028 • Phone (323) 463-1473 • Fax. (323) 463-0485 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS SUBCONTRACTORS LIST / BIDDERS LIST for COMMUNITY RECREATION CENTER SPLASH PAD & SUN SHADE PROJECT NO. PW21-07 (REBID) PRIME CONTRACTOR: Aster Construction Services PRIME CONTRACTOR DBE?: YES ❑ NO X As required by California State Law and in conformance with Title 49 of US Code of Regulations, Part 26, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work. ALL SUBCONTRACTORS REGARDLESS OF DOLLAR VALUE SHALL BE LISTED. The General Contractor shall state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if the General Contractor specifies more than one subcontractor for the same portion of work to be performed under the Contract in excess of one-half of one percent, the General Contractor agrees that it is fully qualified to perform that portion and that it shall perform that portion. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. The Bidder's attention is directed to Labor Code Section 1725.5, which provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a Bid proposal, subject to the requirements of Public Contract Code Section 4104, or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. I - -- - ---- DIVISION OF WORK OR TRADE BID ITEM NUMBER -- - PERCENT OF BID ITEM - -- NAME & ADDRESS OF SUBCONTRACTOR LICENSE NO. OF SUBCONTRACTOR /DIR REGISTRATION NO. CERTIFIED DBE (YES OR NO) � - ----- -- LAST YEAR'S PERCENT GROSS OF TOTAL RECEIPTS (a) BID Splash Pad & Water Playfeatures Hydrology Group Inc, 17 Spectrum Pointe Dr, Lake Forest, CA 92630 LIC# 1034751 DIR#1000056013 NO N/A, to fOIIOW _ o� 47.1 8� Shade Structure Zoom Recreation 445 S. Figueroa St, uite 3100-279, Los Angeles, CA 90071 LIC# 1067651 No DIR#1000655676 N/A, to follow 2 3% I Landmark Consulting, 4373 Viewbridge Ave Suite A, San Diego, CA 92123 i Site Survey PLS# 4878 DIR#100005403 No N/A to followT-1-on 0.3% Notes: (1) Used on Federal -aid contracts in conformance with Title 49 CFR 26, for establishing Annual DBE Goals. Indicate million, if between $1 million and $5 million, if greater than $5 million. (2) If alternate bids are called for, and Contra iniF subcontractors on the alternates, the Contractor must provide a separate list of subcontractors for each altematk (�gpWs of1W Signature —of Bidder p0matea punt if under $1 to use di rent or additional QLmay ade if necessary. PROPOSAL P-5 ACS Aster Construction ServiGe3 Project Name: Splash Pad and Sun Shade Number of Working Days: 120 days Estimated Bid Value: $1,102,000.0 A B ITEM DESCRIPTION OF WORK Total Per Division Work performed by Percentage of Total bid 1) General Requirements $320,000.00 ACS 1 Liability Insurance, RP America $6.87/$1000 2 Bond Cost 3 Permit Cost 4 Construction General Tools & Miscellaneous 5 Portable Toilets & Sinks 6 Temporary Fencing 7 Waste Management & Disposal (1 dumpster per 2 month) 8 Traffic Control, 9 Site Superintendent 10 Project Manager I 1 Surveying Landmark Consulting 030% 12 Material unload and storeage 13 Final Cleaning 14 Close Out 15 Gas 16 Overhead and profit 2) Existing Conditions $95,000.00 ACS Demo at Wading Pool 1 Fence Panel 2 Gate (double swing 72") 3 Conc deck + wading Pool 4 1 Remove and reinstall Cleanout 5 Demo Existing bench 6 Trash Receptacles 7 1 Stone Seat wall (3' H X T W) 8 IConc Slab (5" with #4 reinforced) 9 1 Removal of Grass Demo at Mech Room 1 House keeping pad + conc SOG 2 Salvage Heater 3 Storage cabinet 4 Wading pool pump + grates 5 Control Monitor + wading pool probe sensor cabinet 6 Demo for Electric scope (saw cut/ any demo) 7 Any Misc demo 3) iDivision 3 - Concrete $246,000,00 ACS 1 Const Balance tank 6'6"X10' (12" thick bottom, 8" thick top slab, water stops, 12" wall) 2 8" conc slab for Splash Pad (anti skip) 3 Ped Conc slab 4 Pump Pit 5 Conc slab Around Pump Pit - Mechanical room 6 Raised concrete slab at Sand Pit 5) Metals $81,200 00 1 Shade Structure (USA Shade - includes furnishing and installation): Zoom Recreation 2.30% 2 Steel Beams ACS 3 Fiberglass Grate - Mechanical Room ACS 8) Openings $19,800,00 ACS 1 Maintanance Gate - 6' Height 2 10mamental Fence Panel - 1 Panel 3 Ornamental Gate - Self closing 22) Plumbing, Electrical, Water Play features $820,000.00 Hydrology 47.18% 1 6" HDPE Grate 2 Replace Bracket hardware - Exst 6" HDPE 3 Plumbing - Waterline and fittings Deleted 2 items 31) Earthwork $80,000.00 ACS 1 Grading -Cut, Fill, Compaction, Export 2 Shoring, Drilling, Caissons, Dewatering 3 jErosion Control-SWPPP, WPCP, BMPs 32) Exterior Improvements $76,000.00 ACS 1 Artificial Turf Installation GRAND TOTAL $1,738,000.00 GC Scope of work Subs Scope of work= $873,000.00 50.23% $865,000.00 49.77% City of Temecula 41000 Main Street • Temecula, California 92590 Phone (951) 694-6411 - temeculaca.gov VIA EMAIL December 11, 2023 Wadih E. Daher Aster Construction Services, Inc. 1666'h Mccadden Place Los Angeles, CA 90028 SUBJECT: Bid Proposal submitted by Aster Construction Services, Inc. PROJECT: Community Recreation Center Splash Pad & Sun Shade, PW21-07 (Rebid) -- Notice of Non -Responsive Bid Mr. Daher: On November 30, 2023, Aster Construction Services submitted a bid proposal via Planetbids for the Community Recreation Center Splash Pad & Sun Shade Project, PW 21-07. The City also received bid proposals from California Waters Development Inc. and Armstrong Cal Builders, Inc. After careful review of the submitted proposal, several discrepancies were noted that pertain to the completion of Subcontractors List/Bidders List, page P-5 of the contract documents. Notably, the following items/information were not completed: • Bid Item Number • Percent of Bid Item • Certified DBE (Yes or No) • Last Year's Gross Receipts • Percent of Total Bid Included is the Subcontractor's List/Bidders List that was submitted with your proposal, along with the Subcontractor's List/Bidders List that were submitted by California Waters Development and Armstrong Cal Builders. The other two contractors submitted forms that were completely filled out. For this reason, staff intends to recommend that the City Council deem Aster Construction Services bid as non -responsive at the January 9, 2024 City Council meeting. If you dispute the foregoing, please submit any formal response/protest within 3 business days of the date of this letter. If you require additional information, please do not hesitate to contact me. Sincerely, /&41 15. William Becerra Associate Engineer II - CIP cc: Patrick A Thomas — Director of Public Works / City Engineer Avlin Odviar — Principal Civil Engineer — CIP Ron Moreno — Assistant Director of Public Works Amer Attar — Engineering Manager, Public Works CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS SUBCONTRACTORS LIST / BIDDERS LIST for COMMUNITY RECREATION CENTER SPLASH PAD & SUN SHADE PROJECT NO. PW21-07 (REBID) PRIME CONTRACTOR: Aster Construction Services PRIME CONTRACTOR DBE?: YES ❑ NO ❑ As required by California State Law and in conformance with Title 49 of US Code of Regulations, Part 26, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work. ALL SUBCONTRACTORS REGARDLESS OF DOLLAR VALUE SHALL BE LISTED. The General Contractor shall state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if the General Contractor specifies more than one subcontractor for the same portion of work to be performed under the Contract in excess of one-half of one percent, the General Contractor agrees that it is fully qualified to perform that portion and that it shall perform that portion. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. The Bidder's attention is directed to Labor Code Section 1725.5, which provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a Bid proposal, subject to the requirements of Public Contract Code Section 4104, or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. - - - - LICENSE NO. OF -- DIVISION OF WORK OR f BID ITEM PERCENT SUBCONTRACTOR i CERTIFIED LAST YEAR'S PERCENT TRADE NUMBER OF BID NAME & ADDRESS OF SUBCONTRACTOR /DIR DBE (YES GROSS OF TOTAL ITEM REGISTRATION OR NO) RECEIPTS (a) BID NO. water play F Hydrology Group Inc, 17 1034751 I CA 92630 shade structure ! LOOM Kecreatlon 1067651 Survey Landmark Consulting, 4373 Viewb idge Ave, Suite A, San Diego_ CACA W123._ Notes: (1) Used on Federal -aid contracts in conformance with Title 49 CFR 26, for establishing Annual DBE Goals. Indicate ap imate a unt if under $1 million, if between $1 million and $5 million, if greater than $5 million. (2) If alternate bids are called for, and Contra intepig to use di rent or additional subcontractors on the alternates, the Contractor must provide a separate list of subcontractors for each alternate. ^g s of sJpQ4may bgf Pade if necessary. Sianature of Bidder PROPOSAL P-5 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS SUBCONTRACTORS LIST 1 BIDDERS LIST for COMMUNITY RECREATION CENTER SPLASH PAD & SUN SHADE PROJECT NO. PW21-07 (REBID) PRIME CONTRACTOR: Californ)a Waters Development inc, dba California Waters PRIME CONTRACTOR DBE?. YES ❑ NO @ As required by Caldontia Statf Law and in conformance with Title 49 of LIS Code of Regulations, Part 26, the Goreral Contractor biddingvrtp he'eineRer slate the subcardredor wl.,Ao bo the subcontractor on the job for each particular trade or subclivislon of the wok ALL SUBCONTRACTORS REGARDLESS OF DOLLAR VALUE SHALL BE LISTED. The General Contactor shall elate the firm name and principal location of the miil, shop, oroffrce of each. if a Genarel Conlractorfails to soecffy a subcontrador, or if the GereraE Contras h specifies more than one subcontrador for the Same porlion of work 10 be pe.formed under the contract in excess of one-haN of pre percent, rile General Conlractoragrees that i! r Tully pe i6ad to perform that portion and that it shall perform that Nrtlon. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. The Bidde.'s attention is directed to Labor Code Section IMS, which provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a Bid proposal. Subject to the requirements of Public Contract Code Seclian 4194, of engage in the parfofmanoe of any contract that is subject to Labor Code Section 1720 eL seq., unless currently registered and qualified to peiomt public work pursuant to Labor Code Section 1725.5. This project is sub;w 10 compliance moniteling and enforcement by the Oepartmer.l of Industrial Refakns. LICENSE NO. OF DIVISION OF WORK OR BID ITEM PERCENT SUBCONTRACTOR TRADE OF BID NAME SADDRESS OFSUBCONTRACTOR CERTIFIED LAST YEAR'S PERCENT NUMBER /DIR rTEM DBE (YES GROSS OF TOTAL REGISTRATION OR NO) RECEIPTS (a) BID N0. Electrical 1 1 % D S P Electrical Contractors, Inc CSLB: 928856 No N/A 87 74 Unit R310 Lake Elsinore, CA 92532 DIR: 1000013287 1 % Sun Shade 1 4% Shade Structures CSLB: 989458 No N/A 4%p PO Box 3467 Co ell, TX 75019 DIR: 1000003533 Fencing 1 % All League Fence Co CSLB: 986316 No N/A 1631 Sonora Ave, San Bernardino, CA 92404 DIR: 1000018901 % Turf Biltright Turf CSLB:1016328 1 2% No N/A PO f3ox 1627 Temecula, CA 92592 DIR: 1000041367 2% Splash Pad Surfacing Inside Edge Commercial Interior Service, LLC CSLB: 1051554 1 No N/A 2% :2700 Blue Water Rd, Suite 400 Eagan, MN 55121 .DIR: 1000536764 2% Notes: (1) Used on Federal -aid contracts in conformance with Tr@e 49 CFR 26, for establishing Annual DBE Goals. Indicate approximate amount 6 under $1 million, if between $1 million and $5 million, if greater than $5 million. (2) If altemate bids are called for, and Contractor intends to use different or additional subcontractors on the alternates, the Contractor must provide a separate list of subcontractors for each altemat r (3) 5PP'JW this form maybe made if necessary. i.'Jnatur& of Bidder PROPOSAL P-5 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS SUBCONTRACTORS LIST / BIDDERS LIST for COMMUNITY RECREATION CENTER SPLASH PAD & SUN SHADE PROJECT NO. PW21-07 (REBID) PRIME CONTRACTOR: Armstrong Cal Builders Inc PRIME CONTRACTOR DBE?: YES ❑ NO El As required by California State Law and in conformance with Title 49 of US Code of Regulations. Part 26, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work. ALL SUBCONTRACTORS REGARDLESS OF DOLLAR VALUE SHALL BE LISTED. The General Contractor shall state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if the General Contractor specifies more than one subcontractor for the same portion of work to be performed under the Contract in excess of one-half of one percent, the General Contractor agrees that it is fully qualified to perform that portion and that it shall perform that portion. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. The Bidders attention is directed to Labor Code Section 1725.5, which provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a Bid proposal, subject to the requirements of Public Contract Code Section 4104, or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations_ DIVISION OF WORK OR BID REM TRADE NUMBER PERCENT OF BID ITEM LICENSE NO. OF SUBCONTRACTOR NAME & ADDRESS OF SUBCONTRACTOR lDIR REGISTRATION NO. CERTIFIED DBE (YES OR NO) LAST YEAR'S GROSS RECEIPTS (a) PERCENT OF TOTAL BID C' S 'y,r'rGls In j 4oz%1�!•+r�rSrt �' "s CC�C3i a� IY G � 1 / Aw � , 3 `-f ov d I 1 i Notes: (1) Used on Federal -aid contracts in conformance with Title 49 CFR 26, for establishing Annual DBE Goals. Indicate approximate amount if under $1 million, if between $1 million and $5 million, if greater than $5 million. (2) If alternate bids are called for, and Contractor intends to use different or additional subcontractors on the altemates, the Contractor must provide a separate list of subcontractors for each aRemate. (3) Copies of this form maybe made if necessary. Shawn Salah PROPOSAL P-5 Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 23, 2024 SUBJECT: Approve Second Amendment to the Agreement with Mike's Precision Welding, Inc., for Welding Maintenance Services PREPARED BY: Stacey Biddle, Management Assistant Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council approve the second amendment to the agreement with Mike's Precision Welding, Inc., for welding maintenance services, in the amount of $50,000, for a total agreement amount of $150,000. BACKGROUND: On July 28, 2022, the City Manager approved an agreement with Mike's Precision Welding, Inc. for welding maintenance services in the amount of $60,000.On September 12, 2023, the City Manager approved the First Amendment to increase payment to $100,000. The Second Amendment will increase payment in the amount of $50,000, for a total agreement amount of $150,000. At this time, we have nearly exhausted our original agreement with Mikes Precision Welding, due to the overwhelming need to fabricate and make necessary repairs to various equipment, fencing, and aesthetic and structural elements located throughout the city's facilities and parks. The Second Amendment will provide the additional monies to continue services for the remainder of the fiscal year. Mike's Precision Welding, Inc. has provided fabrication and welding services for the City since 2003 and continues to show they are capable and responsive to the needs of the City while offering an efficient and economical means of completing the work. FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2023-2024 Annual Operating Budget. ATTACHMENTS: Second Amendment SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND MIKE'S PRECISION WELDING, INC. WELDING MAINTENANCE SERVICES THIS SECOND AMENDMENT is made and entered into as of January 23, 2024, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Mike's Precision Welding, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On July 28, 2022, the City and Contractor entered into that certain Agreement entitled "Agreement for Welding Maintenance Services," in the amount of $60,000. b. On September 12, 2023, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Minor Maintenance Services," to increase the payment in the amount of $40,000. C. The parties now desire to increase the payment in the amount of $60,000, and to amend the Agreement as set forth in this Amendment. 2. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The total amount of this Agreement shall not exceed One Hundred Fifty Thousand Dollars ($150,000). 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA MIKE'S PRECISION WELDING, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: James Stewart, Mayor Mike Prunty, President ATTEST: By: By; Randi Johl, City Clerk Jeanette Pr y, Corp. Officer APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Mike's Precision Welding, Inc. Attn: Jeanette Prunt P.O. Box 891929 Temecula, CA 92589 Phone Number: 951.676.4744 pwjeanefte@gmail.com City Purchasing Mgr. Initials and Date: 08/09/2021 Item No. 6 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JANUARY 9, 2024 CALL TO ORDER at 7:39 PM: President Zak Schwank ROLL CALL: Alexander, Kalfus, Schwank, Stewart CSD PUBLIC COMMENTS -None CSD CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (4-0): Motion by Stewart, Second by Kalfus. The vote reflected unanimous approval. 19. Approve Action Minutes of December 12, 2023 Recommendation: That the Board of Directors approve the action minutes of December 12, 2023. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:40 PM, the Community Services District meeting was formally adjourned to Tuesday, January 23, 2024 at 5:00 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Zak Schwank, President ATTEST: Randi Johl, Secretary [SEAL] Item No. 7 TEMECULA PUBLIC FINANCING AUTHORITY/ CITY COUNCIL AGENDA REPORT TO: Executive Director/Board of Directors City Manager/City Council Members FROM: Aaron Adams, Executive Director/City Manager DATE: January 23, 2024 SUBJECT: Approve and Adopt Resolutions of Intention to Form CFD 23-02 (Prado), Authorize the Levy of Special Taxes on Property in CFD No. 23-02, Incur Bonded Indebtedness for CFD No. 23-02 and Approve Related Documents and Agreements PREPARED BY: Jennifer Hennessy, Director of Finance/Treasurer RECOMMENDATION: That the Board of Directors/City Council adopt resolutions entitled: RESOLUTION NO. TPFA 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 — PRADO RESOLUTION NO. TPFA 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.23-02 (PRADO) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT RELATING TO THE FINANCING OF PUBLIC IMPROVEMENTS AND MUNICIPAL SERVICES, AND IMPLEMENTATION OF AN ACQUISITION AGREEMENT — CFD 23-02 (PRADO) BACKGROUND: In December of last year, in response to a request by Meritage Homes of California, Inc., a California corporation (the "Developer"), the Temecula Public Financing Authority (the "Authority") adopted Resolution No. TPFA 2023-12 and the City Council adopted Resolution No. 2023-93, pursuant to which they approved a Deposit/Reimbursement Agreement, subsequently executed by the Authority, the City and the Developer, whereby the Developer agreed to pay the costs of the Authority and the City in connection with the formation of a community facilities district. The Resolution of the Authority also designated various consultants to assist with the formation of the community facilities district. The Authority has now received a petition (including waivers) (the "Petition") from the Developer requesting that it move forward with the formation of the community facilities district for the purpose of financing public facilities and to fund the costs of municipal services in connection with the planned Prado development project. The community facilities district is to be designated as the Temecula Public Financing Authority Community Facilities District No. 23-02 (Prado) (the "CFD"). The CFD is generally located in the northerly portion of the City of Temecula, east of Interstate 15. The territory to be included within the boundaries of the CFD includes several County Assessor's parcels identified in the Petition. Community facilities district financing is a commonly used method of financing infrastructure and services for new development in California. Commonly referred to as "Mello -Roos Financing" this type of land -secured financing permits the local agency to levy special taxes and issue bonds to pay for the public facilities and infrastructure costs and services necessitated by new development. The costs of authorized facilities and services, and debt service on any bonds issued for the CFD is, paid from special taxes levied only on real property within the CFD boundary. The bonds typically are issued on a tax-exempt basis. The Authority will consider the adoption of two resolutions related to the formation of the proposed CFD. The CFD will only include land owned by the Developer as delineated in the Petition. In the Petition, the Developer has requested that the CFD levy special taxes and issue bonds to provide funds to fund various public improvements identified as the "Facilities" on Exhibit A in the Petition and to finance other costs of issuing the special tax bonds and of providing a reserve fund for the bonds. It is also expected that special taxes will be levied to fund the costs of municipal services identified in Exhibit A of the Petition. The Authority proposes to use bond proceeds to finance the design, construction and installation of certain public improvements, including related incidental expenses. These facilities will become the property of and will be maintained by the City, Eastern Municipal Water District (EMWD) and Temecula Valley Unified School District (TVUSD), as appropriate. To benefit future residents within CFD, the Authority expects to enter into a Joint Community Facilities Agreement with each of the City, EMWD and TVUSD. SPECIFIC ACTIONS: In order to initiate the process to form the CFD, the Board of Directors of the Authority will consider adoption of two resolutions of intention relative to the proposed CFD. These resolutions call for a public hearing on February 27, 2024 on the formation of the CFD and the issuance of bonds for the CFD, and otherwise specify the boundaries of the CFD (by reference to a map on file with the City Clerk, as Secretary of the Authority), the rate and method of apportionment of special taxes to be levied solely on land in the CFD to pay for CFD authorized facilities and services and to repay any bonds that may be issued for the CFD, describe the improvements to be financed and the services to be provided by the new CFD, and express the intent to issue up to $20,000,000 of special tax bonds for the CFD to finance authorized facilities. The resolution of intention to form the CFD also authorizes the Executive Director of the Authority to enter into in joint community facilities agreements with the City (described below) and with the EMWD and TVUSD with respect to facilities to be financed by the CFD but to be owned by EMWD and TVUSD, respectively, approves an Acquisition Agreement between the Authority and the Developer whereby the Authority agrees to use proceeds of special taxes levied on property in the CFD and proceeds of bonds issued for the CFD to pay costs of certain CFD authorized facilities to be constructed by the Developer. The City Council will consider adoption of resolutions approving Joint Community Facilities Agreement with the Authority whereby it agrees to own and operate certain facilities financed by the CFD, to provide the municipal services to be provided for by the CFD and to assist the Authority to administer the Acquisition Agreement. The Joint Community Facilities Agreement allows for a credit against (or a return of) development impact fees and Quimby Act fees otherwise applicable to the construction of residential units in the Prado Development, from the proceeds of bonds issued for the CFD or special taxes levied on the property in the CFD. FISCAL IMPACT: The Developer has agreed to pay all expenses relative to the proposed formation of the new CFD and the issuance of bonds for the CFD. Costs of issuance of the proposed bond issue will be paid from the proceeds of the bonds to be issued by the Authority for the CFD. All annual costs of administering the new CFD and the bonds issued for the CFD will be paid from special taxes levied on the properties in the CFD. The bonds, if issued by the Authority for the new CFD, would be payable solely from special taxes levied on land in the new CFD and collected by the Authority. All costs of the City and the Authority to administer the Acquisition Agreement and the Joint Community Facilities Agreement will be paid for with proceeds of special taxes levied on property of the CFD. ATTACHMENTS: 1. TPFA Resolution — Establish CFD 2. TPFA Resolution — Bond Indebtedness 3. City Council Resolution — Joint Community Facilities Agreement and Acquisition Agreement 4. Petition 5. City - Joint Community Facilities Agreement 6. Acquisition Agreement 7. EMWD - Joint Community Facilites Agreement 8. TVUSD - Joint Community Facilites Agreement RESOLUTION NO. TPFA 2024- 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 — PRADO THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. 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. Section 2. There have been submitted to this Board of Directors a Petition (Including Waivers) of Meritage Homes of California, Inc. (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. 23-02 (Prado) (the "District"). Section 3. 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. Section 4. 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. In furtherance of the formation of the District, it is also acknowledged that the Authority, the City of Temecula (the "City") and Meritage Homes of California, Inc. ("Meritage"), are parties to a Deposit/Reimbursement Agreement pursuant to which Meritage has agreed to deposit funds with City to pay the costs of conducting the proceedings to establish the District and the possible issuance by the Authority of bonds for the District, subject to reimbursement from the proceeds of bonds issued for the District, all as more specifically provided in the Deposit/Reimbursement Agreement. Section 5. The name proposed for the District is Temecula Public Financing Authority Community Facilities District No. 23-02 (Prado). Section 6. 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 Riverside County Recorder as soon as practicable after the adoption of this Resolution. Section 7. The types of public facilities (the "Facilities") and municipal services (the "Services") proposed to be eligible for funding by the District, in each case pursuant to the Law, shall consist of those items listed on Exhibit A hereto under the headings "Facilities" and "Municipal Services," respectively, which Exhibit is by this reference incorporated herein. This Board of Directors hereby determines that the Facilities and the Services to be financed by the District are necessary to meet increased demands placed upon local agencies as a result of development occurring and expected to occur in the territory included in the District. This Board of Directors hereby expresses its opinion that the public interest will not be served by allowing property owners to enter into contracts as contemplated by Section 53329.5(a) of the Law, and does not intend to let property owners avail themselves of the actions otherwise permitted by said Section 53329.5(a). The Executive Director is hereby authorized and directed to enter into joint community facilities agreements with the City of Temecula, the Temecula Valley Unified School District, the Eastern Municipal Water District and any other public entity that will own and/or operate any of the Facilities, or that will provide any of the Services, with any such agreements to be in a form provided by Bond Counsel. Section 8. Except to the extent that funds are otherwise available to the District to pay for the Facilities and the Services, and/or pay the principal and interest as it becomes due on bonds of the District issued to finance the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied within the District and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors 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 Act 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 Law (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the District. Section 9. 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 the costs of the Facilities. If so issued, the bonds shall be in the aggregate principal amount of not to exceed $20,000,000, 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 10. 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 Law 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 Law. Section 11. 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 12. Except as may otherwise be provided by the 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, the issuance of bonds by the Authority for the District and any expenses of the District. Section 13. The Director of Public Works of the City of Temecula is hereby directed to study the Facilities and the Services and to make, or cause to be made, and file with the Secretary a report in writing, presenting the following: (a) A brief description of the special taxes to be prepaid and of the Facilities and the Services. (b) An estimate of the fair and reasonable cost of providing for the Facilities and the Services, including the incidental expenses in connection therewith, including the costs of the proposed bond financing, any Authority or City of Temecula administrative costs and all other related costs. Said report shall be made a part of the record of the public hearing provided for below. Section 14. Tuesday, February 27, 2024, at 6:00 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, 41000 Main Street, 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 15. 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 16. The Board of Directors may in the future, by resolution, approve an agreement pursuant to Section 53314.9 of the Law, 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 Law. Section 17. The Board of Directors hereby finds and determines that no further environmental review is required for the funding of the Facilities and Services. (a) On June 16, 2021, AHV Communities filed two Planning Applications: No. PA21- 0838, a Development Plan and No. PA21-0839, a Tentative Tract Map (TTM 38121) (collectively "Prado Project"). On April 20, 2022, the Planning Commission adopted Resolution Nos. 2022-08 and 2022-09 approving the Prado Project. No appeal was taken from the adoption of these Resolutions. (b) In adopting Planning Commission Resolution Nos. 2022-08 and 2022-09, the Planning Commission determined that in accordance with the California Environmental Quality Act, no further environmental review of the proposed Prado Project was required (Section 15182, Projects Pursuant to a Specific Plan and Section 15162, Subsequent EIRs and Negative Declarations) finding that: 1. On August 14, 2001, the City Council adopted Resolution No. 01-70 certifying the Program Environmental Impact Report for the Harveston Specific Plan (SCH #99041033). On August 26, 2003, the City Council adopted Resolution No. 03-110 approving Amendment No. 1 to the Harveston Specific Plan (SP 13). On December 1, 2020, the City Council adopted Resolution No. 2020-78 certifying a Subsequent Environmental Impact Report (SEIR) in connection with the Second Amendment to the Harveston Specific Plan that allowed for the creation of the residential overlay zone. 2. As provided in Planning Commission Resolution Nos. 2022-08 and 2022- 09, the Planning Commission determined that the Prado Project was consistent with the previously adopted Harveston SEIR and no further environmental review was required. The Prado Project was exempt from CEQA pursuant to CEQA Guidelines Section 15182 as the proposed residential development is in conformity with the Harveston Specific Plan, as amended. (Section 15162, Subsequent EIRs and Negative Declarations). (c) All of the Facilities and Services that are proposed to be funded by the proposed District were included as conditions of approval for the Prado Project and were considered and approved as in accordance with the California Environmental Quality Act ("CEQA") as part of the approval of the Prado Project. The Board of Directors, therefore, hereby finds and determines that the Facilities and Services are exempt from CEQA pursuant to CEQA Guidelines Section 15182 as the Facilities and Services are in conformity with the Prado Project. The Board of Directors further finds and determines that the funding of the Facilities and Services does not require the preparation of a subsequent Environmental Impact Report as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. Specifically, there are no substantial changes proposed by the funding of the Facilities and Services that will require 4 major revisions of the previous SEIR approved by City Council due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects and no substantial changes have occurred with respect to the circumstances under which the proposed project are undertaken that will require major revisions of the previous SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous SEIR was adopted, showing that: (a) the proposed project will have one or more significant effects not discussed in the SEIR; (b) there are significant effects previously examined that will be substantially more severe than shown in the SEIR; (c) there are mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the proposed project, but the City declines to adopt the mitigation measure or alternative; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the SEIR would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measure or alternative. The Facilities and Services for the Prado Project are consistent with the project that was analyzed by the SEIR. The Facilities and Services are required to meet all requirements and mitigation contained in SEIR. Section 18. The Acquisition Agreement to be entered into by Authority, for and on behalf of the District, and Meritage Homes of California, Inc., in the form on file with the Secretary, is hereby approved. The Executive Director is hereby authorized to execute and deliver the Acquisition Agreement in said form, with such additions thereto or changes therein as are deemed necessary, desirable or appropriate by the Executive Director upon consultation with the Authority's General Counsel and Bond Counsel, the approval of such changes to be conclusively evidenced by the execution and delivery by the Executive Director of the Acquisition Agreement. Section 19. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 23rd day of January, 2024. James Stewart, Chair ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 2024- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 23rd day of January, 2024, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 23-02 (PRADO) DESCRIPTION OF FACILITIES AND SERVICES TO BE FUNDED BY THE DISTRICT FACILITIES It is proposed that the District be eligible to finance all or a portion of the costs of the following facilities: • The acquisition and construction of: streets (including paving, aggregate base, striping and traffic marking, sidewalks, curbs, gutters and driveways), including Temecula Center Drive and Ynez Road within and in the vicinity of the District; stormwater drainage systems (including storm drain lines, inlets, outlets, channels, structures, junctions, manholes, catch basins and related dewatering); street light improvements (including light fixtures, substructures, conduits and service points of connection); and street signage (including traffic, stop and street name signs). The foregoing are to include the acquisition of any related right-of-way and other land needed for the installation of any such improvements, demolition of existing structures and site leveling needed for the installation of any such improvements, erosion control, and other appurtenances. • The acquisition and installation of traffic signal improvements, including traffic signal interconnection and video surveillance systems, at the intersection of Ynez Road and Temecula Center Drive. • Landscaping improvements in the public right of way along or in the vicinity of Temecula Center Drive, Date Street and Ynez Road, including related appurtenances. • Capital improvements included in the City of Temecula's adopted Capital Improvement Program for Fiscal Years 2024-2028. • School improvements to be designated by the Temecula Valley Unified School District, which may include construction of buildings, equipping of school facilities, and acquisition of support and other appurtenances with a useful life of five years or more. • Sewer system improvements to be designated by the Eastern Municipal Water District. • Water facilities to be designated by the Rancho California Water District. • All or a portion of any amount necessary to eliminate any fixed special assessment liens, or to pay, repay, or defease any obligation to pay or any indebtedness secured by any tax, fee, charge, or assessment levied within the area of the CFD (including, but not limited to the lien of special taxes by the Temecula Public Financing Authority Community Facilities District No. 01-2 (Harveston)), or to pay debt service on any such indebtedness. The Facilities include the acquisition of right-of-way, the costs of design, engineering and planning, the costs of any environmental or traffic studies, surveys or other reports, the cost of any required environmental mitigation and any required noise mitigation measures, landscaping and irrigation, soils testing, permits, plan check and inspection fees, insurance, legal and related overhead costs, coordination and supervision and any other costs or appurtenances related to any of the foregoing. A-1 MUNICIPAL SERVICES It is proposed that the District be eligible to fund all or a portion of the costs of the following municipal services: • Public safety services, including police and fire protection. • Maintenance of parks, and landscaping in public areas, public easements and public right of way in or near the area of the District, such maintenance to include but not be limited to maintenance of planting areas, trees, bioretention filters, multipurpose trails, and the furnishing of water for irrigation. • Maintenance of public signage in or near the District. • Maintenance of storm drainage systems within or serving the area of the District, and including storm drain pipes, culverts, detention/desilting basins, manholes, catch basins and drop inlets, cleanout of storm drains and catch basin cleaning and inspection. • Maintenance of sidewalks, streets and roadways within or in the vicinity of the area of the District, and including slurry, overlay, curbs and gutters, curb ramps, striping and street sweeping. • Maintenance of street lighting located within or in the vicinity of the District, and including decorative lighting and pull box assemblies. • Maintenance of traffic signals, and traffic interconnection and video surveillance systems, within and in the vicinity of the District, and including electrical, LED replacement, maintenance and replacement. Graffiti removal from public improvements within and in the area of the District The District may fund any of the following related to the services described above: the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the improvements, including repair, removal or replacement of all or part of any of the improvements, the furnishing of water for the irrigation and the furnishing of electric current or energy, for any lights or irrigation facilities, obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/or equipment, apparatus, facilities or fixtures in areas to be maintained, obtaining supplies or appurtenant facilities necessary for such maintenance, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses. The District may also provide for the reimbursement to the City of Temecula to the extent that the City of Temecula advances funds to pay for any of the foregoing services, and may fund reserves for repairs and replacements and for future expected costs of services. It is expected that the services will be provided by the City of Temecula, either with its own employees or by contract with third parties, or any combination thereof. The services to be financed by the District shall be in addition to those provided in the territory of the District before the date of creation of the District, and will not supplant services already available within that territory when the District is created. A-2 EXHIBIT B RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 23-02 (PRADO) The following sets forth the Rate and Method of Apportionment of Special Tax for the levy and collection of an Annual Special Tax A, an Annual Special Tax B, and an Annual Special Tax C in the Temecula Public Financing Authority ("Authority") Community Facilities District No. 23-02 (Prado) ("CFD No. 23-02"). An Annual Special Tax A, an Annual Special Tax B, and an Annual Special Tax C shall be levied on property in CFD No. 23-02 and collected in CFD No. 23-02 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment of Special Tax described below. All of the real property within CFD No. 23-02, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. SECTION A DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on the Assessor's Parcel Map, the land area as shown on the applicable Final Map, or if the land area is not shown on the applicable Final Map, the land area as calculated by or on behalf of the CFD Administrator. "Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the administration of CFD No. 23-02, including but not limited to the following: (i) the costs of computing Special Tax A, Special Tax B, and/or Special Tax C (collectively, the "Special Taxes") and of preparing the annual Special Tax A, Special Tax B, and Special Tax C collection schedules (whether by the CFD Administrator or designee thereof, or both); (ii) the costs of collecting the Special Taxes (whether by the Authority, County, City, or otherwise); (iii) the costs of remitting the Special Taxes to the fiscal agent or trustee for any Bonds; (iv) the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes; (v) the costs of the fiscal agent or trustee (including its legal counsel) in the discharge of the duties required of it under any Indenture; (vi) the costs of the Authority, City, or designee of either in complying with arbitrage rebate, mandated reporting and disclosure requirements of applicable federal and State of California laws, and responding to property owner or Bond owner inquiries regarding the Special Taxes or Bonds; (vii) the costs associated with the release of funds from any escrow account established under an Indenture; (viii) the costs of the Authority, City, or designee of either related to any appeal of a Special Tax; (ix) an allocable share of the salaries of the City staff and City overhead expense directly relating to the foregoing and (x) any other expense eligible under the Act to be charged for the administration of CFD 23-02 or any Bonds. Administrative Expenses shall also include amounts advanced by the City or the Authority for any administrative purposes of CFD No. 23-02. "Annual Special Tax A" means for each Assessor's Parcel, the Special Tax A actually levied in a given Fiscal Year on such Assessor's Parcel. "Annual Special Tax B" means for each Assessor's Parcel, the Special Tax B actually levied in a given Fiscal Year on such Assessor's Parcel. B-1 "Annual Special Tax C" means for each Assessor's Parcel, the Special Tax C actually levied in a given Fiscal Year on such Assessor's Parcel. "Approved Property" means all Assessor's Parcels of Taxable Property other than Provisional Exempt Property: (i) that are included in a Final Map that was recorded prior to the January 1st immediately preceding the Fiscal Year in which the Special Tax A is being levied, and (ii) that have not been issued a Building Permit on or before the April 1st immediately preceding the Fiscal Year in which the Special Tax A is being levied. "Assessor" means the Assessor of the County. "Assessor's Parcel" or "Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number within the boundaries of CFD No. 23-02. "Assessor's Parcel Map" means an official map of the Assessor designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" means that number assigned to a lot or parcel of land by the Assessor for purposes of identification. "Assigned Annual Special Tax A" means the Special Tax A as described in Section D below. "Authority" means the Temecula Public Financing Authority. "Authorized Facilities" means the public facilities authorized to be financed, in whole or in part, by CFD No. 23-02, as identified in the list of authorized facilities approved by the Resolution of Formation of the CFD adopted by the Board of Directors when the CFD No. 23-02 was formed or as it may be modified by proceedings under the Act. "Authorized Services" means the services authorized to be funded, in whole or in part, by the CFD No. 23-02, as identified in the list of authorized services approved by the Resolution of Formation of the CFD adopted by the Board of Directors when the CFD No. 23-02 was formed or as it may be modified by proceedings under the Act. "Backup Annual Special Tax A" means the Special Tax A as described in Section E below. "Board of Directors" means the Board of Directors of the Authority, acting as the legislative body of CFD No. 23-02, or its designee. "Bonds" means any bonds or other indebtedness (as defined in the Act), whether in one or more series, the repayment of which is secured by a pledge of the proceeds of the levy of Special Tax A on Assessor's Parcels within CFD No. 23-02. "Boundary Map" means a recorded map which indicates the boundaries of CFD No. 23-02. "Building Permit" means the first legal document issued by the City giving official permission for new construction of improvements on an Assessor's Parcel in CFD No. 23-02. For purposes of this definition, "Building Permit" may or may not include any subsequent building permits issued or changed after the first issuance, as determined by the CFD Administrator. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by the CFD Administrator by reference to the building permit application for such Assessor's Parcel. B-2 "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "CFD No. 23-02" or "CFD" means the Temecula Public Financing Authority Community Facilities District No. 23-02 (Prado) formed by the Authority under the Act. "CFD Administrator" or "Administrator" means the Finance Director of the City, or designee thereof, responsible for, among other things, determining the Special Tax A Requirement, the Special Tax B Requirement, and the Special Tax C Requirement and providing for the levy and collection of said Special Tax A, Special Tax B, and Special Tax C. "City" means the City of Temecula, California. "County" means the County of Riverside, California. "Developed Property" means all Assessor's Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to January 1 st preceding the Fiscal Year in which Special Tax A, Special Tax B or Special Tax C are being levied, and (ii) for which a building permit was issued on or before April 1 st preceding the Fiscal Year in which any or all of the Special Taxes are being levied. "Exempt Property" means all Assessor's Parcels designated as being exempt from the Special Taxes as provided for in Section P. "Exempt Welfare Exemption Property" means, for each Fiscal Year, an Assessor's Parcel that is (a) receiving a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the County's Assessor's roll finalized as of January 1 of the previous Fiscal Year, and (b) exempt from the Special Tax pursuant to Section 53340(c) of the Act. Pursuant to Section 53340(c) of the Act, after the issuance of the first series of Bonds, any Assessor's Parcels that receive welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute) shall not be classified as Exempt Welfare Exemption Property and will be subject to the Special Tax. "Final Map" means a subdivision of property by 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 recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots that do not need, and are not expected, to be further subdivided prior to the issuance of a Building Permit. "Fiscal Year" means the period commencing July 1 of any year and ending the following June 30. "Indenture" means the bond indenture, fiscal agent agreement, trust 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 Type" means Residential Property, Multifamily Residential Property, or Non -Residential Property. "Maximum Special Tax A" means for each Assessor's Parcel of Taxable Property, the maximum Special Tax A, determined in accordance with Section C that can be levied on each such Assessor's Parcel. B-3 "Maximum Special Tax B" means for each Assessor's Parcel of Taxable Property, the maximum Special Tax B, determined in accordance with Section I that can be levied on each such Assessor's Parcel. "Maximum Special Tax C" means for each Assessor's Parcel of Taxable Property, the maximum Special Tax C, determined in accordance with Section L that can be levied on each such Assessor's Parcel. "Multifamily Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for the purpose of constructing a building or buildings comprised of attached Units available for rental by the general public, not for sale to an end user, and which attached units are under common ownership, as determined by the CFD Administrator. "Non -Residential Property" means all Assessor's Parcels of Developed Property for which a building permit was issued for any type of use other than Residential Property and or Multifamily Residential Property. "Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax A obligation for an Assessor's Parcel, as described in Section H. "Prepayment Amount" means the amount required to prepay the Special Tax A obligation in full for an Assessor's Parcel, as described in Section G. "Proportionately" means for Special Tax A that the ratio of the Annual Special Tax A to the applicable Assigned Annual Special Tax A is equal for all applicable Assessor's Parcels. In the case of Special Tax B and Special Tax C, "Proportionately" means that the ratio of the Annual Special Tax B to the applicable Maximum Special Tax B and the Annual Special Tax C to the applicable Maximum Special Tax C, respectively, is equal for all applicable Assessor's Parcels. In the case of Developed Property subject to the apportionment of the Annual Special Tax A under Step Four of Section F, "Proportionately" means that the quotient of (a) Annual Special Tax A less the Assigned Annual Special Tax A divided by (b) the Backup Annual Special Tax A less the Assigned Annual Special Tax A, is equal for all applicable Assessor's Parcels. "Provisional Exempt Property" means all Assessor's Parcels of Taxable Property subject to Special Tax A that would otherwise be classified as Exempt Property pursuant to the provisions of Section P, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section P. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units, and which are not Multifamily Residential Property. "RMA" means this Rate and Method of Apportionment of Special Tax. "Special Tax(es)" means any of the special taxes authorized to be levied on Taxable Property within and for CFD No. 23-02 pursuant to the Act to fund the Special Tax A Requirement, Special Tax B Requirement, and/or the Special Tax C Requirement. "Special Tax A" means any of the Special Taxes authorized to be levied on Taxable Property within and by CFD No. 23-02 pursuant to the Act to fund the Special Tax A Requirement. "Special Tax B" means any of the Special Taxes authorized to be levied on Taxable Property within and by CFD No. 23-02 pursuant to the Act to fund the Special Tax B Requirement. B-4 "Special Tax C" means any of the Special Taxes authorized to be levied on Taxable Property within and by CFD No. 23-02 pursuant to the Act to fund the Special Tax C Requirement. "Special Tax A Requirement" means, subject to the Maximum Special Tax A, the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses for such Fiscal Year (apportioned between Special Tax A and Special Tax B), (iii) any amount required to establish or replenish any reserve funds established in association with the Bonds, and (iv) the collection or accumulation of funds for the acquisition or construction of Authorized Facilities, provided that the inclusion of such amount does not cause an increase in the levy of Special Tax A on Approved Property or Undeveloped Property as set forth in Step Two and Three of Section F, less (v) any amount available to pay debt service or other periodic costs on the Bonds pursuant to any applicable Indenture. "Special Tax B Requirement" means, subject to the Maximum Special Tax B, that amount to be collected in any Fiscal Year to pay for Authorized Services as required to meet the needs of CFD No. 23-02. The costs of services to be covered shall be the direct costs for (i) Authorized Services, and (ii) Administrative Expenses (apportioned between Special tax A and Special Tax B); less (iii) a credit for funds available to reduce the Annual Special Tax B levy, if any, as determined by the CFD Administrator. Under no circumstances shall the Special Tax B Requirement include amounts needed to repay Bonds. "Special Tax C Requirement" means, subject to the Maximum Special Tax C, that amount to be collected in any Fiscal Year to pay for Authorized Services as required to meet the needs of CFD No. 23-02. The costs of services to be covered shall be the direct costs for (i) Authorized Services, and (ii) Administrative Expenses; less (iii) a credit for funds available to reduce the Annual Special Tax C levy, if any, as determined by the CFD Administrator. Under no circumstances shall the Special Tax C Requirement include amounts needed to repay Bonds. "Special Tax Category" means any of the individual categories of BSF set forth in Table 1 in Section D below. "Taxable Property" means (i) with respect to Special Tax A, all Assessor's Parcels within CFD No. 23-02, which are not Exempt Property or for which the Special Tax A obligation has not been prepaid in full, and (ii) with respect to Special Tax B and Special Tax C, all Assessor's Parcels within CFD No. 23-02, which are not Exempt Property. "Temecula Public Financing Authority" or "PFA" or "Authority" means the Temecula Public Financing Authority, or its designee. "Transition Event" shall be deemed to have occurred when the CFD Administrator determines that the following events have occurred: (i) all Bonds secured by the levy and collection of Special Tax A in the CFD have been fully repaid, or legally defeased, pursuant to the Indenture; (ii) all Administrative Expenses from prior Fiscal Years have been paid or reimbursed; and (iii) there are no other Authorized Facilities that the Authority or the CFD intends to fund with proceeds of Bonds or of Special Tax A as confirmed in writing by the CFD Administrator. "Transition Year" means the earlier of: (i) the first Fiscal Year in which the Administrator determines that the Transition Event occurred in the prior Fiscal Year, or (ii) Fiscal Year 2065-66. "Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed Property, Approved Property, or Provisional Exempt Property. B-5 "Unit" means any residential dwelling unit excluding dwelling units within Multifamily Residential Property. SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year, beginning with Fiscal Year 2024-25, each Assessor's Parcel within CFD No. 23-02 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor's Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property, or Provisional Exempt Property. In addition, each Assessor's Parcel of Developed Property shall further be classified as Residential Property, Multifamily Residential Property or Non -Residential Property. Assessor's Parcels of Residential Property shall be further categorized based on the Building Square Footage of each such Assessor's Parcel. SECTION C MAXIMUM SPECIAL TAX A Developed Property For each Fiscal year, the Maximum Special Tax A for each Assessor's Parcel of Residential Property, Multifamily Residential Property or Non -Residential Property shall be the greater of (i) the Assigned Annual Special Tax A or (ii) the Backup Annual Special Tax A. 2. Approved Property, Undeveloped Property, and Provisional Exempt Property For each Fiscal year, the Maximum Special Tax A for each Assessor's Parcel classified as Approved Property, Undeveloped Property, or Provisional Exempt Property shall be the Assigned Annual Special Tax A. 3. Increase in the Maximum Special Tax A On each July 1, commencing July 1, 2025, the Maximum Special Tax A shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. 4. Maximum Special Tax A at Transition Year For the Transition Year and each Fiscal Year thereafter, the Maximum Special Tax A for any Assessor's Parcel of Taxable Property shall be $0.00. Notwithstanding the forgoing, if there are delinquent Special Tax A taxes on a Parcel, such delinquent Special Tax A taxes will continue to constitute a lien against the Parcel until they are collected. SECTION D ASSIGNED ANNUAL SPECIAL TAX A Developed Property Each Fiscal Year prior to the Transition Year, each Assessor's Parcel of Residential Property, Multifamily Residential Property or Non -Residential Property shall be subject to an Assigned Annual Special Tax A. The Assigned Annual Special Tax A applicable to an Assessor's Parcel of Developed Property shall be determined using the table below. TABLE 1 ASSIGNED ANNUAL SPECIAL TAX A RATES FOR DEVELOPED PROPERTY FISCAL YEAR 2024-25 Land Use Type Building Square Footage Assigned Special Tax A Residential Property Less than 1,500 $3,740 per Unit Residential Property 1,500 — 1,599 $3,860 per Unit Residential Property 1,600 — 1,699 $3,980 per Unit Residential Property 1,700 — 1,799 $4,100 per Unit Residential Property Greater than 1,799 $4,220 per Unit Multifamily Residential Property N/A $83,890 per Acre Non -Residential Property N/A $83,890 per Acre 2. Approved Property, Undeveloped Property and Provisional Exempt Property Each Fiscal Year, prior to the Transition Year, each Assessor's Parcel of Approved Property, Undeveloped Property, and Provisional Exempt Property shall be subject to an Assigned Annual Special Tax A. The Assigned Annual Special Tax A rate for an Assessor's Parcel classified as Approved Property, Undeveloped Property, or Provisional Exempt Property shall be determined pursuant to Table 2 below. TABLE 2 ASSIGNED ANNUAL SPECIAL TAX RATES FOR APPROVED PROPERTY, UNDEVELOPED PROPERTY, AND PROVISIONAL EXEMPT PROPERTY FISCAL YEAR 2024-25 Assigned Special Tax A $83,890 per Acre 3. Increase in the Assigned Annual Special Tax A On each July 1, commencing July 1, 2025, the Assigned Annual Special Tax A for any Assessor's Parcel of Taxable Property shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. 4. Assianed Annual Special Tax A at Transition Year For the Transition Year and each Fiscal Year thereafter, the Assigned Annual Special Tax A for all Taxable Property shall be $0.00. Notwithstanding the forgoing, if there are delinquent Special Tax A taxes on a Parcel, such delinquent Special Tax A taxes will continue to constitute a lien against the Parcel until they are collected. SECTION E BACKUP ANNUAL SPECIAL TAX A At the time a Final Map is recorded, the CFD Administrator shall determine the Backup Annual Special Tax A for all Assessor's Parcels classified or reasonably expected to be classified as Residential B-7 Property within such Final Map by multiplying the Maximum Special Tax A rate for Undeveloped Property by the total Acreage of Taxable Property, excluding the Provisional Exempt Property Acreage, Non -Residential Property Acreage, Multifamily Residential Property Acreage and any Acreage reasonably expected to be classified as Exempt Property, and dividing such amount by the total number of such Assessor's Parcels which are classified or reasonably expected to be classified as Residential Property. The Backup Annual Special Tax A rate for Multifamily Residential Property or Non -Residential Property shall be its Assigned Annual Special Tax A rate. On each July 1, commencing July 1, 2024, the Backup Annual Special Tax A shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the previous Fiscal Year. Notwithstanding the foregoing, if Assessor's Parcels which are classified or to be classified as Residential Property, Non -Residential Property or Multifamily Property are subsequently changed by recordation of a lot line adjustment, Final Map amendment, new Final Map or similar instrument, then the Backup Annual Special Tax A shall be recalculated within the area that has been changed to equal the amount of Backup Annual Special Tax A that would have been generated if such change did not take place. SECTION F METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX A Commencing Fiscal Year 2024-25 and for each subsequent Fiscal Year, the Board of Directors shall levy the Annual Special Tax A in accordance with the following steps: Step One: The Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Annual Special Tax A rates in Table 1 to satisfy the Special Tax A Requirement. Step Two: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the applicable Maximum Annual Special Tax A to satisfy the Special Tax A Requirement. Step Three: If additional moneys are needed to satisfy the Special Tax A Requirement after the first two steps have been completed, the Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Maximum Annual Special Tax A for Undeveloped Property applicable to each such Assessor's Parcel as needed to satisfy the Special Tax A Requirement. Step Four: If additional moneys are needed to satisfy the Special Tax A Requirement after the first three steps have been completed, the Annual Special Tax A on each Assessor's Parcel of Developed Property for which the Maximum Special Tax A is the Backup Annual Special Tax A shall be increased Proportionately from the Assigned Annual Special Tax A up to 100% of the Backup Annual Special Tax A as needed to satisfy the Special Tax A Requirement. Step Five: If additional moneys are needed to satisfy the Special Tax A Requirement after the first four steps have been completed, the Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel of Provisional Exempt Property up to 100% of the Maximum Annual Special Tax A applicable to each such Assessor's Parcel as needed to satisfy the Special Tax A Requirement. B-8 Notwithstanding the foregoing, pursuant to Section 53321 (d) of the Act, the Special Tax A levied against an Assessor's Parcel used for private residential purposes shall under no circumstances increase more than ten (10%) as a consequence of delinquency of default by the owner of any other Assessor's Parcel or Assessor's Parcels and shall, in no event, exceed the Maximum Special Tax A in effect for the Fiscal Year in which the Special Tax A is being levied. SECTION G PREPAYMENT OF SPECIAL TAX A The following definitions apply to this Section G: "Business Day" means days Temecula City Hall is open for business. "CFD Public Facilities Amount" means $13,486,000 expressed in 2024 dollars, which shall increase by the Construction Inflation Index on July 1, 2024, and on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide the Authorized Facilities under the authorized bonding program, or (ii) shall be determined by the Board of Directors concurrently with a covenant that the CFD will not issue any more Bonds. "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 News -Record Building Cost Index for the City of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities Amount minus (i) Bond proceeds deposited in an Improvement Fund and (ii) other amounts (proceeds of the levy of Special Tax A, interest earnings, etc.) held in an Improvement Fund that were available to fund such CFD Public Facilities Amount prior to the date of prepayment. "Improvement Fund" means any fund or account established under an Indenture to hold funds which were or continue to be available for expenditure to pay costs of Authorized Facilities and any fund or account established prior to the issuance of Bonds for such purpose. "Outstanding Bonds" means the principal amount of all previously issued Bonds which will remain outstanding after the payment from the amount of any Special Tax A that has therefore been levied, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax A. Prepayment in Full The Special Tax A obligation may be prepaid and permanently satisfied for (i) Assessor's Parcels of Developed Property, (ii) Assessor's Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved or Undeveloped Property for which a Building Permit has not been issued, and (iv) Assessor's Parcels of Provisional Exempt Property that are not Exempt Property pursuant to Section P. The Special Tax A obligation applicable to an Assessor's Parcel may be fully prepaid and the obligation to pay the Special Tax A for such Assessor's Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there is no delinquent Special Tax A with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax A obligation for such Assessor's Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non- refundable deposit determined by the CFD Administrator to cover the cost to be incurred for the CFD i • in calculating the Prepayment Amount (as defined below) for the Assessor's Parcel. Within 15 business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor's Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Outstanding Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit Equals: Prepayment Amount The Prepayment Amount shall be determined by the CFD Administrator as of the proposed prepayment date as follows: Confirm that no Special Tax A delinquencies apply to such Assessor's Parcel. 2. For Developed Property, compute the Maximum Special Tax A for the Assessor's Parcel. For Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax A for the Assessor's Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor's Parcel. For Approved Property or Undeveloped Property for which a Building Permit has not been issued or Provisional Exempt Property, compute the Maximum Special Tax A for the Assessor's Parcel. 3. Divide the Maximum Special Tax A derived pursuant to paragraph 2 by the total amount of Special Tax A that could be levied on all Taxable Property based on the applicable Maximum Special Tax A, including for Approved Property or Undeveloped Property for which a Building Permit has been issued, the Maximum Special Tax A for the Assessor's Parcel as though it was already designated as Developed Property. The calculation of the total amount of Maximum Special Tax A shall exclude Assessor's Parcels for which the Special Tax A obligation has been previously prepaid in full or the portion thereof that has been previously prepaid in part. 4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the "Bond Redemption Amount"). 5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"). 6. Determine the Future Facilities Costs. 7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor's Parcel (the "Future Facilities Amount"). B-10 8. Determine 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 on which Bonds can be redeemed from Special Tax prepayments. 9. Determine the Special Tax A levied on the Assessor's Parcel in the current Fiscal Year which have not yet been paid. 10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount. 11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the "Defeasance Amount"). 12. Verify the administrative fees and expenses of the CFD, including the cost of computation of the Prepayment Amount not funded from the deposit, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Special Tax A obligation for the Assessor's Parcel and the redemption of Outstanding Bonds (the "Administrative Fees and Expenses"). 13. 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. 14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit. 15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Improvement Fund. The Administrative Fees and Expenses shall be retained by the CFD to be used for payment thereof. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax A prepayments of Outstanding 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 pursuant to paragraph 9 above, if applicable and possible, the CFD Administrator shall remove the current Fiscal B-11 Year's Special Tax A levy for the Assessor's Parcel from the County tax roll. With respect to any Assessor's Parcel for which the Special Tax A obligation 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 obligation and the release of the lien securing the payment of Special Tax A for the Assessor's Parcel, and the obligation to pay the Special Tax A for such Assessor's Parcel shall cease. Notwithstanding the foregoing, no Special Tax A prepayment (whether in full pursuant to this Section G or in part pursuant to Section H below) shall be allowed unless the amount of Maximum Special Tax A that may be levied on all Assessor's Parcels of Taxable Property, excluding all Provisional Exempt Property and all Assessor's Parcels with delinquent Special Taxes, after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses, all as determined by the CFD Administrator. Tenders of Bonds in prepayment of the Maximum Special Tax A obligation may be accepted upon the terms and conditions established by the Board of Directors pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case -by -case basis as specifically approved by the Board of Directors. SECTION H PARTIAL PREPAYMENT OF SPECIAL TAX A The Special Tax A obligation for an Assessor's Parcel of Developed Property, Approved Property or Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section G shall be modified as provided by the following formula: PP = ((PE —A) x F) + A These terms have the following meaning: PP = Partial Prepayment PE = the Prepayment Amount calculated according to Section G F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the Maximum Special Tax A obligation A = the Administrative Fees and Expenses determined pursuant to Section G The owner of an Assessor's Parcel who desires to partially prepay the Special Tax A obligation for the Assessor's Parcel shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Special Tax A obligation, and (ii) the percentage of the Maximum Special Tax A obligation such owner wishes to prepay. Within 5 Business Days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 Business Days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment for the Assessor's Parcel. A Partial Prepayment must be made not less than 60 days prior to the redemption date for any Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment. With respect to any Assessor's Parcel for which the Maximum Special Tax A obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment as provided in Paragraph 15 of Section G and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the Assessor's Parcel and that a portion of the Special Tax A obligation equal to the remaining percentage (1.00 - F) of Special Tax A obligation will continue to be levied on the Assessor's Parcel pursuant to Section F. B-12 SECTION I MAXIMUM SPECIAL TAX B Developed Property Maximum Special Tax B Each Fiscal Year, each Assessor's Parcel of Residential Property, Multifamily Residential Property, or Non -Residential Property shall be subject to a Maximum Annual Special Tax B. The Maximum Annual Special Tax B applicable to an Assessor's Parcel of Developed Property shall be determined using the table below. TABLE 3 MAXIMUM SPECIAL TAX B RATES FOR DEVELOPED PROPERTY FISCAL YEAR 2024-25 Land Use Type Maximum Special Tax B Residential Property $420 per Unit Multifamily Residential Property $8,904 per Acre Non -Residential Property—$8,904 per Acre 2. Approved Property, Undeveloped Property and Provisional Exempt Property No Special Tax B shall be levied on Approved Property, Undeveloped Property, and Provisional Exempt Property. 3. Increase in the Maximum Special Tax B On each July 1, commencing July 1, 2025, the Maximum Special Tax B shall be increased by an amount equal to five and six -tenths percent (5.6%) of the amount in effect for the previous Fiscal Year. 4. Maximum Special Tax B at Transition Year For the Transition Year and each Fiscal Year thereafter, the Maximum Special Tax B for any Assessor's Parcel of Developed Property shall be $0.00. SECTION J METHOD OF APPORTIONMENT OF THE SPECIAL TAX B Commencing with Fiscal Year 2024-25 and for each following Fiscal Year, the Authority shall levy the Special Tax B at up to 100% of the applicable Maximum Special Tax B, Proportionately on each Assessor's Parcel of Developed Property until the amount of Special Tax B equals the Special Tax B Requirement. Notwithstanding the foregoing, pursuant to Section 53321 (d) of the Act, the Special Tax B levied against an Assessor's Parcel used for private residential purposes shall under no circumstances increase more than ten (10%) as a consequence of delinquency of default by the owner of any other Assessor's Parcel or Assessor's Parcels and shall, in no event, exceed the Maximum Special Tax B in effect for the Fiscal Year in which the Special Tax B is being levied. B-13 SECTION K PREPAYMENT OF SPECIAL TAX B No prepayments of Special Tax B are permitted. SECTION L MAXIMUM SPECIAL TAX C Developed Property Maximum Special Tax C For the Transition Year and each Fiscal Year thereafter, each Assessor's Parcel of Residential Property, Multifamily Residential Property, or Non -Residential Property shall be subject to a Maximum Special Tax C. The Maximum Special Tax C applicable to an Assessor's Parcel of Developed Property shall be determined using the table below. TABLE 4 MAXIMUM SPECIAL TAX C RATES FOR DEVELOPED PROPERTY FISCAL YEAR 2024-25 Land Use Type Maximum Special Tax C Residential Property $785 per Unit Multifamily Residential Property $16,641 per Acre Non -Residential Property $16,641 per Acre 2. Approved Property, Undeveloped Property and Provisional Exempt Property No Special Tax C shall be levied on Approved Property, Undeveloped Property, and Provisional Exempt Property. 3. Increase in the Maximum Special Tax C On each July 1, commencing July 1, 2025, the Maximum Special Tax C shall be increased by an amount equal to five and six -tenths percent (5.6%) of the amount in effect for the previous Fiscal Year. SECTION M METHOD OF APPORTIONMENT OF THE SPECIAL TAX C For the Transition Year and each Fiscal Year thereafter, the Authority shall levy the Special Tax C at up to 100% of the applicable Maximum Special Tax C, Proportionately on each Assessor's Parcel of Developed Property until the amount of Special Tax C equals the Special Tax C Requirement. Notwithstanding the foregoing, pursuant to Section 53321 (d) of the Act, the Special Tax C levied against an Assessor's Parcel used for private residential purposes shall under no circumstances increase more than ten (10%) as a consequence of delinquency of default by the owner of any other Assessor's Parcel or Assessor's Parcels and shall, in no event, exceed the Maximum Special Tax C in effect for the Fiscal Year in which the Special Tax C is being levied. B-14 SECTION N PREPAYMENT OF SPECIAL TAX C No prepayments of Special Tax C are permitted. SECTION O TERM OF THE SPECIAL TAX A, SPECIAL TAX B, AND SPECIAL TAX C For each Fiscal Year that any Bonds are outstanding the Special Tax A shall be levied on all Assessor's Parcels subject to the Special Tax A. If any delinquent Annual Special Tax A amounts remain uncollected prior to or after the Transition Year, the Special Tax A may be levied to the extent necessary to reimburse CFD 23-02 for uncollected Annual Special Tax A amounts associated with the levy of such Special Tax A amounts, but not later than the 2064-65 Fiscal Year. Prior to the Transition Year, Special Tax B shall be levied as long as the Authorized Services are being provided. Special Tax B shall not be levied during or after the Transition Year. For the Transition Year and each Fiscal Year thereafter, Special Tax C shall be levied in perpetuity as long as the Authorized Services are being provided. SECTION P EXEMPT PROPERTY The CFD Administrator shall classify as Exempt Property (i) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or which make use as a dwelling unit, or otherwise, infeasible by a homeowners' association, (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor's Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) other types of public uses determined by the CFD Administrator. The CFD Administrator shall classify such Assessor's Parcels as Exempt Property in the chronological order in which property becomes Exempt. Notwithstanding the foregoing, the CFD Administrator for purposes of levying the Special Tax shall not, except for any Assessor's Parcel on which the Special Tax cannot be levied pursuant to the Mello -Roos Act, classify an Assessor's Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than the Acreage amounts listed in Table 5 below. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than the Acreage amounts listed in Table 5 will be classified as Provisional Exempt Property, and will be subject to the levy of Special Tax pursuant to Step Five in Section F. No Special Tax shall be levied on any Assessor's Parcel in any Fiscal Year in which such Assessor's Parcel is classified as Exempt Welfare Exemption Property. TABLE 5 MINIMUM TAXABLE ACRES Acres 11.18 B-15 SECTION Q APPEALS AND INTERPRETATIONS Any property owner claiming that the amount or application of the Annual Special Tax A, Annual Special Tax B, or Annual Special Tax C is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Annual Special Tax A, Annual Special Tax B, or Annual Special Tax C that is disputed. The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Annual Special Tax A, Annual Special Tax B, or Annual Special Tax C in dispute and rule on the appeal. If the CFD Administrator's decision requires that the Annual Special Tax A, Annual Special Tax B, or Annual Special Tax C for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made (except for the last year of levy in the case of the Annual Special Tax A), but an adjustment shall be made to the Annual Special Tax A, Annual Special Tax B, or Annual Special Tax C on that Assessor's Parcel in the subsequent Fiscal Year(s). The Board of Directors may interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguity or to correct or supplement any defective or inconsistent provision hereof. SECTION R MANNER OF COLLECTION The Annual Special Tax A, Annual Special Tax B, and Annual Special Tax C shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD 23-02 may collect the Annual Special Tax A, Annual Special Tax B, and Annual Special Tax C at a different time or in a different manner if necessary to meet its financial obligations. B-16 EXHIBIT C TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 23-02 (PRADO) NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of Directors of the Temecula Public Financing Authority will conduct a public hearing on Tuesday, February 27, 2024 at 6:00 p.m. or as soon thereafter as practicable, in the Temecula City Council chambers located at 41000 Main Street, Temecula, California, to consider the following: INTENT TO FORM TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO 23-02 (PRADO) On January 23, 2024, the Board of Director's 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 — Prado" (the "Resolution of Intention"). Reference is hereby made to the Resolution of Intention on file in the office of the Secretary of the Temecula Public Financing Authority for further particulars. In the Resolution of Intention, the Board of Directors declared its intention to form the Temecula Public Financing Authority Community Facilities District No. 23-02 (Prado) to fund costs of certain public improvements and municipal services identified in an exhibit to the Resolution of Intention. The proposed boundaries of the community facilities district were identified, and the Resolution of Intention identified a proposed special tax to be levied on real property to be included in the community facilities district to fund costs of the public improvements and the municipal services, and/or to pay debt service on bonds to be issued, in a principal amount not to exceed $20,000,000, for the community facilities district to finance costs of the public improvements. In the Resolution of Intention, the Board of Directors provided that the levy of the special tax will be subject to a mailed ballot election among the landowners in the community facilities district. The Board of Directors authorized the Executive Director of the Temecula Public Financing Authority to execute joint community facilities agreements with the City of Temecula, the Temecula Valley Unified School District, the Eastern Municipal Water District and any other public entity that will own and/or operate any of the public improvements, or that will provide any of the services, to be funded by the community facilities district, ordered the Director of Public Works of the City to prepare a report on the community facilities district, and called for a public hearing on the community facilities district. The Resolution of Intention also authorized the Executive Director of the Temecula Public Financing Authority to execute an Acquisition Agreement with Meritage Homes of California, Inc. relative to the construction and financing of improvements authorized to be financed by the community facilities district, in the form on file with the Secretary of the Authority. At the hearing, the testimony of all interested persons or taxpayers for or against the establishment of the community facilities district, the extent of the community facilities district or the furnishing of specified types of public improvements and services will be heard. Any person interested may file a protest in writing with the Secretary of the Authority. 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 community facilities district, or the owners of one-half or more of the area of land in the territory proposed to be included in the community facilities district and not exempt from the special tax file written protests against the establishment of the community facilities district and the protests are not withdrawn to reduce the value of the protests to less C-1 than a majority, the Board of Directors of the Authority shall take no further action to establish the community facilities district or authorize 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 public improvements or services within the community facilities district, or against levying a specified special tax, those types of public improvements or services, or the specified special tax, will be eliminated from the proceedings to form the community facilities district. Any person interested in these matters is invited to comment either for or against the above item. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Board of Directors of the Authority at or prior to the public hearing. /s/ Randi Johl Secretary, Temecula lic Financing Authority C-2 RESOLUTION NO. TPFA 2024- 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.23-02 (PRADO) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. 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 — Prado," 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 the costs of certain public improvements (the "Facilities"), and the costs of providing certain municipal services. Section 2. This Board of Directors estimates that in order to finance the Facilities it is necessary to incur bonded indebtedness of the proposed Temecula Public Financing Authority Community Facilities District No. 23-02 (Prado) (the "District") in the amount of not to exceed $20,000,000. Section 3. The bonded indebtedness is proposed to be incurred for the purpose of financing all or a portion of the costs of the Facilities, including costs incidental to or connected with the accomplishment of said purposes and of the financing thereof. Section 4. 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 $20,000,000, 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 5. Tuesday, February 27, 2024, at 6:00 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, 41000 Main Street, 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 6. 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 be substantially in the form of Exhibit A hereto. Section 7. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 23rd day of January, 2024. James Stewart, Chair ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 2024- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 23rd day of January, 2024, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: I_ : W: I :T97_11 to] 07L1aL10.1a C� ABSENT: BOARD MEMBERS: Randi Johl, Secretary EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 23-02 (PRADO) NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of Directors of the Temecula Public Financing Authority will conduct a public hearing on Tuesday, February 27, 2024 at 6:00 p.m. or as soon thereafter as practicable, in the Temecula City Council chambers located at 41000 Main Street, Temecula, California, to consider the following: INTENT TO INCUR INDEBTEDNESS TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO 23-02 (PRADO) On January 23, 2024, 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. 23-02 (Prado)" (the "Resolution of Intention to Incur Indebtedness"). Reference is hereby made to the Resolution of Intention to Incur Indebtedness on file in the office of the Secretary of the Temecula Public Financing Authority for further particulars. In the Resolution of Intention to Incur Indebtedness, the Board of Directors declared its intention to authorize the issuance and sale of bonds in the maximum principal amount of $20,000,000 for the Temecula Public Financing Authority Community Facilities District No. 23-02 (Prado) to finance costs of certain public improvements. The testimony of all interested persons, including all persons owning property in the area included in the proposed community facilities district, for or against the proposed debt issuance will be heard at the public hearing. Any person interested in these matters is invited to attend and present testimony either for or against the above item. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Board of Directors at or prior to the public hearing. s/ Randi Johl Secretary, Temecula Public Financing Authority A-1 RESOLUTION NO.2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT RELATING TO THE FINANCING OF PUBLIC IMPROVEMENTS AND MUNICIPAL SERVICES, AND IMPLEMENTATION OF AN ACQUISITION AGREEMENT — CFD 23-02 (PRADO) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Temecula Public Financing Authority (the "Authority") is undertaking proceedings to form the Temecula Public Financing Authority Community Facilities District No. 23-02 (Prado) (the "CFD") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"), and the Authority intends to issue bonds of the Authority for the CFD (the "Bonds") in order to finance, among other improvements, the costs of public improvements (the "Improvements") to be owned and/or operated by the City of Temecula (the "City") described in the proceedings to form the CFD. Section 2. The CFD is also expected to be authorized to fund certain maintenance services (the "Services") described in the proceedings to form the CFD. Section 3. In order to enable the CFD to finance the Improvements and the Services, Section 53316.2 of the California Government Code requires that the City and the Authority enter into a joint community facilities agreement prior to the adoption by the Authority of a resolution authorizing the issuance of the Bonds, with respect to the portion of the Improvements to be owned or operated, and with respect to the Services to be provided, by the City for the CFD. Section 4. A form of joint community facilities agreement, by and between the City and the Authority relating to the Improvements to be owned or operated by the City, and with respect to the Services to be provided by the City for the CFD (the "Joint Community Facilities Agreement") has been filed with the City Clerk. Section 5. The City Council, with the assistance of City staff, has reviewed the Joint Community Facilities Agreement, and the City Council now desires to approve the Joint Community Facilities Agreement and direct its execution and delivery. Section 6. The Authority expects to enter into an Acquisition Agreement (the "Acquisition Agreement") with of the developer of the land in the CFD, whereby developer will construct some of the Improvements to be acquired with the proceeds of the Bonds. Section 7. The implementation of the Acquisition Agreement will involve actions by the Director of Public Works of the City and certain other City officials, and the City Council now desires to authorize City officials to assist in the implementation of the Acquisition Agreement. Section 8. The City Council hereby approves the Joint Community Facilities Agreement in the form on file with the City Clerk, and hereby authorizes and directs the City Manager to execute and deliver the Joint Community Facilities Agreement in such form together with any changes therein deemed advisable by the City Manager upon consultation with the City Attorney and Bond Counsel, the approval of such changes to be conclusively evidenced by the execution and delivery by the City Manager of the Joint Community Facilities Agreement. The City Council hereby declares that the Joint Community Facilities Agreement will be beneficial to the residents residing within the boundaries of the City. Section 9. The City Council hereby authorizes the Director of Public Works and all other appropriate officials of the City to assist the Authority in the implementation of the Acquisition Agreement, and to perform those functions described in the Acquisition Agreement as to be performed by officials of the City. Section 10. The Mayor, City Manager, Director of Finance, the Director of Public Works and City Clerk, and all other officers of the City, are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder to implement the Joint Community Facilities Agreement and to assist the Authority in implementing the Acquisition Agreement, including but not limited to the execution and delivery of any and all agreements, certificates, documents and other instruments which they, or any of them, deem necessary or desirable and not inconsistent with the purposes of this Resolution and such agreements. Section 11. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 23rd day of January, 2024. James Stewart, Chair ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 2024- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 23rd day of January, 2024, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: I_ : W: I :T97_11 to] 07L1aL10.1a C� ABSENT: BOARD MEMBERS: Randi Johl, Secretary Quint & 1 himmig LLP 11/8/23 11/19/23 PETITION (Including Waivers) To Create a Community Facilities District and With Respect to Related Matters To the Board of Directors of the Temecula Public Financing Authority 41000 Main Street Temecula, California 92589-9033 Dear Directors: This is a petition to create a community facilities district, and with respect to related matters, under Sections 53311 and following of the California Government Code (the "Act"), and the undersigned hereby states as follows: 1. Petitioner. This petition is submitted by the entity identified below (the "Petitioner") as the owner of the parcels of land identified below (the "Land"). By submitting this petition, the Petitioner represents to the Temecula Public Financing Authority (the "Authority") that it is the sole owner of the Land, and that the person executing this Petition is authorized to execute it for the Petitioner. 2. Proceedings Requested. The Petitioner hereby asks that the Board of Directors of the Authority undertake proceedings under the Act to create a community facilities district to be designated "Temecula Public Financing Authority Community Facilities District No. 23-02 (Prado)" (the "CFD"), to levy special taxes in the CFD and to authorize special tax bonds for the CFD in an amount of not to exceed $20,000,000. 3. Boundaries of CFD. The Petitioner hereby asks that the territory to be included within the boundaries of the CFD include the Land. 4. Purpose of CFD. The Petitioner hereby asks that the CFD be created, the special taxes be levied and the bonds be issued (a) to finance costs of the public improvements and the elimination of liens or payment of indebtedness of any overlapping district identified as the "Facilities" on Exhibit A hereto, and (b) to finance other costs of issuing the special tax bonds and of providing a reserve fund for the bonds. It is also expected that special taxes will be levied to fund costs of the "Municipal Services" identified on Exhibit A. 5. Election. The Petitioner hereby asks that the special election to be held under the Act to authorize the levy of the special taxes and the issuance of the bonds and to establish an appropriations limit for the CFD be consolidated into a single election and that the election be conducted by the Authority and its officials, using mailed or hand -delivered ballots and that such ballots be opened and canvassed and the results certified at the same meeting of the Board of Directors of the Authority as the meeting at which the public hearings on the CFD under the Act are to be held, or as soon thereafter as possible. 20009.24J19212 6. Waivers. To expedite the completion of the proceedings for the formation of the CFD, the Petitioner hereby waives all notices of hearings and all notices of election, applicable waiting periods under the Act for the election and all ballot analysis and arguments for the election. The Petitioner also waives (a) any requirement as to the specific form of the ballot to be used for the election, whether under the California Elections Code or otherwise, and (b) any notice with respect to the special taxes to be levied on property in the CFD otherwise required by California Government Code Section 54930. This Petition is dated 02ce., e� Sl, , 2023. The property that is the subject Meritage Homes of California, Inc., of this Petition is identified as a California corporation the Riverside County Assessor Parcel Nos.: 916-400-051 By: 916-400-052 Aaron Talarico, 916-400-053 Vice President — Land Acquisition 916-400-070 and Forward Planning The address to which a ballot for the CFD election may be sent: Meritage Homes 5 Peters Canyon Road, Suite 310 Irvine, CA 92606 Attention: Aaron Talarico, Vice President — Land Acquisition and Forward Planning -2- EXHIBIT A DESCRIPTION OF FACILITIES AND MUNICIPAL SERVICES TO BE FUNDED BY THE CFD FACILITIES It is proposed that the CFD be eligible to finance all or a portion of the costs of the following facilities: • The acquisition and construction of: streets (including paving, aggregate base, striping and traffic marking, sidewalks, curbs, gutters and driveways), including Temecula Center Drive, Date Street and Ynez Road within and in the vicinity of the CFD; stormwater drainage systems (including storm drain lines, inlets, outlets, channels, structures, junctions, manholes, catch basins and related dewatering); street light improvements (including light fixtures, substructures, conduits and service points of connection); and street signage (including traffic, stop and street name signs). The foregoing are to include the acquisition of any related right-of-way and other land needed for the installation of any such improvements, demolition of existing structures and site leveling needed for the installation of any such improvements, erosion control, and other appurtenances. • The acquisition and installation of traffic signal improvements, including traffic signal interconnection and video surveillance systems, at the intersection of Ynez Road and Temecula Center Drive. • Landscaping improvements in the public right of way along or in the vicinity of Temecula Center Drive, Date Street and Ynez Road, including related appurtenances. Capital improvements included in the City of Temecula's adopted Capital Improvement Program for Fiscal Years 2024-2028. School improvements to be designated by the Temecula Valley Unified School District, which may include construction of buildings, equipping of school facilities, and acquisition of support and other appurtenances with a useful life of five years or more. Sewer system and water development improvements to be designated by the Eastern Municipal Water District. Water facilities to be designated by the Rancho California Water District All or a portion of any amount necessary to eliminate any fixed special assessment liens, or to pay, repay, or defease any obligation to pay or any indebtedness secured by any tax, fee, charge, or assessment levied within the area of the CFD (including, but not limited to the lien of special taxes by the Temecula Public Financing Authority Community Facilities District No. 01-2 (Harveston), or to pay debt service on any such indebtedness. The Facilities include the acquisition of right-of-way, the costs of design, engineering and planning, the costs of any environmental or traffic studies, surveys or other reports, the cost of any required environmental mitigation and any required noise mitigation measures, landscaping and irrigation, soils testing, permits, plan check and inspection fees, insurance, legal and related overhead costs, coordination and supervision and any other costs or appurtenances related to any of the foregoing. A-1 MUNICIPAL SERVICES It is proposed that the CFD be eligible to fund all or a portion of the costs of the following municipal services: • Public safety services, including police and fire protection. • Maintenance of parks, and landscaping in public areas, public easements and public right of way in or near the area of the CFD, such maintenance to include but not be limited to maintenance of planting areas, trees, bioretention filters, multipurpose trails, and the furnishing of water for irrigation. • Maintenance of public signage in or near the CFD. • Maintenance of storm drainage systems within or serving the area of the CFD, and including storm drain pipes, culverts, detention/desilting basins, manholes, catch basins and drop inlets, cleanout of storm drains and catch basin cleaning and inspection. • Maintenance of sidewalks, streets and roadways within or in the vicinity of the area of the CFD, and including slurry, overlay, curbs and gutters, curb ramps, striping and street sweeping. • Maintenance of street lighting located within or in the vicinity of the CFD, and including decorative lighting and pull box assemblies. • Maintenance of traffic signals, and traffic interconnection and video surveillance systems, within and in the vicinity of the CFD, and including electrical, LED replacement, maintenance and replacement. • Graffiti removal from public improvements within and in the area of the CFD. The CFD may fund any of the following related to the services described above: the funushing of services and materials for the ordinary and usual maintenance, operation and servicing of the improvements, including repair, removal or replacement of all or part of any of the improvements, the furnishing of water for the irrigation and the furnishing of electric current or energy, for any lights or irrigation facilities, obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/or equipment, apparatus, facilities or fixtures in areas to be maintained, obtaining supplies or appurtenant facilities necessary for such maintenance, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses. The CFD may also provide for the reimbursement to the City of Temecula to the extent that the City of Temecula advances funds to pay for any of the foregoing services, and may fund reserves for repairs and replacements and for future expected costs of services. It is expected that the services will be provided by the City of Temecula, either with its own employees or by contract with third parties, or any combination thereof. The services to be financed by the CFD shall be in addition to those provided in the territory of the CFD before the date of creation of the CFD, and will not supplant services already available within that territory when the CFD is created. ADMINISTRATIVE EXPENSES The administrative expenses to be financed by the CFD include the direct and indirect expenses incurred by the Authority and the City in carrying out their respective duties with respect to the CFD (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the County of Riverside related to the CFD or the collection of special taxes, an allocable share of the salaries of the Authority and City staff directly related thereto and a proportionate amount of the Authority's and the City's A-2 general administrative overhead related thereto, any amounts paid by the Authority and the City from its respective general fund with respect to the CFD or the facilities and services authorized to be financed by the CFD, and expenses incurred by the Authority and the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the Authority and City in any way related to the CFD. OTHER The CFD may also finance any of the following: 1. Bond related expenses, including underwriters discount, appraisal and price point study costs, reserve fund, capitalized interest, bond and disclosure counsel fees and expenses, landowner counsel fees and expenses, and all other incidental expenses related to any special tax bonds (the "Bonds") issued for the CFD. 2. Administrative fees of the Authority, the City of Temecula and the Bond trustee or fiscal agent related to the CFD and the Bonds. 3. Reimbursement of costs related to the formation of the CFD advanced by the Authority, the City of Temecula, any landowner in the CFD, or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the Authority, the City of Temecula, any landowner in the CFD or any party related to any of the foregoing, for facilities, fees or other purposes or costs of the CFD. A-3 Quint & Thimmig LLP 12 / 8 / 23 1/2/24 JOINT COMMUNITY FACILITIES AGREEMENT — CITY TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.23-02 (PRADO) This Joint Community Facilities Agreement — City (the "Agreement"), dated for convenience as of January 23, 2024, is by and between the Temecula Public Financing Authority (the "Authority") and the City of Temecula, California (the "Participating Agency"). RECITALS: WHEREAS, the Authority is undertaking proceedings to form the Temecula Public Financing Authority Community Facilities District No. 23-02 (Prado) (the "CFD") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"), and the Authority intends to issue bonds of the Authority for the CFD (the 'Bonds") in order to finance various public improvements to be acquired and constructed in the City of Temecula; and WHEREAS, the improvements to be financed with the proceeds of the Bonds may include the improvements described in Attachment A hereto (the "Improvements"), which Attachment is, by this reference, incorporated herein; and WHEREAS, the CFD will also be authorized to finance certain maintenance services (the "Services"), and the Participating Agency is willing to provide the Services to the extent it is reimbursed for the costs thereof by the CFD; and WHEREAS, some of the Improvements designated as the CFD Designated Facilities on Attachment A (the "CFD Designated Facilities") are to be constructed by Meritage Homes of California, Inc., the owner of the land in the CFD (the "Developer"), and the Authority expects to enter into an Acquisition Agreement (the "Acquisition Agreement") with the Developer, whereby the Authority will use proceeds of the Bonds to acquire the CFD Designated Facilities from the Developer; and WHEREAS, the parties hereto expect that the Participating Agency will own and operate the CFD Designated Facilities if they comply with the standards and have been completed to the satisfaction of the Participating Agency; and WHEREAS, the implementation of the Acquisition Agreement will involve actions by officials of the Participating Agency, and the Participating Agency is willing to provide the services of its officials as necessary to implement the provisions of the Acquisition Agreement; and WHEREAS, the Improvements designated as the City Designated Facilities on Attachment A (the "City Designated Facilities") will be determined, constructed, and owned and operated by the Participating Agency, costs of which will be funded with Bond proceeds; and WHEREAS, Section 53316.2 of the Act requires that the Authority enter into a joint community facilities agreement with the Participating Agency, prior to the adoption by the Authority of a resolution authorizing the issuance of the Bonds in respect of the Improvements which Improvements are to be financed with the proceeds of the Bonds, and, upon completion, 20009.24:J19207 are to be owned and operated by the Participating Agency, and in respect to the Services to be provided by the Participating Agency; and WHEREAS the Authority and the Participating Agency now desire to enter into this Agreement to satisfy the requirements of Section 53316.2 of the Act and to memorialize their understanding with respect to the proceeds of the Bonds, the Improvements, the Services and the Acquisition Agreement, all as more particularly set forth below. NOW, THEREFORE, in consideration of the foregoing and mutual covenants set forth below, the parties hereto do hereby agree as follows: Section 1. Reservation of Bond Funds. If and when it issues the Bonds, the Authority intends to deposit a portion of the proceeds of the Bonds in an Acquisition Account (the "Acquisition Account") of an Improvement Fund (the "Improvement Fund") for the CFD to be available to finance a portion of the costs incurred in connection with the acquisition and construction of the CFD Designated Facilities, and to deposit a portion of the proceeds of the Bonds to a City Account (the "City Account") of the Improvement Fund to finance costs of the City Designated Facilities. Amounts in the Improvement Fund, including in the accounts therein, together with any investment earnings thereon, shall be held in the Improvement Fund for the sole and exclusive benefit of the CFD, and such amount shall in no way be pledged as security for the Bonds. Other than the funds described in the preceding paragraph, the Authority shall have no obligation to pay for any of the costs of the Improvements, including but not limited to any costs of planning, acquisition, construction, installation or inspection of the Improvements. Any costs of the CFD Designated Facilities listed in Attachment A hereto in excess of the proceeds of the Bonds in the Acquisition Account and any earnings thereon while in the Acquisition Account available to pay such costs will be paid by or on behalf of the Developer. Any costs of the City Designated Facilities in excess of the proceeds of the Bonds in the City Account and any earnings thereon while in the City Account available to pay such costs will be paid by the Participating Agency. The Participating Agency shall provide a credit against its development impact fees and Quimby Act fees (together, the "City Development Fees") otherwise payable with respect to the construction of residential dwelling units in the territory of the CFD, on a dollar for dollar basis, equal to amounts disbursed to the Participating Agency from the City Account. In the event that the Developer, prior to the issuance of the Bonds pays to the City either a public facility contribution in the amount of $665,000 (the "Developer Contribution") or any of the City Development Fees, or prepays in full the special taxes on any property in the CFD authorized to be levied by the Authority for its Community Facilities District No. 01-2 (Harveston) (the "Special Tax Prepayment"), the Authority shall, following the issuance of the Bonds, rebate to the Developer an amount equal to the lesser of (a) the aggregate of the Developer Contribution, the City Development Fees and the Special Tax Prepayment so paid, or (b) the amount deposited from the Bond proceeds to the Acquisition Account plus the amount to be rebated in respect of the Special Tax Prepayment that is funded with proceeds of the Bonds. Any such payment to the Developer shall be made upon the written request of the Developer setting forth the amounts to be rebated, and shall be made solely from (i) proceeds of annual special taxes levied on property in the CFD after providing for Bond debt service and CFD administrative expenses, or (ii) the proceeds of the Bonds to the extent approved by bond counsel to the Authority, in any event without interest. -2- Section 2. Construction of Improvements. (a) The CFD Designated Facilities have been or will be constructed pursuant to plans and specifications approved by the Participating Agency. The Participating Agency shall not have any liability whatsoever in respect of any work performed in connection with the CFD Designated Facilities; provided that this sentence shall in no way limit any rights the Participating Agency may have against any persons or entities in respect of the acquisition or construction of the CFD Designated Facilities once the Participating Agency accepts title to and control over the CFD Designated Facilities. To the extent that the Participating Agency incurs expenses incident to reviewing and approving design plans and specifications, conducting construction field inspections and otherwise in connection with the design, construction and acceptance of the CFD Designated Facilities, such expenses may be reimbursed to the Participating Agency upon presentation of invoices as to the nature and amount of such costs and expenses, from available amounts in the Acquisition Account, or if there are no such available funds, then from one of the owners of the land in the CFD (as may be required in any applicable subdivision improvement agreements pertaining thereto) or from any other legally available funds. (b) The Participating Agency (i) shall determine the specific City Designated Facilities to be funded in whole or in part with funds in the City Account, each of which shall have a useful life of five years or longer, shall be owned by the Participating Agency or a governmental entity (other than the federal government) in which no nongovernmental entity (or the federal government) has any special legal entitlements; (ii) shall proceed with due diligence to complete the improvements and to pay costs thereof from amounts in the City Account within three years of the date of issuance of the Bonds; and (iii) reasonably expects to draw and expend all amounts in the City Account within three years of the date of issuance of the Bonds. The Participating Agency shall be responsible for the construction of the City Designated Facilities, cost of which shall be paid from amounts in the City Account or from other lawfully available funds of the Participating Agency. Section 3. Inspection and Acceptance; Ownership. (a) The Participating Agency shall cause inspections to be made during the construction of the CFD Designated Facilities in accordance with its customary procedures for construction projects of a similar nature. Upon completion of construction of the CFD Designated Facilities to the satisfaction of the Participating Agency, the Participating Agency shall accept dedication of the CFD Designated Facilities in accordance with its customary procedures, and shall accept ownership, and responsibility for operation of the CFD Designated Facilities conditioned upon the passage to the Participating Agency of fee title clear of all encumbrances and easements not otherwise acceptable to the Participating Agency in its sole discretion. The Participating Agency shall have no responsibility with respect to the ownership or operation of the CFD Designated Facilities unless and until construction has been completed to the satisfaction of the Participating Agency. The Authority shall have no obligation to at any time own or operate any of the CFD Designated Facilities. (b) The Participating Agency shall own all of the City Designated Facilities during their construction and upon their completion. The Authority shall have no obligation to at any time own or operate any of the City Designated Facilities. (c) The Participating Agency shall not sell or lease all or any portion of the Improvements, or grant any special legal entitlements to any of the Improvements, that would cause the Authority to be in breach of its covenants related to the tax-exempt status of the interest on the Bonds. -3- Section 4. Provision of Services. The Participating Agency hereby agrees to provide, or cause to be provided, the Services authorized to be financed by the CFD and otherwise identified in Attachment A hereto, but only to the extent and so long as proceeds of special taxes levied in the CFD are made available to the Participating Agency for such purpose. Section 5. Assistance with Acquisition Agreement. The Participating Agency hereby agrees to assist the Authority in connection with the implementation of the Acquisition Agreement by making its Director of Public Works and other officials available for the purposes, on the terms and as otherwise provided for in the Acquisition Agreement with respect to any actions to be performed by Participating Agency officials under the Acquisition Agreement. Section 6. Limited Obligations. All obligations of the Authority under and pursuant to this Agreement shall be limited (a) with respect to the Improvements, to the amounts on deposit in the Acquisition Account and the City Account of the Improvement Fund and described in Section 1 above, and (b) with respect to the Services, to the proceeds of special taxes levied in the CFD for such purpose and otherwise collected from the property owners in the CFD. No Boardmember, officer or employee of the Authority shall in any event be personally liable hereunder. The sole obligation of the Participating Agency hereunder with respect to the CFD Designated Facilities shall be to inspect and accept the CFD Designated Facilities as described above, and as otherwise provided in Section 3(c) above. The Participating Agency shall have no responsibility or obligation with respect to the CFD Designated Facilities for any action occurring prior to acceptance by the Participating Agency. If, for any reason whatsoever, there are insufficient funds to complete the CFD Designated Facilities or any portion thereof, the Participating Agency shall have no obligation under this Agreement to fund any such shortfall. The sole obligation of the Participating Agency with respect to the City Designated Improvements shall be as set forth in Sections 2(b) and 3(b) and (c) above. The sole obligation of the Participating Agency hereunder with respect to the Services shall be to provide all or such portion of the Services as the Participating Agency shall determine can be provided for in respect of any special tax revenue from the CFD made available to the Participating Agency for such purpose. The sole obligation of the Participating Agency hereunder with respect to the Acquisition Agreement shall be to make available officials of the Participating Agency specifically referenced in, and for the tasks specifically to be undertaken by such officials under the terms of, the Acquisition Agreement. If the Participating Agency shall fail to perform any of its obligations hereunder, the sole remedy of the Authority shall be the commencement of an action in the Superior Court for specific performance by the Participating Agency of such obligations. Section 7. Termination. Notwithstanding any other provision of this Agreement, this Agreement shall cease to be effective and shall terminate if the Bonds are not issued by December 31, 2033. If not earlier terminated pursuant to the preceding sentence, this Agreement shall terminate: (a) as to the Improvements, upon acceptance of the ownership and operation of the CFD Designated Facilities by the Participating Agency, and disbursement of all amounts from the Improvement Fund to pay costs of the Improvements, and (b) as to the Services, when the special taxes are no longer levied on the property owners in the CFD. -4- Section 8. No Obligation to Form CFD; Agreement of Benefit to Residents. The provisions of this Agreement shall in no way obligate the Authority to form the CFD or to issue the Bonds. Notwithstanding the foregoing, by their respective execution of this Agreement, the Authority and the Participating Agency each declare that this Agreement is beneficial to the residents within the jurisdiction of their respective entities in assuring the provision of financing for a portion of the costs of the Improvements and the Services in furtherance of the purposes of the Act. Section 9. Partial Invalidity. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. Section 10. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Section 11. Beneficiaries. This Agreement is for the benefit of the Authority and the Participating Agency and their successors and assigns, and no other person or entity shall be deemed to be a beneficiary hereof or have an interest herein; provided, however, that notwithstanding the foregoing Meritage Homes of California, Inc. is a third party beneficiary of the third and fourth paragraphs of Section 1 above and shall have the right to enforce such provision against the Authority and Participating Agency, but solely by an action for specific performance. Section 12. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. -5- ********** IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year written alongside their signature below. 20009.24:J19207 CITY OF TEMECULA (the "Participating Agency") By: Aaron Adams, City Manager TEMECULA PUBLIC FINANCING AUTHORITY (the "Authority") By: Aaron Adams, Executive Director [signature page to CFD 23-02 - Joint Community Facilities Agreement - City] S-1 ATTACHMENT A DESCRIPTION OF THE IMPROVEMENTS CFD Designated Facilities The acquisition and construction of: streets (including paving, aggregate base, striping and traffic marking, sidewalks, curbs, gutters and driveways), including Temecula Center Drive, Date Street and Ynez Road within and in the vicinity of the CFD; stormwater drainage systems (including storm drain lines, inlets, outlets, channels, structures, junctions, manholes, catch basins and related dewatering); street light improvements (including light fixtures, substructures, conduits and service points of connection); and street signage (including traffic, stop and street name signs). The foregoing are to include the acquisition of any related right-of-way and other land needed for the installation of any such improvements, demolition of existing structures and site leveling needed for the installation of any such improvements, erosion control, and other appurtenances. The acquisition and installation of traffic signal improvements, including traffic signal interconnection and video surveillance systems, at the intersection of Ynez Road and Temecula Center Drive. • Landscaping improvements in the public right of way along or in the vicinity of Temecula Center Drive, Date Street and Ynez Road, including related appurtenances. City Designated Facilities • Capital improvements included in the City of Temecula's adopted Capital Improvement Program for Fiscal Years 2024-2028. DESCRIPTION OF THE SERVICES • Public safety services, including police and fire protection. • Maintenance of parks, and landscaping in public areas, public easements and public right of way in or near the area of the CFD, such maintenance to include but not be limited to maintenance of planting areas, trees, bioretention filters, multipurpose trails, and the furnishing of water for irrigation. • Maintenance of public signage in or near the CFD. • Maintenance of storm drainage systems within or serving the area of the CFD, and including storm drain pipes, culverts, detention/desilting basins, manholes, catch basins and drop inlets, cleanout of storm drains and catch basin cleaning and inspection. • Maintenance of sidewalks, streets and roadways within or in the vicinity of the area of the CFD, and including slurry, overlay, curbs and gutters, curb ramps, striping and street sweeping. • Maintenance of street lighting located within or in the vicinity of the CFD, and including decorative lighting and pull box assemblies. • Maintenance of traffic signals, and traffic interconnection and video surveillance systems, within and in the vicinity of the CFD, and including electrical, LED replacement, maintenance and replacement. • Graffiti removal from public improvements within and in the area of the CFD. A-1 Quint & Thimmig LLP 1/9/24 ACQUISITION AGREEMENT by and between the TEMECULA PUBLIC FINANCING AUTHORITY and MERITAGE HOMES OF CALIFORNIA, INC. dated as of January 23, 2024 relating to: Temecula Public Financing Authority Community Facilities District No. 23-02 (Prado) 20009.24:J19203 TABLE OF CONTENTS ARTICLE I DEFINITIONS Section1.01. Definitions......................................................................................................................................................... 1 ARTICLE II RECITALS Section2.01. The CFD............................................................................................................................................................. 3 Section2.02. The Development............................................................................................................................................. 4 Section2.03. The Facilities..................................................................................................................................................... 4 Section2.04. The Financing................................................................................................................................................... 4 Section2.05. The Bonds.......................................................................................................................................................... 4 Section 2.06. No Advantage to Authority Construction................................................................................................... 4 Section2.07. Agreements....................................................................................................................................................... 4 ARTICLE III FUNDING Section3.01. Authority Proceedings.................................................................................................................................... 4 Section3.02. Bonds................................................................................................................................................................. 5 Section3.03. Bond Proceeds.................................................................................................................................................. 5 Section3.04. Special Taxes..................................................................................................................................................... 5 Section3.05. Refunding Bonds.............................................................................................................................................. 6 Section 3.06. Fee Credits and Rebates.................................................................................................................................. 6 ARTICLE IV CONSTRUCTION OF FACILITIES Section4.01. Plans................................................................................................................................................................... 6 Section 4.02. Construction of Facilities................................................................................................................................ 6 Section 4.03. Relationship to Public Works; Bidding Requirements............................................................................... 7 Section 4.04. Independent Contractor; No Joint Venture.................................................................................................. 8 Section 4.05. Performance and Payment Bonds................................................................................................................. 8 Section 4.06. Contracts and Change Orders........................................................................................................................ 9 Section4.07. Time for Completion....................................................................................................................................... 9 ARTICLE V ACQUISITION AND PAYMENT Section5.01. Inspection.......................................................................................................................................................... 9 Section 5.02. Agreement to Sell and Purchase Facilities................................................................................................... 9 Section5.03. Payment Requests..........................................................................................................................................10 Section 5.04. Processing Payment Requests......................................................................................................................10 Section5.05. Payment...........................................................................................................................................................10 Section 5.06. Restrictions on Payments..............................................................................................................................11 Section 5.07. Acquisition of Additional Facilities.............................................................................................................13 Section 5.08. Defective or Nonconforming Work.............................................................................................................14 Section 5.10. Right of City to Make Withdrawals From Improvement Fund..............................................................14 ARTICLE VI OWNERSHIP AND TRANSFER OF FACILITIES Section 6.01. Facilities to be Owned by the City — Conveyance of Land and Easements to City..............................14 Section 6.02. Facilities to be Owned by the City — Title Evidence.................................................................................15 Section 6.03. Facilities Constructed on Private Lands.....................................................................................................15 Section 6.04. Facilities Constructed on City Land............................................................................................................15 Section 6.05. Facilities to be Acquired by Other Public Agencies..................................................................................15 Section 6.06. Maintenance and Warranties.......................................................................................................................15 ARTICLE VII INSURANCE; RESPONSIBILITY FOR DAMAGE Section 7.01. Liability Insurance Requirements................................................................................................................16 Section 7.02. Responsibility for Damage...........................................................................................................................18 -i- ARTICLE VIII REPRESENTATIONS, WARRANTIES AND COVENANTS Section 8.01. Representations, Covenants and Warranties of RVR...............................................................................19 Section 8.02. Indemnification and Hold Harmless.......................................................................................................... 21 ARTICLE IX TERMINATION Section 9.01. Termination of Funding Obligations.......................................................................................................... 22 Section9.02. Mutual Consent.............................................................................................................................................. 22 Section 9.03. Authority Election for Cause........................................................................................................................ 22 Section9.04. Force Majeure................................................................................................................................................. 23 Section 9.05. Survival of Certain Provisions..................................................................................................................... 23 ARTICLE X MISCELLANEOUS Section 10.01. Limited Liability of Authority..................................................................................................................... Section10.02. Excess Costs................................................................................................................................................... Section10.03. Audit............................................................................................................................................................... Section10.04. Attorney's Fees.............................................................................................................................................. Section10.05. Notices............................................................................................................................................................ Section10.06. Severability..................................................................................................................................................... Section 10.07. Successors and Assigns................................................................................................................................ Section10.08. Other Agreements......................................................................................................................................... Section10.09. Waiver............................................................................................................................................................. Section10.10. Merger............................................................................................................................................................. Section10.11. Parties in Interest........................................................................................................................................... Section10.12. Amendment................................................................................................................................................... Section10.13. Counterparts.................................................................................................................................................. Section10.14. Governing Law.............................................................................................................................................. Section10.15. Effective Date................................................................................................................................................. EXHIBIT A DESCRIPTION OF FACILITIES ELIGIBLE FOR ACQUISITION FROM THE DEVELOPER EXHIBIT B FACILITIES AND RELATED BUDGETED COSTS EXHIBIT C FORM OF PAYMENT REQUEST 24 24 24 24 24 24 24 25 25 25 25 25 26 26 26 THIS ACQUISITION AGREEMENT (the "Acquisition Agreement"), dated as of January 23, 2024, is by and between (i) the Temecula Public Financing Authority, a joint exercise of powers authority organized and existing under the laws of the State of California (the "Authority"), for and on behalf of the Authority's Community Facilities District No. 23-02 (Prado) (the "CID"), and (ii) Meritage Homes of California, Inc., a California corporation (the "Developer"). ARTICLE I DEFINITIONS Section 1.01. Definitions. The following capitalized terms shall have the meanings given to them in this Section 1.01 for purposes of this Acquisition Agreement. Unless otherwise indicated, any other terms, capitalized or not, when used herein shall have the meanings given to them in the Fiscal Agent Agreement (as hereinafter defined). "Acceptable Title" means title to land or interest therein, in form acceptable to the Director of Public Works, which title or interest is free and clear of all liens, taxes, assessments, leases, easements and encumbrances, whether or not recorded, but subject to any exceptions determined by the Director of Public Works as not interfering with the actual or intended use of the land or interest therein. Notwithstanding the foregoing, an irrevocable offer of dedication may constitute land with an "Acceptable Title" if: (i) such offer is necessary to satisfy a condition to a tentative or final parcel map, (ii) such offer is in a form acceptable to the Director of Public Works, (iii) the Director of Public Works has no reason to believe that such offer of dedication will not be accepted by the applicable public agency, and (iv) the Developer commits in writing not to allow any liens to be imposed on such property prior to its formal acceptance by the applicable public agency. "Acceptance Date" means the date the City Council of the City (or other public entity which is to own a Facility) takes final action to accept dedication of or transfer of title to a Facility. "Acquisition Agreement" means this Acquisition Agreement, together with any Supplement hereto. "Act" means the Mello -Roos Community Facilities Act of 1982, Section 53311 et seq. of the California Government Code, as amended. "Actual Cost" means the substantiated cost of a Facility, which costs may include: (i) the costs (evidenced by payments to parties unrelated to the Developer, or, in the event that the Developer avails itself of the provisions of Section 4.03(C), determined by reference to the written contract to be entered into with the Developer as referenced in said Section) incurred by the Developer for the construction of such Facility, (ii) the reasonable costs incurred by the Developer in preparing the Plans for such Facility and the related costs of design, engineering and environmental evaluations of the Facility, (iii) the fees paid to governmental agencies for obtaining permits, licenses or other governmental approvals for such Facility, (iv) professional costs incurred by the Developer associated with such Facility, such as engineering, architecture, landscape architecture, legal, accounting, inspection, construction staking, materials testing and similar professional services; (v) costs directly related to the construction and / or acquisition of a Facility, such as costs of payment, performance and / or maintenance bonds, and insurance costs related to Facilities (including costs of any title insurance required hereunder, but not including the cost of any insurance described in Section 7.01 of this Acquisition Agreement); -1- and (vi) the out-of-pocket cost to the Developer of any real property or interest therein that the Developer must acquire from one or more entities that are not Affiliates of the Developer and which acquisition is required for the construction of a Facility and which real property or interest therein is required to be conveyed to the public entity that will own or operate such Facility. Actual Cost may include an amount not in excess of five percent (5%) of the cost described in clause (i) of the preceding sentence in respect of any construction, project management or other similar fee payable to the Developer or any party related thereto. Actual Cost shall not include any financing fees, costs or charges, or any interest, cost of carry or other similar charges. "Affiliate" means any entity with respect to which fifty percent (50%) or more of the ownership or voting power is held individually or collectively by the Developer and any other entity owned, controlled or under common ownership or control by or with, as applicable, the Developer, and includes the managing member of any entity that is a limited liability company, and includes all general partners of any entity which is a partnership. Control shall mean ownership of fifty percent (50%) or more of the voting power of or ownership interest in the respective entity. "Authority" means the Temecula Public Financing Authority, a joint exercise of powers agency duly created and existing under the laws of the State. "Bonds" means any bonds issued by the Authority under the Act for the CFD, proceeds of which are deposited to the Improvement Fund to be used to pay costs of the Facilities. "Budgeted Cost" means the estimated cost of a Facility as shown on Exhibit B hereto, as such Exhibit may be revised pursuant to Section 10.12 hereof. "CFD" means the Temecula Public Financing Authority Community Facilities District No. 23-02 (Prado), created by the Board of Directors of the Authority under the Act. "City" means the City of Temecula, California. "City Attorney" means the attorney, or firm of attorneys, serving in the capacity of City Attorney for the City. "Conditions of Approval" means the conditions of approvals and mitigation measures imposed in connection with the granting of the land use entitlements for the development of land in the CFD, and any subdivision improvement, development or other agreement with the City relating to the development of the land in the CFD or the installation of the Facilities. "County" means the County of Riverside, California. "Developer" means Meritage Homes of California, Inc., a California corporation, and its successors and assigns to the extent permitted under Section 10.07 hereof. "Director of Public Works" means the Director of Public Works of the City, or his written designee acting as such under this Acquisition Agreement. "Facilities" means the public facilities described in Exhibit A hereto which are eligible to be financed by the CFD. "Fiscal Agent" means an entity acting as fiscal agent under a Fiscal Agent Agreement, or any successor thereto acting as fiscal agent under a Fiscal Agent Agreement. -2- "Fiscal Agent Agreement" means any agreement by that name, between the Authority for the CFD and the Fiscal Agent, providing for, among other matters, the issuance of the Bonds and the establishment of the Improvement Fund, as executed and as it may thereafter amended and supplemented in accordance with its terms. "Improvement Fund" means (a) prior to the date of issuance of any Bonds, a fund maintained by the Authority into which it will deposit Special Taxes in accordance with section 3.04 hereof; and (b) from and after the issuance of any Bonds, an Acquisition Account within the Improvement Fund established by a Fiscal Agent Agreement. During the period in which the Improvement Fund is to be maintained by the Authority, it may be maintained as a component of any other fund maintained by the Authority and funds therein may be commingled with other Authority funds for investment and safekeeping purposes, so long as the Authority maintains separate records for the amounts deposited thereto, any investment earnings thereon, and any amounts withdrawn therefrom. "Payment Request" means a document, substantially in the form of Exhibit C hereto, to be used by the Developer in requesting payment of a Purchase Price. "Plans" means the plans, specifications, schedules and related construction contracts for the Facilities approved pursuant to the applicable standards of the City or other entity that will own, operate or maintain the Facilities when completed and acquired. As of the date of this Acquisition Agreement, the City standards for construction incorporate those set forth in the Green Book, Standard Specifications for Public Works Construction (SSPWC), adopted by Public Works Standards, Inc., as modified by any applicable City Special Provisions. "Purchase Price" means the amount paid by the Authority for a Facility determined in accordance with Article V hereof, being an amount equal to the Actual Cost of such Facility, but subject to the limitations and reductions provided for in Article V. "Risk Manager" shall mean the person acting in the capacity of Risk Manager for the City. "State" means the State of California. "Supplement" means a written document amending, supplementing or otherwise modifying this Acquisition Agreement and any exhibit hereto, including any amendments to the list of Facilities in Exhibit B, and / or the addition to Exhibit B of additional Facilities to be financed with the proceeds of the Bonds deposited in the Improvement Fund. ARTICLE II RECITALS Section 2.01. The CFD. The Board of Directors of the Authority is conducting procedures to established the CFD under the Act for the financing of, among other things, the acquisition, construction and installation of public facilities identified in the proceedings to form the CFD, which include the Facilities listed in Exhibit A hereto. Notwithstanding the foregoing, the Authority is not obligated by this Acquisition Agreement or otherwise to form the CFD, as the formation is subject to public hearings, further proceedings of the Board of Directors of the Authority, and a vote of the qualified electors of the CFD. -3- Section 2.02. The Development. The Developer, together with other entities, is developing land located within the CFD. Section 2.03. The Facilities. The Facilities are within or in the vicinity of the CFD, and the Authority and the Developer will benefit from a coordinated plan of design, engineering and construction of the Facilities and the development of the land that is located within the CFD. The Developer acknowledges that the inclusion of Facilities in Exhibit A hereto in no way, in itself, obligates the Authority to use any funds in the Improvement Fund to finance the Facilities or implies that the Authority has in any way engaged the Developer to construct the Facilities, except as specifically provided in this Acquisition Agreement. The Facilities which are the subject of acquisition from the Developer under this Acquisition Agreement are only the Facilities listed in Exhibit B hereto, as such Exhibit may be amended and / or supplemented by any Supplement; however, this Acquisition Agreement shall in no way, by itself, obligate the Developer to construct any of the Facilities. Section 2.04. The Financing. The Developer and the Authority wish to finance the acquisition, construction and installation of some of the Facilities and the payment therefor by entering into this Acquisition Agreement for the acquisition of the Facilities and therefor as shown in Exhibit B hereto (as it may be amended and supplemented) with funds deposited to the Improvement Fund. Section 2.05. The Bonds. The Authority is proceeding with the authorization and issuance of the first series of the Bonds for the CFD under the Act and the Fiscal Agent Agreement, the proceeds of which Bonds shall be used, in part, to finance the acquisition of all or a portion of the Facilities. The execution by the Authority of this Acquisition Agreement in no way obligates the Authority to issue any Bonds, or the City to acquire any Facilities financed with proceeds of any Bonds issued, except the Facilities listed in Exhibit B hereto which are to be acquired subject to the terms and conditions set forth in this Agreement. Section 2.06. No Advantage to Authority Construction. The Authority, by its approval of this Acquisition Agreement, has determined that it will obtain no advantage from undertaking the construction by the Authority directly of the Facilities, and that the provisions of this Acquisition Agreement require that any Facilities to be constructed by the Developer be so constructed by the Developer as if they had been constructed under the direction and supervision of the Authority. The Developer hereby represents that it has experience in the supervision of the construction of public facilities of the character of the Facilities. Section 2.07. Agreements. In consideration of the mutual promises and covenants set forth herein, and for other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Authority and the Developer agree that the foregoing recitals, as applicable to each, are true and correct and further make the agreements set forth herein. ARTICLE III FUNDING Section 3.01. Authority Proceedings. The Authority shall conduct all necessary proceedings under the Act for the issuance, sale and delivery of one or more of the Bonds for the CFD; provided, however, that nothing herein shall be construed as requiring the Authority to issue any of the Bonds for the CFD; or, as provided in Section 2.01, to form the CFD. Upon the written request of the Developer, the Developer and the Authority staff shall meet regarding the amount, timing and other material aspects of the Bonds for the CFD, but the legal -4- proceedings and the principal amount, interest rates, terms and conditions and timing of the sale of the Bonds for the CFD shall be in all respects subject to the approval of the Board of Directors of the Authority. Section 3.02. Bonds. The Authority shall not be obligated to pay the Purchase Price of the Facilities except from amounts on deposit in the Improvement Fund. The Authority makes no warranty, express or implied, that the proceeds of the Bonds deposited and held in the Improvement Fund, and any investment earnings thereon deposited to the Improvement Fund, will be sufficient for payment of the Purchase Price of all of the Facilities. The Developer agrees to assist the Authority in the preparation of any disclosure document or continuing disclosure agreement deemed necessary by the Authority to issue the Bonds, including but not limited to the submission of information reasonably requested by the Authority's disclosure counsel, any appraiser or any market absorption consultant in connection with the preparation of disclosure materials for the sale of the Bonds, and the provision of such continuing disclosure obligations, certifications and legal opinions as may be reasonably required by the underwriter of the Bonds. Section 3.03. Bond Proceeds. The proceeds of each series of the Bonds shall be deposited, held, invested, reinvested and disbursed as provided in the Fiscal Agent Agreement. A portion of the proceeds of the Bonds will be set aside under the Fiscal Agent Agreement in the Improvement Fund. Moneys in the Improvement Fund shall be withdrawn therefrom in accordance with the provisions of the Fiscal Agent Agreement and the provisions hereof for payment of all or a portion of the costs of construction and / or acquisition of the Facilities, all as herein provided. The Developer agrees that the Authority alone shall direct the investment of the funds on deposit in the funds and accounts established by or pursuant to the Fiscal Agent Agreement, including the Improvement Fund, and that the Developer has no right whatsoever to direct investments under the Fiscal Agent Agreement. The Authority shall have no responsibility whatsoever to the Developer with respect to any investment of funds made by the Fiscal Agent under the Fiscal Agent Agreement, including any loss of all or a portion of the principal invested or any penalty for liquidation of an investment. Any such loss may diminish the amounts available in the Improvement Fund to pay the Purchase Price of Facilities hereunder. The Developer further acknowledges that the obligation of any owner of real property in the CFD, including the Developer to the extent it owns any real property in the CFD, to pay special taxes levied in the CFD is not in any way dependent on: (i) the availability of amounts in the Improvement Fund to pay for all or any portion of the Facilities hereunder, or (ii) the alleged or actual misconduct of the Authority in the performance of its obligations under this Acquisition Agreement, the Fiscal Agent Agreement, any developer agreement or amendment thereto or any other agreement to which the Developer and the City or the Authority are signatories. The Developer acknowledges that any lack of availability of amounts in the Improvement Fund to pay the Purchase Price of Facilities shall in no way diminish any obligation of the Developer with respect to the construction of or contributions for public facilities required by this Acquisition Agreement, the Conditions of Approval or any development or other agreement to which the Developer is a party, or any governmental approval to which the Developer or any land within the CFD is subject. Section 3.04. Special Taxes. The Authority agrees, when and if the CFD is formed, to levy the Special Taxes on property in the CFD in accordance with the Rate and Method of Apportionment; provided that Special Taxes shall be levied solely on Developed Property (as defined in the Rate and Method of Apportionment) pursuant to Step One in Section F of the -5- Rate and Method of Apportionment. The Authority agrees to deposit any Special Taxes received by it prior to the issuance of any Bonds, after deducting any Administrative Expenses (as defined in the Rate and Method of Apportionment) theretofore incurred and expected to be incurred in the then Fiscal Year, in the Improvement Fund. On the date of issuance of the first series of the Bonds, the Authority shall transfer all amounts then held by it in the Improvement Fund maintained by it as described in clause (a) of the definition of "Improvement Fund" in Section 1.01 hereof to the Fiscal Agent for deposit by the Fiscal Agent to the Improvement Fund established under the Fiscal Agent Agreement for such Bonds. Proceeds of Bonds in any Improvement Fund shall be used for payments to the Developer hereunder prior to the use of Special Taxes deposited thereto, except as may otherwise be provided in any Fiscal Agent Agreement pursuant to which the Bonds were issued. Section 3.05. Refunding Bonds. The Authority may, in its sole and absolute discretion, determine at any time to issue bonds the net proceeds of which are used to refund any outstanding Bonds (the term "refund" as used in this sentence, and the term "refunding" as used in the next sentence, includes any purchase in lieu of redemption of any Bonds). The Developer shall have no right whatsoever in connection with any such refunding bond issue, including but not limited to any right to any reduction in special taxes levied or to be levied by the CFD, or to any additional funds whether pursuant to this Acquisition Agreement or otherwise as a consequence of any such refunding. Section 3.06. Fee Credits and Rebates. The Authority and the City are parties to a Joint Community Facilities Agreement - City, dated as of January 23, 2024 (the "City JCFA"), with respect to certain matters pertaining to the CID. The Authority hereby acknowledges the provisions of the third and fourth paragraphs of Section 1 of the City JCFA, agrees with the provisions thereof, and acknowledges that the Developer is an intended third party beneficiary of such provisions entitled to enforce such provisions against the Authority and the City. ARTICLE IV CONSTRUCTION OF FACILITIES Section 4.01. Plans. The Developer shall obtain the written approval of the Plans to be prepared for the Facilities listed in Exhibit B in accordance with applicable ordinances and regulations of the City and / or the public entity that will own and operate the Facilities. Copies of all Plans shall be provided by the Developer to the Director of Public Works upon request therefor, and, in any event, as built drawings and a written assignment of the Plans for any Facility listed in Exhibit B shall be provided to the City prior to its acceptance of the Facility. Section 4.02. Construction of Facilities. All Facilities to be acquired hereunder specified in Exhibit B hereto, as amended from time to time, shall be constructed by or at the direction of the Developer in accordance with the approved Plans and the Conditions of Approval. The Developer shall perform all of its obligations hereunder and shall conduct all operations with respect to the construction of Facilities in a good, workmanlike and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing their best efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. The Developer shall require that each general contractor performing work in connection with the Facilities employ at all times adequate staff or consultants with the requisite experience necessary to administer and coordinate all work related to the design, engineering, acquisition, construction and installation of the Facilities to be acquired from the Developer hereunder. The M Developer shall at all times have adequate staff or consultants with the requisite experience and licenses to discharge its obligations under this Acquisition Agreement. As a condition to the acquisition of any of the Facilities listed on Exhibit B, the Developer shall: (i) construct and cause conveyance to the City (or other applicable governmental agency) of the Facility in accordance with the provisions of this Acquisition Agreement and the Conditions of Approval, and (ii) use its own funds to pay all costs thereof in excess of the Purchase Price thereof to be paid therefor hereunder, except as may otherwise expressly provided in the Conditions of Approval. The Developer hereby acknowledges that (i) because of the limitations imposed by Section 5.06 hereof, the Purchase Price for any Facility may be less than the Actual Cost, or cost to the Developer, of such Facility, and (ii) there may be insufficient funds in the Improvement Fund to pay the Purchase Prices of all of the Facilities listed in Exhibit B, and, in any event, this Acquisition Agreement shall not affect any obligation of any owner of land in the CFD under the Conditions of Approval with respect to the public improvements required in connection with the development of the land within the CFD. Section 4.03. Relationship to Public Works, Bidding Requirements. The following shall apply to all contracts applicable to the Facilities acquired with funds withdrawn from the Improvement Fund: A. General. This Acquisition Agreement is for the acquisition of the Facilities listed in Exhibit B hereto from moneys in the Improvement Fund and is not intended to be a public works contract. The Authority and the Developer agree that the Facilities are of local, and not state-wide concern, and that the provisions of the California Public Contract Code shall not apply to the construction of the Facilities. The Authority and the Developer agree that the Developer shall award all contracts for the construction of the Facilities listed in Exhibit B hereto and that this Acquisition Agreement is necessary to assure the timely and satisfactory completion of such Facilities and that compliance with the Public Contract Code with respect to such Facilities would work an incongruity and would not produce an advantage to the Authority or the CFD. The Developer acknowledges that State prevailing wage laws apply to any contracts and any subcontracts for the construction of the Facilities, and that it shall at all times assure compliance with Section 8.01 G. hereof. B. Bidding Procedures. Notwithstanding the foregoing, the Developer shall award all contracts for construction of the Facilities listed in Exhibit B, and materials related thereto, by means of a bid process consistent with this Section 4.03 B. or otherwise acceptable to the Director of Public Works, in each case consistent with applicable City regulations. The Developer shall establish a list of written criteria acceptable to the Director of Public Works (including experience, ability to perform on schedule and financial ability) to determine qualified contractors for any contract. Such general contractors shall comply with any applicable City regulations. Formal bids shall be requested from those entities on the list of qualified contractors. The Developer shall prepare bid packages, including engineering reports and estimates, for each of the Facilities, and shall submit such packages to the Director of Public Works, reasonably in advance of the anticipated bid, for review. Upon agreement by the Director of Public Works and the Developer on the content of such bid packages and a schedule of bid prices, plus an acceptable margin of variance, the Developer may proceed to take bids on the applicable Facilities. At the reasonable request of the -7- Developer, the Director of Public Works shall also meet with the qualified general contractors to discuss the requirements of the particular contract to be bid. Bids for each Facility shall be submitted to the Director of Public Works prior to the time and date prescribed for bid opening. If a bid is within the constraints of the approved bid package, the Developer shall award the applicable contract to the lowest responsible bidder; provided, however, that the Developer shall have the right to reject all bids and to rebid the work for any Facility. If all bids are in excess of the bid parameters, the Developer shall obtain the consent of the Director of Public Works prior to awarding the contract. Upon written request of the Director of Public Works, the Developer shall provide an analysis of bids for construction and materials for the Facilities, indicating how the winning bid was determined and how it was consistent with the applicable bid package. The Developer shall promptly publish notice of the award of any contract in such paper as the Director of Public Works shall specify. C. Scheduling. The Developer shall develop or cause to be developed and shall maintain or cause to be maintained a schedule, using the critical path method, for the construction of the Facilities to be acquired hereunder. The Developer shall provide the Director of Public Works with a complete copy of the schedule and with each update to the schedule for the review by the Director of Public Works. D. Periodic Meetin&s. From time to time (expected to be at least every two weeks) at the request of the Director of Public Works, representatives of the Developer shall meet and confer with City staff, consultants and contractors regarding matters arising hereunder with respect to the Facilities, and the progress in constructing and acquiring the same, and as to any other matter related to the Facilities or this Acquisition Agreement. The Developer shall advise the Director of Public Works in advance of any coordination and scheduling meetings to be held with contractors relating to the Facilities, in the ordinary course of performance of an individual contract. The Director of Public Works or the Director of Public Work's designated representative shall have the right to be present at such meetings, and to meet and confer with individual contractors if deemed advisable by the Director of Public Works to resolve disputes and / or ensure the proper completion of the Facilities. Section 4.04. Independent Contractor; No Joint Venture. In performing this Acquisition Agreement, the Developer is an independent contractor and not the agent or employee of the Authority, the City or the CFD. None of the Authority, the City or the CFD shall be responsible for making any payments directly or otherwise to any contractor, subcontractor, agent, consultant, employee or supplier of the Developer. The Developer hereby acknowledges and agrees that the City, the Authority and the CFD, on the one hand, and the Developer, on the other, are not joint venturers or partners in the construction, acquisition, and / or installation of the Facilities, and nothing in this Acquisition Agreement shall be construed as implying any sort of joint venture or partnership relationship between the City, Authority and / or the CFD, and the Developer or any other entity involved in the construction, acquisition and / or installation of any of the Facilities. Section 4.05. Performance and Payment Bonds. The Developer agrees to comply with all applicable performance and payment bonding requirements of the Authority (and other applicable public entities and / or public utilities) with respect to the construction of the Facilities listed in Exhibit B hereto. Performance and payment bonds shall not be required of the Developer to the extent moneys are available in the Improvement Fund to pay the Purchase Price of a Facility (and consistent with the Budgeted Costs therefore shown in Exhibit B and the in limitations expressed in Section 5.06 hereof); provided that all contractors and / or subcontractors employed by the Developer in connection with the construction of Facilities shall provide a labor and materials and performance bonds which name the Authority and the City as additional insureds. Section 4.06. Contracts and Change Orders. The Developer shall be responsible for entering into all contracts and any supplemental agreements (commonly referred to as "change orders") required for the construction of the Facilities listed in Exhibit B hereto, as amended from time to time, and all such contracts and supplemental agreements shall be submitted to the Director of Public Works. Prior approval of supplemental agreements by the Director of Public Works shall only be required for such change orders which in any way materially alter the quality or character of the subject Facilities, or which involve an amount greater than $25,000.00. The Authority expects that such contracts and supplemental agreements needing prior approval by the Director of Public Works will be approved or denied (any such denial to be in writing, stating the reasons for denial and the actions, if any, that can be taken to obtain later approval) within ten (10) business days of receipt by the Director of Public Works thereof. Any approval by the Director of Public Works of a supplemental agreement shall in no way affect the Budgeted Costs listed in Exhibit B for any related Facility, but to the extent that it increases the Actual Cost of a Facility, such increased cost may be payable as part of the Purchase Price of the related Facility as provided in Section 5.06A. hereof. Section 4.07. Time for Completion. The Developer agrees that this Acquisition Agreement is for the benefit of the Authority and the Developer and, therefore, the Developer represents that it expects to complete the Facilities and to have requested payment for the Facilities under this Acquisition Agreement within thirty-six (36) months of the date of issuance of any of the Bonds. Any failure to complete the Facilities within such time period shall not, however, in itself, constitute a breach by the Developer of the terms of this Acquisition Agreement. ARTICLE V ACQUISITION AND PAYMENT Section 5.01. Inspection. No payment hereunder shall be made by the Authority to the Developer for a Facility until the Facility has been inspected and found to be completed in accordance with the approved Plans by the City or other applicable public entity or utility. The Authority shall cause the City to make periodic site inspections of the Facilities to be acquired hereunder; provided that in no event shall the Authority incur any liability for any delay in the inspection of any Facilities. For Facilities to be acquired by other public entities or utilities, the Developer shall be responsible for obtaining such inspections and providing written evidence thereof to the Director of Public Works. The Developer agrees to pay all inspection, permit and other similar fees of the City applicable to construction of the Facilities, subject to reimbursement therefor as an Actual Cost of the related Facility. Section 5.02. Agreement to Sell and Purchase Facilities. The Developer hereby agrees to sell the Facilities listed in Exhibit B hereto to the City (or other applicable public agency that will own a Facility), and the Authority hereby agrees to use amounts in the Improvement Fund to pay the Purchase Prices thereof to the Developer, subject to the terms and conditions hereof. The Authority shall not be obligated to finance the purchase of any Facility until the Facility is completed and the Acceptance Date for such Facility has occurred. In any event, the Authority shall not be obligated to pay the Purchase Price for any Facility except from the moneys in the Improvement Fund. ME Section 5.03. Payment Requests. In order to receive the Purchase Price for a completed Facility, inspection thereof under Section 5.01 shall have been made and the Developer shall deliver to the Director of Public Works: (i) a Payment Request in the form of Exhibit C hereto for such Facility, together with all attachments and exhibits required by Exhibit C and this Section 5.03 to be included therewith (including, but not limited to Attachments 1 and 2 to Exhibit C), and (ii) if payment is requested for a completed Facility, (a) if the property on which the Facility is located is not owned by the City (or other applicable public agency that will own the Facility) at the time of the request, a copy of the recorded documents conveying to the City (or other applicable public agency that will own the Facility) Acceptable Title to the real property on, in or over which such Facility is located, as described in Section 6.01 hereof, (b) a copy of the recorded notice of completion of such Facility (if applicable), (c) to the extent paid for with the proceeds of the Bonds, an assignment to the CID of any reimbursements that may be payable with respect to the Facility, such as public or private utility reimbursements, and (d) an assignment of the warranties and guaranties for such Facility, as described in Section 6.05 hereof, in a form acceptable to the Authority. Section 5.04. Processing Payment Requests. Upon receipt of a Payment Request (and all accompanying documentation), the Director of Public Works shall conduct a review in order to confirm that such request is complete, that such Facility identified therein was constructed in accordance with the Plans therefor, and to verify and approve the Actual Cost of such Facility specified in such Payment Request. The Director of Public Works shall also conduct such review as is required in his discretion to confirm the matters certified in the Payment Request. The Developer agrees to cooperate with the Director of Public Works in conducting each such review and to provide the Director of Public Works with such additional information and documentation as is reasonably necessary for the Director of Public Works to conclude each such review. For any Facilities to be acquired by another public entity or utility, the Developer shall provide evidence acceptable to the Director of Public Works that such Facilities are acceptable to such entity or utility. Within ten (10) business days of receipt of any Payment Request, the Director of Public Works expects to review the request for completeness and notify the Developer whether such Payment Request is complete, and, if not, what additional documentation must be provided. If such Payment Request is complete, the Director of Public Works expects to provide a written approval or denial (specifying the reason for any denial) of the request within 30 days of its submittal. If a Payment Request seeking reimbursement for more than one Facility is denied, the Director of Public Works shall state whether the Payment Request is nevertheless approved and complete for any one or more Facilities and any such Facilities shall be processed for payment under Section 5.05 notwithstanding such partial denial. If multiple payment requests are submitted simultaneously, the Developer shall designate the order in which they are to be reviewed. Section 5.05. Payment. Upon approval of the Payment Request by the Director of Public Works, the Director of Public Works shall sign the Payment Request and forward the same to the City's Finance Director. Upon receipt of the reviewed and fully signed Payment Request, the City's Finance Director shall, within the then current City financial accounting payment cycle but in any event within thirty (30) days of receipt of the approved Payment Request, cause the same to be paid by the Fiscal Agent to the extent of funds then on deposit in the Improvement Fund. Any approved Payment Request not paid due to an insufficiency of funds in the Improvement Fund, shall be paid promptly following the deposit into the Improvement Fund of proceeds of any investment earnings or other amounts transferred to an Improvement Fund under the terms of the Fiscal Agent Agreement. The parties hereto acknowledge that (i) the Developer may be constructing Facilities prior to the issuance of Bonds for the CID, (ii) the Developer may be submitting Payment -10- Requests to the City in advance of such an issuance of Bonds for the CFD, with knowledge that, other than as described in Section 3.04, there will not be funds available in the Improvement Fund for reimbursement until the Bonds for the CFD are issued, (iii) the Facilities that are the subject of the Payment Requests submitted when there are no funds or insufficient funds in the Improvement Fund will be inspected and reviewed by the Director of Public Works as set forth in this Article V and that such Payment Requests will be reviewed by the Director of Public Works and, if appropriate, submitted in the manner set forth in Sections 5.03, 5.04 and 5.05, and (iv) the payment for any Payment Requests approved in the preceding manner will be deferred until the date, if any, on which there are sufficient amounts in the Improvement Fund to make such payment, at which time the Director of Public Works will forward the approved Payment Requests to the City's Finance Director, who will then arrange for payment from the Improvement Fund in the manner set forth above. The Purchase Price paid hereunder for any Facility shall constitute payment in full for such Facility, including, without limitation, payment for all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of such Facility, as specified in the Plans. Section 5.06. Restrictions on Payments. Notwithstanding any other provisions of this Acquisition Agreement, the following restrictions shall apply to any payments made to the Developer under Sections 5.02 and 5.05 hereof: A. Amounts of Payments. Subject to the following paragraphs of this Section 5.06, payments for each Facility will be made only in the amount of the Purchase Price for the respective Facility; however, if the Actual Cost exceeds the Budgeted Cost for a Facility, the excess shall be borne by the Developer until such time as a Budgeted Cost for another Facility is greater than the Actual Cost therefore, in which event the savings shall be applied to reduce any excess of Actual Cost over Budgeted Cost previously paid for any Facility by the Developer. Any savings attributable to the Actual Cost being less than Budgeted Cost which are not disbursed under the previous sentence to cover unreimbursed Actual Costs or as otherwise consented to by the Developer shall be carried forward to be credited against future cost overruns, or costs related to supplemental agreements (change orders), or if not needed for either of the foregoing purposes, to be disposed of as provided in the Fiscal Agent Agreement for excess monies in the Improvement Fund. Nothing herein shall require the Authority in any event (i) to pay more than the Actual Cost of a Facility, (ii) to make any payment beyond the available funds in the Improvement Fund, or (iii) to pay for any roadway improvements that are not generally accessible to the public (i.e. behind gates that impede the free flow of traffic). The parties hereto acknowledge and agree that all payments to the Developer for the Purchase Prices of Facilities are intended to be reimbursements to the Developer for monies already expended or for immediate payment by the Developer (or directly by the Authority) to third parties in respect of such Facilities. No payment shall be made for the Purchase Price of any Facility if (i) the Developer fails to fully provide any information requested pursuant to the second sentence of Section 8.01G. related thereto, or (ii) if the Authority or the City determines that the provisions of Section 8.01G. hereof were violated in connection with the work related to such Facility and such violation has not been remedied to the satisfaction of the City Attorney. -11- B. Toint or Third Party Payments. The Authority may make any payment jointly to the Developer and any mortgagee or trust deed beneficiary, contractor or supplier of materials, as their interests may appear, or solely to any such third party, if the Developer so requests the same in writing (including, but not limited to, any financial institution providing financing to the Developer or any Affiliate thereof) or as the Authority otherwise determines such joint or third party payment is necessary to obtain lien releases. Notwithstanding the foregoing, in the event that the City, the CID and / or the Authority has been in any way threatened with legal action or named in any legal action by any contractor, subcontractor, supplier or other entity that has, or allegedly has, provided any labor or materials for any Facility for which the Developer has submitted a payment request, unless and until the Developer provides an unqualified lien release from each such entity in a form acceptable to the City Attorney, the Authority, at its sole and exclusive option, may either: (i) require the filing of an interpleader or similar action in Superior Court with respect to payments for such Facility and make payment to an escrow subject to approval of disbursement by the Court; or (ii) make payments directly to the entity or entities that have filed liens or as otherwise demonstrated to the reasonable satisfaction of the City Attorney that they are owed amounts in respect of the respective Facility or District Components, up to the amount of such lien or amount owed. The provisions of this Section 5.06C. shall prevail over any assignment, or purported assignment, by the Developer of its rights to payment under this Acquisition Agreement. C. Withholding Payments. The Authority shall be entitled, but shall not be required, to withhold any payment hereunder for a Facility if the Developer or any Affiliate is delinquent in the payment of ad valorem real property taxes, special assessments or taxes, or special taxes in each case as levied on property located in the CID. In the event of any such delinquency, the Authority shall only make payments hereunder, should any be made at the Authority's sole discretion, directly to contractors or other third parties employed in connection with the construction of the Facilities or to any assignee of the Developer's interests in this Acquisition Agreement (and not to the Developer or any Affiliate), until such time as the Developer provides the Director of Public Works with evidence that all such delinquent taxes and assessments have been paid. The Authority shall be entitled to withhold any payment hereunder for a Facility that is the subject of a Payment Request until it is satisfied that any and all claims for labor and materials have been paid by the Developer for the Facility that is the subject of a Payment Request, or conditional lien releases have been provided by the Developer for such Facility. The Authority, in its discretion, may waive this limitation upon the provision by the Developer of sureties, undertakings, securities and / or bonds of the Developer or appropriate contractors or subcontractors and deemed satisfactory by the Director of Public Works to assure payment of such claims. The Authority shall be entitled to withhold payment for any Facility hereunder to be owned by the City until: (i) the Director of Public Works determines that the Facility is ready for its intended use, (ii) the Acceptance Date for the Facility has occurred and the requirements of Section 6.01, if applicable to such Facility, have been satisfied, and (iii) a Notice of Completion executed by the Developer, in a form acceptable to the Director of Public Works, has been recorded for the Facility and -12- general lien releases conditioned solely upon payment from the proceeds of the Bonds to be used to acquire such Facility have been submitted to the Director of Public Works for the Facility. The Authority hereby agrees that the Developer shall have the right to post or cause the appropriate contractor or subcontractor to post a bond with the City to indemnify it for any losses sustained by the City or the Authority because of any liens that may exist at the time of acceptance of such a Facility, so long as such bond is drawn on an obligor and is otherwise in a form acceptable to the Director of Public Works. The Authority shall be entitled to withhold payment for any Facility to be owned by other governmental entities, until the Developer provides the Director of Public Works with evidence that the governmental entity has accepted dedication of and / or title to the Facility. If the Director of Public Works determines that a Facility is not ready for intended use under (i) above, the Director of Public Works shall so notify the Developer as soon as reasonably practicable in writing specifying the reason(s) therefor. Nothing in this Acquisition Agreement shall be deemed to prohibit the Developer from contesting in good faith the validity or amount of any mechanics or materialmans lien nor limit the remedies available to the Developer with respect thereto so long as such delay in performance shall not subject the Facilities to foreclosure, forfeiture or sale. In the event that any such lien is contested, the Developer shall only be required to post or cause the delivery of a bond in an amount equal to twice the amount in dispute with respect to any such contested lien, so long as such bond is drawn on an obligor and is otherwise in a form acceptable to the Director of Public Works. D. Retention. The Authority shall withhold in the Improvement Fund an amount equal to ten percent (10%) of the Purchase Price of each Facility to be paid hereunder. Any such retention will be released to the Developer upon final completion and acceptance of the related Facility and the expiration of a maintenance period consistent with applicable City policy thereafter (currently a one year warranty period for any landscaping, and upon receipt of a maintenance bond acceptable to the Director of Public Works to remain in effect for one year as to other Facilities). Notwithstanding the foregoing, the Developer shall be entitled to payment of any such retention upon the completion and acceptance of a Facility, if a maintenance or warranty bond is posted in lieu thereof in accordance with Section 6.06 hereof. Payment of any retention shall also be contingent upon the availability of monies in the Improvement Fund therefor. No retention shall apply if the Developer proves to the Director of Public Work's satisfaction that the Developer's contracts for the Facilities provide for the same retention as herein provided, so that the Purchase Price paid for the Facility is at all times net of the required retention. E. Frequency. Unless otherwise agreed to by the Director of Public Works, no more than one Payment Request shall be submitted by the Developer in any calendar month. F. Right -of -Way. Payments for any right-of-way described in Exhibit B hereto shall be based upon appraisals of the respective land to be acquired in a form acceptable to the Director of Public Works, or upon such other basis as the Director of Public Works shall, in his sole and absolute discretion, determine is appropriate in the circumstances. Section 5.07. Acquisition of Additional Facilities. If the construction and acquisition of all the Facilities theretofore listed in Exhibit B have been completed and the Purchase Prices (including any retentions described in 5.06D. above) with respect thereto have been paid, and -13- funds remain on deposit in any of the Improvement Fund, the Authority shall notify the Developer in writing of the amount of funds remaining in the Improvement Fund and shall allow the Developer thirty (30) calendar days to submit a proposed amendment to Exhibit B to this Acquisition Agreement to include Facilities not theretofore funded by the CFD. If such amendment is approved by the Board of Directors of the Authority, the Authority shall retain the excess funds in the Improvement Fund as necessary to pay the Purchase Prices of the Facilities so added to Exhibit B, subject to the provisions of this Acquisition Agreement. If such proposed amendment is not so approved, or if the remaining funds are in excess of what is needed to pay the Actual Costs of such Facilities added to Exhibit B, such excess funds will be disposed of as provided in the Fiscal Agent Agreement. Section 5.08. Defective or Nonconforming Work. If any of the work done or materials furnished for a Facility listed in Exhibit B are found by the Director of Public Works to be defective or not in accordance with the applicable Plans: (i) and such finding is made prior to payment for the Purchase Price of such Facility hereunder, the Authority may withhold payment therefor until such defect or nonconformance is corrected to the satisfaction of the Director of Public Works, or (ii) and such finding is made after payment of the Purchase Price of such Facility, the Authority and the Developer shall act in accordance with the City's standard specification for public works construction (which are set forth in the Green Book, Standard Specifications for Public Works Construction (SSPWC), by Public Works Standards, Inc., as modified by applicable City Special Provisions. Section 5.09. Right of City to Make Withdrawals From Improvement Fund. The Developer acknowledges that the City may withdraw or cause to be withdrawn amounts from the Improvement Fund for payment to the City as necessary to pay costs of the City, the Authority or the CFD (i) in the event that the construction of the Facilities is substantially delayed, (ii) in the event that the plans for or any other aspect of such construction are substantially altered without the consent of the City, (iii) as provided in the last paragraph of Section 8.02, or (iv) otherwise in the amount of any costs that the Director of Public Works determines that the City has incurred or reasonably expects to incur in connection with the performance of the obligations of the City (including the Director of Public Works) under this Acquisition Agreement. The City shall give written notice of the amount of any such expected withdrawal from the Improvement Fund for a purpose described in any of clauses (i), (ii), (iii) or (iv) of the preceding sentence and the purpose(s) thereof to the Developer, prior to implementing a withdrawal from the Improvement Fund for such a purpose. The Developer acknowledges that any transfer described in the first sentence of this Section 5.09 will reduce the amount available to pay the Purchase Prices of the Facilities hereunder. ARTICLE VI OWNERSHIP AND TRANSFER OF FACILITIES Section 6.01. Facilities to be Owned by the City — Conveyance of Land and Easements to City. Acceptable Title to all property on, in or over which each Facility to be acquired by the City will be located, shall be deeded over to the City by way of grant deed, quitclaim, or dedication of such property, or easement thereon, if such conveyance of interest is approved by the City as being a sufficient interest therein to permit the City to properly own, operate and maintain such Facility located therein, thereon or thereover, and to permit the Developer to perform its obligations as set forth in this Acquisition Agreement. The Developer agrees to assist the City in obtaining such documents as are required to obtain Acceptable Title. Completion of the transfer of title to land shall be accomplished prior to the payment of the Purchase Price for a Facility and shall be evidenced by recordation of the acceptance thereof by the City Council or the designee thereof. -14- Section 6.02. Facilities to be Owned by the City — Title Evidence. Upon the request of the City, the Developer shall furnish to the City, with respect to Facilities to be acquired by the City and not previously dedicated or otherwise conveyed to the City: (i) a preliminary title report for land for review and approval at least fifteen (15) calendar days prior to the transfer of Acceptable Title to a Facility to the City, and (ii) a written certification to the effect that the Developer is not aware of any promises or other arrangements with or for the benefit of the owner or any previous owner of the respective land to be conveyed, and there are no known impediments to the conveyance of such land to the City. The Director of Public Works shall approve the preliminary title report unless it reveals a matter which, in the judgment of the City, could materially affect the City's use and enjoyment of any part of the property or easement covered by the preliminary title report. In the event the City does not approve the preliminary title report, the City shall not be obligated to accept title to such Facility and the Authority shall not be obligated to pay the Purchase Price for such Facility until the Developer has cured such objections to title to the satisfaction of the City. Section 6.03. Facilities Constructed on Private Lands. If any Facilities to be acquired are located on privately -owned land, the owner thereof shall retain title to the land and the completed Facilities until acquisition of the Facilities under Article V hereof. Pending the completion of such transfer, the Developer shall not be entitled to receive any payment for any such Facility. Section 6.04. Facilities Constructed on City Land. If the Facilities to be acquired are on land owned by the Authority, the Authority shall cause the City to grant to the Developer a license to enter upon such land for purposes related to the construction (and maintenance pending acquisition) of the Facilities. The provisions for inspection and acceptance of such Facilities otherwise provided herein shall apply. Section 6.05. Facilities to be Acquired by Other Public Agencies. With respect to any Facility to be acquired by a public entity other than the City, the Developer shall comply with such entities rules and regulations regarding title and conveyance of property, and provide the Director of Public Works with evidence of such compliance, prior to the payment of the Purchase Price for any such Facility. Section 6.06. Maintenance and Warranties. The Developer shall maintain each Facility in good and safe condition until the Acceptance Date of the Facility. Prior to the Acceptance Date, the Developer shall be responsible for performing any required maintenance on any completed Facility. On or before the Acceptance Date of the Facility, the Developer shall assign to the Authority all of the Developer's rights in any warranties, guarantees, maintenance obligations or other evidence of contingent obligations of third persons with respect to such Facility. The Developer shall maintain or cause to be maintained each Facility to be owned by the City (including the repair or replacement thereof) for a period of one year from the Acceptance Date thereof, or, alternatively, shall provide a bond reasonably acceptable in form and substance to the Director of Public Works for such period and for such purpose (specifically, a one-year maintenance period for landscaping improvements, and for the posting of a warranty bond to remain in effect for one year as to other Facilities), to insure that defects, which appear within said period will be repaired, replaced, or corrected by the Developer, at its own cost and expense, to the satisfaction of the Director of Public Works. During any such one- year period, the Developer shall commence to repair, replace or correct any such defects within thirty (30) days after written notice thereof by the Authority, the City or other public entity that took ownership of the respective Facility to the Developer, and shall complete such repairs, replacement or correction as soon as practicable. After such one-year period, the City (or other public entity that has accepted title to the Facility) shall be responsible for maintaining such -15- Facility. Any warranties, guarantees or other evidences of contingent obligations of third persons with respect to the Facilities to be acquired by the City shall be delivered to the Director of Public Works as part of the transfer of title. ARTICLE VII INSURANCE; RESPONSIBILITY FOR DAMAGE Section 7.01. Liability Insurance Requirements. The Developer shall provide to the Director of Public Works evidence of insurance and endorsements thereto on forms acceptable to the Risk Manager within 10 working days of execution by it of this Acquisition Agreement and prior to any physical work on the Facilities being performed. The Developer shall procure and maintain for the duration of this Acquisition Agreement the following minimum insurance coverage and limits against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work covered by this Acquisition Agreement by the Developer, its agents, representatives, employees or subcontractors: (a) Premises, operation and mobile equipment. (b) Products and completed operations. (c) Explosion, collapse and underground hazards. (d) Personal injury. (e) Contractual liability. (f) Errors and omissions for work performed by design professionals. COVERAGE PER OCCURRENCE Commercial General Liability (Primary) Umbrella Liability (Over Primary, if required) Business Auto Workers' Compensation Employers' Liability Errors and Omissions ISO FORM CG 00 011185 or 88 Rev. $2,000,000 GL 00 011185 or 88 Rev. $1,000,000 CA 00 0106 92 $1,000,000 Statutory $1,000,000 $1,000,000 Combined single limit per occurrence shall include coverage for bodily injury, personal injury, and property damage for each accident and a five million dollar ($5,000,000) general aggregate. Insurance shall be placed with insurers that are admitted to the State of California and with an AM Best's Rating of no less than A:VII. The Developer shall furnish to the Risk Manager certificates of insurance and endorsements on forms specified by the Risk Manager, duly authenticated, giving evidence of the insurance coverage required in this contract and other evidence of coverage or copies of policies as may be reasonably required by the Risk Manager from time to time. Each required insurance policy coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after fifteen (15) days written notice by certified mail, return receipt requested, has been given to the Risk Manager. Liability coverage shall not be limited to the vicarious liability or supervising role of any additional insured nor shall there be any limitation with the severability clause. Coverage shall contain no limitation endorsements and there shall be no endorsement or modification limiting -16- the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment related practices. Any umbrella liability coverage shall apply to bodily injury/property damage, personal injury / advertising injury, at a minimum, and shall include a "drop down" provision providing primary coverage above a maximum $25,000.00 self -insured retention for liability not covered by primary polices not covered by the umbrella policy. Coverage shall be following form to any other underlying coverage. Coverage shall be on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross policy exclusion and no limitation endorsement. The policy shall have starting and ending dates concurrent with the underlying coverage. All liability insurance shall be on an occurrence basis. Insurance on a claims made basis will be rejected. Any deductibles or self -insured retentions shall be declared to and approved by the Risk Manager. The insurer shall provide an endorsement to the City eliminating such deductibles or self -insured retentions as respects the Authority, and its consultants, and each of its Boardmembers, officials, employees and volunteers. All subcontractors employed on the work referred to in this Acquisition Agreement shall meet the insurance requirements set forth in this Section 7.01 for the Developer. The Developer shall furnish certificates of insurance and endorsements for each subcontractor at least five days prior to the subcontractor entering the job site, or the Developer shall furnish the Risk Manager an endorsement including all subcontractors as insureds under its policies. Neither the City nor the Authority shall be liable for any accident, loss, or damage to the work prior to its completion and acceptance, and the Developer shall save, keep and hold harmless the Authority, the City and their consultants, and each of their Boardmembers, Councilmembers, officers, officials, employees, agents and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be claimed because of damages to property, or personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the Developer or any of the Developer's employees, or any subcontractor. The cost of insurance required by this subsection shall be born by the Developer and its subcontractors and no compensation for purchasing insurance or additional coverage needed to meet these requirements will be paid for by the Authority. In the event that any required insurance is reduced in coverage, canceled for any reason, voided or suspended, the Developer agrees that the Authority may arrange for insurance coverage as specified, and the Developer further agrees that administrative and premium costs may be deducted from any deposits or bonds the Authority may have, or from the Improvement Fund. A reduction or cancellation will be grounds for termination of this Acquisition Agreement and will cause a halt to payment for any work on the Facilities until the insurance is reestablished. Liability policies shall contain, or be endorsed to contain the following provisions: (a) General Liability and Automobile Liability: The Authority, the City and their respective consultants, and each of their Boardmembers, Councilmembers, officers, officials, employees and volunteers shall be covered as additional insureds using ISO form CG 00 01 11 85 or 88 as it respects: liability arising out of activities performed by or on behalf of the Developer; products and completed operations of the Developer' premises owned, occupied or used by the Developer; or automobiles owned, leased, -17- hired or borrowed by the Developer. The coverage shall contain no special limitations on the scope or protection afforded to the Authority, the City and their respective consultants, and each of their respective Boardmembers, Councilmembers, officers, officials, employees, or volunteers. The Developer's insurance coverage shall be primary insurance with respect to the Authority, the City and their respective consultants, and each of their respective Boardmembers, Councilmembers, officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Authority, the City and their respective consultants, and each of their respective Boardmembers, Councilmembers, officers, officials, employees and volunteers shall be excess of the Developer's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Authority, the City, and their respective consultants, and each of their respective Boardmembers, Councilmembers, officers, officials, employees, and volunteers. The Developer's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (b) Workers' Compensation and Employer's Liability: The Developer and all subcontractors shall have workers' compensation for all employees in conformance with the requirements in Section 3700 of the Labor Code. (c) Error and Omissions Liability: The Developer and all subcontractors who are design professionals shall have and maintain errors and omissions insurance. Section 7.02. Responsibility for Damage. The Developer shall take and assume all responsibility for the work performed as part of the Facilities constructed pursuant to this Acquisition Agreement. The Developer shall bear all losses and damages directly or indirectly resulting to it, to the Authority, to the City, and their respective consultants, and their respective Boardmembers, Councilmembers, officers, employees and agents, or to others on account of the performance or character of the work, unforeseen difficulties, accidents of any other causes whatsoever. The Developer shall assume the defense of and indemnify and save harmless the Authority, the City, and their respective consultants, their respective Boardmembers, Councilmembers, officers, employees, and agents, from and against any and all claims, losses, damage, expenses and liability of every kind, nature, and description, directly or indirectly arising from the performance of the work, and from any and all claims, losses, damage, expenses, and liability, howsoever the same may be caused, resulting directly, or indirectly from the nature of the work covered by this Acquisition Agreement, to the fullest extent permitted by law and regardless (except as provided in the next sentence) of responsibility for any negligence. In accordance with Civil Code section 2782, nothing in this Section 7.02 shall require defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the Authority, the City, and their respective consultants, and their respective Boardmembers, Councilmembers, agents, servants or independent contractors who are directly responsible to the Authority or the City, or for defects in design furnished by such persons. Moreover, nothing in this Section 7.02 shall apply to impose on the Developer, or to relieve the Authority or the City from, liability for active negligence of the Authority, the City, or their respective consultants or their respective an Boardmembers, Councilmembers, officers, employees or agents as delineated in Civil Code Section 2782. Any relief for determining the Authority's or the City's sole or active negligence shall be determined by a court of law. The Authority does not, and shall not, waive any rights against the Developer which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by the Authority or the City, or deposit with the Authority by the Developer of any insurance policies described in Section 7.01. The aforesaid hold harmless agreement by the Developer shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered by reasons of any of the aforesaid operations of the Developer, or any subcontractor, regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages. No act by the City, or its representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, shall in any respect relieve the Developer or anyone else from any legal responsibility, obligation or liability it might otherwise have. ARTICLE VIII REPRESENTATIONS, WARRANTIES AND COVENANTS Section 8.01. Representations, Covenants and Warranties of the Developer. The Developer represents and warrants for the benefit of the Authority as follows: A. Organization. The Developer is a limited liability company duly organized and validly existing under the laws of the State of Delaware, is in compliance with all applicable laws of the State, and has the power and authority to own its properties and assets and to carry on its business as now being conducted and as contemplated in this Acquisition Agreement. B. Authori . The Developer has the power and authority to enter into this Acquisition Agreement, and has taken all action necessary to cause this Acquisition Agreement to be executed and delivered, and this Acquisition Agreement has been duly and validly executed and delivered by the Developer. C. Binding Obligation. This Acquisition Agreement is a legal, valid and binding obligation of the Developer, enforceable against the Developer in accordance with its terms, subject to bankruptcy and other equitable principles. D. Compliance with Laws. The Developer shall not with knowledge commit, suffer or permit any act to be done in, upon or to the lands of the Developer in the CFD or the Facilities in violation of any law, ordinance, rule, regulation or order of any governmental authority or any covenant, condition or restriction now or hereafter affecting the lands in the CFD or the Facilities. E. Requests for Payment. The Developer represents and warrants that (i) it will not request payment from the Authority for the acquisition of any improvements that are not part of the Facilities, and (ii) it will diligently follow all procedures set forth in this Acquisition Agreement with respect to the Payment Requests. -19- F. Financial Records. Until the date which is one year following the date of the final acceptance of the Facilities, the Developer covenants to maintain proper books of record and account for the construction of the Facilities and all costs related thereto. Such accounting books shall be maintained in accordance with generally accepted accounting principles, and shall be available for inspection by the Authority or its agent at any reasonable time during regular business hours on reasonable notice. G. Prevailing Wages. The Developer covenants that, with respect to any contracts or subcontracts for the construction of the Facilities listed in Exhibit B to be acquired from the Developer hereunder, it will assure complete compliance with any applicable law or regulation for the payment of prevailing wages. The Developer shall provide, at the written request of the Director of Public Works, evidence satisfactory to the Director of Public Works that the Developer has complied with the provisions of this Section 8.01G. with respect to any Facilities to be funded under this Acquisition Agreement. H. Plans. The Developer represents that it has obtained or will obtain approval of the Plans for the Facilities listed in Exhibit B to be acquired from the Developer hereunder from all appropriate departments of the City and from any other public entity or public utility from which such approval must be obtained. The Developer further agrees that the Facilities listed in Exhibit B to be acquired from the Developer hereunder have been or will be constructed in full compliance with such approved plans and specifications and any supplemental agreements (change orders) thereto, as approved in the same manner. I. Land Owners. The Developer agrees that in the event that it sells any land owned by it within the boundaries of the CFD other than to an individual prospective homeowner, the Developer will (i) notify the Authority within 30 days of the sale, in writing, identifying the legal name of and mailing address for the purchaser, the applicable County Assessor's parcel number or numbers for the land sold and the acreage of the land sold, (ii) notify the purchaser in writing prior to the closing of any such sale of the existence of this Acquisition Agreement and, in general, the Developer's rights and obligations hereunder with respect to the construction of and payment for the Facilities, and (iii) notify the purchaser (including for purposes of this clause (iii) any prospective homeowner buying property from the Developer) in writing of the existence of the CFD and the special tax lien in connection therewith, and otherwise comply with any applicable provision of Section 53341.5 of the Act. J. Additional Information. The Developer agrees to cooperate with all reasonable written requests for nonproprietary information by the original purchasers of the Bonds or the Authority related to the status of construction of improvements required by the Conditions of Approval, the anticipated completion dates for future improvements, and any other matter material to the investment quality of the Bonds. K. Continuing Disclosure. The Developer agrees to comply with all of its obligations under any continuing disclosure agreement executed by it in connection with the offering and sale of any of the Bonds for the CFD. L. Ownership By Affiliates. The Developer agrees to provide to the City's Finance Director on the date of issuance of the Bonds, on (or within five (5) business days of) July 1 of each year so long as the Bonds are outstanding and the Developer or any Affiliate thereof owns property in the CFD, and on any other date upon three business days notice from the City's Finance Director, a written list of all Affiliates of the -20- Developer which own or control the ownership of land located within the CFD, or which have options on land within the CFD, indicating the parcels of land by County Assessor's Parcel number of all such land so owned or optioned. M. Allocation of Sales Taxes to Authority. The Developer shall use reasonable efforts, with respect to any construction contract for a contract price of $5,000,000 or more and related to any construction by the Developer within the geographical boundaries of the City, to have the installing contractor obtain a sub -permit from the California Board of Equalization under the Bradley -Burns Uniform Local Sales and Use Tax law for the job site on which the work is to be performed. Section 8.02. Indemnification and Hold Harmless. The Developer shall assume the defense of, indemnify and save harmless the Authority, the City and the CFD, the members of the Authority, the members of the Board of Directors of the Authority and of the City Council of the City, their respective officers, officials, employees and agents and each of them, from and against all actions, damages, claims, losses or expense of every type and description to which they may be subjected or put, by reason of, or resulting from (i) the breach of any provision of this Acquisition Agreement by the Developer; (ii) the Developer's or any other entity's design, engineering and / or construction of any of the Facilities acquired from the Developer hereunder; (iii) the Developer's non-payment under contracts between the Developer and its consultants, engineer's, advisors, contractors, subcontractors and suppliers in the provision of the Facilities, including but not limited to any claim, lien or action by any such entity against the City, the Authority or the CFD for money or damages; or (iv) any claims of persons employed by the Developer or its agents to construct the Facilities. Notwithstanding the foregoing, no indemnification is given hereunder for any action, damage, claim, loss or expense directly attributable to the intentional acts or negligence of the Authority, the CFD or the City, or their respective Boardmembers, Councilmembers, officers, officials, directors, employees or agents hereunder. No provision of this Acquisition Agreement shall in any way limit the Developer's responsibility for payment of damages resulting from the operations of the Developer, its agents, employees or its contractors. The Developer shall assume the defense of (with counsel satisfactory to the Authority), indemnify and save harmless the Authority, the City and the CFD, members of the governing board of the Authority and of the City Council of the City, their officers, officials, employees and agents and each of them, from and against all actions, damages, claims, losses or expense of every type and description to which they may be subjected or put, by reason of, or resulting from, any alleged or actual material misstatements or omissions of facts necessary to make the statements with respect to the development by the Developer of the land in the CFD, or the Developer, not misleading under the circumstances made in any disclosure materials published in connection with the Bonds. Notwithstanding the foregoing, no indemnification is given hereunder for any action, damage, claim, loss or expense directly attributable to the intentional misstatements of material facts or material omissions in any such disclosure materials with respect to the Authority or the City. In the event that the Developer fails to discharge its obligations under any of the foregoing provisions of this Section 8.02, the Authority shall be entitled, following prior written notice of such failure to the Developer, to draw upon funds in the Improvement Fund as it deems necessary for the defense, indemnity or hold harmless otherwise to be provided by the Developer hereunder. -21- ARTICLE IX TERMINATION Section 9.01. Termination of Funding Obligations. Unless otherwise agreed to in writing by the parties hereto, this Acquisition Agreement shall terminate on December 31, 2040, if the Bonds have not been issued by that date. If Bonds are issued before such date, this Acquisition Agreement shall terminate on the date that no funds remain in the Improvement Fund and the Authority has determined that no further Bonds will be issued for the CFD (other than possible refunding bonds as described in Section 3.05). From and after the date of termination of this Acquisition Agreement, the Authority shall have no further obligation to pay the Purchase Price of any Facilities hereunder. Section 9.02. Mutual Consent. This Acquisition Agreement may be terminated by the mutual, written consent of the Authority and the Developer, in which event the Authority may let contracts for any remaining work related to the Facilities not theretofore acquired from the Developer hereunder, and use all or any portion of the monies in the Improvement Fund to pay for same, and the Developer shall have no claim or right to any further payments for the Purchase Price of Facilities hereunder, except as otherwise may be provided in such written consent. Section 9.03. Authority Election for Cause. The following events shall constitute grounds for the Authority, at its option, to suspend payments to the Developer hereunder as provided in the second succeeding paragraph, or terminate this Acquisition Agreement as described in the succeeding paragraph, in each case without the consent of the Developer: (a) The Developer shall voluntarily file for reorganization or other relief under any Federal or State bankruptcy or insolvency law. (b) The Developer shall have any involuntary bankruptcy or insolvency action filed against it, or shall suffer a trustee in bankruptcy or insolvency or receiver to take possession of the assets of the Developer, or shall suffer an attachment or levy of execution made against the property it owns within the CFD unless, in any of such cases, such circumstance shall have been terminated or released within thirty (30) days thereafter. (c) The Developer shall abandon construction of the Facilities. Failure for a period of ninety (90) consecutive days to undertake substantial work related to the construction of the Facilities, other than for a reason specified in Section 9.04 hereof, shall constitute a noninclusive example of such abandonment. (d) The Developer shall breach any material covenant or default in the performance of any material obligation hereunder. (e) The Developer shall transfer any of its rights or obligations under this Acquisition Agreement without the prior written consent of the Authority. (f) The Developer shall have made any material misrepresentation or omission in any written materials furnished in connection with any preliminary official statement, official statement or bond purchase contract used in connection with the sale of the Bonds for the CFD. -22- (g) The Developer or any of its Affiliates shall at any time challenge the validity of the CFD, or any of the Bonds, or the levy of special taxes within the CFD, other than on the grounds that such levy was not made in accordance with the terms of the Rate and Method of Apportionment of the Special Taxes for the CFD. If any such event occurs, the Authority shall give written notice of its knowledge thereof to the Developer, and the Developer agrees to meet and confer with the Director of Public Works and other appropriate City staff and consultants within thirty (30) days of receipt of such notice as to options available to assure timely completion of the Facilities listed in Exhibit B. Such options may include, but not be limited to the termination of this Acquisition Agreement by the Authority. If the Authority elects to terminate this Acquisition Agreement, the Authority shall first notify the Developer (and any mortgagee or trust deed beneficiary specified in writing by the Developer to the Authority to receive such notice) of the grounds for such termination and allow the Developer a minimum of thirty (30) days to eliminate or mitigate to the satisfaction of the Director of Public Works the grounds for such termination. Such period may be extended, at the sole discretion of the Authority, if the Developer, to the satisfaction of the Authority, is proceeding with diligence to eliminate or mitigate such grounds for termination. If at the end of such period (and any extension thereof), as determined solely by the Authority, the Developer has not eliminated or completely mitigated such grounds, to the satisfaction of the Authority, the Authority may then terminate this Acquisition Agreement. Notwithstanding the foregoing provisions of this paragraph, if an event described in clause (a) or (b) of the preceding paragraph occurs, the Authority need not comply with any of the foregoing provisions of this paragraph and may, in its sole and absolute discretion, terminate this Acquisition Agreement upon twenty (20) days prior written notice to the Developer of such termination. Notwithstanding the foregoing paragraph, so long as any event listed in any of clauses (a) through and including (g) above has occurred, notice of which has been given by the Authority to the Developer, and such event has not been cured or otherwise eliminated by the Developer, the Authority may in its discretion cease making payments for the Purchase Price of Facilities under Article V hereof. Nothing in this Section 9.03 shall in any way prohibit the Authority, the City or the CFD from drawing funds from the Improvement Fund for any of the purposes described in Section 5.09. Section 9.04. Force Majeure. Whenever performance is required of a party hereunder, that party shall use all due diligence and take all necessary measures in good faith to perform, but if completion of performance is delayed by reasons of floods, earthquakes or other acts of God, war, pandemic, terrorist attacks, civil commotion, riots, strikes, picketing, or other labor disputes, damage to work in progress by casualty, or by other cause beyond the reasonable control of the party (financial inability excepted), then the specified time for performance shall be extended by the amount of the delay actually so caused. Section 9.05. Survival of Certain Provisions. The provisions of Sections 7.02, 8.02 and 10.01 of this Acquisition Agreement shall survive the termination of this Acquisition Agreement, and the obligations of the Developer under said Sections shall remain in effect following any such termination. -23- ARTICLE X MISCELLANEOUS Section 10.01. Limited Liability of Authority. The Developer agrees that any and all obligations of the Authority arising out of or related to this Acquisition Agreement are special and limited obligations of the Authority and the Authority's obligations to make any payments hereunder are restricted entirely to the moneys, if any, in the Improvement Fund and from no other source. No member of the Authority's Board of Directors, or Authority staff member, employee or agent shall incur any liability hereunder to the Developer or any other party in their individual capacities by reason of their actions hereunder or execution hereof. Section 10.02. Excess Costs. The Developer will be responsible for any and all costs of the Facilities that it is obligated to construct pursuant to the Conditions of Approval in excess of the moneys available therefor in the Improvement Fund. Section 10.03. Audit. The Director of Public Works and / or the City's Finance Director shall have the right, during normal business hours and upon the giving of two (2) business days prior written notice to the Developer, to review all books and records of the Developer pertaining to costs and expenses incurred by the Developer in to any of the Facilities, and any bids taken or received for the construction thereof or materials therefor. Section 10.04. Attorney's Fees. In the event that any action or suit is instituted by either party against the other arising out of this Acquisition Agreement, the party in whose favor final judgment shall be entered shall be entitled to recover from the other party all costs and expenses of suit, including reasonable attorneys' fees. Section 10.05. Notices. Any notice, payment or instrument required or permitted by this Acquisition Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered, or transmitted by telecopy or facsimile transmission (which shall be immediately confirmed by telephone and shall be followed by mailing an original of the same within twenty-four hours after such transmission), or seventy-two hours following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows: Authority or CFD: Temecula Public Financing Authority 41000 Main Street Temecula, California 92589-9033 Attention: Director of Public Works Developer: Meritage Homes of California, Inc. 5 Peters Canyon Road, Suite 310 Irvine, CA 92606 Attention: Aaron Talarico Each party may change its address or addresses for delivery of notice by delivering written notice of such change of address to the other party. Section 10.06. Severability. If any part of this Acquisition Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Acquisition Agreement shall be given effect to the fullest extent possible. Section 10.07. Successors and Assigns. This Acquisition Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. This -24- Acquisition Agreement shall not be assigned by the Developer, except in whole to an Affiliate, without the prior written consent of the Authority, which consent shall not be unreasonably withheld or delayed. In connection with any such consent of the Authority, the Authority may condition its consent upon the acceptability of the relevant experience and financial condition of the proposed assignee, the assignee's express assumption of all obligations of the Developer hereunder, and / or upon any other factor which the Authority deems relevant in the circumstances. In any event, any such assignment shall be in writing, shall clearly identify the scope of the rights and / or obligations assigned, and shall not be effective until approved in writing by the Authority. No assignment, whether or not consented to by the Authority, shall release the Developer from its obligations and liabilities under this Acquisition Agreement. Notwithstanding the foregoing, the Developer may assign its rights to payment hereunder, without the prior consent of the Authority, to any financial institution providing financing to the Developer or an Affiliate of the Developer. Section 10.08. Other Agreements. The obligations of the Developer hereunder shall be those of a party hereto and not as an owner of property in the CFD. Nothing herein shall be construed as affecting the Authority's or the Developer's rights, or duties to perform their respective obligations, under other agreements, use regulations or subdivision requirements relating to the development of the land in the CFD. This Acquisition Agreement shall not confer any additional rights, or waive any rights given, by either party hereto under any development or other agreement to which they are a party. Section 10.09. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Acquisition Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Acquisition Agreement thereafter. Section 10.10. Merger. No other agreement, statement or promise made by any party or any employee, officer or agent of any party with respect to any matters covered hereby that is not in writing and signed by all the parties to this Acquisition Agreement shall be binding. Section 10.11. Parties in Interest. Nothing in this Acquisition Agreement, expressed or implied, is intended to or shall be construed to confer upon or to give to any person or entity other than the Authority, the CFD, the City, and the Developer any rights, remedies or claims under or by reason of this Acquisition Agreement or any covenants, conditions or stipulations hereof; and all covenants, conditions, promises, and agreements in this Acquisition Agreement contained by or on behalf of the Authority or the Developer shall be for the sole and exclusive benefit of the Authority, the CFD, the City, and the Developer. The City is an intended third party beneficiary of this Agreement. No provision of this Acquisition Agreement shall in any way be construed to provide any right whatsoever to any contractor, subcontractor, supplier or other party involved in the acquisition, construction or maintenance of any of the Facilities against the Authority, the City or the CFD, including but not limited to any right to payment or damages of any nature, in law or in equity. Section 10.12. Amendment. This Acquisition Agreement may be amended, from time to time, by written Supplement hereto and executed by both the Authority and the Developer. The Authority agrees to consider in good faith an amendment to Exhibit B hereto, upon written request of the Developer prior to the issuance of Bonds, to increase the Budgeted -25- Amounts for the Facilities listed on Exhibit B, due to increases in costs of construction of such Facilities occurring after the date of execution of this Acquisition Agreement, any such written request to provide reasonable support for any requested increases in the Budgeted Amounts. Section 10.13. Counterparts. This Acquisition Agreement may be executed in counterparts, each of which shall be deemed an original. Section 10.14. Governing Law. The provisions of this Acquisition Agreement shall be governed by the laws of the State applicable to contracts made and performed in the State. Section 10.15. Effective Date. Notwithstanding any other provision of this Acquisition Agreement, this Acquisition Agreement shall not become effective unless and until the Board of Directors adopts resolutions forming the CFD, determining the necessity for the CFD to incur bonded indebtedness, calling for an election of the qualified electors of the CFD and canvassing a successful result of the election and declaring the CFD to be fully formed with the authority to issue the Bonds and to levy special taxes on property in the CFD. -26- IN WITNESS WHEREOF, the parties hereto have executed this Acquisition Agreement as of the day and year first -above written. 20009.24:J19203 TEMECULA PUBLIC FINANCING AUTHORITY, for and on behalf of the TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.23-02 (PRADO) 0 Aaron Adams, Executive Director MERITAGE HOMES OF CALIFORNIA, INC., a California corporation 0 Aaron Talarico, Vice President -Land Acquisition and Forward Planning S-1 EXHIBIT A DESCRIPTION OF FACILITIES ELIGIBLE FOR ACQUISITION FROM THE DEVELOPER The acquisition and construction of: streets (including paving, aggregate base, striping and traffic marking, sidewalks, curbs, gutters and driveways), including Temecula Center Drive, Date Street and Ynez Road within and in the vicinity of the CFD; stormwater drainage systems (including storm drain lines, inlets, outlets, channels, structures, junctions, manholes, catch basins and related dewatering); street light improvements (including light fixtures, substructures, conduits and service points of connection); and street signage (including traffic, stop and street name signs). • The acquisition and installation of traffic signal improvements, including traffic signal interconnection and video surveillance systems, at the intersection of Ynez Road and Temecula Center Drive. • Landscaping improvements in the public right of way along or in the vicinity of Temecula Center Drive, Date Street and Ynez Road, including related appurtenances. Exhibit A Page 1 EXHIBIT B FACILITIES ELIGIBLE FOR ACQUISITION FROM THE DEVELOPER AND RELATED BUDGETED COSTS FACILITIES BUDGETED COSTS Temecula Center Drive, Ynez Road & Date Street Improvements: $1,950,000 Improvements include grading, removal of asphalt berms, sawcut and removal of existing asphalt, paving, grind and overlay of existing asphalt, curb and gutter, sidewalk, landscaping, irrigation, signing and striping, street lights, traffic control, storm drain and other appurtenant improvements necessary to complete Temecula Center Drive. Traffic Signal at Temecula Center Drive & Ynez Road: $750,000 Improvements include traffic signal, traffic signal interconnect on Ynez Road from Temecula Center Drive to Equity Drive, and other appurtenant improvements necessary to complete the traffic signal at Temecula Center Drive and Ynez Road. Exhibit B Page 1 EXHIBIT C FORM OF PAYMENT REQUEST PAYMENT REQUEST NO. The undersigned ("the Developer'), hereby requests payment in the total amount of $ for the Facilities (as defined in the Acquisition Agreement, dated as of January 23, 2024, between (a) the Temecula Public Financing Authority (the "Authority"), for and on behalf of the Temecula Public Financing Authority Community Facilities District No. 23-02 (Prado), and (b) the Developer), all as more fully described in Attachment 1 hereto. In connection with this Payment Request, the undersigned hereby represents and warrants to the Authority as follows: 1. He(she) is a duly authorized officer of the Developer, qualified to execute this Payment Request for payment on behalf of the Developer and is knowledgeable as to the matters set forth herein. 2. To the extent that this payment request is with respect to a completed Facility, the Developer has submitted or submits herewith to the City of Temecula (the "City") as -built drawings or similar plans and specifications for the items to be paid for as listed in Attachment 1 hereto with respect to any such completed Facility, and such drawings or plans and specifications, as applicable, are true, correct and complete. 3. All costs of the Facilities for which payment is requested hereby are Actual Costs (as defined in the Agreement referenced above) and have not been inflated in any respect. The items for which payment is requested have not been the subject of any prior payment request submitted to the Authority. 4. Supporting documentation (such as third party invoices) is attached with respect to each cost for which payment is requested. 5. There has been compliance with applicable laws relating to prevailing wages for the work to construct the Facilities for which payment is requested. 6. The Facilities for which payment is requested were constructed in accordance with all applicable City or other governmental standards, and in accordance with the as -built drawings or plans and specifications, as applicable, referenced in paragraph 2 above. 7. The Developer is in compliance with the terms and provisions of the Acquisition Agreement and no portion of the amount being requested to be paid was previously paid. 8. The Purchase Price for each Facility (a detailed calculation of which is shown in an Attachment 2 hereto for each such Facility), has been calculated in conformance with the terms of Section 5.06 of the Acquisition Agreement. 9. Neither the Developer nor any Affiliate (as defined in the Acquisition Agreement) is in default in the payment of ad valorem real property taxes or special taxes or special assessments levied in the CFD (as defined in the Acquisition Agreement), except as follows: Exhibit C Page 1 I hereby declare under penalty of perjury that the above representations and warranties are true and correct. DEVELOPER: MERITAGE HOMES OF CALIFORNIA, INC. By: Authorized Representative of the Developer Date: AUTHORITY: Payment Request Approved for Submission to the Finance Director of the City of Temecula By: Director of Public Works Date: Exhibit C Page 2 ATTACHMENT 1 EXHIBIT C [list here all Facilities for which payment is requested, and attach support documentation] Exhibit C-1 Page 3 ATTACHMENT 2 EXHIBIT C CALCULATION OF PURCHASE PRICE [Use a separate sheet for each Facility for which payment is being requested] 1. Description (by reference to Exhibit B to the Acquisition Agreement) of the Facility 2. Actual Cost (list here total of supporting invoices and / or other documentation supporting determination of Actual Cost): $ 3. Budgeted Cost: $ 4. Permitted Addition to Budgeted Cost (to the extent, and only to the extent, that Actual Cost exceeds Budgeted Cost), consisting of Savings (Actual Costs less than Budgeted Cost) carried forward from prior acquired Facilities (see first paragraph of Section 5.06A) and not previously applied to cover cost overruns (Actual Costs greater than Budgeted Cost) on previously acquired Facilities: $ 5. Subtractions from Purchase Price: A. Holdback for Lien releases (see Section 5.06(C) of the Acquisition Agreement) $ B. Retention (see Section 5.06(D) of the Acquisition Agreement) $ 6. Total disbursement requested (amount listed in 3, plus amount, if any, listed in 4 (total of amounts in 3 and 4 not to exceed amount listed in 2), less amounts, if any, listed in 5) $ Exhibit C-2 Page 1 Quint & Thimmig LLP 12 / 8 / 23 1/2/24 JOINT COMMUNITY FACILITIES AGREEMENT - EMWD THIS JOINT COMMUNITY FACILITIES AGREEMENT — EMWD (the "Agreement") is entered into this 20th day of March, 2024, by and among the TEMECULA PUBLIC FINANCING AUTHORITY, a joint exercise of powers authority (the "Authority"), the EASTERN MUNICIPAL WATER DISTRICT, a public agency organized and existing pursuant to Division 20 of the California Water Code (the "EMWD"), and MERITAGE HOMES OF CALIFORNIA, INC., a California corporation (the "Company"), and relates to the proposed formation of the TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 23-02 (PRADO) (the "CFD"), for the purpose of financing certain public facilities, including sewer facilities to be ultimately owned and operated by EMWD. RECITALS A. The Company is developing and owns the property described in Exhibit A hereto (the "Property") which is located in the City of Temecula, California, and is located within the boundaries of the EMWD and the proposed CFD. B. Pursuant to the request of Company, the Board of Directors of the Authority has initiated -proceedings to form the CFD pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code (the "Act"). C. The Company has requested and proposed that the CFD be formed for the purpose of providing the means of financing the acquisition of various public facilities, including certain public facilities to be constructed, owned and operated by EMWD, which are described in further detail on Exhibit B (the "EMWD Facilities"), in lieu of the payment of certain sewer financial participation charges and sewer treatment capacity charges of EMWD (collectively, the "EMWD Fees") incident to the development of homes to occur in the CFD. The EMWD Fees do not include meters, processing fees, construction water and other EMWD charges. D. The Company has not yet determined that it will finance the EMWD Facilities in lieu of payment of the EMWD Fees, and the parties hereto acknowledge that this Agreement is for the purpose of meeting the requirements of the Act. E. The Act effectively provides that the CFD may finance the EMWD Facilities only pursuant to a joint community facilities agreement adopted pursuant to Government Code Section 53316.2. F. The Authority and EMWD have determined that entering into this Agreement to enable the CFD to finance some or all of the EMWD Facilities will be beneficial to the residents of each entity and, therefore, desire to enter into this joint community facilities agreement pursuant to Government Code Section 53316.2. G. Nothing contained herein shall be construed as requiring the Company to take any specific action, or for the Authority to form the CFD or to issue any special tax bonds for the CFD. 20009.24:J19208 AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, and for other consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Recitals. Each of the above recitals is incorporated herein and is true and correct. 2. Proceedings for the Formation of CFD; Costs of Formation. The Board of Directors of Authority shall have the jurisdiction to and shall be solely responsible for undertaking the proceedings pursuant to the Act to consider the formation of the CFD and the authorization for the CFD to levy special taxes within the CFD and to incur bonded indebtedness. Notwithstanding the forgoing, if and when the Board of Directors of the Authority determines to issue special tax bonds for the CFD, the Board of Directors of the Authority shall take such actions in its reasonable discretion to ensure that the total effective property tax rate within the CFD (including the special tax rate for the CFD) does not exceed two percent (2%) of the projected value of the property subject to the special taxes when developed, determined at the time of the sale of the Bonds. The Authority shall not include EMWD's name on property tax bills that include the special taxes for property within the CFD. EMWD is not directly or indirectly approving or responsible in any way whatsoever for the levy of special taxes within the CFD, nor is EMWD directly or indirectly approving or responsible in any way whatsoever for the issuance or administration of bonds that may be issued by the Authority for the CFD. EMWD shall not be responsible in any way whatsoever for the costs of formation of the CFD or of the issuance of any special tax bonds for the CFD. The Authority agrees that any funds advanced by the Developer to EMWD to pay costs of EMWD related to the review and approval by EMWD of this Agreement shall, at the written request of the Company provided to the Authority prior to issuance by the Authority of the special tax bonds for the CFD, be included in the costs of issuance funded from the proceeds of such bonds and reimbursed to the Company promptly following the issuance of such bonds. 3. Use of Bond Proceeds. Prior to the sale of bonds issued by the Authority for the CFD (the "Bonds"), the Company Thall notify EMWD of the amount of Bond proceeds that are estimated to be reserved or otherwise available to fund EMWD Facilities. To the extent Bond proceeds are made available to EMWD to finance EMWD Facilities, but only to such extent, the Company may request payment from the Authority executing and submitting a request for payment, in substantially the form attached hereto as Exhibit C (the "Disbursement Request"), executed by the Company and countersigned by EMWD. Upon receipt of such Disbursement Request, the Authority will cause the fiscal agent for the Bonds to promptly wire transfer (or pay in another mutually acceptable manner) to EMWD such requested funds to the extent that Bond proceeds are available for such purpose. Upon such notice and EMWD's receipt of such disbursement of funds relating to EMWD Facilities, the Company shall be deemed to have satisfied the applicable EMWD Fees with respect to the number of dwelling units or lots for which the EMWD Fees would otherwise have been required in an amount equal to the amount of such disbursement. EMWD agrees to use Bond proceeds transferred to it within three years of the date of the issuance of the Bonds for the construction or acquisition of EMWD Facilities which shall consist of public infrastructure improvements owned by a governmental entity in which no nongovernmental entity has any special legal entitlements, which improvements have a useful life of five years or more, and are otherwise identified on Exhibit B hereto. -2- Notwithstanding the foregoing, EMWD shall maintain written records as to the investment and disposition of any Bond proceeds remitted to it under this Section 3, and will make such records available to the Treasurer of the Authority upon the Treasurer's written request. The Authority shall have no responsibility or obligation whatsoever with respect to the construction or operation of any of the EMWD Facilities, or with respect to any investment or use by EMWD of funds remitted to it pursuant to the preceding paragraph. Nothing in this Section 3 shall prohibit the Company from using its own funds to pay all or any portion of the EMWD Fees for any dwelling unit or lot in the CID. If the Bond proceeds available for purposes of this Agreement are less than the amount of EMWD Fees required to be paid by the Company for the development of all of the property within the CFD, the Company, in its discretion, may submit a Disbursement Request to use available Bond proceeds to pay a pro rata portion of the EMWD Fees for any dwelling unit or lot, and use its own funds to pay the balance of the EMWD Fees due, so long as EMWD reasonably expects to expend all of the available Bond proceeds by the date which is 3 years after the date the Bonds are issued. Nothing herein shall relieve the Company from paying EMWD Fees to the extent Bond proceeds are not made available to EMWD to finance EMWD Facilities. 4. Other Public Utility Facilities. EMWD shall not acquire from the Company or construct the water, electric, natural gas and telephone underground public utility improvements to be installed in the street rights -of -way within the tracts into which the Property will be subdivided. The Company shall construct all such improvements and make such arrangements with respect to refunding of the cost of the installation of such improvements with the utility companies that will own and operate same as is permitted by the rules of such companies. 5. Indemnification. The Company shall assume the defense of, indemnify and save harmless, EMWD, its directors, officers, employees and agents, and the Authority, its members, directors, officers, employees and agents, and each and every one of them from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subject or put, by reason of, or resulting from this Agreement or the issuance of the Bonds; provided, however that the Company shall not be required to indemnify any person or entity as to damages resulting from willful misconduct of such person or entity or their agents or employees. 6. Termination. The provisions of this Agreement related to the funding of the EMWD Facilities shall terminate and be of no further force or effect if Bonds are not sold by December 31, 2033. If for any reason the Bonds are not issued by such date, this Agreement shall terminate and be of no further force and effect. If not earlier terminated in accordance with the foregoing, this Agreement shall terminate on the date which is five years after the date on which EMWD has fully expended any Bond funds remitted to it (and any investment earning thereon) to pay costs of EMWD Facilities. 7. Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy-two (72) hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: Authority / CFD: Temecula Public Financing Authority c / o City of Temecula 41000 Main Street Temecula, CA 92589 Attention: Director of Finance -3- EMWD: Eastern Municipal Water District 2270 Trumble Road Post Office Box 8300 Perris, CA 92572-8300 Attn: General Manager Company: Meritage Homes of California, Inc. 5 Peters Canyon Road, Suite 310 Irvine, CA 92606 Attention: Aaron Talarico with a copy to: O'Neil LLP 19900 MacArthur Boulevard, Suite 1050 Irvine, CA 92612 Attention: John P. Yeager, Esq. Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party hereto. 8. No Obligation. The parties agree that the Company has no obligations hereunder until or unless the Authority issues the Bonds and allocates a portion of the proceeds of the Bonds specifically to fund the EMWD Facilities. 9. Amendment. This Agreement may be amended at any time but only in writing signed by each party hereto. 10. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the parties with respect to the subject matter of this Agreement. 11. Exhibits. All exhibits attached hereto are incorporated into this Agreement by reference. 12. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 13. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other parties hereto, or the failure by a party to exercise its rights upon the default of another party, shall not constitute a waiver of such party's right to insist and demand strict compliance by such other parties with the terms of this Agreement thereafter. 14. No Third Party Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than EMWD, the Authority, the CFD and the Company (and their respective successors and assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement. 15. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. 16. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. -4- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. 20009.24:J19208 TEMECULA PUBLIC FINANCING AUTHORITY Aaron Adams, Executive Director [signature page to CFD 23-02 - Joint Community Facilities Agreement - EMWD] S-1 20009.24:J19208 EASTERN MUNICIPAL WATER DISTRICT Joe Mouawad, General Manager [signature page to CFD 23-02 - Joint Community Facilities Agreement - EMWD] S-2 20009.24:J19208 MERITAGE HOMES OF CALIFORNIA, INC., a California corporation in Aaron Talarico, Vice President -Land Acquisition and Forward Planning [signature page to CFD 23-02 — Joint Community Facilities Agreement — EMWD] S-3 EXHIBIT A PROPERTY DESCRIPTION Riverside County Assessor's Parcel Numbers: 916-400-051 916-400-052 916-400-053 916-400-070 A-1 EXHIBIT B DESCRIPTION OF EMWD FACILITIES "EMWD Facilities" means sewer system and water development improvements included in EMWD's sewer capacity and connection fee programs used to finance expansion projects except for those in -tract facilities that are contributed by the Company. EMWD Facilities include, but are not limited to: sewer transmission pipelines, sewer treatment plants, disposal ponds, pumping plants, lift stations, water reservoirs, including all costs of site acquisition, planning, design, engineering, legal services, materials testing, coordination, surveying, construction staking, construction, inspection and any and all appurtenant facilities relating to the foregoing. IM EXHIBIT C DISBURSEMENT REQUEST FORM FOR FUNDING OF EMWD FACILITIES IN LIEU OF PAYMENT OF EMWD FEES Sequence No. EMWD SA# 1. The Temecula Public Financing Authority (the "Authority") is hereby requested to pay from the Bond proceeds to Eastern Municipal Water District ("EMWD"), as Payee, the sum set forth in 3 below. 2. The undersigned certifies that the amount requested for funding of EMWD Facilities in lieu of payment of EMWD Fees, has not formed the basis of prior request or payment, and is being made with respect to the connection of the property described in Exhibit A to the Agreement described below, to the EMWD system. 3. Amount requested: $ For Lot Nos. Wire transfer instructions for remission of funds to EMWD: 4. The amount set forth in 3 above is authorized and payable pursuant to the terms of the Joint Community Facilities Agreement among the Authority, EMWD and Meritage Homes of California, Inc., dated as of March 20, 2024 (the "Agreement"). By entering into Agreement and requisitioning funds that may include proceeds of bonds issued by the Authority for the CFD (the 'Bonds") as described above, EMWD is not passing upon, determining or assuming the tax-exempt status of the Bonds for federal or State income tax purposes. Capitalized terms used but not defined herein have the respective meanings given to them in the Agreement. MERITAGE HOMES OF CALIFORNIA, INC. a California corporation By: Its: EASTERN MUNICIPAL WATER DISTRICT By: Its: C-I Quint & Thimmig LLP 1 / 8 / 24 JOINT COMMUNITY FACILITIES AGREEMENT - SCHOOL DISTRICT THIS JOINT COMMUNITY FACILITIES AGREEMENT — SCHOOL DISTRICT (the "Agreement") is entered into this 20th day of February, 2024, by and among the TEMECULA PUBLIC FINANCING AUTHORITY, a joint exercise of powers authority (the "Authority"), the TEMECULA VALLEY UNIFIED SCHOOL DISTRICT, a school district duly organized and validly existing under the laws of the State of California (the "School District"), and MERITAGE HOMES OF CALIFORNIA, INC., a California corporation (the "Company"), and relates to the proposed formation of the TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 23-02 (PRADO) (the "CFD"), for the purpose of financing certain public school facilities to be owned and operated by School District. RECITALS A. The Company is developing and owns the property described in Exhibit A hereto (the "Property") which is located in the City of Temecula, California, and within the boundaries of the proposed CFD. The School District provides school services to an area which includes the Property, and expects to enter into a School Facilities and Funding Agreement with the Company (the "School Agreement"), which School Agreement will establish school impact fees (the "School District Fees") applicable to development within the CFD. B. Pursuant to the request of Company, the Board of Directors of the Authority has initiated -proceedings to form the CFD pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code (the "Act"). C. The Company has requested and proposed that the CFD be formed for the purpose of providing the means of financing the acquisition of various public facilities, including certain public school facilities to be constructed, owned and operated by the School District, which are described in further detail on Exhibit B (the "School District Facilities"), in lieu of the payment of the School District Fees otherwise payable incident to the development of homes to occur in the CFD. D. The Act effectively provides that the CFD may finance the School District Facilities only pursuant to a joint community facilities agreement adopted pursuant to Government Code Section 53316.2. E. The Authority and the School District have determined that entering into a joint community facilities agreement to enable the CFD to finance some or all of the School District Facilities will be beneficial to the residents of each entity and, therefore, desire to enter into this Agreement, as it constitutes a joint community facilities agreement pursuant to Government Code Section 53316.2. F. Nothing contained herein shall be construed as requiring the Company to take any specific action, or for the Authority to form the CFD or to issue any special tax bonds for the CFD. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, and for other consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Recitals. Each of the above recitals is incorporated herein and is true and correct. 20009.24:J19209 2. Proceedings for the Formation of CFD; Costs of Formation. The Board of Directors of Authority shall have the jurisdiction to and shall be solely responsible for undertaking the proceedings pursuant to the Act to consider the formation of the CFD and the authorization for the CFD to levy special taxes within the CFD and to incur bonded indebtedness. The School District is not directly or indirectly approving or responsible in any way whatsoever for the levy of special taxes within the CFD, nor is the School District directly or indirectly approving or responsible in any way whatsoever for the issuance or administration of bonds that may be issued by the Authority for the CFD. The School District shall not be responsible in any way whatsoever for the costs of formation of the CFD or of the issuance of any special tax bonds for the CFD. The Authority agrees that any funds advanced by the Developer to the School District to pay costs of the School District related to the review and approval by the School District of this Agreement shall, at the written request of the Company provided to the Authority prior to the issuance by the Authority of special tax bonds for the CFD, be included in the costs of issuance funded from the proceeds of such bonds and reimbursed to the Company promptly following the issuance of such bonds. 3. Use of Bond Proceeds. To the extent proceeds of bonds issued by the Authority for the CFD (the "Bonds") are made available to finance School District Facilities, the Company may request payment from the Authority by executing and submitting a request for payment, in substantially the form attached hereto as Exhibit C (the "Disbursement Request"), executed by the Company and countersigned by the School District. Upon receipt of such Disbursement Request, the Authority will cause the fiscal agent for the Bonds to promptly wire transfer (or pay in another mutually acceptable manner) to the School District such requested funds to the extent that Bond proceeds are available for such purpose. Upon such notice and the School District's receipt of such disbursement of funds relating to School District Facilities, the Company shall be deemed to have satisfied the applicable School District Fees with respect to the number of square feet of assessable space based on the amount of such disbursement, as set forth in the School Agreement. The School District agrees to use Bond proceeds transferred to it within three years of the date of the issuance of the Bonds for the construction or acquisition of School District Facilities which shall consist of public school improvements owned by a governmental entity in which no nongovernmental entity has any special legal entitlements, which improvements have a useful life of five years or more, and are otherwise identified on Exhibit B hereto. Notwithstanding the foregoing, the School District shall maintain written records as to the investment and disposition of any Bond proceeds remitted to it under this Section 3, and will make such records available to the Treasurer of the Authority upon the Treasurer's written request. The Authority shall have no responsibility or obligation whatsoever with respect to the construction or operation of any of the School District Facilities, or with respect to any investment or use by School District of funds remitted to it pursuant to the preceding paragraph. Nothing in this Section 3 shall prohibit the Company from using its own funds to pay all or any portion of the School District Fees for any dwelling unit or lot in the CFD. If the Bond proceeds available for purposes of this Agreement are less than the amount required to be funded pursuant to the School Agreement, the Company, in its discretion, may submit a Disbursement Request to use available Bond proceeds to pay a pro rata portion of the School District Fees for any dwelling unit or lot, and use its own funds to pay the balance of the School District Fees due, -2- so long as the School District reasonably expects to expend all of the available Bond proceeds by the date which is 3 years after the date the Bonds are issued. 4. Indemnification. The Company shall assume the defense of, indemnify and save harmless, the School District, its officers, employees and agents, and the Authority, its members, directors, officers, employees and agents, and each and every one of them from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subject or put, by reason of, or resulting from this Agreement or the issuance of the Bonds; provided, however that the Company shall not be required to indemnify any person or entity as to damages resulting from willful misconduct of such person or entity or their agents or employees. 5. Termination. The provisions of this Agreement related to the funding of the School District Facilities shall terminate and be of no further force or effect if Bonds are not sold by December 31, 2033. If for any reason the Bonds are not issued by such date, this Agreement shall terminate and be of no further force and effect. If not earlier terminated in accordance with the foregoing, this Agreement shall terminate on the date which is five years after the date on which the School District has fully expended any Bond funds remitted to it (and any investment earning thereon) to pay costs of School District Facilities. 6. Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy-two (72) hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: Authority / CFD: Temecula Public Financing Authority c / o City of Temecula 41000 Main Street Temecula, CA 92589 Attention: Director of Finance School District: Temecula Valley Unified School District 31350 Rancho Vista Road Temecula, CA 92592 Attention: Superintendent Company: Meritage Homes of California, Inc. 5 Peters Canyon Road, Suite 310 Irvine, CA 92606 Attention: Aaron Talarico with a copy to: O'Neil LLP 19900 MacArthur Boulevard, Suite 1050 Irvine, CA 92612 Attention: John P. Yeager, Esq. Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party hereto. 7. No Obligation. The parties agree that the Company has no obligations hereunder until or unless the Authority issues the Bonds and allocates a portion of the proceeds of the Bonds specifically to fund the School District Facilities. -3- 8. Amendment. This Agreement may be amended at any time but only in writing signed by each party hereto. 9. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the parties with respect to the subject matter of this Agreement. 10. Exhibits. All exhibits attached hereto are incorporated into this Agreement by reference. 11. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 12. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other parties hereto, or the failure by a party to exercise its rights upon the default of another party, shall not constitute a waiver of such party's right to insist and demand strict compliance by such other parties with the terms of this Agreement thereafter. 13. No Third Party Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the School District, the Authority, the CFD and the Company (and their respective successors and assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement. 14. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. 15. Effective Date. This Agreement shall become effective upon the execution of this Agreement by the Authority, the School District and the Company, and the execution of a School Agreement by the School District and the Company. 16. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. -4- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. TEMECULA PUBLIC FINANCING AUTHORITY Aaron Adams, Executive Director 20009.24:J19209 [signature page to CFD 23-02 - Joint Community Facilities Agreement - School District] S-1 TEMECULA VALLEY UNIFIED SCHOOL DISTRICT By: Nicole Lash, Assistant Superintendent of Business Support Services 20009.24:J19209 [signature page to CFD 23-02 — Joint Community Facilities Agreement — School District] S-2 MERITAGE HOMES OF CALIFORNIA, INC., a California corporation 0 20009.24:J19209 Aaron Talarico, Vice President -Land Acquisition and Forward Planning [signature page to CFD 23-02 — Joint Community Facilities Agreement — School District] S-3 EXHIBIT A PROPERTY DESCRIPTION Riverside County Assessor's Parcel Numbers: 916-400-051 916-400-052 916-400-053 916-400-070 A-1 EXHIBIT B DESCRIPTION OF SCHOOL DISTRICT FACILITIES "School District Facilities" means the planning, engineering, design, acquisition, construction, lease, improvement, and / or financing of interim and permanent facilities, including classrooms, multi -purpose facilities, administration and auxiliary space as reasonably determined from time to time by the School District as follows: (a) School sites and facilities, including the acquisition of land, or interests in land required for the construction of such on -site or off -site facilities, including, but not limited to, buildings, appurtenances, athletic fields, playgrounds and improvements thereto, as well as portable or relocatable buildings or interim additions to existing buildings at such School District Facilities. (b) Modernization, rehabilitation, relocation and expansion of existing School District Facilities and related infrastructure. (c) Central support, administrative facilities, special education facilities and transportation facilities, including, but not by way of limitation, buses and vehicles. (d) Furniture, equipment and technology, including technology upgrades and mobile devices and infrastructure therefore, with a useful life of at least five (5) years at such School District Facilities. (e) The costs attributable to planning, engineering, designing, leasing, financing, acquiring, expanding, relocating, rehabilitating, or constructing (or any combination thereof) of School District Facilities (including, without limitation, construction management, inspection, materials testing, and construction staking). IM EXHIBIT C DISBURSEMENT REQUEST FORM FOR FUNDING OF SCHOOL DISTRICT FACILITIES IN LIEU OF PAYMENT OF SCHOOL DISTRICT FEES 1. The Temecula Public Financing Authority (the "Authority") is hereby requested to pay from the Bond proceeds to the Temecula Valley Unified School District ("School District"), as Payee, the sum set forth in 3 below. 2. The undersigned certifies that the amount requested for funding of School District Facilities in lieu of payment of School District Fees, has not formed the basis of prior request or payment, and is being made with respect to the development of homes on the property described in Exhibit A to the Agreement described below. 3. Amount requested: $ Wire transfer instructions for remission of funds to the School District: 4. The amount set forth in 3 above is authorized and payable pursuant to the terms of the Joint Community Facilities Agreement among the Authority, the School District and Meritage Homes of California, Inc., dated as of February 20, 2024 (the "Agreement"). Capitalized terms used but not defined herein have the respective meanings given to them in the Agreement. MERITAGE HOMES OF CALIFORNIA, INC. a California corporation By: Its: TEMECULA VALLEY UNIFIED SCHOOL DISTRICT By: Its: C-1 Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: January 23, 2024 SUBJECT: Community Development Department Monthly Report RECOMMENDATION: That the City Council receive and file the Community Development Department monthly report. The following are the highlights for Community Development for the months of November and December 2023. CURRENT PLANNING ACTIVITIES In November and December 2023, Planning processed eighty-two (82) new applications (not including Home Occupations) and conducted seven (7) Public Hearings. A detailed account of planning activities is attached to this report. Planning Statistics m-a Range ccessory Duelling Unit onditional Use Permit e t elopment Plan L;tcrical Apprapriawne�,s ae Permit Exception .cations Program )orary Use ag Letter Nowrnber I Dcmnbcr S 9 2 0 _ 0 1 1 17 I 12 1 7 0 1 1 1 1 0 Paseo Del Sol Tentative Tract Map No. 36483 (PA14-0087): The City is processing a Tentative Tract Map (No. 36483) for 168 single-family homes and 11 open space lots located at the northwest corner of Temecula Parkway and Butterfield Stage Road. (COOPER) Temecula Valley Hospital Master Plan Update (PA21-1525): The City is processing a Modification to the previously approved Temecula Valley Hospital Master Plan. The updated Master Plan, at buildout will include the existing 237,305 square foot hospital building and 5,180 square foot storage building along with an approximately 130,000 square foot, four story Behavioral Health Building in Phase 2, an approximately 10,000 square foot expansion to the emergency department, a 125,000 square foot, five story second hospital tower, a 80,000 square foot medical office buildings, and a 14,000 square foot utility plant in Phase 3, and an approximately 125,000 square foot, five story third hospital tower, a 80,000 square three story foot medical office building, and a four story parking structure with the existing helipad relocated to the roof of the structure in Phase 4. The project is located at 31700 Temecula Parkway. A public scoping meeting for the Subsequent Environmental Impact Report (SEIR) was held on March 23, 2022, at the Ronald H. Roberts Temecula Public Library. The public review period for the SEIR has ended. The Final SEIR has been completed by the consultant and meetings have taken place with the City Council and Planning Commission Subcommittee's. A tour of a similar Behavioral Health Facility took place on June 6, 2023, for the City Council and Planning Commission. A Community Meeting organized by TVH took place on November 13, 2023 in the City of Temecula Conference Center. (COOPER) Temecula Resort and Spa (PAs 22-0035, 22-0037): The City is processing a Development Plan and Tentative Parcel Map for an approximately 474,137 square foot, seven (7) story, 90-foot high full service hotel that includes a parking garage, conference facilitiesiballrooms, gallery/event space, full service spa, restaurants, bars/lounges, retail outlets, workout facility, outdoor pool area, and a wedding garden located on the east side of Front Street between First Street and Second Street. The project was presented to the Old Town Steering Subcommittee on July 26, 2022, September 27, 2022, April 25, 2023, and May 23, 2023, and the Old Town Temecula Planning Commission Subcommittee on October 19, 2022. On September 6, 2023 the Planning Commission requested redesign of the project in order to meet the development standards of the Old Town Specific Plan. Staff will continue to work with the applicant team. The project has been scheduled for a meeting with the Old Town Temecula Planning Commission Subcommittee on January 17, 2024. (COOPER) Seraphina Tentative Tract Map No. 38267 (PA22-0830): The City is processing a Tentative Tract Map (TTM 38267) for the creation of 39 single family lots and two (2) open space lots on 12.77 acres located on the southwest corner of Joseph Road and Rita Way (APN: 957-080-027). (COOPER) Boutique Luxury Hotel (PAs 22-0929, 0930, 0931): The City is processing a Development Plan for an approximately 54,699 square foot, four-story, 45 room hotel that includes retail spaces, a gym, meeting space, and a rooftop restaurant and pool area. The project is located on the west side of Old Town Front Street approximately 400' south of Santiago Road adjacent to the U-Haul dealership. The application package also includes requests for a Minor Exception for the height of the building to accommodate architectural tower elements and a Variance to allow for parking within the setback due to the narrow width of the project site. (COOPER) Parker Medical Center II (PA22-0987): The City is processing a Development Plan for an approximately 35,601 square -foot, three story, medical office building located on the west side of Avenida De Missiones approximately 425 feet south of Temecula Parkway. (COOPER) Paradise Chevrolet (PAs 22-1124, 1125): The City is processing a Development Plan and Conditional Use Permit for an approximately 47,727 square foot, two story structure that includes rooftop parking for a commercial and fleet truck dealership that includes maintenance and repair services for Paradise Chevrolet. The project is located on an undeveloped site at 42105 DLR Drive. An environmental consultant has been selected and is under contract to prepare an environmental document for the project. (COOPER) U-HAUL (PA23-0056): The City is processing a Development Plan for an approximately 40,883 square foot four story self -storage facility located on the southwest corner of Las Haciendas Street and Jefferson Avenue. (COOPER) Rancho-12 Tentative Tract Map (PA22-0047): A Tentative Tract Map for a 12-lot single-family development located at 31670 Rancho California Road. (JONES) Be Good Hotel (PA22-0995): A Development Plan Application to review a four-story hotel featuring nine rooms, restaurant and subterranean parking. The project is generally located on the northwest corner of Fourth Street and Mercedes Street. (JONES) Amazon Delivery Van Parking Lot (PA22-1025): A modification application to allow a parking lot expansion to accommodate delivery van parking. The project is located at 27731 Diaz Road. (JONES) Better Buzz/Ono BBQ Development Plan (PA23-0030): A Development Plan to allow the construction of two commercial structures totaling approximately 4,414 square feet. Structures will be used for a restaurant and coffee shop. The project is located at 29540 Rancho California Road. (JONES) Bedford Court Development Plan (PA23-0197): A Development Plan application to allow for the construction of two structures totaling approximately 4,546 square feet. Anticipated uses consist of a car wash and coffee shop. The project is generally located approximately 160 feet south of the Temecula Parkway and Bedford Court intersection. (JONES) Bedford Court Planned Development Overlay (PA23-0280): A Planned Development Overlay to provide development standards for a proposed coffee shop and car wash. The project is located approximately 160 feet south of the Temecula Parkway and Bedford Court intersection at APN: 922-210- 042. (JONES) Sail House Development Plan (PA23-0227): A Development Plan for an approximately 7,066 square foot warehouse building with office space. The project is located at 42974 Roick Drive. (JONES) Redhawk Specific Plan Amendment (PA23-0327): An amendment to the Redhawk Specific Plan to provide a revision to uses associated with the golf course and add related standards for those uses. The project is located at 45100 Temecula Parkway within the Redhawk Specific Plan (Related application PA23- 0251 CUP). (JONES) Front and Main (PA23-0492): A Development Plan application for an approximately 13,600 square foot structure totaling three -stories. The project is generally located approximately 130 feet east of the Old Town Front Street and Main Street intersection at APN: 922-034-037. (JONES) Old Town Townhomes Development Plan (PA22-0941): The City is processing a Development Plan Application for the construction of 14 multifamily residential units on the vacant .68-acre parcel located at 42146 Sixth Street. (CARDENAS) Texas Roadhouse (PA23-0341): The City is processing a Development Plan for an approximately 8,000 square foot Texas Roadhouse restaurant located at 40710 Winchester Road. (COOPER) Mercedes Benz Sprinter (PA23-0329): The City is processing a Development Plan for an approximately 81,295 square foot Mercedes Benz Sprinter Dealership that includes maintenance and repair services, detail center, and employee wellness center. The project is located on an undeveloped site at 40910 Temecula Center Dr. (COOPER) Altair Villages A, B, & C (PAs 23-0438, 0439, 0440): The City is processing three (3) Development Plans for the first three (3) villages of Altair consisting of single family detached, duplex, and rowhomes products totaling 467 residential units and two (2) parks. (COOPER) Gaucho Grill (PAs 23-0467, 0499, 0500): The City is processing a Conditional Use Permit for a Type 47 ABC License, a Modification to an existing building to revise the colors of the building, addition of a covered entryway and dining area, new exterior lighting, and folding glass window panels, and a Certificate of Historical Appropriateness to modify an existing historic building (First National Bank). The project is located in the former location of The Bank of Mexican Food in Old Town and proposes operations Sunday - Thursday from 11:00am to 10:00pm and Friday and Saturday from 11:00am to 11:30pm with NO live entertainment. (COOPER) Seraphina (PA23-02497): The city is processing a Tentative Tract Map to subdivide two existing parcels into nine (9) parcels on 11.4 acres located on the south side of Pauba Road approximately 600 feet of Showalter Road. (COOPER) LONG RANGE PLANNING General Plan Update: The Long Range Planning Division has developed a four -phase, multi -year process to update the General Plan. Phase I is complete and included updates to Housing and Public Safety Elements. Phase I also included an update to the City's Traffic Impact Analysis (TIA) Guidelines to analyze Vehicle Miles Travelled (VMT) for the California Environmental Quality Act (CEQA). Phase II is in process and includes an update to the Quality of Life Master Plan (QLMP), reconciling the City's GIS Maps on a parcel by parcel basis, a baseline EIR analysis of the City's Circulation Element, and developing a Complete Streets Policy document. Phase III will include a Fiscal Land Use Study to analyze the City's remaining development capacity and market absorption potential for residential, commercial, and industrial development. The final phase is to work with a General Plan Advisory Committee to update to the General Plan and EIR over an 18 to 24-month timeframe. (PETERS) Quality of Life Master Plan Update: On April 27, 2021, the City Council established a Blue Ribbon Committee (BRC) to update the Quality of Life Master Plan (QLMP). The QLMP identifies the City's six core values, including: 1) Healthy and Livable City; 2) Economic Prosperity; 3) Safe and Prepared Community; 4) Sustainable City; 5) Transportation Mobility and Connectivity; and 6) Accountable and Responsive City Government. Projects and programs proposed in the City's Annual Operating Budget and Capital Improvements Program must be consistent with the City's Core Values. Performance measures (indicators) are measured annually to track progress and the completion of goals and objectives. The last BRC meeting was held on July 21, 2022. The Preliminary Draft document was presented to all the Commissions in October and November. The Final Draft QLMP was approved by the City Council on November 15, 2022. The QLMP will serve as the foundation for the General plan update. The final document is available online and hard copies have been distributed to the City Council, City Staff, Boards, and Commissions. (PETERS) QLMP Website for Measuring Progress (Dashboard): As part of the Quality of Life Master Plan Update, Planning staff is working with a consultant, MIG, and the IT Department to develop a website for the QLMP. The intent of the website is to provide a "dashboard" to display the seven Core Values and eventually incorporate the goals and policies of the updated General Plan. The website will also be used to measure the city's progress towards achieving the Citizen's 20-Year Priorities identified in the QLMP. The dashboard will be displayed on a third -party website and will incorporate links and useful indicators intended for user- friendly navigation. The website officially launched on October 9, 2023. The QLMP Dashboard will be updated at the end of each calendar year to reflect department accomplishments. (GARCIA) Uptown Temecula Specific Plan Amendment (LR19-1458): An amendment to the Uptown Specific Plan to implement the following changes: modify graphics to reflect consistency with text regarding allowable frontage types, amend street cross sections (graphics), amend plant pallet and Silva cell requirements for street trees, implement a street naming convention, amend streetlight spacing and other typographical errors. Staff has reached out to Spurlock Consulting for assistance in updating the Sidewalk and Streetscape Standards and is awaiting a scope of work and timeline. Public Works is drafting new street sections for the Specific Plan. Spurlock Consulting has provided a scope of work for the proposed changes to the streetscape and sidewalk standards and staff has executed the agreement for services and will begin updating the graphics as requested. Planning and Traffic Engineering have been working on updated street cross sections and a map to identify cross section placements. (COLLINS) Transportation Discovery and Existing Conditions Analysis (LR20-1071): The City received an SB 2 Grant from the State Department of Housing and Community Development (HCD) to prepare an internal document for staff to identify potential transportation focused areas as part of Phase 2 of our General Plan Update process and timeline. The City has retained Fehr & Peers (F&P) Transportation Consultants to document existing transportation conditions in the City, provide benchmarking information on how transportation facilities, transportation use and policies compares to other peer agencies (through benchmarking) and will evaluate how much of the current Circulation Element has been implemented. Staff worked with F&P to identify methodology, thresholds, and mitigation to address VMT for the California Environmental Quality Act evaluation, which the City Council adopted in May 2020. On July 19, 2021, Staff has a scheduled internal meeting with Fehr & Peers, they present to staff the Data Collection Status. Currently, the consultant is developing the three scenario runs to be reviewed by staff prior to conducting a full model run. (PETERS) Old Town Parklets (LR22-1112): The previous Old Town Outdoor Dining Program was a project intended to make the Temporary Expanded Dining/Retail Program (TED) permanent that was sparked by the COVID- 19 pandemic restrictions. However, due to the potential barriers that came to light such as loss of parking, ADA requirements, outside agency fees and more, the decision was made by City Council and staff to end the outdoor dining program when the license agreements expired on July 1, 2022. With that, other outdoor dining amenities were explored for Old Town which led to the Old Town Parklet Project. Parklets are the conversion of parking spaces on urban streets into a small public `park' or enclosed seating area. The intent of the Parklet Project is to provide an additional amenity to the community and promote an increase in pedestrian activity and convenience. Staff is working with a consultant, Placeworks, to design and implement the Old Town Parklets. Locations and design themes will be determined throughout the process with direction from the Old Town Steering Subcommittee. An open -house style community workshop was held on October llth to retrieve feedback from community members. The input received from the 12 attendees was presented to the Old Town Steering Subcommittee on November 14th and direction was given to staff to move forward with a pilot program. The consultant is currently working on creating a draft recommendation for two pilot parklets in Old Town. (GARCIA) Complete Streets (LR23-0043): This project will draft a citywide policy for the city to ensure transportation infrastructure is designed to enhance safety, accessibility, and mobility for all users. A Complete Streets Checklist will be developed to be used internally to ensure that transportation infrastructure projects are implementing Complete Streets where practical by considering the feasibility of Complete Streets improvements and ensuring consistency with other planning documents. The City has retained Fehr & Peers Transportation Consultants to draft the Complete Streets Policy, implementation checklist, and mid -block crosswalk criteria. This project is being funded by the Local Early Action Planning (LEAP) grant that was awarded by the State Department of Housing and Community Development (HCD). The consultant presented the draft Complete Streets Policy to the Planning Commission on October 18th and to the Traffic Safety Commission on October 26th. The presentation was strictly informative, and the Commissioners offered several suggestions to add to the policy which have been incorporated in the final version that was adopted by the City Council on November 28th. (GARCIA) Climate Action Plan (CAP) Baseline Evaluation (LR23-0083): The City was awarded funds from the Local Early Action Planning (LEAP) grant opportunity by the State Department of Housing and Community Development (HCD) to prepare an internal report of the city's baseline Greenhouse Gas Emissions (GHG) inventory. The intent is for the City to have full documentation of a baseline emissions inventory that can be used as the City develops a Climate Action Plan. The City has contracted WSP to collect data needed to estimate GHG emissions and include vehicle fuel economy standards, electric vehicle mandates, renewable electricity standards, waste reduction targets, and water use restrictions. WSP has prepared the draft Memo that staff is currently reviewing. (GARCIA) Wayfinding Guide (LR23-0167): The City is working with a consultant, Alta Planning + Design, Inc., to implement a bicycle wayfinding system for the bike lanes and trails throughout the city. Alta will draft a wayfinding strategy memo that outlines best practices for destination selection, sign placement, and sign programming. The Multi -Use Trails and Bikeways Master Plan that was adopted in 2016 will act as an implementation and style guide to create an interconnected network designed to encourage more residents to use active transportation. Staff is doing a final review of the Design Intent Drawings and Sign Location Map. Once finalized, the package will go to the Trails/Open Space Ad Hoc Subcommittee for input. (GARCIA) Bicycle Friendly Community Application (LR23-0220): The City was awarded a Bronze Level Bicycle Friendly Community Award in 2021. One of the aspirations in the Quality of Life Master Plan (QLMP) is to strive for a Gold Level. Staff is currently working on the application that will be submitted to The League of American Bicyclists. The League's Bicycle Friendly America program provides advocates and change makers with a roadmap and hands-on assistance to build places more welcoming to people who bike. The application was submitted on August 30, 2023 and awards will be announced in January 2024. In the interim, the City is promoting a survey for our community asking for input on how the City plans for cycling of all ages and abilities. (GARCIA) Objective Design Standards Amendment (LR23-0490): The Objective Design Standards were adopted on January 25, 2022, and only included multi -family and mixed -use development standards. Staff has observed the need for additional Objective Design Standards for single family development. A contract with Placeworks, Inc., who helped the City adopt the original Objective Design Standards document, will be assisting us in amending the document to include single-family development. The contract will be going to City Council on January 23, 2024, for approval. (GARCIA) Land Use Economic Opportunity Study (LR23-0078): In preparation for the General Plan Update staff has engaged Keyser Marston Associates (KMA) to complete a new Land Use Economic Opportunity Study. Staff is presently working on the agreement, funded through a LEAP Grant and services will commence once executed. Staff is working to provide KMA with the requested documents to complete the fiscal land use study. (COLLINS) Temecula Creek Wildfire Risk Reduction Community Plan (LR21-1331): Temecula applied for and was awarded a $300,000 grant to develop Temecula's first Community Wildfire Protection Plan (CWPP). The grant has a $78,000 match (staff time), the remainder is to onboard a consultant to draft the plan. RFP has closed and SWCA Environmental was selected as the winning candidate. The contract was approved at the January 1 Oth City Council Meeting and a kickoff is scheduled for February 6th in the conference center. The kickoff meeting was held with 18 in attendance, the Development Team has been assigned and consultant is planning for fieldwork in the coming weeks. Fieldwork was performed on March 28th and associated studies will be provided in due time. Consultant continues fieldwork and fire modeling with maps to be presented early this fall. The first Development Team workshop will take place at the Conference Center on Nov. 16th with invites to follow. (COLLINS) Housing Element Implementation Ordinance (LR22-0664): An agreement between WRCOG and the City to provide consultation services to provide analysis of required municipal code updates as they relate to the new slate of housing laws, such as SB-9, ADU Laws, etc. Additionally, would evaluate changes to the municipal code required after the adoption of the 6th Cycle Housing Element. The cost is included as a benefit to member agencies of WRCOG. WSP is the consultant selected by WRCOG to assist the city review its Municipal Code in relation to the new housing bills passed. Staff has bi-weekly meetings with the consultant to address the changes and will discuss proposed changes at a future date in consultation with the City Attorney's Office. Staff has received the draft analysis and will be reaching out for policy direction. Staff approached the consultant to include recently approved legislation in their analysis, and was unwilling. For this reason, staff with the assistance of the City Attorney's office will draft the Ordinance and the consultant has been released from the agreement through WRCOG. Staff has worked with the City Attorneys Office to complete the Draft Ordinance, and is currently preparing supporting documents and is scheduled for Planning Commission Subcommittee on September 20th, City Council Subcommittee on October loth. Planning Commission hearing on October 18, 2023, and City Council on November 14, 2023. The Planning Commission adopted a resolution (2023-18) recommending the City Council adopt the Ordinance. This item will go before the City Council on November 14, 2023. (COLLINS) Old Town Parking Management White Paper (LR22-0857): The project will allow for the creation of a white paper discussing various technology solutions designed to track and report on parking in Old Town in real time. The project encompasses the entire Old Town Specific Plan area. Staff has retained Fehr & Peers to create the document and recommend technology for monitoring parking in real time. (JONES) Quality of Life Ordinance (LR23-0050): An Ordinance to address some concerns in 4 key areas that Staff has public safety concerns, 1) Massage Businesses attempting to circumvent the exemptions provided for in the Municipal Code and address some operational concerns raise by RSO, 2) Tobacco or "Smoke" Shops increasing number within the City and the process of licensing such establishments, 3) Smoking along public sidewalks with a focus on Old Town and the impacts to the walkable family feel the City and business owners have worked so hard to create, Staff met with the City Council Public Safety Ad Hoc Subcommittee (JA/BK) on 4/25 to discuss the proposed scope of the ordinance and to obtain Councilmembers feedback and direction on the proposed ordinance. The Draft Ordinance will be presented to Planning Commission Municipal Code Maintenance Subcommittee on June 7th and City Council Public Safety Ad Hoc Subcommittee on June 13th with Planning Commission and City Council Hearings to follow. The Planning Commission passed Resolution No. 2023-14 recommending the City Council adopt the proposed ordinance and was adopted (first reading) on August 22nd at the regularly scheduled City Council Meeting. Staff has completed outreach to all existing businesses through physical visits to each establishment as well as certified letters to all property and business owners as well as all known management companies. Due to this outreach, there has been an increase in renewal applications for existing businesses which staff takes as a positive step towards compliance. (COLLINS) Annual Title 17 Cleanup (LR23-0180): An annual effort of Community Development to identify areas of the code that need clarification, correction or an update. This is also performed to implement various components of state law. The item is scheduled for Planning Commission Subcommittee on October 18th and City Council Subcommittee on November loth. Subcommittees were held and staff was directed to move the item along. Councilmembers and Commissioners were pleased with staff s proactive approach to addressing concerns. This item is scheduled for Planning Commission on November 1, 2023. (COLLINS) HOUSING Las Haciendas Affordable Housing Project: The City has approved the construction of a 77-unit affordable multi -family housing community consisting of two residential buildings, a community building and tuck -under parking located at 28715 Las Haciendas. Community HousingWorks (CHW), the developer, has closed their interest list to the public, the lottery has taken place. The property management company ConAm Management has begun to move in tenants into the project. The project is currently working to finalize construction in Uptown Jefferson. (URIAS) Old Town Temecula Town Homes: The City is reviewing a Development Plan application for the construction of 14 multi -family residential units on the vacant .68-acre parcel located at 42146 Sixth Street. (CARDENAS) City of Temecula Vacant Land: The City has hired on Kosmont Companies as a consultant to assist in taking four (4) vacant land parcels through the surplus land exemption process with the state. The four properties are the Diaz Property, Jefferson Ave/Uptown, Main Street/Mercedes, Southern Interchange parcel, and Santiago/Ynez. (URIAS) BUILDING & SAFETY Building and Safety statistics for November and December 2023 are highlighted in the following table. aTmaher December Permits 337 282 New Single Family Units) Accessory Du-elliug Unit(s) (ADL,) 0 1 New Commercial Building Photovoltaic - SolarAPP+ anq=pwmao 2S 20 Photoy-oltaic 48 Tenant Improyement(y) 15 8 Icon Canstructian C of O ir Dumber of Active Plan Checks 176 145 Number of New Plan Check Dumber of Finaled Permits 287 208 Lnspecti 3325 3U73 Ir:, ections Per Dav 1-5 U0 Luspections Per Person 35 36 Stops Per �icnth 11_23 854 visitors to Counter 766 686 Non -Construction Certificate of Occupancy ❑ ProImage Sports (1, 068 sj) ❑ Temecula Valley Korean Presbyterian Church (11,440 sj) ❑ Soho Ramen & Sake (1,494 sj) Tenant Improvement • Kompoocha Brewing (2,116 sj) • Safa Jewelers (2,987sj) CODE ENFORCEMENT During the months of November and December, Code Enforcement responded to 149 web inquiries. In addition, the division opened 162 code cases, conducted 527 regular inspections, and forwarded 43 referrals. Code Enforcement Statistics November D Abandoned or Inoperable Vehicle 1 0 Vacant Home: Prop_ Maintenance ; Infestation MO Business or Home Occupation wb license. CLIP 18 8 Trash and Debris. Dumping Ovemi-own L ezetation . � 'eels . Fine Hazard 10 3 Green Pool." Vector Control Stagnant Water Graffiti 8 1 ItioiselNuisance•-An mal Control Trailer / KV Stored Boat Parking 6 7 Construction w: o Pe=tBuilding Co Encroach Public ROW. Trash Cans 4 4 Zoning: Signs 5 Public Safeth' & Health L Total Number of Cases 119 54 Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, defaults and real estate owned properties. Foreclosure Statistics November Epee ember Residential - Default = 4 Residential - Foreclosure ?o i 1 Residential - REO 9 S Total - Residential 64 63 Commercial - Default 0 0 Commercial - Foreclosure 1 1 Commercial - RED 0 1) Total - Commercial 1 1 ATTACHMENT: Current Planning Activity Report PLANNING ACTIVITY REPORT Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA23-0423 32909 Temecula Pky, , 105 960-030-042 Yannin Marquez 11/01/2023 UG2 TEMECULA PL Massage Approved Temecula, CA 92592 Permits Case Title / Description: Massage Envy MEP: A Massage Establishment Permit (Renewal) for Massage Envy located at 32909 Temecula Parkway, Suite 105. PA23-0424 33330 Nicholas Common 965-191-003 Yannin Marquez 11/01/2023 Steven Hill Seven Hills Collin Empting PL Modifications Approved Temecula, CA 92592 Engineering Case Title / Description: Empting Garage Conversion MOD: A Modification Application (Planning Review Only) for the conversion of one (1) of three (3) car garages to a 259 square foot bedroom for the residence located at 33330 Nicholas Common. PA23-0425 42129 Dlr Dr 921-730-071 Scott Cooper 11/06/2023 Bedros Darkjian HYE PL Modifications Approved Temecula, CA 92591 Case Title / Description: American Tire Depot MOD: A Modification to a previously approved Development Plan (PA14-0175) to revise the parking layout to accommodate an electrical transformer and remove one (1) parking space. The project is located at 42129 DLR Drive. PA23-0427 41115 & 41125 Winchester Rd 910-281-003 Yannin Marquez 11/07/2023 Juan Gonzalez EHG ASSOC PL Modifications Out Temecula, CA 92591 Case Title / Description: Rancho Crossroads Plaza MOD: A Modification Application (Planning Review Only) for a new color scheme for the exterior of the building that includes the roof of the existing commercial buildings located at 41115 and 41125 Winchester Road. PA23-0430 28910 Rancho California Rd, 921-060-024 Yannin Marquez 11/09/2023 Xiaolong He CRAIG NELSON PL Massage Approved 101 Permits Temecula, CA 92590 Case Title / Description: Dream Tree Spa MEP: A Massage Establishment Permit (Renewal) for Dream Tree Spa located at 28910 Rancho California Road, Suite 101. PA23-0431 940-320-004 Scott Cooper 11/09/2023 Colin Koch Brookfield PL Temporary Approved Temecula, CA Properties Use Permit Case Title / Description: Altair Construction Trailer TUP: A Temporary Use Permit to allow for a temporary construction trailer on site throughout the construction of the Altair project. Page 1 of 10 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company PA23-0432 40150 Winchester Rd , 1 920-100-034 Yannin Marquez 11/13/2023 Temecula, CA 92591 Case Title / Description: Happy Buddha Foot Reflexology Spa MEP: A Massage Establishment Permit (Renewal) for Happy Buddha Foot Reflexology Spa located at 40150 Winchester Road, Suite 1. PA23-0433 27725 Jefferson Ave , 106 921-400-031 Yannin Marquez 11/13/2023 Temecula, CA 92590 Case Title / Description: Blue Water Massage MEP: A Massage Establishment Permit (Renewal) for Blue Water Massage located at 27725 Jefferson Avenue, Suite 106. Owner Plan Type Status SCOOBY DOO PL Massage Approved PROP Permits JEFFERSON PL Massage Approved PLAZA CENTER Permits PA23-0435 26469 Ynez Rd 910-300-014 Yannin Marquez 11/13/2023 Chad Williams KIMCO PALM PL Modifications Approved Temecula, CA 92591 PLAZA Case Title / Description: Portals Entertainment Group MOD: A Modification Application (Planning Review Only) for one new exterior door located at the south elevation of the existing building and modifications to the existing trash enclosure to include a new light fixture and metal anti -dumping tube wall between the wall and metal roof for the existing building located at 26469 Ynez Road. PA23-0436 40610 County Center Dr 910-110-047 Jaime Cardenas 11/14/2023 11/20/2023 Tonian Morgan Temecula, CA 92591 Case Title / Description: 40610 County Center Drive ZL: a Zoning Verification letter for the property located at 40610 County Center Drive (APN 910-110-047). PA23-0438 940-310-013 Scott Cooper 11/15/2023 Colin Koch Temecula, CA Case Title / Description: Altair Village A DP: A Development Plan for the construction of 146 detached single family and duplex homes and one (1) park on approximately 11.4 acres located in Village A of the Altair Specific Plan. PA23-0439 940-310-044 Scott Cooper 11/15/2023 Colin Koch Temecula, CA Case Title / Description: Altair Village B DP: A Development Plan for the construction of 109 detached single family and duplex homes and one (1) park on approximately 7.1 acres located in Village B of the Altair Specific Plan. MOORE NORTH PL Zoning or Completed AMERICA INC Planning Letter SB Altair, LLC PL Development Plan Review Plan SB Altair, LLC PL Development Plan Review Plan Page 2 of 10 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA23-0440 940-310-013 Scott Cooper 11/15/2023 Colin Koch SIB Altair, LLC PL Development Plan Review Temecula, CA Plan Case Title / Description: Altair Village C DP: A Development Plan for the construction of 45 buildings containing 212 attached rowhomes on approximately 9.74 acres located in Village C of the Altair Specific Plan. PA23-0441 27574 Commerce Center Dr 921-400-064 Yannin Marquez 11/15/2023 Coastline Equity PL Massage Approved Temecula, CA 92590 Permits Case Title / Description: Ivy Spa MEP: A Massage Establishment Permit (Renewal) for Ivy Spa located at 27574 Commerce Center Drive Suite 138. PA23-0442 42150Agena St, 1 944-273-009 Jaime Cardenas 11/17/2023 Fernando Solis Fernando Solis PL Accessory Approved Temecula, CA 92592 Dwelling Unit Case Title / Description: Solis ADU: an Accessory Dwelling Unit application for a proposed 500 square foot (attached) ADU to the property located at 42150 Agena Street. PA23-0444 40710 Winchester Rd 910-420-029 Jaime Cardenas 11/20/2023 Kim VandenBerg Seritage PL Modifications Approved Temecula, CA 92591 Case Title / Description: Round 1 Facade MOD: a Modification Application for Round 1 US multi -entertainment to change the window glazing into the new space they will be expanding into at 40710 Winchester, Suite 100. PA23-0445 28165 Jefferson Ave , C 921-060-016 Yannin Marquez 11/20/2023 Lie Fu Sun PL Massage Approved Temecula, CA 92590 Permits Case Title / Description: Tang Yun Asia Spa LLC MEP: A Massage Establishment Permit (Renewal) for Tang Yun Asian Spa LLC located at 28165 Jefferson Avenue, Suite C. PA23-0446 910-272-002 Scott Cooper 11/20/2023 Joe Holasek PCMK LLC PL Modifications Approved Temecula, CA Case Title / Description: Apollo Self Storage MOD: A Modification to a previously approved Development Plan (PA22-0999) to revise the layout of the building to include a loading/unloading area and to change the windows from glass to spandrel glass located on the east side of Madison Ave. approximately 110 feet south of McCabe Ct. (APN: 910-272-002) PA23-0447 31741 Temecula Pky, , B 961-080-022 Yannin Marquez 11/20/2023 Xucheng Gao New Plan Excel PL Massage Approved Temecula, CA 92592 Realty Trust Inc. Permits Case Title / Description: Temecula Massage MEP: A Massage Establishment Permit (Renewal) for Temecula Massage located at 31741 Temecula Parkway, Suite B. Page 3 of 10 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA23-0448 26463 Ynez Rd 910-300-014 Yannin Marquez 11/21/2023 Chansler KIMCO PALM PL Temporary Approved Temecula, CA 92591 Skousen PLAZA Use Permit Case Title / Description: Girls Day Out Market TUP: A Temporary Use Permit (Major) for a vendor market that will include local vendors and food at the parking lot of 26463 Ynez Road from 11:00 AM to 3:00 PM on December 2, 2023. PA23-0449 42660 Avenida Alvarado 909-290-069 Scott Cooper 11/22/2023 Mario Calvillo MS -MOUNTAIN PL Minor Approved Temecula, CA 92590 VIEW Exception Case Title / Description: MS Mtn View Bldg 12 ME: A Minor Exception for the reduction of one parking space from the required parking for an industrial building previously approved (PA21-1470) located at 42660 Avenida Avarado. PA23-0450 31093 Temecula Pky, , D6 961-410-048 Yannin Marquez 11/22/2023 Ricky Leigh TEMECULA PL Conditional Plan Review Temecula, CA 92592 CREEK PLAZA Use Permit Case Title / Description: Toast CUP: A Conditional Use Permit to allow for Toast restaurant to obtain an ABC Type 47 (On -Sale General — Eating Place) located at 31093 Temecula Parkway, Suite D6. PA23-0452 26780 Ynez Ct , B 921-750-009 Yannin Marquez 11/27/2023 YanYan Banuelos YanYan PL Massage Approved Temecula, CA 92591 Banuelos Permits Case Title / Description: Massage Poise MEP: a Massage Establishment Permit (MEP) Renewal for Massage Poise located at 26780 Ynez Road, Suite B PA23-0453 27536 Ynez Rd , F19 921-320-052 Yannin Marquez 11/27/2023 Jianxia Bao HENKIN GROUP PL Massage Approved Temecula, CA 92591 Permits Case Title / Description: Massage by Sunny: a Massage Establishment Permit (renewal) for Massage by Sunny located at 27536 Ynez Road, F19. PA23-0454 40820 Winchester Rd 910-420-030 Jaime Cardenas 11/27/2023 Ian Nouget Temecula Towne PL Temporary Approved Temecula, CA 92591 Center Assoc Use Permit Case Title / Description: Funbox TUP: ATemporary Use Permit application for a large outdoor bounce house at the northwest parking lot of JC Penney located at 40820 Winchester Road. The event will take place between January 2, 2024 through April 6, 2024 from 10:30 AM to 7:00 PM. PA23-0455 27326 Jefferson Ave , 13 910-282-004 Yannin Marquez 11/27/2023 Robert Burnside Plaza Temecula PL Massage Approved Temecula, CA 92590 Inc Permits Case Title / Description: Pacific Spa MEP: a Massage Establishment Permit (renewal) for Pacific Spa located at 27326 Jefferson Avenue, Suite13. Page 4 of 10 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA23-0458 32467 Temecula Pky 960-020-058 Yannin Marquez 11/28/2023 ORIGO REAL PL Massage Approved Temecula, CA 92592 ESTATE INV Permits FUND Case Title / Description: MC Thai Massage MEP: A Massage Establishment Permit (Renewal) for MC Thai Massage located at 32467 Temecula Parkway, Suite F101. PA23-0459 33125 Temecula Pky 960-030-016 Yannin Marquez 11/28/2023 Patrick Faranal CANYON PL Modifications Plan Review Temecula, CA 92592 CAHAN VAIL Case Title / Description: Carts Jr. MOD: A Modification Application (Planning Review Only) for the removal of existing awnings and installation of trim band lighting on the existing building located at 33125 Temecula Parkway. PA23-0460 32238 Via Saltio 961-272-003 Yannin Marquez 11/28/2023 Spencer Woollard Jasmine PL Accessory Out Temecula, CA 92592 Mananquil Dwelling Unit Case Title / Description: Mananquil Residence Attached ADU: An Accessory Dwelling Unit for a 465 square foot attached accessory dwelling unit at the rear of an existing residence located at 32238 Via Saltio. PA23-0461 27562 Via Industria 909-290-048 Scott Cooper 11/28/2023 Rick Dalton MS -MOUNTAIN PI -Temporary Plan Review Temecula, CA 92590 VIEW Use Permit Case Title / Description: MS Mtn View Construction Trailer TUP: A Temporary Use Permit to allow for a temporary construction trailer on site until December 14, 2024 located on the southeast side of Via Industria and Rio Nedo. PA23-0462 42101 Moraga Rd 921-310-025 Yannin Marquez 11/28/2023 Fr. Abraam Ayoub Saint Thomas PL Modifications Out Temecula, CA 92591 The Hermit Coptic Orthodox Church Case Title / Description: St. Thomas Coptic Orthodox Church MOD: A Modification Application (Planning Review Only) for the installation of a wrought iron fence with pilasters along the east side of the existing building located at 42101 Moraga Road. PA23-0463 41915 Business Park Dr 921-020-043 Yannin Marquez 11/28/2023 Roy Davies RoyDaviesArchi PL Modifications Out Temecula, CA 92590 tect Case Title / Description: Skorpios Technologies MOD: A Modification Application (Planning Review Only) for ADA improvements on the existing parking lot of the building located at 41915 Business Park Drive. PA23-0464 27403 Ynez Rd 921-260-019 Yannin Marquez 11/29/2023 Sabrina Timms MCS TOWER PL Massage Approved Temecula, CA 92591 PLAZA Permits Case Title / Description: Balance of Wellness MEP: A Massage Establishment Permit (Renewal) for Balance of Wellness located at 27403 Ynez Road, Suite 216. Page 5 of 10 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA23-0465 27403 Ynez Rd , 101 921-260-019 Yannin Marquez 11/29/2023 Lamei Teng MCS TOWER PL Massage Approved Temecula, CA 92591 PLAZA Permits Case Title / Description: Sunshine Health MEP: A Massage Establishment Permit (Renewal) for Sunshine Health located at 27403 Ynez Road, Suite 101. PA23-0466 41100 Temecula Center Dr 916-400-075 Scott Cooper 11/29/2023 Domenic Solana PL Modifications Approved Temecula, CA 92591 Ramundo Winchester LLC Case Title / Description: Solana Winchester Carports MOD: A Modification (Planning Review Only) to a previously approved Development Plan (PA20-1371) to revise locations of the solar and non -solar carports and an ADA path of travel revision located at 41100 Temecula Center Drive. PA23-0467 28645 Old Town Front St 922-036-011 Scott Cooper 11/29/2023 Jason Kho ZIP THIRD INV PL Conditional Out Temecula, CA 92590 Use Permit Case Title / Description: Gaucho Grill CUP: A Conditional Use Permit to allow for Gaucho Brill to obtain a California Alcoholic Beverage Control (ABC) Type 47 On Sale General license for a Bona Fide Public Eating Place located at 28645 Old Town Front Street. PA23-0468 27403 Ynez Rd , 103 921-260-019 Yannin Marquez 11/29/2023 Sylvia MCS TOWER PL Massage Approved Temecula, CA 92591 Salazar-Renfroe PLAZA Permits Case Title / Description: Temecula Massage by Sylvia MEP: A Massage Establishment Permit (Renewal and Change of Location) for Temecula Massage by Sylvia located at 27403 Ynez Road, Suite 103. PA23-0469 27250 Madison Ave , B 910-272-004 Yannin Marquez 11/30/2023 Joanie Godsey Arcvision BV Prop PL Modifications Out Temecula, CA 92590 Case Title / Description: Boot Barn MOD: A Modification Application (Planning Review Only) for the exterior modifications to the storefront system of the existing building located at 27250 Madison Avenue, Suites A and B. PA23-0470 32483 Temecula Pky, , E-118 960-020-057 Yannin Marquez 11/30/2023 Xindan Guo Selwyn Ginsburg PL Massage Approved Temecula, CA 92592 Permits Case Title / Description: Amazing Massage MEP: A Massage Establishment Permit (Renewal) for Amazing Massage located at 32483 Temecula Parkway, Suite E-118. PA23-0471 44900 Marge PI 960-241-011 Yannin Marquez 11/30/2023 Moises Villegas John Cultrera PL Modifications Out Temecula, CA 92592 Case Title / Description: Cultrera Residence Addition MOD: A Modification Application for a 233 square foot addition to the front and rear of the existing residence located at 44900 Marge Place. PA23-0473 41669 Winchester Rd 909-282-014 Yannin Marquez 11/30/2023 New Plan Excel PL Massage Plan Review Temecula, CA 92590 Realty Trust Inc. Permits Case Title / Description: Relax Zone Massage: a Massage Establishment Permit (renewal) for Relax Zone Massage located at 41669 Winchester Road, Suite 102. Page 6 of 10 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA23-0474 27393 Ynez Rd , 252 921-260-018 Yannin Marquez 11/30/2023 Carol Campbell MCS TOWER PL Massage Approved Temecula, CA 92591 PLAZA Permits Case Title / Description: Fusion Therapeutic Massage MEP: A Massage Establishment Permit (Renewal) for Fusion Therapeutic Massage located at 27393 Ynez Road, Suite 252. PA23-0475 31141 Temecula Pky, , H2 961-410-049 Yannin Marquez 12/01/2023 Courtney Brooks TEMECULA PL Massage Plan Review Temecula, CA 92592 CREEK PLAZA Permits Case Title / Description: Simply Kneaded Performance Therapy MEP: a Massage Establishment Permit (renewal) for Simply Kneaded Performance Therapy located at 31141 Temecula Parkway, H2. PA23-0477 43519 Ventana St 944-330-046 Scott Cooper 12/04/2023 Casey Harris Temecula, CA 92592 Case Title / Description: Arrive Mailbox MOD: A Modification to a previously approved Development Plan (PA19-1448) for the relocation of the mailbox complex for the affordable housing units. The project is located adjacent to the Temecula Duck Pond approximately 775 feet southeast of Rancho California Road on the north side of Ynez Road. PA23-0478 40620 Winchester Rd , B 910-320-026 Yannin Marquez 12/04/2023 Carrie Wright Temecula, CA 92591 Case Title / Description: Roadrunner Sports MOD: A Modification Application (Planning Review Only) for the ADA accessible path of travel from the public way to the existing building located at 40620 Winchester Road. Suite B. Ynez Road PL Modifications Approved Housing Partners LP Trailhorse c/o PL Modifications Out Sudberry Properties PA23-0479 41958 5Th St 922-033-005 Scott Cooper 12/05/2023 Jill Nelson Donald Egizi PL Temporary Approved Temecula, CA 92590 Use Permit Case Title / Description: Blackbird NYE TUP: ATemporary Use Permit for Blackbird to have a DJ from 9:00 p.m to 12:30 a.m. on December 31, 2023 located at 41958 5th St. PA23-0480 42232 Rio Nedo 909-254-007 Yannin Marquez 12/05/2023 Evita Figueroa Temecula, CA 92590 Case Title / Description: Figs Volleyball Club TUP: A Temporary Use Permit for youth volleyball practice facility to operate under a temporary use permit Monday through Thursday from 5:00 PM to 9:30 PM and Saturday from 9:00 AM to 12:00 PM at the existing facility located at 42232 Rio Nedo. Dawson Fan PL Temporary Out Use Permit PA23-0481 42232 Rio Nedo 909-254-007 Yannin Marquez 12/05/2023 Evita Figueroa Dawson Fan PL Conditional Plan Review Temecula, CA 92590 Use Permit Case Title / Description: Figs Volleyball Club CUP: A Conditional Use Permit Application for Figs Volleyball Club to provide practices, clinics and training from Monday through Friday from 5:00 PM to 9:30 PM and Saturday from 8:00 AM to 2:00 PM at the existing building located at 42232 Rio Nedo. Page 7 of 10 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA23-0482 27715 Jefferson Ave , 201 921-400-024 Yannin Marquez 12/05/2023 Hilda Reyes JEFFERSON PL Massage Plan Review Temecula, CA 92590 PLAZA CENTER Permits Case Title / Description: Ethereal Day Spa 1 MEP: A Massage Establishment Permit (Renewal) for Ethereal Day Spa 1 located at 27715 Jefferson Avenue, Unit 201. PA23-0483 29375 Rancho California Rd 944-330-015 Yannin Marquez 12/06/2023 Chansler SRA Ventures PL Temporary Approved Temecula, CA 92592 Skousen Use Permit Case Title / Description: Girls Day Out Market TUP: A Temporary Use Permit (Major) for a vendor market from 11:00 AM to 3:00 PM on December 17, 2023, on the existing parking lot of 29375 Rancho California Road. PA23-0485 40820 Winchester Rd, 2296 910-420-030 Yannin Marquez 12/08/2023 Hong Luo Temecula Towne PL Massage Approved Temecula, CA 92591 Center Assoc Permits Case Title / Description: Pure Spa Plus MEP: A Massage Establishment Permit (Chair Massage Only) for Pure Spa Plus located at 40820 Winchester Road, Suite 2296. PA23-0486 40820 Winchester Rd , K07 910-420-030 Yannin Marquez 12/08/2023 Hong Luo Temecula Towne PL Massage Approved Temecula, CA 92591 Center Assoc Permits Case Title / Description: Pure Spa Plus MEP: A Massage Establishment Permit (Chair Massage Only) for Pure Spa Plus located at 40820 Winchester Road, Suite K07. PA23-0489 28545 Old Town Front St 922-035-034 Yannin Marquez 12/11/2023 Courtney Ziani MICHAEL BECK PL Sign Program Plan Review Temecula, CA 92590 Case Title / Description: Penfold Building SP: A Sign Program Amendment Application for the existing Penfold Building Sign Program (#41) for the existing building located at 28545 Old Town Front Street. PA23-0492 922-034-037 Eric Jones 12/15/2023 Richard Leigh Front & Main PL Development Plan Review Temecula, CA Plan Case Title / Description: Front & Main 2 DP: A Development Plan application for an approximately 13,600 square foot structure totaling three -stories. The project is generally located approximately 130 feet east of the Old Town Front Street and Main Street intersection at APN: 922-034-037. PA23-0493 32937 Temecula Pky 960-030-043 Scott Cooper 12/19/2023 Gregory Cary UG2 TEMECULA PL Modifications Out Temecula, CA 92592 Case Title / Description: Smart & Final Trash Enclosure MOD: A Modification for the addition of anew three bin system trash enclosure and landscaping located at 32937 Temecula Parkway. Page 8 of 10 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA23-0495 42672 Avenida Alvarado 909-290-050 Scott Cooper 12/20/2023 Mario Calvillo MS -MOUNTAIN PL Modifications Approved Temecula, CA 92590 VIEW Case Title / Description: MS Mtn View Bldg 13 MOD: A Modification (Planning Review Only) to a previously approved Development Plan (PA21-0471) to add a sidewalk adjacent to the west side of the building located at 42672 Avenida Alvarado. PA23-0496 28120 Jefferson Ave , B201 921-060-032 Yannin Marquez 12/20/2023 Ying Yang JEAN PL Massage Approved Temecula, CA 92590 DOMENIGONI Permits Case Title / Description: Spa Rejuv MEP: A Massage Establishment Permit (Renewal) for Spa Rejuv located at 28120 Jefferson Avenue, Unit B201. PA23-0497 945-090-001 Scott Cooper 12/21/2023 Alan Short Beam PL Maps Plan Review Temecula, CA Management Case Title / Description: Parker Ridge TTM 38813: A Tentative Tract Map to subdivide two existing parcels into nine (9) parcels on 11.4 acres located on the south side of Pauba Road approximately 600 feet of Showalter Road. PA23-0498 27445 Jefferson Ave 909-240-005 Yannin Marquez 12/21/2023 Gabriela Marks Hilbert Group PL Modifications Plan Review Temecula, CA 92590 Case Title / Description: Del Taco Addition MOD: A Minor Modification Application for the 318 square foot addition on the east side of the building and a canopy on the west side of the building located at 27445 Jefferson Avenue. PA23-0499 28645 Old Town Front St 922-036-011 Scott Cooper 12/26/2023 Adrian Amosa ZIP THIRD INV PL Modifications Plan Review Temecula, CA 92590 Case Title / Description: Gaucho Grill MOD: A Modification to an existing building to revise the colors of the building, addition of a covered entryway and dining area, new exterior lighting, and folding glass window panels located at 28645 Old Town Front Street. PA23-0500 28645 Old Town Front St 922-036-011 Scott Cooper 12/26/2023 Temecula, CA 92590 Case Title / Description: Gaucho Grill Certificate of Historical Appropriateness: A Certificate of Historical Appropriateness to modify an existing historic building (First National Bank) to revise the colors of the building, addition of covered entryway and dining area, new exterior lighting, and folding glass window panels located at 28645 Old Town Front Street. PA23-0504 42129 Dlr Dr 921-730-071 Scott Cooper 12/27/2023 Temecula, CA 92591 Case Title / Description: American Tire Depot MOD: A Modification to a previously approved Development Plan (PA14-0175) to revise the colors of the aluminum window frames and the vents located at 42129 DLR Drive. Adrian Amosa ZIP THIRD INV PI -Historical Plan Review Appropriateness Bedros Darkjian HYE PL Modifications Approved Page 9 of 10 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant PREAPP23-0 29825 Santiago Rd 922-130-016 Yannin Marquez 11/15/2023 Susano Ureno 437 Temecula, CA 92592 Case Title / Description: Reliance Church MOD: A Major Modification Application for a 4,500 square foot addition and one modular Sunday school classroom for an existing building located at 29825 Santiago Road. Company Owner Plan Type Status Reliance Church PL Out Pre -Application PREAPP23-0 31565 Rancho Vista Rd 955-020-018 Scott Cooper 11/22/2023 Patrick Dimaano Ryan PL Plan Review 451 Temecula, CA 92592 Companies US, Pre -Application Inc. Case Title / Description: Temecula Active Adult Pre-App: A Pre -Application for a 195 unit market -rate active adult senior housing rental community located on the Linfield Christian School property. PREAPP23-0 39830 Cantrell Rd 957-130-022 Eric Jones 12/07/2023 12/20/2023 Yonasan Abrams NETZACH 484 Temecula, CA 92591 Case Title / Description: Temecula Jewish Campus Pre-App: A Pre -Application to review proposed Jewish campus comprised of Synagogue, pre-school, wedding center, kosher food restaurant -bakery, Agricultural workshop center, and a religious gift shop. The project is located at 39830 Cantrell Road. PL Completed Pre -Application Page 10 of 10 Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: John Crater, Division Chief DATE: January 23, 2024 SUBJECT: Fire Department Monthly Report PREPARED BY: Tyren Hundley, Senior Community Development Tech RECOMMENDATION: That the City Council receive and file the Fire Department Monthly Report for November and December. a o 5 Stations CITY OF TEMECULA FIRE DEPARTMENT Operations Prevention I Training I Emergency Management MONTHLY REPORT NOVEMBER 2023 w , . �%� Ira. - --- --- --- --- "'�fi�ff{f } �ii+��ii• ��� i�Xltitl . 7 Engines I USAR 1 2 Truck I I Squad - ' Tation �IffiflIT811111311111 II�1liwid TYPE COMMERCIAL FIRE row - MULTI -FAMILY FIRE, FIRE _ WILDLAND FIRE-�__{��,- "- VEHICLE FIRE OTHER FIRE RESCUE RINGING ALARM = FALSE ALARM HAZMAT TOTAL: •' I .. - +r + • tti,� . NftAIEMRrp 2023• False Alarm TYPE: .";`�•��-� J.-.�- # TRAFFIC COLLISION 82 ires� MEDICAL EMERGENCY 132 TC OTHER MISCELLANEOUS 9 PUBLIC ASSIST 37 STANDBY _: Medic'alEmergenci J. 749 . AI a !2 1113 a4 ' "may _ `yam• -r• Year to Date Calls 9,356 a o 5 Stations TYPE COMMERCIAL FIRE row - MULTI -FAMILY FIRE, RESIDENTIAL. FIRE WILDLAND FIRE�{` "- VEHICLE FIRE OTHER FIRE q RESCUE RINGING ALARM FALSE ALARM HAZMAT CITY OF TEMECULA FIRE DEPARTMENT Operations Prevention I Training I Emergency Management MONTHLY REPORT DECEMBER 2023 X ' Willi, 7 Engines I USAR 1 2 Truck I Squad ?owl �opu ation - 1121 DECEMBER CALL BREAKDOWN nPP.FMRFR 7n i 2 0 2 False Alarm —ISO 05 ' NE: 4 2023 Calls Im 11111111111111M i Me WSW TRAFFIC COLLISION lul — MEDICAL EMERGENCY GG7 TC OTHER MISCELLANEOUS 8 PUBLIC ASSIST 40 STANDBY TAND TW 14 Medical Emerg—`4 enci 922-s "`.i 10,285. Year to Date Calls io,22i TOTAL: 92 CITY OF TEMECULA FIRE DEPARTMENT Operations Prevention Training Emergency Management a p � � g� g Y g MONTHLY REPORT NOVEMBER 2D23 `t.. _. ,.., ,... NOVEMBER INSPECTION BREAKDOWN -Ml PLAN � SPECIAL EVENT ANNUALS STATE MANDATED ,= CHECKS/REVIEWS PERMITS - INSPECTIONS Pwr. 5139 Not*:� YTD: 6,316 TS;. YTD: 23 A YTD: G,31D -�- �- PUBLIC INSPECTIONS INGUIRIES _ { . ' • l` x `' -� 467 -- - 21 * YTD:5,GD2 YTD: 333 CITY OF TEMECULA FIRE DEPARTMENT Operations Prevention I Training I Emergency Management PLAN CHECKS/REVIEWS -=Pfgo-, 420 :YTD: 6,736r. AL MONTHLY REPORT DECEMBER2D23, fiq/{,+DECEMBER INSPECTION BREAKDOWN ANNUALS STATE SPECIAL EVENT • MANDATED PERMITS INSPECTIONS YTD: 24 n INSPECTIONS . - ,. 549 YTD: 6,151 YTD:6,476 4 PUBLIC INQUIRIES -�-� 34 YTD: 367 CITY OF TEMECULA FIRE DEPARTMENT Operations I Prevention I Training I Emergency Management -- MONTHLY REPORT PROGRAM HIGHLIGHTS:1104 '"I W111. • Hosted a Debris Management 101 Tra ping with DRC Emergency Services • Conducted an EOC Functional Exercise (Blue Team) • Hosted the PER-344 Social Media GRANTS O CLAIMS: . . NW MBER 2023 0"T PLANNED COMMUNITY EVE1 ,,,SUPPORTED: 0 PREPAREDNESS TRAINING / EVEN I Tools 9Techni Techniques Course _�-.� --- - r ra 4 q _ r � Community Presentations: 0 i. - ,,, Community Preparedness Backpacks I EMPG 2023: Application submitted to RivCo EMD, _-_ YTD:2D Total: 2024 CALFire Wildfire Preventioj __Application irrDevelopment -� • Will be for the developm ~ ide Mass Evacuation Plan and Traffic Study EMERGENCY OPERATIONS CENTER , _=�== - f EMPG 2022: Equipment is pending arrival �- �--� _ ��� Activations: 0 .• Winter Storms 2023 DR-4683: PackageaLfalOES for decision - _^=_ COVID Emergency Reimbursement Package: Pending funds disbursement . 9 V 9 9 • Fairview Fire Management Assistance Grant (FMAG) Package: Under Review byFEMA Current Status: Norrmal�Rpara PROGRAM HIGHLIGHTS: CITY OF TEMECULA FIRE DEPARTMENT Operations Prevention I Training I Emergency Management(7efw,a 0"T MONTHLY REPORTMBER 2023 - - R MR. PLANNED COMMUNITY EVEWISUPPORTED: 2 • Held 3,dAnnual Citizen Corps olunteer Awards Banquet; i CITY RESPONSE (2023):11 ��"= • Recognized 20-year Anniversary of the TCC ,.. �. PREPAREDNESS TRAINING / EVEN" GRANTS O CLAIMS: Community Presentations: 0 .�T��. • EMPG 2022: Reimbursement Package Complete • EMPG 2023: Application submitted to RivCo EMD • SHSP 2023: Application submitted to RivCo EMD • EMPG 2024: Application submitted t _ , :, , , ; ,• „. • SHSP 2024: Application submitted to RivCo EMD''=f' 2024 CALFire Wildfire Prevention Grant: Application submitted to CALFire Winter Storms 2023 DR-4E83: Package at CalUES for decision- • COVID Emergency Reimbursement Package: Pending funds disbursement - • Fairview Fire Management Assistance Grant (FMAG) Package: Under Review by FEMA Community Preparedness Backpacks !J YTD:2D Total: EMERGENCY OPERATIONS CENTER Activations: 0 Current Status Narmav 0 e•ra Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Chris Durham, Captain DATE: January 23, 2024 SUBJECT: Temecula Sheriff's Monthly Report (December 2023) PREPARED BY: RECOMMENDATION: Chris Mattson, Sergeant Receive and file. The following report reflects the Temecula Sheriff's Station activity for December 2023. PATROL SERVICES Overall calls for police service.................................................................................................5,832 "Priority One" calls for service......................................................................................................75 Average response time for "Priority One" calls.........................................................................6.26 VOLUNTEERS Chaplain....................................................................................................................................99.25 Community Action Patrol (CAP) hours..................................................................................515.50 Reserve officer hours (patrol)........................................................................................................10 Explorer...................................................................................................................................141.50 Station/Administration .....................................................................................................................5 Total Volunteer hours.............................................................................................................771.25 OLD TOWN STOREFRONT Total customers served.....................................................................................724 Fingerprints/Live Scan.....................................................................................171 Policereports filed..............................................................................................2 Citationssigned off..........................................................................................21 Totalreceipts...........................................................................................................................$5,627 CRIME PREVENTION Crime prevention/Neighborhood watch meetings...........................................................................0 Safety presentations/Training................................................................................ l Specialevents...................................................................................................................................6 Residential/Business security surveys conducted............................................................................0 Residences/Businesses visited for past crime follow-up.................................................................0 StationTours....................................................................................................................................0 Planning Review Projects.......................................................................................6 Temp Outdoor Use Permits....................................................................................9 SPECIAL TEAMS (CORE) ReportsWritten...............................................................................................16 Onsight felony arrests.....................................................................................................................2 On sight misdemeanor arrests................................................................................. I Felony arrest warrants served.................................................................................0 Misdemeanor arrest warrants served.............................................................................................16 AreaChecks.....................................................................................................38 CampChecks................................................................................................................................14 PedestrianChecks...................................................................................................321 Traffic Stops/Vehicle Checks..................................................................................................... 4/1 Outreach attempts / Success...................................................................................................... 27/3 SPECIAL TEAMS (Metro District Team) On sight, felony arrests.......................................................................................5 Onsight, misdemeanor arrests.......................................................................................................21 Felony arrest warrants served..........................................................................................................4 Misdemeanor arrest warrants served.............................................................................................75 Bar/Business checks......................................................................................................................70 D.U.I. Arrests..................................................................................................................................9 Traffic/Parking citations.............................................................................................................243 FirearmsSeized................................................................................................ I SPECIAL TEAMS (Special Enforcement Team) Onsight felony arrests......................................................................................................................4 On sight misdemeanor arrests...........................................................................................................2 Felony arrest warrants served...........................................................................................................0 Misdemeanor arrest warrants served................................................................................................3 Follow-up investigations/search warrants.....................................................................3 Parole/Probation Searches...............................................................................................................0 PedestrianChecks...................................................................................................2 Traffic Stops/Vehicle Checks.....................................................................................................28/0 Marijuana Dispensary Checks.........................................................................................................0 ROBBERY/BURGLARY SUPPRESSION TEAM BeginningCaseload.......................................................................................................................85 TotalCases Assigned....................................................................................................................18 TotalCases Closed........................................................................................................................12 Search Warrants prepared/served.................................................................................................21 Arrests..............................................................................................................................................7 Outof Custody Filings............................................................................................7 TRAFFIC Citations issued for hazardous violations....................................................................................736 Non -hazardous citations...............................................................................................................149 Parkingcitations...........................................................................................................................244 Stop Light Abuse/Intersection Program (S.L.A.P.) citations.........................................................68 Seatbelts.........................................................................................................................................13 CellPhone Cites...........................................................................................................................164 Injurycollisions.............................................................................................................................39 D.U.I. Arrests.................................................................................................................................38 Grant -funded D.U.I. Traffic safety checkpoints/saturation enforcement ........................................ I Grant -funded traffic click it or ticket/traffic enforcement..............................................................2 INVESTIGATIONS BeginningCaseload.....................................................................................................................132 TotalCases Assigned....................................................................................................................13 TotalCases Closed........................................................................................................................17 Search Warrants prepared/served .................................................................................................16 Arrests..............................................................................................................................................2 Outof Custody Filings............................................................................................4 Sex Offenders Processed....................................................................................25 PROMENADE MALL TEAM Callsfor service...........................................................................................................................130 Felonyarrest/filings.........................................................................................................................2 Misdemeanor arrest/filings............................................................................................................12 TrafficCitations..............................................................................................10 Total customers served................................................................................................................900 Fingerprints/Live Scans...............................................................................................................222 Totalreceipts............................................................................................ $6,468 SCHOOL RESOURCE DEPUTIES Felonyarrest.....................................................................................................................................0 Misdemeanor arrests........................................................................................................................ I Reports.............................................................................................................................................5 Citations.........................................................................................................................................13 Meetings/Presentations..................................................................................................................43 Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 23, 2024 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the Public Works Department Monthly Report for Capital Improvement Projects, Maintenance Projects, and Land Development Projects. This report may also be viewed on the City's website at: hlt2://temeculaca.gov/270/Cqpital-improvement-Projects-CIP City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT January 23, 2024 CAPITAL IMPROVEMENT PROJECTS CIRCULATION PROJECTS Cherry Street Extension & Murrieta Creek Crossing, PW19-15 Description: Preliminary design of the Extension of Cherry Street from Adams Avenue to Diaz Road, including a new crossing of Murrieta Creek. Cost: $37,831,090 Status: The City has received a general plan for a two -span bridge and a general plan for a bridge with a 500-foot long viaduct. Environmental agencies have stated that a low -flow crossing is a non -starter. The two -span bridge will exacerbate flooding. Consultant is finalizing 30% preliminary design drawings of 2-span bridge. Completion of this preliminary phase is anticipated in January 2024. Diaz Road Expansion, PW17-25 Description Improve Diaz Road to meet the roadway classification of Major Arterial (4 Lanes Divided), between Cherry Street and Rancho California Road. The 2.2-mile stretch will be widened, extended, and/or improved to create a contiguous Major Arterial segment. The project will be developed and constructed in two phases. Phase 1 will include improvements on Diaz Road from Winchester Road to Rancho California Road. Phase 2 will include improvements on Diaz Road from Cherry Street to Winchester Road. Cost: $14,255,991 Status: The environmental Initial Study has been approved, Mitigated Negative Declaration adopted, and Notice of Determination filed in May 2022. Design is 90% complete. Regulatory permit applications have been submitted for USACE 404 Nationwide Permit and CDFW Streambed Alteration 1602. Current activities include consultant review of 90% plan check comments, design coordination with utility purveyors (SCE, RCWD, and EMWD) and City project PW16-05 Murrieta Creek Bridge at Overland Drive, Riverside County Flood Control review of 90% design plans and Encroachment Permit application, and preparation of regulatory permit applications for SWRCB 401 Water Quality Certification and USACE Section 408. Construction previously anticipated to start in Spring of 2023 is now delayed to Fall of 2024 due to EMWD sewer line project on Diaz Rd starting construction in Q1 of 2024. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT January 23, 2024 CIRCULATION PROJECTS (Continued) French Valley Parkway/Interstate 15 Improvements- Phase 11, PW16-01 Description: Design and construction of the two-lane northbound collector/distributer road system beginning north of the Winchester Road interchange on -ramps and ending just north of the Interstate 15/Interstate 215 junction with connection to Interstate 15 and Interstate 215. Cost: $138,736,346 Status: Project is under construction May 2023 — May 2025. For detailed information, please visit the project website at TemeculaCA.gov/FVP2. 1-15 Congestion Relief, PW19-02 Description Design and construction of a single auxiliary lane, northbound Interstate 15 connecting the Temecula Parkway on -ramp to the Rancho California Road off -ramp. Cost: $8,971,710 Status: Construction contract was awarded on December 12, 2023. Construction duration will be approximately 7 months with a target start of February 2024. Murrieta Creek Bridge at Overland Drive, PW16-05 Description: Design and construction of a new bridge crossing over Murrieta Creek between Rancho California Road and Winchester Road. Cost: $26,073,374 Status: The City applied and was approved to receive Federal Highway Bridge Program (HBP) funds. City Council approved the design agreement with CNS Engineers Inc. at the March 12, 2019, meeting. Preliminary Environmental Study (PES) approved by Caltrans on August 15, 2019. Plans are 65% complete. RCA JPR Conformance is approved. Biological monitoring in Temecula Creek for potential mitigation site is complete as of July 2021. Project has received MSHCP conformance. Staff continues to work with Caltrans to advance HBP Grant Funds to earlier fiscal years. Caltrans HBP Program management had proposed reducing the curb -to -curb width of the bridge that is considered "participating" for grant funding purposes. Staff has been able to address this issue with Caltrans and the majority of the bridge width will remain as a participating cost. 2023 HBP Bridge Update was submitted in August. Caltrans NEPA review was much longer than anticipated but approval was received in October of 2023. CEQA ISMND is complete and the 30-day public review period will be from January 11, 2024 through February 12, 2024. Anticipate CEQA approval at the February 27, 2024 City Council meeting. Construction start is anticipated late 2025 depending on availability of HBP funds. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT January 23, 2024 CIRCULATION PROJECTS (Continued) Overland Drive Widening, PW 20-11 Description This project includes widening Overland Drive from Jefferson Avenue to Commerce Center Drive, to two lanes in each direction, and the completion of missing segments of sidewalk, streetlights, and installation of the traffic signal at Commerce Center Drive and the modification of the traffic signal at Jefferson Avenue. Cost: $2,894,420 Status: 90% plan check submittal package was submitted in July 2023 and it has been reviewed by staff. Environmental documents submittal pending. Rainbow Canyon Road Pavement Rehabilitation, PW22-15 Description Design and construction of pavement rehab for Rainbow Canyon Rd from Pechanga Parkway to southern City Limits. Cost: $2,900,000 Status: The design consultant, SB&O, submitted 60% plans on 11/10/23. Plans are under review. Staff will provide comments for the consultant. Construction anticipated to begin in summer 2024. Rancho California Road Median Improvements, PW23-04 Description: Design and construction of missing raised concrete medians with landscaping between Humber Drive and Butterfield Stage Road. In addition, there will also be construction of missing improvements on the north side of Rancho California Road, between Riesling Court and Promenade chardonnay Hills. The improvements will include median curbs, curb and gutter, sidewalks, and landscape and irrigation. Cost: $3,855,000 Status: RFP for design is being drafted. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT January 23, 2024 INFRASTRUCTURE PROJECTS Bike and Trail Program — Great Oak Trail Lighting, PW21-16 Description: Project includes the installation of solar lights along the Great Oak Trail adjacent to the northeast side of Pechanga Parkway from Deer Hollow Way to Loma Linda Road. Cost: $828,600 Status: Project is currently in design. Citywide Drainage Master Plan, PW19-16 Description: Project will prepare a report that shows all drainage courses within the City. Also includes a master hydrology study showing the anticipated storm flows at build -out. Cost: $600,000 Status: GIS database has been 90% updated and is being used by staff. Draft report is currently being reviewed by City staff. The next step is to have the consultant propose CIP projects to address any drainage deficiencies. Citywide Slurry Seal FY2022-23, PW23-16 Description: The Citywide Slurry Seal Program - Fiscal Year 2022-23 is an annual project that will utilize slurry to seal the project roadways against water intrusion and deterioration of the asphalt concrete pavement wearing surface. This year's project location is in Rancho Vista, Los Ranchitos, and Rancho Vista East areas. Cost: $2,460,421.82 Status: Project was publicly bid from 8/31-9/19. Construction contract was awarded at the 10/10/2023 City Council Meeting. The Notice to Proceed was signed on 10/11 and construction began. The slurry seal placement started on November 27, 2023. The project is expected to be complete early 2024. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT January 23, 2024 INFRASTRUCTURE PROJECTS (Continued) Citywide Concrete Repairs FY2022-23, PW23-17 Description: The Citywide Concrete Repairs is an annual maintenance project to repair various concrete facilities within the City's public right-of-way. The Department of Public Works, Maintenance Division surveys the City and compiles a list of the improvements that are in need of repair. This year's project will remove and replace curb & gutter, sidewalk, access ramps, driveways, cross gutters, and under sidewalk drains at more than one hundred and six (106) locations. In addition, an added alternate concrete repair area for this project is located at the Community Recreation Center (CRC) parking area. Cost: $350,068.70 Status: Project was publicly bid from 8/31/20-9/19/23. Construction contract was awarded at the 10/10/2023 City Council Meeting. The notice to proceed was issued on November 13, 2023. The project is expected to be complete in early 2024. Community Recreation Center (CRC) Renovations, PW19-07 Description: The project facilitates the rehabilitation, improvement, and reconfiguration of the Community Recreation Center. This project includes expansion and reconfiguration of teen center; conversion of office space to accommodate a dedicated police substation; renovation of key components of the building including safety features, flooring, roof, and restroom facility access; ADA compliance; renovation and expansion of existing office space and rec rooms including AV upgrades; expanded storage space and upgraded kitchen equipment. Cost: $10,708,232 Status: The facility was opened to the public mid -June, 2023. Design for Phase 2 started in February 2023 and is currently on hold pending finalizing the scope of work. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT January 23, 2024 INFRASTRUCTURE PROJECTS (Continued) Fiber Optic Communications Systems - Citywide (System Master Plan), PW 22-03 Description: This project will develop a communications masterplan that will provide a strategic plan outlining the approach and buildout design of fiber optic cable and conduit throughout the City. The masterplan document will provide a roadmap to connect all existing and future traffic signals, traffic monitoring devices, surveillance cameras, and City facilities to City -owned fiber communication lines. The ultimate project goal is to enhance the City's existing fiber optic communication system to ensure it can handle the future needs of the City. Cost: $120,150 Status: The project has just commenced, and the consultant is working on an existing systems assessment. Documents are being developed. Anticipate completion by the end of 2023. Fire Station 73 Gym/Garage, PW19-13 Description: Project consists of adding a second garage in the rear of the property to park the squad and Urban Search and Rescue (USR) vehicle, along with a gym and storage rooms. The construction is anticipated to be completed in the Fiscal Year 2024-25. Cost: $3,477,515 Status: Architect has prepared a schematic design and exterior rendering, which was reviewed by the Fire Department. The consultant has started developing construction plans. Fire Station 84 Renovation, PW19-14 Description: This project includes the design, construction, and renovation to Fire Station 84. The renovations include, adding a Wellness Room, expanding the Storage Room, and upgrading the Training Room. Also, the upgrades include, electrical, windows, flooring, paint, tile, HVAC, cabinets, plumbing fixtures, garage bay doors and any necessary improvements needed to conform to ADA accessibility access. Cost: $1,641,028 Status: Preparing a phasing plan that will allow the Fire personnel to maintain their occupancy of the building during construction. After that, plans and specifications will be revised by end of 2023, anticipate to re -advertise the project in early 2024. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT January 23, 2024 INFRASTRUCTURE PROJECTS (Continued) Interstate 15 / State Route 79 South Interchange Enhanced Landscaping, PW17-19 Description: Landscape beautification of the Interstate 15 corridor between French Valley Parkway and Temecula Parkway, including each interchange, in association with Visit Temecula Valley and the Pechanga Tribe. This project includes the design and construction of enhanced landscaping, hardscape, and irrigation between the freeway and ramps on the west side of the Interstate 15 / State Route 79S (Temecula Parkway) interchange. Cost: $3,558,483 Status: Design and environmental studies August 2019 — July 2023. Caltrans is currently reviewing 100% plans. At the 01/09/2024, the City Council approved the plans and specifications and authorized staff to advertise the project for construction bids. Estimated construction start in April 2024. Margarita Recreation Center, PW17-21 Description: Demolition and Reconstruction of New Margarita Recreation Center Building and Pool Cost: $12,601,508 Status: The Design -Build Contract was awarded at the March 9, 2021, City Council Meeting to De La Secura Builders, Inc., for a Guaranteed Maximum Price of $8,680,459.00. Major demolition activities commenced mid -March 2022. City Groundbreaking occurred on March 31, 2022. Permanent power installed in July of 2023 and gas installed in October of 2023. Ribbon cutting was held on December 14, 2023. Building occupancy anticipated in January of 2024. Sidewalks — Citywide (Ynez Road, Rancho Highland to Tierra Vista Road), PW17-28 Description: New sidewalks on the west side of Ynez Road from Rancho Highland to Tierra Vista Road. Cost: $164,997 Status: ADA Access Ramps have been revised and currently being reviewed. The project is scheduled to be advertised for construction bids in January 2024. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT January 23, 2024 INFRASTRUCTURE PROJECTS (Continued) Sidewalks — Citywide (Ynez Road, Rancho Highland to Tierra Vista Road), PW17-28 Description: New sidewalks on the west side of Ynez Road from Rancho Highland to Tierra Vista Road. Cost: $164,997 Status: ADA Access Ramps have been revised and currently being reviewed. The project is scheduled to be advertised for construction bids in January 2024. Sidewalks — Citywide (Pauba Road, Elinda Road to Showalter Road), PW 19-20 Description: New sidewalks and street widening on the South side of Pauba Road from Elinda Road to Showalter Road. Cost: $639,295 Status: Project is at 95% design stage. Consultant submitted 95% plans in late October 2023. Plans are currently being reviewed. Anticipated to be completed in early 2024. Sidewalks - Old Town Improvements - South Side of Sixth Street (Old Town Front Street to Mercedes Street), PW22-16 Description: This project involves adding and improving sidewalk on the south side Sixth Street in Old Town from Old Town Front Street to Mercedes Street. The improvements include adding sidewalks, rolled curb and gutter, streetlights, and trees in accordance with the Old Town Specific Plan. Cost: $591,194 Status: This project is at the 95% design stage. The Consultant is finalizing the plans and specifications. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT January 23, 2024 INFRASTRUCTURE PROJECTS (Continued) Sidewalks - Old Town Improvements - Additional Streetlights on Moreno Road and Mercedes Street (East of Old Town Front Street), PW22-17 Description: This project involves eight additional old town streetlights for Moreno Road and Mercedes Street. The tree existing streetlights will be removed and replaced with the proposed decorative streetlights to match the old town aesthetic. Cost: $175,337 Status: Project was publicly bid from 9/19 to10/5. Construction contract was awarded at the 10/24/2023 City Council Meeting. The Notice to Proceed was issued November 13, 2023. The project is under construction. Completion is anticipated in February 2024. Utility Undergrounding - Citywide - Power Pole Serving 28551 and 28561 Old Town Front Street (Between Fifth and Fourth Street), PW22-18 Description: This project includes undergrounding the power pole serving 28551 and 28561 Old Town Front Street with the goal of beautifying Old Town. Cost: $20,000 Status: A Right of Entry Agreement with the property owner has been completed. Construction is anticipated to begin in Spring 2024. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT January 23, 2024 PARKS AND RECREATION PROJECTS Community Recreation Center Splash Pad & Shade Structures, PW21-07 Description: This project provides for the conversion of the CRC's wading pool into a splash pad, and the addition of shade structures in the area. Cost: $1,100,000 Status: Bids were opened on November 30, 2023. The City Council awarded the construction contract on 01 /09/2023. Dog Park Renovation, PW21-14 Description: Design and construct a dog park including a small dog pen and large dog pen at Michael "Mike" Naggar Community Park. Cost: $1,040,000 Status: The City received additional funding through American Rescue Plan Act (ARPA) on July 26, 2023. Project is anticipated to be posted on PlanetBids in January with construction starting in spring 2024. Murrieta Creek Improvements — Trail Lights, PW21-13 Description: This part of the project involves installing 27 solar lights along the Murrieta Creek trail on the east side of the creek from Rancho California Road to First Street. Cost: $200,000 Status: Riverside County Flood Control Permit submitted as of January 4, 2023. A US Army Corps of Engineers (USACE) 408 permit is required and an application has already been submitted City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT January 23, 2024 PARKS AND RECREATION PROJECTS (Continued) Park Restroom Renovations, Expansion and Americans with Disabilities Act (ADA), PW17-06 Description: Renovation of various park site restroom facilities, including Ronald Reagan Sports Park North/South Ball Field (new roof, cabinets, fixtures, and other building improvements), Vail Ranch Park (PW23-06) and Long Canyon Creek Park (PW23-18). Cost: $1,127,800 Status: Project is ongoing. Ronald Reagan Sports Park North/South Ball Field Restroom building is currently in the design phase and the project will be advertised for construction bids in Winter 2024, with construction in Spring 2024. Vail Ranch Park, PW23-06, and Long Canyon Creek Park, PW23-18, are in the scoping phase. Ronald Reagan Sports Park Skate Park, PW22-07 Description: Remove and replace the existing skate park and install state-of-the-art skate plaza elements Cost: $4,060,000 Status: Project is in the conceptual design stage. Final Design will begin in January 2024 and construction is anticipated in Fall/Winter 2024 Pickleball Courts, PW21-03 Description: Design and construct new, dedicated pickleball courts at Ronald Reagan Sports Park. Cost: $3,300,878 Status: Project is at 90% design stage. Construction bidding is anticipated to be early 2024. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT January 23, 2024 PARKS AND RECREATION PROJECTS (Continued) Playground Equipment Enhancement and Safety Surfacing Description: Re -design, enhancement of playground equipment, and safety surfacing to comply with current state and federal regulations and enhance the quality of the parks. Cost: $1,477,649 Status: New themed playground equipment will be installed in four parks in Fall 2023. These parks are: Redhawk Community Park, Calle Aragon Park, Temecula Creek Trail Park, and Long Canyon Creek Park Redhawk Community Park is complete. Ronald Reagan Sports Park Hockey Rink, PW22-06 Description: This project will include the renovation of the existing hockey rink to install new flooring material, arena style roof structure, bleachers, and various ADA compliance improvements. Cost: $2,085,000 Status: The City recently received submittals from two design build teams that responded to the RFQ posted on PlanetBids. The City posted an RFP on PlanetBids on 12/20/23 for the two design build teams to respond to. Due date for proposals is 1/16/2024. Design is anticipated to begin Q1 2024. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT January 23, 2024 LAND DEVELOPMENT OVERSIGHT PROJECTS American Tire Depot Description: A 7,303 square foot building to be used for tire retail and repair, as well as minor auto repair services, located at the southwest corner of Ynez Road and DLR Drive. Status: Parking lot has been paved. Wet utility tie-in construction has commenced. Arrive @ Rancho Highlands Description: A 270-unit multi -family community built on 12.32 acres that includes 55 affordable units. The project is located adjacent to the Temecula Duck Pond approximately 775 feet southeast of Rancho California Road on the north side of Ynez Road. Status: Grading and onsite storm drain permits were issued in October 2021. Grading and onsite storm drain construction has commenced. Overflow parking lot has been paved. Heirloom Farms Description: A Development Plan for a 321-unit single family residential community built on 27.86 acres consisting of detached homes and attached townhomes located on the southwest corner of Date Street and Ynez Road. Includes the installation of a new Traffic Signal at the intersection of Ynez Rod and Waverly Lane/Temecula Center Drive. Status: Rough grading permit has been issued in July 2021, the offsite and private onsite street and storm drain improvements permits were issued in October 2021 and the traffic signal permit was issued in September 2021. Precise grading is approved and in progress. Street Improvements in progress. Las Haciendas Apartments Description: A Development Plan to construct a 77-unit affordable housing project located at 28715 Las Haciendas Street in Uptown Temecula. Status: Precise grading permit was issued in December 2021. Grading has commenced in January 2022 and is ongoing. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT January 23, 2024 LAND DEVELOPMENT OVERSIGHT PROJECTS (Continued) Mountain View Description: Thirteen industrial buildings on Avenida Alvarado Status: Thirteen precise grading permits have been issued and construction has commenced. Improvements on Avenida Alvarado, along with street light installations is in process. Onsite storm drain installation has commenced. Solana Assisted Living Description: A 90,000 square foot, two-story, Senior Assisted Living Facility located on the southeast corner of the Margarita Road and Solana Way. Status: A rough grading permit was issued in January 2022. Grading began on February 7, 2022. Street improvements and precise grading plans are near approval. Sommers Bend Description: Land Development has provided oversight of the following submittals for plan check and inspections: final maps, Community Sports Park, and recreation lots, precise grading; street and storm drain improvements; traffic signals; street lighting; and signing & striping. Status: The mass grading permit was issued in September 2018. Sommers Bend has been paved with streetlights installed. The community sports park, Ranch at Sommers Bend, construction is complete and has been accepted at the February 8, 2022, Council Meeting. The Sommers Bend recreation center construction is complete. Installation of streets, storm drains and streetlights on east end of project is in process. Grading has been completed in the Density Core, currently installing sewer. Installation of Santa Gertrudis Creek Channel improvements northwest end of project is in process. 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REQUEST TO SPEAK CITY OF TEMECULA Date: 4 3 Public Comment: Non -Agenda Item: VAgenda Item: ❑ Item Description or Item No. Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: Addres Email a If you are representingatyorganization or gr9up, please give the na Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. 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REQUEST TO SPEAK CITY OF TEMECULA G1989 Public Comment: Non -Agenda Item Agenda Item: ❑ Item Description or Item No. Date: Z� Z Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: Phone Number: Address Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. 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REQUEST TO SPEAK CITY OF TEMECULA Date: Public Comment: Non -Agenda Item: [Z Agenda Item: ❑ Item Description or Item No. -7-,f��f � C Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the recor L� _ Name: Phone Number: Address: � �i %�GLlI�i'� Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA ,vs Public Comment: Non -Agenda Item: Agenda Item: ❑ Item Description or Item No. Py Date: Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: :�sl " K1 1 Phone Number: Address Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. 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REQUEST TO SPEAK CITY OF TEMECULA F989 7 Public Comment: Non -Agenda Item: Agenda Item: Item Description or Item No. I 1/-0 I , T�_ V � �%C� r6e0 , Date: V23�Z Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: /7'L & /����t Phone Number: 7 Address: Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. 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Public Comment: Non -Agenda Item: REQUEST TO SPEAK CITY OF TEMECULA Agenda Item: ❑ Date: Item Description or Item No.�ii ©� ,`�'� `" �+ o e✓�"�-1 Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name L_) cx J Address: Email address: If you are representing an organization or group, please give the name: Phone Number. Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. 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Subject: FW:thank you for reading this very important topic about city council From: Payam D< Sent:Tuesday,January 23, 2024 4:59 PM To: Council Comments<CouncilComments@TemeculaCA.gov> Subject:thank you for reading this very important topic about city council CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi there thanks for reading this: THEY WANT TO TURN TEMECULA TO SAN FECESCISCO ***Voting record:3 out of 4 voted NO TO PARENTAL RIGHTS. the pornographic material in schools or the one kids can come here and get gender surgeries without parental approval! Resolution for Parental rights for city council was put by Jessica Alexander, but GUESS WHAT 3 of 4 VOTED NO! ***3 of 4 Voted to increase salary for council. CORRUPT$$$ ***3 out of 4 said yes to install more camera (1984) China model. 500 are installed 25 got added more. hint:3 of 4 are all males be there are only 2 genders. "Mayor Pro Tern "Brenden Kalfus: WE WILL MAKE HIM RESIGN LEGALLY. FIND SCANDALS. Phone: 951-506-5100 Key Objectives On City website • Ensure Public Safety remains a top priority; keeping Temecula a safe city... LIE • Promote understanding and transparency of city government through open discussions and education WILL HE DO THIS? IF NOT! RESIGN Personal: former MLB player from Canada, and firefighter. Why did you bring Canada's tyranny with you and not put out the fire you started in TEMECULA? I can tell at least he feels super guilty and knows he is messing up bad. Lets give him credit for that. Council Member Zak Schwank WE WILL MAKE HIM RESIGN LEGALLY TOO Key Objectives • improve traffic flow(smart highways is beginning of smart cities): actually give you credit for being honest about this... • Keep Temecula a safe and beautiful city: LIE THese 2 are fighing hard for agenda 2030 of tyranny! Will their kids 8 kids have PR? these 2 are most likely controlled opposition payed by Soros, Newhim, China, or Some Globalist Establishment Technocratic Elite $. Everyone, lets find out legal ways to make them both resign. They were sent 100% to damage Temecula Murrieta bc we are common sense city. Big shout out to Kari Lake...Jessica Alexander SHOULD BE NEXT MAYOR IF YOU WANT TO SAVE TEMECULA • Temecula protecting its values and traditions • Unifying the community • Educating future generations ...on listening and working for the community ...strengthen the heart of each resident So I ask you to please lets fund a donation plan for the only true patriot, populist, nationalist councilwoman Jessica Alexander who can be most trusted and will be next mayor to give town hall meetings by her self as the other 3 are doing everything they can to stop her* btw: TRUMP RAMASWAMY 2024 IS OUR ONLY HOPE. I ran out of time thank you! 1. still have not heard the plans of the smart city in 2030. TEMECULA ALREADY AGREED TO DO THIS BC SACRAMENTO MADE EVERY CITY DO IT AND TOOK POWER AGAINST CITY GOV,. Some cities are doing right thing and suing Gov of CA back, that's right thing to fight back, not role over and accept it, bc fighting back starts a domino affect. Smart cities , 15 min cities: - Permanent lockdown global cashless societies -Central bank digital currency cbdc -Carbon & Nitrogen taxes ( Green New Scam) -Social credit score via smart city monitoring -endless migration replacement: - Universal basic income. Its Communifornia. Right now Austria, EU, evil China, and Canada, have announced cbdc to replace cash/credit cards with face thumb scans or subdermal chops, From WEF and the globalist establishment technocratic elites. For social credit scores, vax pass,. They want to create the problems to bring own solutions for power. Regards, 2 Payam Daneshvar MAKE TEMECULA GREAT AGAIN Sent with Proton Mail secure email. 3