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081208 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 [26 CFR 35.102.35.104 ADA Title II] AGENDA ADDENDUM TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE AUGUST 12, 2008 - 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. RECOMMENDATION: A. Adopt the following Motion: "Motion pursuant to Government Code Section 54954.2(b)(2) to add an item to the August 12, 2008 Agenda for the approval of a resolution declaring of a local emergency based on the following facts: (1) there is a need to take immediate action on this Agenda Item and resolution; (2) the need for action came to the attention of the City subsequent to the Agenda being posted on August 8, 2008; and (3) the Legislature is now contemplating transfer of local redevelopment funds, General Fund Property Tax money and Prop 42 monies and Staff was advised this morning that action will now be taken on the proposed transfer this week." The Motion requires adoption by 4/5t" vote of the City Council. B. Discussion and direction to Staff C. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO OPPOSE ANY ACTION BY THE STATE OF CALIFORNIA TO BORROW OR TAKE LOCAL GOVERNMENT FUNDS, SUCH AS PROPERTY TAX, PROPOSITION 42, OR REDEVELOPMENT FUNDS The entire agenda packet (including staff reports) may be available for viewing at City Hall - 43200 Business Park Drive, Temecula -and at the Temecula Library - 30600 Pauba Road, Temecula -during normal business hours. The packet will be available for viewing the Friday before the City Council meeting after 4:00 PM. You may as well access the packet on the City's website - cityoftemecula.org -which as well will be available the Friday before the City Council meeting after 4:00 PM. City Manager/City Council Aaron Adams, Assistant City Manager August 12, 2008 State Budget Crisis-Opposition to Legislation Transferring Local Funds to the State of Califomia (at the request of Mayor Naggar) Approvals City Attorney Director of Finance City Manager /-~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: PREPARED BY: RECOMMENDATION: Tamra Middlecamp, Senior Management Analyst That the City Council: Adopt the following Motion: "Motion pursuant to Government Code Section 54954.2(b)(2) to add an item to the August 12, 2008 Agenda for the approval of a resolution declaring of a local emergency based on the following facts: (1) there is a need to take immediate action on this Agenda item and resolution; (2) the need for action came to the City subsequent to the Agenda being posted on August 8, 2008; and (3) the Legislature is now contemplating transfer of local redevelopment funds, General Fund Property Tax money, and Proposition 42 monies and Staff was advised this morning that action will now be taken on the proposed transfer this week." The motion requires adoption by 4/5~' vote of the City Council. 2. Discussion and provide direction to Staff. 3. Adopt a resolution entitled: RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO OPPOSE ANY ACTION BY THE STATE OF CALIFORNIA TO BORROW OR TAKE LOCAL GOVERNMENT FUNDS, SUCH AS, PROPERTY TAX, PROPOSITION 42, OR REDEVELOPMENT FUNDS. BACKGROUND: The City of Temecula was made aware of this urgent issue yesterday by the League of Califomia Cities and this was after the posting of the City Council Agenda. This action will require a 4/5 vote to place on the Agenda. The City of Temecula has been notified that the State Legislatures are contemplating a vote on the budget in the next day or so thatwill include borrowing and/or permanent take-away of PropertyTax, Proposition 42 (Transportation Funds), and Redevelopment Funds. The estimated maximum exposure to the City of Temecula is estimated at $3,545,605 annuallywith $1,981,514 from Property Taxes, $900,317 from Proposition 42, and $663,774 from Redevelopment funds. This type of budget reduction would greatly impact the City of Temecula's abilityto continue to fund local transportation projects, public safety, and redevelopment projects that serve as economic development tools for the City. "Loans" of local government and transportation funds are irresponsible. Unlike budget cuts or tax increases, "loans" will only worsen the state's structural deficit. Also, "loans" could do serious damage to some cities who are already facing seriously reduced revenues. Redevelopment provides valuable economic stimulus. In a typical year, redevelopment investments generate about $32 billion in total economic activity, nearly $1.6 billion in state and local taxes and support 310,000 jobs, mostly in construction. It is imperative that a strong message be sent to the legislature about these concerns. Cities and Counties cannot pay for the State's budget problems. The State needs to fix their budget problem on their own with their own funds and not just prolong the current problem. FISCAL IMPACT: Potential fiscal impact of borrowing/taking annually is estimated at $3,545,605. ATTACHMENTS: Local Funds at Risk in the FY08-09 State Budget Standoff by the League of California Cities Letter DTD July 23, 2008 to Honorable Governor Schwarzenegger RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO OPPOSE ANY ACTION BY THE STATE OF CALIFORNIA TO BORROW OR TAKE LOCAL GOVERNMENT FUNDS, SUCH AS, PROPERTY TAX, PROPOSITION 42, OR REDEVELOPMENT FUNDS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City of Temecula has just been informed of the Legislature contemplating a vote to borrow and/or take away Property Tax, Proposition 42, and Redevelopment Funds ;and WHEREAS, such action would greatly affect the City of Temecula revenues and the estimated maximum exposure equals $3,545,605 annually; and WHEREAS, the loss of these revenues would affect the City's ability to provide necessary public services; and WHEREAS, Redevelopment provides valuable economic stimulus and, in a typical year, redevelopment investments generate approximately $32 billion in total economic activity, nearly $1.6 billion in state and local taxes, and support 310,000 jobs, mostly in construction; and WHEREAS, it is imperative to send a strong message to the Legislature; and WHEREAS, Cities and Counties cannot pay for the State's budget problems; and WHEREAS, the State of California needs to fix their budget problem on their own with their own funds; and NOW THEREFORE BE IT RESOLVED that the City of Temecula opposes any action by the State of California to borrow or take local government funds of any kind, including property tax revenue, Proposition 42 funds, and Redevelopment Funds. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of August, 2008. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of August, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Ci of Temecuh 43200 Business Park Drive • Temecula, CA92590 • MailingAddress: P.O. Box 9033 • Temecula, CA 92589-9033 (951) SOb5100 • Fax 1951 ~ 694499 • www.ciryoRemecula.org Michael S. Naggar July 23, 2008 Mayor Honorable Arnold Schwarzenegger, Governor ' Maryann Edwards Mayor Pro-Tern Honorable Senate President Pro Tempore Don Perata Honorable Senate Republican Leader Dave Cogdill Jeff Comerchero Honorable Assembly Speaker Karen Bass Counci Member Honorable Assembly Republican Leader Mike Villines Ronald H. Roberts Honorable Members of the Senate and Assembly Council Member Honorable Members of the Senate and Assembly Democratic Caucuses chuck Washington State Capitol Counci Member Sacramento, CA 95814 951-506-5100 SUBJECT: Adopting a Balanced State Budget without Local Revenues FAX 951-694-8499 Deaz Governor Schwarzenegger, Senate and Assembly Leaders, Senators and Assembly Members: On behalf of the City of Temecula, I want to convey to you our opposition in the strongest possible terms to the state taking local government, redevelopment or vital transportation revenues to fund the state budget. Such a move would not only have negative consequences for our cities and their residents, but it is a disastrous fiscal policy for the state. The voters resoundingly agreed that local government should not continue to serve as the source of funding to meet the state's financial obligations when they passed Proposition lA in 2004 with 84% of the vote. They also voted by a 77% mazgin in 2006 to protect Prop. 42 revenues for the intended purpose -critical transportation infrastructure improvements. California has ignored for years. In 1954 the voters also authorized tax increment fmancing for community revitalization, including infrastructure and affordable housing -not to balance the state budget. Like you, we face difficult choices at the locallevel during these trying times. Many cities have declining sales tax and property tax revenues. Moreover, cities aze on the front lines of the housing foreclosure and gang violence crises. Despite these pressures, we have made tough decisions to reduce programs and services. When necessary, some cities have raised fees or asked the voters to support tax increases. We have found that when we are straightforward with the public about our cities' financial needs, taxpayers aze supportive. ®Pnnred on Recycled Gaper .. •~,~ The state must find a way to resolve its budget problems without "borrowing" or seizing funds meant for voter-approved local government, infrastructure and community revitalization purposes. We understand your options in doing this are limited, and we will support a budget compromise that is balanced and makes progress towazd long-term budget reform. These steps aze vital if you aze going to restore the stability in the state budget and the confidence of our voters and the business community. Borrowing or taking these funds to pay state operating costs is simply bad fiscal policy. It compounds the state's structural budget deficit and undercuts both voter and investor confidence in our economy. California city residents are still paying for the yeazs that the state regulazly seized city and redevelopment funds when state leaders refused to use only state revenues to balance the budget. The state then started taking Prop. 42 funding for street repairs and transit. Every time the state took funds, cities were forced to defer maintenance and cut important services, lowering the quality of life in our communities in the process. Borrowing or taking money from local communities will not solve the state's problems; it will only prolong the state's ongoing structural deficit and further jeopazdize our economic recovery and public confidence in state government. As fellow elected ofl7cials, we will support your efforts to enact a balanced budget. We urge you to make the compromises necessary to balance the state budget with only state revenues and respect the will of the voters who said to keep local funds local commit transportation funds to transportation, and invest redevelopment tax increment for the important purpose of community revitalization. Respectfully, r~ ~ ~ ~~ Michael S. Naggar Mayor ce: Temecula City Council Ellison Wilson Advocacy Shawn Nelson, City Manager Aazon Adams, Assistant City Manager Genie Roberts, Finance Manager Local Funds at Risk in the FY08-09 State Budget Standoff Estimated maximum exposure assuming property (ax shifts allocated proportionate to ERAFIII Redevelopment #s from CaliJRedevelopementAssn assumeJla(% ofgross tax increment. Prooertv Tax * Proposition 42 RedeveloomeutTI City/County Borrowine Borrowine Shift/Take Total CITIES * -700.000.000 -286,000.000 -986000000 COUNTIES .........................:...:...... ................ - 700,000,000 - 286,000,000 - 986.000,000 SPECIAL DISTRICTS _ Inn rwn rm __.. ___ ~_ _ ,~w~v~wrrviCrvl MI~CIVI.ICJ -20U,000,000 -200,000.000 STATE TOTAL ..................................•-- - 2 100.000,000 - 572.000,000 - 200.000,000 - 2.872,000.000 - 1,981,a82 -691,810 -520,614 -3,194,106 ALBANY - 393,123 - 154,323 - 16,509 - 563,955 BERKELEY -3652,215 -977,648 -71,216 -4,701,081 DUBLIN ....................................... ....... .................. 1,605.358 -401.091 ............... ................... -2 206449 EMERYVILLE -s7o,al3 -sa,23s -l,zao,368 -2,x3s,on FREMONT -s,aas,3sz -1,945,809 -1,345,701 -8,776,863 HAYWARD -3901,087 -1,359,140 -486,806 -5,747,034 LIVERMORE -2,675,393-- 761,594 ................ -176,883 ................... -3,613,871 NEWARK --•---- -1553,077 •--- ....... -404,106 .................... ................... -1,957,183 AKLAND - 12 306 166 _______ _ __ - 3,819,619 ____________ - 4,653,941 - 20,779,726 PIEDMONT ................... .................. ................................... ................. -546,441 .................. - 102,392 -648 832 PLEASANTON . _ _ ........ --_•-_---.--_--_•• 3,762.178 ................. -632,065 .................... ........ ...:...... -4 394,243 SAN LEANDRO .............. ........:.......... . -2,351,280 -749,129 -758,034 -3,858,443 UNION CITY - 1,542,186 ------- -664,627 ---------••-•----.. - 823,789 .-----•-----...__.. - 3,030,602 County of ALAMEDA -29986,230 -8,931,708 -709,442 - 39,627,380 pedal Districts in ALAMEDA County ........ - 35 080 704 _ ............................... , , ........................................... ................. .................... ...... 35,080_704- 1 ............................. .................. .................... ............ unty of ALPINE __________ ____________ -27 156 ~y_ - 161,367 - 188,523 Special Disbids in ALPINE County _ 144 168 , 144 166 1 / 1 .. ...... .................. AMADOR - 4,480 - 1,986 - 6,465 ZONE -86,885 -72,092 -158,977 JACKSON ............ ......... •---..... ...................... ............ ......................... 132.913 -40.163 -173096 PLYMOUTH -°- ---°------=-••--- .... -23,283 -9,873 -33,156 BUTTER CREEK ....... ................... __ ..••---•' - 60,671 - 27,073 _ s7,7as County of AMADOR - 683,712 - 821,946 - 1, 505,658 pedal Distdcts in AMADOR County . . - 372 476 _ ................................. , ................................. -372,476 Notes: o Assumes $2.18 max proptax shift. o Prop1A does not spedfy allocation. These #s assume allocation propor0onate to ERAF III. Aduals may be higherAower. me Aug08 REVISED californiacit finanw com y . 1 of 20 Local Funds at Risk in the FY08-09 State Budget Standoff Estimated maximum exposure assuming property !ax shifts a/located proportionate to ERAFIII Redevelopment #s from CalifRedevelopemenl Assn assumeflat % ofgross tax increment. Property Tax * Proaosiflon 42 RedeveloomentTl BIGGS -z3 oz4 -16,630 -39,654 CHIOO -1541,106 -775,853 -1,127,283 -3, 444,842 GRIDLEY -114,043 -66,693 ___ -25,130 _______ _ _ -196,867 OROVILLE -290,667 -132,775 -274,815 -698,266 PARADISE ..... - 549,473 - 245,683 ............. - 16,255 ................... - 811,411 • unty of BUTTE - 3 937,280 - 3,030,883 - 6,966,163 Specal Dlsbids in BUTTE County 1968982 - •••-•--• -•----•• -----••--- - 1,968,982 ANGELS CAMP -x6,638 -32,994 -119,631 County of CALAVERAS - 734,744 • 1,247,662 _ 1,978,406 Spedal Distdds in CALAVERAS County - 3 746 646 , , - 3,746,646 • COLUSA -135887 -53,071 -188,958 WILLIAMS .._... -90,412 -48,309 ------------- -----•-••--------- -138,721 County of COLUSA -454,488 -965,110 -1,419,598 Special Disbids in COLUSA County -910,956 - 910,956 ANTIOCH -1734280 . -928,944 . ... -297,839 -2,961,063 BRENTWOOD -637,465 .. ... ... ..... ... .. -449,602 ....... ....... ...... -313,615 . ......... .. ... .. .. -1,400,662 CLAYTON -153,606 -101,031 -221,778 -476,415 CONCORD -3 122,208 •-- 1,147.802 • ................ -636,579 ....•-•-•---.._... -4,906,588 DANVILLE -. -••-•- ....... .................... .................. .............. .. -939,151--••-• 397,809 -86,284 -1,423,244 ELCERRITO -623,625 -••---• -216,504 -204,112•--~- __ --•••-1,044,242 HERCULES -276,2311 -2zo,aoz -669,339 -1,064,979 LAFAYETTE ................... ..._.. ..._.....__..__ 490,621 -224.410 ............... -133,053 ............•---.. -848,084 MARTINEZ -79s,137 -339,148 -1,177,281 MORAGA ................... ................. - - 262,840 - 151,914 - 414 754 OAKLEY ....... .................... ...........:...... ORINDA - 386,547 - 293,312 - 177,836 - 857,695 -358,304 -163.939 -522,243 PINOLE -423,281 - 180,220 .................. - 385,648 .................. - 989,149 PITTSBURG ................... -1015,096 -579,196 ..... -1,999,261 ..........•------. -3,593,553 PLEASANT HILL -773,584 .- -309,584 -.---• ............... -209,913 ................. -1,293,081 RICHMOND -3148,044 -954,491 -1,059,489 -5,162,024 SAN PABLO ...---•--•-•--••-• .. ..............•-- ... .............. -393,847 -288,145 -635,133 -1,317,125 SAN RAMON ..... .................. . ............... •- -1,406,369 -573,516 -352,328 -2,292,212 WALNUT CREEK '-"" -°-----•••-•-••- ............ ...... -2,140,451 -611,344 -144,702 -2,896,497 County of CONTRA COSTA -18,532,182 ______________ -7,025,423 -718,713 •••-- •••---26,276,318 pedal Distdds in CONTRA COSTA County -31 057 068 _ _________________ , , - 31,057,068 Notes: o Assumes $2.18 max proptax shift. o Prop1A does not spedfy alloca0on. These #s assume albca8on proportionate to ERAF III. Aduals may be higher/lower. me Aug08 REVISED californiacityfinancc.com 2 of 20 Local Funds at Risk in the FY08-09 State Budget Standoff Estimated maximum exposure assuming property tax shifts allocated proportionate to ERAFIII Redevelopment #s from CalifRedevelopementAssn assumeflat %ojgrosslaz increment. Prooerty Tax * Prooosition 42 RedeveloomentTl City/County Borrowine Borrowine Shift /Take Total CRESCENT CITY -usz9a -71,356 -3x,xxx -22x639 CourtyofDELNORTE -521,240 -520,387 _1,041,627 Specal Districts in DEL NORTE County - 264,162 - 264,162 PLFACERVILLE -2x6,613 -95,148 _;g1,760 SOUTH LAKE TAHOE -7os,o3s -zzl,na -2zz2zo -I,tas,az9 CourdyofELDOR4D0 -2,931,962 -2,702,476 -x,634,438 Special Districts In EL DORADO County -13,260,725 -13,260,725 CLOVIS -1,547,021 -848,229 -225,849 -2,621,099 COALINGA - 189,136 - 166,036 - I 11218 -466,388 FIREBAUGH -916x4 -61,970 -47,102-•--- •----•--200,656 -- FOW LER -79,924 -48,659 .......... ..... -40,192 .....•--•-• •---... 168,774 FRESNO -9,544,313 -a,azz,ls6 ••-_. -745,016 ---•-••• -•- -14,711,485 HURON -61959 -68,883 -21,896 -152,738 KERMAN ...__ .......................................... ....................129:865 124:942 ""°°"°° -22,190 -276,997 KINGSBURG . _ ._ .. . .................................... .._ .................. 148,490 . .......... .. -103,385 ......................... -23.336 ........•-------.. -275,211 MENDOTA ._..._._.. _ . -85,261•_- .................... - 86,653 ... ........ .. . .... ....... 35,074 . ....... .. ........ -206,988 ORANGE COVE - 76,413 -_•_•---•- ••• -96,931 •_--_-•-_--.• ..... -40,074 .................. - 213,418 PARLIER . -114,724- 120,244 ...-•----•-••---- 58 842 -------------•---- -293,810 REEDLEY .............................................. -• .................. 301,095• ... ••••--.••• •__ -228,989 . -••-•-,_.•••_ : • ...... -99,249 ............•---.. -629,332 SANGER . .......... ...... -29x,426 .................. -228,694 ......................... -46,828 .................. -x70,948 SAN JOAQUIN "" "°°-----°•••••• -35,x62 -35,x77 -25,228 -96,367 SELMA -436.194 -213,223 -50,918 -700,335 unty of FRESNO -15,557,222 -8,731,062 -7,654 -24295,938 pedal Districts in FRESNO County - 2_,395,130 - 2,395,130 URLAND -- - 128,667 - 66,088 - 194,756 WILLOWS ................... ........•-•-•---- ................. -134,937 unty of GLENN -59,470 0 - 194,407 •-• -604,384 -1,176,069 -1,780,453 Spedal Districts in GLENN County _g72~16q 472 164 Notes: o Assumes $2.1B max proptax shift. o Prop1A does not specify allocation. These #s assume allocation proportionate to ERAF III. Actuals may be higher/lower. me Aug08 REVISED californiacilyfinance.com 3 of 20 Local Funds at Risk in the FY08-09 State Budget Standoff Estimated maximum exposure assumingproperty tax shifts allocated proportionate to ERAFIII Redevelopment #s from Calif•Redevelopement Assn assume flat % ojgross tax increment. Property Tax * Proposition 42 RedeveloomentTI ARCATA -2s7,7oz -lsa,9sa -150,879 -567,164 BLUE LAKE - n o79 -10,829 - 27,669 EUREKA -719,934 -2511,123 -176,344 -1,146,401 FERNDALE -7A,a3s -17,210 -37,6as FORTUNA - 167,437 - 104,010 - 60,604 - 332,051 RIO DELL -32949 -29,914 -62,867 TRINIDAD -1o,36z -2,969 -13,332 County of HUMBOLDT -2,867,450 -2,317,315 -5,180,765 Spedal Distridsin HUMBOLDT CauMy _______________ ____________2,205.386 -2,205,388 BRAWLEY -367,729 -736,205 -73,848 -667,782 CALEXICO -ssB,esa -3as,zt6 0 -9oa,mo CALIPATRIA -na91 -72,661 -16,267 -161,720 EL CENTRO -836,376 -786,769 -220,197 -1,443,291 HDLTVILLE -70998 -57,907 -26,727 -155,632 IMPERIAL -m973 -los,9ss o -zso,9za WESTMORLAND -21,413 -zz,a6s -a,oz3 -47,903 County of IMPERIAL -2,998,162 -3,765,409 -6,763,571 Specal Districts in IMPERIAL County -540,664 - 540,664 BISHOP -149,376 - 33,490 - 182,866 County of INYO - 376 740 - 1,417,768 - 1,794,508 Specal Districts in INYO County -54,063 - 54,063 no~nr.i -" ....................... ...................... ............... CALIFORNIA CITY - 160,246 - lzo,64a -239,374 -szo,z61 DELANO -ssa,816 -467,569 -122,244 -1,164,631 MARICOPA -13,197 -10,544 -23,741 MCFARLAND -91as6 -u66zz _zos,la6 RIDGECREST -375,224 -256,889 -271,526 -903,639 SHAFTER -240,606 -137,730 -92,973 -471,309 TAFT - 175 104 -84,217 - 14,045 - 273,366 TEHACHAPI -ve,176 -IZO,o66 -44,665----- ---------342,931 -- WASCO -216,461 -223,280 -49,602 -489,342 County of KERN ~ -13,366,064~ ~____~_- 8,050,167 _21,g1g,2;1 Special Districts in KERN County - 14,158,482 ____ - 14,158,482 Notes: o Assumes $2.1 B max proptax shift. o Prop7A does not spedfy alloca8on. These #s assume allocation proportlonate to ERAF III. Aduals maybe higherAower. me Aug08 REVISED californiacilyfinance.com 4 of 20 Local Funds at Risk in the FY08-09 State Budget Standoff Estimated maximum exposure assuming property tax shifts allocated proportionate to ERAF fI! Redevelopment #s from Calif RedevelopementA6sn assume flat % ojgross tax increment. Property Tax * Proposition 42 RedeveloomentTl AVENAL -115,661 -1s3,s63 -35,744 -305,158 CORCORAN -zls 9ss -233,659 -42,257 -494,874 HANFORD -ss4,ws -a63,osz -a2sz1 -1,400,381 LEMDDRE -299040 -221,533 -296,608 -816,181 County of KINGS -2819002 -1,737,749 -4,456 -4,561,207 Spedal Districts In KINGS County -2,220,498 -2,220,498 • CLEARLAKE -z1z,76o -13o,os1 0 -3az,eal LAKEPORT -1339as -a7,1s1 -37.007 -zls,lo3 CournyofLAKE -1063048 -1,258,233 -90,961 -2,412,232 Spedal Districts in LAKE County - 757,780 _757 780 SUSANVILLE -294207 -170,990 0 -465,197 County of LASSEN - 634,238 - 1,243,119 0 - 1,877,357 Speaal Districts in LASSEN County -271,140 271 140 AGOURAHILLS -a6s,ao7 -zlas6s -167,a29 -sas,zol ALHAMBRA -1,876,232 -832528 -442,375 -3,151,134 ADIA - 1,237,346 - 519,919 ____________ - 165,380 - 1,922,648 ARTESIA -zns9o -161,696 -63,832 -498,118 AVALDN - 160 066 - 32,369 - 205,861 - 398,295 AZLISA - 869,475 -447,148 - 320,344 - 1,636,966 BALDWINPARK -1o69s1z -7a6,7u -zo6ssa -2,oz3,1o6 BELL -464994 -358,362 -170,616 -993,972 BELLFLOWER -1ooa,9n -712,577 -97,330 -1,814,824 BELL GARDENS -676,990 -429,865 135268 -- -1,242,113 BEVERLY HILLS -3,az3,351 ______ -331,71A ________ -a,lss,on BRADBURY -19,730 -a,7a3 -zs,a72 BURBANK -3701,883 -992,118 -1,783,368 -6,477,369 CALABASAS -645,492 - 217,433 - 862,925 CARSON -2,257,288 -903,939 -1,090,418 -4,251,645 CERRITOS -21e3,n1 -506295 -1,267,824 -3,957,891 CLAREMDNT -701116 -341,437 -137,104 -1,179,667 COMMERCE -a62,3so -IZa,ta2 -7os,9u -1,695,433 COMPTON - 1,297,174 - 914,253 .................... 0 ................. -2,211,428 COV~NA -1,074,186 -457,076 -282,396 -1,813,658 UDAHY -279197 -237,823 -155,266 -672,286 Notes: o Assumes $2.1B max proptax shift. o Prop1A does not specify allocaton. These #s assume allocation proportionate to ERAF III. Adllals may be higherAower. me Aug08 REVISED californiacityfinance.com 5 of 20 Local Funds at Risk in the FY08-09 State Budget Standoff Estimated maximum exposure assuming property tax shifts allocated proportionate to ERAF III Redevelopment #s from CalifRedevelopement Assn assumeJlat % ojgross tax increment. Property Tar * Prooositlon 42 RedeveloomentTl City/County Borrowine Borrowine S)litt /Take Total CU VER CITY -1940,837 -375,718 -1,208,400 --- --~~~~~-3,524,955 DIAMOND BAR -794,9x7 -663,463 - 1,346,430 DOWNEY -2135,552 -1,044,389 -175,442 -3,355,383 DUARTE -x87,369 -212,551 -317,781 -1,013,721 EL ONTE x2140,165 -1,160,911 - ------~~~~~--253,166 -3,554,262 EL SEGUNDO - 1 744,322 - 156,980 - 1,901,302 GARDENA .................................................. - 1 14681x ..............t....-.-.- -s69p79 -.... -1,715,393 GLENDALE -a,a39,u6 .--........-._. -1,904,395 --....-..--..-.----..... -1,248,991 ..-----....--._.-.. -7,592,502 L D RA -989,153 -483,157 -----~-261,254 -~~~ ~~ -1,733,564 HAWAIIAN GARDENS -3zz,643 - 146,371 -zs6,la6 -7zs,16z HAWTHORNE -1346,x39 -818,913 -370,130 -2,534,482 HERMOSA BEACH -652,858 -180,256 -633,116 HIDDEN HILLS -44,340 -IS,7sa -63,093 HUNTINGTONPARK -67s,127 -596,892 -432,376 -1,907,395 ND STRY - 1814,428 - 7,391 - 3,529,164 - 5,350,983 INGLEWOOD -z o9o 6sa -1,096,916 -728,679 -3,915,249 IRWINDALE -676,293 -15114 ----------------- -710,983 - -1,402,490 ADAFLINTRIDGE -a1s,a3v -196,6x2 -6n o61 LA HABRA HEIGHTS - loz 7oa - s6,93z , - 159,637 LAKEWOOD - 1 402 322 - 769,215 - 372,007 - 2,543,545 LA MIRADA -1033,965 -464,035 - 588,931 - 2,086,931 LANCASTER -2,068,706 -1,322,119 -2,958,527 -6,3x9,353 LA PUENTE -512,397 -396,609 -20,850 -931,856 LAVERNE -711,691 -307,782 -368,571 -1,388,043 LAWNDALE -az7 x46 -306,627 -171,473 -907,546 LOMITA ~ -316,671 -194,460 -510,330 LONG BEACH -10183,oza -x,631,341 -3,365,128 - 18,079,494 LOS ANGELES -96848,227 -36838,221 -%,1x6,794 -141,935,242 LYNWODD -850192 -673,038 -215,175 -1,738,405 MALIBU -484,656 -126,385 -611,241 MANHATTAN BEACH -1,3x8,361 -338,698 - 1,687,079 MAYWOOD -304,406 -275,395 -141,939 -721,739 MONROVIA -1059,186 -361,368 -311,381 -1,731,935 MONTEBELLO -1,294174 -603,852 -579,347 -2,477,372 MONTEREY PARK -1,136,274 -593,997 -345,386 -2,075,657 NORWALK -1699,619 -1,012,867 -348,211 -2,960,897 PALMDALE . .....................•---.-.....--.-..---...--•--- -16961a -...-.---..--c-..--....• -1,337,288 ---- - 1,767,632 - 4,803,324 PALOS VERDES ESTATES -36o,asx ....••-----....- - 138614 ------•------...-._-..-- .--...-...-------- -su,o96 PARAMOUNT -6x9,731 -534,196 -442,984 -1,826,911 ADENA - 6,517,610 _ - 1,353,780 ___W_________________ - 1,136,477 _ - 9,007,867 PICO RIVERA -982090 -618,579 -276,262 -],876,951 Notes: o Assumes $2.1 B max proptax shift. o Prop1A does not spedfy allocation. These #s assume allocation proponionate to ERAF III. Actuals maybe higherAower. me Aug08 REVISED californiacitytinance.com 6 of 20 Loca[ Funds at Risk in the FY08-09 State Budget Standoff Estimated maximum exposure assuming propertytax shifts allocated proportionate to ERAFIII Redevelopment #s from CalijRedevelopement Assn assume,Jlat %oJgross tax increment. Prooerfv Tax * Proposition 42 RedeveloumentTl rvrvl~lvr5 - 2 841,540 - 1,490,553 - 1,123,779 - 5,456,873 RANCHO PALOS VERDES -667,692 -aoo,tzs -38,IS3 - 1,105,970 REDONDO BEACH -1 s3a,9s3 - 6zo,as2 - lss,a2s -z,64os93 ROLLING HILLS -so,7ts - 18,230 -6g 9qg ROLLING HILLS ESTATES --••---•-•-•-----•- ••-•-----•-••: z1s,4o7•---- -7s.3oo -z93,7o7 ROSEMEAD - -737,476 -•-•••-- -527,927 -171,094 -1,436,497 SAN DiMAS - 704 596 - 340,242 - 251,284 - 1,296,122 SANFERNANDO -sssssa -2311ss -z3so41 -1424743 cenl r_ecoin __ _. SAN MARINO -666,413 -IZS,696 -6st,to9 SANTA CLARITA -3,218612 -1,628,614 -133697 -4,980,723 SANTA FE SPRINGS - 1 a6s 641 -166,446 - I,zoz,oos - 2636,992 SANTA MONICA -6,432,611 -841,114 -2,4696 14 -8,743,238 RIFRRA AAAr1RF _._ _._ __ .._ SIGNAL HILL -697223 -103,228 -541,215 -1,341,666 SOUTH EL MONTE -ao7s9s -2o6slz -197soa -su,9n ~.., .r, , ... r,- SOUTH PASADENA -61s,o7s -237,400 -22,628 -876 106 TEMPLE CITY -470951 -328,209 -34,669 , -833,729 TORRANCE -a ss6 o16 -1,366,694 -269,103 -6,190,813 VERNON -671713 -883 -474,183 -1,146,779 WALNUT -aao,zzs -296,906 -931,996 -1,669,128 WESTCOVINA -216z,na -I,o3E,377 -757,253 -3,968,408 WEST HOLLYWOOD -t3ooazz -349,665 -zt6sos -1666692 WESTLAKE VILLAGE -339769 -sls6a _421,633 WHITTIER -1,438,036 -802,089 __ ~ - 339,351 -2,579,476 County of LOS ANGELES -206,436,250 -55,670,874 ___ _ -159,460 -262,165,584 Spedal Distdds in LOS ANGELES County - 110,791,332 - 110,791,332 • CHOWCHILLA -193,977 -163,884 -51,914 -409,775 Ems' -711,702 ____ -612,786 ______________ -319,729 -1,544,216 County of MADERA -2,328,674 -2,541,061 -4,669,636 Spedal Districts in MADERA County - 757,120 - - 757,120 Notes: o Assumes $2.1B max proptax shift. o Prop1A does not spedfy alloa8on. These #s assume alloca8on proportionate to ERAF III. Aduals may be higher/lower. me AugOS REVISED californiacityfinance.com 7 of 20 Local Funds at Risk in the FY08-09 State Budget Standoff Estimated maximum exposure assuming property tax shifts allocated proportionate to ERAFIII Redevelopment #sJrom CalifRedevelopementAssn assumeJlat % ajgross tax increment. Property Tax * Proposition 42 RedeveloomentTI BELVEDERE ............... . ............................................. - 185,049 ............... - 19,756 ... •- -204,805 CORTE MADERA -saa,z9a .................... -87,o1z .................... .................. -631,3os FAIRFAX .179,615 -67,900 -247,514 LARKSPUR -4sa 137 -ukase -599,593 MILL VALLEY - 714,806 ..... .. 127:066 -- -841.872 NOVATO - 1 o7a,7s3 ...... • -a91,9sz -3oss7o - I,a6s,6os RO`S`S - 145,067 - 21,870 - 166,957 SAN ANSELMO -397,713 _116,079 -512,791 SAN RAFAEL -1958,510 -533,626 -192,787 -2,684,924 SAUSALITO -4o6,37s -68,525 -474,899 TIBURON -297,970 -81,652 0 -379,622 County of MARIN - 4,739,554 - 2,113,485 - 77,863 _ - 6,930,902 Special Districts in MARIN County - 9 449 216 , , - 9,449,216 Courriy of MARIPOSA -354,838 -801,149 -1,155,987 Spedal Distdds in MARIPOSA County - 218 306 , 218 306 FORT BRAGG - n3 aes - 6s,3m - 70,223 - 309,415 POINT ARENA -9,898 -4,606 -14,504 LIKIAFI - 378,825 - 146,71 I - 187,367 - 712,903 WILLITS -117,604 -46,903 ................ 41,982 ................. -206,485 County of MENDOCINO -1,995,140 ••••-•• -1,872,791 ••••--•• • -27,048 -3,894,979 Special Distdds in MENDOCINO County -720 5ffi , -720,582 ATWATER -36a szo -zs3s9z -63,059 -681,471 DOS PALOS GUSTINE -63,401 -45,551 • •-----•--•-------- ••-••••••••• p -----••-----•-••- - 108,958 -77,o9a -as,aza -125,918 LIVINGSTON ~ - 148,105 - 122,147 - 15,949 -286,202 LOS BANGS - 486,254 - 323,695 - 160,297 - 978245 MERGED ............................................................... . ].331:692 -732,820 ...- ....... 300.704 ................. -2,365,217 County of MERGED -4,422,024 ... -3,272,865 ...-... 0 -7,694,889 Spedal Districts in MERGED County - 3,233 566 , - 3,233,566 .......... ................ ...................... ..................... ................. ALTURAS - so 632 -zb,s9o - 107,422 County of MODOC - 238,650 .... - 1,161,745 - 1,400,395 Specal Districts in MODOC County - 123 856 , - 123,856 Notes: o Assumes $2.1B max proptax shift. o ProptA does not spedty allocation. These #s assume allocation propor0onate to ER4F III. Actuals may be higherAower. me Aug08 REVISED californiacityfinance.com 8 of 20 Local Funds at Risk in the FY08-09 State Budget Standoff Estimated maximum exposure assuming property fax shifts al[ocaled proportionate to ERAFIII Redevelopment #s from CalifRedevelopement Assn assumeflat % ofgross tax increment. Property Tax * ProoosiNon 42 RedeveloomentTI MAMMOTH LAKES -a3a,99a -7o,9az -sas,937 --.untyo--• NO -185928 -862,351 -1,048,279 Special Districts In MONO County - 1,966,890 - 1,966,890 I CARMEL ...................................... -394,389 ......................................... -37,710 .... -432,099 DELREYOAKS -as,29a ................. -IS,2os ............... o••••-~ -----•~~ 60 499••• GONZALES .... ... .................... , ....... ........... - 107,575 -80,319 - 57,448 - 245,343 GREENFIELD -1sz,46z - 152,870 - 137,554 -442,886 KING CITY -19o,m9 -1os,ses -s1,389----- --------378,253-- MARINA ................................ -369,287 -258,654 ................... -62,488 .............•--.. -690,430 MONTEREY -1,x52,287 -281.683 -238.096 -1.972ner; CiKUVE SALINAS -3o9a 673 -1,438,852 -254,486 -4,792,011 SAND CITY ... ............................................ ................ 155,434 ... -2,831 ..... -66.647 __..-•-•--••-----.. -224.912 SEASIDE . .. -619,904••••• ...................... _• 321:001 .................... -445,750 .................. -1,386,655 SOLEDAD .................... -223,946 •••••• ...... -260,723 .................... -88,851 ................... -573,520 unty of MONTEREY -7579982 -3,742,559 -248,345 -11,570,886 pedal Districts in MONTEREY County -4 757 714 , , ............... .................... - ,757.714 AMERICAN CANYON -aoa,97o -1x7,373 -552,3x3 CALISTOGA ...... .................... ........................ -182,767 ... -48.741 ••-------------- •------...-----•-- -231 509 NAPA ... - t 819,072 - 707,834 - 147,x84 , - 2,674,189 ST HELENA ................. ....... • -. ...................................... -292,169 -55.535 3a7,7oa . YOUNTVILLE - 127,086 -37,434 - 164,520 County of NAPA -2,257,384 -1,428,805 -3,686,189 pedal Districts In NAPA County - 271 840 - .................. ................. .. °..... °........' , _. ° ........ . ....... - 271.840 ............................................... 28.388 ................. 131,605.... -159.993 TRUCKEE ........... ....... ...................................... ...... - 594,117 - 147,263 - 74,384 - 815,764 ___unty of NEVADA -1007,094 -1,514,188 ................................. ~ -2,521,282 pedal Distrids in NEVADA County - 7 469 776 ................. , , - 7,469,776 Notes: , o Assumes $2.18 max proptaz shift. o Prop1A does not spedfy alloca8on. These #s assume allocation proportionate to ERAF III. Aduals may be higher/lower. me Aug08 REVISED californiacityfinance.com 9 of 20 Local Funds at Risk in the FY08-09 State Budget Standoff Estimated maximum exposure assuming property tax shifts allocated proportionate to ERAFIII Redevelopment #s from CalijRedevelopementAssn assumejlat % ofgross tax increment. Property Tax * Proposition 42 RedeveloomentTl ALISO VIEJO ------------ ----________._...........-..........-.. -szasl9 ..................... -ala,o2s ......-...........................--•-- -942x44 _ANAHEIM .......................• ---.... _ -7499,343 c ...-- •--.......---- -3,176,697 -1,728,465 -12,404,505 BREli __ ....... ............ ______________________-1,310,522 ...-.......... _ _..... -366,525 ........-................. ------ • ---... -997,763 -2,674,810 1.V.71H NICJH -3,928,731 1,046,210 -149,006 -5,123,947 CYPRESS -_-- -1167,667 ••----• -453,068 -244,150 -1,864,865 DANA POINT -alosl9 -339,645 -1,150,163 FOUNTAIN VALLEY -1,344,781 -530,813 -365,989 -2,241,583 FULLERTON -2,696,332 -1,262,815 -709,764 -4,868,912 GARDENGR VE -2938,520 -1,588,376 -941,654 -5,468,550 HUNTINGTON BEACH -a,997,aso :1,859,285 -590,046 -7,446,781 IRVINE • -4817,945 •-• - -1,857,713 -666,231 -7,341,888 LAGUNA BEACH - 1 423,971 _231,029 -1,bss,ool LAGUNAHILLS -963,782 -310,825 -1,274,607 GUNANIGUEL -l,nx,3a1 -612,324 -1,790,669 UNA W DS - 343,401 - 169,390 - 512,792 LA HABRA - 1.311,677 -574,406 -99,454 - 1,985,537 LAKE FOREST _ - 1 s9og2s -719,zaa - Isa,zls -2,464,424 LA PALMA -3x1,668 - 148,577 - 110,156 -640,401 ALAMITO - -332,516 -n1,6sa -aaa na MISS bN VIE.)O ------- -• ---- -• --- -" -""'--"-" --- -•.2,611,596 -909,563 -254,274 , -3,775,453 NEWPORT BEACH -asza,6o4 -na,x16 -s,3ozszo ORANGE ...................................... ~ - 3 560,595 : - 1,274,518 - 965,457 - 5,820,570 .... PLACENTI,4 ....... . ............ -1,036,432 ..................... -474,331 ..................... -94,565 .................. -1,605,328 RAN HO SANTA MARGARITA ~ -•~ : s7so66 -as7,osx - 1 332 IZa $Af+l CLENIEIVTE ~~~ ~ •---- ---•--• ---••- -------•• ---- , , ------ - SAN JUAN CAPISTRANO -1,519,718 -619,360 -92,216 ---- -2,231,294 -•••~• - --••--.-_----•-___-••.•_. _ 953:844 -33s,1o3 -273,sas -1,x62,496 -. SANTAANA -_.•--- -6477,060 -3,249,065 -2,081,094 -11,807,219 SEAL BEACH -630,725 -238,669 -128,927 -998,320 STANT N - 596,459 - 358,352 - 479,082 -1,433,893 TUSTIN -2024,669 -666,879 -689,185 -3,380,733 VILLA PARK -•-•• -133,osa - 57,46x __ -19osso WESTMIP(S`TER ~~-~~•~•-•~-~-~-•••'-" --" " -'- ' ---_ --• ------• 1,796,563 -853,754 - 1,416,766 -4,067,063 YORBA LINDA -1,437,929 -624,242 -842648 -2905019 County of ORANGE _______ __________ ______________ - 55461,722 _______~ - 17,649,863 - 1,067,427 - 74,179,0]2 Special Districts in ORANGE County .......................................................... - 115,965,038 .................... W____ ...................... ________________ .................... _ - 115,965,038 .................. COLFAX - 58 473 - 16,997 - 75,770 LINCOLN -310,767 -343,910 -94060 -748737 LOOMIS -141,902 -60,021 -201923 ranrizl Inl _-- --- ROSEVILLE -3x94491 -976,9oa -zxb,oss -a,as7,eso County of PLACER - 4 439 636 - 3,623,973 - 382,645 - 8,446,254 Specal Districts in PLACERCounty -~ - 9,335.430 __________ _________~--- q,;35,430 Notes: o Assumes $2.18 max proptaz shift. o Prop1A does not specify allow0on. These #s assume allocation proportionate to ERAF III. Aduals may be higherAower. me Aug08 REVISED taliforniacityfinancc.com 10 of 20 Local Funds at Risk in the FYO8-09 State Budget Standoff Estimated maximum exposure assuming property tax shifts allocated proportionate to ERAF III Redevelopment #s from CalifRedevelopement Assn assume flat % ofgross lax increment. Prouerty Tax * Proposition 42 RedeveloomentTI -City/County Borrowiae Borrowine Shift/Take Totsl PORTOLA -al,szs -20,666 -62,191 County of PLUMAS -476,132 -992,747 -1,468,879 Spedal Districts in PLUMAS County 571 760 •••--•••••••~~•-• ••••~~•• -•---••-• ............................................... , .................. -571,760 • BANNING ~ -4zz,oso -259,905 -215,182 -900,167 BEAUMONT -212160 -259,702 -160,756 -632,608 BLYTHE ... ..... ............... '332,314 207.992 .................... 187.862 ..............••- -728.168 CALIMESA ._.. - 143,792 ----... __.._.. - 68,34! ___...._ ----° - 28,174 °-----°•----•-• - 240,307 CANYON LAKE - Izz,azo - 100,838 - 223,658 CATHEDRAL CITY -903,686 -479,093 -1,112,918 -2,495,697 COACHELLA ............ -305,432 353,602 ................. -346,465 ..............•-- - 1,005 699 (:(1Rf1NG ---_••• •---.• ...... ..................... , .................. DESERT -1,170,509 -659,184 - -591,561 -2421,254 ~~~ INDIAN WELLS -334,196 -46,432 -1,470,496 -1,880,123 INDIO -884,036 -709,203 ----- --------517,365---•• __ -------2,110,604 LAKEELSINORE -602,122 -437,899 -896,396 -1,936,417 LAQUINTA -663,552 -377,759 -3,333,306 -4,374,617 MENIFEE ................................................._ MORENO VALLEY -•---....__....__..... _...._.__............ •---•- --------- -••-• o __ --•-- • -2,199,226 -1,659,024 762,832 - 4 621 082 MI IRRIFTA , , MDESERT -t,337,s1z -as7,37o -3,618,381 -5,313,563 PALM SPRINGS .................................. ......... - 1 787,634 - 430,766 - 638,327 - 2,856,727 PERRIS ......................................~.....................---• - - _ _ _ _ _ _ _ - 676,039 - 466,745 -440 s4 - 1.582.03R -~,aas,sox -2,678,823 -2,113,304 -10,275,495 SAN JACINTO -303493 -316,734 -233,909 -653,136 TFMFf:l 11 D .................................................................... "" `""~""" - 184,219 - 184,219 County of RIVERSIDE -28322,006 -14,191,813 -3,354,361 -45,868,170 - pedal Districts in RIVERSIDE County - 88,004,614 - 79,368 - 88,083,982 Notes: o Assumes $2.1B max proptax shift o Prop1A does not spedfy allocation. These #s assume alloca0on propor0onate to ERAF III. Aduals maybe higher/lower. me Aug08 REVISED californiacilyfinance.com 11 of 20 Local Funds at Risk in .the FY08-09 State Budget Standoff Es[imated maximum exposure assuming property tax shifts allocated proportionate to ERAFIII Redevelopment #s from CalifRedevelopement Assn assume flat % ofgross tax increment. Prooertv Tax * Proposition 42 RedeveloomentTI CITRUS HEIGHTS -19za643 -799,9as -89,131 -zso9,7zz ELK GROVE -1740,109 - 1 s3,17z -2,993,280 FOI-`SOM - 2,234,952 - 6x1 186 - 288 499 - 3 174 637 GALT - 318 799 - 216,751 - 121,811 - 656,360 ISLETON ...................................................... -18973 ...............t.... -7,769 -11,124 -37,856 RANCHO CORDOVA _... - 13ozsos ....._.._............_ - saz,9oz ....__........._..._ o .._._.......__..... -1,8as,ao7 SACRAMENTO -losaa,on -4,z96,xs6 -ISlo,61a -16,9x0971 County of SACRAMENTO ~-24,465,474 -10,971,163 -321,540 -35,758177 Spedal Districts in SACRAMENTO County : 6,64x_512 - 5,545,512 HOLLISTER -x69,055 -341823 -542664 -1,4x3,542 SAN JUAN BAUTISTA ---------------------- -3s,z9o -16,777 -szo67 County of SAN BENITO - 955,744 -803,940 - 1,7x9,684 Spedal DisVids in SAN BENITO County - 1,529,242 - 1,x29,242 Notes: o Assumes $2.18 max proptax shift. o Prop1A does not spedfy allocation. These #s assume allocation propor8onate to ERAF III. Aduals may be higher/lower. me Aug08 REVISED californiacityfinance.com 12 of 20 Local Funds at Risk in the FY08-09 State Budget Standoff Estimated maximum exposure assuming property tax shifts allocated proportionate to ERAF III Redevelopment #s from CalifRedevelopement Assn assume flat % oJgross tar increment. Proioerty Tax * Prooosidon 42 RedeveloomentTI ADELANTO -zol,aaa -249,489 -292,536 -743,469 APPLE VALLEY -7ssns -646 al -z1a,9ao -1,619,as6 BARSTOW -asa,l6a -zzo,loa -la7,s33 -851,809 BIG EAR LAKE -3oss7s -s7,a61 -zaz,3zo -6o7,9s6 CHINO -1667003 -746,692 -761,024 -3,074,719 CHINO HILLS -s9s37s -723,196 -1,618673 COLTON -920,530 -476170 -435282 -1831982 FONTANA - 1,983,297 - 1,669,817 -4028 488 - 7 681 602 GRAND TERRACE - Is6,7a9 - u3,9zo -z77s3s - sae,2o6 HESPERIA -781477 -789,468 -1,146,418 -2,717,313 HIGHLAND -605,327 -479,746 -380,625 -1,465,698 LOMALINDA -3ss,ao6 -zo6,39z -3os9rz -s7o,no M NTCLAIR -1,012,537 -336,666 ----- -484,799 ---------- - -1,834,002 NEEDLES - 106,127 -62,943 - 19,411 - 178,480 ONTARIO - a Ise sn -1,587,641 - 1,820,467 - 8,166,985 RANCHOCUCAMONGA -z,iss,zn -1saa,z39 -3,7a7,az6 -7,as9,9zz REDLANDS -16x2 ass -656,161 -261,638 -2,649,843 RIALTO - 1 a93,693 - 912,332 - 781,815 - 3,187,840 SANBERNARDINO -373s3os -1,asa,6ss -1,266,185 -6,886,147 TWENTYNINEPALMS -3as7s3 -263,626 -s6,13o -6ssso9 UPLAND -1,474,348 -691,029 -337,394 -2,502,771 RVILLE -1462,207 -942,632 ----~ ~~~~----337,750 -2,742,589 YUCAIPA -701,038 -476,060 -54,239 -1,231,327 YUCCA VALLEY - 396 a91 -193,ass - 77,567 -666,915 County of SAN BERNARDINO - 32,723,710 - 14,451,882 -460,830 - 47,636,422 Special Distdds in SAN BERNARDINO County -45,944,976 - -_ - - _ _ -_ 2.606.027 -48.551,003 Notes: o Assumes $2.1B max proptax shift. o Prop1A does not spedfy allocation. These #s assume alocation proponionate to ERAF III. Aduals maybe higher/lower. me Aug08 REVISED wliforniacityfinance.com 13 of 20 Local Funds at Risk in the FY08-09 State Budget Standoff Estimated maximum exposure assuming property tax shifts allocated proportionate to ERAF III Redevelopment #sjrom Ca[iJRedevelopementAssn assumeflat %ojgross tax increment. Property Tax * Prooosidon 42 RedeveloomentTl , ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,• -3,713,361 ~ -931,591 -141,408 --------------- -4,786,360 CHLILAVISTA -3701226 -2,093,456 -506,763 -6,301,447 CORONADO -1,088168 247,963 °•- -5 3 2 , 8 5 9 •-•••-••••••-----• -1,868,990 DEL MAR -262,161 ----_- _ -41,874 _ . _ _ . . ______ ~ ___-- _soa o3s ELCAJON -2,z6a,oae -696,184 -589,527 , -3,751,758 ENCINITAS -z3os,a9a _sel,s4o z ,69o,o3a ESCONDIDO -3osa 493 -1,303,457 _~ -973,553 _-__ _________ -5,361,503 IMPERIAL BEACH ...... ............•_...,,,,,,,,_,,,,,,,,, I A MFSA ,,•,,,,,•••••••••••,••- 378,156• ..... -255,372 ...................... .................... -314,357 .......... ........... ...........•---... -947,886 ................. - ost 892 - 235,267 - 116,129 -909,288 NATIONAL CITY -1aa67s7 -666,266 -575,019 -z,6oe,oal OCEANSIDE .................................................................. -3,482,631 - L62i RR9 _ aen ovv <.o~ ~~~ otii~u~r=ov -33759618 -12,105,686 --- -6,364,423 -52,229,727 SAN MARCOS - 1 163 736 - 733,712 - 2,567,078 - 4,464,525 CANTFF • .................................................................. - 530 308 - 123,471 - 26,008 - 679 787 VISTA .... ..................... , .................. ,,,,,,,,,,,,,,,,,,,,,,„---,,,,_,,, -1,806,461 -872,986 -664,375 -3,343,822 County of SAN DIEGO - 54 940 456 - 20,066,617 - 84,619 - 75,091,692 Speaal DistdIXS in SAN DIEGO County - 36 418 838 , , - 36,418,838 • FRANCISCO -19,198,463 -7,435,705 -3,152,82,5 -29,786,993 County of SAN FRANCISCO -31,135,296 -4,194,011 ------ -------------------• __ ----- _-35,329,307 - 132,960 - 65,188 _- 198_,168 --- LATHROP --- -332,693 -151,491 _ae<vr<a-- ---- - 1 399,583 - 582,790 - 1,982,374 _ STOCK - 221,975 - - 133,988 -_--_ - 192,431 -548,394 TON TRA -5413,(8! -2,664,031 _ _ -1,041,049 •••--•••••-•9,118,261 CY C - 1,648,437 - 745,617 " - 431,560 - 2,825,614 '-""'-'---'-'-•"'••• ounty of SAN JOAQUIN ................................................... ........°,_ 12,151.928 -5,753,922 •••• °••••••••• -17 905,850 SpeUal Districts in SAN JOAQUIN County - 8 388 404 , , - 8 388 404 Notes: o Assumes $2.1 B max proptax shift o Prop1A does rrot specity alloca8on. These #s assume allocation proportionate to ERAF III. Aduals may be highedlower. me Aug08 REVISED wlfforniacitytinance.com 14 of 20 Local Funds at Risk in the FY08-09 State Budget Standoff Estimated maximum exposure assuming property tax shifts allocated proportionate to ERAFIII Redevelopment #s from CalijRedevelopement Assn assumeJlat % ojgross tax increment. Pronertv Tax * Prooositioa 42 RedevelonmentTl Borrowing Borrowing Shift /Take Total rucrcvr~ ~rwrvvc .................................. ...................... : 486.624 ..... -154,066 -51,849 692,538 ATASCADERO _ .. ..... -663,279 ...................... -266,363 __.__ ............... -159,900 ________ ... -1,068642 EL PASO DE ROBLES -730,837 -271,322 - 149,323 - 1,181,482 R BREACH -nzz96 -121ss1 -44,679 -438,856 MORRO BAY -as6ns -96,729 -ss3so6 PISMDBEACH -361,745 -80,126 -41,294 -483,165 SAN LUIS OBISPO ............ ....... 1,360.308______ ______: 410,127. 1,770:435 County of SAN LUIS OBISPO -4,700,578 _ 3,386.537 ............ ...... _.. - 8,087,115 Specal Districts in SAN LUIS OBISPO County - 5,712,450 •5,712,450 ATHERTON -z7asn -6a,z4o -343,uo BELMONT -a9oasl -z3a,on -3zs,o7t -I,os6s9a BRISBANE -263,665 -34,832 -186,836 -485,233 ~.vuvv~ -503,626 - 14,644 - 518,270 DALY CITY - 2,055,630 - 971,929 - 271,714 - 3,303,273 EAST PALO ALTO - 539,875 - 299,968 - 366,099 - 1,205,941 FOSTER CITY -550,643 -278,263 -717,730 -1,546,636 HALF MOON BAY -zso,z3s - us,7oo -36s,93s rv~C~V LV rHr[n -1031,120 -287,392 -420,643 -1,739,155 MILLBRAE -464,396 -192,860 -159,269 -816,526 PACIFICA -807,996 -360,836 -12,147 -1,180,978 PORTOLAVALLEY -98,236 -42,463 -Iao,6es REDWOOD CITY -2902,749 -708,091 -404,597 -4,015,437 SAN BRUNO -986,290 -388,083 -263,680 -1,638,052 ~~~ -2,845,822 -878,024 -450,137 -4,173,963 SOUTH SAN FRANC~$CD -1968,695 -576,611 -976,679 -3,520,985 WOODSIDE - 145,479 - 51,150 - 196,629 County of SAN MATED - 13,409,754 - 6,266,120 - 18 676 874 Special Districts in SAN MATED County - 9,591,220 - 9,591,220 Notes: o Assumes $2.1B max proptax shift. o Prop1A does not specify alloca8on. These #s assume allocation propor0onate to ERAF III. Actuals maybe higherAower. me Aug08 REVISED californiacityfinance.com 75 of 20 Local Funds at Risk in the FY08-09 State Budget Standoff Estimated maximum exposure assuming property tax shifts allocated proportionate to ERAFIII Redevelopment #sjrom Ca[ijRedevelopementAssn assumeflat %ofgross tax increment. Property Tax * Proposition 42 RedeveloomentTl BUELLTON -154,534 -42,867 -22,282 -219,683 CARPINTERIA .................................................. -z6137s .................:........ -13a,oa9 ................ -395,465 GOLETA -327,574 ...... -277,344 ..................... -95,646 .................. -700,563 GUADALUPE -66,a3a -59,047 -4z,ass -167,939 LOMPOC -699,230 -389,048 -112,632 -1,200,909 SANTA BARBARA -2477,138 -865,558 -714,601 -4,057,297 SANTA MARIA -1,810,465 -830,432 -46167 -2,689,063 L ANG -171,420 -50,516 ------ --------------- _221,935 County of SANTA BARBARA - 7 788,714 - 3,536,802 - 205,722 - 11,531,238 Spedal Distdds in SANTA BARBARA County - 5,050,050 - 5,050,050 CAMPBELL -1,115,983 -365,403 -248,365 -1,729,752 CUPERTINO -1,237,193 -507,104 -7,951 -1,752,248 GILROY -1225653 -456,423 -1,682,077 LOS ALTOS --------- ---------------- ----------------- -so7ss6 ----------------- -256,360 - -1,066,216 LOS ALTOS HILLS -179,ozs - -79,IZa -------------------- -zss,la9 LOS GATOS - 939,979 - 270,339 - 315,290 - 1,525,608 MILPITAS -2004079 -611,960 -1,249,698 -3,865,737 MONTE SERENO -s6778 -32,773 -89,55( MORGAN HILL -685,921 -353,177 -1,171,476 -2,210,574 MOUNTAIN VIEW -zsrz,z66 -673,a9a -17asaz -3,720,605 PALO ALTO -3,086,890 . -575,620 .... . ........ ........ ................ . -3,662,510 SAN JOSE -22 197,667 - 8,950,969 -6,870,493 -38,019,130 SANTA CLARA -4,441,302 - 1,050,190 - 1,029,689 - 6,521,182 TOGA - 520,229 - 288,669 ------------------- - - 808,898 SUNNYVALE -a mz 74o -I,za7,6sa -2u,93a -5,562,358 County of SANTA CIARA -34,310,586 ... -10,885,885 .... ................. ................ .. -45,196,471 Spedal Disfrids in SANTA CLARA County - 58,242,120 ~ - 58,242,120 CAPITOLA -418173 -93,658 -95,318 -607,149 SANTA CRUZ -1625 az6 - s29,oss - 475,227 - 2,629,738 SCOTTSVALLEY - ----- -2ao,6s3 -1o6,a69 -zla,zos -565,729 ATSONVILLE ..................................................... -930,821 .......................... -471,215 ................. ------------------- -365,645 -1,767,681 County of SANTA CRUZ -4 866,846 .... - 2,322,788 ..................... -1,379,908 .................. - 8,569,542 Spedal Distdds in SANTA CRUZ County -2,597,580 -2,597,580 Notes: o Assumes $2.1 B max proptax shift. o ProptA does not spedfy allocation. These #s assume allocation proportionate to ERAF III. Aduals may be higherAower. me Aug08 REVISED californiacityfinance.com 16 of 20 Local Funds at Risk in the FY08-09 State Budget Standoff Estimated maximum exposure assuming property tax shifts allocated proportionate to ERAFIII Redevelopment #s from CalijRedevelopement Assn assume flat % oJgross tax increment. Property Tax * Proposition 42 RedeveloomentTI ANDERSON -164,253 -98,154 -28,379 -310,786 REDOING -z,lsa,6lz -s27,7sa -633,278 -3,645,674 SHASTA LAKE -136666 -9a,9ts -IZ3,4oa -3sa,17a County of SHASTA - 3:184,534 :2,814,264 - 5,998,798 SPedal Districts in SHASTA Counl .................. ............: 1,833.718..... ..................... ..-.................. .......- 1.833.718 LOYALTON -16,187 -6,163 -z4,3s1 County of SIERRA -74,102 -461,010 -535,112 Spedal Districts in SIERRA County ----------- --------------- 78,132 -78,132 DORRIS -13,317 -8,182 -21,498 DUNSMUIR - -33932 -17,678 -61,610 ETNA -13szs -7,ISO -21,oos FORT JONES -tas9z -6aos -zo797 MONTAGUE -z3s6a -t4,oo1 -37665 MOUNT SHASTA -99,299 -34,069 -133,368 TULELAKE -ISO79 -9,ala -za,a92 WEED -7z sap -z7sss -1ao,69s YREKA -213,459 -67,872 -281,331 County of SISKIYOU -993948 -1,931,468 -2,925,416 Spedal Districts in SISKIYOU County - 250,227 - 250,227 CtNI(.IA -1,147,659 ____ -256,632 __________________ _ -1,404,291 DIXON FAIRFIELD -as3,no -162,201 -9z,us -7os,os9 RIO VISTA -2247,uo -970,790 -1,4[8,206 -4,636,106 SUISUN CITY .................................. -131oza .................:......... -71,917 ...................... -34,376 ...•---........----. -237,319 ...........--•---• -301,835 -257,220 -693,434 -1,252,489 A ILLE -1,963,550 - 689,285 - 1,220,366 -4,073,202 VALLEJ - -- -2411796 --- ---- --- -1,116,260 - --~~- -147,060 -3,675,117 County ofSOLANO -7592,502 -3,249,174 -10,841,676 Spedal Districts in SOLANO County - 5,057,914 - 5,057,914 Notes: o Assumes $2.18 max proptax shift. o Prop1A does not spedfy allocation. These #s assume allocation proportionate to ERAF III. Actuals may be higher/lower. me Aug08 REVISED californiaciiyfinance.com 17 of 20 Local Funds at Risk in the FY08-09 State Budget Standoff Estimated maximum exposure assuming property tax shifts allocated proportionate fo ERAF III Redevelopment #s jrom CalifRedevelapement Assn assume flat %ofgross tar increment. Property Tax * Proposition 42 RedevelonmentTl CLOVERDALE -147,702 -78,297 -101,996 -327,995 COTATI ...................... -ta3,3as -69,269 :173,476 -386,131 ................... HEALDSBURG - ------ .................................... -283,796 ................ -107,659 ..... -344,675 .................. -736,131 PETALUMA --------------------- -1,386,916 -523,964 -640,297 -2,551,177 ROHNERT PARK -9a1,778 -395,547 -564,311 -1,901,636 SANTA ROSA -3892695 -1,452,357 -338,876 -5,683,928 SEBASTOPOL -zos,061 -r2.?39 _ 9as7z -3rz,lr2 SONOMA ...... -266,290 ........ ........ -91,424 ....... -224,449 -582,163 INDSOR -saa,oao -242,989 -146,289 -933,3 i9 778 I5 Spectal Districts in SONOMA County -9,793,298 -9,793,298 CERES • ....... ................. -586,373 ...................... -386,079 ..................... -276,345 .................. -1,248,797 HUGHS N -63,383 -56,326 -24,269 -143,978 ODESTO -a,z3s a34 -1,922,937 -225,177 -6,386,548 NEWMAN -no,as6 -94,706 -43,359 -248,551 OAKDALE -361,060 -nl,za7 -IZO,98o -6s3,zas PATTERSON -19asao - 191,904 - 17,048 -403,492 RIV RBANK -zsg,s4a -197,576 -55,711 -504 131 TURL Z' K , , -1123854 -637,268 -397,469 -2,158,591 WATERFORD - 65 737 -78,968 - 18,836 - 183,541 County of STANISLAUS -9,033,414 -4,813,435 -417,751 -!4,264,600 Spedal Districts in STANISLAUS County - 4,170,591 - 4 170 591 LIVE OAK -80341 -74,702 -155,043. YUBA CITY -1 n7,3aa - s7o,729 - 156,138 - 1,844,251 County of BUTTER - 1,528,702 - 1,490,213 - 3,018,915 Spedal Districts in BUTTER County -629,848 ~ - 629 848 , CORNING -178,467 -66,373 244,84p RED BLUFF -316,546 -126,054 -442,601 TEHAMA -aa96 -a,ov -asz2 County of TEHAMA -1,236,786 - 1,648,607 - 2,885,393 Spedal Districts in TEHAMA County -223,980 - 223,980 Courrty of TRINITY .......................... -209540 ............................... -898,485 ............................. -1,108,025 Spedal Districts in TRINITY County - 39,910 - 39,910 Notes: o Assumes $2.1B max proptax shift. o Prop1A does not spedty alloca0on. These #s assume allocation propor0onate to ERAF III. Aduals may be higher/lower. me Aug08 REVISED californiacityfinance.com 18 of 20 Local Funds at Risk in the FY08-09 State Budget Standoff Estimated maximum exposure assuming property tax shifts allocated proportionate to ERAFII/ Redevelopment #s from CalijRedevelopement Assn assume flat % ojgross tax increment. Prooerty Tax * Prooosition 42 RedeveloomentTl DINUBA -263,645 -183,878 -184,522 -622,048 EXETER ........: 131,446 -95,641 -33,350 :263,436 FARMERSVILLE -91,ns -96,214 . __. -27,961 _______ ___ -216,950 LINDSAY ...--- 122,199 ----- --------102.824 -61,116 286,138 PORTERVILLE -679,422 -473,136 -43,128 ....... .__ -1,196,686 TULARE ............................................ .........:szs,7zz -sla,zu -215,919 -1,668,861 VI$ALIA -2,048,288 -1,082,421 -306,160 -3,436,669 WOODLAKE -73,ou -67,973 -26,054 -167,038 Countyof TULARE ..................................... .........7.563.928 -6,624.407...._. ........162,28. 13,350.553 Spedal Districts in TULARE County ....................................................... - 2,608,252 ....................... ...................... .... .................... ...... -2,608,252 .................. SONORA -179,992 -44,163 -48,151 ______________ -272,306 ______ County of TUOLUMNE - (031,922 - 1,193,334 -2,225,256 Spedal Districts in TUOLUMNE County _ 1,616:628 - 1,616,628 CAMARILLO -1 ns,ass -bo3,o70 -zos,7s9 -1,984,31a FILLMORE -180,998 -140,166 -286,022 -607,186 MOORPARK -sl7 azo -332,327 -269,510 -1,119,267 OJAI -186,386 -74,978 -66,056 -326,418 OXNARD -3742,580 --- -1,774,222 - -736,334 - -6,253,136 PORT HUENEME -276,443 -206,337 -268,663 -740,433 SAN BUENAVENTURA -2869,363 -988,166 -126,596 -3,984,413 SANTA PAULA -abb,as3 -_269,363 -120,122 -855,958 SIMI VALLEY ...................................................... -2236677 ..........:............ -1,144,7x9 ... -804,377 -4,185,703 THOUSAND OAKS -3x61,275 ................... -I,na,3os .................... -so3,zss .................. -6,058,838 County of VENTURA -14,171,112 -5,756,754 -24,704 -19,952,570 Speaal Distdcts in VENTURA County -20,976,636 -47,062 -21,023,698 Notes: o Assumes $2.18 max proptax shift. o Prop1A does not spediy alloatlon. These #s assume alloca0on proportionate to ERAF III. Acluals may be higherAower. me Aug08 REVISED californiacityfinance.com 19 of 20 Local Funds at Risk in the FY08-09 State Budget Standoff Estimated maximum exposure assuming property tax shifts allocated proportionate to ERAFIII Redevelopment #s from CalifRedevelapement Assn assume flat %ajgross tax increment. Property Tax * Prooosiflon 42 RedeveloomentTl DAVI$ ...................................................... -1319,621 ..........:............ -596,975 .... -392,186 -2,308,782 WEST SACRAMENTO ...................................................... -1,370,673 ....................... .................. -413,023 ............ ..................... -770,203 .................. -2,553,899 WINTERS ___________________________ -105,361 .......... -64,158 .................... -89,196 .................. -258,715 WOODLAND -1,301,561 -496,974 -71,977 -1,87Q512 Countyof YOLO ....................................... ................ ........:3,470:158 ..... -2,088,370...... ................ .......-............. ......5,558.528 Special Districts in YOLO County _ 996,574 _ 996,574 MARYSVILLE -z66,ols - u7s63 -zos64 -aaa,743 WHEATLAND -3o u6 -3z,z9s -62,a11 County of YUBA -1,240,274 -1,110,475 -744 -2,351,493 Special Distrids in YUBA County ' Notes: o Assumes $2.1B max proptax shift. o Prop1A does not specify allocation. These #s assume allocation proportionate to ERAF III. Aduals may be highedlower. me Aug08 REVISED californiacityfinance.com 20 of 20 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 I I] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE AUGUST 12, 2008 - 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:15 P.M. -Closed Session of the City Council/Redevelopment Agency pursuant to Government Code Section: 1} Conference with real property negotiator pursuant to Government Code Section 54956.8 regarding real property negotiations of the 30 acres located at the north west corner of Diaz Road and Dendy Lane. The negotiating parties are the City of Temecula/Redevelopment Agency and RC Hobbs Company. Under negotiation are the price and terms of sale of the property. The City/Agency negotiators are Shawn Nelson, Bob Johnson, and Jahn Meyer. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance : 08-09 Resolution: 08-75 CALL TO ORDER: Mayor Mike Naggar Prelude Music: To be announced. Invocation: Pastor W. M. Rench of Calvary Baptist Church of Temecula Flag Salute: Council Member Washington ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONSIPROCLAMATIONS Certificate of Achievement to Daniel Runkel far attaining the rank of Eagle Scout 1 PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of July 8, 2008; 2.2 Approve the minutes of July 22, 2008. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS A5 SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of June 30, 2008 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of June 30, 2008. 5 Approve the Sponsorship Request for the 2008 Temecula Onstage Event RECOMMENDATION: 5.1 Approve the event sponsorship agreement in the amount of $7,500 cash and actual city support costs in the amount up to $6,025 for Temecula Onstage and authorize the Mayor to execute the Agreement. 6 Endorse and Support the Appointment to the Temecula Higher Education Foundation Board of Directors RECOMMENDATION: 6.1 Endorse and support the appointment of Mayor Naggar and Council Member Washington to the Temecula Foundation far Higher Education (the "Foundation") Board of Directors. 7 Support for Agent Orange Equity Act tFilner) - At the request of Mayor Naggar and Council Member Comerchero RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR THE AGENT ORANGE EQUITY ACT (FILNER), WHICH WOULD ENSURE THAT ALL VIETNAM VETERANS EXPOSED TO AGENT ORANGE RECEIVE THEIR EARNED BENEFITS 8 Support for 5B 1499 (Boxer & Feinstein) / HR 2548 (Solis} -Marine Vessel Emissions Reduction Act of 2007 RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR SB 1499 (BOXER & FEINSTEIN} / HR 2548 (SOL1S} WHICH WOULD SIGNIFICANTLY REDUCE EMISSIONS FROM MARINE VESSELS AFFECTING AIR QUALITY FOR SOUTHERN CALIFORNIA RESIDENTS 9 Support for SB 1646 (Padilla) -Clean Fuels Program Reauthorization RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR SB 1646 (PADILLA} WHICH WOULD CONTINUE TO FIND AND NURTURE CLEAN FUELS TECHNOLOGIES RELATED TO TRANSPORTATION AND STATIONARY SOURCES OF AIR POLLUTION 10 Mortgage Credit Certificate Program RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT CERTIFICATE {MCC} PROGRAM 11 Holiday Schedule for City Council Meetings RECOMMENDATION: 11.1 Direct the City Clerk to reschedule the regularly scheduled meeting of November 11, 2008 to November 18, 2008, and cancel the regularly scheduled meeting of December 23, 2008; and to perform the appropriate postings and noticing requirements of the Government Code. 12 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Temecula Parkway Re-striping of eight lanes from Interstate-15 to Pechanga Parkway - Prolect No. PW07-08 RECOMMENDATION: 12.1 Approve the Plans and Specifications for the Project; 12.2 Authorize the Department of Public Works to solicit construction bids for the Temecula Parkway Re-striping of eight lanes from Interstate-15 to Pechanga Parkway, Project No. PW07-08. 13 Roripaugh Ranch Project -City Construction of Priority Improvements with Bond Proceeds (CFD 03-02) RECOMMENDATION: 13.1 Receive and file this report providing an update on the status of the City's ongoing efforts to initiate construction of the Priority Public Improvements related to the Roripaugh Ranch CFD, (CFD 03-02}. 14 Purchasing Authorization for Reprographics Services -Old Town Civic Center - PW06-07 Phase 2 RECOMMENDATION: 14.1 Approve the purchasing authorization for reprographics services with OCB Reprographics for an amount not to exceed $50,000 for Old Town Civic Center {OTCC) Project, PW06-07 Phase 2. 15 Authorize Temporary Street Closure of Main Street between Old Town Front Street and Murrieta Creek for the "Temecula-On-Stage" event scheduled for August 30, 2008, and Delegate Authority to Issue a Special Events/Street Closures Permit to the Director of Public Works RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF MAIN STREET BETWEEN OLD TOWN FRONT STREET AND MURRIETA CREEK FOR THE "TEMECULA- ON-STAGE" EVENT SCHEDULED FOR AUGUST 30, 2008, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 16 Third Amendment to Agreement with Albert A. Webb Associates RECOMMENDATION: 16.1 Approve the third amendment to Agreement between the City of Temecula and Albert A. Webb Associates for consulting services for the Santa Margarita Ecological Reserve Annexation Area. 17 Second Reading of Ordinance No. 08-07 RECOMMENDATION: 17.1 Adopt an Ordinance entitled: ORDINANCE NO. 08-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.32 OF THE TEMECULA MUNICIPAL CODE TO UPDATE THE WATER EFFICIENT LANDSCAPE DESIGN STANDARDS 18 Second Reading of Ordinance No. 08-08 RECOMMENDATION: 18.1 Adopt an Ordinance entitled: ORDINANCE NO. 08-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE TEMPORARY USE PERMIT REQUIREMENTS, TO ALLOW MORE FLEXIBILITY IN THE NUMBER OF DAYS PER YEAR FOR OUTDOOR DISPLAY AND SALES, ALLOW SECOND DWELLING UNITS TO BE LOCATED WITHIN THE FRONT YARDS OF L-1, VL, RR, HR RESIDENTIAL ZONING DISTRICTS, ELIMINATE COVERED PARKING REQUIREMENT FOR CONGREGATE CARE FACILITIES, ALLOW FUTURE TENANT IDENTIFICATION SIGNS TO BE PERMITTED UPON ENTITLEMENT, PROVIDE ADDITIONAL STANDARDS FOR DETACHED TEMPORARY BANNER SIGNS, AND MAKE OTHER MINOR CLARIFICATIONS OR TYPOGRAPHICAL CORRECTIONS TEMECULA COMMUNITY SERVICES DISTRICT MEETING CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five {5) minute time limit far individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" farm to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CSD CONSENT CALENDAR 19 Minutes RECOMMENDATION: 19.1 Approve the minutes of July 22, 2008. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT TEMECULA REDEVELOPMENT AGENCY MEETING RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5} minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record RDA CONSENT CALENDAR 20 Minutes RECOMMENDATION: 20.1 Approve the minutes of July 22, 2008. 21 Amendment of the Residential Improvement Program for First Time Home Buyers RECOMMENDATION 21.1 Adopt a resolution entitled RESOLUTION NO. RDA 08- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A REVISED RESIDENTIAL IMPROVEMENT PROGRAM FOR FIRST TIME HOME BUYERS JOINT CITY COUNCIUREDEVELOPMENT PUBLIC HEARING 22 Owner Participation Agreement for Warehouse at Creekside Mixed Use Affordable Housing Project RECOMMENDATION: 22.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND THE WAREHOUSE AT CREEKSIDE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 22.2 That the Temecula Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND THE WAREHOUSE AT CREEKSIDE, LLC, A CALIFORNIA LIMITED COMPANY RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project{s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing 23 First Reading of the Amendment to the Citv of Temecula's Grading. Erosion. and Sediment Control Ordinance RECOMMENDATION: 23.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 18 OF THE TEMECULA MUNICIPAL CODE TO PROVIDE CONSISTENCY WITH THE ADOPTION OF THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE INCLUDING APPENDIX "J" AND TO MAKE OTHER MINOR CLARIFICATIONS AND CORRECTIONS CITY COUNCIL BUSINESS 24 Emergency Operations /Communication Update - at the request of Mayor Naggar RECOMMENDATION: 24.1 Receive and file. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, August 26, 2008, at 5:30 P.M., for a Closed Session with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. The entire agenda packet (including staff reports) may be available for viewing at City Hall- 43200 Business Park Drive, Temecula-and at the Temecula Library- 30600 Pauba Road, Temecula- during normal business hours. The packet will be available for viewing the Friday before the City Council meeting after 4:00 PM. You may access the packet on the City's website- cityoftemecula.org- which as well vNll be available the Friday before the City Council meeting after 4:00 PM. PROCLAMATIONS AND PRESENTATIONS ~ ~ ~ v ~ ~ G ~ t'~-. U ~ ~ ~~ ~ ~ ~ ~ ~ U ~, a~ ~ ~ . ~ ~ ~ U ~ ~ :~ Z ~ `-' ~ w ~ ~ ~ ~ s ~ ~ ~ O ~ W U ~ CJ ~ ti W O ~ o ~ x ~ . ~, ~ ~~o U, o W ,~ N z~~ ~ U ~ ~ ~ ~ '' ~ ~ ~ ~ w ~ ~ ~ d zoo "'v ~ ,~ ~ p ~ o ~ , =~ N ~ N ~ ~ ,~ ;~ N ~ ? ~, M ~ O~ ,.~ ~ rti U ` ` .-~ ~ ~ ~ N U ~ ti ~ ~-' ~ ~••a a ~ ~ ~ ~ ~ ~ ~ U p ~ O N t17 ,..~' ~ • *.~ ~ ~ G cu ~ A ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ .~ ~ ~ .~ ~ ~ ~ ~ ~ ~ ~ .~ ~ ~ ~ Q o ~ U cU N ~ CONSENT CALENDAR ITEM RI~J. 1 ITEM RI~J. 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JULY 8, 2008 The City Council convened in Closed Session at 5:00 p.m. and its regular meeting commenced at 7:00 p.m. on Tuesday, July 8, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Roberts, Washington, Naggar Absent: Council Members: None PRELUDE MUSIC The prelude music was provided by Bryce Johnson I NVOCATIO N The invocation was provided by Rabbi Barry Ulrych of Congregation B'Nai Chaim of Murrieta PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Comerchero Jazz Month Proclamation Continuing to celebrate the tradition of mainstream Jazz Music each July in the City of Temecula, Mayor Naggar proclaimed July, 2008, to be Jazz Month. Accepting the proclamation, Mr. Jon Laskin thanked the City Council for its continued support of the Temecula Valley International Jazz Festival. Certificate of Achievement to Katie Kearney Commending Ms. Kearney for achieving Teacher of the Year for 2008, Mayor Naggar presented her with a Certificate of Achievement who, in turn, expressed her appreciation of the Council's recognition. Fraud Awareness Presentation By way of PowerPoint Presentation, Mr. Giardinelli highlighted the various types of fraud: • Fraud for Housing • Fraud for Profit • Fraud Effects on our Community • Haw Fraudulent Transactions Lead to Foreclosure • Temecula has a Disproportionately Large Number of Foreclosures • City's Revenue Suffers • Overview of Schemes -Fraud for Profit - R:1Mi n utes1070808 • Ponzi Scheme -Local Case Study • A New Wave of Fraud • Foreclosure Scams -What Are They? • Foreclosure Scams Spotting the Signs • Partnering with the District Attorney's Office • Partnering with Realtors Senior Investigator Larsh echoed comments made by Mr. Giradinelli with respect to the scams of foreclosures. For Council Member Comerchero, Mr. Giradinelli noted that the Hope Now non-profit federal program is a legitimate corporation. Mayor Pro Tem Edwards relayed that the City of Temecula, in conjunction with the City of Murrieta, is working to provide information to residents with respect to the other foreclosure alternatives and relayed her desire to work with Mr. Giradinelli's organization. Mr. Giradinelli relayed his enthusiasm in partnering with the City of Temecula. The City Council thanked Mr. Giradinelli for his presentation. PUBLIC COMMENT A. Ms. Pam Grender, Temecula, commented on the City's successes and relayed her enthusiasm with the City's attempt to annex the southwestern portion of the City. B. Referencing the Habitat for Humanity Program, Mr. Gary Thornhill, Temecula, thanked the City Council for its continued support. C. Ms. Liz Bibb, Temecula, thanked the City Council for its support of the Habitat for Humanity project and announced the grand opening of Restore (affiliated with Habitat for Humanity) on Saturday, July 19, at 9:00 a.m., at 27479 Enterprise Circle. Council Member Comerchero commended the Habitat for Humanity program. CITY COUNCIL REPORTS A. Council Member Washington commended Director of Community Services Parker and staff for its efforts with respect to the Fourth of July events. B. Mayor Naggar echoed commendation to City staff for the Fourth of July event and its activities; invited the public to attend the City's Summer Sunsets Concert Series; noted that all concerts are free and held at the Community Recreation Center (CRC) amphitheater on Thursday evenings at 7:00 pm; and advised of the Moonlight Movies in the Park Services, Friday nights, at 6:30 PM, at various City parks. R:IMinutes1070808 2 CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 08-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Agreement for Parking Citation Processing RECOMMENDATION: 3.1 Approve the Professional Services Agreement between the City of Temecula and Data Ticket, Inc., for Parking Citation Processing in the amount of $50,000 for Fiscal Year 2008-09. 4 First Amendment to a Geotechnical and Material Testing RECOMMENDATION: 4.1 Approve the First Amendment to the Agreement with Leighton Consulting, Inc., for Professional Geotechnical & Material Testing Services, in the amount of $9,000 for the Old Town Infrastructure Projects PW06-07 (C & E) and authorize the City Manager to execute the Amendment. 5 Approval of the Pre-Qualified Contractors for Phase 2 of the Old Town Civic Center, Project No. PW06-07(Ph2) RECOMMENDATION: 5.1 Approve the list of contractors as Pre-Qualified Contractors eligible to submit bids for Phase 2 of the Old Town Civic Center Project. R:1Mi n utes1070808 3 6 Accept the Offers of Dedication and Quitclaim Storm Drain Easements for Temecula Creek Channel -Campanula Way Storm Drain to Riverside County Flood Control and Water Conservation District RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 08-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE OFFERS OF DEDICATION AND EXECUTING THE QUITCLAIM DEEDS WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT {RCFC&WCD) DRAINAGE EASEMENTS FOR TEMECULA CREEK CHANNEL -CAMPANULA WAY STORM DRAIN {TRACTS 24182-4, 24186,4 & 24188-1 PASEO DEL 50L DEVELOPMENT} 7 Contract Agreement for On-Call Traffic Signal Maintenance Services RECOMMENDATION: 7.1 Approve a contract agreement with Republic ITS to perform On-Call Traffic Signal Maintenance Services, for an amount not to exceed $50,000, and authorize the Mayor to execute the agreement. 8 Procurement of ShoreTel Phone Equipment for Offsite Facilities RECOMMENDATION: 8.1 Authorize the purchase of ShoreTel phone equipment far the total amount of $47,010.57, which includes shipping and applicable sales tax. 9 Procurement of Panasonic Toughbook Tablet PCs RECOMMENDATION: 9.1 Authorize the purchase of fifteen (15) Panasonic Toughbook Tablet PCs from GTSI Corp., for the total amount of $79,580.94. R:1Mi n utes1070808 10 Planning Application No. PA08-0081 -Specific Plan Amendment to the Temecula Regional Center (TRC) Specific Plan (Ordinance revision) RECOMMENDATION: 10.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE TEMECULA REGIONAL CENTER SPECIFIC PLAN (SP NO. 263) TO AMEND THE SIGN CRITERIA AND TO ALLOW DAY SPAS AS A PERMITTED USE IN PLANNING AREAS 1 AND 2 LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER ROAD AND YNEZ ROAD (PLANNING APPLICATION NUMBER PA08-0081) Item No. 11 was pulled for separate discussion; see page 6 11 Second Reading of Ordinance No. 08-04 RECOMMENDATION: 11.1 Adopt an ordinance entitled: ORDINANCE NO. 08-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.44 TO THE TEMECULA MUNICIPAL CODE RELATING TO THE MAINTENANCE OF RESIDENTIAL PROPERTIES AND THE REGISTRATION OF ABANDONED RESIDENTIAL PROPERTIES Item No. 12 was pulled for separate discussion: see page 6 12 Second Reading of Ordinance No. 08-05 RECOMMENDATION: 12.1 Adopt an ordinance entitled: ORDINANCE NO. 08-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10 TO THE TEMECULA MUNICIPAL CODE PROVIDING FOR CAMPAIGN DISCLOSURE REQUIREMENTS At this time, City Attorney Thorson introduced and read by title only Ordinance No. 08-03. MOTION: Council Member Comerchero moved to approve the Consent Calendar subject to Item Nos. 11 and 12 being pulled for separate discussion. Council Member Edwards seconded the motion and electronic vote reflected unanimous approval. R:1Mi n utes1070808 Discussed out of order 12 Second Reading of Ordinance No. 08-05 RECOMMENDATION: 12.2 Adopt an ordinance entitled: ORDINANCE NO. 08-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10 TO THE TEMECULA MUNICIPAL CODE PROVIDING FOR CAMPAIGN DISCLOSURE REQUIREMENTS Although Mayor Naggar was not in attendance of the June 24, 2008, City Council meeting, he advised that he had reviewed the meeting on the City's website; requested with respect to the campaign disclosure ordinance requirements, that the press be notified of the correspondence being forwarded to the Fair Political Practice Commission {FPPC). MOTION: Mayor Naggar moved to approve Consent Calendar Item No. 12. Council Member Comerchero seconded the motion and electronic vote reflected unanimous approval. 11 Second Readina of Ordinance No. 08-04 RECOMMENDATION: 11.2 Adopt an ordinance entitled: ORDINANCE NO. 08-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.44 TO THE TEMECULA MUNICIPAL CODE RELATING TO THE MAINTENANCE OF RESIDENTIAL PROPERTIES AND THE REGISTRATION OF ABANDONED RESIDENTIAL PROPERTIES City Manager Nelson provided a brief staff report (of record). A. Mr. Harry Garnett, Temecula, thanked the City Council for the proposed Ordinance and encouraged the City Council to move forward with staff's recommendation. At this time, City Attorney Thorson introduced and read by title only Ordinance No. 08-04. MOTION: Council Member Washington moved to approve staff recommendation. Council Member Roberts seconded the motion and electronic vote reflected unanimous approval. At 7:51 p.m., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:56 p.m., the City Council resumed with regular business. R:1Mi n utes1070808 PUBLIC HEARING 17 Weed Abatement Lien Resolution far Fiscal Year 2007-2008 RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 48-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2047-2448 Director of Building and Safety Harold provided a brief staff report (of record). At this time, the public hearing was opened and due to na speakers, it was closed. MOTION: Council Member Edwards moved to approve staff recommendation. Council Member Camerchero seconded the motion and electronic vote reflected unanimous approval. CITY MANAGER REPORT No report at this time. CITY ATTORNEY REPORT With respect to Closed Session, City Attorney Thorson advised that there was no formal action to report; that the one real estate item on the agenda will return to the City Council for consideration; and that with regard to the June 24, 2008 City Council meeting, had not participated in the Closed Session concerning the Warehouse at Creekside, LLC project. ADJOURNMENT At 8:00 p.m. the City Council meeting was formally adjourned to Tuesday, July 22, 2008, at 5:30 p.m. for a Closed Session, with regular session commencing at 7:00 p.m. City Council Chambers, 43200 Business Park Drive, Temecula, California. Michael S. Naggar, Mayor ATTEST: Michaela Ballreich, CMC City Clerk [SEAL] R:1Mi n utes1070808 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JULY 22, 2008 The City Council convened in Closed Session at 6:00 p.m. and its regular meeting commenced at 7:00 p.m. on Tuesday, July 22, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Roberts, Washington, Naggar Absent: Council Members: None PRELUDE MUSIC The prelude music was provided by Anthony and Ashley Agbay I NVOCATIO N The invocation was provided by Pastor Felicia Brown of Imani Church of God in Christ PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Edwards Salar Cuq 2008 Citv Council Traghv Presentation to Great Oak Hiah Schaal In appreciation of receiving first place in the Solar Cup 2008 event, Mayor Naggar presented Great Oak High School with the Mayor's Cup Award. Certificates of Achievement to Hiah Hopes Special Olvmgics Participants Mayor Naggar on behalf of the City Council commended the following individuals for the 2008 Summer Special Olympics Bocce Ball event; Special Olympics Gymnastic event; Aquatics event; and the High Hopes Band: • Matt Bell • Rebecca English • James Estrada • Jonathan Haller • Stacey Lahr • Sean Martin • Vince Ortega • Andrew Roberts • Hilda Bojorqvez, Coach • Nicci Klepper • Leslie Nogrady • Laura Smith • Mike Klepper, Coach • Marcia Nogrady, Coach R:1Mi n utes1072208 • Dough Bolt • Joes ate • Kristin Catel • Chris Higgins • Gigi Lacy • Jill Cate, Coach • Nicolette Condry • Nick Newman • Katie Pyrz • Scott Schmitzer • 5ehoon Yi • Linda Condry, Instructor • Karen Newman, Instructor • Pauletta Martin, Instructor Instructor Karen Newman thanked the City Council and staff for their ongoing support of the High Hopes Program. PUBLIC COMMENT A. Mr. Harold Adams, representing National Alliance on Mental Illness, relayed the importance of the City partnering with the development community to provide special need programs and affordable housing for special need individuals in the City of Temecula. Mayor Naggar suggested that Mr. Adams contact the City Manager with respect to his request. CITY COUNCIL REPORTS A. Referencing the Murrieta Creek Phase II improvements, Council Member Edwards advised that $5 million has been earmarked in the Federal Budget program and noted that she will keep the residents apprised of information on the budget approval as it becomes available. B. Explaining the future French Valley Parkway Interchange project, Mayor Naggar thanked the following individuals for their efforts in ensuring the future implementation of this project: • Congressman Daryl Issa • Director Division 1 Philip Paule • Assemblyman Kevin Jeffries • Assemblyman Randon Lane • Federal Highway Administration -Gene Fong • Caltrans District 8 Jamal EI-Saleh • City of Temecula Director of Public Works Bill Hughes • City of Temecula City Council Mayor Naggar requested that the City Manager agendize a report that will update the residents of Temecula on the City's Emergency Action Plan, as well as an update to the Santa Margarita Water Shed annexation process. Referencing energy efficiency, Mayor Naggar also requested that staff explore walking and/or biking opportunities for the Old Town area. R:1Mi n utes1072208 2 CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of June 10, 2008; 2.2 Approve the minutes of June 24, 2008. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 08-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Statement of Investment Policy RECOMMENDATION: 4.1 Adopt the Treasurer's Statement of Investment Policy which provides safety, liquidity, compliance, and yield for City funds. 5 City Treasurer's Report as of May 31, 2008 RECOMMENDATION: 5.1 Approve and file the City Treasurer's Report as of May 31, 2008 R:1Mi n utes1072208 3 6 State of California Department of Alcoholic Beverage Control Grant Assistance Program RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 08-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT FROM THE STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL GRANT ASSISTANCE PROGRAM 6.2 Increase estimated General Fund Grant Revenue by $76,262; 6.3 Appropriate $76,262 from General Fund Grant Revenue to the Police Department. 7 Authorization of Special Tax Levu in Community Facilities District No. 88-12 (Ynez Corridor} RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 08-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 {YNEZ CORRIDOR) 8 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Old Town Civic Center Project, Project No. PW06-07 RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 08-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE PLANS AND SPECIFICATIONS FOR THE OLD TOWN CIVIC CENTER PROJECT (PW06-07) AND AUTHORIZING THE SOLICITATION OF CONSTRUCTION BIDS 9 Second Amendment to Agreement for Professional Engineering Design Services for the Pavement Rehabilitation -STPL Project, Project No. PW06-14 RECOMMENDATION: 9.1 Approve the second amendment to the agreement with Harris & Associates for the Pavement Rehabilitation -STPL Project, Project No. PW06-14, for an amount not to exceed $22,950 and authorize the Mayor to execute the amendment; 9.2 Extend the term of the agreement with Harris & Associates to expire on December 31, 2008. R:1Mi n utes1072208 10 Acceptance of Improvements and Notice of Completion for the Citywide Concrete Repairs FY 2007-08, Project Na. PW08-01 RECOMMENDATION: 10.1 Accept the construction of the Citywide Concrete Repairs FY 2007-08, Project No. PW08-01, as complete; 10.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond and accept a one {1) year Maintenance Bond in the amount of 10% of the contract amount; 10.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 11 Fair Political Practices Commission Letter tat the Request of Mayor Naggar} RECOMMENDATION: 11.1 Approve sending a letter to Chairman Ross Johnson, Fair Political Practices Commission requesting revision to disclosure requirements of independent committees in local elections. 12 Approve Temporary Staffing Support Services RECOMMENDATION: 12.1 Approve on an annual basis, temporary staffing support services with AppleOne for $165,000; Manpower for $110,000; Kimco for $55,000; and TriStaff for $55,000. 13 Second Amendment to Agreement for Weed Abatement with Inland Empire Property Services, Inc. RECOMMENDATION: 13.1 Approve a second amendment to the agreement with Inland Empire Property Services Inc., to provide weed abatement for Fiscal Year 2007/2008 in the amount of $10,000 for a total agreement amount of $50,000. 14 Second Reading of Ordinance No. 08-03 RECOMMENDATION: 14.1 Adopt an Ordinance entitled: ORDINANCE NO. 08-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE TEMECULA REGIONAL CENTER SPECIFIC PLAN {SP NO. 263) TO AMEND THE SIGN CRITERIA AND TO ALLOW DAY SPAS AS A PERMITTED USE IN PLANNING AREAS 1 AND 2 LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER ROAD AND YNEZ ROAD (PLANNING APPLICATION NUMBER PA08-0081) R:1Mi n utes1072208 5 MOTION: Council Member Washington moved to approve the Consent Calendar. Council Member Roberts seconded the motion and electronic vote reflected unanimous approval. At 7:35 p.m., the City Council convened as the Temecula Community Services District, the Redevelopment Agency, and the Temecula Public Finance Authority. At 7:45 p.m., the City Council resumed with regular business. PUBLIC HEARING 32 Adopt updated Water Efficient Landscape Design Standards RECOMMENDATION: 32.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.32 OF THE TEMECULA MUNICIPAL CODE TO UPDATE THE WATER EFFICIENT LANDSCAPE DESIGN STANDARDS By way of PowerPoint Presentation, Associate Planner Peters highlighted the Water Efficient Landscape Ordinance (as per staff report}. With respect to Active Use in Residential areas, Associate Planner West noted that the Active Use area can be defined as the entire yard which would be intended for play. At this time, the public hearing was opened and due to no speakers, it was closed. Far Council Member Roberts, Associate Planner West informed that the proposed Ordinance would apply to commercial as well as residential; that water agencies will issue a public service announcement that will describe the violation and citation process; and advised that Rancho California Water District will provide a rebate program that will contribute to the offset of the smart controller device for commercial and residential. In response to Mayor Pro Tem Edwards' query, Director of Planning Ubnoske advised that water efficiency would be part of the City's Sustainability Plan and that staff is currently researching opportunities to utilize reclaimed water for residential landscaping uses. At this time, City Attorney Thorson introduced and read by title only Ordinance No. 08-07. MOTION: Mayor Pro Tem Naggar moved to approve staff recommendation. Council Member Roberts seconded the motion and electronic vote reflected unanimous approval. 33 Proposed Development Cade Amendments to Add New Policies and to Clarify Existing Provisions of the Development Code (LR08-0032) RECOMMENDATION: 33.1 Introduce and read by title only an ordinance entitled: R:1Mi n utes1072208 6 ORDINANCE NO. 08-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE TEMPORARY USE PERMIT REQUIREMENTS, TO ALLOW MORE FLEXIBILITY IN THE NUMBER OF DAYS PER YEAR FOR OUTDOOR DISPLAY AND SALES, ALLOW SECOND DWELLING UNITS TO BE LOCATED WITHIN THE FRONT YARDS OF L-1, VL, RR, HR RESIDENTIAL ZONING DISTRICTS, ELIMINATE COVERED PARKING REQUIREMENT FOR CONGREGATE CARE FACILITIES, AMEND SIGN STANDARDS TO PROHIBIT ADVERTISING A BRAND NAME PRODUCT ON PERMANENT SIGNS (EXCEPT WHEN THE BRAND NAME PRODUCT IS THE PRIMARY NAME OF THE BUSINESS BEING ADVERTISED}, ALLOW FUTURE TENANT IDENTIFICATION SIGNS TO BE PERMITTED UPON ENTITLEMENT, PROVIDE ADDITIONAL STANDARDS FOR DETACHED TEMPORARY BANNER SIGNS, AND MAKE OTHER MINOR CLARIFICATIONS OR TYPOGRAPHICAL CORRECTIONS Junior Planner Lowrey, by way of PowerPoint Presentation, highlighted the following main components of staff's report: • Background • Minor Temporary Use Permit • Permanent Sign Standard • Future Tenant Identification Sign • Detached Temporary Banners • Detached Temporary Sign • Second Dwelling Units Guests Houses • Congregate Care • Clarifications Far Council Member Comerchero, Assistant City Manager Adams noted that Code Enforcement will be addressing the removal of illegal banners and signs. In response to Mayor Pro Tem Edwards, Junior Planner Lowrey advised that the applicant of requested signage would be held accountable for obtaining all necessary permits for the installation of such signage. The City Council thanked Ms. Lowrey for her presentation. At this time, the public hearing was opened. A. Understanding the intent of the Ordinance, Mr. Rocky Osborn, representing Affordable Portables, an AT&T authorized retailer, relayed his concern with the language in the Ordinance that prohibits advertising brand name products on permanent signage except when the brand name product is the primary name of the business; noted that his company carries many brand names, but that Affordable Portables would not be advertising any brand names; relayed the importance of being able to advertise Affordable Portables - an AT&T authorized retailer, not just Affordable Portables; stated that it would be important that staff understand that the applicant is not advertising any brand names, but rather the care of the business. For Mayor Naggar, Junior Planner Lowery informed that permanent signage would be a monument or wall sign, and noted that window poster signs would not be prohibited from being posted on windows. R:1Mi n utes1072208 Junior Planner Lowery advised that existing businesses have been grandfathered into the Development Code and would not be affected by the proposed Ordinance. Understanding the intent of the Ordinance, Council Member Washington noted that it would be his opinion that there may be some room for flexibility to address Mr. Adams' concern and, thereby, allow a portion of his business name to be added to the signage. Referencing Council Member Washington's query, City Attorney Thorson Hated that if it were the desire of the City Council to modify the language allowing for more flexibility, the Ordinance could be referred to the Planning Commission for revision. Junior Planner Lowrey stated that the Development Code would exclude or prohibit a "slogan sign"; that staff's concern would pertain to brand names; and that the matter may be referred to the Planning Commission for revision and then reconsidered by the City Council. Understanding the objective of the Ordinance, Council Member Comerchero relayed that it would be his opinion that the Ordinance would be too restrictive; that the City Council should be exploring opportunities to encourage businesses to succeed and not discourage them; and relayed that it would be his desire to impose signage that would follow the square footage requirements already in place. Agreeing with Council Member Comerchero's comments, Mayor Pro Tem Edwards noted that the Ordinance be readdressed to reflect specific guidelines imposing that signage meet square footage requirements. Referencing Mr. Osborn's request, Council Member Roberts relayed that he would concur with Council Member Washington's comments and would be willing to work with the applicant in achieving his ultimate goal. Council Member Comerchero reiterated that it would be his opinion that it would Hat be the City's position to dictate the verbiage placed on signage but would agree that the applicant should comply with the City's sign standards and square footage requirements. City Attorney Thorson recommended that Section 8 of the Ordinance be deleted and that staff and two Council Members work on revising the language in the Ordinance. Council Member Washington and Council Member Comerchero agreed to work with staff on the revision of Section 8 of this Ordinance. City Attorney Thorson advised that the revised language be forwarded to the Planning Commission before returning to the City Council for reconsideration. At this time, City Attorney Thorson introduced and read by only Ordinance No.08-08. MOTION: Council Member Washington moved to approve staff recommendation subject to intentionally deleting Section 8; that he, along with Council Member Comerchero work with staff on revision the language of Section 8 of the Ordinance; and that the revision be forwarded to the Planning Commission prior to the City Council reconsider the matter. Council Member Comerchero seconded the motion and electronic vote reflected unanimous approval. R:1Mi n utes1072208 CITY COUNCIL BUSINESS 34 Development of a City Sustainability Program Plan (Long Range Planning Project Number LR08-0007), which includes recommendations for endorsement of the California Green Builder rating system for residential homes and a Municipal Green Building Policy (LR08-0001) RECOMMENDATION: 34.1 Provide staff direction to continue with the develapment of a City Sustainability Plan as outline by staff; 34.2 Adopt a resolution entitled: RESOLUTION NO. 08-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENDORSING THE CALIFORNIA GREEN BUILDER PROGRAM (CGB) FOR NEW SINGLE-FAMILY RESIDENTIAL PRODUCTION HOMES, AND REQUIRING ALL NEW CONSTRUCTION AND ADDITIONS TO CITY OWNED FACILITIES TO BE DESIGNED AND CONSTRUCTED TO ACHIEVE A MINIMUM LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFIED RATING (LONG RANGE PLANNING NUMBER LR08-0001 Associate Planner West, by way of PowerPoint Presentation, highlighted the main components of the Sustainability Plan Structure: • Temecula Sustainable Action Plan • Mission Statement • Five Guiding Principles • Seven Core Categories • Goals • Implementation • Progress Report • Timeline By way of PowerPoint Presentation, Assistant Planner Lecomte highlighted the Green Building Program: • Framework o Policies o Standards o Outreach and Education • Voluntary • Single Family Residential Production Homes • Third Party Verification by a Certified Rater • Municipal Green Building Code • Recommendation Referencing Mayor Naggar's query, Associate Planner West advised that although the City, at this time, would not have its own method of measuring a cost benefit analysis of going green over the life span of a building, there are programs that would accomplish this. R:1Mi n utes1072208 9 Mayor Naggar requested that when this item is brought back, that a cost benefit analysis method be brought forward to review. Associate Planner West advised that there is a City that is currently implementing a net zero system that would, in time, eliminate a utility bill for a home owner; and that the State's school system is currently working on implementing a net zero system as well. Council Member Washington advised that Woodside Homes recently hosted a Solar Expo which offers a $30,000 solar package incentive to potential home buyers. In response to Mayor Naggar's query, Assistant City Manager Johnson advised that the Green Builder Program item is expected to return to the City Council with a series of recommendations that may include Ordinances and/or policies; noting that staff will have more information after the State updates its policy with respect to water and energy efficiency; and that a City Council subcommittee will be needed as staff proceeds fon~vard with the Ordinance. City Attorney Thorson advised that the Leadership in Energy and Environmental Design (LEED) certified level for the City of Temecula buildings is mandatory and will go into effect when the above-mentioned Ordinance is adopted. Offering more information, Assistant City Manager Johnson advised that although the future Civic Center will be LEED certified and will be energy efficient, the architects for the future Civic Center stated that there would be a potential for the Civic Center to be at LEED Silver level. City Manager Nelson stated that a cost benefit analysis will be performed with every new facility built in the City of Temecula to ensure that the City is environmentally sensitive and to obtain a tangible rate of return of going green; advising that the whole process will be an ongoing process that will continue for many years to come. Thanking staff for the PowerPaint Presentation, Council Member Comerchero relayed his enthusiasm of bringing this Ordinance to fruition; and advised of his desire of adding a fiscal impact section to all staff reports pertaining to the Green Building Ordinance. Mayor Naggar requested that with the implementation of the Green Building Ordinance, that the developer provide the consumer a quantifiable cost benefit of purchasing a LEED certified home. Commenting on the future ad hoc committee regarding the Green Building Ordinance, Mayor Naggar requested that two City Council Members, two Planning Commissioners, and one Public Traffic Safety Commissioner partake in the process. Council Member Roberts and Council Member Washington both expressed their desire to serve on the future ad hoc committee for the Green Building Ordinance. Mayor Naggar stated that if the remaining City Council Members have ideas and suggestions with regard to the Green Builder Program Ordinance that they be fonnrarded to the ad-hoc committee. MOTION: Mayor Naggar moved to approve staff recommendation and appoint City Council Member Roberts and City Council Member Washington to ad hoc committee. Mayor Pro Tem Edwards seconded the unanimous approval. serve on the Green Builder Program motion and electronic vote reflected R:IMinutes1072208 10 CITY MANAGER REPORT No report at this time. CITY ATTORNEY REPORT With respect to Closed Session, City Attorney Thorson advised that no action was taken with respect to the two real estate items and the potential litigation item; and advised that because Council Member Roberts serves on the Board of Habitat for Humanity, he did not partake nor attend Closed Session with respect to the Pujol property. ADJOURNMENT At 9:03 p.m. the City Council meeting was formally adjourned to Tuesday, August 12, 2008, at 5:30 p.m. for a Closed Session, with regular session commencing at 7:00 p.m. City Council Chambers, 43200 Business Park Drive, Temecula, California. Michael S. Naggar, Mayor ATTEST: Susan Jones, MMC City Clerk [SEAL] R:1Mi n utes1072208 11 ITEM RI~J. 3 Approvals City Attorney S~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: August 12, 2008 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Leah Thomas, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- 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: Resolution List of Demands RESOLUTION NO. a8- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLON-ING 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 $11,304,817.37. 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 12th day of August, 2448. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 48- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of August, 2448, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY QF TEMECULA LIST OF DEMANDS 07/17/2008 TOTAL CHECK RUN: $2,491,293.53 07/24/2008 TOTAL CHECK RUN: $5,866,915.20 07/31/2008 TOTAL CHECK RUN: $2,381,884.95 07/24/2008 TOTAL PAYROLL RUN: $564,723.69 TOTAL LIST OF DEMANDS FOR 08!12!2008 COUNCIL MEETING: $11,304,817.37 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 4,026,066.23 165 RDA LOW/MOD - 20% SET ASIDE 24,346.25 190 TEMECULA COMMUNITY SERVICES DISTRICT 334,522.27 192 TCSD SERVICE LEVEL B 69,769.10 193 TCSD SERVICE LEV-EL"C" LANDSCAPE/SLOPE 42,743.28 194 TCSD SERVICE LEVEL D 2,328,561.23 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 13,765.60 197 TEMECULA LIBRARY FUND 17,019.80 210 CAPITAL IMPROVEMENT PROJECTS FUND 1,895,684.44 280 REDEVELOPMENT AGENCY - CIP PROJECT 12,739.55 300 INSURANCE FUND 23,488.77 310 VEHICLES FUND 8,082.76 320 INFORMATION SYSTEMS 43,905.84 330 SUPPORT SERVICES 7,752.57 340 FACILITIES 23,439.82 380 RDA DEBT SERVICE FUND 1,730,779.16 460 CFD 88-12 DEBT SERVICE FUND 1,754.84 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 3,754.64 473 CFD 03-1 CROWNS HILL DEBT SERVICE FUND 2,904.05 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 525.98 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 3,651.50 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 2,217.44 477 CFD- RORIPAUGH 122,618.56 $10,740,093.68 001 GENERAL FUND $ 341,317.98 165 RDA LOW/MOD - 20% SET ASIDE 7,706.54 190 TEMECULA COMIvIL]NITY SERVICES DISTRICT 156,127.39 192 TCSD SERVICE LEVEL B 131.83 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 5,956.89 194 TCSD SERZnCE LEVEL D 1,268.12 196 TCSD SER~nCE LEVEL "L" LAKE PARK MAINT. 1,660.83 197 TE1~rIECULA LIBR.-'CRY FUND 401.19 280 REDEVELOPIUIENT AGENCY -CIP PROJECT 5,136.92 300 INSURANCE FUND 1,475.89 320 INFORMATION SYSTEMS 29,293.76 330 SUPPORT SERVICES 4,413.03 340 FACILITIES 9,833.32 564,723.69 TOTAL BY FUND: $11,304,817.37 apChkLst Final Check List Page: 1 07!1712008 3:54:4 5PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 125315 07/17/2008 D11984 AMAZE IN TIME INC inflatable maze: 4th July 700.00 700.OD 125316 07117!2008 005058 ADAMS, AARON refund: Summer Camp 714 70.00 70.00 125317 07117!2008 011937 ADDISON EQUIPMENT RENTAL May Co#1 Const:Tcc Expansion 6,630.84 6,630.84 125318 07/17!2008 008698 ADVANCED APPLIED MaylJun eng svc:795 park & ride 7,510.00 7,510.00 ENGINEERING 125319 07117!2008 000101 APPLE ON E INC temp help ppe 06!28 Tuley-Fuson 563.25 temp help ppe 6128 Delaney, S 65.52 628.77 125320 07!17!2008 008605 BONTERRA CONSULTING May Silt Removal Svc:Rrsp Channel 2,475.00 May Silt Removal Svc:Rrsp Channel 9,862.50 12,337.50 125321 D7l1712008 OD0128 BROWN & BROWN OF CALIF INC 08109 Ins policy renewal 12,863.91 12,863.91 125322 07/17/2008 012130 BUILD IT GREEN Green Point Trng:7128-8/2 SnDiego 1,8DO.OD 1,800.OD 125323 07!17!2008 OD6908 C C & COMPANY INC entertainment:Family Fun Nt 5130 350.00 350.OD 125324 07/17/2008 003138 CAL MAT PW patch truck materials 255.19 255.19 125325 07117!2008 011260 CALIF SCHOOL RESOURCE csroa 8126-28:Adner/MarquezlSalas 885.00 885.00 125326 07117!2008 D04228 CAMERON WELDING SUPPLY Helium tanks rentallrefill:TGSD 41.80 41.80 125327 07/17/2008 008644 CANTRELL, ROGER, AIA, AICP Jun Design Cnslt Svcs: Planning 10,658.OD 10,658.OD 125328 D7l1712008 OD0131 CARL WARREN & COMPANY INC Jun claim adjuster services 2,326.50 2,326.50 125329 07/17/2008 012132 CASTRO, DAVID L. Temp:RightlEntry PWOfr0711 8,OOO.OD 8,OOO.OD 125330 07/17!2008 009640 CERTIFION CORPORATION Jun investigative dbase svc:PD 167.90 167.90 125331 07117!2008 004609 CINTAS DOCUMENT Jun doc shredding svcs:Citywide 55.00 55.00 MANAGEMENT Page:1 apChkLst Final Check List Page: 2 07/17/2008 3:54:4 5PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125332 07117!2008 005708 CLEAR CHANNEL Radio broadcasting:St Paint Pest 1,000.00 1,000.00 BROADCASTING INC 125333 07117!2008 011210 COLLINS, ELSA refund: Bowers Museum 9!9/08 24.00 24.00 125334 07/17/2008 003962 DAVID NEAULT ASSOCIATES IN G Jun Idscp insp svcs:Pechanga II 150.00 150.00 125335 07/17/2008 002701 DIVERSIFIED RISKhiU6 INT'L Jun special events premiums 2,179.04 2,179.04 125336 07/17/2008 003223 EDAW INC May habitat mtgation:LgCyn basin 7,349.11 7,349.11 125337 07/1712008 001056 EXCEL LANDSCAPE Plant material replacement:slopes 11,988.00 Mainline repairs:medians & parks 174.49 12,162.49 125338 07/1712008 003747 FINE ARTS NETWORK sttlmt: Rigoletto 718-719 1,960.80 1,960.80 125339 07/17/2008 011979 FLORENTINE FLOORS INC floor installation: Stn 84 9,202.36 9,202.36 125340 07/17/2008 012128 FRED HUTCHINSON CANCER F.Hutchinson Cancer Rsrch Ctr 100.00 100.00 125341 07/17/2008 004178 FREEDOM SIGNS Signage:Jack's Nuts 42072 5th St 4,848.75 Signage:Gordon Spec 42072 5th St 4,741.00 9,589.75 125342 07/1712008 011967 FULL VALUE ENTERTAINMENT sttlmt: Live at the Merc 7111 273.00 273.00 125343 07/17!2008 010326 G E TONICS INC equip maint: Stn 73 52.00 equip maint: Stn 73 23.71 75.71 125344 07/17/2008 000173 GENERAL BINDING binding supplies:central srvcs 1,356.04 1,356.04 CORPORATION Paget apChkLst 07/17/2008 3:54:45PM Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125345 07117!2008 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Central Svcs 188.58 ING Office Supplies: Council 458.96 Office supplies: HR 550.48 Office Supplies: City Clerk 227.28 Office Supplies: City Clerk 446.91 Office Supplies: Planning 702.07 Office Supplies: B&S 92.71 Office Supplies: CRC 517.18 Office Supplies: Fire Dept 968.56 Office Supplies: Paramedics 148.38 Office Supplies: TCSD 1,273.73 Office supplies: MPSC 84.56 Office Supplies: PW 255.11 Office Supplies: Library 990.42 Office Supplies: Finance 227.66 Office Supplies: Info Sys 173.38 7,305.97 125346 D7/1712008 000186 HANKS HARDWARE ING Hardware supplies: PW Old Twn 12.87 Hardware supplies: Library 11.84 24.71 125347 D7/1712008 012136 HEAD, BRYAN Refund: Swim Lessons Caleb 36.00 36.00 125348 07/17/2008 001135 HEALTHPOINTE MEDICAL Emp Industrial Gare Svcs: Hr 75.00 75.00 GROUPING 125349 07/1712008 009569 HEARTWOOD CONSTRUCTION refund:29060 Vallejo Ave 995.00 995.00 125350 07/1712008 012135 HOFFMAN, DEBRA refund: Park rental 813 100.00 100.00 125351 07/17!2008 007618 HOT AUGUST NIGHT Entertainment:Summer Concert 7/24 1,200.00 1,200.00 125352 07/17/2008 0044D6 IGOE & COMPANY ING Jun flex benefit plan pmt 397.50 397.50 125353 07!1712008 009693 INLAND VALLEY CLASSICAL sttlmt:Snow White 7/3, 5-6 6,740.63 6,740.63 BALLET 125354 07/17/2008 010676 INTERWEST CONSULTING Jan plan check svcs: B&S 67,064.73 67,064.73 GROUPING 125355 07/17/2008 D03296 INTL CODE COUNCIL Publications: B&S 208.45 Publications: B&S 1,549.08 1,757.53 125356 07117!2008 004862 INTL PAVEMENT SOLUTIONS IN G Jul pgrss #2:City concrete repairs 20,109.15 Jun concrete repairs:Citywide 76,944.40 retention w/h Jun cancrete -7,694.44 89,359.11 Page:3 apChkLst 07/17/2008 3:54:45PM Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125357 07117!2008 001186 IRWIN, JOHN TCSD instructor earnings 98.00 98.00 125358 07!1712008 OD4813 JOLLY JUMPS Jolly jump rental: 4th July 3,370.00 3,370.OD 125359 07/17!2008 OD1091 KEYSER MARSTON ASSOCIAT ES Jun cnslt svcs:RDA housing 2,935.00 INC Jun cnslt svc: Civic Gtr 1,824.79 4,759.79 125360 07/17/20D8 OD6302 KIDZ LOVE SOCCER, ING TCSD instructor earnings 200.90 TCSD instructor earnings 143.50 TCSD instructor earnings 287.00 TCSD instructor earnings 373.10 TCSD instructor earnings 487.90 TCSD instructor earnings 545.30 TCSD instructor earnings 172.20 TCSD instructor earnings 114.80 TCSD instructor earnings 401.80 TCSD instructor earnings 516.6D 3,243.10 125361 07/17!2008 009014 KIMOS HAWAIIAN SHAVE IGE Refreshments:Emp luncheon 7/15 350.00 350.00 125362 07117!2008 OD9841 KNIPPEL, LYNNANNE Refund: Swim Lessons Ryan 36.00 36.00 125363 07/17/2008 OD4551 KR NIDA COMMUNICATION desktop telephone: City EOC 8,215.94 8,215.94 125364 07/17!2008 006744 LAMAR CORPORATION, THE Jun Billboard Advertising: Rda 300.00 300.00 125365 07117!2008 004412 LEANDER, KERRY D. TCSD instructor earnings 2,726.50 2,726.50 125366 07/17!2008 012134 LEE, ANTHONY refund: "Clifford/Baby Block" 14.98 14.98 125367 07117!2008 008414 LICITRA, ALDO reimb: REA license fee D8109 100.00 100.OD 125368 07/17/2008 D08257 LOYA, MARIANO Bilingual assessment testing: HR 280.OD 280.OD 125369 07117!2008 004141 MAINTEX INC Custodial Supplies:T. Museum 514.01 Custodial Supplies:Old Town 61.76 575.77 125370 07/17!2008 001967 MANPOWER TEMPORARY Temp Help W!E 06l22A.PaedlJ.Diegel 1,331.42 SERVICES Temp Help WIE 06/29 A.PaedlJ.diegel 1,883.34 3,214.76 Page:4 apChkLst Final Check List Page: 5 07/17/2008 3:54:4 5PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125371 07117!2008 007260 MAPES, VIRGINIA WALKER refund:sr excur./del mar fair 6126 Cindy 12.00 refund:sr excur.ldel mar fair 6126 Ginny 12.00 refund:sr excur./del mar fair 6126 Tom 12.00 36.00 125372 07/17/2008 000217 MARGARITA OFFICIALS ASSN Credit:billing adj/Jun officiating srvcs -90.00 Jun Officiating Services:TCSD Prgms 1,620.00 1,530.00 125373 07/17!2008 012139 MC CULLY, DEBBIE L. temp right of entry:Civic Plaza prjt 7,600.00 7,600.00 125374 07117!2008 012138 MC KELVIE, STACY release claims agreement pmt 450.00 450.00 125375 07/17/2008 012137 MCNEILL INVESTMENTS release claims agreement pmt 960.00 960.00 125376 07/17/2008 006571 MELODY'S AD WORKS reimb expenses:Street Painting 294.45 credit:billing adjlStreet Painting -15.49 reimb expenses:Street Painting 10.26 289.22 125377 07/17!2008 009541 MEYER AND ASSOCIATES credit:pending backup documentation -500.00 Mar design srvcs:tcc expansion 2,645.00 May design srvcs:tcc expansion 17,813.50 Feb design srvcs:tcc expansion 6,044.00 Jun design srvcs:tcc expansion 5,513.00 31,515.50 125378 07/1712008 007210 MIDORI GARDENS irrigation repairs:Sam Hicks Prk 5130 274.46 irrigation repairs:Duck Pond Park 515 461.03 irrigation repairs:Btrfld Stage Park 639.69 1,375.18 125379 07117!2008 001384 MINUTEMAN PRESS business cards: Code Enforcement 44.95 44.95 125380 07/17/2008 007096 MUSICIANS WORKSHOP Jazz Festival 'OS theater settlement 4,225.35 4,225.35 125381 07117!2008 009793 NATIONAL BUSINESS Bluegrass Festival Security 3/14-16108 1,680.00 1,680.00 125382 07/1712008 000727 NATIONAL FIRE PROTECTION membership dues:S.Dakin 150.00 150.00 ASSN 125383 07/17!2008 005006 NBS GOVERNMENT FINANCE Delinquency mgmt:CFD 03-6 R.Ranch 900.00 GROUP Delinquency mgmt srvcs:CFD's 6,399.30 disclosure reports:CFD 01-2 Harv. A & B 125.00 5!248!23 Spcl tax admin srvcs:finance 10,388.05 17,812.35 125384 07117/2008 000233 NELSON, SHAWN reimb: Jun Internet services 44.99 44.99 Pagea apChkLst 07/17/2008 3:54:45PM Final Check List CITY OF TEMECULA Page: 6 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125385 07117!2008 008528 NICHOLS, MELBURG & ROSETTO Nov design:old town infrastructure 1,715.32 Oct design:old town infrastructure 2,514.58 credit:old town infrastructure -2,000.00 Feb design:old town infrastructure 1,086.93 Jan design:old town infrastructure 316.92 3,633.75 125386 07/17!2008 010273 NION PEABODY LLP May'08 legal services 12,081.66 Jun'081egal services 7,533.00 19,614.66 125387 07/17/2008 010244 NO LIMITS SILK SCREEN Softball place shirts:Wntr League 08 233.13 Softball place shirts/hats:Wntr Leag. 08 759.65 992.78 125388 07/17/2008 009337 NOLTE ASSOCIATES INC 519-615108 eng design srvcs:ped bridge 10,694.81 10,694.81 125389 07/1712008 002139 NORTH COUNTY TIM ES Jun RecruitmentAds:Human Resources 380.00 Jun advertising:streetpointing festival 714.47 Jun public ntc ads:Gity ClerklPlanning 1,434.86 2,529.33 125390 07/17!2008 002139 NORTH COUNTY TIMES renew subscr:PW 93072 126.00 126.00 125391 07/1712008 009570 O C B REPROGRAPHICS Jun blueprint srvcs:var City projects 359.07 359.07 125392 07/17/2008 003964 OFFICE DEPOT BUSINESS SVS Cntrl Svcs office supplies 542.48 542.48 DIV 125393 07/17/2008 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Land Dev 588.46 588.46 125394 07/17/2008 001171 ORIENTAL TRADING COMPANY sales & use tax -13.87 INC TCSD Special Event Supplies 192.78 178.91 125395 07/17/2008 001320 PELLETIER, JULIE reimb:4th ofJuly supplies 207.13 207.13 125396 07/17!2008 000249 PETTY CASH Petty Cash Reimbursement 798.28 Petty Cash Reimbursement 52.45 Petty Gash Reimbursement 89.02 939.75 125397 07/17!2008 000253 POSTMASTER Express Mail & Postal Svcs 42.37 42.37 125398 07/1712008 006084 POWER DISTRIBUTORS INC electrical srvcs:RRSP 1,147.50 1,147.50 125399 07/17/2008 000254 PRESS ENTERPRISE COMPANY Jun Recruitment Ads:Human Resources 520.25 INC Jun advertising:4th of July events 1,316.42 1,836.67 Page6 apChkLst Final Check List Page: 7 07/17/2008 3:54:4 5PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125400 07117!2008 003697 PROJECT DESIGN 417-611/08 ProfSrvcs:Murr.Crk BrlOvrlnd 8,011.59 8,011.59 CONSULTANTS 125401 07/17/2008 005075 PRUDENTIAL OVERALL SUPPLY Jun Floor Mat(fowel Rental:Foc 16.82 Jun Floor Mat(fowel Rental:City Hall 34.78 Jun Floor Mat(fowel Rental:West Wing 12.56 Jun Uniforms/Flr MtslTwl Rntls:City Facs 3,477.14 3,541.30 125402 07/1712008 011141 R P M MATERIAL HANDLING CO equip repair & maint:pw forklift 350.68 350.68 125403 07/17!2008 007928 RAGING WATERS Teen Excursion 7/30!08 959.60 959.60 125404 07/1712008 000728 RAMSEY BACKFLOW & Backflow testing:vail ranch 22.00 22.00 PLUMBING 125405 07/17!2008 002072 RANCHO CALIF WATER DIST- pln cklinspection deposit:Civic 8,000.00 8,000.00 FEES 125406 07/1712008 000262 RANCHO CALIF WATER DISTRICT Fire Stn 84 Water Meters 482.92 PW Various Water Meters 892.46 PW Various Water Meters 338.94 Jul 01-06-99000-14 Pujol St 6.52 Jun 01-06-59200-2 Main St 32.03 Jun 01-06-57000-4 Main St 7.20 TCSD Various Water Meters 44,765.48 TCSD Various Water Meters 13,619.17 TCSD Various Water Meters 2,010.23 62,154.95 125407 07/1712008 005383 RANCHO SPRINGS MEDICAL Funding:Circle of SAFE-T Rape Crisis 15,000.00 15,000.00 CENTER 125408 07/17!2008 000907 RANCHO TEMECULA CAR WASH Jun City vehicles detailing srvcs 231.00 231.00 125409 07/1712008 000271 RBF CONSULTING May Prof Srvcs:l-15179s Ult.lntrchg 1,400.00 1,400.00 125410 07/17!2008 002110 RENTAL SERVICE equip rental: pw maint div 19.64 19.64 CORPORATION 125411 07/17/2008 010917 RICHARDSON, PATRICK reimb:dsgn review field trip 717/08 79.22 79.22 125412 07/17/2008 000406 RIVERSIDE GO SHERIFFS DEPT 41245121/08:lawenforcement 1,410,073.44 1,410,073.44 Page:? apChkLst Final Check List Page: 8 07/17/2008 3:54:4 5PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125413 07117!2008 000406 RIVERSIDE CO SHERIFFS DEPT Tactical Response:7/1x16 Dep Marquez 184.00 184.00 125414 07/17/2008 004907 RIVERSIDE CO Feb WC Frwy Stratigic Study- Ph II 40,184.31 40,184.31 TRANSPORTATION 125415 07117!2008 000277 S & S ARTS & CRAFTS INC Misc craft supplies:CRC 408.01 Misc craft supplies:parent & me prgm 180.99 Misc craft supplies:teen prgm 131.54 Misc craft supplies:teen prgm 34.22 754.76 125416 07/17!2008 001942 S C SIGNS Jun public ntc posting:City Clerk 510.00 510.00 125417 07/17/2008 010803 SEAN MALEK ENGINEERING & Feb widen a1s on rancho cal road 107,494.44 CONST Release retention:R.C.Rd widening 81,250.10 188,744.54 125418 07117!2008 009736 SEAWORTHY SMALL SHIPS INC. Misc supplies:SMART pgrm 420.23 sales & use tax -30.23 390.00 125419 07117!2008 010089 SECURITAS SECURITY SRVCS Jun Security Srvcs: Redhawk Dog Park 1,750.00 USA Jun Security Srvcs:Harveston Lake 2,100.00 3,850.00 125420 07117!2008 012129 SHAKESPEARE IN THE VINES 12th Night 7111-13!08 performances 189.95 189.95 125421 07!1712008 006714 SHERATON HOTEL Htl:Gang Violence Cf 7129-31 S.Brosche 259.84 259.84 125422 07117!2008 009213 SHERRY BERRY MUSIC Jazz @ the Merc 07!10108 388.50 388.50 125423 07/17!2008 009746 SIGNS BY TOMORROW Signage for Parking Lots -Special 1,387.67 1,387.67 125424 07/17!2008 009745 SILVERADO AVIONICS INC Radios: City EOC 7,223.43 7,223.43 125425 07117!2008 004814 SIMON WONG ENGINEERING INC May eng srvcs:main st bridge 63,822.80 63,822.80 125426 07/17/2008 000537 SO CALIF EDISON Jun 2-00-397-5059 various mtrs 9,481.45 Jul 2-28-171-2620 Police Mall Stn 703.00 Jul 2-01-202-7603 arterial st lights 25,445.75 Jul 2-01-Z02-7330 various mtrs 69,650.38 105,280.58 125427 07117!2008 000519 SOUTH COUNTY PEST CONTROL Jun pest control services:City Fac's 593.00 593.00 INC 125428 07117!2008 008023 STATER BROTHERS MARKETS refreshments:Dinnerwith Fire Fighters 105.17 105.17 Page:B apChkLst Final Check List Page: 9 07/17/2008 3:54:4 5PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125429 07117!2008 006145 STENO SOLUTIONS Jun transcription srvcs:Police 1,308.96 1,308.96 TRANSCRIPTION 125430 07117!2008 002651 SUN BADGE COMPANY Posse sheriff badges:horse harness 382.74 382.74 125431 07/17/2008 007698 SWANK MOTIONS PICTURES, Movie rental:summerfilm event 7111 399.75 INC. sales & use tax -28.75 371.00 125432 07/17/2008 000305 TARGET BANK BUS CARD SRVCS Misc supplies:aquatics pgrm 127.79 127.79 125433 07/17/2008 009500 TEMEC ELECTRONICS, INC Jun misc tools/equip:PW Traffic 72.06 electrical supplies: iwtcm 10.67 82.73 125434 07!1712008 000168 TEMECULA FLOWER CORRAL Jun sunshine fund 206.18 206.18 125435 07/17!2008 010046 TEMECULA VALLEY May '08 Bus. Imprv District Asmnts 56,172.04 CONVENTION & May '08Admin Fees -1,123.44 55,048.60 125436 07/1712008 004274 TEMECULA VALLEY SECURITY locksmith services: parks 94.84 94.84 CENTR 125437 07117!2008 000919 TEMECULA VALLEY UNIFIED 511-6!24108 City vehicles fuel usage 1,278.05 SCHOOL FY 07108 field renovation agrmnt pmt 21,000.00 22,278.05 125438 07117!2008 000319 TOMARK SPORTS INC 2 youth league pitching mounds:tcsd 2,329.98 2,329.98 125439 07/17!2008 004308 TOWNE & COUNTRY AUTO & towing service:Police 75.00 75.00 TOWING 125440 07117!2008 003031 TRAFFIC CONTROL SERVICE INC Safety Gear:PW Maintenance 1,488.03 Safety Gear:PW Maintenance 499.96 1,987.99 125441 07/1712008 009957 TRIARCO ARTS & CRAFTS LLC Misc supplies:SMART pgrm 137.22 Misc supplies:SMART pgrm 83.34 220.56 125442 07/1712008 012088 TUSCAN FLOORING carpet:Fire Stn 84 7,900.23 7,900.23 125443 07/17/2008 008517 UNITED SITE SERVICES OF 0 611 9-07/1 6 fence rental:Main St Bridge 26.40 26.40 CA,INC 125444 07/1712008 006807 VANIR CONSTRUCTION Jun consulting srvcs:civic center 29,900.00 29,900.00 125445 07/17/2008 012081 VENETIAN HOTEL htl:Accela cf 811&22 HNSSHJAmezcua 519.95 519.95 Page9 apChkLst 07/17/2008 3:54:45PM Final Check List CITY OF TEMECULA Page: 10 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125446 07/1712008 004261 VERIZON Jul xxx-1941 PTA CD TTACSD 68.55 Jul xxx-5072 general usage 4,951.47 Jul xxx-39101st St Irrigation 37.24 Jun xxx-8900 GIS Library 812.10 Jun xxx-5180 79S Irrg Cntr 37.05 Jun xxx-6620 general usage 32.65 Jun xxx-4200 general usage 903.19 Jun xxx-1540 Old Town Prk Lot 87.97 Jun xxx-7530 GIS Library 443.35 7,373.57 125447 07/1712008 009101 VISION ONE INC Jun ShoWare software:theater 992.60 992.60 125448 07/17/2008 008445 WALT ALLEN ARCHITECT Apr dsgn srvcs:frnch val overcross 4,803.62 4,803.62 125449 07117!2008 003730 WEST COAST ARBORISTS INC 6116-30/08 tree trimming srvcs:citywide 3,000.00 Idscp maint:harv lake park 75.00 3,075.00 125450 07/17!2008 011740 WEST COAST LIGHTS & SIRENS Install Preemption: Pd Patrol Units 3,047.39 3,047.39 INC 125451 07/1712008 012131 WEST PAK AVOCADO INC refund:sec.deposit/TCC 311107 150.00 150.00 125452 07/17/2008 002109 WHITE CAP INDUSTRIES INC Misc maint supplies:pw maint div 219.79 219.79 125453 07/1712008 012133 YUN PING YE, KAREN refund:Wonders of Science 116.00 116.00 125454 07/17/2008 000348 ZIGLER, GAIL reimb:concert serieslaglow in the park 312.65 312.65 125455 07117!2008 005195 ZOOLOGICAL SOCIETY SMART Excursion 7!23!08 439.00 439.00 Grand total for UNION BANK OF CALIFORNIA: 2,491,293.53 Page:10 apChkLst Final Check List Page: 11 07l17J217Q8 3:54:45PM CITY OF TEMECIJLA 141 checks in this report. Grand Tatal All Checks: 2,491,293.53 Page:11 apChkLst Final Check List Page: 1 07l24/20D8 4:38:56PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 1093 07/24/2008 000444 INSTATAX (EDD) Description Amount Paid Check Total Unemp & training tax far 2"`~ qtr 2008 10,959.12 10,959.12 1094 07/24!2008 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 132,025.63 132,025.63 RETI REM ENT) 1095 07!2412008 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 20,558.95 20,558.95 SOLUTION 1096 07!2412008 000389 NATIONWIDE RETIREMENT OBRA-Project Retirement Payment 6,985.68 6,985.68 SOLUTION 1097 07/24!2008 000283 INSTATAX (IRS) FederallncameTaxesPayment 106,655.99 106,655.99 1098 07124!2008 000444 INSTATAX (EDD) State Disability Ins Payment 26,915.00 26,915.00 1099 07/2212008 005460 U S BANK 2006 RDA TABS series A DS pmt 617,917.35 617,917.35 1100 07/23!2008 005460 U S BANK RDA debt service pmt 1,112,861.81 1,112,861.81 125456 07/2212008 012140 LITTLE CAESARS FUNDRAISING pizza kits: Family Fun Night 818 367.50 367.50 PGM 125457 07!2412008 OOD745 A T & T MOBILITY Jun cellular svc: Johnson, Bob 229.11 229.11 125458 07!24!2008 01D851 ADAMIAK, DAWN Reimb: supplies FAM snack shack 109.81 109.81 125459 07124!2008 003679 AEI CASC ENGINEERING Jun WQMP pl ck svcs: NPDES 8,456.00 8,456.00 125460 07124!2008 009033 ALLEN, STEVEN L. photography svcs: 4th July Parade 600.00 photography svcs: Balloon Aglow 300.00 9D0.00 125461 07/24!2008 003811 AMERICAN ASSN FOR STATE 08!09 mbrshp AASLH:TV Museum 1D0.00 100.00 125462 07!24!2008 D11531 AMERICAN MEDICAL RESPONSE CPR Cards: Paramedics 522.00 522.00 INC 125463 07!2412008 002187 ANIMAL FRIENDS OF THE Jun Animal control services 13,DOO.OD 13,000.00 VALLEYS 125464 07124!2008 000101 APPLE ONE INC temp help ppe 715 Wilson, L 1,092.16 1,092.16 Page:1 apChkLst Final Check List Page: 2 07124/2D08 4:38:56PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125465 07124!2008 004623 AQUA TECH ENTERPRISES chemicals: TES pool 861.90 861.90 125466 07!2412008 006209 ASSOCIATION OF CHILDREN'S 08!09 ACM mbrshp:Ch Museum 6DO.OD 600.00 125467 07124!2008 011954 BAKER & TAYLOR INC Book purchase: Library 2,168.49 2,168.49 125468 07124!2008 004176 BROADWING Jul long distancelinternet svcs 741.00 TELECOMMUNICATIONS Jun long distancelinternet svc 741.00 1,482.00 125469 07124!2008 002363 C C P O A 08109 CCPOA mbrshp:Salazar, L 30.00 30.00 125470 07124!2008 010964 C R V P videoldvd conversion: Council mtgs 2,246.72 2,246.72 125471 07/24/2008 011702 CAFE DANIEL Refreshments: 4th July Parade 650.00 650.00 125472 07!2412008 005D71 CALIF ASSN OF PARKS Mbrshp:STCSD Commissioners 175.DD 175.00 125473 D7/2412008 005384 CALIF BAGEL BAKERY & DELI refreshments: Art opening 6127 587.91 refreshments: YauthlCouncil 5121 533.36 1,121.27 125474 07124!2008 001089 CALIF DEBT & INVESTMENT Mng Portfolio 11!20-21 Pasadena 500.00 500.00 125475 07/24!2008 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099118 25.00 25.00 125476 07124!2008 005116 CALIF DEPT OF STATE 06!07 annual street rprt:Finance 1,886.44 1,886.44 CONTROLLER 125477 07124!2008 004228 CAMERON WELDING SUPPLY Misc supplies: PW Maint 92.70 92.70 125478 07/24/2008 008960 CANYON LAKE, CITY OF Regist:League Mtg ME 7114 45.00 45.00 125479 07/24/2008 010496 CAVENAUGH & ASSOCIATES DUI Seminar:HamiltonlHernandez 998.00 998.00 125480 07!2412008 012156 GHOUDHRY, MAHMOOD refund: security dep CRC 716 150.00 150.00 125481 07/24!2008 009077 CITY COMFORTS INC. 12 books City Comfarts:Planning 208.00 208.00 125482 07124!2008 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 136.00 136.00 Paget apChkLst Final Check List Page: 3 07/24/2008 4:38:56PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125483 07124!2008 000447 GOMTRONIX OF HEMET vehicle radio equipment: TCSD 1,500.84 vehicle radio equipment: TCSD 3,290.96 vehicle radio equipment: TCSD 3,290.96 8,082.76 125484 07/24/2008 002945 CONSOLIDATED ELECTRICAL electrical supplies: PWTraffic 375.29 375.29 DIST. 125485 07/24/2008 001923 CONVERSE CONSULTANTS May geotech svc: TCC expansion 5,210.20 5,210.20 125486 07124!2008 001264 COSTCO WHOLESALE VOID 0.00 VOID O.OD 0.00 125487 07/24!2008 008758 CROSSROADS SOFTWARE INC Citation software svcs: Police 9,961.54 Citation software svcs: Police 7,864.37 17,825.91 125488 07/24/2008 004123 D L PHARES & ASSOCIATES Jul lease pmts:pd old twn strfrnt 2,681.52 2,681.52 125489 07/24/2008 011377 DANCE SAN DIEGO Advertising:theater events 1,000.00 1,000.00 125490 07!2412008 003945 DIAMOND ENVIRONMENTAL Portable teiletlsink svc: Parade 530.43 530.43 SRVCS 125491 07/24/2008 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: Code EnflPln 626.26 INC Fuel for Gity vehicles: Code Enf 79.09 Fuel for Gity vehicles: PW Traffic 178.6D Fuel for City vehicles: PW Maint 2,206.78 Fuel for City vehicles: PW CIP 231.87 Fuel for City vehicles: PW Lnd Dv 485.69 Fuel for City vehicles: B&S 373.00 Fuel far City vehicles: City Depts 369.39 Fuel for Gity vehicles: TCSD 2,716.65 Fuel for Gity vehicles: Police 113.95 7,381.28 125492 07/24!2008 011202 E M H SPORTS & FITNESS TCSD instructar earnings 861.00 TCSD instructor earnings 448.OD TCSD instructor earnings 1,312.50 2,621.50 125493 07/24/2008 002390 EASTERN MUNICIPAL WATER 95366-02 Diego Dr Ldscp 243.59 DIST 190304-02 Seraphina Rd 279.51 523.10 125494 07!2412008 009286 ENTERPRISE GROUP Recycled supplies: Central Svcs 3,676.97 3,676.97 125495 07/24/2008 003665 EXCEL COMMERCIAL Jun long distance phone svcs 54.05 54.05 Page:3 apChkLst Final Check List Page: 4 07/24/2008 4:38:56PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125497 07124/2008 001056 EXCEL LANDSCAPE Idscp maint:vail ranch pkwy medians 1,366.55 Idscp maint: saddleweod 250.00 emergency repair: pavilien point 49.43 irrigation repair:Rancho Highlands 225.92 emergency repair: The Villages 36.84 irrigation repair: Presley 73.08 emergency repair: Vail Ranch 584.47 emergency repair: Vail Ranch 157.28 irrigation rprlvandalism: Wolf Crk 251.60 landscape maint: GRG 3,234.D0 Idscp maint: MPSC 596.30 landscape maint: Fld Op Ctr 3,OOO.OD landscape maint: City Hall 1,932.70 Replace header board: Old Twn 1,394.45 landscape maint: Ch Museum 985.76 landscape maint: Theater 1,443.15 landscape maint: Library 527.04 landscape maint: Temecula Pkwy 897.84 landscape maint:WinchesterlJeff 222.72 landscape maint: Redhawk medians 987.40 landscape maint: Wolf Creek 360.00 landscape maint: Redhawk medians 567.22 landscape maint: Mrgita Medians 1,300.00 landscape maint: Rncha CA medians 3,100.DD landscape maint: Rncho CA medians 3,000.00 landscape maint: Ynez Rd medians 1,244.70 landscape maint: Mrgita medians 703.39 landscape maint: Mrgita medians 2,153.42 irrigation repairs: medians/parks 105.43 irrigation repairs: Sports Parks 891.54 irrigation repairs: City facilities 158.30 irrigation repairs: Sports Parks 151.06 irrigation repairs: Medians 322.80 irrigation repairs: Medians 183.71 32,458.1D 125498 07!2412008 001701 EXCEL RENTAL CENTER mule rentals: 4th July Parade 338.08 338.08 125499 07124!2008 004464 EXXONMOBIL CARD SERVICES City vehicles fuel:City Mgr 100.00 100.00 125500 07124!2008 012149 FEDERIGHI, ROBERT T. PW07-12 review roller hockey rink 600.00 600.00 Page:4 apChkLst Final Check List Page: 5 07/2412008 4:38:56PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid 125501 07/24/2008 003347 FIRST BANKCARD CENTER FRONT STREET BAR & GRILL AA rfrshmnts:Econ Dv mtg 6/12 58.38 PAT & OSCARS RESTAURANT AA rfrshmnts: Mayor's mtg 6124 69.34 INTL ECONOMIC DEVELOPMENT AA Biotech webinar 7117 Wolnick 125.00 ROCKIN BAJA LOBSTER AA rfrshmnts:Bio convention 6/17 27.91 HYATT AA meal:Bio Convention SnDiego 6117 7.77 PAT & OSCARS RESTAURANT AA rfrshmnts: Mayor's mtg 6124 16.14 VENETIAN HOTEL TT htl:Accel Cf Vegas 8120 173.31 VENETIAN HOTEL TT htl:Accel Cf Vegas 8120 JR 173.31 VENETIAN HOTEL TT htl:Accel Cf Vegas 8120 JD 173.31 PAYPAL TT Verisign Paytlow Pro Transaction 106.30 SOUTHWEST RIVERSIDE TT Airfare trsctian fee Vegas TT/JR 16.50 COUNTY MFG SOUTHWEST RIVERSIDE TT Airfare Accel Cf 8120 Vegas 148.50 COUNTY MFG SOUTHWEST RIVERSIDE TT Airfare Accel Cf 8120 Vegas JR 148.50 COUNTY MFG TACO BELL CORPORATION TT refreshments TTIJR Irvine CF 18.37 CONSTANT CONTACT INC TT Jun email support Theater 75.00 OFFICE DEPOT BUSINESS SVS TT Printer for Councilmember R.Roberts 161.61 DIV PARKING CO AMERICA #3015 TT parking fee conf 6/23 Downey 10.00 NATIONAL NOTARY 5J Errors & Omissions Insurance 51.00 ASSOCIATION SPRINT SJ bluetooth purchase cell phone 120.66 ROSAS CANTINA RESTAURANT SJ refreshments Council mtg 7/8 109.90 PAT & OSCARS RESTAURANT SN refreshments Homeless Mtg 6119 363.49 AMAZON.COM, INC RJ book "Cadillac Desert" 9.71 CONFERENCE MANAGER.COM RJ Ganf Call EIR Annex 6110 15.36 C S U S- P T S RJ Energy Summit WestlLecomte 90.00 AMAZON.COM, INC RJ book "PhilosophylDesign" 29.95 AMAZON.COM, INC RJ (5) books "Cadillac Desert" 61.20 CONFERENCE MANAGER.COM RJ Gonf Call EIR Annex 6117 4.48 Check Total Pagea apChkLst 07/24/2008 4:38:56PM Final Check List CITY OF TEMECULA Page: 6 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total CONFERENCE MANAGER.COM RJ Conf Call Mercedes Prj 6/19 9.92 CONFERENCE MANAGER.COM RJ Conf Call EIR Annex 6124 16.16 CONFERENCE MANAGER.COM RJ Conf Call Water Park 6/25 17.44 CONFERENCE MANAGER.COM RJ Conf Call Mercedes Prj 6/26 32.32 CALIF REDEVELOPMENTASSN RJ RDAwkshp Watson,L 8120-21 495.00 CALIF REDEVELOPMENT ASSN RJ RDA wkshp Harris, T 8120-21 495.00 CONFERENCE MANAGER.COM RJ Conf Gall Water Park 7/2 1.44 CONFERENCE MANAGER.COM RJ Conf Call Raripaugh 7/2 11.04 CONFERENCE MANAGER.COM RJ Conf Gall Mercedes 7!3 68.32 3,511.64 125502 07/24!2008 003633 FOOTHILL EASTERN Nov-Jun tall roads usage 86.88 86.88 TRANSPORTN. 125503 07124!2008 001989 FOX NETWORK SYSTEMS INC 2gb Datatraveler: Info Sys 334.92 334.92 125504 07!2412008 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.OD 75.OD 125505 07/24/2008 011967 FULL VALUE ENTERTAINMENT sttlmt: Live at the Merc 7118 294.00 294.00 125506 07124!2008 012145 GARRETT REAL ESTATE refund: duplicate business license 35.00 35.00 SERVICES 125507 07/24!2008 011376 GENEVA SCIENTIFIC INC petwaste bags: City parks 1,507.50 1,507.50 125508 07124!2008 003815 GFB FRIEDRICH & ASSOCIATES May design svc:DePortola Rd 17,938.93 17,938.93 INC 125509 07/24!2008 001158 HOLIDAY INN htl:8l10-15 Dui Cf Laguna Hills 649.40 649.40 125510 07/24!2008 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 11,066.24 11,066.24 303355 125511 07!2412008 011703 INTL ASSOC OF ELECTRICAL 08109 /AEI cf 9/7-11:Monterey 400.00 400.00 125512 07!24!2008 003296 INTL CODE COUNCIL mbrship:mharold:3/1108-2128/09 25.00 25.00 125513 07/24/2008 000501 INTL INSTITUTE OF MUNICIPAL 08!09 IIMC mbrshp: SJ, MB, GF 325.00 325.00 Page6 apChkLst Final Check List Page: 7 07124/2D08 4:38:5tiPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125514 07124!2008 010119 IRS - OIC Sup Pmt Offer#1000497587 452379267 140.11 140.11 125515 07!2412008 009393 J M DIAZ INC Jun design svcs:BttrFld Stage Rd 480.OD 480.00 125516 07124!2008 010394 JONES, ERIC reimb:meal Codes trn Ventura 7115 6.81 6.81 125517 07124!2008 OD9336 KOPIE SHOP LLC Printing srvcs:Traveling Carnival 40.41 44.41 125518 07124!2008 011910 L H ENGINEERING COMPANY INC Jun ergs pmt #2:cld town infrastructure 451,586.00 ret.wlh pmt #2:old town infrastructure -45,158.60 406,427.40 125519 07124!2008 000380 LAIDLAW TRANSIT INC Transportatien:Day Camp excursion 335.84 335.84 125520 07124!2008 011978 LAWLER, JUSTIN Jun design svcs:Welcome Banners 680.00 680.00 125521 07/24!2008 004412 LEANDER, KERRY D. TCSD instructor earnings 2,460.50 2,460.50 125522 07124!2008 012153 MACY, JOANNA refund:kids fitnessl1450.201 47.00 47.00 125523 07/24/2008 D03782 MAIN STREET SIGNS Misc. street signs:pw maint div 91.86 91.86 125524 07/24/2008 006571 MELODY'S AD WORKS reimb expenses:Hot Smr Nights/RDA 49.50 49.50 125525 07/24!2008 011440 MILLMORE'S WAX CREW City veh. detailing srvcs:PW Depts 50.00 City veh. detailing srvcs:PW Depts 25.00 75.OD 125526 07124!2008 001384 MINUTEMAN PRESS business cards: C. Walker 44.95 business cards: B. McAteer 44.95 89.90 125527 07/24/2008 005887 MOFFATT & NICHOL ENGINEERS 3130-4!26108 cansult:F.V.Pkwy Ovrcrss 143,304.57 143,304.57 125528 07/24/2008 009443 MUNYON, DENNIS G. Jul-Sep 'OS O.T. parking lease pmt 2,050.00 2,050.00 125529 07/24/2008 010504 NEXTEL COMMUNICATIONS May 26-Jun 25 cellular usage 1,392.51 1,392.51 125530 07!2412008 008528 NICHOLS, MELBURG & ROSETTO May eng srvcs:civic center ph II 59D,665.14 Credit:bill adj/Civic Center ph II -11.00 590,654.14 125531 07124!2008 002139 NORTH COUNTY TIMES Jun advertising: csd 4th of July events 642.38 642.38 Page:? apChkLst Final Check List Page: 8 07124l2D08 4:38:5tiPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125532 07124!2008 002139 NORTH COUNTY TIMES Jun newspaper subscr:mpsc 18.90 18.90 125533 07!2412008 006140 NORTH JEFFERSON BUSINESS Jul-Sep assn dues soc17: F.V. Intrchg 415.13 PARK Jul-Sep assn dues ~oc20: F.V. Intrchg 564.02 979.15 125534 07!2412008 006721 OFFICEMAX INCORPORATED mist office supplies:finance 49.83 49.83 125535 07124!2008 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 36.27 City Vehicle Maint Svcs:TCSD 36.27 City Vehicle Maint Svcs:TCSD 36.27 City Vehicle Maint Svcs:TCSD 133.93 242.74 125536 07/24/2008 007959 ONEIL SOFTWARE INC 9!210 8-91110 9 software license renewal 665.63 665.63 125537 07/24/2008 012100 OUR NICHOLAS FOUNDATION FY 08109 Ccuncil CSF grant 2,000.00 2,000.00 125538 07/24!2008 006939 PAINT CONNECTION, THE Res improv pgrm:Massie, C. & E. 2,250.00 2,250.00 125539 07/24!2008 001958 PERS LONG TERM CARE PERS Long Term Care Payment 377.54 377.54 PROGRAM 125540 07124!2008 008143 PETERS, MATT reimb:meals Codes trn Ventura 7115 14.75 14.75 125541 07!2412008 011009 QUALITY FOAM PACKAGING INC medical supplies:Paramedics 1,519.81 1,519.81 125542 07/24/2008 001416 QUICK CRETE PRODUCTS INC waste containers:tcsd prgm 8,354.95 8,354.95 125543 07!2412008 012151 QUINT & THIMMIG LLP 4127/0 6-5/1 310 8 Bond Ceunsel Srvcs 100,000.00 100,000.00 125544 07124!2008 011547 RAMILAN ELECTRIC INC Release retention:traf.sgnl install-R.C. 14,477.50 Rel stop ntc:lnland VlyltrFsgnl 15,990.63 30,468.13 125545 D7l2412008 000262 RANCHO CALIF WATER DISTRICT TCSD Various Water Meters 2D,541.15 Jun 01-08-97100-2 Wolf Creek Dr N 19.78 Jul 01-0 4-1 0033-2 Margarita Rd 56.73 Jul 01-0 2-9 801 0-0 Fire Stn 84 443.01 Jul 01-02-98000-0 Fire Stn 84 14.08 Jun 01-06-56000-1 Main St 28.03 Jun 01-06-55000-1 Main St 6.30 21,109.08 125546 07124!2008 004584 REGENCY LIGHTING electrical supplies: Library 142.77 142.77 Page:B apChkLst Final Check List 07/24/2008 4:38:56PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 125547 07/24!2008 003742 REHAB FINANCIAL Jun RDA loan collection srvcs CORPORATION 125548 07/24/2008 OD4857 RHINO LININGS OF RIVERSIDE Veh equip:pwtraffic div 125549 07/24/2008 010917 RICHARDSON, PATRICK reimb:Codes trn Ventura 7115-17 125550 07!2412008 OD0406 RIVERSIDE GO SHERIFFS DEPT Street Painting patrol srvcs 6128 125551 07/24/2008 011101 RIVERSIDE LAND Jun consulting srvcs:Open Space CONSERVANCY 125552 07/24/2008 OD5736 SAN BERNARDINO CO SHERIFF S Motorcycletrng instructar:B.l. 7/7-18 DEP 125553 07/24!2008 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581095025 125554 07124!2008 006615 SCAN NATOA INC FY 08!09 membership dues:P.Ruse FY 08109 membership dues:6. Smith 125555 07/24/2008 010993 SCHUMA, DANA reimb:meals Codes trn Ventura 7115 125556 07!2412008 008529 SHERIFF'S CIVIL DIV- CENTRAL Sup Pmt LO File#2007052618 125557 07/24/2008 OD8529 SHERIFF'S CIVIL DIV-CENTRAL Sup Pmt LO File#2007052618 125558 07/24/2008 OD9213 SHERRY BERRY MUSIC 125559 07/24/2008 OD0645 SMART & FINAL INC 125560 07124!2008 000537 SO CALIF EDISON Jazz @ the Merc 07/17/08 Misc supplies:team pace Misc supplies:mpsc Recreation supplies:SMART pgrm Misc supplies:High Hopes Pgrm Misc supplies:FAM pgrm Recreation supplies:SMART pgrm Jul 2-28-331-4847 Pauba Rd Jul 2-30-099-3847 various mtrs Jun 2-27-560-0625 Deerhollow Way Jul 2-26-887-0789 various mtrs Jul 2-28-397-1315 Redhawk Pkwy Jul 2-30-296-9522 TVHS Tennis Courts Amount Paid 8.00 553.84 405.83 468.66 769.10 1,159.00 12.50 75.00 75.00 14.05 344.97 100.00 367.50 242.12 157.81 4.95 45.27 273.94 15.43 113.09 296.74 2,697.26 2,132.58 18.08 2,215.55 Page: 9 Check Total 8.00 553.84 405.83 468.66 769.10 1,159.OD 12.50 150.00 14.05 344.97 100.OD 367.50 739.52 7,473.30 Page9 apChkLst Final Check List Page: 10 07124!2008 4:38:56PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125561 07/24!2008 001212 SO CALIF GAS COMPANY Jul 055-475-6169-5 pbsp 188.36 Jul 015-575-0195-2 Fire Stn 92 215.48 403.84 125562 07/24/2008 008141 SOUTHWESTERN ASSN mbrshp dues:Dep.GriplDep.Hoctor 180.00 180.00 TECHNICAL 125563 07/24!2008 005786 SPRINT May 26-Jun 25 cellular usage 6,674.30 6,674.30 125564 07/24/2008 000293 STADIUM PI71A INC refreshments:stafftrng C.Museum 6/9 56.83 56.83 125565 07124!2008 009811 SUNNY HILLS TOWING LOWBED vehicle towing services: Tem. Police 320.00 320.00 SRVC 125566 07/24!2008 007698 SWANK MOTIONS PICTURES, "Bee Movie" rental:movieslpark 7118 371.00 371.00 INC. 125567 07/24!2008 011897 TAGIAMB INC forms for Human Resources Dept 25.00 25.00 125568 07/24!2008 000305 TARGET BANK BUS CARD SRVCS misc supplies:every 15 min prgm 142.76 misc supplies:every 15 min prgm 57.24 Misc supplies:theater 49.14 Misc supplies:day camp 136.93 Misc supplies:SMART program 2.46 Misc supplies:SMART program 36.08 Misc supplies:children's museum 72.58 497.19 125569 07/24!2008 001035 TEMECULA ENVIRONMENTAL Jan-Jun 'OS trash hauling services 2,610,705.90 Jul-Dec'07 trash hauling services 69,461.04 credit:Jan-Jun '08 trash hauling srvcs -361,310.67 2,318,856.27 125570 07/24!2008 004260 TEMECULA STAMP & GRAPHICS Stamps:Fire Prevention 113.10 113.10 125571 07/24!2008 004209 TEMECULA SUNRISE ROTARY Jan-Jun'OBbus bench placemenUmaint 6,000.00 6,000.00 FOUND. 125572 07124!2008 002452 TOP LINE INDUSTRIAL equip repair & maint:pw maint div 5.86 5.86 125573 07/24/2008 009030 TRANSPORTATION EQUIPMENT maint supplies:PW Maint 140.26 140.26 INC, DBA PULLTARPS MFG 125574 07/24/2008 010276 TW TELECOM Jul high speed Internet Fire Stn 92 118.69 Jul high speed Internet T.C.C. 44.95 Jul high speed Internet City Hall 183.38 347.02 Page:10 apChkLst Final Check List Page: 11 07/24/2008 4:38:56PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125575 07/24/2008 007118 U S TELEPACIFIC CORPORATION Jul Internet IP Addresses Block 1,566.11 1,566.11 125576 07/24/2008 000325 UNITED WAY United Way Charities Payment 69.00 69.00 125577 07/24/2008 004261 VERIZON Jul xxx-0714 PD Mall Alarm 35.82 Jul xxx-3564 alarm 67.77 Jul xxx-0074 general usage 291.97 Jul xxx-6084 general usage 32.87 Jul xxx-4723 Police Storefront 34.97 Jul xxx-3143 PD Overland Office 41.95 Jul xxx-0073 general usage 255.76 Jul xxx-8573 general usage 33.89 Jul xxx-5473 Moraga Rd 38.77 Jul xxx-1341 Theater 420.27 Jul xxx-2372 Wlf Crk Irrg Cntrl 33.88 Jul xxx-0682 Civic Center Camera 91.76 Jul xxx-7562 irrigation controller 35.82 Jul xxx-6812 General usage 87.75 1,503.25 125578 07124!2008 012015 VERIZON BUSINESS FIOS Jul internet srvcs:EOC backup @ Library 439.95 439.95 125579 07/24/2008 004789 VERIZON ONLINE Jul intemet svcs: PD DSL 39.95 39.95 125580 07/24/2008 004848 VERIZON SELECT SERVICES INC Jul long distance phone svcs 875.10 875.10 125581 07/24/2008 011290 WE JUST DELIVER Refreshments:city council mtg 6124 268.45 268.45 125582 07124!2008 002841 WESTERN OILFIELDS SUPPLY Irrigation rental for 4th of July 4,155.03 CO, DBA: RAIN FOR RENT Irrigation rental for 4th of July 930.56 5,085.59 125583 07124!2008 012144 WILD WONDERS INC Performance:C. Museum 07/25!08 350.00 350.00 125584 07/24!2008 012154 X-O THERMIX DANCE refund:sec.deposit/Amphitheater 7113 150.00 150.00 125585 07/24!2008 000348 ZIGLER, GAIL Reimb:Movies/Park Supplies 7118 108.32 108.32 Grand total for UNION BANK OF CALIFORNIA: 5,866,915.20 Page:11 apChkLst Final Check List Page: 12 07124J2QQ8 4:38:56PM CITY OF TEMECIJLA 137 checks in this report. Grand Tatal All Checks: 5,866,915.20 Page:12 apChkLst 07131/2008 1:24:07PM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 125586 07/24/2008 001264 COSTCO WHOLESALE purchase: Vizio 37" LCD TV: TCSD 808.11 808.11 125587 07124!2008 001264 COSTCO WHOLESALE refreshments: Employee luncheon 777.05 777.05 125588 07128/2008 006714 SHERATON HOTEL Htl:Gang Violence 7131-811 Brosche 219.24 219.24 125589 07131!2008 008552 ADKINS DESIGN CONSULTING May design svc:Traveling Arts 565.69 565.69 125590 07!31!2008 009996 AGUILERA, GENE Garcia booking fee: 816 Harveston 80.00 80.00 125591 07/31/2008 001916 ALBERT A WEBB ASSOCIATES Jun GEQA svcs:S Mgita Annex 14,573.00 Jun CEQA svcs:S Mgita Annex 15.28 14,588.28 125592 07/31/2008 011961 AT&T MOBILITY Jun 4070/3465 cellular usage 37.32 37.32 125593 07131!2008 011954 BAKER & TAYLOR ING (220) book purchase: Library 4,795.87 (320) book purchase: Library 6,289.60 11,085.47 125594 07/31!2008 009776 BAKER WINDOW & DOOR Res Imp Pgrm: Massie, Rita 3,332.20 3,332.20 125595 07/31/2008 004205 BALLET FOLKLORICO TCSD Instructor Earnings 140.00 140.00 125596 07/31!2008 003466 BASKETS & BALLOONS TOO! promotional basket: Econ Dev 57.71 57.71 125597 D7l3112008 012181 BAUTISTA, REINALD refund: security dep CRC 7119 150.00 150.00 125598 07/31!2008 011448 BEARCOM OPERATING L.P. radio rentals: 4th July Parade 531.05 531.05 125599 07/31!2008 004040 BIG FOOT GRAPHICS Cartoon Artist:SummerConcerts 1,000.00 1,000.00 125600 07/3112008 004040 BIG FOOT GRAPHICS TCSD instructor earnings 420.00 TCSD instructor earnings 770.00 1,190.00 125601 07131!2008 004262 BIO-TOX LABORATORIES Dui & Drug Screenings: Police 780.70 Dui & Drug Screenings: Police 651.00 Dui & Drug Screenings: Police 1,196.60 Dui & Drug Screenings: Police 1,325.04 3,953.34 125602 07/31!2008 006908 C C & COMPANY INC entertainment:SummerGoncerts 550.00 550.00 Page:1 apChkLst 07131!2008 1:24:07PM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125603 07/31!2008 001054 CALIF BUILDING OFFICIALS 07108 CALBO training: B&S 3,650.00 credit:McClanahan regist IN# 6405 -250.00 3,400.00 125604 07/3112008 000486 CALIF MUNI REVENUE & TAX CMRTA conf 10/15-17 San Francisco 200.00 200.00 ASSOC 125605 07/3112008 011301 CALLAWAY MOTORSPORTS motorcycle repairlmaint: Police 149.93 149.93 125606 07/31/2008 006114 CASEY, MARGIE Reimb: supplies emp recognition 113.54 113.54 125607 07/3112008 012180 CAWLEY, MARILYN refund: security dep CRC 7119 150.00 150.00 125608 07131!2008 004609 CINTAS DOCUMENT Jun document shred svc: PD/CC 132.50 132.50 MANAGEMENT 125609 07/31!2008 002945 CONSOLIDATED ELECTRICAL electrical supplies: Old Town 83.65 83.65 DIST. 125610 07/3112008 011868 CONVALIAN PRODUCTIONS performance: Summer Concert Pgm 1,500.00 1,500.00 125611 07/3112008 001264 COSTCO WHOLESALE VOID 0.00 VOID 0.00 0.00 125612 07/3112008 003986 COZ4D & FOX INC Feb silt removalldesiltaticn:RRSP 3,728.00 3,728.00 125613 07!3112008 007057 DERNBACH, ESTHER MARIE TCSD instructor earnings 997.50 997.50 125614 07/3112008 009036 DIORIO, LIANE Refund:Multisport Camp Brett 40.00 40.00 125615 07/3112008 012171 DYER, JILLIAN refund: Kids Fitness Amber 47.00 47.00 125616 07/31/2008 002981 DYNA MED GPRlmedical supplies: Aquatics 639.91 GPRlmedical supplies: Aquatics 332.44 GPRlmedical supplies: Aquatics 93.02 GPRlmedical supplies: Aquatics 4.42 1,069.79 125617 07/3112008 012177 EASY MUSIC SCHOOL refund: security dep MPSC 7120 150.00 150.00 125618 07!3112008 011203 ENVIRONMENTAL CLEANING Jun cleaning svcs: TCSD Parks 5,315.OD 5,315.00 125619 07131!2008 011292 ENVIRONMENTAL SCIENCE Mar housing cnslt secs Planning 240.00 ASSOC. credit: amt exceeds contract agrmnt -43.78 196.22 Paget apChkLst 07131!2008 1:24:07PM Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125620 07131!2008 012176 EUNYOUNG, MUN refund: "Franklin is Bossy" 6.95 6.95 125621 07!3112008 010493 FOREST CITY COMMERCIAL Jul lease pmt: PD mall storefront 1,458.33 1,458.33 MGMT 125622 07/31/2008 011145 FOSTER, JILL C. TCSD instructor earnings 910.00 TCSD instructor earnings 1,225.00 2,135.00 125623 07/3112008 OD1989 FOX NETWORK SYSTEMS INC Document Scanner: Planning 2,149.61 2,149.61 125624 07/3112008 011967 FULL VALUE ENTERTAINMENT sttlmnt: Live at the Merc 7125 420.00 420.00 125625 07131!2008 005664 GOSCH TOWING & RECOVERY Auto towing svcs: Police 180.00 180.00 125626 07/31/2008 OD9950 HALL, JONATHAN Reimb:Google Cf 5127-29 SnFrsco 162.56 162.56 125627 07!3112008 OD0186 HANKS HARDWARE INC Hardware supplies: Smart Prgm 435.82 Hardware supplies: Aquatics 195.26 Credit: returned supplies -43.26 Hardware supplies: Library 162.67 Hardware supplies: Ch Museum 0.81 Hardware supplies: TCSD 431.51 Hardware supplies: Library 53.46 Hardware supplies: PW Maint 61.07 Hardware supplies:CRClSports 1,282.22 2,579.56 125628 07/3112DD8 012179 HARNED, JOANNE refund: security dep CRC 7120 150.00 150.OD 125629 07131!2008 006250 HAZ MAT TRANS INC Jun Haz Mat waste disposal: PW 1,535.00 1,535.00 125630 07/31!2008 001135 HEALTHPOINTE MEDICAL Employee injury diagnosis 257.84 GROUPING Pre-employment physicals: HR 100.00 Pre-employment physicals: HR 75.00 Pre-employment physicals: HR 383.00 Pre-employment physicals: HR 33.OD credit: emp TB test charge -8.OD credit: emp TB test charge -8.00 832.84 125631 07!3112008 OD7792 HINTON, BEVERLY L. TCSD instructor earnings 115.50 TCSD instructor earnings 154.70 270.20 125632 07/31/2008 OD1158 HOLIDAY INN htI:IMSA Conf 9/21-24 San Diego 49D.DD 490.OD Page:3 apChkLst Final Check List Page: 4 07131!2008 1:24:0 7PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125633 07131!2008 012172 HOWIE, SANDY refund: security dep CRC 715 150.00 150.00 125634 07!3112008 011342 I A C ENGINEERING INC. Jun const svc:Mumieta Creek Trl 162,081.82 retention w!h Jun canst svc:Mr Crk -16,208.18 145,873.64 125635 07/31/2008 003296 INTL CODE COUNCIL 08109 Gvt Mbr Dues 0927009 EW 180.00 180.00 125636 07131!2008 006924 INTL MUNICIPAL 51GNAL ASSOC. Trffc Sgnl Lvl II 9/22-25 San Diego 225.00 225.00 125637 07/3112008 003266 IRON MOUNTAIN OFFSITE Jun records storage:IS back-up tape 486.61 486.61 125638 07131!2008 012178 ISEMAN, BERNADITA refund: security dep RRSP 7119 150.00 150.00 125639 07/31/2008 005454 ISLAMIC CENTER OF TEMECULA Refund: Security Dep CRG 7/6 150.00 150.00 VLY 125640 07/31/2008 012173 JOSE, LUCI Y. refund: Library room rental 7126 70.00 70.00 125641 07/31/2008 003046 K F R O G 95.1 FM RADIO Radio broadcasting:St Paint Fest 850.00 Radio broadcasting:Western Days 765.00 1,615.00 125642 07/3112008 004546 KING, JAMES N. PerFormance:7/18 concert series 1,400.00 1,400.00 125643 07/3112008 008680 LA-Z-BOY Furniture: Stn 73 4,993.78 4,993.78 125644 07131!2008 002519 LAB SAFETY SUPPLY INC Safety supplies: PW Maint 15.10 15.10 125645 07/3112008 012065 LANCE, SOLL & LUNGHARD LLC City audit svcs:FY 07108 15,000.00 15,000.00 125646 07/31/2008 004905 LIEBERT, CASSIDY& WHITMORE Jun HR legal svcsforTE060-01 81.00 81.00 125647 07/31/2008 003726 LIFE ASSIST INC medical supplies: Paramedics 626.26 626.26 125648 07/31/2008 002634 LITELINES INC Street light poles: Old Town 6,572.75 6,572.75 125649 07131!2008 004307 MARINE BIOCHEMISTS Jul water maint srvcs:HarvlDuck Pond 4,855.00 4,855.00 125650 07/3112008 011259 MARKEN, LESLIE A. Lecture Fees:history museum 7130 200.00 200.00 Page:4 apChkLst 07131!2008 1:24:07PM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125651 07131!2008 008555 MERCURY INSURANCE release claims agreement payment 3,884.92 3,884.92 125652 07!3112008 011440 MILLMORE'S WAX CREW City veh. detailing srvcs:PW Depts 125.OD 125.00 125653 D7l3112008 001384 MINUTEMAN PRESS Business Cards: M Vollmuth 44.95 qty 5000 envelopes:fire prevention 375.29 envelopeslstationery supplies:csd 856.26 Bus.Cards:G Wolnick/C Damko/A Adams 451.98 qty 5000 envelopes:Planning Dept 562.08 2,290.56 125654 07!3112008 004020 MISSION INN FOUNDATION depasit:excursionlmpsc 12!8108 162.50 162.50 125655 07/31!2008 002925 NAPA AUTO PARTS misc supplies: stn 84 18.06 18.06 125656 07/31!2008 010507 NEW ENGLAND HISTORIC software renewal:library 150.00 150.00 125657 07/31!2008 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:children'smuwum 56.36 56.36 DIV 125658 07/3112008 001171 ORIENTAL TRADING COMPANY Misc rec supplies:children'smuwum 48.85 48.85 INC 125659 07!3112008 005456 OTT, WENDELL reimb:Smr Explorers Prgm excursion 7118 165.00 165.00 125660 07!3112008 000249 PETTY CASH Petty Cash Reimbursement 1,140.10 1,140.10 125661 07/3112008 004029 R J M DESIGN GROUP INC Jun dsgn:redhawk parks improvment 13,605.50 13,605.50 125662 07131!2008 000262 RANCHO CALIF WATER DISTRICT Jul Various Water Meters TCSD 4,303.51 Jul 01-08-38009-0 T.C.C. 115.61 4,419.12 125663 07131!2008 008097 RECY-CAL SUPPLY COMPANY Office recycling waste bins:citywide 239.15 239.15 125664 07/31!2008 004584 REGENCY LIGHTING electrical supplies: city hall 50.43 50.43 125665 07!3112008 004498 REPUBLIC INTELLIGENT Traffic sig repair&maint:R.C.lBus.Prk W. 4,005.56 1111/07-5129!08 eng srvcs:pw traffic 3,465.00 7,470.56 125666 07/3112008 000353 RIVERSIDE CO AUDITOR add'! fy08/09 LAFCO cost allocation:Ping 123.35 fy08109 LAFCO cost allocation:Ping 7,308.48 7,431.83 Pagea apChkLst Final Check List Page: 6 07131!2008 1:24:0 7PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125667 07/3112008 000406 RIVERSIDE CO SHERIFFS DEPT 05122-6/30108 Law Enforcement 1,880,499.91 1,880,499.91 125668 07/31/2008 DD0406 RIVERSIDE CO SHERIFFS DEPT Radartrng:8111-13 Dep. Hamilton 72.00 Radar-Lasertrng:8114 Dep. Hamilton 25.00 97.00 125669 07/31/2008 DD3587 RIZZO CONSTRUCTION INC porch/railing repairs:C. Museum 5,279.00 5,279.DD 125670 07/31/2008 011511 SCUBA CENTER TEMECULA TCSD Instructor Earnings 588.00 588.OD 125671 07!3112008 010803 SEAN MALEK ENGINEERING & CIO # 5 Pmt:Rancho Cal Rd Widening 126,615.24 126,615.24 CONST 125672 07/31/2008 012129 SHAKESPEARE IN THE VINES Twelfth Night 7/18-20 performances:Thtr 1,994.43 1,994.43 125673 07/3112008 009213 SHERRY BERRY MUSIC Jazz @ the Merc 7!24108 451.50 451.50 125674 07/3112008 010745 SHERWIN WILLIAMS painting supplies: harv lake park 32.80 32.80 125675 07/3112008 OD0645 SMART & FINAL INC Coffeelkitchen supplies:c.h.lw.w./foc 219.77 Recreation Supplies:SMART pgrm 45.47 Misc supplies:day camp 211.64 476.88 Page6 apChkLst Final Check List Page: 7 07131!2008 1:24:0 7PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125676 07/3112008 000537 SO CALIF EDISON Jul 2-29-807-1382 Irrigation Meter 16.95 Jul 2-29-807-1093 Irrigation Diaz Rd 18.20 Jul 2-29-807-1226 Diaz Rd Irrigation 16.70 Jul 2-Z9-223-8607 Old Twn PED 1,605.69 Jul 2-21-981-4720 Hwy 79S 56.88 Jul 2-19-171-8568 Wedding Chpl 78.91 Jul 2-20-817-9929 Police O.T. Stn 316.52 Jul 2-Z9-657-2787 Winchester Rd 16.95 Jul 2-30-296-9522 Rancho Vista Rd 894.27 Jul 2-27-371-8494 Offsite Storage 24.03 Jul 2-30-520-4414 Tem. Pkwy 101.45 Jul 2-28-904-7706 Overland Trail 177.46 Jul 2-29-29x3510 Wolf Vlly 1,621.46 Jul 2-29-224-0173 Fire Stn 2,645.24 Jul 2-14-204-1615 Front St Rdio 25.57 Ju12-29-933-3831 FOC 2,627.95 Jul 2-29-953-8249 Wolf Grk Dr PED 16.95 Jul 2-29-458-7548 Wolf Crk PED 68.81 Jul 2-29-953-8082 Wolf Valley 20.17 Jul 2-00-397-5042 City Hall 9,638.94 Jul 2-25-393-4681 TES Pcol 743.26 Jul 2-02-351-4946 MPSC 2,217.50 Ju12-18-937-3152T.Museum 1,562.98 24,512.84 125677 07/3112008 001212 SO CALIF GAS COMPANY Jul 181-383-8881-6 T. Museum 17.70 Jul 133-040-7373-0 Maint Fac 40.25 Jul 021-725-0775-4 MPSC 1D1.92 Jul 026-671-2909-8 Community Theater 36.83 Jul 125-244-2108-3 Library 15.29 Jul 101-525-0950-0 TCC 91.66 Jul 095-167-7907-2 Fire Stn 84 206.61 Jul 101-525-1560-6 Fire Stn 73 100.60 Jul 091-024-9300-5 CRC 508.20 Jul 129 582 9784 3 FOC 48.82 1,167.88 125678 07/3112008 OD7341 SOUTH COAST WINERY, INC. dpst:rfrshmnts/S.Cities-Voorburg 9118-22 3,800.00 3,800.00 125679 07/3112008 007341 SOUTH COAST WINERY, INC. dpst:rentallS.Cities-Voorburg 9118-22 900.00 900.00 125680 07/31/2008 DD0519 SOUTH COUNTY PEST CONTROL Pest control srvcs:crowne hill 84.DD INC Pest control srvcs:redhawk park 84.00 168.00 125681 07/31/2008 DD0293 STADIUM PIZZA INC refreshments:day camp 7117 348.75 348.75 125682 07/31/2008 011341 STEARNS, CONRAD & SCHMIDT balance due1SEIR consult:haspital prjt 3,323.46 3,323.46 Page:? apChkLst Final Check List Page: 8 07131!2008 1:24:0 7PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125683 07131!2008 001505 STEEPEN, SUE reimb:misc supplieslcity mgr ofc 86.19 86.19 125684 07!3112008 008373 SUNBELT RENTALS INC rental equipment:4th of July 1,284.90 1,284.90 125685 D713112008 007698 SWANK MOTIONS PICTURES, "Little Big League" rentals:movies/prk 296.00 INC. "Madagascar" rental:movieslpark 7125 371.00 667.00 125686 07/31/2008 011897 TAGIAMB INC 1st yr agency membership fee 100.00 100.00 125687 07/3112008 000305 TARGET BANK BUS CARD SRVCS Misc supplies:mpsc 88.83 Misc supplies:mpsc 83.98 Misc equip:teen pgrm 105.41 Misc equip:teen pgrm 52.32 Misc Supplies: SMART program 46.10 Misc supplies:day camp 139.38 516.02 125688 07/3112008 003760 TEMECULA OFFROAD & equipment for police motorcycles 250.00 250.00 PERFORMANCE 125689 07/3112008 003067 TEMECULA VALLEY R V SERVICE Veh repair & maint:pd atvtrailer 420.35 420.35 125690 07131!2008 004274 TEMECULA VALLEY SECURITY Locksmith srvcs:library 474.10 474.10 CENTR 125691 07/3112008 001403 TEMECULA VALLEY SOCCER refund:room rental/CRC 7119108 123.00 123.00 ASSN 125692 07/3112008 011090 TEMECULA VALLEY transportation:history musexcursion 430.70 430.70 TRANSPORTATION 125693 07/31!2008 007636 THERMO ENVIRONMENTAL Gas monitor battery replacement:stn 73 189.87 189.87 125694 07!3112008 011983 THUNDEMORKS MOBILE City vehicle modification:Fire 6,008.54 6,008.54 ENGINEERING 125695 07/3112008 000668 TIMMY D PRODUCTIONS ING DJ srvcs:teen summer concert 7/25 425.00 DJ srvcs:teen pool party 7119 450.00 DJ srvcs:balloon glow 7/11108 1,200.00 DJ srvcs:teen pool party 6128 450.00 2,525.00 125696 07/3112008 000319 TOMARK SPORTS INC Volley ball net:win creek park 154.66 154.66 125697 07/3112008 010558 TRADE IN.COM INC furniture installation:FireNVest Wing 10,678.30 10,678.30 Page:B apChkLst Final Check List 07131!2008 1:24:0 7PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid 125698 07131!2008 011232 TURNER ELECTRIC bal.due:light pole install:Vail Ranch 2,327.33 bal.due:electric mtrinstall:Harv.Prk 4,271.55 125699 07/31!2008 OD4145 TW TELECOM Jul City phones general usage 5,058.79 125700 07/31/2008 010276 TW TELECOM Jul high speed Internet mpsc 44.95 125701 07131!2008 011544 U S GREEN BUILDING COUNCIL LEED Homes trng S.D.,Ca 7117 R.Jensen 255.00 125702 07/3112008 004261 VERIZON Jul xxx-2075 general usage 27.78 Jul xxx-3984 M.Naggar 24.66 Jul xxx-5706 Field OPS Cntr 304.91 Jul xxx-5275 PD DSL 34.96 Jul xxx-3526 fire alarm 101.64 Jul xxx-2676 general usage 38.99 Jul xxx-7786 C. Washington 36.42 Jul xxx-5696 Sports Complex 33.87 Jul xxx-2016 reverse 911 120.33 125703 07/3112008 012175 WEBER, TIMMI refund:"Is My Cat O.K.?"/Library 14.00 125704 07!3112008 011869 WEITZ, MICHELLE perFormance:csd concert series 8!7 1,800.00 125705 07/3112008 004774 WOODCRESTUNIFORMS Uniforms:policevolunteers 443.93 125706 07/31/2008 010193 WOOLSTENHULME, LUCIA TCSD Instructor Earnings 128.80 TCSD Instructor Earnings 42.00 Grand total for UNION BANK OF CALIFORNIA Page: 9 Check Total 6,598.88 5,058.79 44.95 255.00 723.56 14.00 1,800.00 443.93 170.80 2,383,470.11 Page9 apChkLst Final Check List Page: 10 07/3112008 1:24:07PM CITY OF TEMECIJLA 121 checks in this report. Grand Tatal All Checks: 2,381,884.95 Page:10 ITEM RI~J. 4 Approvals City Attorney Director of Finance S~~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: August 12, 2008 SUBJECT: City Treasurer's Report as of June 30, 2008 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of June 30, 2008. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of June 30, 2008. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of June 30, 2008 City of Temecula, California Portfolio Management Portfolio Summary June 30, 2008 City of Temecula 43200 Business Park Drive P-O- BOX 9033 Temecula, CA. 92590 (951)694-6430 Investments Par Value Market Value Book Value a/o of Portfolio Term Days to Maturity YTM 360 Equiv. YTM 365 Equiv. Certificates of Deposit -Bank 873,983.53 873,983.53 873,983.53 0.36 1,177 792 5.saa 5.678 Managed Pool Accounts 114,699,879.56 114,699,879.56 114,699,879.56 46.73 1 1 3.110 3.153 LetterafCredit 3.00 3.00 3.00 a.aa 1 1 a.aoa a.aaa Local Agencylnv~tment Funds 76,481,459.57 76,x78,309.15 76,481,459.57 31.16 1 1 2.885 2.925 Commercial Paper - Intermit Bearing 5,940,094.20 5,940,094.20 5,940,094.20 2.42 163 63 2.278 2.309 FederalAgencyCallableSecurities 39,x00,000.00 39,475,708.00 39,397,187.50 16.05 1,483 1,310 4.294 4.354 FederalAgencyBulletSecurities 3,000,000.00 2,985,320.00 2,993,700.00 1.22 1,135 914 3.448 3.496 Investment Contracts 5,066,488.76 5,066,488.76 5,066,488.76 2.06 9,336 7,006 4.289 4.349 245,461,908.62 245,519,786.20 245,452,796.12 100.00% 453 371 3.247 3.292 Investments Cash and Accrued Interest PassbooklChecking 1,573,765.39 1,573,765.39 1,573,765.39 1 1 0.000 0.000 (not included in yield calculations) Accrued Interest at Purchase 982.7a 982.7a Subtotal 1,574,748.17 1,574,748.17 Total Cash and Investments 247,035,674.01 247,094,534.37 247,027,544.29 453 371 3.247 3.292 Total Earnings June 30 Month Ending Fiscal Year Ta Date Fiscal Year Ending Current Year 700,332-28 11,178,079-50 11,178,079-50 Average Daily Balance 250,489,803.18 216,109,957.44 Effective Rate of Return 3-40% 5.16% Reporting period 06!01!2008-06!30!2008 Portfolio TEME CP Run Date: 08+05+2008 - 09:35 PM (PRF_PM1) SymRept &.41.202a Report Ver. 5.00 City of Temecula, California Portfolio Management Portfolio Details -Investments June 30, 2008 Page 2 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Date Certificates of Deposit -Bank 95453518-2 86-12 GENIM2 USBANK 06/12/2007 873,983.53 673,983.53 873,983.53 5.600 Subtotal and Average 873,983.53 873,983.53 873,983.53 873,983.53 Managed Pool Accounts 122216003-2 CITY COP RE2 SYSCERBT2008 CERBT2008 104348006 01-2 1MP 104348006 01-2 RESA 104348016 01-2 RES B 104348000 01-2 SP TAX 94669911 03-1 ACO Al 94669921 03-1 ACQ Bi 94669902 03-1 BOND 94669916 03-1 RES B 94669000 03-1 SP TAX 793593011 03-2 ACQ 793593009 03-2 EMW D 793593007 03-2 1MP 793593010 03-2 PW ADM 793593006 03-2 RES 793593000 03-2 SP TX 744727011 03-3 ACQ 1 744727002 03-3 BOND 744727007 03-3 CITY 1 744727009 03-3 EMW D 1 94669000 03-3 SP TAX 94686001 03-4 ADMIN 94686005 03-4 PREPMT 94686000 03-4 REDEMP 94686006 03-4 RES 78776002 03-6 BOND 786776007 03-6 1MP 786776006 03-6 RES 786776000 03-6 SP TAX 95453510 86-12 BOND 95453518 88-12 GEN I 122216009 GITY COP COS 122216003 CITY COP RES Run Date: 08105(2008 - 09:35 5.600 5.G78 792 09.101!2010 5.600 5.678 792 ASSURED GUARANTY 03/13/2008 1.00 1.00 1.00 1.000 0.986 1.000 1 CALPERS EMPLOYEE RETIREE BENEF 05/31!2008 3,488,896.00 3,488,896.00 3,488,896.00 7.750 7.644 7.750 1 First American Treasury 255,750.23 255,750.23 255,750.23 1.520 1.499 1.520 1 First American Treasury 401.48 401.48 401.48 1.520 1.499 1.520 1 First American Treasury 189.75 189.75 189.75 1.520 1.499 1.520 1 First American Treasury 463,044.65 463,044.65 463,044.65 1.520 1.499 1.520 1 First American Treasury 4,249.17 4,249.17 4,249.17 1.520 1.499 1.520 1 Firsk American Treasury 15,030.15 15,030.15 15,030.15 1.520 1.499 1.520 1 First American Treasury 0.34 0.34 0.34 2.940 2.900 2.940 1 First American Treasury 205.41 205.41 205.41 1.520 1.499 1.520 1 First American Treasury 456,464.17 456,464.17 456,464.17 1.520 1.499 1.520 1 First American Treasury 91,526.06 91,526.06 91,526.06 1.520 1.499 1.520 1 First American Treasury 4,206.23 4,206.23 4,206.23 1.520 1.499 1.520 1 First American Treasury 3,422.97 3,422.97 3,422.97 1.520 1.499 1.520 1 First American Treasury 124.20 124.20 124.20 1.520 1.499 1.520 1 Firsk American Treasury 365.54 365.54 365.54 1.520 1.499 1.520 1 First American Treasury 1,776,636.95 1,776,636.95 1,776,636.95 1.520 1.499 1.520 1 First American Treasury 672.64 672.64 672.64 1.520 1.499 1.520 1 First American Treasury 0.51 0.51 0.51 1.960 1.933 1.960 1 First American Treasury 818.94 818.94 818.94 1.520 1.499 1.520 1 First American Treasury 387.72 387.72 387.72 1.520 1.499 1.520 1 First American Treasury 963,394.21 963,394.21 963,394.21 1.520 1.499 1.520 1 First American Treasury 17,787.71 17,787.71 17,787.71 1.520 1.499 1.520 1 Firsk American Treasury 4,049.14 4,049.14 4,049.14 1.520 1.499 1.520 1 First American Treasury 46,935.40 46,935.40 46,935.40 1.520 1.499 1.520 1 First American Treasury 87.94 87.94 87.94 1.520 1.499 1.520 1 First American Treasury 0.02 0.02 0.02 4.740 4.675 4.740 1 First American Treasury 18.07 18.07 18.07 1.520 1.499 1.520 1 First American Treasury 307.11 307.11 307.11 1.520 1.499 1.520 1 First American Treasury 156,567.82 156,567.82 156,567.82 1.520 1.499 1.520 1 First American Treasury 2,927.19 2,927.19 2,927.19 1.520 1.499 1.520 1 First American Treasury 07/01!2007 24.07 24.07 24.07 1.520 1.499 1.520 1 First American Treasury 03/13/2008 40,584.92 40,584.92 40,584.92 1.520 1.499 1.520 1 First American Treasury 03/13!2008 539.14 539.14 539.14 1.520 1.499 1.520 1 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.202a Report Ver. 5.00 City of Temecula, California Portfolio Management Portfolio Details -Investments June 30, 2008 Page 3 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Date Managed Pool Accounts 107886a0a RDA 06 A INT First American Treasury 200. 76 200.78 200.76 1.520 1.499 1.520 1 107886010 RDA 06 B INT First American Treasury 0. 04 0.04 0.04 1.520 1.499 1.520 1 107686a06 RDA 06 CIP A First American Treasury 1,753. 00 1,753.00 1,753.00 1.520 1.499 1.520 1 107886018 RDA 06 CIP B First American Treasury 6,787. 44 6,787.44 6,787.44 1.520 1.499 1.520 1 107686a16 RDA 06 RES B First American Treasury 202,381. 84 202,381.64 202,361.84 1.520 1.499 1.520 1 107886030 RDA 07 CAP I First American Treasury 11/01!2007 35. 55 35.55 35.55 1.520 1.499 1.520 1 107886a29 RDA 07 COI First American Treasury 11/01/2007 0. 00 0.00 0.00 1.820 1.795 1.820 1 107886027 RDA 07 ESCRO First American Treasury 11/01!2007 452. 33 452.33 452.33 1.520 1.499 1.520 1 107686a28 RDA 07 PROJE First American Treasury 11/01/2007 17,235. 44 17,235.44 17,235.44 1.520 1.499 1.520 1 107886026 RDA 07 RESER First American Treasury 11/01!2007 90. 97 90.97 90.97 1.520 1.499 1.520 1 94434160 RDA TABS INT First American Treasury 746. 32 746.32 746.32 1.520 1.499 1.520 1 94432360 TCSD COPS IN First American Treasury 22. 59 22.59 22.59 1.520 1.499 1.520 1 793593a11-1 03-2-1 ACOUI CA Local Agency Investment Fun 07/01/2007 41,179,612. 61 41,179,812.61 41,179,612.61 3.072 3.030 3.072 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 07/01!2007 1,506,225. 49 1,506,225.49 1,506,225.49 3.072 3.030 3.072 1 793593a07-1 03-2-1 IMPRO CA Local Agency Investment Fun 07/01/2007 1,156,673. 59 1,158,873.59 1,158,873.59 3.072 3.030 3.072 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 07/01!2007 685,690. 54 685,690.54 685,690.54 3.072 3.030 3.072 1 793593a06-3 03-2-3 RESER CA Local Agency Investment Fun 07/01/2007 3,757,610. 42 3,757,810.42 3,757,610.42 3.072 3.030 3.072 1 122216008 CITY COP CIP CA Local Agency Investment Fun 03/13!2008 22,548,795. 38 22,548,795.38 22,548,795.38 3.072 3.030 3.072 1 122216a03-1 CITY COP RE1 CA Local Agency Investment Fun 03/13/2008 792,715. 43 792,715.43 792,715.43 3.072 3.030 3.072 1 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 16,745,202. 09 16,745,202.09 16,745,202.09 3.072 3.030 3.072 1 107686a1 B-2 RDA 06 CIP-2 CA Local Agency Investment Fun 2,955,642. 46 2,955,842.48 2,955,642.46 3.072 3.030 3.072 1 107886030-1 RDA 07 CAP-1 CA Local Agency Investment Fun 11/01!2007 465,699. 24 465,699.24 465,699.24 3.072 3.030 3.072 1 107886a27-1 RDA 07 ESC-1 CA Local Agency Investment Fun 11/01/2007 4,115,635. 09 4,115,635.09 4,115,635.09 3.072 3.030 3.072 1 107886028-1 RDA 07 PRO-1 CA Local Agency Investment Fun 11/01!2007 9,934,591. 73 9,934,591.73 9,934,591.73 3.072 3.030 3.072 1 107886a26-1 RDA 07 RES-1 CA Local Agency Investment Fun 11/01/2007 827,660. 32 827,660.32 627,660.32 3.072 3.030 3.072 1 107886006 RDA 06 RES A MBIA Surety Bond 1. 00 1.00 1.00 2.190 2.160 2.190 1 94434166 RDA TABS RES MBIA Surety Bond 1. 00 1.00 1.00 2.190 2.160 2.190 1 Subtotal and Average 112,735,693.03 114,699,879.56 114,699,879.56 114,699,879.56 3.110 3.153 1 Letter of Credit 104348006-1 02a06 ASSURANCE CO BOND INSURANCE 793593006-2 02006 Citibank, N.A. 793593a06-1 02a05 Ohio Savings Bank a7/o112ao7 1.oa 1.ao 07/01!2007 1.00 1.00 a7/o112ao7 t.oa 1.ao 3.00 3.00 t.oa 1.00 t.oa 3.00 O.OaO 0.000 o.ooo o.ooo a.aao o.oaa Subtotal and Average 3.00 Local Agency Investment Funds 94669911-1 03-1 ACOA2 94669921-1 03-1 ACOB2 CA Local Agency Investment Fun CA Local Agency Investment Fun Run Date: 08105(2008 - 09:35 1,463,985.72 1,463,985.72 3,743,619.69 3,743,619.69 0.000 0.000 1 1,463,985.72 3.072 3.030 3.072 3,743,619.69 3.072 3.030 3.072 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details -Investments June 30, 2008 Page 4 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance []ate Par Value Market Value Baak Value Rate 360 365 Maturity Date Local Agency Investment Funds 744727011-1 03-3 ACQ2 CA Local Agency Investment Fun 5,188,802.52 5,188,802.52 5,186,802.52 3.072 3.030 3.072 1 744727007-1 03-3CITY2 CA Local AgencylnvestmentFun 1,871,448.59 1,871,448.59 1,871,448.59 3.072 3.030 3.072 1 744727009-1 03-3 EMW D 2 CA Local Agency Investment Fun 417,840.09 417,840.09 417,840.09 3.072 3.030 3.072 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 510,260.06 510,260.06 510,260.06 3.072 3.030 3.072 1 SYSCITY CITY CA Local Agency Investment Fun 21,246,029.57 21,244,971.92 21,246,029.57 2.894 2.654 2.894 1 SYSRDA RDA CA Local Agency Investment Fun 18,634,435.99 18,633,508.35 18,634,435.99 2.894 2.854 2.894 1 SYSTCSD TCSD CA Local Agency Investment Fun 23,405,037.34 23,403,872.21 23,405,037.34 2.894 2.854 2.894 1 Subtotal and Average 84,444,065.37 76,481,459.57 76,478,309.15 76,481,459.57 2.885 2.925 1 Commercial Paper -Interest Bearing 104348006-2 01-2RESA1 USBANK 03/18/2008 441,166.18 441,166.18 441,166.18 2.150 2.150 2.180 63 09/02/2008 104348016-1 01-2 RES B 1 USBANK 03/18!2008 202,728.75 202,728.75 202,728.75 2.150 2.150 2.180 63 09!02!2008 104348000-1 01-2 SP TX 1 USBANK 03/24/2008 44,698.49 44,696.49 44,698.49 2.200 2.200 2.231 63 09/02/2006 104348000-2 01-2 SP TX2 USBANK 03/18!2008 120,570.24 120,570.24 120,570.24 2.150 2.150 2.180 63 09!02!2008 94669916-1 03-1 RES B 1 USBANK 03/18/2008 223,360.03 223,360.03 223,360.03 2.150 2.150 2.180 63 09/02!2008 94669900-1 03-1 SP TX 1 USBANK 03/24!2008 48,423.78 48,423.78 48,423.78 2.200 2.200 2.231 63 09!02!2008 94669900-2 03-1 SP TX2 USBANK 03/18/2008 209,621.44 209,621.44 209,621.44 2.150 2.150 2.180 63 09/02/2006 793593016 03-2 LOC USBANK 03/27!2008 3,412,374.62 3,412,374.62 3,412,374.62 2.370 2.370 2.403 63 09!02!2008 793593000-1 03-2 SP TX 1 USBANK 03/18/2008 418,562.66 418,562.66 418,562.66 2.150 2.150 2.180 63 09/02/2008 744727000-1 03-3 SP TX 1 USBANK 03/18!2008 226,362.05 226,362.05 226,362.05 2.150 2.150 2.180 63 09!02!2008 744727000-2 03-3 SP TX 2 USBANK 03/18/2008 56,681.63 56,661.63 56,681.63 2.200 2.200 2.231 63 09/02/2006 SYS03-4 REDEMP2 03-4 REDEMP2 USBANK 03/03!2008 50,780.20 50,780.20 50,780.20 2.150 2.150 2.180 63 09!02!2008 SYS03-4 RESER-2 03-4 RESER-2 USBANK 03/03/2008 96,467.50 96,467.50 96,467.50 2.150 2.150 2.180 63 09/02!2008 786776006-1 03-6 RES-1 USBANK 03/18!2008 338,657.38 338,657.38 338,657.38 2.150 2.150 2.180 63 09!02!2008 786776000-1 03-6 SP TX-1 USBANK 03/18/2008 11,420.22 11,420.22 11,420.22 2.150 2.150 2.180 63 09/02/2006 786776000-2 03-6 SP TX-2 USBANK 03/24!2008 10,581.77 10,581.77 10,581.77 2.200 2.200 2.231 63 09!02!2008 95453518 88-12 G I ~ USBANK 03/18/2008 27,637.26 27,637.26 27,637.26 2.150 2.150 2.180 63 09/02/2008 Subtotal and Average 5,940,094.20 5,940,094.20 5,940,094.20 5,940,094.20 2.278 2.309 63 Federal Agency Ca llable Securities 3133X4M1 01075 Federal Farm Credit Bank 09/28!2007 1,000,000.00 1,020,310.00 1,000,000.00 5.000 4.932 5.000 1,550 09!28!2012 31331YSC5 01085 Federal Farm Credit Bank 02/06/2008 2,000,000.00 1,965,000.00 2,000,000.00 3.590 3.541 3.590 1,315 02!06!2012 31331YQX1 01086 Federal Farm Credit Bank 02/11!2008 2,000,000.00 1,999,380.00 2,000,000.00 3.000 2.959 3.000 590 02!11!2010 31331YTS9 01087 Federal Farm Credit Bank 02/14/2008 2,000,000.00 1,967,500.00 2,000,000.00 3.750 3.699 3.750 1,686 02/11/2013 31331WR5 01091 Federal Farm Credit Bank 03/24!2008 1,000,000.00 989,380.00 1,000,000.00 3.150 3.107 3.150 996 03!24!2011 31331YV49 01096 Federal Farm Credit Bank 06/11/2008 2,000,000.00 1,986,260.00 2,000,000.00 4.150 4.093 4.150 1,441 06!11!2012 31331Y2F6 01099 Federal Farm Credit Bank 06/30!2008 2,000,000.00 2,014,380.00 2,000,000.00 4.230 4.172 4.230 1,094 06!30!2011 3133XLSC]7 01069 Federal Home Loan Bank 07/30/2007 1,000,000.00 1,027,810.00 1,000,000.00 5.650 5.573 5.650 1,490 07!30!2012 PortfolioTEME GP Run Date: 08105(2008 - 09:35 PM (PRF_PM2} SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details -Investments June 30, 2008 Page 5 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Date Federal Agency Callable Securities 3133XLXW6 01071 Federal Home Loan Bank 08/15/2007 1,000,000.00 1,003,440.00 1,000,000.00 5.500 5.425 5.500 1,506 08!15!2012 3133XK2N4 01072 Federal Home Loan Bank 08/24!2007 2,000,000.00 2,031,260.00 2,000,000.00 5.330 5.256 5.329 1,344 03!06!2012 3133XM5R6 01073 Federal Home Loan Bank 08/28/2007 1,000,000.00 1,018,750.00 1,000,000.00 5.080 5.011 5.080 1,151 08!26!2011 3133XM5E7 01074 Federal Home Loan Bank 08/28!2007 1,000,000.00 1,023,440.00 1,000,000.00 5.220 5.135 5.206 1,519 08!28!2012 3133XMDM0 01077 Federal Home Loan Bank 10/02/2007 1,000,000.00 1,006,250.00 1,000,000.00 5.300 5.227 5.300 1,554 10/02/2012 3133XMLM1 01079 Federal Home Loan Bank 10/17!2007 1,000,000.00 1,005,630.00 1,000,000.00 5.000 4.930 4.999 1,203 10!17!2011 3133XMLG4 01080 Federal Home Loan Bank 10/18/2007 1,000,000.00 1,006,560.00 1,000,000.00 5.200 5.128 5.200 1,561 10/09/2012 3133X4EF5 01089 Federal Home Loan Bank 04/02!2008 1,000,000.00 993,750.00 1,000,000.00 3.800 3.748 3.800 1,371 04!02!2012 3133XQY46 01093 Federal Home Loan Bank 64/28/2008 1,000,000.00 993,440.00 1,000,000.00 3.600 3.551 3.600 1,214 10!28/2011 3133XKH24 1062 Federal Home Loan Bank 04/16!2007 1,000,000.00 1,017,500.00 1,000,000.00 5.250 5.178 5.250 1,385 04!16!2012 3126X6ML7 01076 Federal Home Loan Mtg Corp 10/01/2007 1,000,000.00 1,005,270.00 1,000,000.00 5.000 4.932 5.000 822 10.101!2016 3128X6MQ6 01081 Federal Home Loan Mtg Corp 10/18!2007 1,000,000.00 1,004,770.00 1,000,000.00 5.250 5.177 5.249 1,553 10!01!2012 3126X6RP3 01082 Federal Home Loan Mtg Corp 11/28/2007 1,400,006.00 1,405,486.00 1,400,000.00 4.600 4.537 4.600 678 11!26!2010 3128X6L61 01084 Federal Home Loan Mtg Corp 02/04!2008 2,000,000.00 1,990,046.60 2,000,000.00 4.000 3.945 4.000 1,679 02!04!2013 3126X7TY0 01095 Federal Home Loan Mtg Corp 06/04/2008 2,000,000.00 1,998,840.00 2,000,060.00 4.000 3.945 4.000 1,434 06/04!2012 3136F8TE5 01078 Federal National Mtg Assn 10115!2007 1,000,000.00 1,005,310.00 1,000,000.00 5.002 4.936 5.005 1,109 07!15!2011 3136F9CB7 01088 Federal National Mtg Assn 03/11/2008 2,000,000.00 1,968,760.00 2,000,000.00 4.000 3.945 4.006 1,714 03!11!2013 3136F9DP5 01090 Federal National Mtg Assn 03/27!2008 1,000,000.00 995,310.00 1,000,000.00 4.000 3.945 4.000 1,730 03!27!2013 3136F9MU4 01094 Federal National Mtg Assn 04/30/2008 1,000,000.00 997,190.00 1,000,000.00 3.000 2.959 3.000 668 04!30!2010 3136F9UF8 01097 Federal National Mtg Assn 06124!2008 1,000,000.00 1,001,250.00 1,000,000.00 3.600 3.551 3.600 906 12!24!2010 3136F9UP6 01096 Federal National Mtg Assn 06/24/2008 1,000,000.00 1,004,690.00 997,167.50 4.000 4.044 4.101 1,088 06!24!2011 31398ABC5 1065 Federal National Mtg Assn 05/11!2007 1,000,000.00 1,008,750.00 1,000,000.00 5.300 5.227 5.300 1,406 05!07!2012 Subtotal and Average 37,166,010.42 39,400,000.00 39,475,708.00 39,397,187.50 4.294 4.354 1,310 Federal Agency Bullet Securities 31331XMQ2 01059 Federal Farm Credit Bank 01/26!2007 1,000,000.00 1,033,446.60 1,000,000.00 5.000 4.934 5.002 694 05!26!2010 31331YG46 01092 Federal Farm Credit Bank 04/21/2008 2,000,000.00 1,951,880.00 1,993,700.00 2.630 2.703 2.740 1,024 04!21!2011 Subtotal and Average 2,993,700.00 3,000,000.00 2,985,320.00 2,993,700.00 3.448 3.496 914 Investment Contracts 94669906-1 03-1 RES A2 American International Group M 04/28!2004 863,900.00 863,900.00 863,900.00 4.830 4.764 4.830 9,192 08!31!2033 744727006-1 03-3 RESERV IXIS Funding Corp 07/28/2004 2,171,120.00 2,171,120.00 2,171,120.00 3.000 2.959 3.000 9,557 08!31!2034 95453518-1 88-12 GEN IM IXIS Funding Corp 07/24!1998 500,606.06 500,066.60 500,660.06 5.430 5.509 5.585 3,349 09!01!2017 95453516-1 88-12 RES 2 IXIS Funding Corp 07/24/1998 1,531,468.76 1,531,468.7E 1,531,468.76 5.430 5.509 5.585 3,349 09/01/2017 Subtotal and Average 5,066,488.76 5,066,488.76 5,066,488.76 5,066,488.76 4.289 4.349 7,006 PortfolioTEME GP Run Date: 08105(2008 - 09:35 PM (PRF_PM2} SymRept G.41.202a City of Temecula, California Portfolio Management Portfolio Details -Investments June 30, 2008 Page 6 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Baok Value Rate 360 365 Maturity Total and Average 250,489,803.18 245,461,908.62 245,519,786.20 245,452,796.12 3.247 3.292 371 Run Date: 08105(2008 - 09:35 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details -Cash June 30, 2008 Page 7 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Retention Escrow Account SYSBARNHART 1 BARN HART 1 California Bank & Trust 0.00 0.00 0.00 2.250 2.219 2.250 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01!2007 2,710.00 2,710.00 2,710.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2007 8,272.54 8,272.54 8,272.54 0.000 0.000 1 SYSGen CkAcct Gen CkAcct Union Bank of California 07/01!2007 1,526,203.85 1,526,203.85 1,526,203.85 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2007 36,579.00 36,579.00 36,579.00 0.000 0.000 1 Average Balance 0.00 Accrued Interest at Purchase 982.78 982.78 1 Subtotal 1,574,748.17 1,574, 748.17 Total Cash and Investments 250,489,803.18 247,035,674.01 247,094,534.37 247,027,544.29 3.247 3.292 371 Run Date: 08105(2008 - 09:35 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.202a CASH AND INVESTMENTS CITY OF TEMECULA AS OF JUNE 30, 21J08 Fund Total GENERAL FUND $ 46,889,587.98 STATE GAS TAX FUND 0.04 DEVELOPMENT IMPACT FUND 3,765,183.38 AB 2766 FUND 492,794.89 RDA DEV LOWIMOD 20% SET ASIDE 8,950,919.46 MEASURE A FUND 7,622,717.04 TEMECULA COMMUNITY SERVICES DISTRICT 1,813,069.64 TCSD SERVICE LEVEL "B" STREET LIGHTS 135,827.14 TCSD SERVICE LEVEL"C" LANDSCAPElSLOPE 597,981.43 TCSD SERVICE LEVEL "D" 2,357,372.42 TCSD SERVICE LEVEL "R" STREET/ROAD 38,565.85 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 271,416.51 TEMECULA LIBRARY FUND 1,960,507.93 CAPITAL IMPROVEMENT PROJECT FUND 44,181,651.96 CFD 01-2 HARVESTON A&B IMPROVEMENT 255,750.23 CFD 03-1 CROWNS HILL IMPROVEMENT FUND 5,226,884.73 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 7,479,970.50 CFD 03-6 HARVESTON 2 IMPROVEMENT FUND 510,278.13 CFD-RO RI PAUL H 43, 944, 066.95 REDEVELOPMENT AGENCY - CIP PROJECT 24,663,919.82 INSURANCE FUND 1,319,743.91 VEHICLES FUND 624,500.17 INFORMATION SYSTEMS 325,642.63 SUPPORT SERVICES 267,275.40 FACILITIES 10,209.88 CITY 2008 COP'S DEBT SERVICE 833,840.49 RDA DEBT SERVICE FUND 15,987,229.96 TCSD 2001 COP'S DEBT SERVICE 12,599.38 CFD 88-12 DEBT SERVICE FUND 4,622,790.47 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,357,837.19 CFD 03-1 CROWNS HILL DEBT SERVICE FUND 1,864,386.53 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 227,092.95 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 3,738,382.28 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 540,093.80 CFD- RORIPAUGH 10,632,499.31 CERBT CALIFORNIA EE RETIREE GASB 45 3,571,943.99 Grand Total: $ 247,094,534.37 ITEM RI~J. 5 Approvals City Attorney Director of Finance 5~~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: August 12, 2008 SUBJECT: Approve the Sponsorship Request for the 2008 Temecula Onstage Event PREPARED BY: Gloria Wolnick, Management Analyst RECOMMENDATION: That the City Council approve the event sponsorship agreement in the amount of $7,500 cash and actual city support costs in the amount up to $6,025 for Temecula Onstage and authorize the Mayor to execute the following Agreement. BACKGROUND: Staff has received a sponsorship request for the 2008 Temecula Onstage event from Wishes For Children. Wishes For Children (WFC), is a local non-profit organization whose charitable work and contribution have benefited many local children in the Temecula Valley. WFC has hired Valley Events to produce and promote Temecula Onstage. Valley Events has over 25 years of experience creating, managing and promoting local corporate and themed events, grand openings, and award ceremonies. Temecula Onstage plans to donate up to a maximum of $5,000 to Wishes for Children. 2008 Temecula Onstage Staff has received a request from Wishes For Children to provide $7,500 cash and city support costs in the amount up to $6,025 to produce and promote the Temecula Onstage event. Temecula Onstage will be held in Old Town Temecula on Saturday, August 30, 2008. Specific locations in Old Town include: Main Street between Old Town Front Street and the east edge of the Children's Museum driveway. Access to the Children's Museum and Temecula Community Theaterwillrernain accessible during regular hours of operation. The Silent Auction will take place in the Mercantile Building. This venue will require the closure of Main Street on Saturday, August 30, 2008. The street closure will be brought to Council for separate action prior to the event. The 7th annual Temecula Onstage will continue with the same format as in previous years. The area's top chefs and wine makers will be showcased along with a variety of performance arts including local musicians, vocalists, actors and dancers. There are 500 guests expected for the 2008 event. The promotional program will include: mailed invitations, several e-blasts to residents and the business community, print advertising in the daily, weekly and monthly publications throughout the Inland Empire, radio advertising, direct mail through the Chamber{s} newsletters and an aggressive public relations campaign. Temecula Onstage brings recognition to the local restaurants and wineries of Temecula. The event also allows patrons to donate funds to a charitable organization serving the Temecula Valley. 2007 Temecula Onstage Highlights The 2007 Temecula Onstage event was produced by The Temecula Theater Foundation. There were approximately 500 guests in attendance. Participation for the 2007 event included many local wineries and specialty food items were prepared and served by guest chefs from local restaurants. Live music was provided an two stages and in the Mercantile. Headline entertainment was provided by Blood Sweat & Tears. Other performers included: Blackout 101, Sherry Williams, Michael Paulo, Joelle James, Jimmy Patton Quartet and Matthew Fagen. Marketing and publicity for the 2007 event included invitations which were sent to approximately 1,500 people and event flyers were distributed to Old Town merchants and other retail locations throughout Temecula. Other forms of publicity included The Theater Foundation, and Old Town Temecula Community Theater websites, Theater Foundation newsletter and a-mail blasts. Print advertising included: The Press-Enterprise, Neighbors Newspaper, Valley Business Journal, Valley Living Magazine, The Country Review, Entertainment Roundup, The Valley News, and the Fallbrook/Bonsall Village News. Several press releases and radio PSAs were sent to local media. During the week prior to the event, Clear Channel had ticket giveways to promote the event. FISCAL IMPACT: The Temecula Onstage funding of $7,500 cash is appropriated in Economic Development Account #001-111-999-5266. The city-support costs of $6,025 for Temecula Onstage are included in the FY2008-09 Operating Budget of the various support departments. ATTACHMENTS: Temecula Onstage Attachment A -Sponsorship Benefits Attachment B -Estimated Value of City Support Services and Costs Attachment C - 2008 Event & Media Promotions Attachment D - 2008 Budget Attachment E - 2007 Temecula Onstage Recap Attachment F - 2008 Sponsorship Agreement 2008 TEMECULA ONSTAGE Attachment A Sponsorship Benefits ~"~G~~~T~ iql +~ ~~~a ~-~~ ~~`~ ~~~~~~ ~~ ~~~~~~~~ TENLECULA ONSTAGE To benefit I3'ishes for Children Foundation a. // P ES w6NESFdi CHRDREN August 30, 2008 Sponsorship Packages Brochure. .2008 ~' Presentin~.Snousor $7500 • Main Stage Signage Recognition • Company Logo/Name & Logo on Front Cover of Program • Advertisement in Program • Logo on Invitations - • Internet Banner Link • Logo is all advertising including ads in Valley Business Journal 8c Neighbors Newspaper* • Logo on Tckets • Logo on Event Posters • Logo on Event Flyers • 10 Complimentary Tickets to Event • Stage Mentions • Press Releases** Emerald Snolusor $6000 • Venue Stage Recognition • Advertisement in Program • Logo.on Invitations • Internet Banner T.ink • Logo on all advertising including ads in Valley Business Journal and Neighbors Newspaper* • Logo on Tickets ' • Logo on Event Posters • Logo on Event Flyers • 8 Complimentary Tickets to Event • Stage Mentions • Press Releases* * If available. •*Press Releases will be distributed to all local media, ]iowever, publication cannot be guazanteed. Press Releases can also be provided [o all sponsors for distribution to their clients, agents, employees, etc. Ruby Sponsor $5,000 • Logo Recognition on Keepsake • Advertisement in Program • I:ogo on Invitations • Internet Barmer Link Name on advertising including ad in Valley Business Joumal and Neighbors Newspaper* • Name on Tickets • Logo on Event Posters • Logo on Event Flyers • 6 Complimentary Tickets to Event • Stage Mentions • Press Releases* Diamond Sponsor $2,000 • Logo in Program • Name on Invitations • Name on advertising including ad in Valley Business Journal and Neighbors Newspaper* • Name on Tickets • Logo on Event Posters • Logo on Event Flyers • 6 Complimentary Tickets to Event Sapphire Sponsor $1000 Name in Program • Name on Invitations • ,Name on ad in Neighbors Newspaper* • Logo on Event Posters • Name on Event Flyers • 4 Complimentary Tickets to Event Amethyst Sponsor $500 • Name in Program • Name on ad in Neighbors Newspaper* • 4 Complimentary Tickets to VIP Dinner Thank you so much for your consideration in sponsoring the 2008 Temecula Onstage. PIease call me if you have any questions or would Iike to discuss a sponsorship not listed above. Julie Ngo Event Chairperson 951-695-2625 •Ifavailable *+Press Releases will be distributed to all local media, however, publication cannot be guaranteed. Press Releases can also be provided to all sponsors for distnbution to their clients, agents, employees, etc. 2008 TEMECULA ONSTAGE Attachment B Estimated Valne Of City Support Services and Costs Based on the input from City departments we received estimated cost projections for the 2008 Temecula Onstage event. The following expenses can be anticipated for the event: Police: $2,000 Fire: $1,200 Public Works: $1,400 Community Services: $1.425 TOTAL: $6,025 2008 TEMECULA ONSTAGE Attachment C 2008 Event & 1Vledia Promotions CITY OF TEMECULA Fiscal Year 200&09 ECONOMIC DEVELOPMENT FUNDING PROGRAM APPLICATION FOR SPECIAL EVENTS Amount and/or Services Received From City Tn Prior Year: C1~ ~ ~'$P°t"~ S~r°[/lGts `~ b135 Event Dates: ~}LiajttS't' 30 ~tR00& Event Location: rnOt !/'! S'f: fJt'.'t7.uf'C/9 . ~rL?' € '~ ~-- (Please Prim or Type) Fiscal Year Funding ~c~I~$» 2bf3G1 Event Name: -Ci:VVl~Gw1.GL d to S°FAA~_ 1 • G~ stns mf-t Amount and/or Services Requested: g• ~kY-e,e.-t`C~o~en~''e> .pr t2ota~'t ~I3o - ~p~ ~la~ . dS,oc® ~ashspansors`+~p. Sponsorship Received From City Last Yeaz ~r .ti. i r ~,onn Co /- ORGANIZATION DATA: Name of Event O~r~ganizer: 1/Gi (~c- ~ __ t.: t/~n'~S Contact Name: K,i~~(~~r-aic.ISTitle/Position: ~!G.e~'iCr~'n'f' . Mailing Address: ~O Telephone: ?5? ! S ~+`~ Fax: ~$'? ?Ob7 E-mail: I~'elly ~ ?t/pftUC ° rle~ Size of Orgattization: Staff '~ Board Members Event Volunteers /S State the number of years that your organization bas hosted the proposed event in Temecula. ~r'S Flow many years has the City of Temecula sponsored your proposed event? E.s tar"S Is this organization incorporated in California as anon-profit organization? Yes No ~~ IF "yes" -Date of incorporation as a non-profit: Is your organization free from discrimination based on race, color, creed, nationality, sex, marital ~.., status, disability, religion, o political affcliation? Does your organization make its event available to all? Yes ~ No ___ NGStyoRemeaaalDeP~4nfs\cfty M~,~e~wom~~xswPyr~ao~~zoos-ov E.n. Fu~a~rro~m - sr,~~~ erye~.a~ ,---. FINANCIAL STATEMENTS . Application Page 2 This Page Mast Be Completed And Submitted (Based on your organization's last fiscal year) This form serves as a guideline of the fmaacial information requested. if your organization has financial statements {balance sheet & income statement) please attach. In addition, please attach the organization's current budget for the prnposed event. - f Balance Sheet as of ~i ~O~3olt> ~ Audited: Yes. ~ No Assets a Cash and Investments $ ?.,l 3$3.3 Receivables (detail) 3 830. ~® Inventory Fixed Assets Other Assets Total Assets Liabilities & Fund Balance Currem Payables $ Zcx~ Notes Payable Fund Balance ~' _ Z~ ~{L 3 . ~~ Total Liabilities & Fnnd Balance $ ~-d~ ~ 4,t~ .~~ Event Income Statement for the Year Ended June 30, 2007 f e.~sa (~j- .'~ ~ e~ jp ,b Income Fundraising $ ~~ 32R [~uc9E-'t orl Grants $ ~' Cash Sponsorships . $ '2.9 d®~ Tn-Kind Sponsorships $ l b 4~ t~ ~ City Funds Souvenirs Vendors $ Other Sources $ 3a $ b~' {Ticket/beverage. sales, entry fees, pazking fees, etc.) TOTAL $ l2jl~~ ~~~ Salaries Operating Expenses Advertising/ Promotions .Entertainment $ ~{~00 $ l3 ~}tg $33bso Rentals $ ~.~4.29 Insurance/Permit Fees$ a a'Z' ..._-. Other Expenses TOTAL Please note with an asterisk (*) any amounts that require additional explanation, and comment on these items. NCityroBCmecWe~DeparnnenfalCityldavager\WolnickglApplicatiods12008-09E.D.Fundingl'rogram-SpecialEvems.doc Applicatioa Page 3 Please respond to the following questions. Event . 1. Provide information on your proposed event, goals, promotional program, budget, expected attendance, funding recipients, and location of event. If event venues are held at multiple locations, please list. 2. How will the event profits be utilized? 3. Explain how your organization has worked well with the community to mitigate event impacts? 4. Please describe your financial reporting. 5. if your organization received City of Temecula funding in the previous year, please provide a brief recap of the event, attendance, accomplishments and its economic benefit to Temecula. Explain if the event, goals, marketing program, and attendance were consistent with what was proposed to the City. ACiryoftemeculalDepaM~enalCityManagerlWolnickglApplica6ons12o08-09 ED. FundingRog~n -Special Evertsdoc Annlication Pe. 3 Answers Question 1: The 2008 Temecula Onstage (TOS}will be held on Main Street between Front St And the Creek: The Silent Auction will be in the Mercantile, as in previous years. Our goal for TOS is to raise $ x;5,000 for Wishes For Children (WFC). WFC is a local non-profit organization whose charitable work and contribution have benefited many local children in the Temecula Valley. Please see the financials from 2007 for the 2008 budget. We wiII be working within the same scope. Many of our sponsorships are in-kind, but we will also be raising approximately $23,000 in cash sponsorships. We expect 500 guests in 2008. Our promotional program will include: mailed invitations, several e-blasts #o resideYrts and t&e business community, print advertising in the daily, weekly and monthly publications throughout the hiland Empire, radio advertising, direct mail through the Chamber(s) newsletters and an aggressive Publzc relatiotls oampaign. Question 2: The proceeds of TOS will benefit Wishes For Children Foundation. Question 3: T'he street remains open to foot traffic. We place "Store Open -Please come inside" signs. We encourage the Old Town merchants to stay open late for maxunum exposure. We walk and seethe merchants 2 weeks prior to the event. We give them dates and times of the event and parking information Question 4: Valley Events uses an accrual basis with our fiscal year running concurrent to the calendar year. Question 5: The 2007 TOS event had approximately 500 in attendance. Particip[atiuon included many local wineries and guest chefs from local restaurants. Live music was provided on two stages and'in the Mercantile.. The event brings recognition to the local flavors of Temecula. I# also allows patrgns to donate finds to a charitable organization in the Valley. _...._ _. SIGNATURE PAGE Application Page 4 We hereby certify the information contained in this application is true to the best of our knowledge and belief. Prepared By: President or NAME AND ~iL i ~1~ - W'FC (Organization Name) ~'y''75 Z ~ork~. ~~avtGP~eZ (em~.c~.. CA1 °12.58 Z (Mailing Address of Organization) ('t'elephone) (Date) BE SURE TO INCLUDE THE ORIGINAL PLUS 4 COPIES (TOTAL OF 5 COPIESI AND SUBMIT TO• Mail Completed Applications to: Or Deliver in Person to: City of Temecula Economic Development Funding Program Aaron Adams, Assistant City Manager Post Office Box 9033 Temecula, CA 42559-9033 City of Temecula Economic Development Funding Program Aaron Adams, Assistant City Manager 43200 Business Park Drive Temecula, CA 92590 RCityo@emecNalDepazlmen4t\Ctty Mmiage~lWolgickgV+PPlications12008-09 E.D. Funding I'rogram-3Pecial Events.doc ~ol-~„ y©~,u1Y1.'FLC.ri' ~ar W1~a~I1CS ~,(" AND TITLE (Please Print or Type) ~ ~ ldr~n N O N 0 d o N , j ~a c ~ c" m ~ m . ~ ,c U L m mna o 'v ;, ~ n c m ~~o ~i3~ i c . o~c m t i. Qm c~ ~~' ° ° -m m~E mm -~ o...omn> m Hwy a`)tonNCSia y 3E°> me v3~dc)~i a n -.y~ ~ f" 'm ymo.m 3 O o C N~ E N C « p 3 fA m p m ~^ .~ ~ C O~'> mwm L (OtN E Ww''C -+~-- ~ N + U a+ U O` 7 U tl1 C „ OI S O N 01" m•cd yam.. 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IL {i ~ 7 L m ~ lC ~ CZ's C 7 y 9 yy:3 ~ ~ .m ~ .U Q ..ap. ta~E Lj °_ro J ~ g ~ m .. Umsn ~> ,~ N W O N a h O O M N h ~. s 0 0 N i ~ S ... O ~ N w fQ A O U ~ ~ O. O ui N . 7+N~'ti0'~L pL /6 N 3 ~ C N ~ ~ U C N "- __ O O O. "06 .fl ~ f6 > ~ N p Q y . ~ ~ - O) ~ N U O~ C" C f0 O ..~ C .N-~ y~ g V C N L6 p. ~ N ~ ~ ~ ~ N W ~ ~a.f4 ~N'~ ~ W O> O Y W ~ c4 ~ c ~ . O O. Q. ~ -.y O N S O N O ~ . _ .C~ ~oaxi~~cE ~ ~ O Q ~ U FL-- U d (p C N D O L O~ o $ :c ~, ~ ~, $ a a s '~ ~ . . . . . i c ~-> ~.a ~w m ~ s.. , O C - N N ~ .Q U ..+ N~ O m y ~ (6 ~~ C U , ~ i N N a] ~ l6 ~ Q x c ~ C Q ~ ~ ~ ~ ~ ~..~ "a ' ~ Q SZ O O ~ ~ 1Y . N N N ~ ~ ~ ~ ~ c ~ ~ . ~ ° ~~ c .~ rn ~~ '~ 0 3~ o c ~ o `° c ~ ~ .5 N ~ ~ o ~ ~'~ ~'aia~ ~ W d N , ~ '6 +r ~ ~ -a ~y sa ~ c6 ~ ~ N f O = C C Oi O ~ - 6 ~ T CO ~ ~ > W '~ a 'V O ~ a ~ C ~ E N l N TC C ~.W >,O ~ f6 ~ ~ L ~ U O U ~ C7 O 2 FO- O L ,~ ~ y ttf °~ ~ ~ t . N 47 ~ c~ ~ g ~.'t ~ ;. ~' ~, ~ ~ ~a~ ~ ~ ~, xh~H~ ,~ N 0 N N CD a 0 a, ~, v W d a 0 N b ~r n ~' 2008 TEMECULA ONSTAGE Attachment D 2008 Budget TEMECULA ONSTAGE 2008 TO BENEFIT WISHES FOR CHILDREN FOUNDATION 2008 Budget REVENUE 2008 BUDGET Auction 15000 Balloon Auction 0 Cash. Donations 0 Food & Bevera a 1000 Pro ram Advertisin 2500 S onsor 14075 Tickets 26000 58575 EXPENSE Decor 1100 Entertainment 16825 Event Mana ement 5000 Food & Bevera a 7000 Permits 250 Printin 3000 Posta a 700 Rentals 5000 Theater-box office staff 0 Securit 1300 Hotel Rooms 0 Sound/Sta a/Li htin /Power 13000 C-Market Fees 400 Commissions 0 53575 Net Profit 5000 2008 TEMECY7I,A ONSTAGE Attachment E 2007 Temecula Onstage Recap October 18, 2007 Dan Stephenson President Gloria Wolnick Jnann Markham City of Temecula Vice President pp gax 9033. _ Made O. Moffitt CA 92589-9033 Temecula Chief Financial Orflcer , _ Harty Clark Golden Circle Dear Gloria: Lisa Ferguson eX"""veDireetar On behalf of the board of directors, I would like to extend our sincere Directors: ~ gratitude and thanks for the City's participation as a. platinum sponsor. in Sam Alhadeff bbi B B compliance with our agreement with the City of Temecula, following is a oes o Melody Bmnsilng summary of the requested information: Patti Drew Steve Fillingim Leonard Gilbert attendance: Approximately 500 people Cindy Gilmore ~~~~ illHarker `. ~amiltonlones ~ Collateral ~Karel Lindemann rt M ms s Flver -Distributed to the Old Town merchants and other retail locations o tewa Bill Paisner throughout Temecula. Thisflyer was also included as an insert in the Julie.Pihuaello d an s August 2007 issue of the. Temecula Valley Chamber of Commerces mr pa Joan Beverly Stephenson monthly newsletter. JeffStoae . Jack Stouse T°nyT"~w Invitation -sent to approx. 1,500 people -see attached Sherry Wilhams-Fletcher Gary Youmans Event Program -Distributed to attendees of the event. See attached ANon-ProfitCorparaNon TtixID#33-9871129 Tickets -See attached Newsletter -Sent to database of approximately 1,500 people. See attached "rDeduated to creating opportunities to rfevefop aruCenfiance gtraCJty pe forming arts in tFie rZemecufa `~atieey° 42051912ain Sw, 7etaecuCa, Cf~ 92590 951-541-2588 - ~CeCephone • 951-639-3175' ~'ax urcvw rlemecula~zeatet{Foa+r~ation.orp • Cferguson@rancongroup.com ""~ Advertising The Press-Enterprise -see attached tear sheets 8/19/07 Sunday 3x8 8/21/07 Tuesday 3x8 8/23/07 Thursday 3x8 8/24/07 Friday -Page 2 3x8 8/25/07 Saturday 3x8 8/26/07 Sunday -Page 2 3x8 8/29/07 Wednesday 3x8 8/31/07 Friday 3x8 Circulation: 205,000 • Neighbors Newspaper '/z Page Ad in July & August issues Editorial -July 2007 See attached Circulation: 10,000 .Valley Business Journal '/ Page Event Ad in July & August issues - Editorial -July issue Full Page Ad with Paradise -July & August 2007 Sea attached Circulation: 10, 000 Valley Living Magazine Fu11 Page Back Cover Ad with Paradise -July & August 2007 '/4 page ad -July 2007 Editorial at conclusion of event See affached Circulation: 35,000 The Country Review Full Page Ad with Paradise -July & August 2007 See affached "rDedreaterl to creating opportunities to develop and enhance yuarty performing arts in tke Temecula Na11ey' 42051 ~Ylain St., Temecula, [;A 92590 9S1-S41-2588- telephone • 951-639-3175- ~FaX ¢vurev7eneecu(n~eatet*Foundatian;aru • CfergusanGrancongroup,com • Entertainment Roundup '/2 Page Ad with Paradise -August 2007 See attached The Valley News %2 Page Ad with Paradise -July 13, 20 & 27, 2007 Editorial -July 29, 2007 See aftached Fallbrook/Bonsall Village News %z Page Ad with Paradise -July 5, 12, 19 & 26, 2007 See attached Website Marketing • Website to promote the event: www.temeculatheaterfoundation.org. • Temecula Onstage was also featured on the Old Town Temecula Community Theater website. E-Mail Blasts • A Cooler E-Mail blastwas sent to approximately 5,000 individuals. • An a-mail blast was sent to 4,800 addresses from the Old Town Temecula Community Theater. • Ticketmaster included Temecula Onstage in their weekly event update to registered users in the San Diego / Narth County area. Publicity Several press releases and radio PSAs were sent to local media. In addition, during the week prior to the event, Clear Channel had ticket giveaways to promote the event. See attached clippings. Financial Review The event showed a net profit of $6,025. A financial statement, detailing revenues and expenses is attached. `YDeduated to aeatirtg opportunities to develop and enhance quaCzty perfomtdng arts irz the 2emecula'daQ'ey° _ 42051 Main St., 2"emecufa, C/Z 92590 951-541-2588- 2efephone • 951-639-3175- ~Fa~ ruunv.7emecuGt~eater~Foundationora • ~gusan@rancongroup.com 2008 TEMECULA ONSTAGE Attachment F 2008 Sponsorship Agreement SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND WISHES FOR CHILDREN This Agreement is made and effective as of this 12th day of August. 2008 , by and between the CITY OF TEMECULA ("City"), and Wishes For Children ("WFC"), a California nonprofit corporation. In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: A. WFC shall operate the "Temecula Onstage" event on August 30,- 2008. Temecula Onstage is a special event which will be held on Saturday evening from 6:00 pm - 11:00 pm in Old Town Temecula. Specific locations in Old Town include: Main Street between Old Town Front Street and the east edge of the Children's Museum driveway. Access to the Children's Museum and Temecula Community Theater will remain accessible during regular hours of operation. The Silent Auction will take place in the Mercantile Building. Temecula Onstage will require the closure of Main Street on Saturday, August, 30, 2008. B. The event will showcase the area's top chefs and wineries along with a variety of performance arts including local musicians, vocalists, actors and dancers. C. The City desires to be a "Presenting Sponsor" of the 2008 Temecula Onstage event by providing funding. D. Temecula Onstage proceeds with up to a maximum of $5,000 will be designated to Wishes For Children, a local non-profit organization whose charitable work and contribution have benefited many local children in the Temecula Valley. 2. TERM. This Agreement shall commence on August 12, 2008, and shall remain and continue in effect until tasks described herein are completed, but in rio event later than December 31, 2008, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION. In exchange for the City Sponsorship Funding in the amount of seven thousand, five hundred dollars ($7,500.00) and City Support Services valued at an amount not to exceed six thousand, twenty-five dollars ($8,025), the City shall receive the benefits and services listed in Exhibit A. 4. ALLOCATION OF FUNDS. WFC shall allocate and use the City's Sponsorship Funding of seven thousand, five hundred dollars ($7,500.00) and City Support Costs in an amount not to exceed six thousand, twenty-five dollars ($6,025) listed in Exhibit B, to produce the Temecula Onstage event.. Funds are to be used to provide a special event showcasing. Temecula's local restaurants, wineries and entertainment benefiting citizens living in the Temecula Valley as well as visitors. 5. WRITTEN REPORT. Within ninety (90) .days after the conclusion of Temecula Onstage, WFC shall prepare and submit to the Assistant City Manager a written report evaluating Temecula Onstage, its attendance, media coverage, and. \\Cityoftemecula\Departments\City Manager\Wolnickg\Spopsored Events\2008 Temecula Onstage Agreement.DOC '. 11086/0001/1055424-1 description of the materials in which the City has listed as a Presenting Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc. in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of Temecula Onstage must be included in such a written report. 6. FINANCIAL REVIEW. WFC shall provide complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Temecula Onstage event. This financial review of the 2008 Temecula Onstage event should be completed and submitted to the City no later than December 1, 2008. The financial. review shall provide a general summary report on how funds were expended and used to benefit Temecula residents and shall include documentation, including but not limited to, copies of invoices, receipts and cancelled checks to support the Sponsorship Funding. The financial documentation is subject to an audit, as determined by City staff. 7. PERMITS. WFC shall file applications for a Temporary Use Permit and a Special Event Permit with the City no later than thirty (30) days prior to the first day of Temecula Onstage.. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of conditions of approval. WFC shall comply with all conditions of approval of the permits. 8. MEETING ATTENDANCE. WFC shall attend all City pre-event planning meetings and event recap meetings if warranted. 9. INDEMNIFICATION. WFC shall indemnify, protect, defend and hold harmless the City of Temecula, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of WFC's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 10. INSURANCE. WFC shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by WFC, its agents, representatives, or employees. A. Minimum Scooe of Insurance. Coverage shall be at least as broad as: (i) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (ii) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If Recipient owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. \\Cityoftemecula\Deparhnents\City Manager\Wolnickg\Sp6~sored Events\2008 Temewla Onstage Agreement.DOC 11086/000I/1055424-I (iii) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If Recipient-has no employees while performing under this Agreement, worker's compensation insurance is not required, but Recipient shall execute a declaration that it has no employees. B. Minimum Limits of Insurance. Recipient shall maintain limits no less than: (i) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (iii) Liquor Liability: One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. (iv) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or WFC shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (i) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of WFC; .products and completed operations of Recipient; premises owned, occupied or used by WFC; or automobiles owned, leased, hired or borrowed by WFC. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (ii) For any claims related to this project, WFC's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of Recipient's insurance and shall not contribute with it. (iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. \\Cityoftemecula\Departments\Ci[y Manager\Wolnickg\Sp6~sored Events\2008 Temecula Onstage Agreement.DOC 11086/0001/1055424-1 (iv) WFC'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. (v) Each insurance policy required by this Agreement shall be endorsed to state that coverage shall that should the policy be suspended, voided, canceled by either party, reduced in coverage or in limits, the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. (vi) If insurance coverage is canceled, modified, or reduced in coverage or in limits, WFC shall within two (2) business days of notice from the insurer phone, fax and notify the City via certified mail, return receipt requested, of the changes to or cancellation of the policy: E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. F. Verification of Coveraoe. WFC 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, WFC's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 9. GOVERNING LAW. The City and WFC understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 10. LEGAL RESPONSIBILITIES. WFC shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. WFC shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of W FC to comply with this section. 11. ASSIGNMENT. WFC shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 12. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited \\Cityoftemecula\Departtnen[s\City Manager\Wolnickg\Spr~sored Events\2008 Temecula Onstage Agreement.DOC 11086/0001/]055424-1 to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: CITY: CITY OF TEMECULA P.O. Box 9033 Temecula, CA 92589-9033 Attention:. Aaron Adams, Assistant City Manager RECIPIENT: Wishes For Children 44752 Corte Sanchez Temecula, CA 92592 Attention: Charlie Pate, Founder/President/CEO 13. INDEPENDENT CONTRACTOR. A. WFC shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of WFC shall at all times be under WFC's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of WFC's officers, employees, or agents except as set forth in this Agreement. WFC shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. WFC shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. B. No employee benefits shall be available to WFC in connection with the performance of this Agreement. Except for the fees paid to WFC as provided in the Agreement, City shall not pay salaries, wages, or other compensation to WFC for performing services hereunder for City. City shall not be liable for compensation or indemnification to WFC for injury or sickness arising out of performing services hereunder. 14. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described. in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 15. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of WFC warrants and represents that he or she has the authority to execute this Agreement on behalf of WFC and has the authority to bind WFC to the performance of its obligations hereunder. \\Cityoftemecula\Departments\City Manager\Wolnickg\Spo~sored Events\2008 Temecula Onstage Agreement.DOC 11086/0001/1055424-1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney Wishes For Children By: Name: Charlie Pate Title: Founder/President/CEO By: Name: Julie Ngo Title: Vice President of Strategic Planning \\Cityoftemecula\Depar[ments\City Manager\Wolnickg\Sp~isored Events\2008 Temecula Onstage Agreement.DOC 11086/0001/10554?A-1 '~. EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS PRESENTING SPONSOR Wishes For Children shall provide the following benefits and services for the citizens of the City of Temecula: • Main Stage Signage Recognition • City of Temecula Logo/Name & City Logo on Front Cover of Program • City Advertisement in Program • City Logo on Invitations • Internet Banner Link • City Logo in all advertising including ads in Valley Business Journal & Neighbors Newspaper* • .City Logo on Tickets • City Logo on Event Posters • City Logo on Event Flyers • 10 Complimentary Tickets to Event • Stage Mentions -City of Temecula as a Presenting Sponsor • Press Releases** ~*Press Releases will be distributed to all local media, however, publication cannot be guaranteed. Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc. \\Cityoftemecula\Departments\City Manager\Wolnickg\Sp6psored Events\2008 Temecula Onstage Agreement.DOC 11086/0001/1055424-1 EXHIBIT "B" ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the 2008 Temecula Onstage event. The following expenses can be anticipated for the event: Police: $2,000 Fire: $1,200 Public Works: $1,400 Community Services: 1 425 TOTAL: $6,025 \\Cityoftemecula\Departments\City Manager\Wolnickg\Sp~sored Events\2008 Temecula Onstage Agreement.DOC 11086/0001/1055424-1 ITEM RI~J. 6 Approvals City Attorney S~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: August 12, 2008 SUBJECT: Endorse and Support the Appointment to the Temecula Higher Education Foundation Board of Directors PREPARED BY: Tamra Middlecamp, Senior Management Analyst RECOMMENDATION: That the City Council endorse and support the appointment of Mayor Naggar and Council Member Washington to the Temecula Foundation for Higher Education (the "Foundation") Board of Directors. BACKGROUND: The City of Temecula understands the value placed on higher education opportunities and has been actively engaged in attracting higher education institutions to the area. There are currently two private colleges and one community college within the city limits. Mt. San Jacinto Community College has signed athree-year lease and began offering courses in June. Concordia University, a private college, signed a 10-year lease to occupy a 9,500 square foot building within the City's Business Park located on Single Oak Drive. The University of Redlands is continuing to operate strong in providing undergraduate and master programs in both business and management. Chapman University has also expressed an interest in locating in the City. During the past year, the City of Temecula has been working with California State University San Marcos (CSUSM) to establish a permanent presence in Temecula. After researching the area, University officials saw the opportunity to open a Temecula campus based on several factors including the demographics of the region, existing biotech/medical industry, expansions of several local hospitals and the planned Temecula Hospital and Medical Center. CSUSM will begin offering classes, at their new Temecula campus located at 27455 Tierra Alta Way, as of August 25, 2008. CSUSM will occupy 15,000 square feet on the second floor of this facility. Mr. Paul Goldring Garrett made their facility available by providing a $250,000 grant to offset lease operations. This grantwas pledged as the beginning of fundraising efforts towards furthering the CSUSM growth. The City of Temecula has acted as a catalyst in the establishment of the Foundation, which will operate as a California non-profit public benefit corporation and will seek both state and federal tax exempt status under the California Revenue and Taxation Code and Section 501(c)3 Internal Revenue Code. The Foundation's primary focus will be capital fund raising for supporting higher education. The Articles of I ncorporation were filed to establish the Foundation's corporate entity by Mr. Nathan Garn, an attorney with the Temecula law firm of Parks & Oberhansley, APLC. Mr. Garn is also one of the initial Directors for the Foundation. In addition to Mr. Garn, Mayor Naggar and Council Member Washington, the Foundation anticipates that there will be two additional initial Directors to be appointed at a later date for a total of five initial Directors to commence the first meeting of the Foundation. It is envisioned that additional Directors will be added to the Board once it is established. Mayor Naggar and Council Member Washington are members of the City's Higher Education Ad Hoc Subcommittee and have been active in working to bring higher education to the City of Temecula. It is necessary to establish an interim board in order to establish the Foundation and begin fundraising efforts for CSUSM. It is recommended that both Mayor Naggar and Council Member Washington sit an the Board of Directors for the Temecula Higher Education Foundation. Staff is recommending that the City Council endorse and support this appointment. The first meeting of the Foundation will occur within weeks of the Board of Directors being appointed. At that time, the Bylaws of the Corporation will be adopted by the Board of Directors. The Bylaws, Articles of Incorporation, first meeting minutes, EIN Application, and application to the Federal government for non-profit status will all be submitted to finalize the process of creating operating the Foundation as anon-profit tax-exempt entity. In the interim, City staff will continue to partner with CSUSM in their efforts to raise additional funds for their short term needs. FISCAL IMPACT: It is quite possible that there will be minimal costs associated with the creation of the 501 {c)3 not to exceed $10,000 plus necessary staff time. Appropriate funding is identified in an Economic Development line item 001-999-111-5248. ATTACHMENTS: None. ITEM RI~J. 7 Approvals City Attorney S~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: August 12, 2008 SUBJECT: Support for Agent Orange Equity Act (Filner) - At the request of Mayor Naggar and Council Member Comerchero PREPARED BY: Tamra Middlecamp, Senior Management Analyst RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR THE AGENT ORANGE EQUITY ACT (FILNER), WHICH WOULD ENSURE THATALL VIETNAM VETERANS EXPOSED TO AGENT ORANGE RECEIVE THEIR EARNED BENEFITS. BACKGROUND: The Agent Orange Equity Act of 2008 would clarify the laws related to Veterans Administration (VA) benefits provided to Vietnam War veterans suffering from the ravages of Agent Orange exposure. In order to try to gain a better military vantage point, Agent Orange, which we now know is a highly toxic cocktail of herbicide agents, was widely sprayed for defoliation and crop destruction purposed all over the Vietnam War Battlefield, as well as nearby nations. It was also stored on U.S. vessels and used for vegetation clearing purposes around U.S. bases, landing zones and lines of communication. Currently, the VA requires Vietnam veterans to prove "foot on land" in order to qualify for the presumptions ofservice-connection for herbicide-exposure related illnesses afforded under current law. This issue has been the subject of much litigation and on May 8, 2008, the Federal Circuit Court of Appeals upheld the VA's overly narrow interpretation. Congress clearly did not intend to exclude these veterans from compensation based on arbitrary geographic lines drawn by the VA. The Agent Orange Equity Act is intended to clarify the law so that every service member awarded the Vietnam Service medal, or who otherwise deployed to land, sea or air, in the Republic of Vietnam is fully covered by the comprehensive Agent Orange laws Congress passed in 1991. If enacted, this bill will make it easier for the Veteran's Administration to process Vietnam War veterans' claims for service-connected conditions that scientists have conclusively linked to toxic exposures during the Vietnam War and that are identified in current law. With this legislation, Congress will leave no doubt that the "Blue Water Navy' and all combat veterans of Vietnam are intended to be covered and compensated; thus ensuring that these veterans will receive the disability payments they earned and deserve for exposure to Agent Orange. Council Member Comerchero has sentthis information to the National League of Cities along with a request that they take a position of support on this proposed legislation also. FISCAL IMPACT: None. ATTACHMENTS: None. RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR THE AGENT ORANGE EQUITY ACT {FILNER), WHICH WOULD ENSURE THAT ALL VIETNAM VETERANS EXPOSED TO AGENT ORANGE RECEIVE THEIR EARNED BENEFITS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the Agent Orange Equity Act of 2008 would clarify the laws related to Veteran's Administration benefits provided to Vietnam War veterans suffering from the ravages of Agent Orange exposure ;and WHEREAS, in order to gain military advantage, Agent Orange was widely sprayed for defoliation and crop destruction purposed all over the Vietnam War Battlefield, as well as nearby nations; and WHEREAS, we now know that Agent Orange is a highly toxic cocktail of herbicide agents; and WHEREAS, currently, the Veteran's Administration requires Vietnam veterans to prove "foot on land" in order to qualify for the presumptions of service-connection for herbicide-exposure related illnesses afforded under current law; and WHEREAS, Congress did not intend to exclude any Vietnam veterans from compensation based on arbitrary geographic lines drawn by the Veteran's Administration; and WHEREAS, the Agent Orange Equity Act is intended to clarify the law so that every service member awarded the Vietnam Service medal, or who otherwise deployed to land, sea or air, in the Republic of Vietnam is fully covered by the comprehensive Agent Orange laws Congress passed in 1991; and WHEREAS, if passed Congress will leave no doubt that, if as a result of service, a veteran was exposed to Agent Orange all over the Vietnam War Battlefield, as well as nearby nations, U.S. vessels and in or around U.S. bases, landing zones and lines of communication, and it has resulted in failing health, these veterans will receive the disability payments they earned and deserve; and NOW THEREFORE BE IT RESOLVED that the City of Temecula supports the Agent Orange Equity Act of 2008 {Filner} and will provide a formal letter of support to Congressman Filner. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of August, 2448. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 48- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of August, 2448, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ITEM RI~J. S Approvals City Attorney S~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: August 12, 2008 SUBJECT: Support for S 1499 (Boxer & Feinstein) / HR 2548 (Solis) -- Marine Vessel Emissions Reduction Act of 2007 PREPARED BY: Tamra Middlecamp, Senior Management Analyst RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR S 1499 (BOXER & FEINSTEIN) / HR 2548 (SOLIS) WHICH WOULD SIGNIFICANTLY REDUCE EMISSIONS FROM MARINE VESSELS AFFECTING AIR QUALITY FOR SOUTHERN CALIFORNIA RESIDENTS. BACKGROUND: Large marine vessels, including foreign-flagged ships, are mostly unregulated and a substantial source of pollutants. Marine vessels burn fuels with extremely high sulfur content known as bunker fuel which averages approximately 27,000 parts per million or ppm sulfur. Most U.S. equipment is required or will be required to burn with no more than 15 ppm. Bunker fuel is the dirtiest fuel used anywhere. These emissions cause severe health effects and emit over 50% of the sulfur oxides, which are the precursors of smog, in southern California. A recent analysis by the South Coast Air Quality Management District (SCAQMD) concluded that over 700 premature deaths could be prevented in the South Coast Basin if the marine vessel controls in this bill were implemented. This bill would limit the sulfur content of fuel used by domestic and foreign flagged marine vessels, in both their main and auxiliary engines, when they enter or leave U.S. ports beginning December 31, 2010. The limit would be 1,000 ppm unless it is determined that it is not achievable by that date. In that case, the limit would be 2,000 ppm. The fuel content limit will apply within 200 miles of the U.S. west coast and within a distance to be determined by the Environmental Protection Agency for all other applicable U.S. coastlines and shorelines. This bill would only add pennies forthousand dollars of shipmentvalue as onlythe last two hundred miles of the trip would be required to be the clean fuel. Western Riverside Council of Governments and South Coast Air Quality Management District are both supporting this legislation and have requested that the City of Temecula support it also. FISCAL IMPACT: None. ATTACHMENTS: None. RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR THE MARINE VESSEL EMISSIONS REDUCTION ACT OF 2007 WHICH {MOULD SIGNIFICANTLY REDUCE EMISSIONS FROM MARINE VESSELS AFFECTING AIR QUALITY FOR SOUTHERN CALIFORNIA RESIDENTS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the Marine Vessel Emissions Reduction Act of 2007 would significantly reduce emissions from marine vessels affecting air quality for southern California residents ;and WHEREAS, large marine vessels, including foreign-flagged ships, are mostly unregulated and a substantial source of pollutants; and WHEREAS, marine vessels burn fuels with extremely high sulfur content known as bunker fuel which averages approximately 27,000 parts per million (ppm} sulfur while U.S. equipment is required or will be required to burn with no more than 15 ppm; and WHEREAS, these emissions cause severe health effects and emit over 50°~ of the sulfur oxides, which are the precursors of smog, in southern California; and WHEREAS, a recent analysis by the South Coast Air Quality Management District concluded that over 700 premature deaths could be prevented in the South Coast Basin if the marine vessel controls in this bill were implemented; and WHEREAS, this bill would limit the sulfur content of fuel used by domestic and foreign flagged marine vessels when they enter or leave U.S. ports beginning December 31, 2010; and WHEREAS, the fuel content limit will apply within 200 miles of the U.S. west coast and within a distance to be approved by the Environmental Protection Agency for all other applicable U.S. coastlines and shorelines; and WHEREAS, this bill would only add pennies for each thousand dollars of shipment value as only the last two hundred miles of the trip would require the clean fuel; and NOW THEREFORE BE IT RESOLVED that the City of Temecula supports the Marine Vessel Emissions Reduction Act of 2007 and will provide a formal letter of support to Congresswoman Boxer, Congresswoman Feinstein, and Representative Solis. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of August, 2448. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 48- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of August, 2448, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ITEM RI~J. 9 Approvals City Attorney Director of Finance 5~~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: August 12, 2008 SUBJECT: Support for SB 1646 (Padilla) -- Clean Fuels Program Reauthorization PREPARED BY: Tamra Middlecamp, Senior Management Analyst RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR SB 1646 (PADILLA) WHICH WOULD CONTINUE TO FIND AND NURTURE CLEAN FUELS TECHNOLOGIES RELATED TO TRANSPORTATION AND STATIONARY SOURCES OF AIR POLLUTION. BACKGROUND: South CoastAir Quality Management District's Clean Fuels program has been a successful public-private partnership helping to clean the air while stimulating the economy. The program finds and nurtures clean fuels technologies related to transportation and stationary sources of air pollution. Program funding is derived from $1 on the registration fee for vehicles within the Air Quality Management District (AQMD), generating over $10 million annually. Since 1988, AQMD has leveraged $140 million in Clean Fuels funds to obtain $448 million in matching funds from private sector and other partners to fund clean fuels projects valued at more than $588 million. The South Coast Air Basin has made progress but more work needs to be done. The current Air Quality Management Plan calls for further reductions and new technologies in order for California to meet the 2014 national air quality standards. Achieving the Environmental Protection Agency's health standards for clean air in Los Angeles, Orange, Riverside, and San Bernardino counties will require reducing emissions from today's levels by up to 70%. New clean fuel technologies are required. However, the $1 registration fee authority will expire at the end of 2009. This legislation would remove the sunset on AQMD's $1 registration fee authority under the vehicle code and allow up to 5°!0 of the funds to be used for administrative costs. Western Riverside Council of Governments and South Coast Air Quality Management District are bath supporting this legislation and have requested that the City of Temecula support it also. FISCAL IMPACT: Nane. ATTACHMENTS: None. RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING THE CITY COUNCIL'S SUPPORT FOR SB 1646 {PADILLA} WHICH WOULD CONTINUE TO FIND AND NURTURE CLEAN FUELS TECHNOLOGIES RELATED TO TRANSPORTATION AND STATIONARY SOURCES OF AIR POLLUTION. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, SB 1646 has been a successful public-private partnership which finds and nurtures clean fuels technologies related to transportation and stationary sources of air pollution; and WHEREAS, program funding is derived from $1 on the registration fee for vehicles within the Air Quality Management District and generates approximately $10 million annually; and WHEREAS, the Air Quality Management District (AQMD} has leveraged, since 1988, $140 million in Clean Fuels funds to obtain $448 million in matching funds from private sector and other partners to fund clean fuels projects valued at over $588 million; and WHEREAS, the current Air Quality Management Plan calls for further reductions and new technologies in order for California to meet the 2014 national air quality standards; and WHEREAS, achieving the Environmental Protection Agency's health standards for clean air in Los Angeles, Orange, Riverside, and San Bernardino counties will require reducing emissions from today's by up to 70%; and WHEREAS, the $1 registration fee authority will expire at the end of 2009; and WHEREAS, this legislation would remove the sunset on AQMD's $1 registration fee authority under the vehicle code and allow up to 5% of the funds to be used for administrative costs; and NOW THEREFORE BE IT RESOLVED that the City of Temecula supports SB 1646 (Padilla}, the Clean Fuels Program Reauthorization, and will provide a formal letter of support to Senator Padilla. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of August, 2448. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 48- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of August, 2448, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ITEM N~}. 1d Approvals City Attorney Director of Finance 5~~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: John Meyer, Housing and Redevelopment Director DATE: August 12, 2008 SUBJECT: Mortgage Credit Certificate Program RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM BACKGROUND: The Riverside County Board of Supervisors has authorized the County Economic Development Agency (EDA) to apply to the California Debt LimitAllocation Committee for an allocation of Mortgage Credit Certificates on or about July 28, 2008. The City of Temecula is able to participate in the County MCC Program for mortgage loans available for first-time homebuyers in Temecula. Adoption of the attached resolution is necessary for the City to participate in the County's MCC Program. A Mortgage Credit Certificate (MCC) entitles qualified home buyers to reduce the amount of federal tax liability on a home mortgage. This tax credit allows the buyer to more easily qualify for a loan by effectively increasing the state income of the buyer. The Riverside County MCC Program allows a 15% rate, which can be applied against the interest paid on the mortgage loan. The borrower can then claim a credit on their taxes equal to 15% of the interest paid during the year. Since the taxes paid by the borrower are being reduced, the annual take-home pay is effectively increased. The borrower can still deduct the remaining part for the interest paid as a standard deduction. When underwriting a loan, a lender takes this potential income increase into consideration and the borrower is able to qualify for a larger loan than would otherwise be possible. This program can be used with all types of homes, including foreclosures, new and resale single family and/or manufactured homes. The City of Temecula has participated in the MCC Program in past years. Staff recommends approval of the attached updated resolution, to provide another tool for qualified homebuyers to purchase a home in Temecula. FISCAL IMPACT: No impacttothe Cityorthe Redevelopment Agency budget. Potential buyers can qualify through a lender to receive the MCC from the County. ATTACHMENTS: Resolution No .08 - RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby finds determines and declares as follows: A. The Tax Reform Act of 1986 established the Mortgage Credit Certificate Program {"MCC Program"} as a means of assisting qualified individuals with the acquisition of new and existing single family housing. B. Pursuant to Division 31, Part 1, Chapter 3.5, Article 3.4 of the California Health and Safety Code Sections 54197 et seq, local issuers are authorized to issue Mortgage Credit Certificates {"Certificates"} and administer MCC Program. C. The Board of Supervisors of the County of Riverside adopted Resolution No. $7-564 on December 22, 1987 establishing a Mortgage Credit Certificate Program. D. The Board of Supervisors of the County of Riverside has authorized the Riverside County Economic Development Agency {"EDA") to administer the MCC Program pursuant to the applicable federal, state and local policies and procedures, and to enter into those agreements necessary for efficient administration of the MCC Program. E. The County of Riverside ("County") will be applying to the California Debt Limit Allocation Committee {"CDLAC") for a mortgage credit certificate allocation in July 28, 20Q8 or thereabouts. F. The City of Temecula ("City"} wishes to participate in the MCC Program administered by the EDA in connection with mortgage loans it will make available for the acquisition of new and existing single-family housing in Riverside County. G. The adoption of this resolution is necessary to include the City of Temecula as a participating unit of general government under County's MCC program. H. The City agrees to cooperate with the County of Riverside to undertake the MCC Program within City jurisdiction to assist persons or households of limited income to purchase new and existing single family residences located in the city. Section 2. The City of Temecula hereby gives notice of its election to participate in the Riverside County MCC Program. Section 3. The City of Temecula agrees to: A To participate in the MCC Program administered by the EDA in connection with mortgage loans it will make available for the acquisition of new and existing single-family housing in Riverside County. B. To assist the County of Riverside to market the MCC Program with the city's jurisdictional boundary by publishing a general public notice in the local newspaper at lease twice a year. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12 day of August, 2008. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12 day of August, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ITEM N~}. 11 Approvals City Attorney Director of Finance 5~~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: August 12, 2008 SUBJECT: Holiday Schedule for City Council Meetings RECOMMENDATION: That the City Council direct the City Clerk to reschedule the regularly scheduled meeting of November 11, 2008 to November 18, 2008, and cancel the regularly scheduled meeting of December 23, 2008; and to perform the appropriate postings and noticing requirements of the Government Code. BACKGROUND: Due to November 11, 2008 falling on Veteran's Day, the meeting of November 11, 2008 is proposed to be rescheduled to November 18, 2008. Since the regularly scheduled second meeting in December falls during the Christmas holidays, December 23, 2008, it is proposed that this meeting be cancelled. FISCAL IMPACT: None ATTACHMENTS: None. ITEM N~}. 12 Approvals City Attorney Director of Finance 5~~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: August 12, 2008 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Temecula Parkway Re-striping of Eight Lanes from Interstate-15 to Pechanga Parkway, Project No. PW07-08 PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP Kendra Hannah-Meistrell, Assistant Engineer - CI P RECOMMENDATION: That the City Council: Approve the Plans and Specifications for the Project; 2. Authorize the Department of Public Works to solicit construction bids for the Temecula Parkway Re-striping of Eight Lanes from Interstate-15 to Pechanga Parkway, Project No. PW07-08. BACKGROUND: Temecula Parkway is a highly used urban arterial highway. This project will increase the roadway's capacity and improve overall traffic circulation by adding one additional through lane in both directions between Interstate-15 and Pechanga Parkway. Improvements will include, but not be limited to: removal of existing striping, modified signage, traffic signal modifications, traffic signal loop detector installation, and re-striping. Additional right-of-way is not required; and existing medians and curb & gutter on Temecula Parkway are to remain in place. The majority of this work is to be completed at night over a period of approximately six weeks. Project plans and specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office. The Engineer's Construction Estimate for the project is $95,000.00. FISCAL IMPACT: The Temecula Parkway Re-striping of Eight Lanes from Interstate-15 to Pechanga Parkway, Project No. PW07-08, is a Capital Improvement Project funded with Development Impact Fees -Street Improvements. Adequate funds are available in Account No. 210-165-676-5804. ATTACHMENTS: 1. Project Description 2. 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O ~ , R ~ ~ ~ F ~ ~ '~ ~ a~ ~ ~ .~ a ~ a~ d ~ ~ a d ~ ~ ~ ~ ~ ~ ~ w 3 Q U Q ~ E~ N L h ~ PROJECT LOCATION Protect Title: HIGHWAY 79 SOUTH RE-STRIPING OF EIGHT LANES FROM INTERSTATE-1S TO PECHANGA PARKWAY 5~ e~' y/cy~gy ~~ Yrv~z R I9 D d o~~y F N / VALLEJO AV ~ s o w . ~Q.~ A~cygtic q~R A~ cti qti ~~ p A 2 y~ 3 N ° °P~~ 1 ;~ ~.p~P 49 ITEM N~}. 13 Approvals City Attorney Director of Finance 5~~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: August 12, 2008 SUBJECT: Roripaugh Ranch Project -City Construction of Priority Improvements with Bond Proceeds (CFD 03-02) PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP RECOMMENDATION: That the City Council receive and file this report providing an update on the status of the City's ongoing efforts to initiate construction of the Priority Public Improvements related to the Roripaugh Ranch CFD, (CFD 03-02) BACKGROUND: On May 13, 2008 the City Council approved Resolution 08-40 which among other things directed staff to initiate the actions necessary for the City to construct Priority Public Improvements conditioned upon the Roripaugh Ranch Development and eligible for funding with CFD bond proceeds: 1) Butterfield Stage Road from La Serena to Murrieta Hot Springs Road, 2) Murrieta Hot Springs Road from Butterfield Stage to Pourroy, and 3) Calle Chapos/South Loop Road from Walcott to the Fire Station. Since that time staff has been reviewing numerous documents and meeting with representatives from various agencies to determine what improvements have been completed to date, the status of the plans, resource agency permits, and the rights-of-way needed to complete the subject improvements. Status of Improvements Murrieta Hot Springs Road is essentially complete including installation of underground utilities and storm drain systems, the surface pavement is started but requires additional layers of asphalt, the landscaping and irrigation in the parkways and medians is 10% complete. With the exception of the short segment of Butterfield Stage Road (BSR) south of Calle Chapos/South Loop Road to the southern tract boundary, the mass grading for the on-site portion BSR has been completed. The portion of the on-site storm drain system to be City owned and maintained, which represents roughly 30% of the overall storm drain system, has been installed. Underground water and sewer systems are in-place but testing and acceptance by the serving water districts needs to be completed. A significant amount of time has passed since BSR was graded. Erosion and attempts to control erosion have degraded the roadway prism such that reworking of the roadway will be required to re- establish subgrade. No work related to the offsite priority public improvements has been completed Status of Plans The plans needed to complete the subject improvements are for the most part complete. Several agencies are/were involved in the review and approval of the plans. The street improvements include impravements in both the City of Temecula and County of Riverside jurisdictions. The County Transportation Department has already approved and signed the plans. The City is prepared to sign the street improvements plans. The Storm Drain plans also include impravements which are to be maintained by multiple agencies. The Storm Drain plans which depict only facilities to be owned and maintained by the City are signed and most of those improvements have been installed. The balance of the storm drain plans include facilities that will be owned and maintained bythe Riverside County Flood Control and Water Conservation District (RCFC). RCFC was reluctant to sign the storm drain improvement plan set because it includes improvements to Santa Gertrudis Creek & Lang Valley Wash which required seasonal maintenance not covered in the project's original resource agency permits. City PW staff met with RCFC to review the priority public improvements to be constructed by the City. Because the improvements to be completed by the City do not include Santa Gertrudis Creek or Lang Valley Wash RCFC has advised they will approve and sign the storm drain plans. In conjunction with completing Street and Strom Drain improvements, various utilities that serve the Roripaugh Ranch Development and the surrounding area must be installed during the road construction. A majority of these "backbone" utility improvements have been installed. Staff is coordinating with all utility purveyors to insure installations will be completed with the street improvements. Status of Resource Agency Permits Staff has met or tele-conferenced with representatives from the US Army Corp of Engineers (ACOE), State of California Regional Water Quality Control Board (RWQCB) and the California Department of Fish and Game {DFG). Staff toured the site with the ACOE &RWQCB representatives individually providing them with a first hand view of the work completed to date and to show them the work the City intends to complete. Both Agencies' initial determination based upon their field observations was that no additional permitting or action would be required on their part to allow the City to move forward with construction of the priority public improvements. After hearing the position of ACOE &RWQCB, DFG representatives felt they could also support this course of action. Each agency requested that the City provide a written summary of our meetings so they could formally respond, to date the City has not received a reply. Status of Right-of-Way The on-site right-of-way (ROW) for all public improvements within the Roripaugh Ranch development was dedicated on the Tract Maps that create the various lots. It has been brought to Staff's attention that additional ROW may be required to accommodate large underground utility vaults which cannot fit within the parkways as presently dedicated. Staff will be coordinating these needs with the developer, who has indicated he will cooperate and provide the needed dedications. The off-site extension of BSR from the southern tract boundary to La Serena Road and the connection of Calle Chapos to Walcott Lane impacts 10 separate parcels within the City. The BSR extension also impacts 8 separate parcels within the County. Prior to the City initiating its efforts to move forward with the construction of these improvements the Developer secured all necessary "Letters of Permission to Grade" and all easements necessaryto construct and maintain the various facilities which extend outside previously dedicated rights-of-way and/or easements. Many of the permission to grade letters or easements were obtained by the developer entering into Memorandums of Understanding {MOU's) with individual property owners. Copies of the MOU's are being reviewed bythe City Attorneyto determine whether or not the City can honorthe various MOU obligations. The City's ability to honor the MOU obligations will depend greatly on a comparison of the cost of the MOU obligations versus the cost initiating and completing a formal property right acquisition. The analysis of the MOU obligations versus the cost of formally acquiring the necessary property rights is proving to be the most challenging aspect of the work required to initiate construction of the priority public improvements. Status of LienslClaimslLawsuits The City Attorney's office has received numerous notices of Mechanics Liens, Professional Service Liens, Claims, and four formal lawsuits {Claims) from various parties seeking to be compensated for materials and/or services provided to the developer prior to the City initiating efforts to complete the priority public improvements. Many of the Claims are for services and/or materials related to portions of the development which are not eligible far acquisition with CFD bond proceeds. Staff and the City Attorney are reviewing documentation as it arrives from the various claimants to determine what, if any, claimed amounts due are eligible for payment from CFD bond proceeds. Timing of Construction Contingent upon resolving the numerous complex right-of-way Memorandum of Understanding obligations, settling and obtaining releases for claims and liens that impact CFD facilities and the Resource Agencies not requiring anyadditional permitting or mitigation, the project documents could be ready for solicitation of construction bids by the end of this calendar year, with construction commencing sometime in early 2009. Assuming a 9-month construction duration the priority public improvements could be open to the traveling public in the fall of 2009. FISCAL IMPACT: Staff is continuing to compile a current estimate of cost to complete the proposed list of Priority I mprovements. Determining the actual amounts necessaryto obtain the necessary releases from various claimants that have completed work which must be utilized by the City to complete the priority public improvements is dependent upon actions and cooperation of third parties which the City does not have any control of and precludes providing an accurate time frame of when the cost to complete the proposed improvements will be available. All costs associated with constructing the priority public improvements and funds needed to obtain releases for work previously completed will be funded CFD bond proceeds. The extent of the priority public improvements completed will be adjusted based upon the amount of CFD band proceeds available. It is anticipated that adequate funds will be available to secure the necessary releases and complete construction of Butterfield Stage Road from La Serena to Murrieta Hot Springs Road, Murrieta Hot Springs Road from Butterfield Stage to Pourroy, and Calle Chapos/South Loop Road from Walcott to the Fire Station. ATTACHMENTS: None ITEM N~}. 14 Approvals City Attorney Director of Finance 5~~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: August 12, 2008 SUBJECT: Purchasing Authorization for Reprographics Services -Old Town Civic Center; PW06-07 Phase 2 PREPARED BY: Greg Butler, Deputy Director of Public Works, CIP Mayra De La Torre, Senior Engineer, CIP RECOMMENDATION: That the City Council approve the purchasing authorization for reprographics services with OCB Reprographics for an amount not to exceed $50,000 for Old Town Civic Center (OTCC) Project, PW06-07 Phase 2. BACKGROUND: On July 22, 2008 the City Council approved the Plans and Specifications and authorized the solicitation of construction bids for the Old Town Civic Center Project, Project No. PW06-07 Phase 2. In order to have the Plans and Specifications available for sale, staff arranges for the reproduction of a number of sets of Plans and Specifications, depending on the size of the project. Staff has processed a City Manager approved $30,000 Purchase Order (PO) to initiate the necessary plan reproductions. However, because the Civic Center project is a large-scaled project, an additional $20,000 will be necessary to complete its reprographics needs. The Temecula Civic Center has been advertised for bidding requiring copies of plan and specs to sell to potential bidders. The City has along-standing and satisfactory working relationship with OCB Reprographics. Due to the time constraints of this project, OCB was utilized for the initial reproduction needs. The additional purchasing authorization requested above is a natural extension of OCB's original services. FISCAL IMPACT: This project is included in the FY09-13 CIP Budget as the Civic Center and is funded with Capital Project Reserves, Certificates of Participation (COPs) and DIF - Corporate Facilities. Adequate funds to cover the additional $20,000 are available in Project Account No. 210-165-751-5801. A majority of the reproduction expenses will be recovered by the sale of the plans & specifications to prospective bidders. ATTACHMENTS: None ITEM N~}. 15 Approvals City Attorney S~~ Director of Finance City Manager ~ p( () CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: August 12, 2008 SUBJECT: Authorize Temporary Street Closure of Main Street between Old Town Front Street and Murrieta Creek for the "Temecula-On-Stage" event scheduled for August 30, 2008 and Delegate Authority to Issue a Special Events/Street Closures Permit to the Director of Public Works PREPARED BY: Daniel York, Deputy Director of Public Works/City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREETCLOSURE OF MAIN STREET BETWEEN OLD TOWN FRONT STREET AND MURRIETA CREEK FOR THE "TEMECULA-ON-STAGE" EVENT SCHEDULED FOR AUGUST 30, 2008 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES BACKGROUND: The "Temecula-On-Stage" event is scheduled for Saturday, August 30, 2008 from 6:00 PM to 11:00 PM with the actual street closure scheduled between 6:00 AM to Midnight. This first-class event will showcase the area's top chefs and wineries along with a variety of performance arts including local musicians, vocalists, actors and dancers. This event will be the focal point of the Labor Day weekend in which visitors will enjoy all that Temecula Valley has to offer at a discount, by purchasing a special passport provided by local businesses who partner with the event. This event will serve as a fundraiser for the resident companies of the Old Town Temecula Community Theater and is expected to draw 500 guests. The event will require closure of the portion of Main Street between Old Town Front Street and the east edge of the Children's Museum driveway. Access to the Children's Museum and Temecula Community Theater will remain accessible during regular hours of operation. The event will require assistance from the Public Works Department by providing support services for the street closure, public safety monitoring, and the permit process. Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary far the safety and protection of persons who are to use that portion of the street during the temporary closing". The City Council adopted Resolution No. 91-96 on September 10,1991, which provided standards and procedures for special events on public streets, highways, sidewalks, or public right of way. While a process was established for reviews and approvals, no mechanism was provided for delegating authority to temporarily close streets, or portions of streets, for these special events. The subject resolution delegates the authority to approve temporarystreet closures far this specific event, "Temecula-On-Stage", to the Director of Public Works. All other special events requiring temporarystreet clasures, construction-related closures, etc, shall remain subject to the approval of the City Council subject to rules and regulations established by the City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21101. FISCAL IMPACT: The costs of police services, and for provision, placement, and retrieval of necessarywarning and advisorydevices bythe Public Works Department are included in budgetary items. ATTACHMENTS: 1. Resolution No. 2008- 2. Vicinity Map RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF MAIN STREET BETWEEN OLD TOWN FRONT STREET AND MURRIETA CREEK FOR THE "TEMECULA-ON-STAGE" EVENT SCHEDULED FOR AUGUST 30, 20Q8 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and WHEREAS, the City of Temecula sponsors the "Temecula-On-Stage" event, for which such temporary street closure on Main Street between Old Town Front Street and Murrieta Creek promotes the safety and protection of persons using or proposing to use that street for the special event; and WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close Main Street for the "Temecula-On-Stage" event scheduled for August 30, 2008; and, NOW, WHEREAS, the City Council desires to authorize the Director of Public Works to approve the temporary street closure of Main Street for the "Temecula-On- Stage" event, and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the Director of Public Works/City Engineer to permit the temporary street closure of Main Street for the "Temecula-On-Stage" event scheduled for August 30, 2008, and affirms the general rule that all other temporary public street closures shall be approved or denied approval by the City Council. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of August, 2448. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 48- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of August, 2448, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ~--- - ~. 0~ 5~`e cti kio o~ ~ „ ~~a~s nn~ Ora'` ~ a 4~/~ ~ ~ Q) "Y ~ O O L ~ ~ O ~ ~ ~cc R ~" O ^ ~. G ,, ~~~;n .~ __-~---_" ~ ra a~ ~. ~, O > i ;: . . ~'':~ ~ U 'i '_d F C. ~ - ~ C N ~ ~ ~ •~ oc . ; ,. ... C O i~;.! U N ~ f6 C ~ V ~ .- ~ es 1. V L v ~ L p1 ~ ~Q.i~ C. .q ~ .. In O m ~ Al a ~ ~ f e~,~SG~ ~ E a' ~ a ~°O Em c rv a'te' oo~ ~0 f+'1 ~ m u~EtO v rn o, a ~ ~ Y ~a ~ x C ~ bb N O Y ~ ¢~ ~~ o W ~ ~~ a_ m a i m d ~ ~i9~ a J g y ry Ni C! x~~~ e 5 _ t} A gG ~ 'D ~ O _C G ~ O'~ ~ H Lo~ mli S~nh~OR ~~~] /` 0. ~ ~~$ ~ ,~~ SEA ~ ~~~~~~~g S~$3~iss~~~ 0 N N .' N K ITEM N~}. 1G Approvals City Attorney S~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: August 12, 2008 SUBJECT: Third Amendment to Agreement with Albert A. Webb Associates PREPARED BY: Stephen Brown, Principal Planner RECOMMENDATION: That the City Council approve the third amendment to Agreement between the City of Temecula and Albert A. Webb Associates in the amount of $85,000 for consulting services for the Santa Margarita Ecological Reserve Annexation Area. BACKGROUND: The City Council adopted a Resolution requesting the commencement of proceedings to annex approximately 4,997 acres southwest of the City of Temecula. A Notice of Preparation of an Environmental Impact Report (NOP) was issued in April of 2007 to determine the issues that needed to be examined in the Environmental Impact Report. After receiving comments, a Draft EI R was prepared that had expanded in content beyond that which was originally anticipated due to numerous public comments. With this third amendment of $85,000, the contract with Albert A. Webb Associates totals $216,000 for consulting services for the Santa Margarita Ecologic Reserve Annexation Areas. The additional work will include several preliminary draft documents and study information which is contained in the attached scope of work. FISCAL IMPACT: This work occurred during the FY07-08 Budget year and funds are available to cover these costs within existing FY 07-08 appropriations. ATTACHMENTS: Third Amendment to the Agreement Exhibit "A" Additional Scope of Work Exhibit "B" Compensation THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND ALBERT A. WEBB ASSOCIATES Santa Margarita Ecological Reserve Area Annexaton Enviornmental Impact Report THIS THIRD AMENDMENT is made and entered into as of August 12, 2008 by and between the City of Temecula ("City"), a municipal corporation, and Albert A. Webb ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On March 27, 2007, the City and Consultant entered into that certain Agreement entitled "City of Temecula Agreement for Santa Margarita Ecological Reserve Area Annexation Environmental Impact Report", including contingencies in the amount of One Hundred one Thousand Two Hundred Dollars and No Cents ($101,200). b. On September 11, 2007 the Agreement was amended to increase the Payment, in the amount of Thirty Thousand Dollars and No Cents ($30,000). c. On May 5, 2008 the Agreement was amended a second time to extend the term of the Agreement for one year. d. The parties now desire to increase the payment for services in the amount of Eighty-five Thousand Dollars and No Cents ($85,000) and amend the Agreement as set forth in this Amendment. 2. Section 5.a. PAYMENT. a. The City agrees to pay Consultant 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. T.he Third Amendment amount shall not exceed Eighty-five Thousand Dollars and No Cents ($85,000) for additional consulting services for a total Agreement amount of Two Hundred Sixteen Thousand Dollars and No Cents ($216,000). 3. Exhibit A to this agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R:Wnnexation\Santa Margarita Annexation\EIR\Contracts\Albert Vyebb EIR Amendment# 3 (2).doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT BY: (Signature) NAME: (Printed Named) TITLE: BY: (Signature) NAME: (Printed Named) TITLE: TWO SIGNATURES REQUIRED FOR CORPORATIONS Name of Contact Person at Company: Mailing Address of Company: Telephone No. of Company: Facsimile No. of Company: R:\Annexation\Santa Margarita Annexation\EIR\Contracts\Albert Webb EIR Amendment # 3 (2).doc EXHIBIT "A" ADDITIONAL SCOPE OF WORK SANTA MARGARITA AREA ANNEXATION CEQA COMPLIANCE Environmental Impact Report (EIR) Circulated in February 2008 The following represents the expanded scope of the EIR effort beyond that which was originally anticipated for the Draft EIR that was circulated in February 2008. The increased effort included the following: • Addition of Biological Resources and Cultural Resources sections to the EIR to address issues brought up in comments received in response to the Notice of Preparation and research in support of those sections. • Extensive research in order to prepare the Mineral Resources section of the EIR in order to address issues brought up in comments received in response to the Notice of Preparation. This information was shared with Dr. Kerry Cato to assist him in the preparation of his mineral resources report, which was initiated by the City subsequent to Webb Associates' effort. • The preparation of a second Screencheck EIR in response to comments from City staff and legal counsel. In addition to the preparation of a second Screencheck document, several sections were submitted to the City prior to completion of the first Screencheck document and have been revised additional times in response to City comments. • The preparation of a third Screencheck EIR in response to comments from City staff and legal counsel. • Multiple revisions to the Transportation and Traffic section of the EIR to reflect ongoing changes in the City's requested approach towards addressing this issue, including changes in the Thresholds of Significance. • Increased coordination with the City including the addition of weekly conference calls regarding the project. • Completion of two Traffic Impact Analyses for the proposed project, including the separation of a single report addressing both the proposed project and the quarry alternative into two separate reports. Revisions to the traffic studies necessitated in the City's requested approach towards addressing this issue, including changes in the Thresholds of Significance. • Additional costs incurred in the preparation of the Air Quality Impact Analysis, due to additional revisions requested by City staff and legal counsel. EXHIBIT "B" COMPENSATION On a lump sum basis, total fees for services shown in Exhibit "A" will be $85,000. Charges for services will be billed monthly on a percent complete basis. Charges for printing, photo copying, postage, outside services, subsistence, electronic distance measuring equipment, and for coordination or other services not specifically listed in Exhibit "A", will be billed on a time and material basis, in addition to the contract amount shown above. All invoices shall be due and payable upon receipt. If invoices remain unpaid after 30 days, consultant shall cease work on project, and interest of 1.5% per month on unpaid balances shall be charged. NOTES: The preparation of any technical surveys not set forth in Exhibit "A" that are determined to be required to complete the project by the City; or due to comments received during agencylpublic review of the CEQA documents will be an additional expense not included in this contract. ;;i);~~la.'cnm'2rcial Specialty Group To:Certificate for Albert A. Webb Associates 12:080571510BGMT-07 Pg 02-0fi Client#• 28760 ~ 10ALBERTW ~` tt~:~RD~ CERTIFICATE OF LIABI LITY INSURANCE "Y' "di3 ~ ~ - 020;,2oo$ 'ER THIS CERTIFICATE 1S lBSUEp AS A MATTER OF PIFORMATION - fPl of CA ~ IE CL ONLY AND CONFERS NO RIGHTS UPON 7HE CERTIFICATE :~rt'I Of CA Ins Serv, Inc. k HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGEAFFORDED BY THE POLICIES BELOW. iij1atham St, S[e #1111 n`:tide, CA 92501 INSURERS AFFORDING COVERAGE NAIC# Vii' e+suaea A: American Insurance Compan 21857 7,rt,~~~a; Albert A. Webb Associafes r ? ! 3788 MLC S wsuRra E: Cypress Insurance Company (CA) 10855 s , ; ray t c,~:j3, WsuaEaa ACE American Insurance Company 22667 _ Riverside, CA 92506 . wpuREa D: EREINr3 SUBJECT TD ALL THETERMS, E%CWSIONS CLAIMS. t TYPE OE Wf URANCE POLICY NUMBER GATE NIP Li aATO LIMIT S ~ oEXEwuumutt MXX80885244 02101!08 02!01/09 FACHOCCURRENGE f100000D M 'I '} ~ X LOMNERCIgL GENERAL UABILnY DAMAGE TOftENwED u n 21DD DOO k ~„q~~~"j ~ CIAINS MADE ~X oGGUR MEDE%P {Airy me rtan) S$OOO ~ -~' PER90NALd ADV INJURY 51 ODO OOD ~~ OEN'ePAL AGGREGATE 32 OOO OOO ' I GENL AGGREGATE LIIARAPPl1E3 PER: PRODUCTS-CCMP/M AGG S2 OOO gOO ~. ?OUIX X JET LOL ~~!~ ~w AU TBNOWLE LUBIUIY MXX6O685244 ~ O2fO1iD6 02107709 COMBwEDGWGLE LINR 31 000 000 X PNYAllTO (EP mM011O , , 'rh ALL ONNED AUTOS ' BDGLLV WJLRY S ui a GHEDULED AUTOS IPrf PPRenI X !IINEL•AV IGX X eODILYINJLXLY P eC S NON-0WNED gVTOS I a fc enp N . DAMAGE PoOPER x N { ~° ¢" cnwcE weluTr AUTO ONLV~EgACCIDENT i x~rvano sLacc OlHER1HAN s AVm ONLY: AGG f tf1cE63NNB0.HLM lIABIUTY EAR! p(:CURRENCE i OC R ~ CU GWMf NAOE pGGAEGATE s f ' DEOUCDBLE ~ S ' RGTEXTION f 8 llRNERS COMPENBAtWNAND E ~ 3310013402071 O9fO1ID7 O9Po1fD9 X wC STATLL OTN- ~ ~>LVYEgf'LIASIUTY ~ - S I WiUPR1ErORNARiNEREXEQRIVE EA, EACNACGIDEM 51 OOO OOO ' IfF_NLVNnER E%GLVDEDr - - EL DISEASE-EAEMPLOYEE 51000,000 n. Xeivbe untlN `iLW PROVIGEIKR bNmv E.L. dSEASE. PDUCYLIMIi LI OOO OOO ;IER Pmfesslonal ~ EDNG21641972005 08/06/07 08N8108 1,000,000 Each Clalm "`Ilbility :f,:f 1,OD0,000 Aggregate ;~,.'s.'m~,_.'~ 100,OOD DeducOble ,~iF !ION OF GPERATIOXf ILGLAnDNS/YEXICLESlESttUG1pNSAWEDBY ENDORBEMENT/BPELNL PRDVEiIOXH : •nta Margarita Ecological Reserve Annexation EIR 07.0090 yl • ly, ifs officers, otOcials, emptvyees and volunteers are named Bs mai Insured with respects to General Liability per form CG2070 ~Ittached. Primary wording endorsement gGG00011207. `ifl days noticat ~~NLNached Descriptions) 1•~ICATE}IOLOER CANCELLATION ~~~pt l1 SNGULO AXr OF THEgeOVE pESCRIBD-0POUCIEB BE DANGElLEO BEFORE THE E%PIRATIOx. t- , City Df Temecula DATE THEREOF,iHE159U1NG INSURER mLLENDEAVORTO MAfI spa D0.Y$WRllTai w r4_#~ Attn: Clty Manager ~/ NOTI[ETO THE CERTIRCATE HttO£RNAMED TO TXELEPi. BUT FNLURETOOO SOSHALL _ 432OO BOSIr1C55 ParR DTiVB IMPOSENDOBLIWTIDN DR LIABILnY Dr ANV pnD UPOx TXEMSURER, n9 ADENTBDR Temecula, CA 92590 - REPRESanpnvES. AurxpaaED REracsLNrpme 25 (2nD11D6)y of 3 #539274IM39267 . JJE2 o ACORD CORPORATION 1966 ITEM N~}. 17 ORDINANCE NO. a8-a7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.32 OF THE TEMECULA MUNICIPAL CODE TO UPDATE THE 1NATER EFFICIENT LANDSCAPE DESIGN STANDARDS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Planning Commission of the City of Temecula held a duly noticed public hearing on June 18, 2008 to consider the proposed changes to the Temecula Municipal Code, at which time the City staff and interested persons had an opportunity to, and did testify either in support ar opposition to this matter. B. Fallowing consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 08-32, recommending that the City Council approve an amendment to Chapter 17.32 of the Temecula Municipal Code to update the Water Efficient Landscape Design standards. Section 2. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Chapter 17.32 of the Temecula Municipal Code: A. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA"} pursuant to Title 14 of the California Cade of Regulations, Section 15308, Class 8, Actions by a Regulatory Agencies for Protection of the Environment. The proposed Code amendment improves the conservation of water resources by establishing more stringent drought tolerant and irrigation landscape standards. Section 3. Chapter 17.32 (VlJater Efficient Landscape Design} of Title 17 (Zoning) is hereby repealed in its entirety. Section 4. Anew Chapter 17.32 entitled Water Efficient Landscape Design is hereby added to Title 17 {Zoning} of the Temecula Municipal Code to read as follows: R:/Ords 2008/Ords 08-07 "WATER EFFICIENT LANDSCAPE DESIGN SECTIONS: 17.32.010 Purpose. 17.32.020 Definitions. 17.32.030 Applicability. 17.32.040 General provisions. 17.32.050 Procedures. 17.32.060 General landscape requirements. 17.32.070 Irrigation system design requirement. 17.32.080 Residential requirements. 17.32.090 Commercial, office, industrial, public institutional requirements. 17.32.100 Open spacelrecreationlconservation zoning district requirements. 17.32.110 Maintenance requirements. Appendix A -Water Budget Formula Appendix B -City of Temecula Plant List 17.32.010 PURPOSE. The following Water Efficient Landscape Standards are designed to assist landscape architects, irrigation designers, contractors, planners and the public in the selection of plant materials and irrigation methods that result in more water efficient and water conscious landscaping throughout the City. The purpose of this chapter is: A. To promote high quality, water efficient landscaping, water use management and water conservation through the use of water efficient landscaping, wise use of turf areas and appropriate use of irrigation technology and management; B. To reduce landscape water demands without sacrificing landscape quality ar quantity; C. To retain flexibility and encourage creativity through appropriate design; D. To assure the attainment of water efficient landscape goals by requiring that landscape not exceed a maximum water demand of 80 percent of its reference evapotranspiration (ETo) or any lower percentage as may be required by State legislation; E. To eliminate water waste from overspray and/or runoff; and F. To promote water conservation through public awareness. R:/Ords 2008/Ords 08-07 2 77.32.020 DEFINITIONS "Allowable percentage" means allowable percentage for determining the maximum allowable water budget is 0.8. This represents a factor including consideration of an average landscape coefficient and irrigation efficiency. "Applied water" means the portion of water supplied by the irrigation system to the landscape. "Active recreational use" means areas of active play or recreation such as sport fields, school yards, picnic grounds, or other areas of intense foot traffic that provide public benefit. "Amendment" means additions to the soil, such as compost, leaf mold, peat moss, or ground bark, which improves aeration and drainage of clay soils and helps hold water in sandy soils. "Application rate" means the depth of water applied to a given area in one hour, usually measured in inches per hour. "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. "Check valve" or "anti-drain valve" means a valve located under a sprinkler head to hold water in the system to prevent drainage from sprinkler heads when the system is off. "Distribution uniformity" means a measure of how evenly water is applied over an area "Emitter" means drip irrigation emission device that delivers water slowly from the system to the plant measured as gallons per hour. "Established landscape" means the point at which plants in the landscape have developed significant root growth into the site. Typically, mast plants are established after one or two years of growth. "Establishment period" means, for purposes of this chapter, the first year after installing the plants in the landscape. The actual establishment period varies depending upon the plant species, the development of the plant's root system, soil conditions, and other environmental factors. "Estimate applied water use" means the portion of the Estimated Total Water Use that is derived from applied water. "Estimated total water use" means the annual total amount of water estimated to be needed to keep the plants in the landscaped area healthy. It is based upon such factors R:/Ords 2008/Ords 08-07 3 as the local evapotranspiration rate, the size of the landscaped area, the types of plants, and the efficiency of the irrigation system. "ET adjustment factor" means a factor of 0.8 that, when applied to reference evapotranspiration, it adjusts for plant factors and irrigation efficiency. "Evapotranspiration" means the quantity of water evaporated from adjacent soil and other surfaces, and transpired by plants during a specific time. "Flow rate" means the rate at which water flaws through pipe fittings, valves, and emission devices. "Hardscape" means any durable surface material (pervious and nonpervious) "Hydrozone" means a portion of the landscape area having plants with similar water needs that are served by a valve or set of valves with the same irrigation schedule. A hydrozone may also be nonirrigated, for example, a naturalized area. "Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. "Landscape coefficient" means the functional equivalent of a crop coefficient in agriculture. When multiplied times ETo, it estimates the amount of water required to maintain landscape plants in good condition. "Landscaped area" means the entire parcel less the building pad, driveways, and nonirrigated portions of parking lots, hardscapes -such as decks and patios, and other pervious or nonperviaus areas. "Landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules. "Land use entitlement" means any legislative, discretionary or quasi-judicial review that requires City approval. "Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the main line. "Low volume irrigation" means any irrigation system with a flow rate equal to or less than 0.75 inches per hour, including drip irrigation, subsurface drip, micro-sprinklers and similar irrigation type. "Main line" means the pressurized pipeline that delivers water from the water source to the lateral lines. Mature landscape. See "Established landscape." R:/Ords 2008/Ords 08-07 4 "Maximum allowable water budget" means for design purposes, the upper limit of annual water use for the established landscaped area. It is based upon the area's evapotranspiration, the ET Adjustment Factor, and the size of the landscaped area. "Microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to wind, sun exposure, plant density, proximity to reflective surfaces, etc. "Moisture-sensing device" means a device that measures the amount of moisture in the soil. "Mulch" means any organic material such as leaves, bark or straw left loose and applied to the soil surface to reduce evaporation and suppressing weeds. "Operating pressure" means the pressure at which an irrigation system is designed by the manufacture to operate (static pressure minus pressure losses). This is usually indicated at the base or nozzle of a sprinkler. "Overspray" means when sprinklers deliver water beyond the landscaped area, wetting pavements, walks, structures, or other nonlandscaped areas. "Plant factor" means a factor that, in combination with irrigation efficiency, when multiplied by reference evapotranspiration, estimates the amount of water used by plants. "Percolation" means the movement of water through the soil. "Potable water" means water which is meant for human consumption. "Precipitation rate" means the rate at which water is applied, usually expressed in inches per hour. "Pressure compensation bubbler" means an irrigation emitter useful for watering trees and shrubs with water basins; produces a reduced flow of water that bubbles on the soil. "Quick coupling system" means a sprinkler system which uses permanently installed valves and sprinklers that can be moved from valve to valve. "Rain sensor" means a component of the irrigation system that automatically suspends the irrigation schedule when it rains. "Reclaimed water," "recycled water," or "treated sewage effluent" means treated ar recycled water of a quality suitable for nonpotable uses such as landscape irrigation and water features; not intended for human consumption. "Reference evapotranspiration {ETo}" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month, R:/Ords 2008/Ords 08-07 5 or year and is an estimate of the evapotranspiration of a large field of four- to seven- inch tall, cool season turf that is well watered. Reference evapotranspiration is used as the basis of determining the maximum allowable water budget so that regional differences in climate can be accommodated. "Rehabilitated landscape" means a significant replacement of established landscaping and/or irrigation with a new landscaping and irrigation. For purposes of this chapter, "significant" is defined as any replacement exceeding fifty percent of a landscaped area and is at the discretion of the director of planning. Rehabilitated landscapes shall be consistent with the provisions of Chapter 17.32 of the Municipal Code. "Runoff' means water which is not absorbed by the soil ar landscape to which it is applied. Runoff occurs when water is applied at too great a rate or when there is a slope. "Smart irrigation controller" means a type of irrigation controller which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions. "Soil texture" means the classification of soil based on its percentage of sand, silt and clay. "Sprinkler head" means a device which discharges water through a nozzle. "Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing. "Station" means an area served by one valve or set of valves that operate simultaneously. "Turf' means a groundcover of cool- orwarm-season grass that is mowed. "Valve" means a device used to control the flow of water in the irrigation system. 17.32.434 APPLICABILITY. A. Except as provided in subsection B of this section, requirements of this chapter shall apply to: 1. All discretionary permits and/or approvals for residential, multifamily, commercial, mixed-use, industrial, and public institutional uses, except for grading permits relating to said uses; 2. All commercial rehabilitated development projects including those by public agencies; 3. Developer-installed, common area landscaping for single-family and multi- family residential development projects; R:/Ords 2008/Ords 08-07 6 4. In the event Covenants, Conditions and Restrictions are required by the City for any permit subject to this Ordinance, a condition shall be incorporated into any project approval prohibiting the use of water intensive landscaping and requiring the use of low water use landscaping pursuant to the provisions of this Ordinance in conjunction with common arealopen space landscaping. Additionally, such a condition shall also require the Covenants, Conditions and Restrictions to incorporate provisions concerning landscape irrigation system management and maintenance. This Ordinance shall not be construed as requiring landscaping on common areas or open space that is intended to remain natural. B. This chapter shall not apply to: 1. Individual single family dwellings or areas remaining in undisturbed natural vegetation where no irrigation is proposed; 2. Cemeteries; 3. Registered federal, state, and/or local historical sites and/or structures; 4. Ecological restoration projects that do not require a permanent irrigation system; 5. Landscape projects that existed prior to the effective date of the ordinance codified in this chapter, unless such landscaping is rehabilitated; 6. Final landscape plans which have been approved prior to the effective date of the ordinance codified in this chapter, unless such landscaping is subsequently rehabilitated; 7. Landscape projects with conditions which, in the determination of the director of planning, would reasonably or necessarily be exempt. 17.32.040 GENERAL PROVISIONS. A. All landscape plan approvals are subject to and dependent upon the applicant complying with all applicable City Ordinances, codes, regulations and adopted policies. B. Should any provision of this chapter conflict with any other provisions already established by the City, the more water efficient provision shall apply. C. If the water purveyor for a proposed project has adopted more restrictive water efficient landscaping requirements, all landscaping and irrigation plans submitted shall comply with the water purveyor's requirements. Said plans shall be accompanied by a written document from the water purveyor delineating the more restrictive requirements. D. Landscape design shall facilitate the implementation of landscape maintenance practices which foster long-term water conservation. Said practices may include, but R:/Ords 2008/Ords 08-07 7 not be limited to, scheduling irrigation based on established industry standards, conducting water audits and establishing a water budget to limit the amount of water applied per landscape acre. E. Landscaping for fuel modification zones shall be subject to standards required by the City's Fire Department. F. Landscaping adjacent to the Western Riverside County Multi-Species Habitat Conservation Plan {MSHCP} conservation areas shall avoid invasive species as listed in the MSHCP. 17.32.050 PROCEDURES. A. The landscape plan package shall include: construction landscape plans, irrigation plans, agronomic soils report, water budget, irrigation schedule, and maintenance schedule. B. Soil tests are required on all projects far appropriate specifications of soil amendments, and to facilitate selection of water efficient plant species suitable for the site. Soil amendments such as compost shall be provided to improve water holding capacity of soil, where soil conditions warrant. C. The construction cost estimate is required with all construction landscape plans. D. Landscape maintenance schedule is required with all landscape plans as identified in Section 17.32.110. E. The submittal, review, revision and approval of all required landscape and irrigation plans shall be in compliance with already established City procedures for land use entitlements. The requirements of this chapter shall be submitted jointly along with the required applications, plans and fees required for land use entitlement as required by the Director of Planning and on file in the Planning Department. F. Landscaping plans shall be prepared using the Water Budget Formula described in the Appendix A. In addition, landscaping plans shall provide a water budget which includes estimated annual water use {in hundred cubic feet per year {ccf/yr)} and the area {in square feet} to be irrigated; and precipitation rates for each valve circuit. The Planning Director or designee shall approve all landscaping plans. G. Prior to the issuance of a building permit for a project, subject to this Ordinance, or as otherwise specified in the conditions of approval for a project, planting and irrigation plans prepared for the project shall be submitted for review and approval by the Planning Director. H. Prior to the issuance of a certificate of use and occupancy, an applicant shall submit a letter of substantial conformance, subject to field verification by the planning director or his or her designee. Said letter of substantial conformance shall be prepared by the project designer and shall indicate that all plant materials and irrigation system R:/Ords 2008/Ords 08-07 8 components have been installed in accordance with the approved final landscape and irrigation plans. If a certificate of use and occupancy is not required for the project, such letter of substantial conformance shall be submitted prior to scheduling for the final inspection. The letter of substantial conformance shall be signed and certified by a licensed landscape architect and shall indicate that: 1. The landscaping has been installed in conformance with the approved planting and irrigation plans; 2. The smart irrigation controller has been set according to the irrigation schedule; 3. The irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff; and 4. A copy of the irrigation and maintenance schedule has been given to the property owner. 17.32.060 GENERAL LANDSCAPE DESIGN REQUIREMENTS. The design and installation of all proposed landscape improvements subject to this section shall comply with the following provisions: A. All landscaping plans shall comply with the City of Temecula Citywide Design Guidelines. B. All landscaped areas shall be irrigated with an automatic irrigation system as required in this Chapter. C. Water Quality Management Plan Best Management Practices {if applicable} that affect the landscaping shall be identified on the detailed construction landscape plans. D. Landscape design shall provide for the functional aspects of landscaping such as grading, drainage, minimal runoff, erosion prevention, wind barriers, provisions for shade and reduction of glare, and outdoor activities. E. Landscape design shall provide for the retention of existing mature landscaping that is in good, healthful condition, by incorporating such landscaping into the landscape plan. The protection, preservation and enhancement of native species and natural areas are required where feasible. F. The landscaping plan shall incorporate trees, shrubs and ground covers that have low crop coefficiency categories of 4.1 and ~.2 or medium crop coefficiency categories of 0.5 and 0.8. The City of Temecula Plant List indicating the crop coefficient is contained in Appendix B. The list of approved plants and materials is intended to assist designers in obtaining the plant coefficient of many plant materials. If plants not included in the list are used, the designer shall submit plant coefficient numbers with backup information for use of the City in reviewing the plans. R:/Ords 2008/Ords 08-07 9 G. Landscape design shall provide for the grouping of plants in regard to their water, soil, sun and shade requirements and in relationship to the buildings, so as to facilitate appropriate and efficient water applications. Plants with different water needs shall be irrigated separately. H. Protective tree grates shall be provided for trees planted in pedestrian areas. I. Root barriers shall be placed where trees are planted within five feet of any hardscape element or building. J. Turf shall be limited to only those areas designated for active recreational use. K. Turf shall not be planted in areas that are less than eight feet in width. L. Turf is not permitted on bermed areas due to the problem of water runoff. M. A shallow swale shall be designed at the toe of all berms which are adjacent to sidewalks ar other impervious/impervious hardscape surfaces to "catch" any runoff. This will help prevent weathering of pavement. If overhead spray irrigation is used for bermed areas, sprinkler heads shall be placed at the tae of the berm, so as to water from the bottom up. N. A minimum three-inch layer of mulching shall be installed and maintained over all non-turf areas. In areas with groundcover planted from flats, the mulch depth shall be no less than one and one-half inches. The mulching should be in the form of shredded bark, bark chips of varying sizes, or other similar materials. The size and type of mulch used should allow for moisture to pass through the surface, thus providing permeability and reduced erosion, particularly on slopes. Nonporous material shall not be placed under mulch. O. If the area proposed for development is improved and is not scheduled for development within six months of the completion of the previous phase, it shall be temporarily landscaped and irrigated for dust and soil erasion control, and shall not be counted toward meeting the landscaped area requirements of the zoning district. P. Enhanced hardscape features that include public art, sculpture and/or water features may be counted as part of the required landscaping as long as they are designed and integrated in a manner that accentuates the landscaping. Q. Permeable surfaces shall be used wherever permissible in place of impervious paving, to encourage on-site water infiltration and support water conservation measures. Permeable surfaces shall be identified on plans. 17.32.070 IRRIGATION SYSTEM DESIGN REQUIREMENTS All irrigation systems shall be designed, constructed, managed, and maintained to achieve the highest overall efficiency possible. Efficiency is measured by the amount of water beneficially used to sustain plant life divided by the amount of water applied. R:/Ords 2008/Ords 08-07 10 Efficiency is affected by the attributes of the controller, method of irrigation, irrigation equipment, proper hydrozoning, site topography, condition and size of plants, and weather conditions. The design and installation of all irrigation improvements shall be in compliance with the following provisions: A. The irrigation plan shall incorporate appropriate irrigation equipment, drip irrigation, bubbler, spray head, and/or rotor irrigation heads in order to provide the most efficient water application. B. The irrigation plan shall be prepared at the same scale as the construction landscape plan and, at a minimum, shall identify the following: 1. Location and size of service lateral(s); 2. Location and size of water meters}; 3. Point of connection (PAC) location and static pressure at PAC. Each point of connection shall indicate the size of the water meter, the static pressure available, and the maximum flow of the irrigation system; 4. Manufacturer's name, model number, total flow rate (gallons per minute}, designed operating pressure {psi), and precipitation rate for each overhead spray and bubbler circuit, and total flow rate {gallons per hour} and design operating pressure {psi} for each drip and low volume irrigation circuit; 5. Location, size, and type of all irrigation components including, but not limited to smart controller, central controller, master valve, flow sensor, backflow prevention device, ball valves, anti-drain check valves, pressure supply (main) line, lateral lines, pipe sizing, valves, spray heads, rotors, drip, low volume irrigation equipment, gallons per minute, pressure regulators, and pumps; 6. Hydraulic calculation worksheet including flow rate {gallons per minute}, design operating pressure, and pressure loss far valve with "worse condition;" 7. Precipitation rate (inches per hour) far each spray type circuit; 8. Irrigation legend to include all irrigation equipment used on the project; 9. Location of each hydrozone; 10. Topographic elevation lines to determine slope; 11. Proximity to existing or planned recycledlnon potable water lines; 12. Irrigation system details for assembly and installation; R:/Ords 2008/Ords 08-07 11 13. Calculation for the project's landscape Water Budget Formula {see Appendix A). C. Separate landscape water meters shall be installed for non single-family residential landscaping with a landscaped area greater than 5,400 square feet. D. All landscaped areas must be serviced by a "smart irrigation controller" which automatically adjusts to the frequency and/or duration of irrigation events in response to changing weather conditions. Smart irrigation controllers shall have the following attributes: 1. Real-time, weather based program adjustment capability; 2. Project must have an on-site weather station or external ETo input; 3. Rain sensors shall be placed within an unobstructed natural rainfall area and shall be located above the irrigation spray pattern; 4. Master valve {or simultaneous operations} for landscaped areas greater than 12,000 square feet; 5. Flow sensor; 6. Multiple start times; 7. Multiple programs. E. Residential front yard typical Irrigation plans must demonstrate that sufficient capacity exists on the specified irrigation controller to supply adequate additional zones for future side and backyard landscaping. More than one controller per residential unit shall be avoided. F. With the exception of single-family residential units, all irrigation plans shall be designed far use of non potable water in all areas scheduled for non potable water in the future. Provisions for the conversion to a nonpotable water system shall be provided within the landscape plan should there be the possibility for future nonpotable water availability. Water systems designed to utilize nonpotable water shall be designed to meet all applicable standards of the City of Temecula, the California Regional Water Quality Control Board, State Department of Health Services, the Riverside County Health Department and the local reclaimed water purveyor. G. Non single-family residential landscaping greater than one acre in size shall include a central controller programmed to distinguish irregular flows {e.g. broken valve, line, spray head, etc.}. The central controller shall temporarily shut off the affected branch or the entire system, and send an immediate electronic message to the maintenance entity. R:/Ords 2008/Ords 08-07 12 H. Separate valves shall be provided for separate water use planting areas, so that plants with similar water needs are irrigated by the same irrigation valve. Drip irrigation techniques or similar high-efficiency irrigation type shall be provided where appropriate (i.e., shrubs, massing in-mulched areas} in instances where spray irrigation is not necessary. I. Irrigation systems shall be zoned according to plant water use, slope aspect, and sun/shade microclimate. If low water use plants {that can also survive/flourish with medium water application} are used within a medium water use hydrozone, they must be counted as medium water use in the irrigation calculations. J. The use of head check valves shall be included in irrigation systems as applicable. K. Pressure regulation shall be incorporated into all irrigation systems to prevent excessive pressure at sprinkler heads. L. Low head drainage is not permitted. M. All irrigation products specified shall achieve an irrigation operational distribution uniformity of 80 percent or greater in all turf areas and 70 percent in all other landscaped areas. N. Bermed areas should be irrigated with drip line irrigation. If spray irrigation is necessary for bermed areas, then sprinkler heads shall be placed at the toe of the berm. O. Overhead spray systems shall not be used in landscape areas narrower than eight feet in width. P. Rotors and spray heads shall be designed and installed with minimized overspray onto paved surfaces, structures, and non-vegetated areas. The design shall be head-to-head coverage with matched precipitation heads. Rotors and spray heads shall be zoned separately. Half rotors and full rotors shall be zoned separately unless matched precipitation nozzles are used. Q. High efficiency irrigation methods {e.g. drip, MP rotators, and microsprays} are required for appropriate applications. R. Paint-to point drip systems shall utilize Schedule 40 PVC lateral lines. The lateral lines shall either be placed on-grade and secured with pipe anchors at a minimum 10 feet on center, ar buried one foot below grade. S. For drip line installations, in-line pressure regulators shall be used per factory recommendations for the specific irrigation products being used. If drip line is being installed, it must be filtered at the valve along with any other necessary equipment. R:/Ords 2008/Ords 08-07 13 T. The delivery tubing for point-to-point irrigation systems shall be no longer than three feet and attached to grade at minimum two foot intervals. U. Emitter line drip systems shall have the lines placed no more than 18 inches apart. The emitter lines adjacent to curbs or walks shall be placed at a maximum of nine inches from the curb or walk. Emitter lines shall be attached to grade at a minimum of five feet on-center. All plants shall be planted between two emitter lines. V. The finish grade for all on-grade drip systems shall be a minimum of three inches below adjacent curbs or walks. All drip systems shall receive a minimum of three inches of medium grind bark. W. All drip systems shall utilize the mature canopy size of the plant in determining the number of emitters to be placed at each plant. A schedule showing the varying amount of emitters shall be placed on the plans. The run-times shall be shown in the irrigation schedules. X. The maximum square feet of any drip valve shall be 2,500 square feet. Y. A drip system shall extend no more than any two sides of any building north/east, and south/west, by exposure}. Z. All drip systems shall have abrass/bronze line-sized basket strainer placed at the point of connection. AA. Systems shall be scheduled so that the irrigation precipitation rate does not exceed the infiltration rate of the soil. BB. A baseline irrigation schedule shall be provided on the plans for the six-month initial plant establishment period. The contractor shall adjust the schedule to meet site specific requirements and use the baseline schedule to set the weatherbased controller. The schedule currently in effect shall be posted in the controller. CC. A second baseline irrigation schedule shall be provided on the plans which incorporate the specific water needs of the plants throughout the post-establishment calendar year. The contractor shall adjust the schedule to meet site specific requirements and use the baseline schedule to set the weatherbased controller. The schedule currently in effect shall be posted in the controller. DD. The irrigation schedules shall include the recommended irrigation days per week, number of cycles per day, minutes of run times per cycle, and estimated amount of applied irrigation water, expressed in gallons per month and gallons per year. EE. The controller shall be operational and set to real-time weather prior to the completion of the 90-day maintenance period of the installing contractor. FF. After establishment of the plant materials, the irrigation of landscaped areas shall be limited to the hours between dusk and early morning in order to provide maximum R:/Ords 2008/Ords 08-07 14 benefit to the plant material and to reduce unnecessary water loss through wind drift and evaporation. Drip irrigation systems are exempt from this provision. 17.32.080 RESIDENTIAL REQUIREMENTS A. Single-Family Residential Requirements. 1. The planting plans shall incorporate the use of compatible species of drought-tolerantlwater-efficient plants to reduce water demand. A variety of plantings and hardscape should be selected and provided appropriately far their intended use. Special attention shall be given to selecting appropriate trees and plants that, at their maturity, will be in scale with the house and yard. Landscaping shall consist of plants found in the City of Temecula Plant List as identified in Appendix B. 2. Landscape designs shall consider such factors as the function of the landscape elements, consistency with the building and its architectural design, compatibility to the area, special design features, berming, use of hardscape or nonorganic materials, and drought-tolerant plant materials for water conservation. 3. Existing mature trees and shrubs that represent the existing significant landscaping elements shall be preserved. 4. Street trees shall be planted along all streets in residential areas. On any street, at least one street tree shall be provided at the front of each residential lot. In the street side yard, slope, and similar areas, at least one street tree per 45 linear feet of street shall also be provided. 5. Front yard landscaping shall be provided in all residential zoning districts. In addition to the street tree requirement, front yard landscaping shall include, at a minimum, one 15-gallon size tree per lot, one 5-gallon size tree per lot, and a variety of drought tolerant shrubs and ground-cover. Shrubs shall be a minimum five gallons at the time of planting. Turf areas shall be used sparingly in response to functional needs only and shall be in compliance with the Water Budget Formula {Appendix A}. 6. Slope banks five feet ar greater in vertical height with slopes between 5:1 and 2:1 shall, at a minimum, be irrigated and landscaped with a combination of appropriate shrubs, vegetative ground cover, and mulch that will absorb rainwater and reduce runoff for erosion control. If drip irrigation is used on slopes, a fertilizer injector system shall also be used. a. Slope banks five feet or greater in vertical height with slopes greater than or equal to 3:1 shall, at a minimum, be landscaped to soften their appearance as follows: R:/Ords 2008/Ords 08-07 15 i. One 15-gallon or larger tree per each 600 square feet of slope area; ii. One gallon or larger shrub for each 100 square feet of slope area: and iii. Appropriate vegetative ground cover or mulch. iv. In addition to the above requirements, slope banks in excess of eight feet in vertical height with slopes greater or equal to 2:1 shall also provide one 5-gallon or larger tree per each 1,000 square feet of slope area. 7. All trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. 8. Trees and shrubs shall be planted in a manner that at maturity they do not interfere with utility lines, sight lines for traffic safety, encroach an adjacent property, or create barriers to the solar access rights of adjoining property owners. 9. The project applicant shall provide home buyers with educational information regarding the design, installation and maintenance of water efficient landscape and irrigation landscapes as approved by the Director of Planning or water purveyor, upon the sale of each dwelling unit within the project. The plans shall include a key identifying the common names of the plants used in the landscaping. B. Residential Model Homes Requirements. 1. All model homes in residential subdivisions shall comply with provisions of this chapter. 2. The project applicant shall distribute outdoor water conservation pamphlets provided by local water purveyors, if available, to buyers upon the sale of each dwelling unit within the development. 3. A sign shall be displayed in the front yard of each model home which is clearly visible to home buyers. The sign shall indicate that the model home features water efficient landscape, hydrozones, and irrigation equipment which contributes to overall water efficiency. C. Multi-Family Residential Requirements 1. The planting plans shall incorporate the use of compatible species of drought-tolerant/water efficient plants to reduce water demand. A variety of plantings and hardscape should be selected and provided appropriately far their intended use. Special attention shall be given to selecting appropriate trees and R:/Ords 2008/Ords 08-07 16 plants that, at their maturity, will be in scale with the house and yard. Landscaping shall consist of plants found in the City of Temecula Plant List (Appendix B}. 2. Landscape designs shall consider such factors as the function of the landscape elements, consistency with the building and its architectural design, compatibility to the area, special design features, berming, use of hardscape or nonorganic materials, and drought-tolerant plant materials for water conservation. 3. Ta the extent feasible, existing mature trees and shrubs that represent the existing significant landscaping elements shall be preserved. 4. Parking areas shall comply with the standards as set forth by Chapter 17.24 of the Development Code. 5. All setback areas shall be landscaped, including interior courts, open space areas, and boundary areas that are not covered with buildings, pavement, or other hardscape surface. 6. Turf areas shall be used for functional needs only and shall be in compliance with the Water Budget Formula {Appendix A}. 17.32.090 CCIMMERCIALIUFFICEIINDUSTRIAL!PUBLIC INSTITUTIONAL REQUIREMENTS A. The planting plans shall incorporate the use of drought-tolerant/water efficient plants to reduce water demand. A variety of plantings and hardscape should be selected and provided appropriately for their intended use. Special attention shall be given to selecting appropriate trees and plants that, at their maturity, will be in scale with the house and yard. Landscaping shall consist of plants found in the City of Temecula Plant List as identified in Appendix B. B. Landscape designs shall consider such factors as the function of the landscape elements, consistency with the building and its architectural design, compatibility to the area, special design features, berming, use of hardscape ar nonorganic materials, and drought-tolerant plant materials for water conservation. C. To the extent feasible, existing mature trees and shrubs that represent the existing significant landscaping elements shall be preserved. D. All development projects shall also comply with the City of Temecula Citywide Design Guidelines. E. Street trees shall be planted at a minimum of one tree per 30 linear feet of street frontage. Trees shall be a minimum 15-gallon size at the time of planting. Shrubs shall be a minimum of five gallons at the time of planting. R:/Ords 2008/Ords 08-07 17 F. Setback areas that are not used for vehicular and pedestrian access shall be landscaped. In addition, all interior courts open space areas and boundary areas that are not covered with buildings, pavement, or other hardscape surface shall be landscaped. G. Landscape designs shall consider such factors as the function of the landscape elements, consistency with the building and its architectural design, compatibility to the area, special design features, berming, use of hardscape or nonorganic materials, drought-tolerant plant materials for water conservation, and utilize planting {i.e., combination of shrubs, trees and climbing vines) to break up large building masses and perimeter walls and fencing. H. The use ar cambination of berming, landscape materials, low level walls and structures, shall be used to screen parking areas, loading areas, trash enclosures, and utilities from public view. I. Parking areas shall comply with the standards as set forth by Chapter 17.24 of the Temecula Municipal Code. J. Slope banks five feet or greater in vertical height with slopes between 5:1 and 2:1 shall, at a minimum, be irrigated and landscaped with a cambination of appropriate shrubs, vegetative ground cover, and mulch that will absorb rainwater and reduce runoff for erosion control. All trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. If drip irrigation is used on slopes, a fertilizer injector system shall also be used. 1. Slope banks five feet or greater in vertical height with slopes greater than or equal to 3:1 shall, at a minimum, be irrigated and landscaped with a combination of appropriate shrubs, vegetative ground cover, and/or mulch that will absorb rainwater and reduce runoff for erosion control, and to soften their appearance as follows: a. One 15-gallon or larger tree per each 600 square feet of slope area; b. One gallon ar larger shrub for each 100 square feet of slope area; and c. Appropriate vegetative ground cover or mulch that will absorb rainwater and reduce runoff. 2. In addition to the requirements above, slope banks in excess of ten feet in vertical height with slopes greater or equal to 2:1 shall also provide on five-gallon or larger tree per each 1,000 square feet of slope area. K. Where trees are planted in pedestrian areas, a protective tree grate shall be provided. R:/Ords 2008/Ords 08-07 18 L. Trees and shrubs shall be planted so that they do not interfere with utilities, light standards, sight lines for traffic safety, encroach on adjacent property, or obstruct to the solar access rights of adjoining property owners. 17.32.100 OPEN SPACEIRECREATIONICONSERVATION ZONING DISTRICTS REQUIREMENTS A. A minimum of 80 percent of the net lot area shall be open space and unencumbered with buildings. Open space may include walkways and recreation areas. B. A minimum of 50 percent of the net lot area shall be covered with adrought- tolerant landscaping. C. A minimum of ane drought tolerant shade tree shall be provided for every 1,000 square feet of net area. D. Turf areas shall be used for functional needs only and shall be in compliance with the Water Budget Formula {Appendix A}. E. Any remaining areas which are not otherwise landscaped or surfaced for a specific recreational activity shall be covered with drought-resistant vegetation, decorative hardscape. F. Pervious hardscape shall be used where feasible. G. Vehicular access ways shall be paved. 17.32.110 MAINTENANCE REQUIREMENTS A. Landscapes shall be maintained to ensure water efficiency. Landscape maintenance shall include, but not be limited to, checking, adjusting and repairing irrigation equipment, resetting irrigation controllers, aerating and dethatching turf areas, replenishing mulch, fertilizing, pruning, weeding, clearing of debris, monitoring for pests and disease, the removal and timely replacement of dead plants, and repair and timely replacement integrated architectural features. B. A 90-day maintenance period is required of the installing contractor immediately following approval of the final landscape inspection. C. An annual landscape maintenance schedule shall be prepared and provided to the property owner. The maintenance schedule shall identify plant types {turf, shrubs, groundcover, trees, etc.}, mulch and/or inorganic ground cover, and shall indicate the frequency of pruning and fertilizer applications by plant type and the replenishment of mulch. D. Repair of irrigation equipment shall be done with originally specified materials or their equivalent. R:/Ords 2008/Ords 08-07 19 E. Landscape areas with separate landscape water meters shall be subject to a landscape audit. The landscape audit shall include inspection of plant materials and irrigation systems in accordance with the State of California Landscape Water Management Program as described in the Landscape Irrigation Auditors Handbook, the entire document, which is hereby incorporated by reference. F. Landscape audits will be coordinated with the water purveyor and shall be conducted every five years by a certified Landscape Irrigation Auditor, or as requested by the Planning Director." Section 5. Section 17.06.060 (Landscape Standards} of Chapter 17.06 (Residential Districts} is hereby repealed in its entirety. Section 6. Anew Section 17.06.060 entitled Landscape Standards is hereby added to Chapter 17.06 of Title 17 {Zoning} of the Temecula Municipal Code to read as follows: "17.06.060 LANDSCAPE STANDARDS. A. Development plans for projects within the residential zoning districts shall include landscape and irrigation plans. All landscape areas shall be consistent with the city's adopted Water Efficient Landscape Design Ordinance as established in Chapter 17.32 of the Temecula Municipal Code." Section 7. Section 17.08.060 {Landscape Requirements and Standards) of Chapter 17.08 {Commercial/Office/Industrial Districts} is hereby repealed in its entirety. Section 8. Anew Section 17.08.060 entitled Landscape Requirements and Standards is hereby added to Chapter 17.08 of Title 17 {Zoning} of the Temecula Municipal Code to read as follows: "17.08.060 LANDSCAPE REQUIREMENTS AND STANDARDS. A. Development plans far projects within commercial, office, business park, and industrial zoning districts shall include landscape and irrigation plans. All landscape areas shall be consistent with the City's adopted Water Efficient Landscape Design Ordinance as established in Chapter 17.32 of the Temecula Municipal Code." Section 9. Amend Section 17.10.020 as follows: A. Add "system consistent with the City's adopted Water Efficient Landscape Design Ordinance." to the end of paragraph 17.10.020.D.1.a. B. Amend Subsection 17.10.020.D.1.b. to read as follows: "b. Street frontages. All portions of the property which have street frontage shall meet one of the fallowing criteria: R:/Ords 2008/Ords 08-07 20 i. A minimum of 12 of landscaping shall be provided, measured from the rear of the sidewalk to the display area length and shall be surrounded by drought tolerant low growing shrubs and groundcaver; or ii. A minimum of 20 of landscaping shall be provided, measured from the rear of the sidewalk to the display area, with display area allowed to encroach into eight feet of the landscape area. (A) Display areas shall be of pervious hardscape, a maximum of 20 feet in length and shall be surrounded by drought tolerant low growing shrubs and groundcover. (B) The number of display areas allowed shall be calculated in the following manner: three display spaces per 100 linear feet of street frontage. Fractional spaces {0.5 and over) shall be rounded up. (C) No display area shall be located immediately adjacent to another display area. Landscaping shall be provided between display areas." Section 10. Section 17.12.060 {Landscape Requirements and Standards) of Chapter 17.12 {Publicllnstitutional Districts} is hereby repealed in its entirety. Section 11. Anew Section 17.12.060 entitled Landscape Requirements and Standards is hereby added to Chapter 17.12 of Title 17 {Zoning} of the Temecula Municipal Code to read as follows: "17.12.060 LANDSCAPE REQUIREMENTS AND STANDARDS. Development plans for projects within public/institutional zoning districts shall include landscape and irrigation plans. All landscape areas shall be consistent with the City's adopted Water Efficient Landscape Design Ordinance as established in Chapter 17.32 of the Temecula Municipal Code." Section 12. Chapter 17.14 is herby amended by deleting Section 17.14.050.8 and replacing it with the following: "B. Minimum Open Space and Landscaping. Open space and landscaping for the PR, OS, and OS-C zoning districts shall be as indicated on Table 17.14.040. In addition, development plans for projects within open space, recreation and conservation zoning districts shall include landscape and irrigation plans. All landscape areas shall be consistent with the City's adopted Water Efficient Landscape Design Ordinance as established in Chapter 17.32 of the Temecula Municipal Code." R:/Ords 2008/Ords 08-07 21 Section 13. Subsection 17.24.050.H is hereby amended to read as follows: "H. Landscaping. All landscape areas shall include tree, shrub and groundcover plantings. All landscape areas shall be consistent with the City's adopted water efficient landscape ordinance as listed in Chapter 17.32 of the Temecula Municipal Code. The following landscape provisions shall apply to all unenclosed parking facilities. 1. The planting plans shall incorporate the use of drought tolerant plants to reduce water demand. A variety of plantings and hardscape should be selected and provided appropriately for their intended use. A minimum of five feet of landscaped area shall be maintained along the perimeter of a parking area. 2. Wherever a screen wall is provided and is set back from the lot line, the open area between the wall and the lot line shall be landscaped with an appropriate material which shall be continuously maintained. 3. A minimum of one tree per four parking spaces shall be provided. Each tree shall be at least a 15-gallon container and shall be of a species that provides a broad canopy. The trees may be clustered, but a minimum of one cluster per ten parking spaces shall be provided. 4. The interior of all parking lots shall include landscaped planters. These planters shall have an inside dimension width of five feet and shall have a length equal to the length of the adjoining parking spaces. These planters shall be placed at both ends of each row of parking spaces. Planter areas shall contain at least one tree and a combination of appropriate shrubs and groundcover or mulch or both. There shall be an additional landscaped planter area adjoining each tenth parking space, except that when there are more than 14 and less than 20 spaces, one additional planter shall be centered in the raw. 5. In parking areas where mare than four parking bays exist without a circulation aisle, one bay shall include a continuous planting strip measuring five feet in width, minimum inside dimension. 6. All landscaping shall be maintained and shall be irrigated consistent with the City's adapted Water Efficient Landscape Design Ordinance." Section 14. Amend Subsection 17.40.150.A by amending the first sentence of the paragraph to read, "If a telecommunication facility requires the installation of landscaping for screening or erosion control, a landscape plan shall be submitted and shall be consistent with the City's adopted Water Efficient Landscape Design ordinance." R:/Ords 2008/Ords 08-07 22 Section 15. Amend Subsection 17.40.150.E by amending the sentence to read, "Any existing trees or significant vegetation, on the facilities site ar along the affected access area that die shall be replaced with a size and species acceptable to the planning director; and" Section 16. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Temecula hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or mare other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 17. Notice of Adoption. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance including Appendices A and B and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12t" day of August, 2008. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:/Ords 2008/Ords 08-07 23 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the faregaing Ordinance No. 08-07 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 22"d day of July, 2008, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of August, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk R:/Ords 2008/Ords 08-07 24 INSTRUCTIONS FOR COMPLETING WATER BUDGET FORMULA Allowable Water Allawance {MAWA} STEA 1. Calculate the total square footage of the landscape area and insert that number into Space A {Round the number to the nearest hundred}. STEP 2. Insert the Reference Evapotranspiration (ETo} in Space B from Chart 1. STEP 3. Multiply A x .62 x B x .8, put the answer in Space C and divide by 748. This gives the MAWA in hundreds of cubic feet {ccf} {Space D}. 2. To Find Estimate Annual Water Use {EAWU} for each hydrozone STEP 1. Find plant factor (Chart 2) for the hydrozone, using the highest plant factor per hydrozone. I€ a medium plant factor and a low plant factor are in fhe same hydrozone, the factor is medium. Place that number in Space E. STEP 2. Calculate the square footage for the hydrozone (round to the nearest hundred) and put the number in Space F. Next, insert the hydrozone irrigation efficiency factor f1F) from Chart 3 into Soace G. STEP 3. Multiply ETo {Chart 1) x E x F x 0.62, then divide the number by {G x 748). This gives the EAWU number for Space H. STEP 4. Repeat steps 1 - 3 for each hydrozone. STEP 5. Add up the EAWU (Space H}for each hydrozone to calculate To#al EAWU (Space 1}. Allowance STEP 1. To calculate the Total Water Allowance (Space J), Subtrack the Total EAWU (Space I}from MAWA (Space D} CIMIS Station Location ETo 62 Temecula .66.14 130 Temecula East 49.54 r:harf ~ Plant Cate o Plant Factor Hi h 0.8 Medium 0.5 Low 0.2 Ve Low O. t Chart 'i A lication Method IE Factor Dri 0.9 Bubblers 0.85 MP Rotors 0.75 Rotors 0.75 Micros ra s 0.7 S ra Heads 0.6 Maximum Allowable Water Allowance (MAWA] MAWA= Ax 0.62xBx0.801748 Input the total squar footage of landscape = A x 4.fi2 Input the Historical ETo for the area = t3 x 0.80 MAWA = C gallyr / 748 MAWA = D ccf Estimated Annual Water Else (EAWU} EAWU= EToxExFx0.621(Gx748) Hydrozone #1 Input Plant Factor = E Input square footage of . F hydrozone = x 0.62 input nydrozone irnganon Hydrozone #1I EAWU = H Add eachhydrazone H+H+H+H+H=i Total EAWU Total WaterAflowance MAWA -EAWU = ~cc€lyr (this number must be positive} ETo Appendix A City of Temecula Water Budget Formula VN4RKSHEET - {Insert Project Name) (Far projects with more than 9 hydrozone) '1 Maximum Annual Water Allowance {MAWA} INPUT the total square footage of landscape= (} S.F. INPUT the Hist. ETo far-the area = MAWA = t] ccf / yr 2 Estimated Annual Water Use {EAWU} Hydrozone # 7 INPUT Plant Factor = O.g (turf) INPUT square footage of hydrozone = 0 INPUT hydrozone irrigation efficiency = 0 EAWU = ccf t yr Hydrozone # 2 INPUT Plant Factor = Q.8 (Nigh) INPUT square footage of hydrozone = Q INPUT hydrozone irrigation efficiency = Q EAW U = ccf / yr Hydrozone # 3 INPUT Plant Factor = t).~ (Med} INPUT square footage of hydrozone = p INPUT hydrozone irrigation efficiency = 0 EAW U = ccf / yr Hydrozone # 4 INPUT Plant Factor = 0.2 (Low) INPUT square footage of hydrozone = ~~ 0 INPUT hydrozone irrigation efficiency = p - EAW U = ccf I yr Hydrozone # ~ INPUT Plant Factor = 0.1 (Very Low) INPUT square footage of hydrozone = 0 INPUT hydrozone irrigation efficiency = p EAW U = ccf / yr Total .EAW U = ccf 1 yr MAWA -EAWU = 0 ccf / yr (this number must be positive) APPENDIX 6, City of Temecula Development Code, 17.32, PLANT LIST, {by water use Type) Height Spread Riv.Co. Botanical name Common name Type Kc Kc Feef Feef Native Comments Arctastaphylas emerald carpet - GC 0.2 L 1 5 Acacia redolens prostrate acacia GC 0.2 L 2 12 Baccharis pilularis cvs. dwarf coyote brush GC 0.2 L 2 8 Baccharis 'Centennial' bentennial baccharis GC 0.2 L 2 5 Lantana montevidensis Lantana GC 0.2 L 1 5 Maleophora crocea ice plant {Maleophora} GC 0.2 L 0.5 2 Myoporum parvifolium myoprum GC 0.2 L 0.5 8 Rosemarinus 'Prostratus' trailing rosemary GC 0.2 L 2 6 Teucrium chamaedrys germander GC 0.2 L 1 2 Abelia grandiflora prostrata prostrate glossy abelia GC 0.5 M 2 3 Arctotheca calendu[a cape weed GC 0.5 M 1 5 Berberis spp. barberry GC 0.5 M 1 8 Cerastium tomentosum snow in summer GC 0.5 M 0.5 3 Ceratostigma pumbaginoides dwarf plumbago GC 0.5 M 1 4 Cotoneaster spp.{ground covers} cotoneaster GC 0.5 M 1 5 Fragaria chiloensis wild strawberry GC 0.5 M 0.5 1 Gazania spp. gazania GC 0.5 M 0.5 2 Geranium incanum cranesbill GC 0.5 M 0.5 2 Hypericum calycinum Aaron's beard GC 0.5 M 1 3 Juniperus conferta share juniper GC 0.5 M 1 6 Lirope spicata creeping lily turf GC 0.5 M 1 3 Lotus corniculatus birdsfoat trefoil GC 0.5 M 1 3 Mahonia repens creeping mahonia GC 0.5 M 2 3 Muehlenbeckia axiliaris creepng wire vine GC 0.5 M 1 3 Myoporum X'Pacificum' Pacifica saltbush GC 0.5 M 2 15 Myoporum'South Coast' south coast myoprum GC 0.5 M 2 10 Parthenoc':ssus quinquefolia Virginia creeper GC 0.5 M 1 5 Pelargonium peltatum ivy geranium GC 0.5 M 2 4 Potentiiia verna spring cinquefoil GC 0.5 M 1 3 Senecio mandraliscae kleinia GC 0.5 M 1 3 Thymus pseudolanuginosus wolly thyme GC 0.5 M 1 1 Thymus serphyllum creeping thyme GC 0.5 M 1 1 Trachelosperrnum asiaticum Asian s#arjasmine GC 0.5 M 1 3 Trifolium fragiferum O'Connor O'Connar's legume GC D.5 M 1 6 Verbena rigida vervian GC 0.5 M 1 4 Zoyzia tenuifolia Mascarene grass GC 0.5 M 0.5 2 Ophiopogan japonicum mondo grass GC 6.8 H 1 1 Lotus scoparius deer weed P 0.1 VL 2 2 Molina parryi bear grass P 0.1 VL 6 3 Achilles millefolium common yarrow P 0.2 L 3 3 Achilles tomenfosa woolly yarrow P 0.2 L 0.5 3 Artemisia absinthium wormwood P 0.2 L 3 3 Baileys multiradiata desert marigold P 0.2 L 1 1.5 Coreopsis auriculata'Nana' dwarf coreapsis P 0.2 L 0.5 2 Coreopsis lanceolata Coreopsis P ~ 0.2 L 1.5 2 Deschampsia caespitasa tufted hairgrass P 0.2 L 1.5 1 Dymandia margaretae dymondia P 0.2 L 0.5 2 E[ymus spp. wild rye P 0.2 L 2 2 Encelia califomica Califomia encelia P 0.2 L 4 4 Epilobium spp.(Zauchneria} Califomia fuchsia P 0.2 L 3 3 Kniphofia uvaria red hot poker P 0.2 L 2 3 Narcissus spp. daffodil P 0.2 L 2 1 Pennisetum alopecuroides Chinese Pennisetum P D.2~ L 3 3 Pennisetum setaceum'Cupreum' purple fountain grass P 0.2 L 4 4 Stipa pulchra feather grass P 0.2 L 1.5 1.5 5tipa tenuissima feather grass P 0.2 L 1.5 1.5 Agapanthus africanus lily-of-the-Wile P 0.5 M 1.5 1.5 Anigozanthos flavidus kangaroo paw P 0.5 M 2 2 Armeria maritima sea pink P 0.5 M 0.5 1 Asparagus spp: ornamental asparagus P 0.5 IU> 1 3 . X X APPENDIX B, City of Temecula Development Code, 17.32, PLANT LIST, (by water use type) Height Spread Riv.Co. Botanical name Common name Type Kc Kc Feet. Feet Native Comments Calamagrostis spp. ~ feather reed P 0.5 M 2 2 Carex comans sedge P 0.5 M 1 3 Centaurea cineraria dusty miller (cineraria} P 0.5 M 2 2 Chrysanthemum superbum Shasta daisy P 0.5 M 2 2 Cuphea ignea cigar plant P 0.5 M 1 1 Delphinium elatum candle larkspur P 0.5 M 3 2 Dietes bicolor fortnight lily P 0.5 M 3 3 Dietes iridiodes fortnight lily P D.5 M 3 3 Digitalis purpurea foxglove P 0.5 M 4 2 Erigeron karvinskianus fleabane P 0.5 M 1.5 3 Erodium chamaedryoides cranesbill P 6.5 M 0.5 1 Erysimium linifolium wallflower P 0.5 M 2 2 Festuca califamica Califomia fescue P 0.5 M 0.5 1 Festuca ovina glauca blue fescue P 0.5 M 0.5 1. Laura lindheimer gaura P 0.5 M 3 3 Geranium sanguinium cranesbill P 0.5 M 1 2 Helictotrichon sempervirens blue oat grass P 0.5 M 2 2 Hemerocallis spp. day lily P 0.5 M 1 2 Heuchera sanguinea coral beEEs P 0.5 M 1 2 Imperata cylindrica'Rubra' Japanese blood grass P 0.5 M 1 2 Iris spp. Douglas iris hybrids P 0.5 M 2 1 1_itlium asiatic asian lily P 0.5 M 2 1 Linaria purpurea toadflax P 0.5 M 1.5 1 Lirope muscari big blue lily turf P 0.5 M 1 1.5 Miscanthus sinensis eulaiia grass P 0.5 M 5 5 Muhlenbergia dumosa bamboo muhly P 0.5 M 3 3 Muhlenbergia ripens deer grass P 0.5 M 3 3 X Nepeta X faassenii catmint P 0.5 M 2 2 Penstemon heterophyllus penstemon P 0.5 M 1 2 X Stachys bysantina Iamb's ears P 0.5 M 1.5 1.5 Tulbaghia fragrans sweet garlic P 0.5 M 1 1 Tulbaghia violacea society garlic P 0.5 M 1 1 Zantedeschja aethiopica common calla P 0.5 M 2 1 13ergenia crassifolia winter blooming bergenia P 0.8 H 2 2 Equisetum spp. horsetail P 0.8 H 4 2 Contain roots Adenostoma fasciculatum chamise S 4.1 VL 10 10 X Adenostoma sparsifolium red shankslribbonwood S 0.1 VL 10 10 X Calliandra eriophylla fairy duster S 0.1 VL 3 4 Cercocarpus minutiflorus San Diego mountain mahogany S 0.1 VL 6 10 X Fallugia paradoxa Apache plume S 0.1 VL 6 4 Lobelia laxiflora Mexican bush lobelia S 0.1 VL 2 2 Salvia apiana white sage S 0.1 VL 4 4 X Simmondsia chinensis jojoba S 0.1 VL 6 6 X Agave americana century plant S 0.2 L 5 5 Arctostaphy[os cultivars manzanita cultivars S 0.2 L Varies Varies Arctostaphytos spp. manzanita S 0.2 L Varies Varies X Baccharis pilularis consan. coyote brush S 0.2 L 10 6 X Baccharis sarothroides desert broom S 0.2 L 10 6 X Buddleia marrubiifolia woolly butterfly bush S 0.2 L 5 5 Caesalpinea gilliesii desert bird of paradise S 0.2 L 10 i 0 Caesalpinea mexicana Mexican bird of paradise S 0.2 L $ 6 Callistemon citrinus bottle brush S 0.2 L 12 10 Canvolvulus cneorum bush morning glory S 0.2 L 3 3 Senna artemisioides feathery cassia S 0.2 L 5 5 Senna eremophila Beset cassia S 0.2 L 5 5 Ceanathus spp. California lilac S 0.2 L Varies Varies X Ceanathus cultivars ceanothus S 0.2 L Varies Varies Cereus peruvianus Penuvian apple cactus S 0.2 L 25 6 Cistus spp. rockrose S 0.2 L Varies Varies Comarostaphylis diversifolia summer holly S 0.2 L 10 10 X Convotvulus cneorum bush morning glory S 0.2 L 3 3 APPENDIX B, City of Temecula Development Code, 17.32, PLANT LIST, (by water use type) Height Spread Riv.Co. Botanical name Common name Type Kc Kc Feet Feet Native Comments Dales bicolor dales {bicolor) S 0.2 L 3 3 Dasylirion spp. desert spoon S 0.2 L 3 3 Dendromecon spp. bush poppy S 0.2 L 15 15 Echium fasfuosum pride of madeira S 0.2 L 5 5 Elaeagnus pungens silverberry S 0.2 L 12 12 Encelia farinosa brittle bush S 0.2 L 5 5 X Eriagonum spp. buckwheat S 0.2 L 3 4 X Euphorbia rigida euphorbia (rigida) S 0.2 L 2 3 Euryops pectinatus euryopslshrub daisy S 0.2 L 5 3 Forestiera neomexicana desert olive S 0.2 L 6 6 Fouquieria splendens ocotillo S 0.2 L 15 5 X Fremontodendron spp. flannel bush S 0.2 L 15 12 X Galvesia speciasa island bush snapdragon S 0.2 L 2 Q X Grevillea spp. grevillea S 0.2 L 4 4 Mesperaloe parviflora red/yelow yucca S 0.2 L 3 3 He#eromeles arbutifolia toyon 5 0.2 L 8 8 Ilex vomitoria yaupon S 0.2 L 6 6 Keckiella antirhinnoides yellow penstemman S 0.2 L 6 8 X Keckiella cardifolia heart-leaved penstemmon S 0.2 L 5 8 X Lantana tomato lantana S 0.2 L 3 5 Larrea tridentata creosote bush S 0.2 L 4 4 Lavandula spp. lavender S 0.2 L 3 3 Lavatera bicolor tree mallow S 0.2 L 6 4 Leptospermum scoparium New Zealand tea tree S 0.2 L 6 6 Leucophyllum frutescens Texas ranger S 0.2 L 6 6 Mahonia nevinii Nevin mahonia S 0.2 L 4 6 Malosma laurina {Rhus iaurina} laurel sumac S 0.2 L 8 8 Nerium oleander oleander S 0.2 L i0 10 Rhamnus califomica coffeeberry S 0.2 L 10 10 X Rhamnus crocea redberry S 0.2 L 3 5 X Rhus ousts sugar bush S 0.2 L 8 8 X Rosmarinus afffcinalis rosemary S 0.2 L 5 5 Ruellia brittoniana mexican ruellia S 0.2 L 3 2 Contain roots Salvia chamaedroides blue sage S 0.2 L 1 4 X Salvia clevelandii Cleveland sage S 0.2 L 4 4 Salvia gregii autumn sage S 0.2 L 4 4 Salvia ieucantha Mexican bush sage S 0.2 L 4 4 Salvia leucophylla purple sage S 0.2 L 4 4 Santolina spp. lavender cotton S 0.2 L 2 2 Sonya heterophylla Australian bluebell creeper S 0.2 L 2 4 Teucrium fruticans bush germander S 0.2 L 5 5 Trichostema lanatum woolly blue curls S 0.2 L 4 4 X Westringia fruticosa coast rosemary S 0.2 L 5 5 Yucca fllamentosa Adam's needle S 0.2 L 2 5 Yucca whipplei. our Lord's candle S 0.2 L 3 3 X Abelia'Edward toucher' pink abelia S 0.5 M 4 4 Abelia X grandiflora glassy abelia S 0.5 M 5 5 Abelia'Sherwoodii' Shenrrood dwarf abelia S 0.5 M 3 4 Aspidistra elatior cast iron plant S 0.5 M 2 2 Buddleia davidii butterfly bush S 0.5 M 6 6 Buxus ~microphylla japonica Japanese boxwood S 0.5 M 4 4 Caesalpinea pulcherrima dwarf poinciana S 0.5 M 10 14 Ca[listemon viminalis weeping bottle brush 5 0.5 M 20 15 Chamelaucium uncinatum Geraldton wax flower S 0.5 M 6 6 Clivia miniata Kafir Lily S 0.5 M 2 2 Gocculus laurifolius laurel leaf cocculus S 0.5 M 25 25 Coprosma kirkii creeping Coprosma ~ S 0.5 M 2 3 Rabbit prdne Coprosma repens mirror plant S 0.5 M 10 6 Cordyline australis cordyiine S 0.5 M 20 6 Cotaneaster spp. (shrubs) cotoneaster S 0.5 M Varies Varies Cycas revoluta sago palm S 0.5 M 4 4 APPENDIX B, Cify of Temecula Development Code, 17.32, PLANT LIST, (by water use type) Height Botanical name Common name Type Kc Kc Feet Dodonaea viscosa hopseed bush 5 0.5 M 12 Dodonaea viscosa'Purpurea' purple hopseed bush S 0.5 M 12 Escallonia spp. escallonia S 0.5 M Varies Euonymus japonicus evergreen euonymus S 0.5 M Varies Euryops pectinatus viridis green euryops S 0.5 M 5 Feijoa sellowiana pineapple guava S 0.5 M 10 Felicia amelloides blue marguerite S 0.5 M 1.5 Felicia fruticosa shrub aster S 0.5 M 2 Gardenia veitchii gardenia S 0.5 M 3 Garrya eliptica coast silktassel S ~ 0.5 M 20 Grewia occidentalis lavender star flower S 0.5 M 6 Hebe spp. hebe S 0.5 M 3 Hibiscus syriacus rose of shoran S 0.5 M 10 Hypericum 'Hidecote' St.Johnswort S 0.5 M 4 Ilex X altaclarensis'Wilsanii' Wilson holly 5 0.5 M 8 llex aquifolium English holly S 0.5 M 20 llex cornuta 'Burfordii' Burford holly S 0.5 M 10 Ilex dimorphophilla Okinawan holly S 0.5 M 3 Jasminum humile Italian jasmine S 0.5 M 10 Jassminum mesnyi primrose jasmine S 0.5 M 8 Juncus patens California grayrush S 0.5 M 2 Juniperus spp. ~ juniper S 0.5 M Varies Ligus#rum japonicum Japanese privet S 0.5 M 10 Mahonia aquifolium Oregon grape S 0.5 M {i Mahonia bealei leatherleaf mahonia S 0.5 M 8 Mahonia 'Golden Abundance' golden abundance mahonia S 0.5 M 6 Mahonia iamariifolia Chinese holly grape S 0.5 M 8 Murraya paniculata orange jessamine S 4.5 M 10 Myrtus communis true myr#le S 0.5 M 5 Nandina domestica heavenly bamboo S 0.5 M 5 Nandina domestica 'Purpurea' heavenly bamboo 5 b.5 M 1.5 Osmanthus fragrans sweet olive S 0.5 M 10 Peroyskia spp. Russian sage S 0.5 M 3 Phormium hybrids flax S 0.5 M 4 Phormium tenax New Zealand flax S 0.5 M 5 Photinia X fraseri Fraser photinia S 0.5 M 10 Photinia serruiata .Chinese photinia S 0.5 M 10 Piitosporum fobira mock orange S 0.5 M 8 Pitt. tobira'Wheelers Dwarf' dwarf pittosporum S 0.5 M 2 Plumbago auriculata cape plumbago S 0.5 M fi Punica granatum 'nano' dwarf pomegranate S 0.5 M 3 Pyracantha spp. firethorn S 0.5 M Varies Rhamnus alafernus Italian buckthorn S D.5 M 12 Rhaphiolepis spp. {radian hawthorne S 0.5 M 4 Rhaphialepis'Majestic Beauty' majestic beauty S 0.5 M 12 Rosa 'Cecil Brunner' Cecile Bnunner rose S 0.5 M fi Rosa hybrids bush rose S 0.5 M Varies Spiraea japonica spiraea S 0.5 M 4 Tecomaria capens_is cape honeysuckle S 0.5 M 6 Thymus vulgaris common thyme S 0.5 M 1 Trachelospermum jasminaides star jasmine 5 0.5 M 1.5 Veronica spp. veronica S 0.5 M 1.5 Viburnum japonicum Japanese viburnum S 0.5 M 10 Viburnum rhytidophyllum leatherleaf vibumum S 0.5 M 8 Viburnum suspensum sadanqua vibumum S 0.5 M 8 Viburnum tinus laurustinus S 0.5 M S Xylosma congestum shiny xyiasma S 0.5 M 8 Prunus ilicifolia holly leaf cherry T 0.1 VL 40 Quercus dumosa ~ California scrub oak T 0.1 VL 40 Quercus wislizeni interior live oak T 0.1 VL 40 Acacia baileyana Bailey acacia T 0.2 L 25 Spread Feet 6 6 Varies varies 5 10 4 3 3 20 6 3 6 4 8 20 10 3 10 8 2 Varies 10 6 8 4 4 10 4 3 1 10 3 3 4 1 ii 10 8 2 8 3 Varies 12 4 4 6 varies 4 8 2 5 i.5 10 8 8 8 8 25 40 40 30 Riv.Co. Native Comments APPENDIX B, City of Temecula Development Code, 17.32, PLANT LIST, (by water use type) Height Spread Riv.Co. Botanical name Common name Type Kc Kc Feet Feet Native Comments Acacia cultriforrnis knife acacia T 0.2 L 12 12 Acacia dealbata silver waftle T 0.2 L 40 30 Acacia smallii desert sweet acacia T 0.2 L 30 20 Acacia stenophyla shoestring acacia T 0.2 L 30 20 Arbutus unedo strawberry tree T 0.2 L 20 20 Nolina recurvata bottle palm T 0.2 L 6 $ 8rachychiton populneus bottle free T 0.2 L 40 30 Brahea edulis Guadelupe palm T 0.2 L 30 10 Ceratonia siliqua carob T a.2 L 30 30 Cercidium flaridum blue palo verde T 0.2 L 3D 30 X Cercidium microphyllum little leaf Palo verde T 0.2 L 25 25 X Cercidium praecox Sonoran Palo verde T 0.2 L 25 25 Cercis occidentalis western redbud T 0.2 L 15 15 Chiiopsis linearis desert willow T ~ 0.2 L 25 25 Chitalpa #ashkentensis chitalpa T 0.2 L 25 25 Cupressus arizonica var. glabra smooth Arizona cypress T 0.2 L 40 20 Cupressus sempervirens ftalian cypress T 0.2 L 50 10 Elaeagnus angustifolia Russian olive T 0.2 L 20 20 Eucalyptus camaldulensis red gum T 0.2 L 70 40 Eucalyptus lehmannii bushy gate T 0.2 L 25 25 Gleditsia triacanthos honey locust T 0.2 L 50 30 Laurus nobitis sweet bay T 0.2 L 30 30 Leptospermum laevigatum Australian tea tree T 0.2 L 30 30 Oleo eurapaea olive T 0.2 L 25 25 Parkinsonia aculeata Mexican polo verde T 0.2 L 20 20 X Phoenix eanariensis Canary Island date palm T 0.2 L 50 40 Phoenix dactylifera date palm T 0.2 L 60 40 Pines bru#ia Galabrian pine T 0.2 L 40 40 Pinus eldarica e(darica pine T 0.2 L 40 40 Pinus halepensis Aleppo pine T 0.2 L 40 40 Pinus pines Italian stone pine T 0.2 L 50 40 Pittosporum phillyraeoides willow pittosporum T 0.2 L 20 15 Prunes lyonii Catalina cherry T 0.2 L 40 30 X Quercus agrifolia coast live oak T 0.2 L 40 50 X Quercus chrysolepis canyon live oak T 0.2 L 30 40 X Quercus ilex holly oak T 0.2 L 50 50 Quercus suber cork oak T 0.2 L 50 50 Rhus lances African sumac T 0.2 L 25 25 Robinia X ambigua locust T 0.2 L 40 20 Schinus molle California pepper tree T 0.2 L 35 35 Sophora secundiflara Texas mountain laurel T 0.2 L 25 25 Washingtonia flifera California fan palm T 0.2 L 50 10 X Washingtonia robusta Mexican fan palm T 0.2 L 75 14 Acacia pendula weeping acacia T 0.5 M 25 15 Alhizia;:ulibrissin silk tree T 0.5 M 35 35 Alnus cordata Italian alder T 0.5 M 35 20 Arbutus 'Marina' Marina arbutus T 0.5 M 35 30 Arecastrum romanzoffianum queen palm T 0.5 M 40 10 No# zone 18 Banksia integrifalia tree banksia T 0.5 M 20 i0 Bauhinia variegata ..purple orchid tree T 0.5 M 30 30 8rachychiton acerifalius flame tree T 0.5 M 50 30 8rachychiton discolor Queensland lace bark T 0.5 M 30 30 Cedrus atlantica Atlas cedar . T 0.5 M 50 30 Cedrus deodora deadar cedar T 0.5 M 60 30 Celtis sinensis Chinese hackberry T 0.5 M 4D 40 Cercis canadensis eastern redbud T 0.5 M 30 30 Chamaerops humilis Mediterranean fan palm T 0.5 M 20 15 Chionanthus retusus Chinese fringe tree T 0.5 M 3D 20 Cinnamomum camphors camphor tree T 0.5 M 40 40 Citrus spp. orange, lemon etc., T 0.5 M Variss Varies Not zone 18 Cupaniapsis anacardioides carrotwood T 0.5 M 40 40 APPENDIX B, City of Temecula Development Code, 17.32, PLANT LIST, (by water use type) Height Botanical name Gommon name Type Kc Kc Feet Cypressocyparis leylandii leyland cypress T 0.5 M 20 Eucalyptus citriodora lemon scented gum T 0.5 M 60 Eucalyptus erythrocorys red cap gum T 0.5 M 20 Eucalyptus nicholii peppermint gum T 0.5 M 30 Eucalyptus torqua#a coral gum T 0.5 M 15 Fraxinus oxycarpa 'Raywoodi' raywood ash T 0.5 M 50 Fraxinus velutina Arizona ash T 0.5 M 50 Fraxinus velutina'Modesto' ' Modesto ash T 0.5 M 50 Geijera parviflora Australian willow T 0.5 M 25 Ginkgo biloba maiden hair tree T 0.5 M 60 Junipenus scopuloruni'Tolieson' Tolleson's juniper T 0.5 M 20 Junipenus scopulorum skyrocket juniper T 0.5 M 20 Koelreuteria bipinnata Chinese flame tree T 0.5 M 30 Koelreuteria paniculata golden rain tree T 0.5 M 30 Lagerstroemia indica crape myrtle 7 4.5 M 25 Ligustrum lucidum glossy privet T 4.5 M 35 Liquidambar styraciflua swee# gum T 0.5 M 50 Liriodendron tulipifera tulip tree T 0.5 M 50 Magnolia grandiflora southem magnolia T 0.5 M 60 Magnolia souiangeana saucer magnolia T 0.5 M 20 Magnolia stellata star magnolia T 0.5 M 10 Malus spp. eg.'Prairie Fire' .crabapple T 0.5 M 20 Maytenus boaria mayten tree T 0.5 M 30 Melaleuca styphelioides melaleuca T 0.5 M 30 Pinus canariensis Canary island pine T 0.5 M 60 Pinus torreyana Torrey pine T 0.5 M 40 Pistacia chinensis Chinese pistache T 0.5 M 40 Platanus X acerifolia London plane T 0.5 M 50 Platanus racemosa California sycamore T 4.5 M 60 Podocarpus gracilior fern pine T 0.5 M 40 Podocarpus henkelii long leaf yellow wood T 0.5 M 40 Podocarpus macrophyllus yew pine T 0.5 M 40 Papulus fremontii western poplar T 0.5 M 50 Populus nigra'Ifalica' Lombardy poplar T 0.5 M 50 Prunus caroliniana Carolina laurel cherry T 0.5 M 35 Prunus spp. (ornamental} flowering cherry T 0.5 M 25 Prunus spp. (ornamental) flowering plum T 0.5 M 25 Punica granatum pomegranate T 0.5 M 20 Pyrus calleryana cultivars Gallery pear T 0.5 M 40 Pyrus kawakamii evergreen pear T 0.5 M 40 Quercus lobata valley oak T 0.5 M 60 Quercus virginiana southem live oak T 0.5 M 50 Sapium sebiferum Chinese fallow tree T 0.5 M 35 Tipuana tipu tlpU trEe T 0.5 M 30 Trachycarpus fortunei windmill palm T 0.5 M 30 Tristaniopsis laurina .little leaf myrtle T 0.5 M 15 Ulmus parvifolia Chinese evergreen elm T 0.5 M 40 Vitex agnus-castus chaste tree T 0.5 M 20 Alnus rhombifolia white alder T 0.8 H 40 Betula pendula European white birch T 0.8 H 30 Salix spp. willow T 0.8 H 20 Clematis lasiantha pipestem clemaltis V 0.2 L 1 Lonicera japonica Japanese honeysuckle V 0.2 L 1 Lonicera japonica'Halliana' Hall's honeysuckle V 0.2 L 1 Macfadyena unguis-cati cat's claw V 0.2 L 1 Vitis califomica California wild grape V 0.2 L 1 Ficus pumila creeping fig V 0.5 M 6 Clematis armandii evergreen clemeltis V 0.5 M 15 Clytostoma callistigioides violet trumpet vine V 0.5 M 15 Distictis buccinatoria blood red trumpet vine V 0.5 M 20 , Distictis 'Rivers' royal trumpet vine V 4.5 M 20 Spread Feet 10 30 10 20 1a 30 30 30 20 30 10 3 30 34 20 30 20 30 30 20 20 20 20 20 20 30 40 30 4a 40 20 40 40 15 20 25 25 20 20 40 50 50 35 30 10 8 40 20 20 15 20 10 10 10 10 10 6 5 5 5 5 Riv.Co. Native Comments x X Surface roots Invasive roots APPENDIX B, City of Temecula Development Code, 17.32, PLANT LIST, (by water use type) Height Spread Riv.Co. Botanical name Common name Type Kc Ke Feet Feet Native Comments Lonicera sempervirens trumpet honeysuckle V 0.5 M 20 5 Parthenocissus fricuspidafa Boston ivy V 0.5 M 15 15 .Rasa banksiae lady Banks rose V 0.5 M 15 15 Rosa hybrids..climbing climbing rose V 0.5 M 10 15 Solandra maxima cup of gold vine V 0.5 M 10 10 Solanum jasmincides pota#o vine V 0.5 M . 10 10 Wisteria spp. wisteria V 0.5 M 20 20 Clematis hybrids deciduous clematis V 0.8 H 15 5 LEGEND GC, Ground cover P, Perennial S, Shrub T, Tree V, Vine G Coo! Season Grass W, Warm Season Grass Moveable Tur# Grasses Caol Season Grasses, 80% of Eto Kc, Crap Coefficient Established by WUCOLS* Kc 0.1, Very Low water use Kc 0.2, Low water use Kc 0.5, Medium water use Kc 0.8, High water use, (Not recommended) 'California Department of Water Resources WUCOLS III, August, 2000. Botanical name Common name Type Kc Kc Turf Varieties Comments Agrostis palustris Creeping Bentgrass C H 0.8 Penncrass, A-4 Poa pratensis Kentucky Bluegrass C H 0.8 Rugby, Cobalt Blu-Rye Mix Festuca rubra Red Fescue C H 0.8 Dawson Festuca arundinacea Tall Fescue C H 0.8 Marathon Festuca arundinacea Tall Fescue, Dwarf Varieties C H 0.8 Bonsai, Matador Lolium perenne Perennial Ryegrass C H 0.8 Saturn, Manhaftan Blu-Rye Mix Warm Season Grasses, fi0% of Eto Botanical name Common name Type Kc Kc Turf Varieties Comments Cynodon dactylon Common Bermudagrass . W M 0.5 Safari, Sultan Cynodon species Hybrid Bermudagrass W M 0.5 Santa Ana, TifDwarf, Tifway Buchloe dactyloides Buffalograss W M 0.5 Texoka, Cody Zoysia japonica Zoysia W M 0.5 De Anza, EI Taro Stenotaphrum secundatum St. Augustine. W M 0.5 Sod Only Pennisetum clandestinum Kukuyugrass W M 0.5 AZ1, Whiffet ITEM N~}. 18 ORDINANCE NO. a8-a8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE TEMPORARY USE PERMIT REQUIREMENTS, TO ALLOW MORE FLEXIBILITY IN THE NUMBER OF DAYS PER YEAR FOR OUTDOOR DISPLAY AND SALES, ALLOW SECOND DWELLING UNITS TO BE LOCATED WITHIN THE FRONT YARDS OF L-1, VL, RR, HR RESIDENTIAL ZONING DISTRICTS, ELIMINATE COVERED PARKING REQUIREMENT FOR CONGREGATE CARE FACILITIES, ALLOW FUTURE TENANT IDENTIFICATION SIGNS TO BE PERMITTED UPON ENTITLEMENT, PROVIDE ADDITIONAL STANDARDS FOR DETACHED TEMPORARY BANNER SIGNS, AND MAKE OTHER MINOR CLARIFICATIONS OR TYPOGRAPHICAL CORRECTIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The proposed amendments to Title 17 of the Temecula Municipal Code were processed and an environmental review was conducted as required by the California Environmental Quality Act. B. The Planning Commission of the City of Temecula held a duly noticed public hearing on June 18, 2008, to consider the proposed amendments at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to the matter. C. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed amendments, the Planning Commission adopted Resolution No. 08-30 recommending that the City Council approve the proposed amendments to Title 17 of the City of Temecula Municipal Code. D. On July 22, 2008, the City Council of the City of Temecula held a duly noticed public hearing on the proposed amendments at which time all persons interested in the proposed amendments had the opportunity and did address the City Council on these matters, and following receipt of all public testimony closed the hearing. Section 2. Further Findings. The City Council, in approving the proposed Municipal Code amendments in Long Range Planning Project Number LR08-0032, R:/Ords 2008/Ords 08-08 hereby makes the following additional findings as required by Section 17.01.040 {"Relationship to General Plan"} of the Temecula Municipal Code: A. The proposed amendments to Title 17 of the Temecula Municipal Code are allowed in the land use designations in which the uses are located, as shown on the land use map, or are described in the text of the General Plan. B. The proposed amendments to Title 17 of the Temecula Municipal Code are in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. C. The proposed amendments to Title 17 of the Temecula Municipal Code are consistent with the general plan and all applicable provisions contained therein. Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act {"CEQA"} pursuant to Title 14 of the California Code of Regulations, Section 15061 {b)(3} because it can be seen with certainty that there is no possibility that the proposed amendments to Title 17 of the Temecula Municipal Code may have a significant effect on the environment. Staff concluded that there is no possibility that the Code amendments may have a significant effect on the environment. The proposed Development Code Amendments are minor policy changes, clarifications, and typographical corrections to Title 17 of the City of Temecula Municipal Code. One of the proposed amendments allows additional flexibility in temporary use permits but would not significantly effect the environment and does not preclude an independent analysis of a site specific temporary use proposal. The remaining proposed amendments do not result in a significant increase in the intensity or density of any land use above what is currently allowed in accordance with the Development Code. These proposed amendments are minor clarifications of the Code or typographical corrections. As such, there is no possibility that the proposed amendments to Title 17 of the Temecula Municipal Code will have a significant effect on the environment. Section 4. The City Council of the City of Temecula hereby amends subsection 17.04.020.B.2.a by replacing it in its entirety to read as follows: "a. Outdoor display and sales of merchandise within commercial land use districts, including sidewalk sales that exceed the regulations set forth in subsection 17.10.020(K), shall not exceed 16 days per calendar year per business or organization and are subject to the following provisions: i. Merchandise displayed or sold must be customarily sold on the premises by a permanently established business; ii. The maximum number of consecutive days for any one event shall not exceed nine calendar days; R:/Ords 2008/Ords 08-0$ 2 iii. Events exceeding five consecutive calendar days shall be fully enclosed in a tent so as to minimize any aesthetic impacts; iv. Set-up and take-down of tents, lighting, fencing, merchandise and/or items for the event shall not be counted towards the allowable event days per calendar year, except that set-up shall not exceed one and one-half days and take-down shall not exceed one and one-half days unless otherwise authorized by the Planning Director; v. Any event comprising of a partial day shall count as one calendar ay. Section 5. The City Council of the City of Temecula hereby amends subsection 17.04.020.B.2.c by deleting the first three words "Sidewalk sale and" and capitalizing the "v" in "vendor" to read as follows: "c. Vendor stands {nonmobile};" Section 6. The City Council of the City of Temecula hereby adds a new subsection 17.04.020.B.2.g to read as follows: "g. Automobile and truck dealerships located within Area B, as defined in this section, are allowed up to four events per calendar year and of the duration determined in subsection E of this section." Section 7. The City Council of the City of Temecula hereby amends the title paragraph of subsection 17.10.020.K by deleting "must be" and replacing "and shall comply with the following regulations:" with "may be permitted without a Temporary Use Permit, provided that the display complies with the following regulations:" to read as follows: "K. Outdoor display of merchandise accessory to current on-site business. Any outdoor display done in conjunction with the business being conducted within the building may be permitted without a temporary use permit, provided that the display complies with the following regulations:" Section 8. Intentionally deleted. Section 9. The City Council of the City of Temecula hereby amends subsection 17.28.050.D.5 to by deleting the last five wards "with an active building permit" and inserting in its place "immediately following entitlement for a period not to exceed 120 days {and only thereafter with an active building or grading permit}" to read as follows: "5. They shall be permitted for sites immediately fallowing entitlement for a period not to exceed 120 days {and only thereafter with an active building or grading permit}." R:/Ords 2008/Ords 08-0$ 3 Section 10. The City Council of the City of Temecula hereby amends section 17.28.600 to read as follows: "17.28.600 Temporary business advertising signs in commercial, office and industrial districts. A. Findings. 1. That there is a need to improve the competitiveness of service and commercial businesses and maintain the aesthetic quality of all areas in the City; and 2. That regulating temporary signage is an effective method to improve the aesthetic quality of all areas in the City; and 3. That the overuse of temporary signs results in visual clutter, the deterioration of the City's commercial and service districts, and the inefficient use of business advertising resources; B. Purpose. The purpose of this section is to set standards for temporary business advertising signs in commercial, professional office and industrial districts in the City. Temporary business advertising signs include promotional signs, grand opening signs, interim signs, special event signs, and other signs made up of temporary materials or used in a temporary fashion. C. Promotional signs in Commercial, Office and Industrial Districts. Promotional signs are temporary business advertising signs intended to attract attention to a use or activity for a limited number of events as identified in this section. The three types of promotional signs include attached, detached and window signs. Attached promotional signs, detached promotional signs and promotional window signs that require a permit may not be used in combination during any quarter. 1. Attached Promotional Signs. a. For each use or business activity up to one sign may be allowed. Except for a use or business activity with frontage on two or more major streets two signs may be allowed. b. Maximum area shall be 100 square feet. c. The vertical dimension of the sign shall not exceed five feet and shall not exceed the top of the eave line or parapet wall. d. The width (horizontal dimension) shall not exceed 60 percent of the business or store frontage, whichever is smaller. e. The maximum duration for attached promotional signs during the first through third quarters (January through September) of the year is one 30-day period per quarter, with a consecutive 60-day down period, R:/Ords 2008/Ords 08-0$ 4 during which time promotional signs are not permitted. During the fourth quarter {October through December) promotional signs are permitted for two thirty day periods provided that the temporary sign is down for at least 30 days before the temporary signage is used again. f. All promotional signs shall be located on the site where the use or activity is located. 2. Detached Promotional Signs. a. Detached signs shall be located on the site where the use or business activity is located. No more than one detached promotional sign may be allowed at the same time per lot. If two or more lots are owned by the same property owner within the same shopping or business center, then no mare than one detached sign may be allowed at the same time per property owner per center. b. One additional sign may be permitted per major street frontage per lot or center, provided it is a community event sponsored by the City or by a nonprofit organization as described in Section 17.28.600.F. c. At no time shall the distance between detached promotional signs be less than 30 feet. d. The Planning Director shall have the authority to increase or reduce the requirements in subsections {2)(a), (b} or (c} of this section in case of unusual physical characteristics of the site, such as presence of driveways, landscaping, utility poles, lot configuration, etc. e. Sign shall be mounted to a frame between one and four inches thick that contours the top, bottom and sides of the sign. The frame shall be constructed of quality durable materials and shall be constructed so that the sign shall be securely fastened to the frame. f. If more than one detached promotional sign is located on the same lot, each sign shall be made to the same dimensions and mounted to a frame between one and four inches thick (that contours along the top, bottom and sides of the sign} and the frame shall be constructed of the same color, material and design to provide consistency between promotional signs. g. Maximum sign area shall not exceed 32 square feet. h. The maximum height to the top of the sign shall not exceed six feet above the ground. i. The vertical dimension of the sign area shall not exceed three feet, and the horizontal dimension of the sign area shall not exceed 15 feet. j. Sign shall not block, restrict or impair any of the following: i. The public's view of another business or activity; R:/Ords 2008/Ords 08-0$ 5 ii. The public's view of the signage for another business or activity; iii. The view or visibility of the operator of any motor vehicle; iv. The movement of any pedestrian or motor vehicle. k. The maximum duration for detached promotional signs is fourteen consecutive days within any ninety day period 3. Requirements for Promotional Window Signs. a. Signs located on non-door window surfaces shall not exceed seventy-five percent of the non-door window area. b. They may not be displayed for longer than a ninety day period. D. Grand opening signs in Commercial, Office and Industrial Districts. Grand opening signs are temporary business advertising signs, bearing the words "Grand Opening," or some similar message to announce the opening of a new business. 1. For each use or business activity up to one sign may be allowed. Except for a use or business activity with frontage on two or more major streets two signs may be allowed. 2. Maximum area shall not exceed sixty square feet. 3. The vertical dimension shall not exceed three feet. They shall not exceed the top of the eave line or parapet wall. 4. They shall be attached to the building where the use or activity is located. 5. The width {horizontal dimension) shall not exceed sixty percent of the business or stare frontage, whichever is smaller. 6. They may be allowed far any period of time during the first one hundred twenty days of business or multifamily rental complex operation. E. Interim signs. Interim signs are temporary business advertising signs intended to provide interim signage while the permanent signage is being fabricated, repaired or prepared for installation. 1. The maximum number of signs shall be the same number of permanent signs permitted by this chapter. 2. They shall be the same as the size of permanent signs permitted by this chapter. R:/Ords 2008/Ords 08-0$ 6 3. They may contain only the business name and appropriate logo. They shall be attached to the building where the use or activity is located. 4. They may be allowed for any period up to 90 days. The Director may allow one time extension, for any period up to 30 days, with good cause. It is the responsibility for the proponent of the extension to justify why the extension is appropriate. F. Special event signs in Commercial, Office and Industrial Districts. Special event signs are temporary business advertising signs for special community activities or seasonal events. By way of example only, such activities or events may include charitable and community fundraising events, Christmas tree sales, the tractor races, or the annual Temecula wine and balloon festival. In addition to the an-site signs permitted by this section, community events sponsored by the City or by a nonprofit organization may be allowed one off-site sign. Two types of special event signs include attached and detached special event signs. 1. Attached special event signs in Commercial, Office and Industrial Districts. Special event signs for events held in a building or structure shall be attached to the building ar structure where the use or activity is located. a. The maximum area shall not exceed thirty-two square feet. b. The vertical dimension shall not exceed three feet. They shall not exceed the top of the eave line or parapet wall of the building. c. They shall be located on the site of the special event or activity being advertised. d. The width (horizontal dimension) shall not exceed 60 percent of the business or store frontage, whichever is smaller. e. Special event signs may be allowed for any period up to 45 days. The Director may allow cone-time extension, for any period up to an additional 45 days, with good cause. It is the responsibility of the proponent of the extension to justify why the extension is appropriate. 2. Detached special event signs in Commercial, Office and Industrial districts. a. Detached special event signs shall comply with Section 17.28.600.0.2. b. Special event signs may be allowed for up to fourteen consecutive days within any ninety day period. c. Special event signs for special community-wide events, such as the tractor races and wine and balloon festival, may be allowed additional supplemental and/or directional temporary signage at the discretion of the director. Supplemental directional signage should not exceed 32 square feet on major roadways and twenty-four square feet on R:/Ords 2008/Ords 08-0$ 7 other roadways. The appropriate sizes and locations for all supplemental and~or directional temporary signs shall be determined by the Director." Section 15. The City Council of the City of Temecula hereby amends Table 17.06.050A Accessory Structures Setbacks as follows: A. Add a new footnote 4 by inserting a superscript numeral 4 to the end of the word "yard" in "Not permitted in the actual front yard" within the "Front Yard" column of the "Detached second unit" row. The language for the new footnote 4 shall be inserted after footnote 3 within the "Notes" section of Table 17.06.050A and shall read as follows: "4. Second dwelling unit in the L-1, VL, RR and HR zoning districts may be located in the actual front yard and shall be subject to the front yard setback requirements in Table 17.06.040, the Residential Performance Standards as outlined in Section 17.06.070, and the Special Use Standards as outlined in Section 17.06.050(L}." B. Add a new footnote 5 by inserting a superscript numeral 5 to the end of the word "yard" in "Not permitted in the actual front yard" within the "Front Yard" column of the "Detached granny flat or guest house" row. The new footnote 5 shall be inserted after the newly inserted footnote 4 within the "Notes" section of Table 17.06.OSOA and shall read as follows: "5. Guest House in the L-1, VL, RR and HR zoning districts may be located in the actual front yard and shall be compatible with the design of the primary dwelling and the surrounding neighborhood in terms of height, bulk and mass, landscaping, and architectural materials, shall be subject to the Residential Performance Standards as outlined in Section 17.06.070, and subject to the front yard setback requirements in Table 17.06.040." C. The language of the title within Table 17.06.050A "Accessory Structures Setbacks for the VL, L-1, L-2, LM, M and H Zoning Districts" shall be deleted in its entirety and replaced with the new title as follows: "Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts" Section 16. The City Council of the City of Temecula hereby amends subsection 17.06.050.L.5 by revising the second sentence of subsection 17.06.050.L.5 by replacing the first word of the second sentence "The" with "A covenant shall be recorded in the Riverside County Clerk's Office against the title declaring that the" to read as follows: "5. A secondary dwelling unit shall not be sold, but may be rented. A covenant shall be recorded in the Riverside County Clerk's Office against the title declaring that the property owner must occupy either the primary residence or the secondary dwelling unit." R:/Ords 2008/Ords 08-0$ 8 Section 17. The City Council of the City of Temecula hereby amends Table 17.24.040 by deleting "/congregate care" within the fragment "Senior citizens housing complex/congregate care" that is within the "Description of Use" column and adding a new row with "Congregate care housing" within the "Description of Use" column and "0.5 uncovered spacelunit plus 1 uncovered space per 5 units for guest parking" within the "Required Number of Spaces" column as follows: Table 17.24.040 Parking Spaces Required Description of Use Required Number of Spaces Residential Uses Senior citizens housing complex 0.5 covered spacelunit plus one uncovered space per five units for guest parking Congregate care housing 0.5 uncovered spacelunit plus one uncovered space per five units for guest parking Section 18. The City Council of the City of Temecula hereby amends Table 17.08.030 as follows: A. Revise the first sentence within footnote 4 to delete the words "In addition to any applicable supplemental development standards listed in Chapter 17.10," and capitalize the "s" in the word "Senior" as the new first word of the first sentence of footnote 4. B. Delete the words "development and performance" and insert in its place the words "residential performance and development" within the first and second sentences within footnote 4 of table 17.08.030. C. Add a new sentence to the end of footnote 4 within Table 17.08.030 as fo I lows: "Congregate care facilities shall use the residential performance standards." D. Add a superscript comma and numeral "4" immediately after the superscript numeral "1" within the "Congregate care housing for the elderly" within the Description of Use column within Table 17.08.030 to indicate that "Congregate care housing for the elderly" shall be subject to footnote 4 (as well as footnote 1). E. Add a superscript numeral "1" and comma immediately before the superscript numeral "4" within the "Senior citizen housing {see also congregate care}" within the Description of Use column within Table 17.08.030 to indicate that "Congregate care housing far the elderly" shall be subject to footnote 1 {as well as footnote 4). R:/Ords 2008/Ords 08-0$ 9 Section 19. The City Council of the City of Temecula hereby amends Table 17.06.040 by revising footnote 1 to insert a comma directly after the words "Affordable housing" and by adding the words "senior housing" directly after the new comma and before the word "and" to read as follows: "1. Affordable housing, senior housing and congregate care facilities may exceed the stated densities pursuant to the provisions of Section 17.10.020{M} of this title." Section 20. The City Council of the City of Temecula hereby amends Table 17.08.030 by adding a new row with "Automobile sales {wholesale or autobroker only} with no display/storage of vehicles" within the Description of Use column, and the letter "C" {for conditionally permitted} shall be inserted into columns CC, HT, BP and LI and a letter "P" {for permitted} shall be inserted into column SC and a dash "" {for not permitted at all) shall be inserted into columns NC and PO to read as follows: Table 17.08.030 Schedule of Permitted Uses CommerciallOfficellndustrial Districts Description of Use NC CC HT SC P~ BP ~~ Automobile sales {wholesale or autobroker only} - C C P - C C with no outdoor/storage of vehicles Section 21. The City Council of the City of Temecula hereby amends subsection 17.28.350.6 by replacing the word "lineal" with "linear" to read as follows: "B. Maximum area of signs shall not exceed one-half square feet per linear feet of frontage; however, the sign area for each sign shall not exceed 50 square feet." Section 22. The City Council of the City of Temecula hereby amends subsection 17.05.020.H by replacing the word "within" with "no later than" to read as follows: "H. Time Extension. The Director of Planning may, upon an application being filed no later than 30 days prior to expiration and for good cause, grant a time extension of up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. Upon granting of an extension, Director of Planning shall ensure that conditions of the administrative approval complies with all current Development Code provisions." Section 23. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, ar its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, R:/Ords 2008/Ords 08-0$ 10 subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Temecula hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or mare other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 24. Notice of Adoption. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12t" day of August, 20Q8. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:/Ords 2008/Ords 08-0$ 11 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the faregaing Ordinance No. 08-08 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 22nd day of July , 2008, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of August, 2008, by the fallowing vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk R:/Ords 2008/Ords 08-0$ 12 TEMECULA COMMUNITY SERVICES DISTRICT ITEM N~}. 19 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT JULY 22, 2008 A regular meeting of the City of Temecula Community Services District was called to order at 7:35 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero ABSENT: 0 DIRECTORS: None Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments at this time. CSD CONSENT CALENDAR 15 Minutes RECOMMENDATION: 15.1 Approve the minutes of July 8, 2008. 16 Acceptance of Certificate of Deposit as Bond for Trail RECOMMENDATION: 16.1 Accept the Certificate of Deposit and agreement from Jai Mata Di, LLC to construct a Multi-Use Trail along De Portola Road. 17 Graphic Design Agreement with Adkins Consulting RECOMMENDATION: 17.1 Approve an agreement with Adkins Consulting in the amount of $48,000 to provide graphic design services for the Cultural Arts Division and the Old Town Temecula Community Theater. R:\Minutes\072208 18 Foad and Beverage Sales Agreement with Full Value Entertainment RECOMMENDATION: 18.1 Approve an agreement with Full Value Entertainment to provide concession services at the Temecula Public Library. 19 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Ronald Reagan Sports Park Desilting Basin, Project Na. PW05-13 RECOMMENDATION: 19.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Ronald Reagan Sports Park Desilting Basin, Project No. PW05-13. 20 Contingency Increase for the Murrieta Creek Multi-Purpose Trail, Project No. PW01-27 RECOMMENDATION: 20.1 Increase the contingency for the Murrieta Creek Multi-Purpose Trail, Project No. PW01-27 in the amount of $73,570.37; 20.2 Authorize the City Manager to approve change orders not to exceed the additional contingency amount of $73,570.37. MOTION: Director Naggar moved to approve the Consent Calendar. Director Edwards seconded the motion and electronic vote reflected unanimous approval. CSD DIRECTOR OF COMMUNITY SERVICES REPORT No reports at this time. CSD GENERAL MANAGERS REPORT No reports at this time. CSD BOARD OF DIRECTORS REPORTS A. Director Naggar invited the public to attend the City's Summer Sunsets Concert Series every Thursday night at 7:00 p.m. at the Temecula Amphitheater located at the Community Recreation Center and the Moonlight Movies in the Park Series, Friday evenings at various City parks, noting that more information may be found at www.cityoftemecula.org. R:\Minutes\072208 2 CSD ADJOURNMENT At 7:37 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, August 12, 2008, at 5:30 p.m. for a Closed Session with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero. President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] R:\Minutes\072208 REDEVELOPMENT AGENCY ITEM N~}. 2d MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY JULY 22, 2008 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:37 p.m., in the City Council Chambers, at 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Edwards, Naggar Washington, Roberts ABSENT: 0 AGENCY MEMBERS: None Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones PUBLIC COMMENTS No public input. RDA CONSENT CALENDAR 22 Minutes RECOMMENDATION: 22.1 Approve the minutes of July 8, 2008. 23 Annual Contract for Keyser Marston Associates, Inc. for Real Estate Economic and Affordable Housing Consulting Services for Fiscal Year 2008-09 RECOMMENDATION: 23.1 Approve an agreement with Keyser Marston Associates, Inc. in the amount of $65,000 to provide as-needed Real Estate Economic Consulting Services for Fiscal Year 2008-09 and Authorize the Redevelopment Chairperson to execute the agreement; 23.2 Approve an agreement with Keyser Marston Associates, Inc. in the amount of $60,000 to provide as-needed Affordable Housing Consulting Services for Fiscal Year 2008-09 and Authorize the Redevelopment Chairperson to execute the agreement. R:\Minutes1072208 Consent Calendar Item No. 24 was discussed separately, see page 2. 24 Amendment of the First Time Homebuver Program RECOMMENDATION: 24.1 Adopt a resolution entitled: RESOLUTION NO. RDA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A REVISED FIRST TIME HOME BUYER PROGRAM MOTION: Agency Member Comerchero moved to approve the Consent Calendar subject to pulling Item No. 24 for separate discussion. Agency Member Edwards seconded the motion and electronic vote reflected unanimous approval. 24 Amendment of the First Time Homebuver Program RECOMMENDATION: 24.1 Adopt a resolution entitled: RESOLUTION NO. RDA 08-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A REVISED FIRST TIME HOME BUYER PROGRAM Director of Redevelopment Meyer provided a staff report (of record); noted that by way of the City's website, a public service announcement, and the USS Ronald Reagan, information regarding the program will be distributed to the public. City Manager Nelson as well suggested the utilization of the City's newsletter to further apprise the public of this program. MOTION: Agency Member Washington moved to approve the Consent Calendar. Agency Member Comerchero seconded the motion and voice vote reflected unanimous approval. RDA EXECUTIVE DIRECTORS REPORT No reports at this time. RDA AGENCY MEMBERS REPORTS No reports at this time. R:\Minutes1072208 2 RDA ADJOURNMENT At 7:44 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, August 12, 2008, at 5:30 p.m. for a Closed Session with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California Ron Roberts, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:\Minutes1072208 ITEM N~}. 21 Approvals City Attorney S~~ Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Redevelopment Director DATE: August 12, 2008 SUBJECT: Amendment of the Residential Improvement Program for First Time Home Buyers PREPARED BY: Emery J. Papp, Senior Planner RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. RDA-08- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A REVISED RESIDENTIAL IMPROVEMENT PROGRAM FOR FIRST TIME HOME BUYERS BACKGROUND: The Residential Improvement Program was originally adopted in August 1996. The program offers Agency assistance to very-low, low, and median income households in the City of Temecula. The funds can be used for exterior painting, fence repair, and protecting the health and safety of the home occupants as required by Building Codes. Currently, the Residential Improvement Program provides assistance of up to $7,500 for such repairs, and the loan is forgiven if the owner occupies the residence for a minimum of five years. On July 22, 2008, the City Council approved an amendment to the First Time Home Buyer Program which increased the assistance for that program from $24,000 to $65,000. The Agenda Report for this item discussed the desire of the Agency to also increase assistance for the Residential Improvement Program by $2,500 for participants in the First Time Home Buyer Program. The requested increase is to assist with homes that maybe purchased out of foreclosure and will require additional repairs and improvements to make the homes habitable. Staff recommends increasing the funds made available through this program, when used in conjunction with the First Time Home Buyer Program, for repairs and improvements not normally allowed under the existing program guidelines. Examples include interior improvements such as replacing missing or broken appliances, exterior improvements such as irrigation and pool equipment, and general improvements to repair damage caused by neglect, vandalism or theft. Staff also recommends that the loan commitment be extended to a ten year period for households with a moderate income level as defined by the State of California. All other provisions of the existing Residential Improvement Program shall remain unchanged. FISCAL IMPACT: The FY 20Q8-09 Budget contains $200,OOQ for the Residential Improvement Program. ATTACHMENTS: Resolution Revised Program Parameters RESOLUTION NO. RDA 08- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A REVISED RESIDENTIAL IMPROVEMENT PROGRAM FOR FIRST TIME HOME BUYERS THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. The Board of Directors finds, determines and declares that: A. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" {hereafter the "Plan"} in accordance with the provisions of the Community Redevelopment Act {Health and Safety Code Sections 33000 et seq.}. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. B. Since August 1996, the Agency has had a Residential Improvement Program to help persons of median income rehabilitate their homes. C. The primary objectives of the Residential Improvement Program are to: 1. Prevent blight in residential neighborhoods, 2. Improve the structural integrity of the City's housing stock, and 3. Improve the health and safety of residents living in substandard housing. D. The Agency desires to expand the Residential Improvement Program to a two {2) tier Program. The first tier, as discussed in Section 2.A. of this Resolution, will be used directly with the First Time Home Buyer Program for those homes in need of excessive repair. This second Program tier, as discussed in Section 2.B. of this Resolution, will continue to be used for existing homeowners. E. The Agency will authorize the Executive Director to establish a Manual for administration of the Residential Improvement Program. F. The Residential Improvement Program is intended to effectuate the objectives of the Agency, the City of Temecula {the "City"}, and the state of California in complying with their obligation to decent housing and a suitable living environment pursuant to California Code Section 65580{a} and the goals and objectives identified in the City's Housing Element of the Temecula General Plan. The Residential Improvement Program and the fulfillment generally of its objectives are in the best interest of the City and the welfare of its residents, and in accordance with the public purposes and provisions of applicable federal, state, and local laws and requirements. G. The Residential Improvement Program, as revised by this Resolution, is consistent with the Redevelopment Plan, the Implementation Plan adopted by the Agency on December 7, 2004 for the Project Area, the City's General Plan and each element thereof, including without limitation, the City's Housing Element. H. The Agency Board has duly considered all terms and conditions of the proposed revised Residential Improvement Program and believes that the revised Residential Improvement Program is in the best interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. Section 2. The Agency hereby establishes and approves the Residential Improvement Program {"Program"} subject to the following principles: A. A 10-year term, $10,000 loan Program shall be available to borrowers of moderate income as defined by the State of California that are also participating in the Agency's First Time Home Buyer Program. (1 } The Agency shall provide qualified borrowers a loan secured by a second trust deed on the property in an amount not to exceed ten thousand dollars ($10,000.00}. (2} The loan shall be fixed at five percent (5%) interest, for a term of ten (10} years for loans up to $10,000. (3} The loan shall become due and payable in full if the borrower transfers title, ceases to occupy the property as his or her principal residence, refinances with cash taken out, or otherwise defaults on the loan documents within ten years. (4} The loan shall be forgiven by the Agency after ten years if the owner has continuously resided in the home and the terms have not been breached. B. A 5-year term, $7,500 loan Program shall be available to borrowers of median income as defined by the State of California who own existing homes. (1 } The Agency shall provide qualified borrowers a loan secured by a second trust deed on the property in an amount not to exceed seven thousand five hundred dollars {$7,504.00). (2} The loan shall be fixed at five percent (5%} interest, for a term of five {five} years far loans up to $7,500. (3} The loan shall become due and payable in full if the borrower transfers title, ceases to occupy the property as his or her principal residence, refinances with cash taken out, or otherwise defaults on the loan documents. (4} The loan shall be forgiven by the Agency after five years if the owner has continuously resided in the home and the terms have not been breached. Section 4. The Executive Director of the Agency {or his designee), is hereby directed and authorized, on behalf of the Agency, to: (1) take all actions necessary and appropriate to carry out and implement the Residential Improvement Program; (2} administer the Agency's obligations, responsibilities and duties to be performed under the Residential Improvement Program; {3) develop, approve and implement a "Manual for the Residential Improvement Program" providing for the administrative directives and regulations necessary and convenient for the implementation of the Residential Improvement Program in accordance with the provisions of this Resolution; and (4} enter into and execute on behalf of the Agency all documents necessary and convenient for the implementation of the Residential Program, including but not limited to the Promissory Notes, Deeds of Trust, Regulatory Agreements, acceptances, escrow instructions, certificates of completions and such other implementing agreements and documents as contemplated or described in the Manual. Section 5. This Resolution shall be effective upon its adoption and shall be applicable to all applications for loans under the Residential Improvement Program submitted after this date. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula this 12th day of August, 2008. Ron Roberts,Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City ClerklBoard Secretary of the Temecula Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 08- was duly and regularly adopted by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula at a meeting thereof held on the 12th day of August, 2008, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary CITY OF TEMECULA REDEVELOPMENT AGENCY HOME IMPROVEMENT LOAN PROGRAM (FIRST TIME HOME BUYERS PROGRAM) Revised 07/31/08 Property Type: Single-family detached homes, condominium units, townhouses, and manufactured homes Property Location: Within Temecula city limits Maximum Amount: $10,000 loan Loan Terms: A 10-year term at 5% interest. The loan is forgiven on the maturity date if the terms have not been breached. If title to the property is transferred, the borrower ceases to occupy the residence, or if the first mortgage is refinanced and cash is taken out, the loan becomes due and payable immediately. Requirements: The application must be processed concurrently with the First Time Homebuyer Program by the applicant(s). The applicant's annual gross income may not exceed the area moderate income adjusted for family size as listed below: Family Size 1 2 3 4 5 6 7 8 Income 52,100 59,500 67,000 74,400 80,400 86,300 92,300 98,200 Housing staff will perform apre-inspection of all work to be done to determine its eligibility for funding. Eligible repairs include: • Code items • Deterioration of the structure or fencing • Repair or replacement of roofing • HVAC systems, wall heaters and evaporative coolers • Windows, Screens, Garage Doors, Entry Doors • Garage Doors and Entry Doors • Exterior Painting • Electrical • Non-working or missing major appliances • Repair items damaged by neglect, vandalism or theft Participants must obtain a minimum of two bids from licensed contractors prior to performance of any work or funding approval. All work must be inspected by housing staff and building inspections, if required, prior to any payment for the work. Payment may be made directly to the approved contractor or to the homeowner as reimbursement. Work completed before loan approval is not eligible for funding. For more information, contact Emery Papp (959}693-3955 or Deana Crisp (959} 694-6404 ITEM N~}. 22 JOINT CITY COUNCIL AND RDA PUBLIC HEARING Approvals City Attorney S~~ Director of Finance City Manager CITY OF TEMECULA/TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/City Manager TO: Agency Members/City Council FROM: John Meyer, Redevelopment Director DATE: August 12, 2008 SUBJECT: Owner Participation Agreement for Warehouse at Creekside Mixed Use Affordable Housing Project RECOMMENDATION: That the City Council/Temecula Redevelopment Agency That the City Council adopt a resolution entitled: RESOLUTION NO. 08 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND THE WAREHOUSE AT CREEKSIDE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 2. That the Temecula Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 08 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND THE WAREHOUSE AT CREEKSIDE, LLC, A CALIFORNIA LIMITED COMPANY BACKGROUND: The Temecula Redevelopment Agency has been engaged in the development, rehabilitation and preservation of affordable housing since 1995. The Agency's Affordable Housing goals include: • Increasing, improving and preserving the supply of supply of affordable housing • Upgrading the physical appearance of Project Area neighborhoods • Establishing new standards for the private development within Project Area neighborhoods. Project Description Mr. Dalton is proposing to develop a 42,717 square foot mixed use project on .52 acres along the south side of 3rd Street, west of Old Town Front Street, adjacent to Murrieta Creek. The project will be a three story building with 32 units of affordable housing and about 3,500 square feet of commerciallretail. The project will contain 19 one bedroom units, all of which will be reserved at 60% (lower) of median income. The project will contain 1 two bedroom unit of which will be reserved for 60°~ (lower) of median income. The project will also contain 12 two story units which will be reserved for 110°~ {moderate) of median income. Allowable rents will range from $670-$1,250 per month. Agency Involvement The proposed project represents the third affordable mixed use development in Old Town. As with all the projects receiving Agency assistance, this project would not be economically viable without the Agency's involvement. Agency Assistance The Agency contracted with Keyser Marston Associates Inc. {"KMA") as a third party analyst to assist in reviewing the developer's construction and rent estimates. The total estimated cost of the proposed project is $10.4 million or $329 per square foot. Once again, KMA's analysis determined that the project could support additional Agency assistance. However, the Agency staff is recommending we limit the Agency's contribution to be $6 million or $187,500 per unit. The Warehouse at Creekside is superior to the quality of projects the Agency has assisted with before including the other two Dalton projects. This is the first project to meet the new parking standard of one space per residential unit. To achieve this, the architect had to use a "podium" style building where the residential units are built over the ground level parking structure. This is a more expensive way to build the project but necessary to meet the parking requirements. Owner Participation Agreement In order to facilitate the proposed project, the Agency and the Dalton's will enter into an Owner Participation Agreement (OPA) to establish the terms and conditions surrounding the development of the project. This property will have a 55 year covenant restricting rent levels available to households earning no more than 60% and 110% of the median income. Consistent with the previous Dalton projects, the Agency's financial contribution will serve as a "take out loan" and be funded only after the project has been completed. CONCLUSION: This is an attractive project for the Agency. In addition to providing affordable housing, this project will further revitalize the Old Town district and continue to set high standards all new development in the area. FISCAL IMPACT: Sufficient affordable housing funding in the amount of $6 million are available for this project. Mr. Dalton has agreed not to request the money until after July 1, 2009. ATTACHMENTS: Council Resolution No. 08-_ Agency Resolution No. 0$-_ Owner Participation Agreement Legal Description Irrevocable Loan Letter Conceptual Site Plan/Elevations Feasibility Analysis RESOLUTION NO. RDA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT AND LOAN AGREEMENT BETWEEN THE AGENCY AND THE WAREHOUSE AT CREEKSIDE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby finds, determines and declares that: A. The Redevelopment Agency of the City of Temecula ("Agency"} is a community redevelopment agency duly organized and existing under the Community Redevelopment Law ("CRL"), Health and Safety Code Sections 33444 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temecula. B. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" {hereafter the "Plan"} in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91- 15establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91- 11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. C. The Owner Participation Agreement and Loan Agreement (collectively "Agreements"} approved by this Resolution is intended to effectuate the Redevelopment Plan for the Agency's Redevelopment Project Area No. 1988-1, as amended. The specific purpose of the Agreements is to further the Agency's affordable housing goals in the City of Temecula (the "City"} by providing a conditional commitment to fund a permanent loan that will be used to pay part of a construction loan for, and thereby facilitate the construction of, nineteen (19} one-bedroom and one (1 }two-bedroom apartments for persons of up to {64%) {lower} of median income. The project will also contain twelve (12) two story units which will be reserved for 114% (moderate} of median income as defined in Section 54493 of the California Health and Safety Code (i.e. to families earning up to 114°k of Riverside median income}on the Site located at .52 acres along the south side of 3rd Street, (APN 922-06-012}, Temecula, and thereby increase the supply of affordable housing in the City {the "Project"}. D. The Agreements are also intended to effectuate the objectives of the Agency and the City of Temecula {the "City"} in complying with their obligation to provide low and moderate income housing pursuant to the Health and Safety Code of California and the goals of the City's Housing Element to the Temecula General Plan. The Developer's development of the Project and the fulfillment generally of these Agreements are in the best interest of the City and the welfare of its residents, and in accordance with the public purposes and provisions of applicable federal, state, and local laws and requirements. E. On August 12, 2008 the Agency duly noticed and held a joint public hearing before the Board of Directors of the Redevelopment Agency of the City of Temecula and the City Council of the City of Temecula concerning the approval of the proposed Owner Participation Agreement and Loan Agreement with Developer. F. The development of the Project as required by the Agreements will assist in the elimination of blight in the Project Area as identified in the proceedings establish- ing the Project Area in that development of Project on the Site will: {1 }Establish development standards and the rehabilitation and improvement of obsolete, deteriorating, and inappropriate buildings and housing stock; {2) consolidate irregular parcels into a site appropriate for development; (3} encourage and provide for development of vacant properties in accordance with the Plan and the Old Town Specific Plan; and (4} preserve, improve, and expand housing opportunities for low and moderate income residents. G. The Agreements are consistent with the Redevelopment Plan and the Implementation Plan adapted by the Agency for the Project Area adopted by the Agency. H. The redevelopment of the Project site as provided in the Agreements is consistent with the City's General Plan and the Old Town Specific Plan. I. The Agency Board has duly considered all terms and conditions of the proposed Agreements and believes that the Agreements are in the best interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. J. The Agreements pertain to and affect the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 53511. Section 2. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby further finds, determines and declares that: A. Section 33334.2, et seq. of the CRL authorizes and directs the Agency to expend a certain percentage of all taxes which are allocated to the Agency pursuant to the CRL Section 33674 for the purposes of increasing, improving and preserving the community's supply of housing available at affordable housing costs to persons and families of low to moderate income, including lower income and very low income households. B. Pursuant to the CRL, the Agency has established a Low and Moderate Income Housing Fund {the "Housing Fund"}. C. Pursuant to the CRL Section 33334.2{e}, in carrying out its affordable housing activities, the Agency is authorized to provide subsidies to or for the benefit of persons and families of low or moderate income to the extent those households cannot obtain housing at affordable casts an the open market. D. No other reasonable means of private or commercial financing for the new low and moderate income units of the Project is reasonably available to the Agency or the Owner at the same level of affordability and quantity provided by the Agreements. Additionally, while the funds from the Agency's Low and Moderate Income Housing Fund being used assist in the development of the Project do not exceed fifty percent (50°~} of the cost to produce the units of the Project, the Agency finds, based on substantial evidence in the record, that the Agency and the Owner have made a good faith attempt but have been unable to obtain commercial or private means of financing the units at the same level of affordability and quantity as provided for the Project. E. Developer proposes, with the assistance of the Agency, to develop the Project and upon completion to make available for the longest feasible period of time all of the housing units in the Project at affordable rents to low to moderate income households. F. Pursuant to Sections 33132, 33133, and 33600 of the CRL, the Agency may accept financial or other assistance from any public or private source, for the Agency's activities, powers, and duties, and expend any funds sa received for any of the purposes of the CRL. G. The expenditures from the Housing Fund as contemplated by the Agreements approved by this Resolution will directly and specifically increase, improve, and preserve the community's supply of low and moderate income housing within the meaning of Health and Safety Code Section 33334.2 and will be of benefit to the Project Area by providing new housing which restricted so as to be affordable for occupancy by very low income, lower income and median income households. H. The California Legislature declares in Health and Safety Code Section 37000, et seq., that new forms of cooperation with the private sector, such as leased housing, disposition of real property acquired through redevelopment, development approvals, and other forms of housing assistance may involve close participation with the private sector in meeting housing needs, without amounting to development, construction or acquisition of low rent housing projects as contemplated under Article XXXIV of the State Constitution and that the Agreements approved hereby is not subject to the provisions of said Article XXXIV. Section 3. The Agency hereby finds and determines that the lien of the covenants required pursuant to the Agreements may be subordinated to financing for the Project because an economically feasible alternative method of financing the Project on substantially comparable terms and conditions, but without subordination, is not reasonably available. Section 4. While the Agency determines that participation in the feasibility analysis, financing, and development of the Project does not constitute development, construction or acquisition of a low-rent housing project within the meaning of Article XXXIV of the State Constitution, this Resolution is hereby deemed to constitute approval within the meaning of Health and Safety Code Section 37001.5 of a proposal which may result in housing assistance benefiting persons of low income. Section 5. The approval of this Agreements by the Agency constitutes an action by the Agency to implement an adopted Housing Assistance Plan by acquiring interests in housing units to assure they are affordable to persons of low and moderate income. Therefore, the Project is exempt from the provisions of the California Environmental Quality Act pursuant to Statuary Exemption 21159.21 of the CEQA Guidelines {Title 14 of the California Code of Regulations}. Additionally, the Project is: {1 }consistent with the applicable General Plan designation and all applicable General Plan Policies as well as with applicable zoning designation and regulations; {2} the Project occurs with in the city limits of the City of Temecula on a project site of less than five acres substantially surrounded by urban uses; {3} the Project site has no value as habitat for endangered, rare, or threatened species; {4} approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and {5) the Site can be adequately served by all required utilities and public services. Section fi. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain agreement entitled "Owner Participation Agreement" and that certain agreement entitled "Loan Agreement" each by and Between Temecula Redevelopment Agency and the Warehouse at Creekside, LLC, a California limited liability company with such changes in such document as may be mutually agreed upon by the Developer and the Agency Executive Director as is in substantial conformance with the form of such Agreements which are on file in the Office of the Agency Secretary. The Chairperson of the Agency is hereby authorized to execute the Agreements, including related exhibits and attachments on behalf of the Agency. A copy of the final Agreements when executed by the Agency Chairperson shall be placed on file in the Office of the Secretary of the Agency. Section 7. The Executive Director of the Agency {or his designee}, is hereby authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry out and implement the Agreements and to administer the Agency's obligations, responsibilities and duties to be performed under the Agreements and related documents, including but not limited to the Promissory Note, Deed of Trust, Regulatory Agreement, acceptances, escrow instructions, certificates of completion and such other implementing agreements and documents as contemplated or described in the Agreements. Section 8. The Secretary of the Agency shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula this 12th day of August, 2008. Ron Roberts ,Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City ClerklBoard Secretary of the Temecula Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 08- was duly and regularly adopted by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula at a meeting thereof held on the 12 day of August, 2008, by the fallowing vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT AND LOAN AGREEMENT BETWEEN THE AGENCY AND THE WAREHOUSE AT CREEKSIDE LLC, CALIFORNIA LIMITED LIABILITY COMPANY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby finds, determines and declares that: A. The Redevelopment Agency of the City of Temecula {"Agency"} is a community redevelopment agency duly organized and existing under the Community Redevelopment Law {"CRL"), Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temecula. B. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan"} in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91- 15establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91- 11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. C. The Owner Participation Agreement and Loan Agreement (collectively "Agreements"} approved by this Resolution is intended to effectuate the Redevelopment Plan for the Agency's Redevelopment Project Area No. 1988-1, as amended. The specific purpose of the Agreements is to further the Agency's affordable housing goals in the City of Temecula (the "City"} by providing a conditional commitment to fund a permanent loan that will be used to pay part of a construction loan for, and thereby facilitate the construction of, nineteen (19} one-bedroom and one (1 }two-bedroom apartments for persons of up to (60%) (lower} of median income. The project will also contain twelve (12) two story units which will be reserved for 110% (moderate} of median income as defined in Section 50093 of the California Health and Safety Code (i.e. to families earning up to 110°k of Riverside median income)on the Site located at .52 acres along the south side of 3rd Street, (APN 922-06-012Temecula, and thereby increase the supply of affordable housing in the City {the "Project"} D. The Agreements are also intended to effectuate the objectives of the Agency and the City of Temecula {the "City"} in complying with their obligation to provide low and moderate income housing pursuant to the Health and Safety Code of California and the goals of the City's Housing Element to the Temecula General Plan. The Developer's development of the Project and the fulfillment generally of these Agreements are in the best interest of the City and the welfare of its residents, and in accordance with the public purposes and provisions of applicable federal, state, and local laws and requirements. E. On August 12, 2448 the Agency duly noticed and held a joint public hearing before the Board of Directors of the Redevelopment Agency of the City of Temecula and the City Council of the City of Temecula concerning the approval of the proposed Owner Participation Agreement and Loan Agreement with Developer. F. The development of the Project as required by the Agreements will assist in the elimination of blight in the Project Area as identified in the proceedings establish- ing the Project Area in that development of Project on the Site will: {1 }Establish development standards and the rehabilitation and improvement of obsolete, deteriorating, and inappropriate buildings and housing stock; {2} consolidate irregular parcels into a site appropriate for development; {3} encourage and provide for development of vacant properties in accordance with the Plan and the Old Town Specific Plan; and {4} preserve, improve, and expand housing opportunities for low and moderate income residents. G. The Agreements are consistent with the Redevelopment Plan and the Implementation Plan adopted by the Agency for the Project Area adopted by the Agency. H. The redevelopment of the Project site as provided in the Agreements is consistent with the City's General Plan and the Old Town Specific Plan. I. The Agency Board has duly considered all terms and conditions of the proposed Agreements and believes that the Agreements are in the best interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. J. The Agreements pertain to and affect the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 53511. Section 2. The City Council of the City of Temecula hereby further finds, determines and declares that: A. Section 33334.2, et seq. of the CRL authorizes and directs the Agency to expend a certain percentage of all taxes which are allocated to the Agency pursuant to the CRL Section 33670 for the purposes of increasing, improving and preserving the community's supply of housing available at affordable housing costs to persons and families of low to moderate income, including lower income and very low income households. B. Pursuant to the CRL, the Agency has established a Low and Moderate Income Housing Fund {the "Housing Fund"}. C. Pursuant to the CRL Section 33334.2{e}, in carrying out its affordable housing activities, the Agency is authorized to provide subsidies to or for the benefit of persons and families of low or moderate income to the extent those households cannot obtain housing at affordable costs on the open market. D. No other reasonable means of private or commercial financing for the new low and moderate income units of the Project is reasonably available to the Agency or the Owner at the same level of affordability and quantity provided by the Agreements. Additionally, while the funds from the Agency's Low and Moderate Income Housing Fund being used assist in the development of the Project do exceed fifty percent {50%} of the cast to produce the units of the Project, the Agency finds, based on substantial evidence in the record, that the Agency and the Owner have made a good faith attempt but have been unable to obtain commercial or private means of financing the units at the same level of affordability and quantity as provided for the Project. E. Developer proposes, with the assistance of the Agency, to develop the Project and upon completion to make available for the longest feasible period of time all of the housing units in the Project at affordable rents to low to moderate income households. F. Pursuant to Sections 33132, 33133, and 33600 of the CRL, the Agency may accept financial or other assistance from any public or private source, for the Agency's activities, powers, and duties, and expend any funds so received for any of the purposes of the CRL. G. The expenditures from the Housing Fund as contemplated by the Agreements approved by this Resolution will directly and specifically increase, improve, and preserve the community's supply of low and moderate income housing within the meaning of Health and Safety Code Section 33334.2 and will be of benefit to the Project Area by providing new housing which restricted so as to be affordable for occupancy by very low income, lower income and median income households. H. The California Legislature declares in Health and Safety Code Section 37000, et seq., that new forms of cooperation with the private sector, such as leased housing, disposition of real property acquired through redevelopment, development approvals, and other forms of housing assistance may involve close participation with the private sector in meeting housing needs, without amounting to development, construction or acquisition of low rent housing projects as contemplated under Article XXXIV of the State Constitution and that the Agreements approved hereby is not subject to the provisions of said Article XXXIV. Section 3. The City Council hereby finds and determines that the lien of the covenants required pursuant to the Agreements may be subordinated to financing for the Project because an economically feasible alternative method of financing the Project on substantially comparable terms and conditions, but without subordination, is not reasonably available. Section 4. While the City Council determines that participation in the feasibility analysis, financing, and development of the Project does not constitute development, construction or acquisition of a low-rent housing project within the meaning of Article XXXIV of the State Constitution, this Resolution is hereby deemed to constitute approval within the meaning of Health and Safety Code Section 37001.5 of a proposal which may result in housing assistance benefiting persons of low income. Section 5. The approval of this Agreements by the Agency constitutes an action by the Agency to implement an adapted Housing Assistance Plan by acquiring interests in housing units to assure they are affordable to persons of law and moderate income. Therefore, the Project is exempt from the provisions of the California Environmental Quality Act pursuant to Statuary Exemption 21159.21 of the CEQA Guidelines {Title 14 of the California Code of Regulations}. Additionally, the Project is: (1 }consistent with the applicable General Plan designation and all applicable General Plan Policies as well as with applicable zoning designation and regulations; (2} the Project occurs with in the city limits of the City of Temecula on a project site of less than five acres substantially surrounded by urban uses; {3} the Project site has no value as habitat for endangered, rare, or threatened species; (4} approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and {5) the Site can be adequately served by all required utilities and public services. Section 6. The City Council of the City of Temecula hereby approves that certain agreement entitled "Owner Participation Agreement" and that certain agreement entitled "Loan Agreement" each by and Between Temecula Redevelopment Agency and the Warehouse at Creekside, LLC, a California limited liability company with such changes in such document as may be mutually agreed upon by the Developer and the Agency Executive Director as is in substantial conformance with the form of such Agreements which are on file in the Office of the Agency Secretary. Section 7. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of August, 2008. Michael S. Naggar ,Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of August , 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk O~`'NER PARTICIPATION AGREEII~IENT THIS OWNER PARTICIPATION AGREEMENT ("Agreement") is dated as of August 12, 2008 (the "Effective Date") and is entered into by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic (the "Agency"), and THE WAREHOUSE AT CREEKSIDE LLC, a California limited liability company (the "Developer"). RECITALS This Agreement is entered into with reference to the follow-ing facts: A. Agency is a public body, corporate and politic, exercising governmental functions and powers, and organized and existing under the Community Redevelopment Law of the State of California (being ~ 33000 et. seq. of the Health and Safety Code of the State of California). The purpose of this Agreement is to effectuate the Redevelopment Plan for the Riverside County Redevelopment Project Area No. 1988-1 (the "Project Area"), in the City of Temecula, California, by facilitating construction of improvements on real property within the Project Area, as more particularly described below. B. Developer owns the fee interest in certain real property in the Project Area located in the City of Temecula, County of Riverside, State of California, and more particularly depicted on Exhibit "A" attached hereto and incorporated herein by this reference (the "Site"). C. The specific purpose of this Loan Agreement is to further the Agency's affordable housing goals in the City of Temecula (the "City") by providing a conditional commitment to fund a permanent loan that will be used to repay a construction loan for, and thereby facilitate the construction of, nineteen (19) one-bedroom apartments, one (1)two-bedroom apartment and twelve (12) two bedroom townhomes (each, a "Unit" and collectively, the "Units") on the Sitc and thereby increase the supply of affordable housing in the City (the "Project"). D. The Agency desires to lend to the Borrower and the Borrower has agreed to borrow from the Agency the sum of $6,000,000 from the Agency's affordable housing set aside funds, such loan to be disbursed in accordance with Section 6 of the Loan Agreement dated concurrently herewith between Agency and Developer (the "Loan Agreement"). Capitalized terms used but not defined herein shall have the meaning set forth in the Loan Agreement. E. The Project is in the best and vital interests of Agency and the City, and the health, safety and welfare of the residents and taxpayers in the City, and is in accord with the public purposes and provisions of applicable state and local laws. Construction of the Project will assist in the elimination of blight in the Project Area, provide additional jobs, and substantially improve the economic and physical conditions in the Project Area, and provide affordable housing in accordance with the purposes and goals of the Redevelopment Plan. F. A material inducement to the Agency to enter into this Agreement and make the Loan is the agreement by the Developer to construct the Project within a limited period of time, and the Agency would be unwilling to enter into this Agreement in the absence of an enforceable i ios~-oazi~,lo~io~s~i.aoo commitment by the Developer to commence and complete such construction within such period of time. NOW, THEREFORE, the parties hereto agree as follows: ARTICLE 1. Section 1.1 Definitions The following terms as used in this Agreement shall have the meanings given unless expressly provided to the contrary: 1.1.1 A~encX means the Redevelopment Agency of the City of Temecula, a public body, corporate and politic, exercising governmental functions and powers, and organized and existing under the Community Redevelopment Law of the State of California, with full power and authority to execute this Agreement. The principal office of the Agency is located at 43200 Business Park Drive, Temecula, California 92590. 1.1.2 Agency Loan shall mean, collectively, that certain forgivable permanent loan in the amount of $6,000,000 to be made by Agency to Developer for the purpose of re- paying the construction loan for the Project, which is to be evidenced by the Note and shall be forgiven upon the expiration of the term of the Regulatory Agreement provided Developer is not otherwise in default under this OPA or the Loan Documents. The Loan Agreement contains, among other things, the terms and conditions for disbursement of the Agency Loan. 1.1.3 Agreement means this Owner Participation Agreement. 1.1.4 Certificate of Satisfaction of Construction Obli atg ions means a certificate described in Section 2.12, to be provided by the Agency to the Developer upon satisfactory completion of construction of the Project. 1.1.5 City means the City of Temecula, a municipal corporation, exercising governmental functions and powers, and organized and existing under the laws of the State of California. The principal office of the City is located at 43200 Business Park Drive, Temecula, California 92590. 1.1.6 Deed of Trust shall mean the Deed of Trust, Security Agreement and Fixture Filing (with Assignment of Rents) executed by Developer in favor of Agency encumbering the Project that secures the Agency Loan. 1.1.7 Default has the meaning provided in Section 6.1. 1.1.8 Developer means THE WAREHOUSE AT CREEKSIDE LLC, a California limited liability company. The principal office of the Developer for purposes of this Agreement is 41911 5th Street, Suite 302, Temecula, California 92590. 1.1.9 Escrow Holder shall mean a title company proposed by Developer and reasonably approved by Agency. i ios~-oazi~,lo~io~s~i.aoo 1.1.10 General Contractor has the meaning provided in Section 2.8. 1.1.11 Hazardous Materials means any chemical, material or substance now or hereafter defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "extremely hazardous waste," "restricted hazardous waste," "toxic substances," "pollutant or contaminant," "imminently hazardous chemical substance or mixture," "hazardous air pollutant," "toxic pollutant," or words of similar import under any local, state or federal law or under the regulations adopted or publications promulgated pursuant thereto applicable to the Site, including, without limitation: the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. § 9601, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, as amended, 49 U.S.C. § 1801, et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251, et seq.; and the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901, et seq. The term "Hazardous Materials" shall also include any of the following: any and all toxic or hazardous substances, materials or wastes listed in the United States Department of Transportation Table (49 CFR 172.101} or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302) and in any and all amendments thereto in effect as of the date of the close of any escrow; oil, petroleum, petroleum products (including, without limitation, crude oil or any fraction thereof), natural gas, natural gas liquids, liquefied natural gas or synthetic gas usable for fuel, not otherwise designated as a hazardous substance under CERCLA; any substance which is toxic, explosive, corrosive, reactive, flammable, infectious or radioactive (including any source, special nuclear or by-product material as defined at 42 U.S.C. § 2011, et seq.), carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority; asbestos in any form; urea formaldehyde foam insulation; transformers or other equipment which contain dielectric fluid containing levels of polychlorinated biphenyl's; radon gas; or any other chemical, material or substance (i) which poses a hazard to the Site, to adjacent properties, or to persons on or about the Site, (ii) which causes the Site to be in violation of any of the aforementioned laws or regulations, or (iii) the presence of which on or in the Site requires investigation, reporting or remediation under any such laws or regulations. 1.1.12 Holder has the meaning provided in Section 3.2.2. 1.1.13 Improvements means the improvements comprising the Project that are described in the Scope of Development. 1.1.14 Loan Agreement shall mean the Loan Agreement between Agency and Developer dated concurrently herewith. 1.1.15 Loan Documents shall have the meaning ascribed to such term in the Loan Agreement. 1.1.16 Note shall mean the promissory note evidencing the Agency Loan executed by Developer in favor of Agency. 1.1.17 Party means any party to this Agreement. The "Parties" shall be all parties to this Agreement. i ios~-oazi~,lo~io~svi.aoo 1.1.18 Plans and Specifications means the plans and specifications approved by the City and the Agency for construction of the Improvements. 1.1.19 Project means the improvement of the Site with the Improvements (for use as an affordable housing project) in accordance with the Plans and Specifications. 1.1.20 Project Area means the Riverside County Redevelopment Project Area No. 1988-1. 1.1.21 Redevelopment Law means the Community Redevelopment Law of the State of California (being § 33000 et seq. of the Health and Safety Code of the State of California. 1.1.22 Redevelopment Plan means the Redevelopment Plan for the Project Area. This Agreement shall be subject to the provisions of the Redevelopment Plan (which are incorporated herein by this reference and made a part hereof as though fully set forth herein). 1.1.23 Re u~~~•eement shall mean that certain Regulatory Agreement pursuant to which Developer agrees to rent the Units only to moderate (or lower) income households at an affordable rent. 1.1.24 Restrictive Covenant Period has the meaning provided in Section 4.1. 1.1.25 Scope of Development means the Scope of Development attached hereto as Exhibit "B" and incorporated herein by this reference. 1.1.26 Site means the land described on Exhibit "A" attached to this Agreement. ARTICLE 2. DEVELOPMENT OF THE SITE Section 2.1 Scone of Develonment 2.1.1 Developer shall complete the Improvements in accordance with the Scope of Development, and the Plans and Specifications, and shall also complete such other amenities, landscaping and public improvements as are required by the City through the entitlement and permit process. Subject to force majeure delays as provided in Section 7.9 below, the Improvements shall be completed, ready for occupancy, and open for business no later than the date that is twenty-four (24) months after the Effective Date. 2.1.2 The Developer shall also comply with any and all applicable federal, state and local laws, rules and regulations, and any applicable mitigation measures adopted pursuant to the California Environmental Quality Act. i ios~-oazi~,lo~io~s~i.aoo Section 2.2 A~encv's Right to Review Plans and Specifications In connection with design of the Improvements, the Developer shall submit basic concept drawings, preliminary plans, landscaping plans, and final plans and specifications to the Agency for the Agency's review and approval, which review and approval shall not be unreasonably delayed or withheld. Concept drawings shall consist of all building elevations, rendered, at a scale of 1/a=1'-4"; a site plan delineating all circulation patterns, parking areas, free standing and/or monument signage locations, and set backs; and a conceptual landscape plan, all on standard 36"x 24" sheets. Preliminary plans shall consist of the same plans in the same format in preliminary design status as identified in a standard American Institute of Architects design contract, with the addition of a material schedule/color board for the buildings, a plant material schedule for the landscape plan, and the dimensions and faces of all proposed signs. Final plans and specifications shall consist of the set of construction documents from which the Improvements will be constructed. The Developer shall construct the Improvements in compliance with the plans and specifications approved by the Agency. Section 2.3 Approval of Construction Plans. The Agency shall reasonably approve or disapprove such plans, drawings, and related documents referred to in Section 2.2 in a reasonably timely fashion but in no event, longer than forty five (45) days after the Developer submits such plans, drawings and related documents refen•ed to in Section 2.2. In the event the Agency fails to approve or disapprove such plans, drawings and related documents within forty five (45) days after submittal by the Developer, the plans, drawings and related documents shall be deemed approved by the Agency. Any disapproval shall state in writing the reasons for disapproval. The Developer, upon receipt of a disapproval, shall revise such portion of the plans, drawings or related documents in a manner that satisfies the reasons for disapproval and shall resubmit such revised portions to the Agency as soon as possible after receipt of the notice of disapproval. The Agency shall approve or disapprove such revised portions in the same manner as provided in this Agreement for approval or disapproval of plans, drawings, and related documents initially submitted to the Agency, which approval or disapproval shall be provided within a reasonable time taking into consideration the scope and detail of the plans, drawings and documents submitted. All approvals or disapprovals to be made by the Agency pursuant to this Article 2 shall be made by the Executive Director of the Agency or the Executive Director's designated staff members, and such approvals or disapprovals are separate and apart from any other review and approval required by the City through the entitlement and permit process. Section 2.4 Changes in Construction Drawings. If the Developer desires to make any changes in the construction drawings and related documents after their approval by the Agency, the Developer shall submit the proposed changes to the Agency for its reasonable approval. The Agency shall approve or disapprove such changes in the same manner as provided in this Article 2 for approval or disapproval of plans, drawings, and related documents initially submitted to the Agency, which approval or disapproval shall be provided within a reasonable time taking into consideration the scope and detail of the plans, drawings and documents submitted. The Developer shall revise any disapproved portions and resubmit them to the Agency as provided in this Article 2. i ios~-oazi~,lo~io~s~i.aoo Section 2.5 Cost of Construction. The cost of constructing all Improvements and all public infrastructure improvements relating to the Project, or required by the City or Agency in connection with the Project, if any, shall be borne by the Developer, provided, however, that it is contemplated that the Developer will use the Agency Loan to assist in payment of the construction loan used to pay such costs. Section 2.6 Local_ State and Federal Laws The Developer shall carry out the construction of the Improvements in conformity with all applicable laws, including all applicable federal, state and local occupation, safety and health laws, rules, regulations and standards. Developer agrees to indemnify, defend and hold Agency harmless from and against any cost, expense, claim, charge or liability relating to or arising directly or indirectly from any breach by or failure of Developer or its contractor(s) or agents to comply with such laws, rules or regulations. The Developer's indemnity obligations set forth in this Section 2.6 shall survive the termination or expiration of this Agreement. Section 2.7 Nondiscrimination During Construction. The Developer, for itself and its successors and assigns, agrees that it shall not discriminate against any employee or applicant for employment because of age, sex, marital status, race, handicap, color, religion, creed, ancestry, or national origin in the construction of the Improvements. ARTICLE 3. LIMITATIONS ON TRANSFERS AND SECURITY INTERESTS Section 3.1 Limitation As To Transfer of the Site and Assignment of Agreement Prior to the Agency's funding of the Agency Loan, the Developer shall not (i) transfer its rights and obligations under this Agreement or (ii) sell, assign, transfer, encumber, pledge or lease the Project without the Agency's prior written consent, which consent maybe granted or withheld at the sole and absolute discretion of the Agency. The Developer acknowledges that the identity of the Developer is of particular concern to the Agency, and it is because of the Developer's identity that the Agency has entered into this Agreement with the Developer. No voluntary or involuntary successor in interest of the Developer shall acquire any rights or powers under this Agreement in violation of the terms hereof. This prohibition shall not be deemed to prevent the (i) granting of easements or licenses to facilitate the construction of the Improvements or the development of the Site, (ii) any mortgage or deed of trust permitted by this Agreement, (iii) any space lease to a retail tenant entered into by the Developer in the normal course of business for improvements other than the Improvements, or (iv) assignment by Developer of its rights and obligations under this Agreement to an affiliate of Developer which is owned and controlled by Developer (as shown by evidence delivered and acceptable to Agency). Upon the Agency's funding of the Agency Loan, the Developer may transfer the Site and assign its interest in this Agreement to any transferee subject to the Regulatory Agreement and the other Loan Documents so long as such transferee agrees to assume and be bound by all of the covenants and conditions set forth in Article 4 of this Agreement. 11087-0021\1071078v1.doc 6 Section 3.2 Security Financing: Right of Holders 3.2.1 No Encumbrances Except Mortgages, Deeds of Trust, or Other Conveyance for Financing For Development. 3.2.1.1 Notwithstanding Section 3.1 or any other provision herein to the contrary, mortgages, deeds of trust, sales and leaseback, or any other form of encumbrance or conveyance required for any reasonable method of construction and permanent financing are permitted but only for the purpose of securing loans of funds to be used for financing the direct and indirect costs of the Project and/or any retail/commercial project on the Site (including reasonable and customary loan fees and costs, and other normal and customary project costs and/or tenant improvement costs). 3.2.1.2 The words "mortgage" and "deed of trust" as used herein include all other appropriate modes of financing commonly used in construction and land development. Any reference herein to the "holder" of a mortgage or deed of trust shall be deemed also to refer to a lessor under a sale and leaseback. 3.2.2 Notice of Default to Mortgage, Deed of Trust or Other Security Interest Holders; Ri t to Cure. Whenever the Agency shall deliver a notice or demand to the Developer with respect to any breach or default by the Developer under this Agreement, the Agency shall at the same time deliver a copy of such notice or demand to each holder of record of any mortgage, deed of trust or other security interest authorized by this Agreement who has previously made a written request to the Agency for special notice hereunder (a "Holder"). No notice of default to the Developer shall be effective against any such Holder unless given to such Holder as aforesaid. Such Holder shall (insofar as the rights of the Agency are concerned) have the right, at such Holder's option, within thirty (30) days after receipt of the notice or such longer period as available to Developer, to cure or remedy any such default and to add the cost thereof to the debt secured by the lien of its security interest. If such default shall be a default which can only be remedied or cured by such Holder upon obtaining possession of the Site, such Holder shall seek to obtain possession of the Site with diligence and continuity through a receiver or otherwise, and shall remedy or cure such default within a reasonable period of time as necessary to remedy or cure such default of the Developer. 3.2.3 Noninterference with Holders. The provisions of this Agreement do not limit the right of Holders to foreclose or otherwise enforce any mortgage, deed of trust, or other security instrument encumbering the Site and the improvements thereon, or the right of Holders to pursue any remedies for the enforcement of any pledge or lien encumbering the Site; provided, however, that in the event of a foreclosure sale under any such mortgage, deed of trust or other lien or encumbrance, or sale pursuant to any power of sale contained in any such mortgage or deed of trust, the purchaser or purchasers and their successors and assigns, and the Site, shall be, and shall continue to be, subject to all of the conditions, restrictions and covenants of this Agreement and all documents and instruments recorded pursuant hereto. i ios~-oazi~,lo~io~s~i.aoo ~ ARTICLE 4. USE OF THE SITE Section 4.1 Use The Developer covenants and agrees for itself, and its successors and its assigns, that the Developer, such successors, and such assignees shall use the Site and every part thereof only for the construction of the Improvements thereon and the commercial/retail improvements on which the Improvements are to be located and, for fifty-five (55) years after the completion of construction of the Improvements (the "Restrictive Covenant Period"), the Improvements shall be used only for affordable rental housing, as required in the Regulatory Agreement. Section 4.2 Tenant Relocation. The Developer covenants and agrees for itself, and its successors and its assigns, that the Developer, such successors, and such assigns, shall take full responsibility for the relocation, if any, of tenants located within the Site, and shall pay all costs and expenses associated with such relocation as may arise from applicable federal and state laws and regulations, including, without limitation, the California Relocation Assistance and Real Property Acquisition statutes and guidelines as amended. Section 4.3 Obligation to Refrain from Discrimination. The Developer covenants and agrees for itself, its successors and assigns, and for every successor in interest to the Site or any part thereof, that there shall be no discrimination against or segregation of any person, or group of persons, on account of sex, marital status, age, handicap, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, and the Developer (itself or any person claiming under or through the Developer) shall not establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Site or any portion thereof. Section 4.4 Form of Nondiscrimination and Nonsegregation Clauses. All deeds, leases or contracts entered into by Developer that relate to the Site or any portion thereof shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: (1) In deeds: "The grantee herein covenants by and for and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group or persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land. i ios~-oazi~,lo~io~s~i.aoo s Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph." (2) In leases: "The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, and that this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of, any person or group or persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the leasing, subleasing, transferring, use, or enjoyment of the land herein leased nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein leased. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph." (3) In contracts: "There shall be no discrimination against or segregation of, any person or group or persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 i ios~-oazi~,lo~io~s~i.aoo 9 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph." Section 4.5 Re u~y Agreement. In order to insure the Developer's compliance with the use restrictions set forth in Section 4.1 hereof, a regulatory agreement ("Regulatory Agreement") shall be recorded against the Site prior to the recording of the Deed of Trust. The Regulatory Agreement shall provide, among other things, that the Developer must use and maintain the Site for the uses described in Section 4.1 for the Restrictive Covenant Period. The Developer shall cause to be recorded, concurrently with the recordation of the Regulatory Agreement, subordination or non- disturbance agreements from all persons and entities holding monetary liens encumbering the Site (including all trust deeds and mortgages). Section 4.b Effect and Duration of Covenants. The following covenants shall be binding upon the Site and Developer, and its successors and assigns, for the following periods and each of which shall be set forth with particularity in any document of transfer or conveyance by the Developer: (1) The use requirements set forth in Section 4.1 shall remain in effect for the Restrictive Covenant Period; and (2) The non-discrimination and non-segregation requirements set forth in Section 4.3 and Section 4.4, respectively, which shall remain in effect in perpetuity. ARTICLE 5. AGENCY LOAN Section 5.1 Conditions for Closing of Loan. The following events are conditions precedent to the Agency's making the Agency Loan, and the dates upon which the above conditions precedent have been fully satisfied by the Developer and/or waived in writing by the Agency, is referred to herein as the "Close of Escrow": (i) the completion ofthe Improvements and the issuance of a Certificate of Occupancy for the Improvements by the City; (ii) the issuance to the Agency of an ALTA Lender's title policy (the "Title Policy"), which insures the Agency's Deed of Trust and is in form and substance (and with endorsements) satisfactory to the Agency; (iii) presentation to the Agency of evidence (such as insurance certif°icates) that the insurance required by the Loan Documents is in effect; (iv) execution and delivery to the Agency of the Loan Agreement, the Promissory Note, Regulatory Agreement, Deed of Trust and a Notice of Affordability Covenants (in i ios~-oazi~,lo~io~s~i.aoo io statutory form), and the recordation ofthe Deed of Trust, the Regulatory Agreement and the Notice of Affordability Covenants in the Official Records of Riverside County, California; (v) delivery to the Agency of evidence acceptable to the Agency that all permits and governmental approvals for the development of the Project and any improvements on which the Project is to be located have been issued or are ready to be issued, all development-related fees (including, without limitation, DIF and TUMF fees and exactions and all permit fees) have been paid, and there are no unsatisfied conditions to the issuance of any such approvals or permits; (vi) approval by the Agency ofthis Agreement; (vii) the absence of a default by Developer under this OPA, the Regulatory Agreement and the Loan Documents; and (viii) the delivery to the Agency of an LLC-1 for the Developer certified by the California Secretary of State, a Good Standing Certificate for the Borrower issued by the California Secretary of State and a copy of Borrower's operating agreement. Section 5.2 Escrow And Escrow Instructions. Upon the execution of this Agreement, Developer and Agency shall deliver a copy ofthis Agreement to Escrow Holder and shall open an escrow for the transactions described herein. This Agreement constitutes the joint escrow instructions of Developer and Agency to Escrow Holder in connection with the Agency Loan. Developer and Agency may supplement such escrow instructions and agree to execute such reasonable supplemental escrow instructions as maybe required by Escrow Holder. Section 5.3 Costs Owner shall pay all escrow, recording and title insurance costs and fees, as well as any inspection fees and costs licensed by the Agency. Section 5.4 Survey. Agency may, at Developer's sole cost and expense, perform and obtain an ALTA survey of the Property prepared by a registered land surveyor licensed by the State of California. Section 5.5 Soil Testing and Inspections. Promptly after the execution ofthis Agreement, Developer will deliver to Agency copies of all documents, reports, and correspondence in the Developer's possession that relate to the physical condition of the Property (including the presence of Hazardous Materials). Until the close of escrow (the "Inspection Deadline"), Agency and its agents may enter upon the Property upon twenty-four (24) hour prior written notice sent to the Agency in order to investigate the environmental condition of the entire Property; provided, however, that Developer's agent may request to be present during such inspections, and Agency shall reasonably accommodate Developer in arranging a mutually convenient inspection time so that Agency or Agency's i ios~-oazi~,lo~io~s~i.aoo ~ ~ agents maybe present. All studies and reports prepared in connection with Agency's inspection of the Property are to be done at the expense of Developer; provided, that Agency shall provide Developer with a copy of all of the reports without cost promptly upon receipt by Agency. Agency, in its sole discretion, may elect to terminate this Agreement and cancel Escrow in the event any physical conditions are not reasonably acceptable to Agency by giving written notice of such termination to Developer on or before the Inspection Deadline (as defined above). Section 5.8 Subordination to Other Loans. The Agency will subordinate the Deed of Trust to the lien securing the primary permanent loan provided Developer is not in default under this Agreement and provided, further. that the Executive Director of the Agency shall have reasonably approved the terms of the construction financing and the terms of the subordination. ARTICLE 6. EVENTS OF DEFAULT. REMEDIES AND TERMINATION Section 6.1 Defaults Subject to the extensions of time set forth in Section 7.9 hereof, the following shall constitute a "Default" under this Agreement by the non-performing Party: (a) a failure to pay any sum due within five (5) business days after written demand by the other party; (b) failure or delay by such Party to perform any term or provision of this Agreement or the Regulatory Agreement or any of the Loan Documents and the failure to cure such default within thirty (34) days after notice is given by one of the Parties hereto to the defaulting Party, unless such breach or default cannot reasonably be remedied in such thirty (34) day period, in which event such Party shall not be in default if it commences to cure such breach or default within such thirty (34) day period and diligently pursues such curing to completion, or (c) filing of a petition under the Bankruptcy Code by or against Developer, or appointment of a receiver or trustee of any property of Developer, or an assignment by Developer for the benefit of creditors, or adjudication by a court, that Developer is insolvent, and the failure of Developer to cause such petition, appointment, or assignment to be removed or discharged within sixty (64) days. The Party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay, and shall complete such cure, correction or remedy with reasonable diligence and during any period of curing shall not be in default. If Developer shall be in default, the obligation of Agency to make or authorize payments to Developer otherwise provided for herein shall be suspended during the period of such default. Except as otherwise expressly provided in this Agreement, any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive such Party of its right to institute and maintain any actions or proceedings which it tnay deem necessary to protect, assert or enforce any such rights or remedies. Section 6.2 Leal Actions 6.2.1 Institution of Legal Actions. t ios~-oa2i~,lo~io~svi.doc 12 Unless otherwise specifically provided in this Agreement, in addition to any other rights or remedies, any Party may institute legal action to cure, correct, or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the proj~isions of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Los Angeles, State of California, in any other appropriate municipal court in that County, or in the Federal District Court in the Central District of California. 6.2.2 Damages and Specific Performance. If any Party defaults with regard to any of the provisions of this Agreement, any nondefaulting Party may serve written notice of such Default upon the defaulting Party. If the Default is not cured or commenced to be cured by the defaulting Party within thirty (30) days after service of the notice of default, the defaulting Party shall be liable to the nondefaulting Party for damages caused by such Default, and, in addition, the nondefaulting Party, at its option, may institute an action for specific performance of the terms of this Agreement and shall have all other rights and remedies available to it at law or in equity, except for any right to claim or recover damage for lost profits. 6.2.3 Termination of Agreement. In addition to the rights and remedies provided in Section 6.2.2, in the event of a Default by either Party beyond all applicable rights provided in this Agreement, the nondefaulting Party, at its option, may terminate this Agreement upon written notice thereof to the defaulting Party. In the event of such termination, all of the provisions of this Agreement shall be of no further force or effect, except for those provisions hereof which expressly provide that they shall survive such termination. 6.2.4 Rights and Remedies Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by any Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by any other Party. 6.2.5 No Personal Liability. Except as specifically provided herein to the contrary, no representative, employee, attorney, agent or consultant of the Agency or City shall personally be liable to the Developer, or any successor in interest of the Developer, in the event of any Default or breach by the Agency, or for any amount which may become due to the Developer, or any successor in interest, on any obligation under the terms of this Agreement. Nor shall any representative, employee, attorney, agent or consultant of the Developer be personally liable to the Agency, or City or any successor in interest of the Agency or City in the event of any default or breach by the Developer, or for any amount which may become due to the Agency or City, or any successor in interest on any obligation under the terms of this Agreerent. 6.2.6 Inaction Not a Waiver of Default. 1ios~-oa21\1o71o~8vl.doc 13 Except as expressly provided in this Agreement to the contrary, any failure or delay by either Party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such party of its rights to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. ARTICLE 7. INDEMNITY The Developer shall indemnify, defend, protect, and hold harmless the Agency and the City and any and all agents, employees, attorneys and representatives of the Agency and the City, from and against all losses, liabilities, claims, damages (including consequential damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out-of-pocket litigation costs and reasonable attorney's fees) and demands of any nature whatsoever, related directly or indirectly to, or arising out of or in connection with: (i) the use, ownership, management, occupancy, or possession of the Site, (ii) any breach or Default of the Developer hereunder, (iii) any of the Developer's activities on the Site (or the activities of the Developer's agents, employees, lessees, representatives, licensees, guests, invitees, contractors, subcontractors, or independent contractors on the Site), including without limitation the construction of any Improvements on the Site, (iv) the presence or clean-up of Hazardous Materials on, in or under the Site to the extent the same was caused by Developer or Developer's affiliates, or, (v) arising from the Developer's ownership, use, possession, improvement, operation, leasing (including tenant relocation) or disposition of the Site, regardless of whether such damages, losses and liabilities shall accrue or are discovered before or after termination or expiration of this Agreement. The Developer's indemnity obligations set forth in this Article shall not extend to any damages, losses, or liabilities incurred by the Agency or the City to the extent such losses or liabilities are caused by or contributed to by the negligent or intentionally wrongful act of the Agency, as finally determined by a court of competent jurisdiction. The Developer's indemnity obligations set forth in this Article shall survive the termination or expiration of this Agreement and shall be in addition to (not in lieu of any other indemnity obligations of Developer in the Loan Documents). Section 7.3 Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) three (3) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested or (c) the next business day after deposit with a nationally reorganized overnight courier, in each instance 11087-0021\1071078v1.doc 14 addressed to the recipient as set forth below. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: Agency: Developer: Section 7.4 Construction. Redevelopment Agency ofthe City of Temecula 43200 Business Park Drive Temecula, CA 92590 Attn: Mr. John Meyer The Warehouse at Creekside, LLC 41911 5th Street, Suite 302 Temecula, CA 92590 Attn: Mr. William Dalton The Parties agree that each Party and its counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. Section 7.5 Developer and Agency Warranties. The Developer warrants and represents to the City and the Agency that the Developer has the requisite power and authority to execute and enter into this Agreement and to consummate the transactions contemplated hereunder. This Agreement constitutes the valid and binding agreement of the Developer, enforceable in accordance with its terms. Neither the execution nor delivery of this Agreement, nor the Regulatory Agreement, nor the consummation of the transactions covered hereby, nor compliance with the terms and provisions hereof, shall conflict with, or result in a breach of, the terms, conditions or provisions of, or constitute a default under, any agreement or instrument to which the Developer is a party. Section 7.6 Interpretation. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association where ever the context so requires. Section 7.7 Time of the Essence. Time is of the essence of this Agreement. Section 7.8 Attorneys' Fees. If any Party brings an action to enforce the terms hereof or declare its rights hereunder, the prevailing Party in any such action shall be entitled to its reasonable attorneys' fees to be paid by the losing Party as fixed by the court. i ios~-oazi~,lo~io~s~i.aoo is Section 7.9 Enforced Delav: Extension of Times of Performance Notwithstanding anything to the contrary in this Agreement, unexcused material failure to complete the Improvements required to be completed according to this Agreement on or prior to the Completion Date shall constitute a Default hereunder; provided, however, nonperformance shall be excused when performance is prevented or delayed by reason of any of the following forces reasonably beyond the control of such party: (i) war, insurrection, riot, flood, severed weather, earthquake, fire, casualty, acts of public enemy, governmental restriction, litigation, acts or failures to act of any governmental agency or entity, including the Agency, or (ii) inability to secure necessary labor, materials or tools, strikes, lockouts, delays of any contractor, subcontractor or supplier. In the event of an occurrence described in clauses (i) and (ii) above, such nonperformance shall be excused and the time of performance shall be extended by the number of days the matters described in clauses (i) and (ii) above prevent or delay performance. Section 7.14 Approvals b~gency and the Developer. Unless otherwise specifically provided herein, wherever this Agreement requires the Agency or the Developer to approve any contract, document, plan, proposal, specification, drawing or other matter, such approval shall not unreasonably be withheld or delayed. Section 7.11 Inspection of Books and Records. Upon reasonable notice, the Agency shall have the right at all reasonable times to inspect the books and records of the Developer pertaining to the Site as pertinent to the purposes of this Agreement. Section 7.12 Developer's Private Undertaking The development covered by this Agreement is a private undertaking, and the Developer shall have full power over and exclusive control of the Site while the Developer holds title to the Site, subject only to the limitations and obligations of the Developer under this Agreement and the Redevelopment Plan. Section 7.13 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. Section 7.14 Acceptance of Service of Process. In the event that any legal action is commenced by any Party against any other Party, service of process on such Party shall be made by personal service upon any agent of such Party (authorized to accept service on such party's behalf} or in such other manner as maybe provided by law and shall be valid whether made within or without the State of California. 11087-0021\1071078v1.doc 16 Section 7.15 Entire Agreement. Waivers and Amendments The Agreement is executed in duplicate originals, each of which is deemed to be an original. This Agreement, together with all attachments and exhibits hereto, constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to the subject matter hereof. No subsequent agreement, representation or promise made by either Party hereto, or by or to any employee, officer, agent or representative of either Party, shall be of any effect unless it is in writing and executed by the Party to be bound thereby. No person is authorized to make, and by execution hereof the Developer and the Agency acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person which is not contained herein shall be valid or binding on the Developer or the Agency. Section 7.16 Severability. Each and every provision of this Agreement is, and shall be construed to be, a separate and independent covenant and agreement. If any term or provision of this Agreement or the application thereof shall to any extent be held to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is invalid or unenforceable, shall not be affected hereby, and each term and provision of this Agreement shall be valid and shall be enforced to the extent permitted by law. Section 7.17 Survival. The provisions hereof shall not terminate but rather shall survive any conveyance hereunder and the delivery of all consideration. IN WITNESS WHEREOF, the parties hereto have entered into this agreement as of the day and year first above written. 11087-0021\1071078v1.doc 17 "DEVELOPER": THE WAREHOUSE AT CREEKSIDE LLC, a California limited liability company By: William R. Dalton, Managing Member By: Todd W. Dalton, Managing Member ATTEST: Bv: Susan W. Jones, MMC City Clerk/Agency Secretary APPROVED AS TO FORM: Richards, Watson & Gershon, a professional corporation By: Peter Thorson, Agency Counsel "AGENCY": REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic Bv: Ron Roberts, Chairperson Temecula Redevelopment Agency i ios~-oazi~,lo~io~s~i.aoo is EYHIBIT "A" LEGAL DESCRIPTION OF PROPERTY The land referred to herein is situated in the State of California, County of Riverside, City of Temecula, described as follows: LOT(S) 17 THROUGH 22, IN BLOCK 29 OF THE TOWN OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 15 PAGE(S) 726, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF ALLEY" VACATED BY RESOLUTION NO. 79-68, RECORDED APRIL 23, 1979 AS INSTRUMENT NO. 80863, OF THE OFFICIAL RECORDS APN: 922-046-012 a-i EXHIBIT "B" SCOPE OF DEVELOPMENT A. General The site consists of property located on the south side of 3rd Street in the City of Temecula. The Total site is approximately 22,500 square feet, with the proposed total building area of 31,520 square feet. The Developer agrees that the Site shall be developed and improved in accordance with the provisions of the Agreement and the plans, drawings, and related documents approved by the Agency and/or City of Temecula pursuant hereto. The Developer shall work with the staff to coordinate the overall design, architecture and color of the improvements to be constructed on the Site. B. Construction of the Improvements The Developer shall construct a 3 story mixed-use building consisting of thirty- t«~o (32) affordable housing units and 3439 square feet of commercial/retail space. The affordable units will consist of 19 one bedroom apartment units @ 626 square feet and twelve (12) two bedroom townhome units @ 967 square feet and one (1) two bedroom apartment unit at 1,075 square feet. The commercial/retail space will be located on the first floor and the affordable units located on the second and third floors. C. Architecture and Design The Development shall be of high architectural quality, including landscaping, and shall be effectively and aesthetically designed, and shall adhere to the Old Town Specific Plan Design Guidelines. The shape, scale of volume, and exterior finish of the building must be visually related to the adjacent buildings within the neighborhood. The building shall be developed with the number of parking spaces approved by the Agency. D. Applicable Codes The Developer's improvements shall be constructed in accordance with the Uniform Building Code and the City of Temecula Ordinances and/ or Municipal Code. B-1 LOAN AGREEMENT This LOAN AGREEMENT (this "Loan Agreement") is made and entered into effective as of August 12, 2008 (the "Effective Date"), by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Agency"), and THE WAREHOUSE AT CREEKSIDE LLC, a California limited liability company ("Borrower"). RECITALS A. Pursuant to that certain Owner Participation Agreement dated as of August , 2008 between Agency and Borrower (the "OPA") and that certain Irrevocable Permanent Loan Commitment dated concurrently herewith, Agency has agreed to provide financial assistance to Borrower for construction of certain improvements on that certain land located in the Temecula Redevelopment Project Area No. 1988-1 (the "Project Area"), in the City of Temecula, County of Riverside, State of California that is more particularly described in Exhibit "A" attached hereto (the "Property") that are to be used for affordable rental housing for low and moderate income persons and families. B. The purpose of this Loan Agreement is to further the Agency's affordable housing goals in the City of Temecula (the "City") by facilitating the construction of nineteen (19) one- bedroom apartments, twelve (12) two-bedroom townhomes and one (1)two-bedroom apartment (each, a "Unit" and collectively, the "Units") on the Property (the "Project") and thereby increase the supply of affordable housing in the City. C. The Agency desires to lend to the Borrower, and the Borrower agrees to borrow from the Agency, $6,000,000 from the Agency's affordable housing set-aside funds as a permanent loan that will repay part of the construction loan for the Project. D. The Project is in the best and vital interests of Agency and the City, and the health, safety and welfare of the residents and taxpayers in the City, and is in accord with the public purposes and provisions of applicable state and local laws. Completion of the Project will eliminate significant blight in the community as required by the Housing Element of the General Plan and the Redevelopment Implementation Plan for the Project Area. FOLLO~?VS: NOW, THEREFORE, THE AGENCY AND THE BORROWER AGREE AS 1. Fundamental Provisions. (a) Amount of Loan: $6,000,000.00. (b) Borrower's Address for Notices: 11087-002111071117v1.doc -1- The Warehouse at Creekside LLC 41911 5th Street, Suite 302 Temecula, CA 92590 Attn: William Dalton 2. Loan Agreement. (a} Agency hereby agrees to lend to Borrower, and Borrower agrees to borrow, on the terms and conditions set forth herein, the amount set forth in Section 1.(a), above (the "Loan"). The Loan shall also include any additional advances made by the Agency in connection with the Project (including improvements on which the Project is to be located and any and all costs of curing defaults under the loan(s) for such improvements) in excess of the amount set forth in Section 1(a) above. The Loan to Borrower shall be evidenced by and conditioned upon Borrower's execution of the OPA and: (i) this Loan Agreement; (ii) a Promissory Note; (iii) a Regulatory Agreement; (iv) a Deed of Trust, Security Agreement and Fixture Filing (with Assignment of Rents) (the "Deed of Trust"); and (v) such other documents relating to the Loan as the Agency may require (collectively, the "Loan Documents"). (b) The Loan shall not bear interest except as may be provided otherwise in the Note. The entire outstanding principal balance shall be forgiven upon the fifty- fifth (SSa') anniversary of the date of the Promissory Note provided no Event of Default by Borrower has occurred under this Loan Agreement or the OPA. (c) The Loan may be prepaid, in whole or in part, without penalty. Borrower shall have not have any right to re-borrow any such prepaid amounts. (d) The Loan must close on or before the date which is two (2) years after the date of this Loan Agreement. 3. Use of Proceeds. Borrower shall use the Loan for the sole purpose of paying the construction loan used to construct the improvements (the "Improvements") described in Exhibit "B" attached hereto (the "Scope of Development"). 4. Conditions to Closing. As a condition precedent to the Agency's Loan, Borrower shall satisfy all conditions to closing in the OPA. All Loan Documents must be in form and substance acceptable to the Agency in the Agency's sole and absolute discretion 5. Disbursement. Provided the conditions to closing have been satisfied and Borrower is not in default under this Loan Agreement or the OPA, Agency, or its authorized agents, shall disburse the Loan proceeds to the escrow described in the OPA with instructions to apply the proceeds to the construction loan provided that escrow has sufficient funds to pay, and actually pays, the entire construction loan and is committed to reconvey the deed of trust securing said construction loan. 6. Completion of Construction. Borrower agrees to commence and complete construction of the Project in accordance with the OPA. 11087-002111071117v1.doc -2- 7. Agency's Remedies. If the Agency should, pursuant to any express provision of the Loan Documents, if any, or in the exercise of the Agency's rights provided by law, cure any default of a mortgage, pay any taxes that are delinquent, or expend any other sums to protect the Agency's security interest in the Property and Improvements, as provided in the Loan Documents or otherwise, such expenditures shall at the Agency's option be charged against the Agency's disbursement obligations as advances on the Loan, or shall be considered additional advances thereunder. 8. Notice of Completion. Borrower shall, upon the reasonable request of the Agency, sign and file for record any notices of completion, notices of cessation of labor or any other notice or written document that the Agency may deem necessary to file or record to protect the Agency's security or interests hereunder. 9. No Liability to Contractors. The Agency shall in no way be liable for any act or omission of Borrower, the architect, general contractor, any subcontractor, any agent of any of them, or any person furnishing labor and/or materials used in or related to such construction. The Borrower shall indemnify, defend, protect and hold harmless the Agency on account of any claims that may be made against the Borrower by the architect, general contractor, any subcontractor, any agent of any of them, or any person furnishing labor and/or materials used in or related to such construction, or any third party on account of any work performed or materials provided by any of them. 10. Hazardous Materials. Borrower shall not release or permit the release of any Hazardous Material into, onto, beneath or from the Property, and any such release of any Hazardous Material into, onto, beneath or from the Property shall be an Event of Default hereunder. The Agency shall have the right to suspend any disbursement of Loan proceeds hereunder upon a reasonable belief of such a present release by, or permitted by, Borrower, of any Hazardous Material into, onto, beneath or from the Property. The Agency may, upon reasonable notice, enter and inspect the Property for the purpose of determining the existence, location, nature and magnitude of any past or present release of any Hazardous Material into, onto, beneath or from the Property upon a reasonable belief of the existence of a past or present release or threatened release of any Hazardous Material into, onto beneath or from the Property. Hazardous Materials are defined in Exhibit "C" attached hereto and incorporated by reference herein. 11. Insurance. Until the repayment or forgiveness of the principal and interest under the Note and the satisfaction of Borrower's obligations under this Loan Agreement, Borrower shall comply with the following. (a) Borrower shall obtain and maintain at no cost or expense to Lender, with a reputable and financially responsible insurance company reasonably acceptable to Lender, both commercial broad form general public liability insurance, (insuring against claims and liability for bodily injury, death, or property damage arising from the construction, use, occupancy, condition, or operation of the Project) and automobile liability insurance. Such general public liability insurance and automobile insurance shall each provide combined single limit protection of at least $2,000,000. Such insurance policy(s) shall name the City and the iios~-oo2nio~iii~~i.ao~ -3- Agency and their elected officials, council members, board members, officers, employees, consultants, independent contractors, attorneys and servants as additional insureds. (i) Before commencement of any work by Borrower on any portion of the Property, Borrower shall obtain and maintain in force until completion of such work (i) "all risk "builder's risk insurance with a combined single limit of at least $2,000,000, including coverage for vandalism and malicious mischief, in a form and with a company reasonably acceptable to the Lender, and (ii) workers' compensation insurance covering all persons employed by Borrower in corulection with work on the Project, or any portion thereof. Such builder's risk insurance shall cover improvements in place and all material and equipment at the job site furnished under contract, but shall exclude contractors', subcontractors', and construction managers' tools and equipment and property owned by contractors' and subcontractors' employees. (ii) Borrower shall also furnish or cause to be furnished to the Lender evidence satisfactory to the Lender that any contractor with whom it has contracted for the performance of work on the Property or otherwise pursuant to this Agreement carries workers' compensation insurance as required by law. (iii) With respect to each policy of insurance required above, Borrower and each of Borrower's general contractors shall furnish to the Lender an insurance certificate on the insurance carrier's form setting forth the general provisions of the insurance coverage (as well as a copy of each insurance policy promptly upon receipt by Borrower). The required certificate shall be furnished by Borrower prior to commencement of the Project. (iv) All such policies required by this Section shall be issued by responsible insurance companies licensed to do business in California with an A.M. Best's rating of no less than A:VIII, be primary and noncontributing, shall be nonassessable and shall contain language to the effect that (i) the policies cannot be canceled or materially changed except after thirty (30) days' written notice by the insurer to the Lender by certified mail, and (ii) the Lender shall not be liable for any premiums or assessments. All such insurance shall have deductibility limits which shall be commercially reasonable. (v) Each policy of insurance required above shall include a waiver by the insurer of all rights it may have to be subrogated to rights against Lender (or its elected officials, council members, board members, officers, employees, agents and representatives) in connection with any insured loss, and Borrower hereby waives any rights it may have against such persons or entities in connection with matters covered by insurance. (vi) Borrower represents and warrants that it has provided a copy of this Loan Agreement to its insurers and that the insurers are aware of all of the obligations of Borrower under this Loan Agreement. 12. Representations and Warranties. Borrower makes the following representations and warranties as of the date of this Loan Agreement and agrees that such representations and warranties shall survive and continue after the Loan is paid: i ios~-oo2nio~i ii~~i.ao~ -4- (a) Authority. Borrower has complied with all laws and regulations concerning Borrower's organization, existence and transaction of business. Borrower has the right and power to own and develop the Property and Improvements thereon as contemplated in the Loan Documents. Borrower has, or at all appropriate times shall have properly obtained, all permits, licenses and approvals necessary to construct, occupy and operate the Improvements on the Property and in so doing has, or shall have (as appropriate), substantially complied with the plans and specifications for construction and all other applicable statutes, laws, regulations and ordinances. (b) Enforceability. Borrower has full right, power and authority to execute and deliver the Loan Documents and to perform the undertakings of Borrower contained in the Loan Documents. The Loan Documents constitute valid and binding obligations of Borrower which are legally enforceable in accordance with their terms, subject to the laws of bankruptcy, creditor's rights exceptions, and equity. (c) No Breach. To the best of Borrower's knowledge, none of the undertakings of Borrower contained in the Loan Documents violates any applicable statute, law, regulation or ordinance or any order or ruling of any court or governmental entity, or conflicts with, or constitutes a breach or default under, any agreement by which Borrower is, or the Property and Improvements thereon are, bound or regulated. (d) Financial Information. To the best of Borrower's knowledge, all financial information delivered to the Agency by Borrower, including, without limitation, information relating to Borrower, the Property, and the Improvements thereon, fairly and accurately represents such financial condition. No material adverse change in such financial condition has occurred. (e) Proceedings. To the best of Borrower's knowledge, Borrower is not in violation of any statute, law, regulation or ordinance, or of any order of any court or governmental entity. Borrower has no actual knowledge of any claims, actions or proceedings pending or threatened against Borrower or affecting the Property or Improvements that are not covered by insurance, other than those disclosed to the Agency in writing. (f) Accuracy. To the best of Borrower's knowledge, all documents, reports, instruments, papers, data, information and forms of evidence delivered to the Agency by Borrower with respect to the Loan are accurate and correct, are complete insofar as completeness may be necessary to give the Agency true and accurate knowledge of the subject matter thereof, and do not contain any material misrepresentation or omission. The Agency may rely on such reports, documents, instruments, papers, data, information and forms of evidence without any investigation or inquiry, and any payment made by the Agency in reliance thereon shall be a complete release in the Agency's favor of all sums so paid. (g) Taxes. Borrower has filed all federal, state, county and municipal tax returns required to have been filed by Borrower and has paid all taxes which have become due pursuant to such returns or to any notice of assessment received by Borrower. Borrower has no knowledge of any basis for additional assessment with respect to such taxes. 11087-002111071117v1.doc -S- (h) Utilities. To the best of Bon•ower's knowledge, all utility services necessary for the development and the occupancy of the Property, including without limitation gas, water, sewage, electrical and telephone, are available at or within the boundaries of the Property or all steps necessary to assure that such utility services will be available upon completion of the Improvements have been taken by Borrower. (i) Impairment of SecuritX. No materials, equipment, fixtures, carpets, appliances, or any other part of the Improvements shall be purchased or installed under conditional sales agreements, leases, or under other arrangements wherein the right is reserved or accrues to anyone to remove or to repossess any such items. This paragraph shall not be construed to prohibit the leasing of tools used for construction of the Improvements. 13. Default of Borrower. (a) Events of Default. The occurrence of any of the following shall constitute an Event of Default by Borrower hereunder. (i) Borrower's failure to pay by the due date any sums or amounts due the Agency under this Loan Agreement, the Promissory Note, the Deed of Trust, the Regulatory Agreement, or any other Loan Document that is not cured within five (5) days after written notice from Agency; (ii) Borrower's breach of any warranty or representation hereunder; (iii) Borrower's breach or default under any of the Loan Documents that is not otherwise described in this Section and failure to cure the same after notice and within the time period described in Section 6.1 of the OPA; (iv) The occurrence of an Event of Default under the OPA. (v) The failure to deliver a monthly progress report under Section 7 of this Loan Agreement and failure to cure such failure within five (5) business days after written notice from the Agency. (vi) Any other act, omission or event which is described as an "Event of Default" elsewhere in this Loan Agreement, the OPA or in any other Loan Document. (b) Remedies. In addition to any other remedies available to Agency at law and equity: (i) Agency may terminate this Loan Agreement; (ii) Borrower shall be liable to Agency for any damages caused by such default, and Agency may thereafter commence an action for damages against Borrower with respect to such default; (iii) Agency may, at Agency's option, commence an action for specific performance of the terms of this Loan Agreement or any other agreement between Borrower and Agency pertaining to such default; (iv) all sums disbursed or advanced by Agency shall, at the option of Agency, immediately become due and payable; (v) the Agency shall be released fiorn any and all further obligations to Borrower under the terms of this Loan Agreement; and (vi) Agency shall have the right to obtain the appointment of a receiver for the Project and related improvements upon exparte motion; and,ror (vii) Agency 11087-002111071117v1.doc -~- may foreclose the Deed of Trust judicially (if a deficiency is sought) or nonjudicially. Agency's rights and remedies under this Loan Agreement include, without limitation, recovery of improper disbursements and overpayments, or reduction of payments and termination of this Loan Agreement. 14. No Waiver; Remedies Cumulative. No disbursement of Loan proceeds shall constitute a waiver of any conditions to the Agency's obligation to make further disbursements nor, in the event Borrower is unable to satisfy any such conditions, shall any such waiver have the effect of precluding the Agency from thereafter declaring such inability to constitute a default under this Loan Agreement. No disbursement of proceeds based upon inadequate or incorrect information shall constitute a waiver of a right to receive a refund thereof. No failure or delay on the part of the Agency in the exercise of any power, right or privilege hereunder or under any of the other Loan Documents shall irnpair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude any other or further exercise thereof or of any other right, power or privilege. All rights and remedies existing under this Loan Agreement or the other Loan Documents are cumulative to and not exclusive of any rights or remedies otherwise available. The Agency's acceptance of less than the entire amount due for any payment on the Promissory Note shall not constitute a waiver by the Agency to thereafter demand the entire amount due. 15. Disbursements in Excess of Maximum Loan Amount. In the event the total disbursements by the Agency exceed the maximum Loan amount, the total of all disbursements shall be secured by the applicable Loan Documents. 1 b. Empowerment of Agency. Borrower does hereby irrevocably appoint, designate, empower and authorize the Agency as Borrower's agent, coupled with an interest, to sign and file for record any notice or written document that the Agency may deem necessary to file or record to protect the Agency's security or interests hereunder. 17. Borrower's IndemnitX of A eg_ncy and CitX. Borrower hereby agrees to, and shall defend (with counsel approved by the Agency), indemnify and hold Agency, the City and their Representatives harmless from and against all claims, liabilities, losses, damages, costs, expenses, or liabilities, including attorneys' fees and court costs, arising from, in connection with, or in any way resulting from (i) Borrower's breach of this Loan Agreement or any of the Loan Documents, (ii) Borrower's negligence or intentional misconduct with respect to the Property or the Improvements or the subject matter hereof, or (iii) the construction of the Improvements, including without limitation, any act or omission of Borrower, the general contractor, the architect, any agent of any of them, or any person furnishing labor and/or materials used in or related to such construction. Agency shall have no liability whatsoever for any acts or omissions of Borrower or its architects, contractors, or agents, or any one of them, or any other person furnishing services, labor and/or material to Borrower in connection with the Property. 18. Assignment of Agreement and Transfer. No assignment or transfer, voluntary or involuntary, maybe made of this Loan Agreement or of any right hereunder, and no attempted transfer shall be binding upon or in any way affect the Agency without the Agency's 11087-002111071117v1.doc -7- prior written consent, ~-hich may be withheld in the Agency's sole and absolute discretion. Borrower acknowledges that the identity of Borrower is of particular concern to Agency, and it is because of Borrower's identity that Agency has entered into this Loan Agreement with Borrower. No voluntary or involuntary successor in interest of Borrower shall acquire any rights or powers under this Loan Agreement. In the event of an assignment or transfer that is not approved by the Agency, the Agency shall have the right to declare the entire principal balance of the Loan and all accrued interest, if any, immediately due and payable. 19. Governing Law; Venue. The laws of the State of California shall govern the interpretation and enforcement of this Loan Agreement. Any action must be instituted in either the Superior Court of the County of Riverside, State of California, or in an appropriate court in that County. 20. Obligation to Refrain from Discrimination. (a) There shall be no discrimination against or segregation of any person, or group of persons, on account of sex, marital status, age, handicap, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, and Borrower (itself or any person claiming under or through Borrower) shall not establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees thereof or any portion thereof. (b) Borrower shall refrain from restricting and shall cause each Unit owner to refrain from restricting the rental, sale or lease of the Property or any portion thereof, on the basis of sex, sexual orientation, age, handicap, marital status, race, color, religion, creed, ancestry or national origin of any person. All such deeds, leases or contracts shall contain or be subject to the nondiscrimination or nonsegregation clauses set forth in the OPA. 21. Severability. If any term or provision of this Loan Agreement or the application thereof shall to any extent be held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Loan Agreement, or the application of such term or provision to circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Loan Agreement shall be valid and shall be enforced to the extent permitted bylaw. 22. Notices. All notices, demands or other communications under this Loan Agreement and the other Loan Documents shall be given in writing by certified or registered snail, postage prepaid, and return receipt requested, by personal delivery or by a nationally recognized overnight courier, addressed to the parties as follows (provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice): To Agency: Temecula Redevelopment Agency 43200 Business Park Drive Temecula, CA 92590 Telephone: (909) 694-6444 11087-002111071117v1.doc -g- Telecopier: (909) 694-1999 Attention: Executive Director With a copy to: Richards, Watson & Gershon 355 South Grand Avenue, 40~' Floor Los Angeles, CA 90071-3101 Attention: Peter M. Thorson, Esq. Telephone: (213) 626-8484 Telecopier: (213) 626-0078 To Borrower: At the address set forth in Section 1(b), above Notices shall be considered given upon the earlier of (a) personal delivery; (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested; or (c) one (1) business day following deposit with a nationally recognized overnight courier. 23. Liti ag_tion. If either party shall be or shall become a party to any legal proceedings instituted primarily against the other party (as determined by the trier of fact) in connection or arising out of the Improvements and/or the Property, or in the event of any dispute between the parties hereto arising out of this Loan Agreement, the losing party (as determined by the trier of fact) shall pay to the prevailing party (as determined by the trier of fact) all sums paid or incurred by the prevailing party as costs and expenses in the legal proceedings, including but not limited to actual attorneys' fees and costs. 24. Successors and Assigns. Subject to the terms and conditions of Section 26 hereof, this Loan Agreement shall be binding upon the parties hereto, their heirs, successors and assigns, and may be amended, altered, revoked, modified or waived, in whole or in part, only by an instrument in writing signed by Borrower and Agency. If more than one person executes this Loan Agreement as Borrower, the obligations of each of such persons hereunder shall be joint and several obligations. 25. Time of Essence. Time is of the essence of this Loan Agreement and of each and every provision hereof. 26. Warrant~gainst Payment of Consideration for this Loan Agreement. Borrower warrants that Borrower has not paid nor given, and will not pay nor give, any third party any money or other consideration for obtaining this Loan Agreement. 27. Nonliability of Agency Gfficials and Employees. No member, official or employee of Agency shall be personally liable to Borrower or any successors in interest in the event of any default or breach by Agency or for any amount which may become due to Borrower or Borrower's successors or on any obligations under the terms of this Loan Agreement. 28. No Third Party Beneficiaries. This Loan Agreement is made for the sole protection of Agency and Borrower and their respective permitted successors and assigns, and no other person or persons shall have any right of action hereon, nor should any laborer, materialman, subcontractor, or other third party rely upon the funds deposited hereunder as a i ios~-oo2nio~i ii~~i.ao~ -9- source of payment for work done or labor and/or materials supplied in respect to the Improvements contemplated hereunder or otherwise, notwithstanding any representation to the contrary made by Borrower, the general contractor or any other person. This Loan Agreement and the other Loan Documents contain all of the terms and conditions agreed to by Borrower, and no other agreement regarding the subject matter of this contract, unless it is in writing and signed by Agency and Borrower, shall be deemed to exist or to bind any party hereto. 29. Agency Approval. Unless specifically provided for herein, the Agency's approval, including, without limitation, approval of the form of the Loan Documents and of amendments to this Loan Agreement, shall be satisfied by the approval of the Agency's Executive Director. 11087-002111071117v1.doc - I Q- IN WITNESS WHEREOF, the parties hereto have entered into this Loan Agreement as of the day and year first above written. Attest: Bv: Susan W. Jones, MMC City Clerk/Agency Secretary "AGENCY": TEMECULA REDEVELOPMENT AGENCY, a public body, corporate and politic Bv: APPROVED AS TO FORM: Richards, Watson & Gershon, a professional corporation Peter Thorson, Agency Counsel Ron Roberts, Chairperson Temecula Redevelopment Agency "BORRO~`'ER": THE WAREHOUSE AT CREEKSIDE LLC, a California limited liability company sy: William R. Dalton, Managing Member By: Todd W. Dalton, Managing IVlember 11087-002111071117v1.doc - 11- EYHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY The land referred to herein is situated in the State of California, County of Riverside, City of Temecula, described as follows: LOT(S) 17 THROUGH 22, IN BLOCK 29 OF THE TOWN OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK 15 PAGE(S) 726, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF ALLEY VACATED BY RESOLUTION NO. 79-68, RECORDED APRIL 23, 1979 AS INSTRUMENT NO. 80863, OF THE OFFICIAL RECORDS APN: 922-046-012 A-1 EXHIBIT "B" A. General The site consists of property located on the south side of 3rd Street in the City of Temecula. The total site is approximately 22,540 square feet, with the proposed total building area of 31,250 square feet. The Developer agrees that the Site shall be developed and improved in accordance t~~ith the provisions of the Agreement and the plans, drawings, and related documents approved by the Agency and/or City of Temecula pursuant hereto. The Developer shall work with the staffto coordinate the overall design, architecture and color of the improvements to be constructed on the Site. B. Construction of the Improvements The Developer shall construct a 3 story mixed-use building consisting of thirty- two (32) affordable housing units and 3439 square feet of commercial/retail space. The affordable units will consist of 19 one bedroom apartment units @ 626 square feet and twelve (12) two bedroom townhome units @ 967 square feet and one (1) two bedroom apartment unit at 1,075 square feet.. The commercial/retail space will be located on the first floor and the affordable units located on the second and third floors. C. Architecture and Design The Development shall be of high architectural quality, including landscaping, and shall be effectively and aesthetically designed, and shall adhere to the Old Town Specific Plan Design Guidelines. The shape, scale of volume, and exterior finish of the building must be visually related to the adjacent buildings within the neighborhood. The building shall be developed with the number of parking spaces approved by the Agency. D. Applicable Codes The Developer's improvements shall be constructed in accordance with the Llniform Building Code and the City of Temecula Ordinances and/ or Municipal Code. B-1 EYHIBIT "C" DEFINITION OF HAZARDOUS 117ATERIALS "Environmental Laws" means all federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Material (as later defined), or pertaining to occupational health or industrial hygiene (and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Materials on, under, or about the Property), occupational or environmental conditions on, under, or about the Property, as now or may at any later time be in effect, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) [42 USCS § 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (RCRA) [42 USCS § 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA) [33 USCS ~ 1251 et seq.]; the Toxic Substances Control Act (TSCA) [15 USCS § 2601 et seq.]; the Hazardous Materials Transportation Act (HMTA) [49 USCS § 1841 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7 USCS ~ 136 et seq.]; the Superfund Amendments and Reauthorization Act [42 USCS § 6901 et seq.]; the Clean Air Act [42 USCS § 7401 et seq.]; the Safe Drinking Water Act [42 USCS § 300f et seq.]; the Solid Waste Disposal Act [42 USCS § 6901 et seq.]; the Surface Mining Control and Reclamation Act [30 USCS § 1241 et seq.]; the Emergency Planning and Community Right to Know Act [42 USCS ~ 11401 et seq.]; the Occupational Safety and Health Act [29 USCS ~ 655 and 657]; the California Underground Storage of Hazardous Substances Act [H & S C § 25280 et seq.]; the California Hazardous Substances Account Act [H & S C § 25300 et seq.]; the California Hazardous Waste Control Act [H & S C § 25100 et seq.]; the California. Safe Drinking Water and Toxic Enforcement Act [H & S C § 24249.5 et seq.]; the Porter-Cologne Water Quality Act [Wat C § 13044 et seq.] together with any amendments of or regulations promulgated under the statutes cited above and any other federal, state, or local law, statute, ordinance, or regulation now in effect or later enacted that pertains to occupational health or industrial hygiene, and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Materials on, under, or about the Property, or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use. "Hazardous Nlaterials" includes without limitation: (a) Those substances included within the definitions of hazardous substance, hazardous waste, hazardous material, toxic substance, solid waste, or pollutant or contaminant in CERCLA, RCRA, TSCA, HMTA, or under any other Environmental Law; (b) Those substances listed in the United States Department of Transportation (DOT) Table [49 CFR 172.141], or by the Environmental Protection Agency (EPA), or any successor agency, as hazardous substances [44 CFR Part 302]; (c) Other substances, materials, and wastes that are or become regulated or classified as hazardous or toxic under federal, state, or local laws or regulations; and D-1 (d) Any material, waste, or substance that is (i) a petroleum or refined petroleum product, (ii) asbestos, (iii) polychlorinated biphenyl, (iv) designated as a hazardous substance pursuant to 33 USCS ` 1321 or listed pursuant to 33 USCS ~ 1317, (v) a flammable explosive, or (vi) a radioactive material. D-2 LEGAL DESCRIPTION LOTS 17 THROUGH 22 OF BLOCK 29 PER MAP RECORDED IN BOOK A5, PAGE 726 OF MAPS SAN DIEGO COUNTY RECORDS. 42081 THIRD STREET TEMECULA, CA 92590, APN 922-046-412, .52 ACRES, LOCATED ON THE SOUTH SIDE OF 3~ STREET. WEST OF OLD TOWN FRONT STREET. REDEVELOPMENT AGENCI' OF THE CITY OF TEMECULA 43200 BUSINESS PARK DRIVE TEMECULA, CA 92590 August , 2008 The Warehouse at Creekside, LLC 41911 5th Street, Suite 302 Temecula, CA 92590 Attn: VL~illiarn Dalton Re: Irrevocable Permanent Loan Commitment for The Warehouse at Creekside LLC Loan Amount: $6,000,000 Property: 42081 3`a Street, Temecula, CA 92590 APN: 922-06-012 Gentlemen: This letter constitutes our irrevocable permanent loan commitment ("Commitment") whereby Agency shall loan Borrower the sum of up to Six Million Dollars ($6,000,000) ("Agency's Permanent Loan") on the following terms and conditions: 1. Permanent Lender: 2. Construction Lender: 3. Borrower: 4. Agency's Permanent Loan Amount: 5. Term of Commitment: Redevelopment Agency of the City of Temecula ("Agency'. Commercial Bank of California ("Bank") 695 Town Center Drive, Suite 100 Costa Mesa, CA 92626 The Warehouse at Creekside LLC, a California limited liability company ("Borrower") $6,000,000 (maximum) 24 months from date of this letter. 6. Terms: 55 years; no interest and no payments if conditions of OPA (as defined in Paragraph 11) are met. Loan documents to be in form acceptable to Agency. 7. Security: Second trust deed on the real property and mixed use (commercial/residential) building to be constructed at 42801 Third Street, Temecula, CA 92590 ("the Project"). (APN 922-046-012). The improvements ("Improvements") shall include nineteen (19) one- bedroom apartments, twelve (12) two-bedroom townhomes and one (1)two-bedroom apartment (the "Project"). Agency trust deed to be recorded at funding. The initial construction loan, and any 11087-002111071074~~1.doc refinance of the construction loan, shall: (i) have an interest rate not to exceed the prevailing market rates for similar loans; and (ii) the principal amount shall not exceed an amount which, when added to the Agency's Permanent Loan is 100% of the value of the Project upon completion. 8. Regulatory Agreement: Prior to funding and recording the deed of trust in favor of the Agency, a Regulatory Agreement as defined in §4.5 of the OPA shall be recorded against the Project and must be senior to any and all liens encumbering the Praj ect. 9. Purpose: In reliance on this commitment letter, Bank will make a construction loan in a principal amount of up to $8,500,000 to Borrower ("the Construction Loan"). The loan proceeds of the Agency's Permanent Loan shall be far the sole purpose of paying down the Construction Loan (to the extent it was used for the Project) when the conditions set forth in Paragraph 10 are met. 10. Conditions to Funding: In no event shall the Agency be obligated to fund the Agency's Permanent Loan prior to July 1, 2009 or after the expiration of this commitment. In addition to the other requirements herein, satisfaction of the following are conditions to the Agency's funding of the Agency's Permanent Loan: (a) Borrower shall have completed the Improvements; (b) Borrower shall have obtained and there shall remain in effect a Certificate of Occupancy far the Improvements; (c) Borrower shall cause a Notice of Completion (as described in California Civil Code §3093) with respect to the Improvements to be recorded in the Official Records of Riverside County, California; (d) there shall be issued to Agency an ALTA lender's title policy which insures the Agency's deed of trust, that is acceptable in form and substance to the Agency and insures the lien of the Agency's deed of trust as a second priority lien (subordinate only to the lien securing the unpaid balance of the construction loan); (e) presentation to Agency of evidence (such as insurance certificates) of such fire and casualty insurance on the Project as may be required by Agency. The insurance carrier providing the insurance shall be chosen by Borrower subject to Agency's approval, which shall not be unreasonably withheld, and the policy shall include a standard mortgagee loss payable clause. 11. Owner Participation Agreement: Bank shall not be bound by the terms of the OPA or any other documents between Agency and Borrower. 11087-002111071074v1.doc 12. Assignment: Borrower may assign this Commitment to Bank or any other lender providing construction financing. DATED: August , 2008 AGENCY: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic By: ATTEST: By: Susan Jones, CMC City Clerk Agency Secretary Ron Roberts Temecula Redevelopment Agency Chairperson BORROWER: THE WAREHOUSE AT CREEKSIDE LLC, a California limited liability company By: William R. Dalton, Managing Member By: Todd W. Dalton, Managing Member APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON a professional corporation By: Peter Thorson, Agency Counsel 11087-002111071074~~1.doc ASSIGNMENT OF COMMITMENT LETTER For value received, THE WAREHOUSE AT CREEKSIDE LLC ("Assignor"}, hereby assigns to COMMERCIAL BANK OF CALIFORNIA ("Assignee") all of Assignor's right, title and interest in and to that commitment certain loan letter dated August , 2008 ("Commitment Letter"} between Assignor and the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA. A copy of the Commitment Letter is attached to this Assignment. This Assignment is irrevocable and shall be binding on and inure to the benefit of the respective heirs, devisees, legatees, executors, administrators, trustees, successors, and assigns of the parties to this Assignment. This Assignment is governed by and construed in accordance with California law. Executed , 2008 at Temecula, California. ASSIGNOR: ASSIGNEE: THE WAREHOUSE AT CREEKSIDE LLC, a California limited liability company COMMERCIAL BANK OF CALIFORNIA By: William R. Dalton, Managing Member By: Todd ~~'. Dalton, l~•Zanaging Member By: Print Name: Title: 11087-002111071074~~1.doc CONSENT TO ASSIGNMENT The undersigned consents to the assignment of the letter of commitment between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA and THE WAREHOUSE AT CREEKSIDE LLC dated ~ 2448 to COMMERCIAL BANK OF CALIFORNIA. Executed , 2448 at Temecula, California. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA By: RON ROEERTS, Chairman 11087-002111071074~~1.doc PRO FORMA ANALYSIS The Warehouse at Creekside Bill Dalton City of Temecula July 22, 2008 TABLE 1 PROJECT DESCRIPTION THE WAREHOUSE AT CREEKSIDE CITY OF TEMECULA I. Site Area (~ } II. Project Type III. Gross Building Area Residential Area Commercial Area Covered Common Area/Circulation Subtotal Gross Building Area (GBA) Add: Uncovered Common Area Add: Residential Balconies Grand Total Gross Building Area (GBA) IV. Number of Units One Bedroom Flat Two Bedroom Flat Two Bedroom Townhome Total V. Construction Type VI. Number of Stories VII. Parking Type Parking Area Parking Area Per Space Parking Spaces Parking Ratio 3 Stories At-grade parking/encapsulated 13,846 SF 433 SFISpace (1 } Net of 6,000 SF within Murrieta Creek flood plain. 22,500 SF 0.52 Acres Affordable Mixed-Use Development 24,575 SF 78% 3,439 SF 11% 3,556 SF 11% 31,570 SF 100% 9,387 SF 1,760 SF 42,717 SF Number of Units Unit Size 19 Units 626 SF 1 Unit 1,075 SF 12 Units 967 SF 32 Units 768 SF Type V (residential) over Type I (parking) 32 Spaces 1.0 SpaceslUnit Prepared by: Keyser Marston Associates, Inc. Filename: i:TemeculalThe Warehouse at Creekside;7/22/2008;rks TABLE 2 DEVELOPMENT COSTS THE 1111AREHOUSE AT CREEKSIDE CITY OF TEMECULA Totals Per Unit Notes I. Direct Costs Off-Sites (1) $280,000 $8,750 $12 Per SF Site On-Sites/Landscaping $40,000 $1,250 $2 Per SF Site Parking - At-Grade/Encapsulated $640,000 $20,000 $20,000 Per Space Shell Construction $4,605,000 $143,906 $146 Per SF GBA (a) Tenant Improvements $250,000 $7,813 $73 Per SF -Comm. Contingency $500,000 $15,625 8.6% of Directs Total Direct Costs $6,315,000 $197,344 $200 Per SF GBA (a) II. Indirect Costs Architecture & Engineering $650,000 $20,313 10.3% of Directs Permits & Fees (1)(z) $934,000 $29,188 $30 Per SF GBA (a) Taxes & Insurance $45,000 $1,406 0.7% of Directs Legal & Accounting $20,000 $625 0.3% of Directs Developer Fee $250,000 $7,813 4.0% of Directs Marketing/Lease-Up -Commercial $20,000 $625 $6 Per SF -Comm. MarketinglLease-Up -Residential $30,000 $938 Allowance Contingency $0 $0 0.0% of Indirects Total Indirect Costs $1,949,000 $60,906 30.9% of Directs III. Financing Costs Loan Fees $155,000 $4,844 2.5% of Directs Interest During Construction $620,000 $19,375 9.8% of Directs Interest During Lease-Up $50,000 $1,563 0.8% of Directs Total Financing Costs $825,000 $25,781 13.1% of Directs IV. Total Development Costs wIo Acquisition $9,089,000 $284,031 $288 Per SF GBA (4) V. Add: Acquisition Costs (s) $1,300,000 $40,625 $58 Per SF Site VI. Total Development Costs wlAcquisition $10,389,000 $324,656 $329 Per SF GBA (a) Or Say (Rounded) $10,389,000 (1) Per Developer; not verified by KMA or City. (z) Includes contingency of $160,000. (3) Per Developer; based on actual sales price. (4) Reflects GBA net of residential balconies and uncovered common area. Prepared by: Keyser Marston Associates, Inc. Filename: i:TemeculalThe Warehouse at Creekside;7/22/2008;rks TABLE 3 NET OPERATING INCOME -RESIDENTIAL THE 1NAREHOUSE AT CREEKSIDE CITY OF TEMECULA I. Gross Scheduled Income One Bedroom Flat @ 60% of AMI Two Bedroom Flat @ 60% of AMI Two Bedroom Townhome @ 110% of AM I Manager's Unit Total/Average -All Units Add: Other Income Add: Parking Income Gross Scheduled Income (GSI) II. Effective Gross Income (Less) Vacancy Effective Grass Income (EGI) III. Operating Expenses (Less) Operating Expenses (Less) Property Taxes {1) (Less) Reserves Total Operating Expenses IV. Net Operating Income (NOI} -Residential Or Say (Rounded} $10 /UnitlMonth $3,800 $0 lUnittMonth $0 $345,800 5.0% of GSI $1( 7,300} $328,500 $3,000 /UnitlYear ($96,000) $1,169 IUnit/Year ($37,400) $250 /UnitlYear $f 8,000} $4,419 /UnitlYear ($141,400) 43.0% of EGI $187,100 $187,000 V. Capitalized Value of Residential NOI @ Per Unit (1) Based on capitalized income approach; assumes a 1.10°!o tax rate and 5.5% cap rate. Unit Size Units (Month ISF Annual GSI 626 SF 19 $670 $1.07 $153,000 1, 075 S F 1 $742 $0.69 $9, 000 967 SF 12 $1,250 $1.29 $180,000 0 SF 0 $0 $0.00 $0 768 SF 32 $891 $1.16 $342,000 5.5% Cap Rate $3,400,000 $106,000 Prepared by: Keyser Marston Associates, Inc. Filename: i:TemeculalThe Warehouse at Creekside;7/22/2008;rks TABLE 4 NET OPERATING INCOME -COMMERCIAL THE 1111AREHOUSE AT CREEKSIDE CITY OF TEMECULA I. Grass Scheduled Income (GSI) Commercial Rent 3,439 SF II. Effective Gross Income (Less) Vacancy Effective Gross Income (EGI) III. Expenses (Less) Unreimbursed Expenses IV. Net Operating Income (NOI) -Commercial Or Say {Rounded) ISF Annual GSI $2.75 1SF NNN $113,000 10.0% of GSI $1~ 1,000) $102,000 5.0% of EGI $( 5, 000) $97,000 $97,000 V. Capitalized Value of Commercial NOI @ 5.5% Cap Rate $1,764,000 $513 /SF Prepared by: Keyser Marston Associates, Inc. Filename: i:TemeculalThe Warehouse at Creekside;7/22/2008;rks TABLE 5 FINANCING DEFICIT THE IlllAREHOUSE AT CREEKSIDE CITY OF TEMECULA I. Capitalized Value of NOI Residential Value Commercial Value Total Capitalized Value of Project (Less) Cost of Sale (Less) Developer Profit II. Supportable Investment (Less) Total Development Costs III. Residual Land Value (Less) Total Acquisition Costs IV. Financing Deficit Per Unit $3, 400, 000 $1, 764, 000 $x,164, 000 3.0% of Value ($15,000) 12.0% of Value ($620,000} $4, 389, 000 ($9, 089, 000 ($4, 700, 000) x$1,300,000} ($6,000,000) t$~ss,ooo} Prepared by: Keyser Marston Associates, Inc. Filename: i:TemeculalThe Warehouse at Creekside;7/22/2008;rks TABLE 6 SOURCES AND USES BY COMPONENT THE WAREHOUSE AT CREEKSIDE CITY OF TEMECULA Gross Building Area (GBA) SF 2$,131 3,439 31,570 $9% 11% 100% Residential Commercial Total I. Uses Land $1,158, 000 $142, 000 $1, 300, 000 Direct Costs $5,460,000 $855,000 $6,315,000 Indirect Costs $1, 696, 000 $253, 000 $1, 949, 000 Financing Costs $713,000 $112,000 $825,000 Total Uses $9,027,000 $1,362,000 $10,389,000 11. Sources Conventional Loan (1) $2,144,000 $1,112,000 $3,256,000 Required Developer Equity $883,000 $250,000 $1,133,000 Agency Loan $6,000,000 $0 $6,000,000 Total Sources $9,027,000 $1,362,000 $10,389,000 Agency Financial Assistance Total Assistance $6,000,000 of Cost 66% (1) Maximum supportable permanent loan based on 1.15 debt service coverage, 6.5% interest, and 3Q-year term. Prepared by: Keyser Marston Associates, Inc. Filename: i:TemeculalThe Warehouse at Creekside;7/22/2008;rks PUBLIC HEARING ITEM N~}. 23 Approvals City Attorney S~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: August 12, 2008 SUBJECT: First Reading of the Amendment to the City of Temecula's Grading, Erosion and Sediment Control Ordinance PREPARED BY: Daniel A. York, Deputy Director of Public Works /City Engineer RECOMMENDATION: That the City Council: 1. Introduce and read by title only an ordinance entitled ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 18 OF THE TEMECULA MUNICIPAL CODE TO PROVIDE CONSISTENCY WITH THE ADOPTION OF THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE INCLUDING APPENDIX `J' AND TO MAKE OTHER MINOR CLARIFICATIONS AND CORRECTIONS BACKGROUND: The City Council adopted the Grading, Erosion and Sediment Control Ordinance on May 11, 2004 per Ordinance 04-04. Since its adoption, the City Council recently adopted by reference the 2007 edition of the California Building Code per Ordinance 07-17. Therefore, in order to maintain consistency, this Ordinance proposes minor clarifications and corrections consisting of the following: 1. Correcting references to the 2007 edition of the California Building Code; 2. Correcting references to the Grading Manual; 3. Adding or revising wording and definitions for consistency and clarity purposes; The Public Works Land Development Division held a Community Workshop on May 28, 2008 to introduce the amended Ordinance to the engineering and development community. Also, the Planning Commission approved a recommendation for this amendment on July, 16, 2008 per PC Resolution 08-35. ENVIRONMENTAL DETERMINATION: Staff reviewed the proposed amendment to Title 18 of the Temecula Municipal Code incompliance with the provisions of the California Environmental QualityAct ("CEQA"}and determined thatthese proposed amendments are minor clarifications or typographical corrections of the Code. Staff is proposing an exemption from the requirements of CEQA pursuant to Title 14 of the California Code of Regulations, Section 15061 {b)(3) because it can be seen with certaintythat there is no possibility that the proposed amendments to Title 18 of the Temecula Municipal Code may have a significant effect an the environment. FISCAL IMPACT: None. ATTACHMENTS: Proposed Ordinance Redline version of current Grading Ordinance 04-04 PC Resolution 08-35 with Action Agenda ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 18 OF THE TEMECULA MUNICIPAL CODE FOR GRADING, EROSION AND SEDIMENT CONTROL TO PROVIDE CONSISTENCY 1NITH THE ADOPTION OF THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE INCLUDING APPENDIX `J' AND TO MAKE OTHER MINOR CLARIFICATIONS AND CORRECTIONS THE CITY COUNCIL OF THE CITY OF TEMECULA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby amends Section 18.01.040 of Chapter 18.01 of the Temecula Municipal Code to read as follows: "18.01.040 Grading Manual The city engineer shall formulate a manual setting forth the administrative procedures and technical requirements necessary to implement the provisions of this Title. Such rules, procedures, and requirements shall be entitled "The City of Temecula Administrative and Technical Procedures Manual for Grading, Erosion and Sediment Control" ("Grading Manual"}. The city engineer shall have the authority to change, update or revise the Grading Manual as necessary in order to implement the provisions of this Title and all revisions thereto arising from time to time. In the event of any conflict between the Grading Manual and this Title, the more restrictive provisions shall govern. The provisions of the Grading Manual shall, to the extent they are made conditions of a permit by the city engineer, be binding upon the permittee and those claiming under said permittee." Section 2. The City Council of the City of Temecula hereby amends Section 18.01.060 of Chapter 18.01 of the Temecula Municipal Code to read as follows: "18.01.060 Purpose This Title is enacted for the purpose of regulating grading activity an property within the city limits of the City to safeguard life, limb, health, property and public welfare; to avoid discharges of pollutants such as sediment, hazardous materials, wastes and debris from entering public ar private storm water conveyance facilities and surface waters; and to ensure that the intended use of a graded site within the city limits is consistent with the City's General Plan, any specific plans adopted thereto and all applicable City ordinances and zoning regulations." 1 Section 3. The City Council of the City of Temecula hereby amends Section 18.01.080 of Chapter 18.01 of the Temecula Municipal Code to read as follows: "18.01.080 Scope This Title sets forth rules and regulations, which reflect the minimum acceptable methods or actions to control land disturbances, landfill, soil storage, pollution and erosion and sedimentation resulting from construction, grading, excavation and land clearing activities. This Title establishes procedures for issuance, administration and enforcement of permits for such activities. Any such grading activities within the city limits of the City shall conform to the provisions of this Title and the Grading Manual and other applicable provisions of this Code and the California Building Code, as adopted and amended by the City, together with all other conditions of approval. In the event that a particular topic is not covered in either this Title ar the Grading Manual, the applicable provisions of this Code or the California Building Code, as adopted and amended by the City, shall govern. If a conflict arises between this Code or the California Building Code, the more restrictive provision shall govern, unless otherwise approved by the city engineer." Section 4. The City Council of the City of Temecula hereby amends the heading of Chapter 18.03 of the Temecula Municipal Code to read as follows: "ARTICLE 2. Permits" Section 5. The City Council of the City of Temecula hereby amends Section 18.03.040 of Chapter 18.03 of the Temecula Municipal Code to read as follows: "18.03.040 Permit Exemptions A. An excavation below the existing finished grade far re-compaction within the building zone (within five feet {5'} of footings} or for basements and footings for a building, mobile home, retaining wall, septic system, well or structure authorized by a building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than two feet {2'} afker the completion of such structure. Regardless of exemption, the Public Works Department shall be notified of activity. B. Cemetery graves; C. Refuse disposal sites controlled by other statutorily authorized regulations or agencies; D. Earthwork or construction controlled by the federal, state, county or city governments, or by a local agency as defined by Government Code Section 53090 through 53095 {special districts}. This exemption, however, shall apply only when the grading activity takes place on the property, or dedicated rights-of-way or easements of the above agencies; 2 E. Excavation and backfill for installation of underground utilities by public utilities or companies operating under the authority of a franchise or public right-of-way permit; F. Mining, quarrying, excavating, processing stockpiling of rock, sand, gravel, aggregate or clay for commercial purposes where established and provided for by a conditional use permit, provided such operations do not affect the lateral support of any adjacent or adjoining properties, or alter the direction of, or contribute to, sedimentation to natural watercourses. G. Exploratory excavations under the direction of civil engineers, geotechnical engineers, engineering geologists, and/or archaeologists or paleontologists, or pursuant to a well permit, provided all excavations are properly backfilled or otherwise restored. All such elevations and trenches are subject to the applicable sections of Title 8 of the State Orders, Division of Industrial Safety and the following: 1. When such work involves removal of any native vegetation, it shall be accompanied by an administrative clearing permit in accordance with Section 18.09.120 (C}, "Administrative Clearing Permit" of this Title. Any access roadways or pads constructed for this work shall only be constructed as approved in the administrative clearing permit and shall be restored as required in the permit. H. An excavation not intended to support structures or mobile homes and which {a} is less than two feet (2'} in vertical depth or (b} does not create a cut slope greater than three feet {3'} in vertical height and steeper than two horizontal to one vertical (2:1 }. This exemption shall not apply when finish grading is proposed, subsequent to a permit authorizing rough grading in accordance with Section 18.09.120(A), "Types of Grading Permits" of this Title. I. A fill less than one foot (1') in vertical depth, placed on natural terrain with a slope flatter than five horizontal to one vertical (5:1 }, or less than three feet {3'} in depth, not intended to support structures or mobile homes, which does not exceed fifty {50} cubic yards on any site and does not obstruct a drainage course. This exemption shall not apply when finish grading is proposed, subsequent to a permit authorizing rough grading in accordance with Section 18.09.120(A}, "Types of Grading Permits" of this Title. J. The construction or maintenance of roads or facilities far the generation, storage or transmissions of water including floodwaters or electrical energy by public agencies or their agents. Work may be subject to Water Quality Management Plan {WQMP} requirements. A WQMP project includes the construction or reconstruction of 5,000 square feet of impervious surface in a parking lot, street, road or highway. K. The maintenance of private roads by private individuals or their agents, but not the construction or widening of such roads. L. Clearing and brushing when directed by the Fire Chief to mitigate a potential fire hazard in accordance with Title 8, Chapter 8.16, "Hazardous 3 Vegetation," of the Temecula Municipal Code with the concurrence of the Director of Planning that such clearing and brushing will not cause significant damage to any habitat of any rare, endangered or protected species of wildlife or endanger any archaeological or historical resources, open space areas with biological significance, or transition areas between land to be cleared for fire fuel mitigation and permanent open space. M. Clearing and brushing, expressly for the following purposes 1. Routine landscaping and maintenance of already landscaped areas and the removal of dead or diseased trees or shrubs. 2. Clearing which conforms to the location, extent and purpose authorized explicitly by a construction permit pursuant to a discretionary land use permit or a discretionary development permit. An Administrative Clearing Permit, in accordance with Section 18.09.120 (C) of this Title, shall be required for any purpose that is not specifically addressed by the construction permit. N. Repaving, resurfacing and maintenance of existing private roads and parking lots and the preparation necessary for that work, provided no grading beyond the limits of other exemptions is performed. O. Minor maintenance and alterations to natural drainage areas that do not: 1. Obstruct or redirect drainage from adjacent properties, nor 2. Divert the outflow of drainage from the existing or natural discharge paint of the property, nor 3. Concentrate or accelerate the flow of drainage as it leaves the property, nor 4. Create ponding, siltation or erosion in or of the streambed, nor 5. Disturb wetlands Note: The above listed exemptions do not apply to clearing, grubbing, brushing, disking or grading when: 1. Work will occur in, or physically impact, designated or dedicated open space or environmentally sensitive areas designated in the General Plan, or the finally adopted plan of any public agency or governmental office with jurisdiction over the site, or shown on any approved Specific Plan; or 2. Work will occur in any waterway or wetland, stream, river, channel, pond, lake, marsh, bog, lagoon, vernal pool or riparian habitat, except as provided in exemption "P", below; or 3. Work will occur in any floodway or floodplain as shown on the Federal Emergency Management Agency (FEMA) Flood Plain Maps, or on City revised maps except as provided in subsection "P", below." 4 Section fi. The City Council of the City of Temecula hereby amends Section 18.06.040 of Chapter 18.06 of the Temecula Municipal Code to read as follows: "18.06.040 Plans and Specifications A. Each application for a grading permit shall be accompanied by plans and specifications, soils engineering and geotechnical reports, hydrologylhydraulic reports, erosion and sediment control plans, proof of coverage under the State General Permit for construction activities and all other information required by the city engineer as in the Grading Manual, and payment of the appropriate fees. In addition, a conceptual Water Quality Management Plan (WQMP} must be accepted by the city engineer prior to issuance of final conditions of approval. A final WQMP must be accepted by the city engineer prior to issuance of a grading permit. B. Plans and specifications for grading projects requiring permits as defined in Section 18.03.020, "Permits Required" of this Title shall be prepared and signed by the engineer of record. This requirement may be extended to any project when, in the opinion of the city engineer, drainage or geologic factors may warrant a need for civil engineering design and control. C. Grading plans and specifications shall be prepared in accordance with the Grading Manual." Section 7. The City Council of the City of Temecula hereby amends Section 18.06.060 of Chapter 18.06 of the Temecula Municipal Code to read as follows: "18.06.060 Geotechnical {Soils) Reports A. Surface and Subsurface Conditions. The city engineer shall require a geotechnical report to correlate surface and subsurface conditions with the proposed grading plan. The results of the investigation shall be presented in a report in conformance with the requirements of this Title and the Grading Manual. B. Supplemental Reports/Data. The city engineer shall require such supplemental reports and data, as he deems necessary, upon his review of the site and the reports and other data submitted. Such required data may include tests for soil fertility and agricultural suitability to be performed at the conclusion of rough grading by a recognized agronomic soil-testing laboratory, with written analysis and recommendation, to be utilized during any required re-vegetation. C. Waiver of Geotechnical Report Requirements. For a specific project, the city engineer may determine that the geological and geotechnical conditions at the site are such that public safety is adequately protected and no mitigation is required. This finding shall be based on a report presenting evaluations of site in the immediate vicinity having similar geologic and geotechnical characteristics. The report shall be prepared by a certified engineering geologist or registered civil engineer, having competence in the s field of seismic hazard evaluation and mitigation. The city engineer shall provide a written commentary that addresses the report conclusions as justification for waiving the requirement of a geotechnical report for the project. All such waivers shall be recorded with the county recorder and a separate copy, together with the report and commentary, shall be filed with the State Geologist within 30 days of the waiver, in accordance with Public Resources Code Section 2697(a)." Section 8. The City Council of the City of Temecula hereby amends Section 18.Ofi.080 of Chapter 18.Ofi of the Temecula Municipal Code to read as follows: "18.06.080 Seismicity Reports -Alquist-Priolo Earthquake Fault Zoning Act A seismicity report shall be required as a condition for issuance of a grading permit for all grading applications associated with subdivisions {tracts}; all grading projects that propose development with occupancy category II, III, IV structures as shown in table 1604A.5 of the California Building Code; and all real estate development that lies within an earthquake fault zone. Said reports shall comply with the requirements of the Alquist-Priolo Earthquake Fault Zoning Act {Public Resources Code, Section 2621, et seq.) and as specified in the Grading Manual." Section 9. The City Council of the City of Temecula hereby amends Section 18.06.100 of Chapter 18.06 of the Temecula Municipal Code to read as follows: "18.06.100 Dust Control and Prevention Plan Dust control and prevention procedures shall be employed while construction activity occurs to minimize wind borne particles. At minimum, all grading operations, land clearing, loading, stockpiling, landscaping, vehicular track-out and haul routes shall comply with South Coast Air Quality Management District (SCAQMD) Rule 403 {Fugitive Dust Emissions) and the Grading Manual." Section 10. The City Council of the City of Temecula hereby amends Section 18.06.120 of Chapter 18.06 of the Temecula Municipal Code to read as follows: "18.06.120 Haul Route Plan Where soil or construction materials are moved on public roadways from or to the site of a grading operation, a haul route plan shall be approved by the city engineer in accordance with the Grading Manual. Deviation from the designated haul route shall constitute a violation of the conditions of the permit issued under this Title. Vehicular track-out shall be controlled, as directed by the city engineer, to prevent sediment deposition outside of the project site boundaries." b Section 11. The City Council of the City of Temecula hereby amends Section 18.06.140 of Chapter 18.06 of the Temecula Municipal Code to read as follows: "18.06.140 Erosion and Sediment Control Plan All grading plans, regardless of the date of submittal, shall include an erasion and sediment control plan designed to limit erosion and sediment discharges of all disturbed portions of the property and to minimize the transport of soil onto adjacent properties or into storm water conveyance systems in accordance with the provisions of Chapter 18.15 of this Title and the Grading Manual." Section 12. The City Council of the City of Temecula hereby amends Section 18.06.160 of Chapter 18.06 of the Temecula Municipal Code to read as follows: "18.06.160 Expiration and Renewal of Grading Application Submittals A. Applications for which na permit is issued within 180 days {6 months} following the date of application shall expire, and plans submitted for checking may thereafter be returned to the applicant or may be destroyed by the city engineer without additional notice to the applicant. B. The city engineer may extend the time for action by the applicant for a period not exceeding 180 days {6 months) upon written request by the applicant showing that circumstances beyond the reasonable control of the applicant have prevented action from being taken. C. In order to renew action for an application after expiration, the applicant shall resubmit grading submittal package and pay the most current plan check fee. D. Plan check fees shall be forfeited for all expired permits." Section 13. The City Council of the City of Temecula hereby amends Section 18.09.040 of Chapter 18.09 of the Temecula Municipal Code to read as follows: "18.09.040 Responsibility of Permittee It shall be the responsibility of the permittee to be knowledgeable of the conditions andlor restrictions placed on the permit as outlined in the applicable sections of this Title, the Grading Manual, and as contained on the approved grading plans and geotechnical reports. The permittee shall also be responsible for maintaining a copy of the permit and approved plans at the work site, and implementing the applicable requirements of the City's Standard Grading Notes, as identified in the Grading Manual." Section 14. The City Council of the City of Temecula hereby amends the heading of Section 18.09.100 of Chapter 18.09 of the Temecula Municipal Code to read as follows: "18.09.100 Tentative Subdivision or Conditional Use Permit Required" Section 13. The City Council of the City of Temecula hereby amends Section 18.09.120 of Chapter 18.09 of the Temecula Municipal Code to read as follows: "18.09.120 Types of Permits A. Mass, Rough or Precise Grading. The city engineer may issue a mass, rough or precise grading permit for grading work upon completion of an application in accordance with the Grading Manual. The issuance of building permits shall be determined as follows: 1. Building permits may be issued for a site graded under a precise grading permit or plan upon completion and approval of the rough grade inspection as specified in the Grading Manual. 2. Building permits shall not be issued for a site graded under a rough grading permit unless a precise grading permit or plan has been issued. B. Stockpiling. Upon approval by the Planning Commission, a stockpile permit may be issued far the stockpile of soil materials on a lot or parcel provided that the soil materials shall be removed from the site or compacted and graded thereon under a subsequently issued mass, rough or precise grading permit within six (6} months of issuance of a stockpile permit, unless modified by the Planning Commission, in accordance with the Grading Manual. C. Administrative Clearing. No person shall commence any clearing and grubbing operation without first obtaining a grading or administrative clearing permit in accordance with the Grading Manual. D. Barrow Sites. A grading and/or administrative clearing permit shall not be issued when, in the opinion of the city engineer, a significant amount of borrow or waste material is to be removed from a grading site for commercial purposes unless a Conditional Use Permit in accordance with Chapter 17.04, "Permits" of the Temecula Municipal Code has been issued for the operation of a borrow piton the grading site. E. Paving. No person shall construct concrete or bituminous pavement surfacing on natural or existing grade in excess of five-thousand (5,000} square feet for any commercial, industrial, multi-residential or other parking lot, without a valid grading permit for such paving (this excludes Single Family Residence}. Maintenance and repaving of existing paved sections shall be exempt from this requirement. F. Watercourse Alteration. No person shall alter an existing watercourse, channel, or revetment by excavating, or placing fill, rock protection or structural improvements therein without an applicable state agency approval and a grading permit unless (i} the requirement for a grading permit is waived by the city engineer, or {ii) the grading is performed as interim protection in an emergency to prevent flooding, or {iii} a separate s improvement plan for such alteration is approved by applicable state agencies and the city engineer. G. Rock Blasting. No rock blasting shall be permitted until apre-blast survey of the surrounding property is conducted to the satisfaction of the city engineer. During rock blasting, seismic recordings shall be taken for all blasts at locations and levels approved by the city engineer. All blasting shall conform to the requirements of the city engineer, as specified in the Grading Manual." Section 16. The City Council of the City of Temecula hereby amends Section 18.09.140 of Chapter 18.09 of the Temecula Municipal Code to read as follows: "18.09.140 Protection of Adjoining Property Each adjacent owner is entitled to the lateral and subjacent support that his land receives from the adjoining land, subject to the right of the property owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement, as follows: A. Any person causing an excavation to be made to a depth of ten feet (10'} or more below the grade and within ten feet (10'} of the property lines} shall protect the excavation so that the sail of adjoining property will not cave in or settle. The person making or causing the excavation to be made shall provide written notification to the adjoining property owner{s} no less than ten {10) days before such excavation is to be made, stating the depth for which such excavation is to be made and when the excavation will begin. B. If at any time it appears that the excavation is of greater depth than are the walls or foundation of an adjoining building or other structure, and the distance from the edge of the excavation to an adjoining building or other structure is less than the depth of the excavation, the person causing the excavation shall notify the owner of the adjoining building or other structure no less than ten {10} days before such excavation is to be made to protect the same from any damage, or to brace or extend the foundations of the noted building or other structure from possible damage from the excavation. C. Excavations shall meet all State and Federal regulations including, but not limited to, any trench greater than five feet {5'} deep, obtaining CAL OSHA permits. D. No grading shall be approved which, in the opinion of the city engineer, physically prevents the use of existing legal access to any parcel." Section 17. The City Council of the City of Temecula hereby amends Subsection B of Section 18.09.160 of Chapter 18.09 of the Temecula Municipal Code to read as follows: "B. Before starting any excavation work, the permittee shall be responsible to contact Underground Service Alert of Southern California and coordinate the proposed excavation with all interested utility companies, districts and agencies." 9 Section 18. The City Council of the City of Temecula hereby amends Section 18.09.180 of Chapter 18.09 of the Temecula Municipal Code to read as follows: "18.09.180 Maintenance of Protective Devices The owner or agent in control of such property on which a grading activity has occurred pursuant to a permit granted under the provisions of this division, shall maintain in good condition and repair all structures, planting and other protective devices as per the approved plans or required by the permit. Any facilities dedicated for public use and accepted by a public agency are exempt." Section 19. The City Council of the City of Temecula hereby amends Subsection A of Section 18.09.200 of Chapter 18.09 of the Temecula Municipal Code to read as follows: "A. Time of any grading, clearing and equipment operations pursuant to this Title shall be consistent with City Ordinance No. 94-25. Grading operations within one-quarter (1 /4} mile of an occupied residence shall not be conducted between the hours of 6:30 p.m. and 6:30 a.m., Monday through Friday; or between the hours of 6:30 p.m. and 7:00 a.m. on Saturdays. Further, no such activity shall be undertaken on Sunday or any nationally recognized holiday. The city engineer may extend the hours permitted for grading or equipment operations if the city engineer determines that such operations are not detrimental to the health, safety or welfare of the inhabitants of nearby structures. Permitted hours of operation may be shortened by the city engineer's findings of a previously unforeseen effect on the health, safety or welfare of the surrounding community." Section 20. The City Council of the City of Temecula hereby amends Section 18.09.220 of Chapter 18.09 of the Temecula Municipal Code to read as follows: "18.09.220 Debris on Public and Private Streets This Title forbids the throwing, leaving, maintaining, keeping, placing, dumping, depositing or spilling soil materials on public and private streets or any portion of the public right-of-way. The permittee shall be responsible far the complete removal and cleanup of such materials from the street or any portion of the public right-of-way. If the permittee fails to immediately remove said spillage or deposit from the street and/or public right-of-way, and it is necessary for the City to cause such removal to be made, the cost of such removal work shall be the responsibility of the permittee. The City may use the grading deposit in accordance with Section 18.24.120, "Grading and Erosion Control Securities" of this Title for this purpose without notice to the owner. An additional cash deposit may be required prior to resumption of grading activities to insure the cleanup of public streets." to Section 21. The City Council of the City of Temecula hereby amends Section 18.09.240 of Chapter 18.09 of the Temecula Municipal Code to read as follows: "18.09.240 Disposal of Materials The disposal of all waste and recycling materials removed as part of any grading project shall be in compliance with the City's Solid Waste Franchise Agreement, as specified within the provisions of the Temecula Municipal Code, Title 8, Chapter 8.20, "Waste Management," and the Grading Manual." Section 22. The City Council of the City of Temecula hereby amends Section 18.09.260 of Chapter 18.09 of the Temecula Municipal Code to read as follows: "18.09.260 Expiration and Renewal of Issued Permits A. A grading permit shall be valid for a period of six (6} months from the date of issuance. B. The time limitation for all grading permits is also subject to the following provisions: 1. Change of ownership. A permit issued in accordance with these requirements shall terminate upon a change of ownership if the work for which said grading permit was issued has not been completed. In such instances, a new permit shall be required for the completion of the work. a. If the time limitations of paragraph (A} of this section are not applicable, and no changes have been made to the plans and specifications last submitted to the city engineer, no charge shall be made for the issuance of a new permit. b. If changes have been made to the plans and specifications last submitted to the city engineer, fees based on the valuation of the additional or new work, such as additional earthwork and necessary plan checking, shall be charged to the permit applicant. c. New securities and/or deposits shall be submitted by the new owner in accordance with Section 18.24.100, "Grading, Erosion and Sediment Control Securities" of this Title. 2. Permit Extensions. The city engineer may extend the time limit on permits by one (1) or more successive periods of up to 180 days (6 months) upon written request by the applicant showing to the satisfaction of the city engineer that circumstances beyond the control of the applicant have prevented, delayed or extended the time required to complete the grading operations. 3. Weather-related delays. The city engineer may require that grading operations and project designs be modified if delays occur which incur weather-related problems not considered at the time the permit was originally issued. 11 C. As a condition of the extension of any time period, the city engineer may require the payment of additional permit, plan checking, inspection, and/or soils review fees required to cover the administration of the extensions and/or increased costs to the City and to bring the project into conformance with any fee schedule in effect at the time of extension." Section 23. The City Council of the City of Temecula hereby amends Subsection C of Section 18.49.280 of Chapter 18.09 of the Temecula Municipal Code to read as follows: "C. Other. The city engineer shall deny the issuance of a permit if any of the following apply: 1. If prohibited by a duly elected moratorium, court order, injunction, or other legal order; 2. If the applicant or owner has failed to comply with the provisions of this Title; or 3. If the work proposed is not consistent with the City's General Plan, or any element thereof, or any specific plan, conditional use permit, land use ordinance or regulation, zoning ordinance regulation or permit, or approved subdivision map. {Ord. 04-04 § 4 {part}}" Section 24. The City Council of the City of Temecula hereby amends Section 18.12.020 of Chapter 18.12 of the Temecula Municipal Code to read as follows: "18.12.020 Cuts Unless otherwise recommended by the Geotechnical Engineer or the engineering geology reports, or both, and approved by the city engineer, cuts slopes shall be no steeper than two horizontal to one vertical (2:1 }. All cuts and excavations shall conform to the provisions of this Title and the Grading Manual. Exception: In the absence of an approved geotechnical engineering report, these provisions may be waived by the city engineer for minor cuts not intended to support structures. A. A cut surface may be at a slope of 1.5 horizontal to 1 vertical {67%) provided that all the following are met: 1. It is not intended to support structures or sur-charges; 2. It is adequately protected against erosion; 3. It is no more than eight feet (8') in height; 4. It is approved by the city engineer; B. A cut surface in bedrock shall be permitted to be at a slope of one horizontal to one vertical (1 QO%}." 12 Section 23. The City Council of the City of Temecula hereby amends Section 18.12.040 of Chapter 18.12 of the Temecula Municipal Code to read as follows: "18.12.040 Fills Unless otherwise recommended by the Geotechnical Engineer or the engineering geology reports, or both, and approved by the city engineer, fills shall be in accordance with the Grading Manual. Exception: In the absence of an approved geotechnical engineering report, these provisions may be waived by the city engineer for minor fills not intended to support structures." Section 26. The City Council of the City of Temecula hereby amends Section 18.12.060 of Chapter 18.12 of the Temecula Municipal Code to read as follows: "18.12.060 Setbacks All setbacks and other restrictions specified in the Grading Manual, pursuant to the recommendation of a civil or geotechnical engineer, and approved by the city engineer, are to prevent damage to adjacent properties from erosion or to provide access for slope and drainage structure maintenance. Retaining walls may be used to reduce the required setbacks when approved by the city engineer." Section 27. The City Council of the City of Temecula hereby amends Section 18.12.080 of Chapter 18.12 of the Temecula Municipal Code to read as follows: "18.12.080 Terraces and Terrace Drains Drainage facilities and terraces shall be in accordance with the Grading Manual unless otherwise approved by the city engineer." Section 28. The City Council of the City of Temecula hereby amends Subsection A of Section 18.12.100 of Chapter 18.12 of the Temecula Municipal Code to read as follows: "A. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability and as recommended by the Geotechnical Engineer and/or Engineering Geologist." Section 29. The City Council of the City of Temecula hereby amends Section 18.12.120 of Chapter 18.12 of the Temecula Municipal Code to read as follows: "18.12.120 Pad Grading Storm water runoff from lots or adjacent properties shall not be carried over cut or fill slopes steeper than five horizontal to one vertical {5:1 }. Such runoff shall be in accordance with the Grading Manual." 13 Section 30. The City Council of the City of Temecula hereby amends Section 18.12.140 of Chapter 18.12 of the Temecula Municipal Code to read as follows: "18.12.140 Asphalt Concrete Pavement Asphalt concrete pavement for surfacing of parking lots, private streets, driveways or other similar uses shall be in accordance with the Grading Manual unless otherwise approved by the city engineer." Section 31. The City Council of the City of Temecula hereby amends Section 18.15.020 of Chapter 18.15 of the Temecula Municipal Code to read as follows: "18.13.020 Construction Runoff Compliance A. All individual construction and grading projects shall implement measures to ensure that pollutants are not discharged from the site, will be reduced to the Maximum Extent Practicable (MEP} and will not cause or contribute to an exceedance of water quality objectives in the local natural watercourses. All construction and grading activities will be in compliance with applicable ordinances, permits and other federal, state and local requirements. B. The permittee shall adhere to the following requirements: 1. Develop and implement an erosion and sediment control plan to manage storm water and non-storm water discharges from the site at all times in accordance with the Grading Manual. Projects disturbing, exposing or stockpiling one {1) acre or more of soil are also required to have coverage under the State General Construction Permit and generate a Storm Water Pollution Prevention Plan (SWPPP) per the State General Construction Permit; 2. Conduct phased grading operations and minimize grading activities during the rainy season. Coincide grading with dry weather periods to the extent feasible. Implement additional "Best Management Practices" {BMP's} for all rain events; 3. Install a combination of erosion and sediment control measures to effectively prevent erosion and retain sediment on-site throughout the duration of all construction activities. 4. Minimize exposure time of disturbed soil areas; 5. Temporarily stabilize and re-seed disturbed soil areas as rapidly as possible; 6. Permanently re-vegetate or landscape as early as feasible; 7. Stabilize all slopes; 8. The permittee shall abide by all of the provisions set forth in the State Water Resource Control Board {SWRCB) NPDES General Permit for construction activity. The City must be provided with a Waste Discharge Identification (WDID} number issued by the SWRCB prior to an issuance of a grading permit. 14 9. Implement the applicable requirements of the City's Standard Erosion and Sediment Control Notes, as identified in the Grading Manual. Note: The above requirements are applicable to all construction sites regardless of whether the construction site is subject to the State General Construction Permit or other individual National Pollutant Discharge Elimination System {NPDES} permit." Section 32. The City Council of the City of Temecula hereby amends Section 18.15.040 of Chapter 18.15 of the Temecula Municipal Code to read as follows: "18.15.040 Erosion and Sediment Control Plans Required A. No grading activity will be allowed on any single grading site under permit unless the city engineer has approved an erosion and sediment control plan. B. All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan designed to limit erosion of all disturbed portions of the property and to minimize the transport of soil onto downgrade perimeters, private and public storm water conveyance systems, environmentally sensitive areas and adjacent properties in accordance with the provisions of this Chapter and the Grading Manual. C. All erosion and sediment control BMP's outlined on the erosion and sediment control plan will be shown on the SWPPP, if applicable, and implemented prior to October 1St of each year." Section 33. The City Council of the City of Temecula hereby amends Section 18.15.060 of Chapter 18.15 of the Temecula Municipal Code to read as follows: "18.15.060 Erosion and Sediment Control Systems A. The permittee shall be responsible for the control of erosion and sediment discharge on and from all disturbed areas of grading until issuance of certificate of occupancy at which time the BMP's of the WQMP shall be in place. B. No grading work shall be allowed on any site when the city engineer determines that erosion, mudflow or sediment discharge may adversely affect downstream properties, drainage courses, storm drains, streets, easements, or public or private facilities or improvements unless an approved erosion and sediment control system has been implemented on the site. If the City determines that it is necessary for the City to cause erosion and sediment control measures to be installed or cleanup to be done, the permittee shall pay all of the City's direct and indirect costs including extra inspection, supervision and reasonable overhead charges in accordance with Section 18.24.100, "Cost Recovery Fees" of this Title. C. All protective devices shown on the erosion and sediment control plan and in the SWPPP, if applicable, shall be in place within seven {7) days prior to any forecasted rain. If the permittee does not install or maintain erosion and sediment controls, the city engineer may order City crews to do the work or is may issue contracts for such work and charge the cost of this work along with reasonable overhead charges to the cash deposits or other instruments implemented for this work without further notification to the owner. No additional work on the project except erosion and sediment control work shall be performed until the full amount drawn from the cash deposit, in accordance with Section 18.24.120, "Grading, Erosion and Sediment Control Securities" of this Title is restored by the permittee. D. "Best Management Practices" (BMP's} shall be implemented on a continual basis during construction activities. The following minimum criteria shall be met: 1. An effective combination of erosion and sediment controls shall be implemented within seven {7} working days of clearing or inactivity in construction. 2. Soil stockpiles must be stabilized with a combination of erosion and sediment controls and have a daily maintenance frequency or as directed by the city engineer. 3. Waterway and watercourse protection shall include, but not be limited to, stabilization of the channel before, during and after in-channel work. 4. Additional erosion and sediment control materials shall be stockpiled at various locations throughout the site for immediate implementation within seven {7} days of a forecasted rain. The developerlcontractor shall make available equipment and workers for emergency work to protect the site. E. Cut and fill stapes shall be protected to control against erosion and sediment discharge. F. Permittee shall implement BMP's year round. Additional site specific BMP's shall also be implemented, as necessary, to comply with this Title which may be more stringent than those required under the General Construction Permit. G. Permittee shall implement additional controls for construction sites tributary to Clean Water Act {CWA) section 303(d} water bodies impaired for sediment. Each Permittee shall implement additional controls for construction sites within, adjacent, or discharging directly to receiving waters within environmentally sensitive areas. H. Permittee shall conduct construction site inspection for compliance with this Title and all applicable permits." Section 34. The City Council of the City of Temecula hereby amends Section 18.15.080 of Chapter 18.15 of the Temecula Municipal Cade to read as follows: "18.15.080 Temporary Site Vegetation Temporary site vegetation shall be required, as determined by the city engineer, on any disturbed soil areas of the site for prolonged periods of grading inactivity or expiration of a grading permit in accordance with Section 18.09.260, "Expiration and Renewal of Permits" of this Title. Temporary vegetation shall not negate any City requirement or condition of approval to install permanent landscaping." 16 Section 35. The City Council of the City of Temecula hereby amends Section 18.15.100 of Chapter 18.15 of the Temecula Municipal Code to read as follows: "18.15.100 Erosion and Sediment Control Maintenance A. Prior to and after each rainstorm, all on-site and off-site flow-lines, storm water conveyance systems, check dams, chevrons, silt fences and desilting basins shall be free of sediment, construction materials, waste, miscellaneous debris and deteriorated erosion and sediment controls at all times. B. Prior to and after each rainstorm, the erosion and sediment control system shall be evaluated and revised and repaired as necessary. C. The permittee shall be responsible for and shall take necessary precautions to prevent public trespass onto areas where impounded water, due to erosion and sediment control devices, creates a hazardous condition. Signage indicating "ponded water - do not enter" shall be posted. D. The permittee shall be responsible for continual maintenance of the devices during all construction activities. E. In the event the city engineer must cause emergency work to be done, he or she may revoke the grading permit. The permit shall not be renewed until an approved erosion and sediment control system has been installed and the owner has paid any applicable fees. F. If any grading or clearing subject to Section 18.03.020 "Permits Required" of this Title has commenced on private property without a valid grading permit, the property owner will be required to stop work, prepare and implement an erosion and sediment control plan which has been approved by the City and obtain a valid grading permit." Section 36. The City Council of the City of Temecula hereby amends Section 18.15.140 of Chapter 18.15 of the Temecula Municipal Code to read as follows: "18.15.140 Additional NPDES Requirements A. General Requirements. All grading activities subject to the regulations of this Title shall be designed and conducted to minimize runoff of all pollutants onto public or private properties and into waters of the United States as required by this section and City Municipal Code, Title 8, Chapter 8.28, Storm Water/Urban Runoff Management and Discharge Control." B. Responsibility. It shall be the permittee's responsibility to obtain coverage under the SWRCB General Construction Permit, submit a Notice of Intent {NOI} and appropriate fee to the SWRCB, complete all site-specific Storm Water Pollution Prevention Plans {SWPPP}, monitoring and reporting program plans, reports, certifications, and other information required by the permit and or requested by the Regional Water Quality Control Board {RWQCB}, United States Environmental Protection Agency {USEPA}, or the 1~ city engineer. The permittee shall update all plans as construction activities are modified from their original schedule and/or progress as originally planned. The permittee shall also maintain all erosion and sediment control measures at the site throughout the duration of the project as required by the permit. All of the information Hated above shall be maintained on-site during construction and shall be presented upon demand by the SWRCB and/or City of Temecula inspectors. NPDES requirements will remain in effect until Notice of Termination {NOT} requirements are fulfilled." Section 37. The City Council of the City of Temecula hereby amends Section 18.18.040 of Chapter 18.18 of the Temecula Municipal Code to read as follows: "18.18.040 Grading Requirements A. Civil En_, iq Weer. It shall be the responsibility of the civil engineer who prepared the grading plans to incorporate the applicable recommendations from the geotechnical engineering and geology reports and to incorporate any city engineer approved alternatives into the grading plan. 1. The civil engineer shall be responsible for establishing line and grade for the grading and drainage improvements and shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor and the city engineer. 2. The civil engineer shall be responsible for the preparation of plan revisions to be approved by the city engineer prior to implementing the change in the field. 3. Prior to issuance of building permits for any given lot or lots, the civil engineer shall be responsible for submitting a pad certification letter stating line and grade as evidence that the grading activity has been completed within standard tolerances in accordance with the approved plans and that all embankments and cut slopes and pad sizes are as shown on the approved plans. B. Geotechnical Engineer. The geotechnical engineer's area of responsibility shall include, but not be limited to, performing the preliminary geotechnical engineering investigation and report, determining the suitability of soils during grading, providing compaction inspection and testing, and preparing the final geotechnical engineering report. C. Engineering Geologist. The engineering geologist's area of responsibility shall include, but not limited to, professional inspection and approval of the stability of cut slopes with respect to geological matters, and the need for sub-drains or other groundwater drainage devices. He shall report his findings to the Geotechnical Engineer for engineering analysis. D. Landscape Architect. The landscape architect shall incorporate applicable recommendations from the geotechnical engineering reports into the landscape is and irrigation plans. The landscape architect shall also prepare plan revisions to be approved by the city engineer prior to implementing the change in the field. 1. All ground cover shall provide one-hundred percent {100°l0} coverage within nine {9} months of planting, or additional landscaping shall be required in order to meet this standard." Section 38. The City Council of the City of Temecula hereby amends Section 18.18.060 of Chapter 18.18 of the Temecula Municipal Code to read as follows: "18.18.060 Transfer of Responsibility If the civil engineer of record, the geotechnical engineer, the engineering geologist, or the grading contractor of record is changed during the course of the work, the project shall be stopped until: A. The permittee submits a letter of notification verifying the change of the responsible professional; and B. The new responsible professional submits in writing that he has reviewed all prior reports and/or plans {specified by date and title} and work performed by the responsible professional party, and that he concurs with the findings, conclusions and recommendations, and is satisfied with the work performed. He or she must state that they assume all responsibility within his or her purview as of a specified date. All exceptions shall be justified to the satisfaction of the city engineer. Exception: Where clearly indicated that the firm, not the individual engineer and/or geologist, is the contracting party, the designated engineer or geologist may be reassigned and another engineer and/or geologist within the firm may assume responsibility." Section 39. The City Council of the City of Temecula hereby amends Section 18.18.100 of Chapter 18.18 of the Temecula Municipal Code to read as follows: "18.18.100 Speciallnspections The city engineer may establish special inspection requirements in accordance with Chapter 17, Section 1704, "Special Inspections", of the California Building Code, amended, for special cases involving grading or paving related operations. Special cases may apply to work where, in the opinion of the city engineer, it is necessary to supplement the resources or expertise available for inspection." Section 40. The City Council of the City of Temecula hereby amends Subsection A of Section 18.18.120 of Chapter 18.18 of the Temecula Municipal Code to read as follows: "A. The provisions of Appendix Chapter 1, Administration, Section 114, "Stop Orders", of the California Building Code shall apply to all grading work. Whenever the city engineer or his or her representative determines that any 19 work does not comply with the terms and conditions of the permit, or that that the work is being done improperly or in a hazardous manner, he or she may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such persons shall stop conducting such work until authorized by the city engineer to proceed with the work." Section 41. The City Council of the City of Temecula hereby amends Section 18.21.020 of Chapter 18.21 of the Temecula Municipal Code to read as follows: "18.21.020 Final Reports Upon completion of the rough grading work and at final completion of the work, the city engineer may require the written approvals, reports, plans and supplements specified in the Grading Manual." Section 42. The City Council of the City of Temecula hereby amends Section 18.21.040 of Chapter 18.21 of the Temecula Municipal Code to read as follows: "18.21.040 Notification of Completion The permittee or his agent shall notify the city engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion and sediment control measures, including landscaping and its irrigation system, have been completed in accordance with the approved grading plan, and the required reports have been submitted. Where landscape planting for erosion and sediment control has been installed, final clearance {i.e. release of security deposits} shall not be granted until the planting has been established. The establishment of such erosion and sediment control plantings shall be certified by a licensed Landscape Architect and approved by the city engineer." Section 43. The City Council of the City of Temecula hereby amends Section 18.24.020 of Chapter 18.24 of the Temecula Municipal Code to read as follows: "18.24.020 Grading, Erasion and Sediment Control Plan Checking Fee Before accepting an application and a set of plans and specifications for review, the city engineer shall collect all plan-checking fees. Separate permits and fees shall apply to retaining walls or major drainage structures. All applicants submitting plans as required by this Title shall pay all plan check fees and/or deposits as required by this Title and by City Council resolution establishing applicable fees and deposits." Zo Section 44. The City Council of the City of Temecula hereby amends Subsection A of Section 18.24.040 of Chapter 18.24 of the Temecula Municipal Code to read as follows: "A. All applicants requesting a mass, rough, precise, stockpile ar administrative clearing permit as required by this Title shall pay all fees and/ar deposits as required by this Title and by City Council resolution establishing applicable fees and deposits." Section 45. The City Council of the City of Temecula hereby amends Subsection B of Section 18.24.040 of Chapter 18.24 of the Temecula Municipal Code to read as follows: "B. The fee for a grading permit authorizing additional work under a valid permit shall be the difference between the fee paid for the original permit and the fee shown far the entire project as indicated in the City's fee schedule." Section 46. The City Council of the City of Temecula hereby amends Section 18.24.060 of Chapter 18.24 of the Temecula Municipal Code to read as follows: "18.24.060 Review of Geotechnical Reports Fee Before accepting a geotechnical (soils} report for review, the city engineer shall collect a report review fee. A separate fee will be charged for each individual report submitted for review. The amount shall be asset forth by City Council resolution." Section 47. The City Council of the City of Temecula hereby amends Section 18.24.080 of Chapter 18.24 of the Temecula Municipal Code to read as follows: "A. Inspection fees may be refunded, less any City expenses incurred, including a reasonable overhead charge, at any time prior to the start of the work authorized by the permit, upon the applicant's written request, provided the grading application has expired or has been withdrawn." Section 48. The City Council of the City of Temecula hereby amends Subsection A of Section 18.24.080 of Chapter 18.24 of the Temecula Municipal Code to read as follows: "A. Security required. A grading permit shall not be issued unless the permittee first posts a security with the City comprised of a cash deposit, letter of credit, or a combination cash deposit and a corporate surety bond issued by a surety authorized to do business in the State of California, as specified in the Grading Manual. The security amount is required to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate any deficiency or hazard created by the work or its lack of maintenance, as follows: 21 1. A cash deposit, in accordance with the Grading Manual, may be required by the city engineer to ensure the elimination of hazardous conditions, the emergency maintenance of erosion and sediment control systems and to ensure the removal of stockpiles. 2. On developments where progressive individual grading projects or several concurrent projects are being constructed by one owner, a continuing {blanket} bond or other approved security that covers all such projects may be accepted in an amount determined by the city engineer." Section 49. The City Council of the City of Temecula hereby amends Section 18.27.020 of Chapter 18.27 of the Temecula Municipal Code to read as follows: "18.27.020 Power and Duties of the City Engineer The provisions of Appendix Chapter 1, Administration, Section 104, Duties and Powers of Building official, of the California Building Code shall apply to the city engineer and his or her representative for all grading construction and earthwork to be done as required by any conditions of a permit issued pursuant to this Title." Section 50. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by adding the term and definition of "Accessibility" to read as follows: "Accessibility" is the combination of various elements in a building, facility, site or area, or portion thereof which allows access, circulation and the full use of the building and facilities by persons with disabilities in conformance with the Chapter 11 B of the California Building Cade." Section 51. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Accessible Route of Travel" definition to read as follows: "Accessible Route of Travel" means the continuous unobstructed path connecting all accessible elements and spaces in an accessible building or facility that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by persons with other disabilities, and that also is consistent with the definition of "Path of Travel" in this section. Interior accessible routes may include parking access aisles, curb ramps, crosswalks at vehicular ways, walks, sidewalks, ramps and lifts. An accessible route does not include stairs, steps or escalators." Section 52. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Best Management Practices (BMP's)" definition to read as follows: "BMP's" means the management practices, operating procedures, and devices implemented to prevent or reduce the discharge of pollutants directly or indirectly 22 to public or private storm water conveyance systems." Section 53. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "City Engineer" definition to read as follows: "City Engineer" means the city engineer of the City of Temecula or his or her duly delegated representative." Section 54. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by deleting the term and definition of "Curb Cut". Section 55. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Erosion" definition to read as follows: "Erosion" means the wearing away of the ground surface as a result of movement of wind, water or ice." Section 56. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by adding the term and definition of "Erosion Control" to read as follows: "Erosion Control" means anything that keeps soil in place." Section 57. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Erosion and Sediment Control Plan" definition to read as follows: "Erosion and Sediment Control Plan" is a plan prepared under the direction of and signed by a Civil Engineer competent in the preparation of such plans and knowledgeable about current erosion and sediment control methods. Said plan shall be submitted to the City and shall provide for protection of exposed sails and desiltation of runoff at frequent intervals prior to discharging from a site or to a storm water conveyance system {natural watercourses, streets, flow-lines, inlets, outlets, etc.)" Section 58. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Erosion and Sediment Control System" definition to read as follows: "Erosion and Sediment Control System" means combination of erosion and sediment controls {including effective planting and the maintenance thereofl to protect the project site, adjacent private property, watercourses, public facilities, graded improvements, existing natural features, archaeological artifacts, and to relieve waters of suspended sediments or debris prior to discharge from the site." 23 Section 39. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by adding the term and definition of "Flow-line" to read as follows: "Flow-line" means v-ditches, brow-ditches, terrace drains, ribbon gutters, curb gutters, etc". Section fi0. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Grade" definition to read as follows: "Grade" means the vertical elevation of the ground surface. A. "Existing grade" means the grade prior to grading. B. "Finish grade" means the final grade of the site, which conforms precisely to the City-approved plans, approved construction changes or record drawings. C. "Natural grade (or natural ground)" means the ground surface unaltered by artificial means. D. "Rough grade" means the stage at which the work is in to precise conformance with the approved plan and when all excavations for drainage structures and retaining walls are complete." Section fit. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Key" definition to read as follows: "~" means a compacted fill placed in a trench excavated in earth material beneath the toe of a slope." Section fit. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Maximum Extent Practicable (MEP)" definition to read as follows: "Maximum Extent Practicable (MEP)" means the standard established by Congress in the Clean Water Act that operators of MS4 permits must meet. To achieve the MEP standard, Best Management Practices must be implemented that are technically feasible (i.e. are likely to be effective} in combination with treatment methods serving as back up." Section fi3. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Path of Travel" definition to read as follows: "Path of Travel" means a passage that may consist of walks and sidewalks, curb ramps and pedestrian ramps, lobbies and corridors, elevators, other improved areas, or a necessary combination thereof, that provides free and unobstructed 24 access to and egress from a particular area or location for pedestrians and/or wheelchair users. A "path of travel" includes a continuous, unobstructed way of pedestrian passage by means of exited, and which connects a particular area with an exterior approach {including sidewalks, streets and parking areas}, an entrance to the facility and other parts of the facility. In existing buildings, when alterations, structural repairs or additions are made, the term "path of travel" also includes the sanitary facilities, telephones, drinking fountains and signs serving the altered area." Section G4. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Precise Conformance" definition to read as follows: "Precise Conformance", for purposes of this Title, means: A. Pad elevations within plus or minus four-tenths {0.4} of a fact (1'} of planned elevation ar approved construction change: B. Street subgrade within plus or minus four hundredths {0.04) of a foot (1') of planned elevation or approved construction change; C. Slope grades within plus ar minus 1/2 foot {0.5'} of planned elevation or approved construction change; D. Rock slopes (rip-rap armoring} and horizontal locations within two feet {2'} of planned elevation and location or approved construction change; E. Drainage gradient to within two-tenths {0.2) of one percent {1 %} of planned slope ar approved construction change; and F. Structures within the tolerances specified in the latest adopted version of the "Standard Specifications for Public Works Construction" {Green Book}." Section 63. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by adding the term and definition of "Private Roads" to read as follows: "Private Roads" are roads that have been dedicated to the public, but not accepted for public use or that have been retained as "Private" for private use by the owners or may simply be a road created by private use or easement." Section 66. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Rainy Season" definition to read as follows: "Rainy Season" means October 1St thru April 30th of the next calendar year." Zs Section fi7. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Regional Water Quality Control Board {RWQCB)" definition to read as follows: "Regional Water Quality Control Board {RWQCB}" means the State's Regional Regulatory Agency responsible for protecting waters of the State." Section fib. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by adding the term and definition of "Sediment Control" definition to read as follows: "Sediment Control" means anything that captures soil particles after being displaced." Section fig. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by adding the term and definition of "State Water Resources Control Board {SWRCB)" definition to read as follows: "State Water Resources Control Board (SWRCB)" means the regulatory authority that develops statewide water protection policies, establishes water quality standards, and guides the nine Regional Water Quality Control Boards throughout the state." Section 70. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by deleting the term and definition of "Storm Water Management Plan {SWMP)". Section 71. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Storm Water Pollution Prevention Plan {SWPPP)" definition to read as follows: "Storm Water Pollution Prevention Plan fSWPPP}" means a document which meets the requirements set in the State's NPDES General permits far Construction and Industrial activities. The SWPPP must describe the BMP's to be implemented to meet the requirements of the General Permits and this Title." Section 72. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by deleting the term and definition of "Standard Urban Storm Water Mitigation Plan (SUSMP)". Section 73. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by adding the term and definition of "Water Quality Management Plan {WQMP)" to read as follows: "Water Quality Management Plan {SUSMP)" means a plan submitted in connection with an application for a City permit or other City approval, identifying 26 the measures that will be used to mitigate the impacts of urban runoff from development projects." Section 74. The City Council of the City of Temecula hereby amends Chapter 18.33 of the Temecula Municipal Code by updating the "Waters of the State" definition to read as follows: "Waters of the State" means any water, surface or underground, under the jurisdiction of the State." Section 75. Environmental Finding. The proposed amendments to Title 18 of the Temecula Municipal Cade are determined to be minor clarifications or typographical corrections of the Code. Based on this fact, the City Council hereby finds that the adoption of this Title is exempt from further review pursuant to CEQA Guideline Section 15061 {b){3) of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the proposed Title may have a significant effect on the environment. Section 76: If any provision of this Title or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application, and to this end, the provisions of this Title are declared to be severable. Section 77: The City Clerk shall certify the Title and cause it to be published as required by law. This Title shall take effect on the 30t" day after adoption pursuant to state law. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula on the day of July, 2008. Michael S. Naggar Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] 27 STATE OF CALIFORNIA } COUNTY OF RIVERSIQE } CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do certify that the foregoing Ordinance 08- was duly introduced and placed upon it's first reading at a regular meeting of the City Council on the 8t" day of July, 2008, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of July, 2008 by the fallowing vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Zs TITLE 1S GRADING, EROSION AND SEDIMENT CONTROL Chapter 18.01 ARTICLE 1. GENERAL PROVISIONS Sections: 18.01. 020 Title 18.01. 040 Grading Manual 18.01. 060 Purpose 18.01. 080 Scape 78.07.020 Title The Title codified in these chapters shall be known as the "City of Temecula Grading, Erosion, and Sediment Control Title" and will be refen~ed to herein as "this Title." 78.01.040 Grading Manual The pity engineer Shall formulate_a ma_nual_setting forth the a_dminis_tr_ative procedures and tech_nical_ - Deleted: Director of Public WorkslC requirements necessary to implement the provisions of this Title. Such rules, procedures, and ~ ' - ~ Deleted: ("City Enginee:'~) requirements shall be entitled "The City of Temecula Administrative and Technical Procedures Manual for Grading, Erosion and Sediment Control" ("Grading Manual"}. The city engineer shall have the authority to change, update or revise the Grading Manual as necessary in order to implement the provisions of this Title and all revisions thereto arising from time to time. In the event of any conflict between the Grading Manual and this Title, the more restrictive provisions shall govern. The provisions of the Grading Manual shall, to the extent they are made conditions of a permit by the city engineer, be binding upon the permittee and those claiming under said permittee. 18.01.060 Purpose This Title is enacted for the purpose of regulating grading activity on property within the city limits of the City to safeguard life, limb, health, property andpublic welfare; to avoid_ discharges of pollutants such as_ _ ~ .- Deleted: the sediment, hazardous materials, wastes and debris from entering public or private storm water conveyance facilities and surface waters; and to ensure that the intended use of a graded site within the city limits is consistent with the City's General Plan, any specific plans adapted thereto and all applicable City ordinances and zoning regulations. 18.01.080 Scope This Title sets forth rules and regulations, which reflect the minimum acceptable methods or actions to control land disturbances, landfill, soil storage, pollution and erosion and sedimentation resulting from construction, grading, excavation and land clearing activities. This Title establishes procedures for issuance, administration and enforcement of permits for such activities. Any such grading activities within the city limits of the City shall conform to the provisions of this Title and the Grading Manual and other applicable provisions of this Code and the California Building Code, as adopted and amended by the City, together with all other conditions of approval. In the event that a particular topic is not covered in either this Title or the Grading Manual, the applicable provisions of this Code or the California Building Code, as adopted and amended by the City, shall govern. If a conflict arises between this ~ode_or_the California Building Code,_ Ihe_moYe_Y2SIYICtIVe_ _ ~ - Deleted: «rdinance and the City's provision shall govern, unless otherwise approved by the city engineer. ~ Municfpa~ Chapter 18.03 ARTICLE 2. PERMITS! _ _ - Deleted: REC2UIRED Sections: 18.03.020 Permits Required 18.03.040 Permit Exemptions 78.03.020 Permits Required No person shall conduct any grading, stockpiling, excavating, paving, earth moving, filling, clearing, disking, brushing or grubbing on natural or existing grade or perform work that is preparatory to grading, without first having obtained a permit in accordance with this Title, except as specified in Section 18.03.040, of this Title and without having obtained coverage under the State Water Resources Control Board (SWRCB} National Pollution Discharge Elimination System (NPDES} permit for construction activity {if applicable). 78.03.040 Permit Exemptions Grading permits are not required for: A. An excavation below the existing finished grade for re-compaction within the building zone (within five feet {5'} of footings} or for basements and footings for a building, mobile home, retaining wall, septic system, well or structure authorized by a building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than two feet {2'} after the completion of such structure. Regardless of exemption, the Public Works Department shall be notified of activity. B. Cemetery graves; C. Refuse disposal sites controlled by other statutorily authorized regulations or agencies; D. Earthwork or construction controlled by the federal, state, county or city governments, or by a local agency as defined by Government Code Section 53090 through 53095 (special districts}. This exemption, however, shall apply only when the grading activity takes place on the property, or dedicated rights-of-way or easements of the above agencies; E. Excavation and backfill for installation of underground utilities by public utilities or companies operating under the authority of a franchise or public right-of-way permit; F. Mining, quarrying, excavating, processing stockpiling of rock, sand, gravel, aggregate or clay for commercial purposes where established and provided for by a conditional use permit, provided such operations do not affect the lateral support of any adjacent or adjoining properties, or alter the direction of, or contribute to, sedimentation to natural watercourses. G. Exploratory excavations under the direction of civil engineers, geatechnical engineers, engineering geologists, and/or archaeologists or paleontologists, or pursuant to a well permit, provided all excavations are properly backfilled or otherwise restored. All such elevations and trenches are subject to the applicable sections of Title 8 of the State Orders, Division of Industrial Safety and the following: 1. When such work involves removal of any native vegetation, it shall be accompanied by an administrative clearing permit in accordance with Section 18.09.120 fEC~,_"Administrative_Clearing_ ~ _ - Deleted: D Permit" of this Title. Any access roadways or pads constructed for this work shall only be constructed as approved in the administrative clearing permit and shall be restored as required in the permit. H. An excavation not intended to support structures or mobile homes and which {a} is less than two feet (2') in vertical depth or (b} ,toes not create a_cut slope greater than_three_feet_(3'~ in vertical height_ _ _ _ -~ Deleted: wl,icl, and steeper than two horizontal to one vertical (2:1}. This exemption shall not apply when finish grading is proposed, subsequent to a permit authorizing rough grading in accordance with Section 18.09.120 (A}, "Types of Grading Permits" of this Title. I. A fill less than one foot (1'} in vertical depth, placed on natural terrain with a slope flatter than five horizontal to one~vertical ~5_1~,_or less than three feet {3'~ in_depth, not_intended_to support_structures ~ _ - Deleted: (5) or mobile homes, which does not exceed fifty {50} cubic yards on any~site and does not obstruct a ~'-~ Deleted: (1) drainage course. This exemption shall nat apply when finish grading is proposed, subsequent to a~' permit authorizing rough grading in accordance with Section 18.09.120{A), "Types of Grading Deleted: one Permits" of this Title. J. The construction or maintenance of roads or facilities for the generation, storage or transmissions of water including floodwaters or electrical energy by public agencies or their agents. Work may be subject toyVater Quality Management Plan (WOMPI requirements. A QMP ro~ect includes the construction - Deleted: Standard Urban Storm or reconstruction of 5,000 square feet of.,~pervious surface in_a_parking lot, street, road or hi~hway_ _ _ _ _~ ~ ` Water Mitigation Plan (SUSMP) Deleted: SUSMP high priority K. The maintenance of private roads by private individuals or their agents, but not the construction or Deleted: pavement widening of such roads _ Deleted: Work may be subject to L. Clearing and brushing when directed by the Fire Chief to mitigate a potential fire hazard in susMPrequirements. accordance with Title 8, Chapter 8.16, "Hazardous Vegetation," of the Temecula Municipal Code with the concurrence of the Director of Planning that such clearing and brushing will not cause significant damage to any riabitat of any rare, endangered or protected species_of_wildlife_oY_endangeY_any_ _ ~ ~ Deleted: rare, endangered or ---- ---- --- - - ---- - ---- - archaeological or historical resources, open space areas with biological significance, or transition protected speaes of plant or wildlife areas between land to be cleared for fire fuel mitigation and permanent open space. or cause any significant damage to any M. Clearing and brushing, expressly for the following purposes: 1. Routine landscaping and maintenance of already landscaped areas and the removal of dead or diseased trees or shrubs. 2. Clearing which conforms to the location, extent and purpose authorized explicitly by a construction permit pursuant to a discretionary land use permit or a discretionary development permit. An Administrative Clearing Permit, in accordance with Section 18.09.120 (G} of this Title,_shall be_ - Deleted: o required for any purpose that is not specifically addressed by the construction permit. N. Repaving, resurfacing and maintenance of existing private roads and parking lots and the preparation necessary for that work, provided no grading beyond the limits of other exemptions is performed~_ _ _ _ O. Minor maintenance and alterations to natural drainage areas that do not: 1. Obstructor redirect drainage from adjacent properties, nor 2. Divert the outflow of drainage from the existing or natural discharge point of the property, nor 3. Concentrate or accelerate the flow of drainage as it leaves the property, nor 4. Create ponding, siltation or erosion in or of the streambed, nor 5. Disturb wetlands (Note: The above listed exemptions do not apply to clearing, grubbing, brushing, disking or grading when: _ Deleted: Work may be subject to SUSMP requirements. Chapter 18.06 ARTICLE 3. GRADING APPLICATION REQUIREMENTS Sections: 18.06.020 Grading Application 18.06.040 Plans and Specifications 18.06.060 Geotechnical (Soils) Reports 18.06.OBQ Seismicity Reports 18.06.100 Dust Control and Prevention Plan 18.06.120 Haul Route Plan 18.06.140 Erosion and Sediment Control Plan 18.06.160 Expiration and Renewal of Grading Application Submittals 78.06.020 Grading Application To obtain a grading permit, the applicant shall first file an application in writing on a form furnished by the city engineer for that purpose. 78.06.090 Plans and Specifications _ - Deleted: Application and Grading Plans A. Each application for a grading permit shall be accompanied by plans and specifications, soils engineering and ,geotechnical reports,_ hydrology/hydraulic reports, erosion and sediment control plans, proof of ~overage_under the State eneral Permit for construction activities and all other information required by the city engineer assn the Grading_Manual, and payment of the_appropriate~'~ fees. In addition a conceptual Water Quality Management Plan (WQMP~ must be accepted bV the ', B. Plans and specifications for grading projects requiring permits as defined in Section 18.03.020, "Permits Required" of this Title shall be prepared and signed by the engineer of record. This requirement may be extended to any project when, in the opinion of the city engineer, drainage or geologic factors may warrant a need for civil engineering design and control. C. Grading plans and specifications shall be prepared in accordance with~he Grading Manual._ _ _ _ _ _ _ _ _ 78.06.060 Geotechnical (Soils) Reports - -~ Deleted: geological - Deleted: application for Deleted: Water Resources Control Board (SWRGB) National Pollution Discharge Elimination System (NPDES) Deleted: specified in Su6article 3.1 of Deleted: The information required on the application form shall be kept current until the conclusion of the permitted activities. - Deleted: Su6article 3.1 of A. Surface and Subsurface Conditions. The city engineer shall require a geotechnical report to correlate surface and subsurface conditions with the proposed grading plan. The results of the investigation shall be presented in a report in conformance with the requirements of this Title and~he Grading Manual._ _ _ _ _ - -~ Deleted: Su6article 3.6 of B. Supplemental Reports/Data. The city engineer shall require such supplemental reports and data, as he deems necessary upon his review of the site and the reports and other data submitted. Such required data may include tests for soil fertility and agricultural suitability to be performed at the conclusion of rough grading by a recognized agronomic soil-testing laboratory, with written analysis and recommendation, to be utilized during any required re-vegetation. C. Waiver of Geotechnical Report Reauirements. For a specific project, the city engineer may determine that the geological and geotechnical conditions at the site are such that public safety is adequately protected and no mitigation is required. This finding shall be based on a report presenting evaluations of site in the immediate vicinity having similar geologic and geotechnical characteristics. The report shall be prepared by a certified engineering geologist or registered civil engineer, having competence in the field of seismic hazard evaluation and mitigation. The city engineer shall provide a written commentary that addresses the report conclusions as justification for waiving the requirement of a geotechnical report for the project. All such waivers shall be recorded with the county recorder and a separate copy, together with the report and commentary, shall be filed with the State Geologist within 30 days of the waiver, in accordance with Public Resources Code Section 2697(a}. 78.06.080 Seismicity Reports -Alquist-Priolo Earthquake Fault Zoning Act A seismicity report shall be required as a condition for issuance of a grading permit for all grading applications associated with subdivisions {tracts); all grading projects that propose ~evelopment,~ ith ~ _ - Deleted: the occupancy category II, III, IV structures as shown in table 1604A.5 of the California Building Code; and all ~ ~ ~ ~ Deleted: of critical and major real estate development that lies within an earthquake fault zone. Said reports shall comply with the structures as defined by requirements of the Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code, Section 2621, et seg.}and~sspecifiedin~heGradingManual._______________________________________ _~ _ Deleted:tneprovisions 78.06.700 Dust Control and Prevention P-an ~ Deleted: Subarticle 3-6 (E), "Seismicity Reports" of ~ Dust control and prevention procedures shall be employed while construction activity occurs to minimize wind borne particles. At minimum, all grading operations, land clearing, loading, stockpiling, landscaping, vehicular track-out and haul routes shall comply with South Coast Air Quality Management District (SCAQMD} Rule 403 (Fugitive Dust Emissions) and the~radin~_Manual. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ -( Deleted: provisions of Subarticle 3-8 of the 78.06.720 Haul Route Flan Where soil or construction materials are moved on public roadways from or to the site of a grading operation, a haul route Ip an shall be approved by the city engineer in accordance with the ~radin~_ _ - ~ Deleted: provisions of Subarticle 3-9 Manual. Deviation from the designated haul route shall constitute a violation of the conditions of the ottne permit issued under this Title. Vehicular track-out shall be controlled, as directed by the city engineer, to prevent sediment deposition outside of the project site boundaries. 78.06.740 Erosion and Sediment Control Plan All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan designed to limit erosion and sediment discharges of all disturbed portions of the property and to minimize the transport of soil onto adjacent properties or into form water conve once s stems in accordance with --------------- = Deleted: streets, storm drains, or 1 the provisions of Chapter 18.15 of this Title and~the Grading Manual_ --------------------------- J drains ewa s 9 Y ` `~ Deleted: Subarticle 6 of 78.06.760 Expiration and Renews! of~Gradinct Application Submittals _ - - - Deleted: Application and Grading A A li i f hi h i i i d i hi 180 d (6 ll i h d f h ] f PIons pp cat ons or w c no perm s ssue w n ays o ow ng t e ate o . t t mont s application shall expire, and plans submitted for checking may thereafter be returned to the applicant or may be destroyed by the city engineer without additional notice to the applicant. B. The city engineer may extend the time for action by the applicant for a period not exceeding 180 days (6 months] upon written request by the applicant showing that circumstances beyond the reasonable control of the applicant have prevented action from being taken. C. In order to renew action for an application after expiration, the applicant shall resubmit grading ,Submittal package and pay the most current plan check fee_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . -~ Deleted: plans D. Plan check fees shall be forfeited for all expired permits. Chapter 18.09 ARTICLE 4. GRADING PERMIT REQUIREMENTS Sections: 18.09.020 Permit Issuance -Terms and Conditions 18.09.040 Responsibility of Permittee 18.09.060 Contractor Qualifications 18.09.080 Right of Entry 18.09.100 Tentative Subdivision or Conditional Use Permit Required 18.09.120 Types of Permits 18.09.140 Protection of Adjoining Property 18.09.160 Protection of Utilities 18.09.180 Maintenance of Protective Devices 18.09.200 Time of Operations 18.09.220 Debris on Public Streets 18.09.240 Disposal of Materials 18.09.260 Expiration and Renewal of Issued Permits 18.09.280 Denial of Permit 78.09.020 Permit Issuance -Terms and Conditions A. Upon receipt and approval of the required application, fees, plans, reports, and other requirements of this Title, the city engineer may issue a permit, subject to any terms and conditions deemed necessary to ensure conformance with the provisions of this Title and the Grading Manual. B. The city engineer shall have the discretion to impose or modify conditions as necessary to prevent a possible nuisance or hazard, or to eliminate a nuisance or hazard, to persons or to public or private property in accordance with Section 18.27.060, "Hazardous Conditions" of this Title. C. The issuance of a permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the plans and specifications attached to the permit and approved by the city engineer. A separate permit shall be required far each (noncontiguous) grading project. 78.09.040 fi'esponsibiiity of Permittee It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions placed on the permit as outlined in the applicable sections of this Title, the Grading Manual, and as contained on the approved grading plans and geotechnical reports_The permittee shall also be responsible for maintaining a copy of the permit and approved plans at the work site, and implementing the applicable requirements of the Citys Standard Grading Notes, as identified in the~radingManual._ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ ~ Deleted: Appendix section of the 78.09.060 Contractor Qualifications All persons performing work pursuant to this Title shall have all valid licenses and insurance required by the State of California and by the City of Temecula. 78.09.080 flight of Entry As a prerequisite for issuance of any grading permit, the owner, contractor or authorized agent of the site to be graded acknowledges and grants permission to the City for right of entry into the site for inspection, emergency work or correction of grading not performed in compliance with the terms and conditions of the permit. The owner, contractor or authorized agent shall agree to indemnify the City for any claims or damages, which may result from the City's entry onto the property including any corrective or emergency action taken pursuant to such right of entry. 78.09.700 Tentative Subdivision or Conditional Use Permit fiequired Under either of the following circumstances, a permit shall not be issued unless and until a tentative map or a conditional use permit has been approved by the City: A. If the purpose of the proposed grading or clearing is to prepare the land for a subdivision or for some use for which a conditional use permit is required; or B. Notwithstanding the purpose of the proposed grading or clearing as stated in the application, if the city engineer finds that the purpose of the proposed grading or clearing is to prepare the land for subdivision or for some use for which a conditional use permit is required. 78.09.720 Types of Permits A. Mass, Rough ar Precise Grading. The city engineer may issue a mass, rough or precise grading permit for grading work upon completion of an application in accordance with the Grading Manual._ _ _ - Deleted: subarticle 3.1 of The issuance of building permits shall be determined as follows: 1. Building permits may be issued for a site graded under a precise grading permit or plan upon completion and approval of the rough grade inspection as specified in~he Grading Manual. _ - Deleted: subarticle ~.s of 2. Building permits shall not be issued for a site graded under a rough grading permit unless a ~ precise grading permit or plan has been issued. B. Stockpiling. Upon approval by the tannin Commission, a_stockpile permit maybe issued for the___ - Deleted: cirycouncil stockpile of soil materials on a lot or parcel provided that the soil materials shall be removed from the site or compacted and graded thereon under a subsequently issued mass, rough or precise grading permit within six (6} months of issuance of a stockpile permit, unless modified by the tannin _ _ ~ ~ Deleted: City Council Commission, in accordance with~he Gradin~Manual. Deleted: Subarticle 4.3 of C. Administrative Clearing. No person shall commence any clearing and grubbing operation without first obtaining a grading or administrative clearing permit in accordance with~he Gradin~Manual._ _ _ _ _ _ _ _ _ -~ Deleted: Subarticle 4.3 of D. Borrow Sites. A grading and/or administrative clearing permit shall not be issued when, in the opinion of the city engineer, a significant amount of barrow or waste material is to be removed from a grading site for commercial purposes unless a Conditional Use Permit in accordance with Chapter 17.04, "Permits" of the Temecula Municipal Code has been issued for the operation of a borrow piton the grading site. E. Pavina• No person shall construct concrete or bituminous pavement surfacing on natural or existing grade in excess of five-thousand (b,000} square feet for any commercial, industrial, multi-residential or other parking lot, without a valid grading permit for such paving (this excludes Single Family Residencel. Maintenance and repaving of existing paved sections shall be exempt from this requirement. F. Watercourse Alteration. No person shall alter an existing watercourse, channel, or revetment by excavating, or placing fill, rock protection or structural improvements therein without an applicable state agency approval and a grading permit unless (i} the requirement for a grading permit is waived by the city engineer, or {ii} the grading is performed as interim protection~n an emergency to prevent_ _ - Deleted: under emergency flood floodin or (iii} a separate improvement plan for such alteration is roved b a licable state fighting conditions agenCleS and the CICy englneeY. '' Deleted: signed by G. Rock Blasting. No rock blasting shall be permitted until apre-blast survey of the surrounding property is conducted to the satisfaction of the city engineer. During rock blasting, seismic recordings shall be taken for all blasts at locations and levels approved by the city engineer. All blasting shall conform to the requirements of the city engineer, as specified in~he Gradin~_Manual. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deleted: subarticle a.s of 78.09.740 Protection of Adjoining Property Each adjacent owner is entitled to the lateral and subjacent support that his land receives from the adjoining land, subject to the right of the ro ert owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement, as follows: A. Any person causing an excavation to be made to a depth of ten feet (10'} or more below the grade and within ten feet (10'} of the property lines} shall protect the excavation so that the soil of adjoining property will not cave in or settle. The person making or causing the excavation to be made shall provide written notification to the adjoining property owner{s} no less than ten (10) days before such excavation is to be made, stating the depth for which such excavation is to be made and when the excavation will begin. B. If at any time it appears that the excavation is of greater depth than are the walls or foundation of an adjoining building or other structure, and the distance from the edge of the excavation to an adjoining building or other structure is less than the depth of the excavation, the person causing the excavation shall notify the owner of the adjoining building or other structure no less than ten {10) days before such excavation is to be made to protect the same from any damage, or to brace or extend the foundations of the noted building or other structure from possible damage from the excavation. C. Excavations shall meet all State and Federal regulations including, but not limited to, any trench greater than five feet U deemsobtaining CAL OSHA permits. D. No grading shall be approved which, in the opinion of the city engineer, physically prevents the use of existing legal access to any parcel. 78.09.760 Protection of Utilities. A. During grading operations, the permittee shall be responsible for the prevention of damage to public utilities or services and for confining grading activities to the area permitted on the approved plans. This responsibility applies within the limits of grading or clearing and along any routes of travel of equipment. B. Before starting any excavation work, the permittee shall be responsible to contact Underground Service Aler of Southern California and coordinate the proposed excavation with all_interested_utility_ _ ~ - Deleted: ,Inc. ------------- companies, districts and agencies. 78.09.780 Maintenance of Protective Devices The owner or agent in control of.,~uch property_on which a radin activit has occurred pursuant to a permit granted under the provisions of this division, ~Shall_ maintain in food condition and repair all_ ystructures, planting and other protective devices~s_per the approved plans ar_required_by fhepermit. ` Any facilities dedicated forpublic use and accepted~y apublic agency are x~___em~t_ _ _ _ _ _ _ ~o li ~` , 78.09.200 Time of Operations ~ ~ A. Time of any grading, clearing and equipment operations pursuant to this Title shall be consistent with ,,, City Ordinance No. 94-25. Grading operations within one-quarter 1~`4 mile of an occupied residence `;n shall not be conducted between the hours of ~30p.m_ and X30 a_m., Monday throu~h_Friday;_or_ '~; between the hours of,~30 p_m._and 00 a_m._on Saturdays.__Further, no_such activity shall be~a +~ undertaken on Sunday or an nationally recognized holidaK_ The city engineer may extend the hours tr permitted for grading or equipment operations if the city engineer determines that such operations are,°~~~ not detrimental to the health, safety or welfare of the inhabitants of nearby structures. Permitted `,r'~~ hours of operation may be shortened by the city engineer's findings of a previously unforeseen effect 'ti;~~' on the health, safety or welfare of the surrounding community. ~~`~ B. Public Works projects of any federal, state or local entity or emergency work by public utilities are ', exempt from the provisions of this Title. Residents working on their property are exempt from the prohibition of construction activities on Sundays and holidays but shall comply with the hourly restrictions set forth for Saturday when working on Sundays and holidays. 78.09.220 Debris on Public and Private Streets This Title forbids the throwing, leaving, maintaining, keeping, placing, dumping, depositing or spilling soil materials on public and private streets or any portion of the public right-of-way. The permittee shall be responsible for the complete removal and cleanup of such materials from the street or any portion of the public right-of-way. If the permittee fails to immediately remove said spillage or deposit from the street and/or public right-of-way, and it is necessary for the City to cause such removal to be made, the cost of Deleted: the Deleted: fill or excavation has been made Deleted: or any other person or agent in control of such property Deleted: retaining walls, cribbing, t drainage Deleted: such as erosion and sediment controls and planting shown i in the approved plans and , specifications or in the record ~,, drawings ~ i, i~ti Deleted: use by the ~ Deleted: for such use l Deleted: excepted y5 ,~ ~ Deleted: six-thirty i~ Deleted: six-thirty ,~ ~,~ti Deleted: six-thirty ~ Deleted: seven , Deleted: s such removal work shall be the responsibility of the permittee. The City may use the grading deposit in accordance with Section 18.24.120, "Grading and Erosion Control Securities" of this Title for this purpose without notice to the owner. An additional cash deposit may be required prior to resumption of grading activities to insure the cleanup of public streets. 78.09.240 Disposal of Materials The disposal of all waste and recycling materials removed as part of any grading project shall be in compliance with the City's Solid Waste Franchise Agreement, as specified within the provisions of the Temecula Municipal Code, Title 8, Chapter 8.20, "Waste Management," and~he_Grading Manual. _ - deleted: suearricie a.a of 18.09.260 Expiration and Renewal oflssued Permits A. A grading permit shall be valid for a period of six {6) months from the date of issuance. t3. The time limitation for all grading permits is also subject to the following provisions: 1. Change of ownership. A permit issued in accordance with these requirements shall terminate upon a change of ownership if the work for which said grading permit was issued has not been completed. In such instances, a new permit shall be required for the completion of the work. a. If the time limitations of paragraph {A} of this section are not applicable, and no changes have been made to the plans and specifications last submitted to the city engineer, no charge shall be made for the issuance of a new permit. b. If changes have been made to the plans and specifications last submitted to the city engineer, fees based on the valuation of the additional or new work, such as additional arthwork and necessaryplan_checking, shall be charged to the permit applicant. _ _ _ _ _ _ _ _ _ _ _ - Deleted: yardage c. New securities and/or deposits shall be submitted by the new owner in accordance with Section 18.24.100, "Grading, Erosion and Sediment Control Securities" of this Title. 2. Permit Extensions. The city engineer may extend the time limit on permits by one (1} or more successive periods of up to~80 days (6 months) upon written request by the applicant showin~to_ - _ - deleted: one-hundred eighty the satisfaction of the city engineer that circumstances beyond the control of the applicant have prevented, delayed or extended the time required to complete the grading operations. 3. Weather-related delaVS. The city engineer may require that grading operations and project designs be modified if delays occur which incur weather-related problems not considered at the time the permit was originally issued. C. As a condition of the extension of any time period, the city engineer may require the payment of additional permit, plan checking, inspection, and/or soils review fees required to cover the administration of the extensions and/or increased costs to the City and to bring the project into conformance with any fee schedule in effect at the time of extension. 78.09.280 Dental of permit A. Hazardous Conditions. A permit shall not be issued in any case where the city engineer determines that the work as proposed by the applicant wit l: 1. Expose any property to landslide or geologic hazard; 2. Adversely interfere with existing drainage courses or patterns; 3. Cause erosion and/or flooding, which could result in the depositing of mud, silt or debris on any other property or public or private street; 4. Create any hazard to person or property; or b. Damage or endanger any environmentally sensitive species and habitats, rocks and/or archaeological artifacts. B. General Conditions. A permit shall not be issued if any of the following apply: 1. If the submittal is incomplete; 2. If the plan as submitted does not comply with the provisions of this Title; 3. If the required security is not posted; 4. If the application contains false information. C. Other. The City engineer shall deny the issuance of a permit if any of the following apply: 1. If prohibited by a duly elected moratorium, court order, injunction, or other legal order; 2. If the applicant or owner has failed to comply with the provisions of this Title; or 3. If the work proposed is not consistent with the City's General Plan, or any element thereof, or any specific plan, conditional use permit, land use Title or regulation, zoning Title regulation or permit, or approved subdivision map. Chapter 18.12 Sections: 18.12.024 18.12.040 18.12.osa 18.12.a8a 18.12.10U 18.12.126 18.12.14Q 18.12.16i} 18.72.020 Cuts ARTICLE 5. GRADING DESIGN STANDARDS Cuts Fills Setbacks Terraces and Terrace drains Subsurface Drainage Pad Grading Asphalt Concrete Pavement Disabled Access Unless otherwise recommendedpy_the Geotechnical EngineeK~r the engineering~eology reports, or both, _ _ and approved by the city engineer, cuts slopes shall be no steeper than twororizontal to one~ertical_~2_1~.~~~` All cuts and excavations shall conform to the provisions of this Title and,jhe Gradin~_Manual. _ ~. ~` Exception: In the absence of an approved geotechnical engineering report, these provisions may be ~~ waived by the city engineer for minor cuts not intended to support structures. ~, A. A cut surface may be at a slope of 1.5 horizontal to 1 vertical (67%) provided that all the following are met: 1. It is not intended to support structures or sur-charges; 2. It is adequately protected against erosion; 3. It is no more than eight feet (8') in height; 4. It is approved bV the City engineer; B. A cut surface in bedrock shall be permitted to be at a slope of one horizontal and one vertical (100%). 78.72.090 Fi!!s -~ Deleted: in Deleted: ing Deleted: and ' Deleted: (2) `~~ Deleted: (1) Deleted: Subarticle 5.1 of Unless otherwise recommended the geotechnical_engineer or the engineering geology reports,_oY_ _ _ _ Deleted: in both, and approved by the city engineer, fills shade in accordance with,~he Grading Manual. _ _ _ _ _ _ _ _ _ _ Deleted: conform tome Provisions of Deleted: Subarticle 52 of 10 Exception: In the absence of an approved geotechnical engineering report, these provisions may be waived by the city engineer for minor fills not intended to support structures. 78.72.060 Setbacks ,,III setbacks and other restrictions specified~,n the_Grading Manual pursuant to the recommendation of a _ - {peleted: The civil or geotechnical engineer, and approved bV the city engineer, are to prevent damage to adjacent Deleted: by Subarticle 5 of properties from erasion or to provide access for slope and drainage structure maintenance. Retaining wal Is maybe used to reduce the required setbacks when approved by the city engineer. Deleted: are minimum and may be increased by the city engineer 78.72.080 Terraces and Terrace Drains Drainage facilities and terraces shall .pe in accordance with the- Grading- Manual _unless_otherwise_ _ _ Deleted: conform tome provisions of approved by the city engineer. subarticle 5.7 of 78.72.700 Subsurface Drainage A. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability and as recommended by the geotechnical engineer~nd/or en~ineerin~geolo~ist._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ peleted: geologist, B. All canyons and buttress fills shall be provided with sub drains approved by the city engineer. 78.72.720 Pad Grading Storm water runoff from lots or adjacent properties shall not be carried over cut or fill slopes steeper than five~torizontal to one~!ertical_~5_1~._ Such runoff shall a in accordance with the Grading Manual. _ _ _ _ _ _ ~\~ - Deleted: (5) 78.72.740 Asphalt Concrete Pavement ~~ ; Deleted: (1) Deleted: conform to the provisions of Asphalt concrete pavement for surfacing of parking lots, private streets, driveways or other similar uses ,subarticles.sof shall.~e in accordance with the Grading Manual unless_otherwise approved by the city engineer- _ _ _ _ _ _ _ _ _ Deleted: conform tome provisions of Subarticle 5.9 of 78.72.760 Disabled Access All site development and precise grading shall be designed to provide access to all entrances and exterior ground-floor exits and to normal paths of travel in accordance with California Disabled Access Regulations {California Code of Regulations, Title 24, Part 2}. 11 Chapter 18.15 ARTICLE 6. EROSION AND SEDIMENT CONTROL Sections: 18.15.020 Construction Runoff Compliance 18.15.040 Erosion and Sediment Control Plans Required 18.15.060 Erasion and Sediment Control Systems 18.15.080 Temporary Site Vegetatior~ _ _ - Deleted: -when Required 18.15.100 Erosion and Sediment Control Maintenance 18.15.120 Erasion and Sediment Control -Agricultural 18.15.140 Additional NPDES Requirements 78.75.020 Construction Runoff Compliance A. All individual construction and grading projects shall implement measures to ensure that pollutants _ _ ~ -~peleted: proposed are not discharged from the site, will be reduced to the Maximum Extent Practicable (MEP} and will not cause or contribute to an exceedance of water quality objectives in the local natural watercourses. All construction~nd radin activities will be in compliance with applicable ordinances, permits and - Deleted: grading other,federal, state and local requirements.______________________________________ '~ Deleted: construction B. The permittee shall adhere to the following requirements: ~ Deleted: applicable 1. Develop and implement an erosion and sediment control plan to manage storm water and non- storm water discharges from the site at all times in accordance with ~he_Grading_Manual.__ - Deleted:subarticle6of Projects disturbing, exposing or stockpiling one (i) acre or more of soil are also required to have coverage under the State General Construction Permit and generate a Storm Water Pollution Prevention Plan (SWPPP) per the State General Construction Permit; 2. Conduct phased grading operations and minimize grading activities during the ,,rainy season. _ Coincide grading with drv weather periods to the extent feasible. Jmplement additional "Bestf Management Practices" (BMP'sl for~ll rain event~;_ _ _ _ _ _ _ _ _ _ _ _ _ `, 3. .install a_combination of erosion_and_sediment control_measures_to effectively prevent erosion and 's, ------ ------- retain sediment on-site throughout the duration of all construction activities. `' i 4. Minimize exposure time of disturbed soil areas; b. Temporarily stabilize and re-seed disturbed soil areas as rapidly as possible; 6. Permanently re-vegetate or landscape as early as feasible; 7. Stabilize all slopes; 8. - Deleted: Minimize grading or c Deleted: wet season and coincide grading with seasonal dry weather periods to the extent feasible Deleted: If grading does occur ~ during the wet season, i ~ '~ Deleted: any Deleted: ,which may occur, as ~ necessary for compliance ~, Deleted: Emphasize erosion prevention as the most important measure for keeping sediment on site during construction;¶ 4 Utilize sediment controls as a supplement to erosion prevention for keeping sediment on-site during construction; ~ ~ Deleted: and Deleted: Provide evidence of existing permit coverage of the General Construction Permit, if applicable. ~'~ Deleted: Appendix of the 9. Implement the applicable requirements of the City's Standard Erosion and Sediment Control Notes, as identified in the~rading Manual. ------------------------------------- Note: The above requirements are applicable to all construction sites regardless of whether the construction site is subject to the State General Construction Permit or other individual National Pollutant Discharge Elimination System (NPDES~ permit. 78.75.040 Erosion and Sediment Contro! Plans Required A. No grading ctivit will be allowed_on any_sin~le grading site underpermit unless the_city engineer_ - ~ -~ Deleted: work has approved an erosion and sediment control plan. 12 B. All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan designed to limit erosion of all disturbed portions of the property and to minimize the transport of soil onto downgrade perimeters, ,private andpublic_storm water conveyance systems, environmentally_sensitiv_e_ _ _ areas and adjacent properties~n accordance with theprovisions of this Chapter and~he_Gradin~ Manual. C. All erosion and sediment control MP's outlined An the erosion and sediment control Ian will be --------- T p :. shown on the SWPPP, if applicable„pnd implemented prior to_October 1 _ of eachyear_ _ _ _ _ _ _ _ _ _ ~ ~ - 78.75.060 Erosion and Sediment Control Systems A. The permittee shall be responsible for the control of erosion and sediment discharge on and from all disturbed areas of grading until.~ssuance of_certificate of occu_panc_y_at which time the BMP's of the_ WQMP shall be in place. B. No grading work shall be allowed on any site when the city engineer determines that erosion, mudflow or sediment discharge may adversely affect downstream properties, drainage courses, storm drains, streets, easements, or public or private facilities or improvements unless an approved erosion and sediment control system has been implemented on the site. If the City determines that it is necessary for the City to cause erosion and sediment control measures to be installed or cleanup to be done, the permittee shall pay all of the Cites direct and indirect costs including extra inspection, supervision and reasonable overhead charges in accordance with Section 18.24.100, "Cost Recovery Fees" of this Title. C. Allprotective devices shown on_ the erosion and sediment control plan and,~n the SWPPP, if applicable, shall be in place ithin seven 7 da s rior to an forecasted rain. If the permittee does not install or~~ maintain erosion and sediment controls, the city engineer may order City crews to do the work or may ~, issue contracts for such work and charge the cost of this work along with reasonable overhead charges to the cash deposits or other instruments implemented for this work without further notification to the owner. No additional work on the project except erosion and sediment control work shall be performed until the full amount drawn from the cash deposit, in accordance with Section 18.24.120, "Grading, Erosion and Sediment Control Securities" of this Title is restored by the permittee. D. "Best Management Practices" fBMP's1 shall be implemented on a continual basis during construction activities. The following minimum criteria shall be met: 1. An effective combination of erosion and sediment controls shall be implemented within seven (7) working days of clearing or inactivity in construction. 2. Soil stockpiles must be stabilized with a combination of erosion and sediment controls and have a daily maintenance frequency or as directed by the city engineer. Deleted: curbs, gutters, streets, drainage inlets, Deleted: and watercourses Deleted: Subarticle 6 of Deleted: "Best Management ~ Practices" ( ~ Deleted: in the Storm Water ~ Pollution Prevention Plan Deleted: will be shown on the erosion and sediment control plan Deleted: acceptance of the completed grading by the Giry Engineer. This responsibility extends to completed and occupied lots. Necessary materials shall be available onsite and stockpiled at convenient locations to facilitate rapid construction of temporary devices, with equipment and workers for emergency work available at all times during the rainy season. Deleted: removable Deleted: outlined Deleted: at the end of each working day during the rainy season 3. Waterway and watercourse protection shall include, but not be limited to, stabilization of the channel before, during and after~n-channel work. _ ._,~ Deleted: any the site. E. Cut and fill slopes shall be,protected to control against erosion and sediment discharge. _ _ _ _ _ _ _ _ _ ~_-_ F. Permittee shall implement BMP's year round _ ,~dditional_ site specific BMP's shall also be_ _ implemented, as necessary, to comply with this T', itle_which maybe more stringent than those `. -- ------ ----- required under the General Construction Permit. G. Permittee shall implement additional controls for construction sites tributary to Clean Water Act (CWA) section 303(d) water bodies impaired for sediment. Each Permittee shall implement additional controls for construction sites within~~djacent_~r_discharging directly_to_receiving waters within environmentallysensltive areas. H. Permittee shall conduct construction site inspection for compliance with this Title and all applicable permits. 78.75.080 Temporary Sire Vegetation, J „Temporary site vegetation shall be_required~as determined b the cit en ineer on an disturbed soil_,' areas of the site for prolonged periods,Af_grading inactiviCy,pr_expiration of agradingpermit inaccordance ~-~ 13 Deleted: The faces of c - Deleted: prepared and maintained - Deleted: and can vary based on wet and dry seasons Deleted: Permittee shall also implement a Deleted: ordinance Deleted: or Deleted: to Deleted: -When Required Deleted: Unless recommended ~~ otherwise by the Giry Engineer, t Deleted: on any portion of the site upon three (3) months Deleted: for that portion of the site with Section 18.09.260, "Expiration and Renewal of Issued Permits" of this Title. Temporary vegetation_ _ shall not negate any City requirement or condition of approval to install permanent landscaping _ _ _ _ --~ 78.75.100 Erosion and Sediment Contro! Maintenance ', A. Prior to and after each rainstorm,.~ll on-site and off-site flow-lines, storm water conveyance systems,_ check dams, chevrons, silt fences and desiltinq basins shall be free of sediment, construction `, materials, waste, miscellaneous debris and deteriorated erosion and sediment controls at all times. B. Prior to and after each rainstorm, the erosion and sediment control system shall be evaluated and revised and repaired as necessary. C. The permittee shall be responsible for and shall take necessary precautions to prevent public trespass onto areas where impounded water, due to erosion and sediment control devices, creates a hazardous condition. 5ignage indicating °ponded water - do not enter" shall be posted. D. The,~ermittee shall_be responsible for continual_maintenance_of the devices during~ll construction_ activities~----------------------------------------------------------- E. In the event the city engineer must cause emergency work to be done, he or she may revoke the grading permit. The permit shall not be renewed until an approved erosion and sediment control system has been installed and the owner has paid any applicable fees. F. If any grading or clearing subject to Section 18.Q3.020 "Permits Required" of this Title has commenced on private property without a valid grading permit, the property owner will be required to stop work prepare and implement an erosion and sediment control plan which has been approved by_ ----- - -------------------- - - ------- the Ciryand obtain a valid grading permit `, 78.75.120 Erasion and Sediment Contras - Agricultural ~, A. Resource Conservation Plans. For all lands used for agricultural purposes within the City of Temecula, the property owner shall cause to be prepared a resource conservation plan, utilizing the best management practices for the prevention of erosion and sedimentation. The resource conservation plan shall be prepared by the USDA Soil Conservation Services or a registered agricultural engineer consultant. B. Implementation of Resource Conservation Plans. The resource conservation plans to be prepared for best management practices implementation is to be prioritized based upon the soil conservation service "soil erosion hazard map" with those areas of high erosion hazard receiving top priority. Resource conservation plans for agricultural areas shall be submitted for review and filing by the City after acceptance by the Regional Water Quality Control Board Deleted: In this instance, cut and fill slopes requiring erosion control shall be vegetated in accordance with Subarticle fi of the Grading Manual. Erosion cc>ntrc>I vegetation is considered temporary, and Deleted: silt and debris shall be removed from check dams, desiltinq basins, curbs, gutters, streets, brow ditches, terrace drains, silt fences and other private and public storm water conveyance systems shall be dewatered to prevent overfilling between storm events. Deleted: premittee ~'~ Deleted: the Deleted: In the event of failure or refusal by the permittee to properly maintain the devices, the City Engineer may cause emergency maintenance work to be done to protect adjacent private and public property. The cost shall be charged to the owner and shall include mobilization costs plus the costs of doing the work in accordance with Section 15.24.100, "Cost Recovery Fees" of this Ordinance. ~~ . ~ '~ Deleted: and 'Deleted: In the event c>f failure by the property owner to install an approved erosion and sediment control system, the Ciry Engineer may cause work to be done to protect adjacent private and public property. The cost shall be charged to the owner in accordance with subsection (E) of this section. C. Annual Report. The property owner of agricultural land shall be responsible for the preparation and submittal to the city engineer an annual report setting forth their progress in the preparation of resource conservation plans and best management practices implementation. Progress reports may ,' be required more frequently if deemed necessary by the city engineer. f~ , r ~ 18.15.140 ~Idditionai NPDES Requirements ~' ~~ A. General Requirements. x411 ~radin~_activities subject_to_the regulations of this Title shall be ,' designed and conducted to minimize runoff ofpll~ollutants onto public of rivate ropertie~and into waters of the United States as required by this section and City Municipal Code, Title 8, `;; Chapter 8.28, Storm Water/Urban Runoff Management and Discharge Control `~ B. Responsibility. It shall be the permittee's responsibility to obtain coverage under the SWRCB `, General Construction Permit.submit~Notice of Intent ~NOI} and appropriate fee to the SWRCB, complete all site-specific Storm Water Pollution Prevention Plans (SWPPP), monitoring and ';~ reporting program plans, reports, certifications, and other information required by the permit and `, or requested by the Regional Water Quality Control Board (RWQCB}, ~,.Jnited_States `.. Environmental Protection Agency (USEPA}, or the city engineer. The permittee shall update all~~ plans as construction activities are modified from their original schedule and/or progress as 14 Deleted: National Poilirtion ,' Discharge Elimination System { Deleted: The permittee shall abide ,' by all of the provisions set forth in the State Water Resources Control Board (SWRCB) NPDES General Permit for construction activity, if applicable. A Waste Discharge Identification Number (W DID) issued by the SW RCB shall be provided to the City prior to any grading. ' Deleted: sediment and Deleted: other Deleted: ,other private properties Deleted: , in accordance with Subarticle 6 of the Grading Manual Deleted: the NPDES application package, Deleted: the Deleted: SWRCB, originally planned. The permittee shall also maintain all erosion and sediment control measures at the site throughout the duration of the project as required by the permit. All of the information noted above shall be maintained on-site during construction and shall be presented upon demand by the SWRCB and/or City of Temecula inspectors. NPDES requirements will remain in effect until Notice of Termination (NOT} requirements are fulfilled. Chapter 18.18 ARTICLE 7. GRADING INSPECTION Sections: 18.18.020 Inspections Required 18.18.040 Grading Requirements 18.18.060 Transfer of Responsibility 16.18.080 Notification of Noncompliance 18.18.100 Speciallnspectians 18.18.120 Stopping and Correction of Work 78.78.020 Inspections Required All grading operations for which a permit is issued pursuant to the provisions of this Title shall be subject to inspection by the city engineer or his or her representative. 78.78.040 Grading Requirements A. Civil Engineer. It shall be the responsibility of the civil engineer who prepared the grading plans to incorporate the applicable recommendations from the geotechnical engineering and geology reports and to incorporate any city engineer approved alternatives into the grading plan. 1. The civil engineer shall be responsible for establishing line and grade for the grading and drainage improvements and shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor and the city engineer. for submittmq a pad celtificaUon letter stating line and glade as evidence that the grading actlvlt+/ has been completed within standard tolerances in accordance with the approved plans and that all Deleted: submit a written statement embankments and cut slo es and ad sizes are as shown on the a roved IanS. as evidence that rough grading for p p pp p land development B. Geotechnical Engineer. The geotechnical engineer's area of responsibility shall include, but not be limited to, performing the preliminary geotechnical engineering investigation and report, determinln~_ _ = Deleted: preparing the preliminary ~ the suitability of soils during grading, providing compaction inspection and testing, and preparing the geotechnical engineering final geotechnical engineering report. C. Engineering Geologist. The engineering geologist's area of responsibility shall include, but not~imited_ _ _ - Deleted: be to, professional inspection and approval of the stability of cut slopes with respect to geological matters, and the need for sub-drains or other groundwater drainage devices. He shall report his findings to the geotechnical engineer for engineering analysis. D. Landscape Architect. The landscape architect shall incorporate applicable recommendations from the geotechnical engineering reports into the landscape and irrigation plans. The landscape architect shall also prepare plan revision to be a roved_by_the_city enginee riot to im lementin the ~ - -~ Deleted: , as required change in the field, _____________________, _ ~'~Deleted:, 1. All ground cover shall provide one-hundred percent (100%} coverage within nine (9} months of Deleted: and shall submitas-graded lantin or additional landsca in shall be re uired in order to meet this standard. p g' p g q drawings incorporating all changes andlor additions made during construction. 15 2. The civil engineer shall be responsible for the preparation of plan revisior4s to be approved by the_ _ - Deleted: ,and upon completion of city engineer prior to implementing the change in the field. tneworlc,tnesubmission otas- graded drawings incorporating all 3. Prior to issuance of buildin ermits for an iven lot or lots, the civil en sneer shall, e res onsible changes andlor additions made g p y g g ~? __ p during construction. 78.78.060 Transfer of 14esponsibility If the civil enginee~of_ record, the geotechnical en~ineer,_ the_engineerin~ ~eolo~ist, or the gradin~_ ~ _ - Deleted: ,engineer contractor of record is changed during the course of the work, the project shall be stopped until: ,,~,._ Thepermittee submits a_letter of notification verifying the change_of the_responsibleprofessional_ and _ _ - {Deleted: 1 ,~._ The new responsible professional submits in writing that he has reviewed all prior_reports_and/or_ ~ _ - Deleted: 2 plans {specified by date and title) and work performed by the responsible professional party, and that he concurs with the findings, conclusions and recommendations, and is satisfied with the work performed. He or she must state that they assume all responsibility within his or her purview as of a specified date. All exceptions shall be justified to the satisfaction of the city engineer. Exception: Where clearly indicated that the firm, not the individual engineer and/or geologist, is the contracting party, the designated engineer or geologist may be reassigned and another engineer and/or geologist within the firm may assume responsibility. 78.78.080 Notification of Noncompliance If, in the course of fulfilling their responsibility under this division, the engineer of record, the geotechnical engineer, the engineering geologist, or the testing agency finds that the work is not being performed in accordance with approved plans, specifications, or this Title, the discrepancies shall be reported immediately in writing to the grading contractor, the permittee and the city engineer. Recommendations for corrective measures shall be submitted for approval to the city engineer. 78.78.700 SpecialInspections The city engineer may establish special inspection requirements in accordance with Chapter 17, Section 1704, "Special_Inspections", of the California Building Code, amended, for special cases involving gradin~_ _ ~ - Deleted: 1 or paving related operations Special cases may apply to work where, in the opinion of the city engineer, it is necessary to supplement the resources or expertise available for inspection. 78.78.720 Stopping and Correction of Work A. The provisions of Appendix Chapter 1, Administration, Section ~ 14,_"Stop_Orders", of the California_ - Deleted: 1042.4 Building Code shall apply to all grading work. Whenever the city engineer or his or her representative determines that any work does not comply with the terms and conditions of the permit, or that that the work is being done improperly or in a hazardous manner, he or she may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such persons shall stop conducting such work until authorized by the city engineer to proceed with the work. B. Whenever any work on which inspections are required is covered or concealed by additional work without first having been inspected, the city engineer may require that such work be exposed for examination. Such work may be subject to additional inspection fees in accordance with Section 18.24.040 (D}, "Grading Permit and Inspection Fee" of this Title. C. If the city inspector finds the soil or other conditions not as stated in the approved plans and geotechnical reports or in additional information which was required for issuance of the grading permit, he may issue a stop work order until a revised grading plan has been approved by the city engineer. D. If, during the course of any clearing, grubbing or grading operations, discovery is made of items of archaeological or paleontological interest, the permittee shall immediately cease operation in the area of discovery and notify the city inspector. Discoveries that may be encountered include, but are not limited to, dwelling sites, stone implements or other artifacts, animal bones, and fossils. The permittee shall obtain the services of a qualified archeologist or paleontologist to investigate the site and assess the significance of the find. Under no circumstances shall anyone remove or disturb any artifacts or remains. Work shall be resumed in the area of discovery at the direction of the city engineer. E. Work may resume and the stop order shall be rescinded upon the city engineer's determination that conditions have changed, corrections have been made, or the causes or actions which required a stop order have been remedied or alleviated to his or her satisfaction. 16 Chapter 18.21 ARTICLE 8. COMPLETION OF WORK Sections: 18.21.020 Final Reports 1821.040 Notification of Completion 78.27.020 Final Reports Upon final completion of the rough grading work, the city engineer may_require_the written approvals,_ ~ - Deleted: work and at final reports, plans and supplements specified in~he Grading Manua_I. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ completion of the worlc,tne ' Deleted: Subarticle 8 of 78.27.040 Notification of Completion The permittee or his agent shall notify the city engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion and sediment control measures, including landscaping and its irrigation system, have been completed in accordance with the approved grading plan, and the required reports have been submitted. Where landscape planting for erosion and sediment control has been installed, final clearance ~i.e. release of security deposits shall not be granted until the plantin as_ _ ~ - Deleted: s been established. The establishment of such erosion and sediment control plantings shall be certified by ~ ' ~ -~ Deleted: have become a licensed Landscape Architect and approved by the city engineer. Chapter 18.24 ARTICLE 9. GRADING FEES AND SECURITIES Sections: 1824.020 Grading, Erosion and Sediment Control Plan Checking Fee 1824.040 Grading Permit and Inspection Fee 1824.060 Review of Geotechnical Reports Fee 1824.080 Refunds 1824.100 Cost Recovery Fees 1824.120 Grading, Erasion and Sediment Control Securities 78.24.020 Grading, Erosion and Sediment Control Plan Checking Fee Before accepting an application and a set of plans and specifications for review, the city engineer shall collect all plan-checking fees. Separate permits and fees shall apply to retaining walls or major drainage structures. All applicants submitting plans as required by this Title shall pay all plan check fees and/or deposits as required by this Title and by Ciry Council resolution establishing applicable fees and deposits. 78.24.040 Grading Permit and Inspection Fee A. All applicants requesting a mass, rough, precise~~stockpile~r_administrative clearing permit as_ _-~ Deleted: or required by this Title shall pay all fees and/or deposits as required by this Title and by City Council ~; ~- peleted: grading permit, resolution establishing applicable fees and deposits. Deleted: permit, B. The fee for a grading permit authorizing additional work~nder a valid permit shall be the difference_ _ _ _ peleted: to that between the fee paid for the original permit and the fee shown for the entire project as indicated in the City's fee schedule. C. A separate permit shall be required for each separate (noncontiguous} site. One permit may cover both an excavation and a fill on the same site. D. Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this Title, except where it can be proven to the satisfaction of the city engineer that an emergency existed that made it impractical to first obtain the permit. A violation shall result in an assessment of double permit fees for work done prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this Title. 17 78.29.060 Review of Geotechnica! Reports Fee Before accepting a geotechnical (soils) report for review, the city engineer shall collect a report review fee. A separate fee will be charged for each individual report submitted for review_ _The_amount shall be_ _ _ ~ -~peleted: fee as set forth by City Council resolution. 18.29.080 Refunds After submittal and commencement of processing by the City, no fee collected pursuant to this division, shall be refunded in whole or in part, except as provided as follows: A. Inspection fees may be refunded, less any City expenses incurred, including,t reasonable overhead- - Deleted: an chargep at any timeprior to the start of the work authorized by thepermit, upon the applicant's W_Yltt_e_n _ Deleted: of twenty percent(26%) request, provided the grading application has expired or has been withdrawn. B. No refund shall be made if the applicant or permittee has any outstanding debts owed to the City, or if corrective work remains to be done on the grading work itself. C. No refund shall be made pursuant to this section if a request for refund is submitted to the City more than one {1) year from the date of payment of the fee as to which a refund is claimed. 78.29.100 Cost Recovery Fees If the city engineer performs emergency work relating to grading and erosion and sediment control on private property, he shall charge the property owner all direct and indirect costs that are necessary to complete the work to his satisfaction. Any costs assessed against the property owner under this section may be appealed to the City Council in accordance with Section 18.27.100, "Appeals" of this Title. 78.29.120 Grading, Erosion and Sediment Control Securities A. Security required. A grading permit shall not be issued unless the permittee first posts a security with the City comprised of a cash deposit, letter of credit, or a combination cash deposit and a corporate surety bond issued by a surety authorized to do business in the State of California,~s specified in~he__ _ - Deleted: in an amount Grading Manual. The security amount is required to assure that the work, if not completed in ~~`~-(Deleted:Subarticle9of accordance with the approved plans and specifications, will be corrected to eliminate any deficiency i ar hazard created by the work or its lack of maintenance, as follows: 1. A cash deposit, in accordance with~he Grading_Manual, may be_required by the city engineer to_ _ _ ensure the elimination of hazardous conditions ~he_emer~ency_maintenance of erosion_and____ sediment control systems,and~o ensure theremoval of stockpiled _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -- ~--- ~. 2. On developments where progressive individual grading projects or several concurrent projects `~~, are being constructed by one owner, a continuing (blanket} bond or other approved security that ~~;, covers all such projects may be accepted in an amount determined by the city engineer. ~~ i~ B. Failure to Complete the Work. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the city engineer may order work required by the permit to be completed or put in a safe condition to his satisfaction. The surety executing such bond, deposit, instrument of credit, or letter of credit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended in causing any and all such required work to be done. C. Default in Performance Conditions. Whenever the city engineer finds or determines that a default has occurred in the performance of any requirement of a condition of a permit issued under the provisions of this Title, written notice thereof shall be given to the principal and to the surety named on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the city engineer to be reasonably necessary for the completion of such work. After receipt of such notice, the surety shall, within the time specified, cause or require the work to be performed, or failing therein, shall pay the estimated cost of doing the work as set forth in the notice. The surety shall pay the City for actual costs in accordance with Section 18.24.100, "Cost Recovery Fees" of this Title. Deleted: Subarticle 9 of Deleted: and Deleted: 2. A cash deposit, in accordance with Subarticle 9 of the Grading Manual, may be required by the city engineer Deleted: for stockpiles \ Deleted: it 5 Deleted: in accordance with Section 18.69.120(C), "Types of Permits" of this Title 18 Chapter 18.27 ARTICLE 10. ORGANIZATION AND ENFORCEMENT Sections: 18.27.020 Powers and Duties of the City Engineer 18.27.040 Violations and Penalties 18.27.060 Hazardous Conditions 18.27.080 Public Nuisance 18.27.104 Appeals 78.27.020 Powers and Duties of the City Engineer The provisions of endix Cha ter 1 Administration Section 104, Duties and Powers of Building Official, of_ _ ~ ~ Deleted: section 262 the California Building Code shall apply to the city engineer and his or her representative for all grading construction and earthwork to be done as required by any conditions of a permit issued pursuant to this Title. 78.27.040 Violations and Penalties A. It shall be unlawful for any person, firm or corporation to do grading work in the City of Temecula, or cause the same to be done, contrary to or in violation of any of the provisions of this Title or State or Federal Law. B. The issuance of a building permit, performance of building permit inspections, or issuance of a certificate of occupancy may be withheld on property on which a violation of the provisions of this Title exist, including work not performed in accordance with the approved plans, until such violations} has been corrected to the satisfaction of the city engineer. C. Any person, firm, or corporation violating any of the provisions of this Title shall be deemed guilty of a misdemeanor. Each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violations of any provisions of this Title are permitted, continued or committed by such person, firm or corporation and shall be punishable as provided for in Chapter 1.20, "General Penalty" of the Temecula Municipal Code. 78.27.060 Hazardous Conditions A. Hazardous conditions exist when the state of any natural ground, natural slopes, excavation, fill or drainage devices are situated on private property in such a manner that they are a hazard to life or limb, or a danger to public safety, or endangers the safety, usability, or stability of adjacent property, structures or public facilities. B. The city engineer or their designee (including City Code Enforcement} may examine, or cause to be examined, every condition reported as hazardous as set forth in subsection (A} of this section. C. Upon confirmation of a hazardous condition, the city engineer or their designee (including City Code Enforcement) shall provide written notification to the permittee, owner or agent in control of property with confirmed hazardous condition, requiring mitigation of said hazardous condition and stipulation of an acceptable time frame for compliance. D. The permittee, owner or agent in control of the property shall comply with any demand for corrective work or repairs as required. In the event that corrective action is not completed within the period specified in writing, the City may exercise any available recourse for correction of said hazardous condition in accordance with Title 8, Chapter 8.12, of this Code. 18.27.080 Public Nuisance For purposes of this Title, the following shall constitute a public nuisance: A. Any grading or other work conducted without a permitwhere it is required by this Title. B. Any grading or other work done in violation of any of the conditions imposed thereon by a permit issued pursuant to this Title. C. Any grading or other work, which fails to be done as required by any conditions of a permit, issued pursuant to this Title. 19 D. The existence of a hazardous condition as defined in Section 1f3.27.Q6Q, of this Title upon the determination by the city engineer that such condition exists. 78.27.100 Appeals A. The applicant, permittee, or any persons} not satisfied with the decision by the city engineer in regards to issuance of a grading permit or the performance of the permitted work, may file a written appeal to the City Clerk for a hearing before the City Council. B. Any such appeal must be made within three (3} calendar days following the decision. C. The City Council will set a hearing to consider the appeal at the earliest possible regularly scheduled City Council meeting. D. The City Council, after receiving and considering all testimony and pertinent documents, may: 1. Uphold the city engineer's decision; or 2. Approve the appeal; or 3. Modify the city engineer's decision, consistent with the requirements of this Title. Chapter 18.33 ARTICLE 11. DEFINITIONS OF TERMS Whenever, in this Title and the Grading Manual, or in any resolution or standard adopted by City Council pursuant to this Title, the following terms are used, they shall have the meaning ascribed to them in this section, unless it is apparent that some other meaning is intended: "Administrative Clearing Permit" means a permit that authorizes the clearing, brushing, or grubbing of a portion of land beyond that scope exempted from the permit process by this Title. "As-Graded" means the site configuration upon completion of grading. This includes all horizontal and vertical dimensions and relationships and all physical features installed, reconstructed, eliminated, or altered by the grading operations as shown on the record drawings prepared by the Engineer of Work. "Accessible Route of Travel" means the continuous unobstructed path connecting all accessible elements and spaces in an accessible building or facility that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by persons with other disabilities, and that also is consistent with the definition of "Path of Travel" in this section. Interior accessible routes may include parking access aisles, curb ramps, crosswalks at vehicular ways, walks, sidewalks, ramps and lifts. An accessible route does not include stairs, steps or escalators. "Accessibility" means the combination of various elements in a building or area, which allows access, circulation, and the full use of the building and facilities by handicapped persons. "Applicant" means any person, corporation, partnership association of any type, public agency or any other legal entity who submits an application for a grading permit pursuant to this Title. "Approval" means that the proposed work or completed work conforms to the requirements of this Title, in the opinion of the city engineer. "ASTM Standards" means the American Society for Testing Materials, which develops standardized test methods, specifications, practices, guides, classifications and terminology in such subject areas as metals, paints, construction, consumer products and many others. "Base" means a layer of specified material of planned thickness placed immediately below the pavement or surfacing. 20 "Bedrock" means in-place solid rock. "Bench" means a relatively level step excavated into soil materials on which fill is to be placed. "BMP's:' means the management practices, operating procedures, and devices implemented to prevent_ _ ~ _ Deleted: t3est Manapetnent or reduce the discharge of pollutants directly or indirectly to public or private~torm water conveVance_ Practices Systems. ' ` `~ Deleted: drainage "Borrow" means soil material acquired from an off-site location for use in grading on a site. "Buttress Fill" means an engineered fill designed to stabilize an adverse geologic condition (landslide, adverse bedding, etc.}. "Certify" or "Certification" means a signed written statement that the specific inspections and/or tests required to be performed on real property have been performed and that the works comply with the applicable requirements of this Chapter, the plans, and the permit. "Gifu Engineer" means the ~itY engineer of the_ City of Temecula or his or her duly _dele~ated_ _ ----- - ---------------------- _ _ Deleted: Director of Public YepYBSentatlVe. Works/Gi En ineer tY 9 "Civil Engineer" means a professional engineer registered in the State of California to practice in the field of civil engineering. "Clearing. Brushing and Grubbing" means the removal or disturbance of vegetation (grass, brush, trees, and similar plant types}, weed abatement, manmade structures, environmentally sensitive species and habitats, rocks, archaeological artifacts and sites, or other environmentally sensitive features by any means for purposes of development or compliance with laws, rules or regulations. For purposes of this chapter, references to "clearing" means clearing, brushing and grubbing individually and separately. "Compaction" means the densification of a fill by mechanical or other acceptable means. "Construction Site" means any project requiring a local grading or building permit, including projects requiring coverage under the General Construction Permit. "Contour Grading" means grading that creates or results in land surfaces that reflect the pre-graded natural terrain or that simulates natural terrain (i.e. rounded, non-planer surfaces and rounded, non- angular intersections between surfaces). "Crib Wall" means a crib type wall as described in the most recent publication of "Standard Plans", Department of Transportation, State of California. "Cross-Lot Drainage" means any drainage course created through grading or excavation that crosses on to another lot either within or outside the subdivision or construction site. ;`Curb Ramp" means a slopingpedestrian wad, _intended_for pedestrian traffic, which_ provides access_ _ . ~ Deleted: "curb cut°° means the between a walk or sidewalk to a su rface located above or below an adjacent curb face. interruption of a curb at a pedestrian way, which separates surfaces that "Cut" see definition for "Excavation.,, - are substantially at the same elevation.¶ S' '" "Dry Season" means May 1 thru September 30 of each year. "Engineer of Record" means the professional engineer holding a current registration in the State of California who supervised the design and signed the grading plan accepted by the city engineer. "Erosion" means the~nrearing away of the ground surface as a result o f th e m ovement of wincliwater or ice_ - Deleted: process by which the _ _ _ _ _ _ _ _ _ `. \ ~ ground surface is worn away "Erosion Control" means anVthing that keeps soil in place. ~ ~~ Deleted: or "Erosion and Sediment Control Plan" is a plan prepared under the direction of and signed by a Civil Engineer competent in the preparation of such plans and knowledgeable about current erosion and sediment control methods. Said plan shall be submitted to the City and shall provide for protection of 21 exposed soils and desiltation of runoff at frequent intervals prior to discharging from a site or to a storm_ water conveyance system (natural watercourses, streets, flow-lines, inlets, outlets, etc.). "Erosion and Sediment Control System" means ~ombination_of_prosion and sediment controls (including effective planting and the maintenance thereof} to protect the project site, adjacent private~~ ~-. property, watercourses, public facilities, graded improvements, existing natural features, archaeological ~~ artifacts, and to relieve waters of suspended sediments or debris prior to discharge from the site. "Excavation" or "Cut" means an act by which soil, sand, gravel, or rock is cut into, dug, quarried, uncovered, removed, or relocated, and shall include the conditions resulting there from. "Expansive Sails" is any soil with an expansion index greater than twenty (20}, as determined by the Expansive Index Tests of the California Building Code. "Fault" means a fracture in the earth's crust along which movement has occurred. A fault, as defined by the California Division of Mines and Geology, is considered active if the movement has occurred within the last eleven thousand years (Holocene geologic time). "Fill" means a deposit of sail, sand, gravel, rock, or other material placed by artificial means. "Flow-line" means v-ditches, brow-ditches, terrace drains, ribbon putters, curb clutters, etc. "Fugitive Dust" means the particulate matter entrained in the ambient air as a result of man-made fugitive dust sources as determined by South Coast Air Quality Management District Rule 403. "General Construction Permit" means the permit issued by the SWRCB to regulate discharges from construction activity. "Geohvdroloav" means all groundwater information, water-well usage rate requirement, seepage elevations, pollution evaluations, projected usage rate considerations, evaluations of impact on existing and future users, and long term projections appropriate to site development. "Geologic Hazard" means any geologic feature capable of producing structural damage or physical injury. Geologic hazards include: A. Landslides and potential slope instabilities resulting from bedding faults, weak clay stone beds, and over steepened slopes. B. Deposits potentially subject to liquefaction, seismically induced settlement, severe ground shaking, surface rupture, debris flows, or rock falls resulting from fault activity. C. Deposits subject to seepage conditions or high-ground water table. "Geatechnical Engineering Report" means a geotechnical report prepared under the responsible supervision of a geotechnical engineer and approved by the city engineer or his representative, which includes: A. Preliminary information concerning engineering properties of soil and rock on a site prior to grading, present, historical, and future groundwater levels, analysis for both gross and surficial slope stability, fill settlement, liquefaction potential, alluvium deposits, describing locations of these materials and providing recommendations for preparation of the site for its intended use. B. A grading report which includes information on site preparation, compaction of fills placed, providing recommendations for structural design and approving the site for its intended use. "Grade" means the vertical elevation of the ground surface. Deleted: along flowage areas, at entrances to storm drains, at entrances to streets and driveways, and at the exit of the area being Deleted: any Deleted: desilting facilities, retarding basins, flow decelerators, andlor erosion protection A. "Existing grade" means the rode rior to radln J Deleted: ground surface prior to any grading ar,tivity B. "Finish grade" means the final grade of the site, which conforms precisely to the Ciry-approved tans, a roved construction than es or ecord drawin S -Deleted: approved p pp g ~--------~----------------------------~=-: C. "Natural grade (or natural ground)" means the ground surface unaltered by artificial means. D. "Rough grade" means the stage at which the work is in to precise conformance with the approved plan and when all excavations far drainage structures and retaining walls are complete. 22 "Grading," means any process of excavation or filling or combination thereof "Greenbaok Standards." means the most recent publication of the Standard Specifications for Public Works Construction, which provides specifications that, have general applicability to public works projects. "Hillside Site," means a site where the existing grade is 20 percent {%} or greater and which may be adversely affected by drainage and/or stability conditions within or from outside the site, or which may cause an adverse affect on adjacent property. "~" means apompacted fill placed in a trench excavated in earth material beneath the_toe of a~lope_ _ _ ~ ~ Deleted: designed "Ke wa " means an excavated trench into com etent earth material beneath the toe of the ro sed fill slo e Deleted: proposed fill y p p po p . y "Landslide" means a perceptible down slope movement of rock, soil, or artificial fill ranging in speed from moderately slow (slump) to very rapid (avalanche). "Maximum Extent Practicable (MEP}" means the Standard_established by Congress in the Clean_ - Deleted: technology6ased Waters Acl~that operators of MS4 permits must meet. _To achieve the MEP standard, hest Management _ _ _ -( Deleted: ,Section 402(p)(3)(B)(iii) Practices must be implemented that are technically feasible (i.e. are likely to be effective) in combination' Wlth treatment methOdS S2YVIng aS a backup. Deleted: municipalities must employ whatever Best Management Practices "Mined Lands" includes the surface, subsurface, and groundwaters of an area in which surface mining operations will be, are being, or have been conducted. This includes private ways and roads appurtenant to any such area, land excavations, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other related materials or property are located. "Municiaal Seaarate Storm Sewer System/MS4 (Permit)" means the certification/regulation requirements that the City must meet to allow storm water discharges into the Waters of the State. "Natural Terrain" means the lay of the land prior to any grading or other artificial landform modification. "National Pollutant Discharge Elimination System tNPDESi" means the permitting and program requirements established by the Federal Clean Water Act and administered by the Environmental Protection Agency to regulate the discharge of pollutants to waters of the United States. "Owner" means a person who owns a site upon which is located grading, clearing, mining, quarrying, and/or commercial extraction operations that are being conducted or may be conducted. "Path of Travel" means a passage that may consist of walks and sidewalks, curb ramps and pedestrian ramps, lobbies and corridors, elevators, other improved areas, or a necessary combination thereof, that provides free and unobstructed access to and egress from a particular area or location for pedestrians and/or wheelchair users. A "path of travel" includes a continuous, unobstructed waV of pedestrian the sanitary facilities. telephones. drinkina fountains and suns servina the altered area. "Permit" means the authorization issued pursuant to this Title, together with the application for the same, the conditions upon which it was issued, and any plans, specifications, reports, and approved modifications thereto. "Permittee" means any person, property owner, contractor or authorized agent to whom a permit is issued pursuant to this Title. "Person" means any individual, firm, association, corporation, organization, or partnership or any city, county, district, the State or any department or agency thereof. (14 Cal. Code of Regulations, Sec. 3501 } "Pollutant" means any agent that may cause or contribute to the degradation of water quality. The term may include, but is not limited to, dredged spoil, rock, sand, silt, solid and liquid waste, oil, fuels, construction related materials, debris and other contaminates. 23 "Precise Conformance", for purposes of this Title, means: A. Pad elevations within plus or minus four-tenths (0.41 of a foot Hof planned elevation or approved construction change: B. Street subgrade within plus or minus four hundredths Of 041 of a foot Hof planned elevation or approved construction change; C. Slope grades within plus or minus.~1/2 foot f0.5') of planned elevation or approve_d_ co_n_str_uc_tio_n_ - Deleted: one change; D. Rock slopes (rip-rap armoring} and horizontal locations within two feet Hof planned elevation and location or approved construction change; E. Drainage gradient to within two-tenths f0.21 of one percent 1% of planned slope or approved construction change; and F. Structures within the tolerances specified in the latest adopted version of the "Standard Specifications for Public Works Construction" (Green Book}. "Precise Grading Permit" means a permit that is issued on the basis of approved plans that show the precise locations of structures, finished elevations, drainage details and all on-site improvements on a given property. "Priority Development Projects" means new development and redevelopment projects, as indicated in the Cit}r's M54 permit requirements. "Private Roads" are roads that have been dedicated to the public, but not accepted for public use or that have been retained as "Private" for private use by the owners or may simply be a road created by private use or easement. "Quarrying"' means the process of removing or extracting stone, rock, or similar materials from an open excavation for financial gain. "Rainy Season" means~ctober 1S' hru April 30'" of the next calendar ~ear._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ `_ - Deleted: the period beginning "Record Drawings" means plans prepared by the engineer of work subsequent to the completion of all ~ Deleted: and ending work on the approved plans and approved changes thereon depicting the as-graded condition. "Regional Water Quality Cantral Baard" (RWQCBl means the ,State's Regional Regulatory AgencV_ ~ _ - Deleted: Regionalwater Quality responsible for protecting waters of the State. conu~ol eoard for the san Diego Region, which includes the Gity of "Retaining Wall" means a wall desi ned to resist the lateral dis lacement of soil or other materials Temecula g p . "Roush Grading Permit" means a permit that is issued on the basis of approved plans that show finished elevations, interim building pad elevations and drainage. "Sediment Control" means anything that captures soil particles after being displaced. "Site" means the real property on which activities subject to this Title may occur. "Slope" means an inclined ground surface of fill, excavation or natural terrain, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. "Slope Revegetation" means the planting of graded slopes with native and/or naturalizing plant species, which, after an initial establishment period, usually requiring irrigation, will survive with normal precipitation. "Slope Stability" shall be defined as follows: A. "Gross stability" means the factor of safety against failure of slope material located below a surface approximately three to four feet deep, measured from and perpendicular to the slope face. B. "Surficial stability" means the factor of safety against failure of the outer three to four feet of slope material measured from and perpendicular to the slope face. 24 "Soil" means any rock, natural soil, or fill, and/or any combination thereof. "South Coast Air Quality Manaaement District" (SCAQMD) means the regulatory authority for all or portions of Los Angeles, Orange, San Bernardino and Riverside Counties that oversees air pollution emissions from stationary sources, including fugitive dust sources generated by construction activity. "State Water Resources Control Board" fSWRCB) means the regulatory authority that develops statewide water protection _olp icies,_establishes water guality_standards, and guides the nine Regional - - -------- --- - ------ - Water Quality Control Boards~hroughout the state. "Stockaile" means a temporary uncompacted fill or embankment placed by artificial means, which is designated or intended to be moved, or relocated at a later date. "Stow Work Order" means an order issued by a City official who requires that specific activity or all activity on a work site be stopped. "Storm Water" means surface runoff and drainage associated with storm events. ;`Storm Water Conveyance System" means any natural watercourses, cu_r_bs_,_gutters, streets,_flow-_ _- lines, inlets, outlets, etc., either public or private, leading to waters of the State "Storm Water Pollution Prevention Plan" fSWPPP) means a documentwhich_meets the requirements set~n the tate's NPDES General ermits for Construction and Industrial activities. The SWPPP~rtust_~ describe the BMP's to be implemented to meet the requirements of the General Permits and this Title. sA rid ~ "Sub-base" means a layer of specified material of planned thickness between a base and the subgrade. ';+~ "Sub-Grade" means the soil prepared to support structures, or that portion of the roadbed on which ~ ` pavement, surfacing, base or subbase, or layer of other material is placed. "Terrace" means a_relatively level step_constructed_in the face of a_graded_slope_surface for drainage ' and maintenance purposes. "Topsoil" means soil which is within the uppermost horizon of a soil profile, and which contains organic matter, nutrients, and microorganisms necessary for plant growth. "Ultimate Right-of-Wav" means the right-of-way shown as ultimate on an adopted precise plan of highway alignment, or a street right-of-way shown within the boundary of a recorded tract map, or a recorded parcel map. The latest adopted or recorded document in the above cases shall take precedence. If none of these exist, the Ultimate Right-of-Way shall be considered to be the right-of-way required by the highway classification as shown on the Master Plan of Arterial Highways. In all other instances, the Ultimate Right-of-Way shall be considered to be the existing right-of-way. "Water Quality Management Plan {WQMP)" means a plan submitted in connection with an application for a City permit or other City approval, identifying the measures that will be used to mitigate the impacts of urban runoff from development projects. "Watercourse" means a permanent or intermittent stream or other body of water, either natural or improved, which gathers or carries surface water. "Watershed" means the geographical area which drains to a specified point on a water course, usually a confluence of streams or rivers (also know as a drainage area, catchment, or river basin. Deleted: allocates water rights adjudicates water right disputes Deleted: plans Deleted: located in the major watersheds of Deleted: "Storm Water Management Plan (SWMP)" means a plan submitted in connection with an application for• a Ciry permit or other Giry approval, identifying the measures that will be used for storm water and non-storm water management during the permitted activity. Deleted: (otherthan aStorm Water Management Plan), ~ Deleted: out Deleted: State General Construction Storm Water Permit or the State ~ General Industrial Storm Water ~ Permit Deleted: submitter to the City Deleted: "Standard Urban Storm Water Mitigation Plan (SUSMPI" means a plan submitted in connection with an application for a Ciry permit or other City approval, identifying the measures that will be used to mitigate the impacts of urban runoff from Priority Qevelopment Projects.¶ "Waters of the State" means any water, surface or underground, nder the urisdiction of the State. _ _ _ _ _ ~ ~ Deleted: within the boundaries of the State including a MS4 Section 5: The provisions of Title 18, Articles 1 through 11, shall apply to all grading permits issued on or after the effective date of this Title. Section 6: The City Council authorizes and directs the Director of Public Works/City Engineer to prepare and utilize a manual of standards setting forth the administrative procedures and technical requirements necessary to implement the provisions of this Ordinance. Such rules, procedures, and 25 requirements shall be entitled "Administrative and Technical Procedures Manual for Grading, Erosion, and Sediment Control" in substantially the form set forth in Exhibit A. Section 7: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application, and to this end, the provisions of this Ordinance are declared to be severable. Section 8: The potential grading and land clearing activities regulated by this Ordinance represent components of the adopted General Plan that has already received the appropriate review when the General Plan was approved. Based on this fact, the City Council hereby finds that the adoption of this Ordinance is exempt from further review pursuant to CEQA Guideline Sections 15162{a) and 15061 {b){3) of the CEQA Guidelines. Section 15162 states that when an EIR has been certified for a project, no additional environmental review is required unless there is substantial evidence that the project has changed. The Final EIR for the City General Plan was certified on November 9, 1993. Section 9: The City Clerk shall certif~ the Ordinance and cause it to be published as required by law. This Ordinance shall take effect on the 30 h day after adoption pursuant to state law. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula on the 20th day of April 2004. 26 PC RESOLUTION NO. 08-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE. CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 18 OF THE TEMECULA MUNICIPAL CODE FOR GRADING, EROSION AND SEDIMENT CONTROL, TO PROVIDE CONSISTENCY WITH THE ADOPTION OF THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE INCLUDING APPENDIX `J', AND TO MAKE OTHER MINOR CLARIFICATIONS AND CORRECTIONS" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, deterrhine and declare that: A. On May 11, 2004, the City Council of the City of Temecula adopted Ordinance 04-04 and added Title 18 pertaining to Grading, Erosion and Sediment Control B. On December 11, 2007, the City Council of the City of Temecula adopted Ordinance 07-17 pertaining to the adoption of the 2007 edition of the California Building Code. Section 2. Recommendation of Approval. That the City of Temecula Planning Commission hereby recommends that the City Council adopt an Ordinance amending portions of Title 18 of the Temecula Municipal Code substantially in the form attached to this resolution as Exhibit A. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval. of the proposed Ordinance: A. In accordance with the California Environmental Quality Act, the proposed Ordinance is not a "Project" and it is determined that these amendments are minor clarifications or typographical corrections of the Code. As such, there is no possibility that the proposed amendments to Title 18 of the Temecula Municipal Code will have a significant effect on the environment. The proposed Ordinance has been deemed to be categorically exempt from further environmental review per Section, 15061(b)(3), a general rule of CEQA that allows a jurisdiction to determine that a project is exempt from CEQA if that jurisdiction can determine with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 16th day of July 2008. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08-35 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of July 2008, by the following vote: ° AYES: 3 PLANNING COMMISSIONERS: Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 2 PLANNING COMMISSIONERS: Carey, Chiniaeff ABSTAIN: 0 PLANNING COMMISSIONERS: None Debbie Ubnoske, Secretary In compliance with the Americans with Disabilities Act, if you need special assistance tc 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 II]. ACTION AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JULY 16, 2008 - 6:00 PM Next in Order: Resolution: 2008 -35 CALL TO ORDER: Flag Salute: Commissioner Guerriero Roll Call: Carey, Chiniaeff, Guerriero, Harter, and Telesio ABSENT: CAREY, CHINIAEFF PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is athree-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR Director's Hearino Summary Report RECOMMENDATION: 1.1 Receive and File Director's Hearing Summary Report APPROVED 3-0-2, CAREY AND CHINIAEFF ABSENT PUBLIC HEARING ITEMS .Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s). at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee 2 RECOMMENDATION: 2.1 .Approve the determination that Condition of Approval #80c for the median is satisfied based on the additional right-of-way dedication at the intersection of Nicolas and Winchester Roads RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION 08-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 18 OF THE TEMECULA MUNICIPAL CODE FOR GRADING, EROSION AND SEDIMENT CONTROL, TO PROVIDE CONSISTENCY WITH THE ADOPTION OF THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE INCLUDING APPENDIX "J" AND MAKE OTHER MINOR CLARIFICATIONS AND CORRECTIONS" RECOMMENDATION: APPROVED 3-0-2. CAREY AND CHINIAEFF ABSENT 4.1 Adopt a resolution entitled: PC RESOLUTION 08- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NUMBER PA07-0340, A MINOR CONDITIONAL USE PERMIT AUTHORIZING A 20,000 SQUARE FOOT VIDEO GAME ARCADE AND PARTY FACILITY WITHIN AN EXISTING COMMERCIAL BUILDING LOCATED AT 27468 YNEZ ROAD (APN 921-320-058) REPORTS FROM COMMISSIONERS REPORTS FROM PLANNING DIRECTOR ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, August 6, 2008, 6:00 P.M. City Council Chambers, 43200 Business Park Drive, Temecula, California. 3 COUNCIL BUSINESS ITEM N~}. 24 Approvals City Attorney Director of Finance 5~~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: August 12, 2008 SUBJECT: Emergency Operations /Communication Update - at the request of Mayor Naggar PREPARED BY: Tamra Middlecamp, Senior Management Analyst RECOMMENDATION: Receive and File BACKGROUND: The City of Temecula has developed the Temecula Alert Program to communicate official information during an emergency or crisis situation that disrupts normal operation of the Temecula Community or threatens the health or safety of members of the community. Temecula Alert is a program that uses several individual resources to advise the community of incidents or emergencies. Temecula Alert uses mass notifications, traffic advisory notices, and emergency news and information systems to communicate during critical events. Citizen Emergency Hotline-The emergency hotline provides updated information in times of disaster. Citizens can call (951) 506-5111 to hear the update. Communicator System-This is similar to what many people calla "Reverse-911 system." In the event of an emergency, this is a tool the City can use to contact the public when needed. The system will automatically call listed and unlisted telephone numbers within the area affected by the emergency and deliver a recorded message. If phone lines are busy, the system will attempt to redial those telephone numbers to make contact. If an answering machine picks up the call, the emergency message will be left on the machine. Cell phones may be registered to the system manually by visiting the city website. Communicator Celphone/VOIP Registration-The phone companies provide the City of Temecula with it's directory of phone line subscribers. However, celphone and VOIP (voice-over Internet protocol) companies do not provide the City with subscriber information. The City of Temecula has created a signup form that allows citizens to attach their cell phone number or VOIP number to their address to be notified by the above mentioned communicator system. Temecula Outreach E-Mail Notifications-The City of Temecula frequently sends out information to the public through our Temecula Outreach Email) eSubscriptions." This is a sign-up based subscription that users can opt-out of anytime. In the event of an emergency, the City may send emergency information through our system to those signed up for the "General Interest -Keeping our Community in the Loop" category. Alert AM 1610 Radio Station-AM 1610 is set to be installed in the AugustlSeptember timeframe and will broadcast seven days a week, 24 hours a day. AM 1610 can also be simulcast to the Temecula Outreach TV channel 3. The mission of the City's AM 1610 radio station is to provide the Temecula community with information about real-time traffic conditions, or provide breaking emergency news and public information. In the case of an emergency, the radio station is the first likely source for providing information available to the public because it is possible that phone and other lines will be down. Even if phone lines are down, citizens will still be able to tune into the radio station for needed public information. The AM Radio Station is a redundancy and a very valuable asset. Temecula Outreach TV-In the event of an emergency, the cable station can be used to run local news feeds, updates of public information from the City, and updates from your public officials on the situation. On an ongoing basis, there are video vignettes that run explaining the importance of being prepared and trained in CERT and disaster preparedness information is also provided. City's Website, www.CityofTemecula.org-In the event of an emergency, the website will be continually updated with the most current information that the City is able to obtain. Citizens, on a daily basis are able to obtain information on CPR, first aid, and Citizens Emergency Response Team (CERT) training. As we learned from the fires in southern California last Fall, it is important that we are prepared for emergencies both on a personal level and on a municipal level. Communication was difficult during the fires and getting information out to the public was a very high priority for the City. Shortly after the fires, the City Council established the External Communications Ad-Hoc Sub-Committee to work on better communications during emergencies in the Temecula Valley. The City of Temecula also has othervery important emergency operations components such as the Temecula Citizen Corps, Citizens Action Patrol, Emergency Operations Center, and shelter operations. Combined, these components will help assist people with disaster preparedness priorto an event and also provide a prepared, physical location for governmental operations to continue. External Communications Ad-Hoc Sub-Committee-This ad-hoc sub-committee consists of Council Member Comerchero and Council Member Edwards. This sub-committee has been meeting with members of the press, radio, cable providers, satellite providers, municipal organizations, first responders, public information officers, the Temecula Valley Chamber of Commerce, and members of the public. The goal of these meetings has been to establish relationships and cooperative agreements for information sharing in the event of an emergency. Temecula Citizen Corps/Citizen Emergency Response Team (CERT)-This program was created following President George W. Bush's 2002 State of the Union address, where he encouraged all citizens to get involved and be prepared to help themselves in the event of any type of emergency. CERT training is a commitment of 20 hours of training. There is no cost for the training and it includes: hands-on instruction in fire suppression, search and rescue, cribbing and medical. The City of Temecula is in the process of establishing a Junior CERT program for interested youths from 12 to 17 available to the public the first quarter of 2009. Citizens Action Patrol (CAP)-The Temecula Police Department has an effective volunteer program known as the Citizens Action Patrol or CAP. The primary function of Community Action Patrol is to patrol the streets of Temecula acting as the "eyes and ears" of the Department, manyspecial details are also handled by the volunteers. The City of Temecula sponsors approximately fifteen Special Events each year. Citizens Action Patrol handles traffic control at these events as well as at road races, parades, and other special events. Other assignments have included surveillance details, anti-graffiti suppression programs, business checks, vacation home checks, school route patrols, and crime scene security. Emergency Operations Center- An Emergency Operations Center (EOC) is the physical location where an organization comes together during an emergency to coordinate response and recovery actions and resources. The EOC is not an incident command post; rather, it is the operations center where coordination and management decisions are facilitated. The City's primary EOC is located at Station 84 and the secondary locations are the Community Recreation Center and also City Hall. Shelter Operations-Shelter locations, when needed, will be opened as required and locations chosen carefully based upon the kind of emergency. These shelters are opened in conjunction with the American Red Cross. There are a number of facilities that are available far the City to use if needed. They include: the Community Recreation Center, Temecula Unified School District (TVUSD) Middle Schools and TVUSD High Schools. City staff have received Red Cross Shelter Training to ensure that there are additional resources to assist in the shelters if they are needed. FISCAL IMPACT: None ATTACHMENTS: None.