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HomeMy WebLinkAbout021009 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694 -6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE FEBRUARY 10, 2009 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. 5:30 P.M. Closed Session of the City Council pursuant to Government Code Section: 1) Conference with City Attorney pursuant to Government Code Sections 54956.9(a) and (c). The Council will meet pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation in which the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and pursuant to Government Code Section 54956.9(c) with respect to the same matter in which the City Council will decide whether to initiate litigation. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. 1 Next in Order: Ordinance: 09 -02 Resolution: 09 -14 CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Earlene Bundy Invocation: Reverend Jonathan Maxey of Grace Chapel of Temecula Valley Flag Salute: Eagle Scouts Troop No. 337 ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS /PROCLAMATIONS Certificates of Achievement for attaining the rank of Eagle Scout 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 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of January 27, 2009. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: 2 RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of December 31, 2008 RECOMM EN DATON: 4.1 Approve and file the City Treasurer's Report as of December 31, 2008. 5 Community Development Block Grant (CDBG) Application Proposals for Fiscal Year 2009- 10 RECOMMENDATION: 5.1 Approve the Community Development Block Grant (CDBG) Finance Committee funding recommendations for fiscal year 2009 -10; 5.2 Authorize the Director of Finance to execute Sub Recipient Agreements for 2009 -10 funding recipients and reprogram CDBG funds in accordance with the budget resolution for general administration of the fiscal year 2009 -10 Community Development Block Grant Funds; 5.3 Authorize the Mayor to execute the Amendment to Supplemental Agreement for the Use of Community Block Grant Funds, dated November 15, 2006. 6 Support of the Plans for the Construction of a New Riverside County Regional Detention Center (at the Request of Council Member Roberts) RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IN SUPPORT OF PLANS FOR THE CONSTRUCTION OF A NEW RIVERSIDE COUNTY REGIONAL DETENTION CENTER 7 Acceptance of certain Public Streets into the City- Maintained System within Tract Map No. 29639 -2 portions of Ynez Road, Date Street, and Equity Drive (located southwest of the intersection of Margarita Road and Date Street within the Harveston Subdivision) RECOMMENDATION: 7.1 Adopt a resolution entitled: 3 RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY- MAINTAINED SYSTEM PORTIONS OF YNEZ ROAD, DATE STREET, AND EQUITY DRIVE (WITHIN TRACT NO. 29639 -2) 8 Cost sharing Reimbursement for regional costs associated with the City's Municipal Stormwater Permit FY 2008 -2009 RECOMMENDATION: 8.1 Approve payment to the Riverside County Flood Control District in the sum of $163,768.34 as the City's portion of the cost sharing reimbursement pursuant to the Implementation Agreement between the Santa Margarita Watershed Permittees approved by the City Council in January 2005. 9 Quitclaim portion of Wolf Creek Trail Park (APN 962- 580 -090) from City of Temecula to Wolf Creek Development, LLC RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE QUITCLAIM OF A PORTION OF ASSESSOR'S PARCEL NUMBER 962 -580 -090 TO WOLF CREEK DEVELOPMENT, LLC AND RESERVING AN EASEMENT FOR PUBLIC PURPOSES OVER SAID PROPERTY 10 Award a Construction Contract for Pavement Rehabilitation De Portola Road Project No. PW06 -10 RECOMMENDATION: 10.1 Award a construction contract for Project No. PW06 -10, Pavement Rehabilitation De Portola Road, to Hardy Harper, Inc. in the amount of $1,161,000 and authorize the Mayor to execute the contract; 10.2 Authorize the City Manager to approve change orders up to 30% of the contract amount, or $348,300; 10.3 Make a finding that the De Portola Road Pavement Rehabilitation Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 11 Establishment and Appointment of Ad -Hoc Subcommittee Summerhouse Senior Housing Development (at the request of Council Member Washington) RECOMMENDATION: 4 11 .1 Establish an ad -hoc subcommittee to assess the opportunities related to the Summerhouse Senior Housing Development; 1 1 .2 Appoint Council Members Roberts and Washington to serve on this ad -hoc subcommittee. 12 Second Reading of Ordinance No. 09 -01 RECOMMENDATION: 12.1 Adopt an ordinance entitled: ORDINANCE NO. 09 -01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TEMECULA MUNICIPAL CODE SECTIONS 17.22.160 THROUGH 17.22.178, INCLUSIVE, REVISING THE RANCHO PUEBLO PLANNED DEVELOPMENT OVERLAY ZONE (PDO -6) TO REVISE THE USES ALLOWED FOR PLANNING AREA C AND ESTABLISH DEVELOPMENT STANDARDS FOR PLANNING AREA C (PLANNING APPLICATION NO. PA07 -0309) 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 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 for the record. CSD CONSENT CALENDAR 13 Action Minutes RECOMMENDATION: 13.1 Approve the action minutes of January 27, 2009. 5 14 Agreement Between the Temecula Community Services District and Willdan Financial Services for Assessment Engineering Services RECOMMENDATION: 14.1 Approve the Agreement between the Temecula Community Service District and Willdan Financial Services for Assessment Engineering Services in the amount of $39,500. 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 for the record. RDA CONSENT CALENDAR 15 Action Minutes RECOMMENDATION: 15.1 Approve the action minutes of January 27, 2009. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT 6 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 16 Approval for levying an assessment for fiscal year 2009 -2010 in connection with the Temecula Valley Tourism Business Improvement District TVTBID) RECOMMENDATION: 16.1 Conduct a public hearing to consider protests regarding the levy of an assessment in conjunction with the Temecula Valley Tourism Business Improvement District; 16.2 Instruct the City Clerk to tabulate any written protests which might be received prior to the close of the public hearing regarding the formation of the proposed District; 16.3 If the City Clerk reports that there is not a majority protest received regarding this District, then adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING AN ASSESSMENT FOR FISCAL YEAR 2009 -10 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) CITY COUNCIL BUSINESS 17 Sex Offender Ordinance (At the Request of Mayor Maryann Edwards) RECOMMENDATION: 17.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADDING CHAPTER 9.60 "SEX OFFENDERS TO TITLE 9 "PUBLIC PEACE, MORALS AND WELFARE OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH LOCAL RESTRICTIONS FOR SEX OFFENDERS CITY MANAGER REPORT CITY ATTORNEY REPORT 7 ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, February 10, 2009, 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 will be available the Friday before the City Council meeting after 4:00 PM. 8 PRESENTATIONS The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Richard P. Aldersley of Troop #337 We congratulate Richard for his achievement on receiving the rank of Eagle Scout. We are proud to present Richard with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this tenth day of February, 2009. 1 Maryann Edwards, Mayor Susan W. Jones, MMC City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Timothy Avery of Troop #337 We congratulate Timothy for his achievement on receiving the rank of Eagle Scout. We are proud to present Timothy with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this tenth day of February, 2009. 1 Maryann Edwards, Mayor Susan W. Jones, MMC City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Chris Clark of Troop #337 We congratulate Chris for his achievement on receiving the rank of Eagle Scout. We are proud to present Chris with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this tenth day of February, 2009. 1 Maryann Edwards, Mayor Susan W. Jones, MMC City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of: Ian E. Shaw of Troop #337 We congratulate Ian for his achievement on receiving the rank of Eagle Scout. We are proud to present Ian with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this tenth day of February, 2009. II 1 1 Maryann Edwards, Mayor Susan W. Jones, MMC City Clerk CONSENT CALENDAR ITEM NO. 1 ITEM NO. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JANUARY 27, 2009 7:00 PM 6:30 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 located at 28725 Pujol Street (APN 922 062 -010), generally located on the west side of Pujol, north of First Street. The negotiating parties are the City of Temecula /Redevelopment Agency and Antonio Muniz. Under negotiation are the price and terms of payment of real property interests. The City /Agency negotiators are Shawn Nelson, Bob Johnson, and John 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. The Closed Session of the City Council was opened at 6:00 PM. A quorum was present. There was no one wishing to speak on the Closed Session items. Therefore, the Council recessed to Closed Session in the Main Conference Room to discuss the matters on the agenda. Next in Order: Ordinance: 09 -01 Resolution: 09 -05 CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Brianna Thomas and Candace Saunders of the Musicians Workshop Invocation: Pastor Bob Branch of The Springs Community Church Flag Salute: Council Member Washington ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS /PROCLAMATIONS Certificates of Achievement to the Murrieta Valley Junior All American Football Broncos Junior Pee -Wee Division 1 PUBLIC COMMENTS Ms. Jane Laskin, Wildomar, representing the Musicians Workshop, addressed the Council. CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. 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 December 16, 2008 Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. 2.2 Approve the action minutes of January 13, 2009 Approved Staff Recommendation (4 -0 -1) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; Council Member Washington abstained; and electronic vote reflected approval. 3 List of Demands Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 09 -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 2 4 Approval of the FY 2009 -10 Temecula Valley Tourism Business Improvement District Advisory Board Annual Report and Declaration of Intention to Levy an Assessment Against Lodging Businesses within the Temecula Valley Tourism Business Improvement District for FY 2009 -10 Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 09 -06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE REPORT OF THE ADVISORY BOARD FOR FISCAL YEAR 2009 -10 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) 4.2 Adopt a resolution entitled: RESOLUTION NO. 09 -07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT AGAINST LODGING BUSINESSES WITHIN THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) FOR FISCAL YEAR 2009 -10 AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF 5 Consider adoption of a Resolution ordering the making of Amended Reassessments, and ordering the public hearing, and directing actions with respect thereto Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 09 -08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING THE MAKING OF AMENDED ASSESSMENT PURSUANT TO PART 10 OF DIVISION 10 OF THE STREETS AND HIGHWAYS CODE AND DIRECTING ACTIONS WITH RESPECT THERETO ASSESSMENT DISTRICT NO. 03 -04 (JOHN WARNER ROAD) 3 5.2 Adopt a resolution entitled: RESOLUTION NO. 09 -09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PRELIMINARILY APPROVING AMENDED ASSESSMENT, ORDERING THE PUBLIC HEARING, AND DIRECTING ACTIONS WITH RESPECT THERETO ASSESSMENT DISTRICT NO. 03 -04 (JOHN WARNER ROAD) 6 Resolution Designating the Locations for the Posting of City Documents Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 09 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING LOCATIONS FOR POSTING OF DOCUMENTS 7 Records Destruction Approval Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. 8 Cultural Resources Monitoring Agreement for the Old Town Infrastructure Project Parking Structure; Project No. PW06 -07 Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Authorize an additional $25,000 for payment of monitoring expenses related to the Cultural Monitoring Agreement with the Pechanga Band of Luseno Indians to monitor excavation and grading activities for Project No. PVV06 -07. 4 9 Ninth Amendment to the Consulting Agreement with Moffatt Nichol Engineers for French Valley Parkway Interstate -15 Over Crossing and Interchange Improvements Project No. PW02 -11 Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Approve the Ninth Amendment to the consultant agreement with Moffatt Nichol Engineers in an amount not to exceed $100,000 for additional services necessary to complete the Project Report and Environmental Document for the French Valley Parkway Interstate -15 Over Crossing and Interchange Improvements Project No. PW02 -11. 10 2009 Workers' Compensation Coverage Annual Renewal Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Approve the contract with the City's current workers' compensation provider, Travelers Insurance Company, as the City's Employee Workers' Compensation Insurance Carrier for 2009 for an estimated premium cost of $308,169, which begins on February 1, 2009. 11 Old Town Police Department Storefront Lease Extension Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 1 1 .1 Approve a one -year lease extension for the Police Department Old Town Storefront property to include a monthly base rental rate of $2,120.70, a variable common area maintenance (CAM), for a total amount of $34,000. 12 Adoption of Complimentary Ticket Policy Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Adopt a resolution entitled: 5 13 Approval of Projects for Annual Federal Appropriation Requests FY 2010 Approved Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected unanimous approval. RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 09 -12 At 7:28 p.m., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:38 p.m. the City Council resumed with regular business. PUBLIC HEARING RESOLUTION NO. 09 -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A COMPLIMENTARY TICKET POLICY PURSUANT TO THE REQUIREMENTS OF FAIR POLITICAL PRACTICES COMMISSION REGULATION 18944.1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A LIST OF PROJECTS TO BE SENT TO FEDERAL LEGISLATORS REQUESTING ANNUAL FEDERAL APPROPRIATIONS 18 A Zoning Amendment to add Planning Area C to the Rancho Pueblo Planned Development Overlay (PDO -6) Planning Application PA07 -0309 Approved Staff Recommendation (4 -0 -1) Council Member Naggar made the motion; it was seconded by Council Member Roberts; Mayor Edwards abstained; and electronic vote reflected approval. RECOMMENDATION: 18.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 09 -01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TEMECULA MUNICIPAL CODE SECTIONS 17.22.160 THROUGH 17.22.178, INCLUSIVE, REVISING THE RANCHO PUEBLO PLANNED DEVELOPMENT OVERLAY ZONE (PDO -6) TO REVISE THE USES ALLOWED FOR PLANNING AREA C AND ESTABLISH DEVELOPMENT STANDARDS FOR PLANNING AREA C (PLANNING APPLICATION NO. PA07 -0309 Staff provided supplemental material (of record) with regard to this item. Mr. Jim Griffin, Temecula, addressed the City Council with regard to this item. 6 19 Vacation of the Existing Public Utility Easement Generally located between Second Street and Third Streets and between Old Town Front Street and Murrieta Creek Channel (Warehouse at Creekside, LLC, Bill Dalton, Applicant) Approved Staff Recommendation (4 -0 -1) Council Member Naggar made the motion; it was seconded by Council Member Washington; Mayor Edwards abstained; and electronic vote reflected approval. RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. 09 -13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING THE VACATION OF THE EXISTING PUBLIC UTILITY EASEMENT GENERALLY LOCATED BETWEEN SECOND AND THIRD STREETS AND BETWEEN OLD TOWN FRONT STREET AND MURRIETA CREEK CHANNEL DEPARTMENTAL REPORTS 20 Planning Department Monthly Report 21 City Council Travel /Conference Report December 2008 22 Public Works Department Monthly Report 23 Police Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that there was no action to report under the Brown Act, noting that if the City were to reach agreement with the property owner, a Purchase and Sale Agreement will be forwarded to the City Council for consideration in Open Session. Additionally, Mr. Thorson noted that Agency Member Roberts did not participate in the Closed Session discussion as he is a Board Member for Habitat for Humanity which owns the neighboring property. 7 ADJOURNMENT At 7:50 p.m. the City Council meeting was formally adjourned to Tuesday, February 10, 2009, 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. ATTEST: Susan Jones, MMC City Clerk [SEAL 8 Maryann Edwards, Mayor ITEM NO. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: February 10, 2009 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Yonker, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: ATTACHMENTS: Resolution List of Demands RESOLUTION NO. 09- Approvals City Attorney Director of Finance City Manager Mf Paz, (10L 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. RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $2,256,475.75. 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 10th day of February, 2009. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ss Maryann Edwards, Mayor I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 09- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of February, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 01/15/2009 TOTAL CHECK RUN 1,089,037.46 01/22/2009 TOTAL CHECK RUN 695,625.57 01/22/2009 TOTAL PAYROLL RUN: 471,812.72 TOTAL LIST OF DEMANDS FOR 02/10/2009 COUNCIL MEETING: 2,256,475.75 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 404,543.18 120 DEVELOPMENT IMPACT FUND 526,275.84 165 AFFORDABLE HOUSING 135,331.89 190 TEMECULA COMMUNITY SERVICES DISTRICT 281,344.33 192 TCSD SERVICE LEVEL B 70,157.34 193 TCSD SERVICE LEVEL "C" LANDSCAPE /SLOPE 77,150.11 194 TCSD SERVICE LEVEL D 1,448.45 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 9,987.99 197 TEMECULA LIBRARY FUND 1,931.81 210 CAPITAL IMPROVEMENT PROJECTS FUND 202,542.98 280 REDEVELOPMENT AGENCY CIP PROJECT 9,566.99 300 INSURANCE FUND 5,790.68 320 INFORMATION SYSTEMS 38,986.63 330 SUPPORT SERVICES 2,254.61 340 FACILITIES 7,943.69 477 CFD- RORIPAUGH 9,406.51 001 GENERAL FUND 312,954.70 165 AFFORDABLE HOUSING 7,109.80 190 TEMECULA COMMUNITY SERVICES DISTRICT 99,593.40 192 TCSD SERVICE LEVEL B 141.35 193 TCSD SERVICE LEVEL "C" LANDSCAPE /SLOPE 5,153.40 194 TCSD SERVICE LEVEL D 1,391.67 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,458.70 197 TEMECULA LIBRARY FUND 779.80 280 REDEVELOPMENT AGENCY CIP PROJECT 3,073.87 300 INSURANCE FUND 1,202.07 320 INFORMATION SYSTEMS 25,807.68 330 SUPPORT SERVICES 4,349.53 340 FACILITIES 8,796.75 1,784,663.03 471,812.72 TOTAL BY FUND: 2,256,475.75 apChkLst Final Check List Page: 1 01/15/2009 8:59:21AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor Description Amount Paid Check Total 129258 01/15/2009 001700 A PLUS TEACHING MATERIALS recreation supplies:Tiny Tot pgrm 216.88 216.88 129259 01/15/2009 004973 ABACHERLI, LINDI TCSD instructor earnings 840.00 840.00 129260 01/15/2009 009374 ALLEGRO MUSICAL VENTURES piano maint svcs: Theater 430.00 430.00 129261 01/15/2009 006915 ALLIE'S PARTY EQUIPMENT equip rental:Old Town event 12/12 1,791.21 equip rental:Old Town event 11/28 319.49 2,110.70 129262 01/15/2009 000936 AMERICAN RED CROSS misc supplies: Aquatics pgrm 32.00 32.00 129263 01/15/2009 011236 AMERICAN TAITRADE INC skateboard build sets:Cultural Arts 904.19 904.19 129264 01/15/2009 004787 AMERIMARK DIRECT promo items:recycling awards 350.40 350.40 129265 01/15/2009 000101 APPLE ONE INC Temp Help Ppe 12/27: Ortiz, V 458.64 Temp Help Ppe 12/27: Stoner, J 520.07 978.71 129266 01/15/2009 001323 ARROWHEAD WATER INC Bottled wtr svcs: Fld Op Ctr 149.36 Bottled wtr svcs: Maint Facility 125.16 Bottled wtr svcs: CRC 143.54 Bottled wtr svcs: TV Museum 22.33 Bottled wtr svcs: Skate Park 8.61 Bottled wtr svcs: Ch Museum 24.16 Bottled wtr svcs: TCC 17.71 Bottled wtr svcs: Theater 38.29 Bottled wtr svcs: Library 49.49 Bottled wtr svcs: CHS Aquatics 4.30 Bottled wtr svcs: Council 5.74 Bottled wtr svcs: TES Aquatics 6.45 Bottled wtr svcs: PBSP 18.32 613.46 129267 01/15/2009 002648 AUTO CLUB OF SOUTHERN Membership: 70939893 CR 47.00 47.00 CALIF 129268 01/15/2009 005946 AYERS DISTRIBUTING COMPANY misc supplies: Spring Egg Hunt 774.00 774.00 129269 01/15/2009 011438 BAKER, BLYTHE EDEN TCSD Instructor Earnings 325.00 325.00 Pagel apChkLst Final Check List Page: 2 01/15/2009 8:59:21AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 129270 01/15/2009 004205 BALLET FOLKLORICO TCSD Instructor Earnings 122.50 TCSD Instructor Earnings 35.00 TCSD Instructor Earnings 140.00 TCSD Instructor Earnings 140.00 437.50 129271 01/15/2009 012423 BATTERY OUTLET INC battery supplies: PWTraffic 290.82 290.82 129272 01/15/2009 012651 BEHAVIOR ANALYSIS TRAINING regist:lvstg Int /Intrg Tech 1/26 -30 944.00 944.00 129273 01/15/2009 010328 BEST IMPRESSIONS promo items: MPSC health fair 525.70 525.70 129274 01/15/2009 012287 BORDEAUX PRINTERS INC Theater brochure:mid season events 2,541.07 2,541.07 129275 01/15/2009 006908 C C COMPANY INC entertainment:High Hopes event 1/2 200.00 entertainment:Old Town holiday 1,500.00 1,700.00 129276 01/15/2009 003138 CAL MAT PW patch truck materials 247.50 PW patch truck materials 247.50 PW patch truck materials 166.18 661.18 129277 01/15/2009 000638 CALIF DEPT OF CONSERVATION 2008 4th Qtr pmt:Strong Motion 6,823.74 6,823.74 129278 01/15/2009 004228 CAMERON WELDING SUPPLY Helium tanks rental /refill:TCSD 42.96 42.96 129279 01/15/2009 004971 CANON FINANCIAL SERVICES, Jan copier lease: Stn 84 182.55 182.55 INC 129280 01/15/2009 008644 CANTRELL, ROGER, AIA, AICP Dec architectural svcs: Planning 2,081.00 2,081.00 129281 01/15/2009 000131 CARL WARREN COMPANY INC Nov Claim adjuster services 2,445.17 2,445.17 129282 01/15/2009 005708 CLEAR CHANNEL radio advertising:Old Town Holiday 1,340.00 1,340.00 BROADCASTING INC 129283 01/15/2009 005447 CLEMENTS, BRIAN reimb: ICC Certification Exp 3/12 80.00 80.00 129284 01/15/2009 008594 COMMUNITY BANK Escrow# 1202:AII American Asphalt 131,063.83 131,063.83 129285 01/15/2009 006303 CONDUIT NETWORKS, INC Network Client Svcs: Info Sys 600.00 600.00 Page2 apChkLst Final Check List Page: 3 01/15/2009 8:59:21AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 129288 01/15/2009 003272 DAISYWHEEL RIBBON COMPANY INC (Continued) Description 129286 01/15/2009 001264 COSTCO WHOLESALE misc supplies: Theater 74.37 129287 01/15/2009 010650 CRAFTSMEN PLUMBING HVAC HVAC svcs: Children's Museum 14,880.00 INC misc plotter supplies: Info Sys misc plotter supplies: Info Sys 129289 01/15/2009 003962 DAVID NEAULT ASSOCIATES INC Dec Idscp insp svcs:Pechanga Pkwy 129290 01/15/2009 008943 DEPT OF GENERAL SERVICES Admin Hearing fees:Byrne Grading (DGS) 129291 01/15/2009 003945 DIAMOND ENVIRONMENTAL Jan portable toilet svc:Rdhwk Pk 55.78 SRVCS Jan portable toilet svc:Vail Rnch Pk Jan portable toilet svc:Veterans Pk Jan portable toilet svc:Lng Cyn Pk Jan portable toilet svc:Riverton Pk 129292 01/15/2009 002701 DIVERSIFIED RISKMUB INT'L Dec special events premiums 129293 01/15/2009 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: B &S 178.69 INC Fuel for City vehicles: Code Enf Fuel for City vehicles: TCSD Fuel for City vehicles: PW Maint Fuel for City vehicles: PW CIP Fuel for City vehicles: PW Lnd Dv Fuel for City vehicles: PW Traffic 129294 01/15/2009 004829 ELLISON WILSON ADVOCACY Jan State Lobbyist svcs: CM LLC 129295 01/15/2009 011292 ENVIRONMENTAL SCIENCE ASSOC. 129296 01/15/2009 003747 FINE ARTS NETWORK misc plotter supplies: Info Sys 489.42 Amount Paid Check Total 55.78 55.78 55.78 55.78 1,037.91 Page3 74.37 14,880.00 150.78 489.42 1,129.62 3,705.00 3,705.00 3,619.00 3,619.00 278.90 1,037.91 265.14 1,004.57 1,114.91 107.61 314.00 48.48 3,033.40 3,500.00 3,500.00 Nov EIR svcs: Tem Water Park 1,000.00 Oct EIR svcs: Tem Water Park 6,385.35 7,385.35 sttlmnt: Into the Woods 1/09 4,523.66 4,523.66 apChkLst 01/15/2009 Final Check List 8:59:21AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 129297 01/15/2009 003347 FIRST BANKCARD CENTER NATIONAL LEAGUE OF CITIES M C I CENTER HILTON NATIONAL LEAGUE OF CITIES MIMI'S CAFE LORMAN EDUCATION SERVICES BOB'S BIG BOY LORMAN EDUCATION SERVICES LIGHT ENERGY STUDIO PUBLIC HOUSE PAYPAL 129298 01/15/2009 012369 FIT LIFE 1 129299 01/15/2009 007866 G C S SUPPLIES INC 129300 01/15/2009 010326 G E MOBILE WATER, INC 129301 01/15/2009 003946 G T ENTERTAINMENT 129302 01/15/2009 011351 GBA MASTER SERIES, INC. 129303 01/15/2009 012066 GEOCON INLAND EMPIRE INC 129304 01/15/2009 008361 GRAPE STOMPERS SQ DANCE CLUB 129305 01/15/2009 005311 H2O CERTIFIED POOL WATER SPCL. (Continued) Description RR reg:NLC Ann'I Cf:3/14 -18 WshDC RR Parking Metrolink Mtg 12/2 RR htl:'08 SCAG Cf:12/4 JC reg:NLC Ann'I Cf: 3/14-18 WshDC GY meal:emp mtg MH 12/9 GY Complex Leave Cf:10/21 PlmSprg GYmeal:Union Mtg 12/10 GY credit:Complex Leave Cf 10/21 HP Infinity Mirror: Ch Museum GR meal:Int Panel Asst Fin Director GR Payflow Pro Transaction TCSD Instructor Earnings TCSD Instructor Earnings toner cartridges: Info Sys Dec rent osmosis washer: Stn 73 entertainment:Team PACE event Add'I GBA Work Master Licenses:IS Nov Geotech Svcs:Pechanga Pkwy TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings Dec pool maint: CRC/TES pools Amount Paid 430.00 11.00 126.00 430.00 13.18 114.21 34.02 107.21 125.64 61.00 59.95 336.00 420.00 513.97 25.86 100.00 7,240.80 13,405.00 7.00 7.00 7.00 Page: 4 Check Total 1,297.79 756.00 513.97 25.86 100.00 7,240.80 13,405.00 900.00 900.00 Page:4 21.00 apChkLst Final Check List Page: 5 01/15/2009 8:59:21AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 129306 01/15/2009 000186 HANKS HARDWARE INC Hardware supplies: Theater 10.19 Hardware supplies: Maint Facility 2.47 Hardware supplies: TCSD Parks 508.63 Hardware supplies: City Hall 258.17 Hardware supplies: Info Sys 11.72 Hardware supplies: PW Traffic 566.76 Hardware supplies: PIN Maint 284.18 1,642.12 129307 01/15/2009 007371 HARVESTON, LLC refund 50 %:ping appl closed 1,100.50 1,100.50 129308 01/15/2009 012655 HICKMAN, MAYLEN refund:sec dep:TCC rental 150.00 150.00 129309 01/15/2009 005579 INLAND EMPIRE PROPERTY billing adj:May -Jun Inv cntrct apprvd 6,070.60 6,070.60 129310 01/15/2009 008662 INLAND VALLEY VICTORY refund:sec dep:CRC rental 150.00 150.00 CHURCH 129311 01/15/2009 006381 JESUCRISTO ES LA, RESPUESTA refund:sec dep:CRC rental 150.00 150.00 129312 01/15/2009 012656 KAZEMIER, BRANDIE refund:sec dep:CRC rental 150.00 150.00 129313 01/15/2009 010088 LEA ASSOCIATES Oct appraisal svcs:Frnch Vly Pkwy 2,520.00 2,520.00 129314 01/15/2009 012654 LEWIS, JAMES refund:prkg cit:viol. dismissed 335.00 335.00 129315 01/15/2009 012657 LLOYD, MARGARET refund:etiquette sury parenting 25.00 25.00 129316 01/15/2009 012364 MASTERS, TRACY reimb: notebook cable 118.51 118.51 129317 01/15/2009 009606 MGT OF AMERICA INC Oct -Nov Financial Cnslt Svcs:Finance 2,771.00 2,771.00 129318 01/15/2009 007210 MIDORI GARDENS Dec landscape svcs: Parks 70,105.00 70,105.00 129319 01/15/2009 010103 MIRAN ENTERPRISES INC Res Imp Prgm: Petricka, Rachel 7,376.17 7,376.17 129320 01/15/2009 012623 MODEL T FORD CLUB OF SAN Lecture presentation:TV Museum 100.00 100.00 DIEGO 129321 01/15/2009 001214 MORNINGSTAR PRODUCTIONS, Parade Announcer: Old Town 1,440.33 1,440.33 LLC PageS apChkLst 01/15/2009 Final Check List 8:59:21AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 129322 01/15/2009 001986 MUZAK- SOUTHERN CALIFORNIA Jan Music Broadcast:Old Town 129323 01/15/2009 012658 NELSON, CATHERINE 129324 01/15/2009 010504 NEXTEL COMMUNICATIONS 129325 01/15/2009 009570 0 C B REPROGRAPHICS 129326 01/15/2009 003964 OFFICE DEPOT BUSINESS SVS DIV 129327 01/15/2009 002105 OLD TOWN TIRE SERVICE 129328 01/15/2009 005656 PAP A 129329 01/15/2009 012659 PANNINGBATAN, EDITH 129330 01/15/2009 000472 PARADISE CHEVROLET CADILLAC 129331 01/15/2009 002099 PASCOE MANAGEMENT LLP 129332 01/15/2009 011426 PDI FINANCIAL IMPREST ACCOUNT 129333 01/15/2009 002498 PETRA GEOTECHNICAL INC 129334 01/15/2009 012660 PHAM, JOHNNY 129335 01/15/2009 012251 PORTRAIT PRODUCTIONS 129336 01/15/2009 000253 POSTMASTER 129337 01/15/2009 002185 POSTMASTER 129338 01/15/2009 011549 POWER SPORTS UNLIMITED (Continued) Description refund:sec dep rental fee:CRC Nov 26-Dec 25 cellular usage /equip Dec reproduction srvcs:PW CIP Div Misc office supplies:pd old town Misc office supplies:pd mall City Vehicle Maint Svcs:TCSD City Vehicle Maint Svcs:Code Enf City Vehicle Maint Svcs:Code Enf Etiwanda Gardens sem:K.Harrington 2/5 refund:sec dep:MPSC rental City veh repair maint: B &S Dept. Jan '08 Restroom Rental:Old Town refund:DIF credit:pujol st apts demo Oct geotech srvcs:murr creek trails refund:sec dep:CRC rental TCSD Instructor Earnings Express Mail Postal Svcs deposit:postage due account Police motorcycle repair maint srvcs Amount Paid 69.11 397.00 1,824.21 1,422.87 29.06 106.44 742.78 152.75 175.00 70.00 150.00 473.51 826.00 526,275.84 940.00 150.00 441.00 55.25 50.00 784.96 Page: 6 Check Total 69.11 397.00 1,824.21 1,422.87 826.00 526,275.84 940.00 150.00 441.00 55.25 50.00 784.96 Page:6 135.50 1,070.53 70.00 150.00 473.51 apChkLst Final Check List Page: 7 01/15/2009 8:59:21AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 129339 01/15/2009 007771 PPSN CORPORATION refund:sec dep:CRC rental 150.00 150.00 129340 01/15/2009 000254 PRESS ENTERPRISE COMPANY 6/16/09- 6/15/10 subscr:tcsd 3254007 165.36 INC 7/22/09 7/21/10 subscr:PW 6178628 165.36 3/14/09-3/13/10 subscr:C.CIrk 1633708 165.36 3/9/09- 3/8/10 subscr:C.Mgr Ofc 9298672 165.36 6/18/09 6/17/10 subscr:Fin. 6683902 165.36 826.80 129341 01/15/2009 004627 PUBLIC SAFETY TECHNOLOGIES Lidar batteries:Police 541.44 INC Pro Laser Handle Repair Srvcs:Police 266.32 Pro Laser Trigger Switch Repair:Police 95.54 903.30 129342 01/15/2009 004529 QUAID TEMECULA HARLEY- Dec Police motorcycle maint srvcs 3,683.86 3,683.86 DAVIDSON 129343 01/15/2009 002612 RADIO SHACK INC Hardware supplies:info sys 43.55 Hardware supplies:info sys 101.37 144.92 129344 01/15/2009 000262 RANCHO CALIF WATER DISTRICT 01 -04- 47210 -0 T.E.S. Pool 209.18 Various Water Meters 8,691.47 Various Water Meters:Fire 409.32 Various Water Meters:PW 673.91 9,983.88 129345 01/15/2009 002654 RANCHO FORD LINCOLN City vehicle maint: stn 84 34.71 34.71 MERCURY 129346 01/15/2009 000271 RBF CONSULTING Nov prof srvcs:O.T. Infrastructure 310.65 310.65 129347 01/15/2009 002907 REINHART FONTES ASSOCIATES Appraisal srvcs:Pujol Street 3,000.00 3,000.00 INC 129348 01/15/2009 003591 RENES COMMERCIAL Weed control:City owed lots 5,187.50 MANAGEMENT Weed control:Citywide R-O-Ws 4,993.75 10,181.25 129349 01/15/2009 012288 RENT A CENTER #4086 Furniture Rental:Teen Dance 1/17/09 214.68 214.68 129350 01/15/2009 002110 RENTAL SERVICE equip rental: pw maint div 14.62 14.62 CORPORATION 129351 01/15/2009 010087 RIGGS RIGGS INC Appraisal srvcs:Diaz Rd /Dendy Pkwy 750.00 750.00 129352 01/15/2009 003698 RIVERSIDE CO ECONOMIC '09 MD &M Conf. /materials 2/9 -12/09 1,000.00 1,000.00 Page:7 apChkLst Final Check List Page: 8 01/15/2009 8:59:21AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor (Continued) Description 129353 01/15/2009 000406 RIVERSIDE CO SHERIFFS DEPT Holiday parade patrol srvcs 12/5/08 Winter Wonderland patrol srvcs 12/12/08 129356 01/15/2009 009746 SIGNS BY TOMORROW Public sign posting /pa08- 0176:PIn dpt Public sign posting /pa07 -0307: Pin dpt 129357 01/15/2009 004814 SIMON WONG ENGINEERING INC Nov Eng Srvcs:Main St Bridge Amount Paid 8,555.92 191.60 Check Total 8,747.52 129354 01/15/2009 000815 ROWLEY, CATHY TCSD Instructor Earnings 392.00 TCSD Instructor Earnings 448.00 TCSD Instructor Earnings 252.00 TCSD Instructor Earnings 756.00 TCSD Instructor Earnings 441.00 TCSD Instructor Earnings 252.00 2,541.00 129355 01/15/2009 010089 SECURITAS SECURITY SRVCS Dec security srvcs:Rdhwk Dog Prk 1,925.00 USA Dec security srvcs:Harveston Lake 3,307.50 5,232.50 148.10 296.20 444.30 5,479.53 5,479.53 129358 01/15/2009 000645 SMART FINAL INC Misc supplies:theater 88.98 88.98 129359 01/15/2009 012182 SMUIN BALLETS SF Performance:theater 1/30 -31/09 12,000.00 12,000.00 129360 01/15/2009 000537 SO CALIF EDISON 2- 29-479 -2981 Temecula Pkwy 115.05 2- 29-974 -7899 Ynez Rd LS-3 58.95 2- 28-171 -2620 Police Mall Stn 378.24 2 -02- 351 -5281 CRC 3,681.74 2- 10- 331 -2153 TCC 706.98 2- 20-798 -3248 C. Museum 819.72 2- 30-066 -2889 Rancho Vista PED 18.65 Dec 2- 30-608 -9384 28582 harveston 413.15 2- 05-791 -8807 various mtrs 11,510.94 2 -01- 202 -7603 arterial st lights 25,681.61 2 -01- 202 -7330 various mtrs 70,046.87 113,431.90 129361 01/15/2009 000282 SO CALIF MUNICIPAL ATHLETIC 2009 mbrshp dues:5 tcsd staff 350.00 350.00 129362 01/15/2009 000519 SOUTH COUNTY PEST CONTROL Jan pest control srvcs:fire stn 84 80.00 80.00 INC 129363 01/15/2009 012652 SOUTHERN CALIFORNIA, Dec #9514910839:phoneusage 444.93 444.93 TELEPHONE COMPANY 129364 01/15/2009 005786 SPRINT Nov 26-Dec 25 cellular usage /equip 6,154.32 6,154.32 Page:8 apChkLst Final Check List Page: 9 01/15/2009 8:59:21AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 129365 01/15/2009 007762 STANDARD INSURANCE Voluntary Supp Life Insurance Payment 689.60 689.60 COMPANY 129366 01/15/2009 002366 STEAM SUPERIOR CARPET carpet cleaning srvcs:crc 12/11/08 245.00 CLEANING Carpet maint srvcs:city hall 12/19/08 475.00 720.00 129367 01/15/2009 000305 TARGET BANK BUS CARD SRVCS Misc supplies:children's museum 7.42 7.42 129368 01/15/2009 011736 TEMECULA TROPHY INC nametags: M.Edwards /J.Comerchero 25.70 nameplate: M. McCracken 8.62 recogn plaque: F. Hogan 113.14 recognition plaques: D. Cregut 89.54 237.00 129369 01/15/2009 010046 TEMECULA VALLEY Nov '08 BID admin fees 811.56 CONVENTION Nov '08 Bus. Impry District Asmnts 40,578.05 39,766.49 129370 01/15/2009 004274 TEMECULA VALLEY SECURITY Locksmith srvcs:var park sites/foc 207.36 207.36 CENTR 129371 01/15/2009 003849 TERRYBERRY COMPANY Emp Recognition: HR service pins 438.47 438.47 129372 01/15/2009 004308 TOWNE COUNTRY AUTO Auto towing srvcs:police 12/31/08 225.00 225.00 TOWING 129373 01/15/2009 010276 TW TELECOM Jan high speed internet fire stn 92 44.95 Jan high speed internet city hall 183.38 228.33 129374 01/15/2009 008517 UNITED SITE SERVICES OF 12/4 -31/08 Fence Rental:Main St Bridge 26.40 26.40 CA,INC 129375 01/15/2009 004261 VERIZON xxx -7530 GIS Library Jan xxx -4200 general usage Jan xxx -1540 general usage Jan xxx -6620 general usage Jan xxx -5180 general usage Jan xxx -8900 gen usage:library Jan xxx- 0682:civic ctr camera Jan xxx- 2372:wolf crk park irrig cntrl Jan xxx -6812 general usage xxx -7562 irrigation controller xxx -1341 Theater xxx -1941 PTA CD TTACSD xxx-3910 1st St Irrigation 129376 01/15/2009 003730 WEST COAST ARBORISTS INC 12/1 -15/08 tree trimming srvcs:citywide 414.71 933.62 87.94 32.50 36.55 740.71 91.58 33.73 87.80 35.64 418.20 67.73 36.72 1,010.00 1,010.00 Page9 3,017.43 apChkLst Final Check List Page: 10 01/15/2009 8:59:21AM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 129377 01/15/2009 000621 WESTERN RIVERSIDE COUNCIL AB939/SB1016 wrkshp: BS /PR 2/18/09 30.00 30.00 OF 129378 01/15/2009 000348 ZIGLER, GAIL reimb:rfrshmnts/Commission mtg 1/12/09 90.81 90.81 Grand total for UNION BANK OF CALIFORNIA: 1,089,037.46 Page:10 apChkLst Final Check List Page: 11 01/15/2009 8:59:21AM CITY OF TEMECULA 121 checks in this report. Grand Total All Checks: 1,089,037.46 Page:11 apChkLst Final Check List Page: 1 01/22/2009 2:51:25PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor Description Amount Paid Check Total 1190 01/22/2009 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 126,078.25 126,078.25 RETIREMENT) 1191 01/22/2009 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 18,760.13 18,760.13 SOLUTION 1192 01/22/2009 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 2,171.16 2,171.16 SOLUTION 1193 01/22/2009 000283 INSTATAX(IRS) Federal Income Taxes Payment 89,221.14 89,221.14 1194 01/22/2009 000444 INSTATAX (EDD) State Disability Ins Payment 22,295.42 22,295.42 129379 01/15/2009 010653 CURTISBERAKHARPSICHORD Harpsichord rental:Theater 1/17 850.00 850.00 SRVCS 129446 01/22/2009 012245 ALEGRIA, GLENDA FAY Support Payment 1,091.00 1,091.00 129447 01/22/2009 002541 BECKER CONSTRUCTION SRVS emerg storm clean up: PW Maint 9,182.30 INC emerg storm clean up: PW Maint 2,974.80 12,157.10 129448 01/22/2009 005665 BLACKS TOWING auto towing svc: Police 97.50 97.50 129449 01/22/2009 010349 CALIF DEPT OF CHILD SUPPORT Support Payment 25.00 25.00 129450 01/22/2009 009431 CALIF FRANCHISE TAX- VEHICLE Support Pmt 339.00 339.00 129451 01/22/2009 011301 CALLAWAY MOTORSPORTS vehicle repair /maint: Police 573.53 573.53 129452 01/22/2009 009640 CERTIFION CORPORATION Dec online dbase subsc: Police 167.90 167.90 129453 01/22/2009 004837 CHERRY VALLEY FEED PET misc food supplies: Police K -9 185.29 185.29 SUPLY 129454 01/22/2009 004609 CINTAS DOCUMENT Dec doc shred svc:PD Old Town 32.50 32.50 MANAGEMENT 129455 01/22/2009 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 131.00 131.00 129456 01/22/2009 012293 CORNER SQUARE GROUP facility rental: teen dance 1/17 700.00 700.00 Page:1 apChkLst 01/22/2009 Final Check List Page: 2 2:51:25PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 129457 01/22/2009 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: CC /Info Sys INC 129458 01/22/2009 002390 EASTERN MUNICIPAL WATER DIST 129459 01/22/2009 003665 EXCEL COMMERCIAL 129460 01/22/2009 001056 EXCEL LANDSCAPE 129461 01/22/2009 012633 FAITH AUTO GLASS TINTING 129462 01/22/2009 011562 FILIPPINI, ANGELO 129463 01/22/2009 003347 FIRST BANKCARD CENTER PAYPAL PLAYNETWORK, INC CONSTANT CONTACT INC FRANKLIN COVEY CONFERENCE MANAGER.COM CONFERENCE MANAGER.COM AMAZON.COM, INC SAN DIEGO COUNTY ASSESSOR 129464 01/22/2009 001989 FOX NETWORK SYSTEMS INC 129465 01/22/2009 011967 FULL VALUE ENTERTAINMENT 129466 01/22/2009 004944 FULLCOURT PRESS 129467 01/22/2009 010326 G E MOBILE WATER, INC (Continued) Description Fuel for City vehicles: Police Jan 95366 -02 Diego Dr Ldscp Dec long distance phone svcs Dec Idscp maint: City Facilities Irrigation repairs: Harveston Irrigation upgrades: Vail Ranch Irrigation repairs: Villages Dec Idscp maint: Medians Dec Idscp maint: Sports Pk /Schools Dec Idscp maint: North Slopes Dec Idscp maint: South Slopes vehicle repair /maint: Code Enf refund:freaky friday bk TT Verisign Payflow Pro Transaction TT radio equip /activation TT Temecula Theater email svc 1 yr TT Daily Planner Materials RJ conference call svcs: Waterpark RJ conference call svcs: Waterpark RJ publication: "The New Urbanism" RJ assessor map detail downloads misc equip: Info Sys sttlmnt: Battle of the Bands 1/9 sttlmnt: Battle of the Bands 1/16 business license forms: Finance Dec osmosis washer maint:Stn 73 Amount Paid 61.99 35.05 19.14 54.45 9,685.00 51.61 595.01 427.68 14,987.00 43,040.00 28,494.00 41,885.00 229.00 20.00 76.50 855.19 630.00 43.06 25.14 44.92 49.80 16.00 860.67 533.40 168.00 856.27 55.00 Check Total Page2 97.04 19.14 54.45 139,165.30 229.00 20.00 1,740.61 860.67 701.40 856.27 55.00 apChkLst 01/22/2009 Final Check List Page: 3 2:51:25PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor 129468 01/22/2009 000177 GLENNIES OFFICE PRODUCTS INC 129469 01/22/2009 003792 GRAINGER 129470 01/22/2009 000186 HANKS HARDWARE INC 129471 01/22/2009 006250 HAZ MAT TRANS INC 129472 01/22/2009 000194 I C M A RETIREMENT -PLAN 303355 129473 01/22/2009 004406 IGOE COMPANY INC 129474 01/22/2009 012670 JACKSON, RICHARD 129475 01/22/2009 001282 KNORR SYSTEMS INC 129477 01/22/2009 003726 LIFE ASSIST INC 129478 01/22/2009 003782 MAIN STREET SIGNS (Continued) Description Office Supplies: MPSC Office Supplies: CRC Office Supplies: Info Sys Office Supplies: Theater Office Supplies: City Clerk Office Supplies: Records Office supplies: PW Admin Office Supplies: CM Office Supplies: Planning Office Supplies: B &S maintenance supplies: Stn 84 maintenance supplies: Stn 84 Hardware supplies: Fire Hardware supplies: MPSC Hardware supplies: TV Museum Hardware supplies: TCC Hardware supplies:TV /Ch Museums Haz Mat svcs: PW waste disposal I C M A Retirement Trust 457 Payment Dec flex benefit plan pmt credit: Dec flex benefit plan pmt refund:sec dep:CRC rental equip /parts: CRC TES pools 129476 01/22/2009 012065 LANCE, SOLL LUNGHARD LLC 07/08 RDA Audit Svcs: Finance 07/08 RDA Audit Svcs: Finance 07/08 RDA Audit Svcs: Finance Medical Supplies: Paramedics Medical Supplies: Paramedics misc street signs: PW Maint misc street signs: PW Maint misc street signs: PW Maint Amount Paid Check Total 64.61 293.13 85.44 133.26 239.00 52.31 660.36 75.98 234.78 8.58 1,847.45 18.06 83.33 101.39 653.77 67.70 25.77 7.39 61.58 816.21 371.25 371.25 9,063.29 9,063.29 382.50 -7.50 375.00 75.00 75.00 1,241.85 1,241.85 1,250.00 479.00 3,356.00 5,085.00 379.78 1,381.53 1,761.31 3,314.39 899.71 2,221.97 6,436.07 Page3 apChkLst Final Check List Page: 4 01/22/2009 2:51:25PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 129479 01/22/2009 004141 MAINTEX INC Custodial Supplies: Ch Museum 74.02 Custodial Supplies: Maint Facility 98.70 Custodial Supplies: CRC 98.70 Custodial Supplies: CRC 623.83 Custodial Supplies: Library 500.13 Custodial Supplies: Ch Museum 312.58 Custodial Supplies: Fld Op Ctr 500.13 2,208.09 129480 01/22/2009 012671 MORALES, VICKI refund:the crucible bk 12.00 12.00 129481 01/22/2009 000845 NATIONAL LEAGUE OF CITIES 3/1/09- 2/28/10 642 City mbrshp dues 6,697.00 6,697.00 129482 01/22/2009 006140 NORTH JEFFERSON BUSINESS Jan -Mar assn dues xx20: F.V. Intrchg 564.02 PARK Jan -Mar assn dues xx17: F.V. Intrchg 415.13 979.15 129483 01/22/2009 009694 ONSTAGE MUSICALS Oscar/Tony Hits 1/18/09 5,471.00 5,471.00 129484 01/22/2009 001958 PERS LONG TERM CARE PERS Long Term Care Payment 377.54 377.54 PROGRAM 129485 01/22/2009 012672 RAMOS, RICHIE refund:algebra adventure bk 19.99 19.99 129486 01/22/2009 000907 RANCHO TEMECULA CAR WASH Dec City vehicle detailing 84.00 84.00 129487 01/22/2009 004584 REGENCY LIGHTING elec. supplies:prks /mpsc /o.t. /t.mus 356.48 356.48 129488 01/22/2009 012545 RENNER, ANDREW V. holiday train:Old Town 12/12/08 678.00 678.00 129489 01/22/2009 002412 RICHARDS WATSON GERSHON Nov 2008 legal services 94,082.06 94,082.06 129490 01/22/2009 012148 RICHARDSON TECHNOLOGIES HVAC repair:theater 502.39 INC HVAC repair:MPSC 261.00 763.39 129491 01/22/2009 006432 RIVERSIDE COMM. COLLEGE Arrest,Search /Seizure trn:R.J. 30.00 30.00 DIST. 129492 01/22/2009 006815 SAN DIEGO, COUNTY OF Support Payment 12.50 12.50 129493 01/22/2009 009980 SANBORN, GWYN Country the Merc 1/10/09 508.50 Country the Merc 1/17/09 499.50 1,008.00 Page:4 apChkLst Final Check List Page: 5 01/22/2009 2:51:25PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA (Continued) Check Date Vendor Description Amount Paid Check Total 129494 01/22/2009 008529 SHERIFFS CIVIL DIV CENTRAL Support Payment 461.88 461.88 129495 01/22/2009 008529 SHERIFF'S CIVIL DIV CENTRAL Support Payment 200.00 200.00 129496 01/22/2009 008529 SHERIFFS CIVIL DIV CENTRAL Support Payment 100.00 100.00 129497 01/22/2009 009213 SHERRY BERRY MUSIC Jazz the Merc 1/8/09 420.00 Jazz the Merc 1/15/09 294.00 714.00 129498 01/22/2009 001544 SKANSKA USA CIVIL WEST Dec Const:Education Center 116,000.00 116,000.00 129499 01/22/2009 000645 SMART FINAL INC Misc supplies:senior health fair 167.62 Misc supplies:mpsc 270.17 437.79 129500 01/22/2009 005154 SMITH, ROBIN refund:sec dep:CRC rental 150.00 150.00 129501 01/22/2009 000537 SO CALIF EDISON Dec 2 -29- 974 -7568 Ynez Rd TC -1 91.67 Jan 2 -28- 397 -1315 Redhawk Pkwy 18.08 Jan 2 -26- 887 -0789 40233 village ped 1,551.00 1,660.75 129502 01/22/2009 002503 SOUTH COAST AIR QUALITY ann'I emissions fee /emerg gen:C.H. 109.00 ann'I operating fees/emerg gen:C.H. 293.21 402.21 129503 01/22/2009 010972 SPORTS FACILITIES GROUP INC Install scoreboard:hockey rink 9,735.00 9,735.00 129504 01/22/2009 012673 TEMECULA VALLEY ELKS refund:sec dep:CRC rental 150.00 150.00 129505 01/22/2009 012674 TUCKER II, PHILLIP refund:library rm rental 42.00 42.00 129506 01/22/2009 004759 TWIN GRAPHICS Vehicle Graphics:Police 565.69 565.69 129507 01/22/2009 000325 UNITED WAY United Way Charities Payment 63.00 63.00 129508 01/22/2009 004261 VERIZON Jan xxx -5072 general usage 2,304.10 2,304.10 129509 01/22/2009 004279 VERIZON CALIFORNIA INC. Dec access CRC phone line 320.00 Dec access C. Mus.phone line 591.40 911.40 129510 01/22/2009 004848 VERIZON SELECT SERVICES INC Jan long distance phone svcs 706.53 706.53 PageS apChkLst Final Check List Page: 6 01/22/2009 2:51:25PM CITY OF TEMECULA Bank union UNION BANK OF CALIFORNIA Check Date Vendor (Continued) Description 129511 01/22/2009 009101 VISION ONE INC Dec ticketing software license:theater Grand total for UNION BANK OF CALIFORNIA: Amount Paid Check Total 2,393.40 2,393.40 695,625.57 Page:6 apChkLst Final Check List Page: 7 01/22/2009 2:51:25PM CITY OF TEMECULA 72 checks in this report. Grand Total All Checks. FUNDS: 001 GENERAL FUND 165 RDA LOW/MOD -20% SET ASIDE 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL "C LANDSCAPE /SLOPE 194 TCSD SERVICE LEVEL D 196 TCSD SERVICE LEVEL "L" LAKE PARK MAIN T. 197 TEMECULA LIBRARY FUND 210 CAPITAL IMPROVEMENT PROJECTS FUND 280 REDEVELOPMENT AGENCY- CIPPROJECT 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 477 CFD- RORIPAUGH 01/22/2009 TOTAL CHECK RUN: 286,974.64 124,205.72 127,321.95 110.47 74,051.38 1,068.05 2,243.52 1,882.32 28,816.96 3,761.56 2,307.60 24,965.24 2,180.93 6,328.72 9,406.51 695,625.57 695, 625.57 Page:7 ITEM NO. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: February 10, 2009 SUBJECT: City Treasurer's Report as of December 31, 2008 PREPARED BY: Rudy Graciano, Revenue Manager Approvals City Attorney Director of Finance City Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of December 31, 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 December 31, 2008. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of December 31, 2008 Investments Certificates of Deposit Bank Managed Pool Accounts Letter of Credit Local Agency Investment Funds Commercial Paper Interest Bearing Federal Agency Callable Securities Federal Agency Bullet Securities Investment Contracts Investments Cash and Accrued Interest Passbook/Checking (not included in yield calculations) Accrued Interest at Purchase Subtotal Total Cash and Investments Total Earnings Current Year Average Daily Balance Effective Rate of Return Reporting period 12/01/2008- 12/31/2008 Run Date: 01/30/2009 08:29 Par Value 873,983.53 107,648,175.99 3.00 41,584,207.60 5,236,000.00 50,000,000.00 9,879,000.00 2,031,468.76 217,252,838.88 4,579,252.62 221,832,091.50 December 31 Month Ending 564,934 46 221,917,046.75 3.00% City of Temecula, California Portfolio Management Portfolio Summary December 31, 2008 Market Value 873,983.53 107,648,175.99 3.00 41,674,864.63 5,226,837.30 50,945,330.00 10,155,871.99 2,031,468.76 No fiscal year history available 873,983.53 107,648,175.99 3.00 41,584,207.60 5,236,000.00 49,996,937.50 9,855,601.99 2,031,468.76 218,556,535.20 217,226,378.37 4,579,252.62 4,579,252.62 2,135.42 2,135.42 4,581,388.04 4,581,388.04 223,137,923.24 221,807,766.41 Book %of Value Portfolio 0.40 49.56 0.00 19.14 2.41 23.02 4.54 0.94 Term 1,177 1 1 1 178 1,348 816 6,979 100.00% 422 312 3.010 3.052 1 Days to Maturity 608 1 1 1 60 1,090 600 3,165 1 City of Temecula 43200 Business Park Drive P.O. BoX 9033 Temecula, CA, 92590 (951)694 -6430 YTM YTM 360 Equiv. 365 Equiv. 5.600 5.678 2.509 2.544 0.000 0.000 2.707 2.744 3.310 3.356 4.010 4.066 3.790 3.843 5.509 5.585 0.000 0.000 422 312 3.010 3.052 Portfolio TEME CP PM (PRF_PM1) SymRept 6.41.202a Report Ver. 5.00 CUSIP Managed Pool 122216003 -2 31846V401 31846V401 31846V401 31846V401 31846V401 31846V401 31846V401 31846V401 31846V401 31846V401 31846V401 31846V401 31846V401 31846V401 31846V401 31846V401 31846V401 31846V401 31846V401 31846V401 744727009 31846V401 31846V401 31846V401 31846V401 31846V401 31846V401 31846V401 31846V401 31846V401 31846V401 31846V401 31846V401 Run Date: 01/30/2009 08:29 Investment Issuer Certificates of Deposit Bank 95453518 -2 88 -12 GENIM2 USBANK Subtotal and Average Accounts CITY COP RE2 01 -2 IMP2 01 -2 RESA2 01 -2 RES B2 01 -2 SP TAX2 03 -1 ACQA1 03 -1 ACQB2 03 -1 BOND2 03 -1 RESA2 03 -1 RESB2 03 -1 SPTAX2 03 -2 ACQ2 03 -2 EMW D2 03 -2 IMP2 03 -2 LOC22 03 -2 PW ADM2 03 -2 RES2 03 -2 SP TX2 03 -3 ACQ1 03 -3 BOND2 03 -3 CITY1 03 -3 EMWD 1 03 -3 RES2 03 -3 SP TAX2 03 -4 ADMIN1 03 -4 PREPMT1 03 -4 REDEMP1 03 -4 RES1 03 -6 BOND1 03 -6 IMP1 03 -6 RES1 03 -6 SPTAX1 88 -12 BOND1 88 -12 GEN1 ASSURED GUARANTY First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury Average Balance 873,983.53 City of Temecula, California Portfolio Management Portfolio Details Investments December 31, 2008 Purchase Date Par Value Market Value 06/12/2007 873,983.53 873,983.53 873,983.53 Stated YTM YTM Days to Maturity Book Value Rate 360 365 Maturity Date 873,983.53 873,983.53 5.600 5.600 5.678 608 09/01/2010 873,983.53 5.600 5.678 608 03/13/2008 1.00 1.00 1.00 1.000 0.986 1.000 1 12208/2008 256,932.41 256,932.41 256,932.41 0.540 0.533 0.540 1 12208/2008 83.51 83.51 83.51 0.540 0.533 0.540 1 12208/2008 41.34 41.34 41.34 0.530 0.523 0.530 1 12/08/2008 65.18 65.18 65.18 0.540 0.533 0.540 1 12208/2008 4,268.81 4,268.81 4,268.81 0.530 0.523 0.530 1 12208/2008 15,099.63 15,099.63 15,099.63 0.530 0.523 0.530 1 12208/2008 0.34 0.34 0.34 0.540 0.533 0.540 1 12208/2008 21,269.12 21,269.12 21,269.12 0.530 0.523 0.530 1 12208/2008 2,308.74 2,308.74 2,308.74 0.530 0.523 0.530 1 12/08/2008 67.98 67.98 67.98 0.530 0.523 0.530 1 12208/2008 91,949.14 91,949.14 91,949.14 0.530 0.523 0.530 1 12/08/2008 4,225.68 4,225.68 4,225.68 0.530 0.523 0.530 1 12/08/2008 4,011.51 4,011.51 4,011.51 0.530 0.523 0.530 1 12208/2008 415.80 415.80 415.80 0.530 0.523 0.530 1 12208/2008 745.69 745.69 745.69 0.530 0.523 0.530 1 12208/2008 367.23 367.23 367.23 0.530 0.523 0.530 1 12208/2008 88.73 88.73 88.73 0.530 0.523 0.530 1 12/04/2008 147,002.91 147,002.91 147,002.91 0.530 0.523 0.530 1 12204/2008 0.51 0.51 0.51 0.530 0.523 0.530 1 12/04/2008 874.21 874.21 874.21 0.530 0.523 0.530 1 0.15 0.15 0.15 0.960 0.947 0.960 1 12204/2008 2,216,941.51 2,216,941.51 2,216,941.51 0.530 0.523 0.530 1 12204/2008 92.92 92.92 92.92 0.530 0.523 0.530 1 12204/2008 6,760.55 6,760.55 6,760.55 0.530 0.523 0.530 1 12204/2008 4,067.85 4,067.85 4,067.85 0.530 0.523 0.530 1 12204/2008 1,879.62 1,879.62 1,879.62 0.530 0.523 0.530 1 12204/2008 5,738.49 5,738.49 5,738.49 0.530 0.523 0.530 1 12/08/2008 0.02 0.02 0.02 0.530 0.523 0.530 1 12/08/2008 871.40 871.40 871.40 0.530 0.523 0.530 1 12208/2008 291.91 291.91 291.91 0.530 0.523 0.530 1 12208/2008 206.23 206.23 206.23 0.530 0.523 0.530 1 12208/2008 2,779.98 2,779.98 2,779.98 0.530 0.523 0.530 1 12208/2008 41,546.27 41,546.27 41,546.27 0.535 0.528 0.535 1 Page 2 Portfolio TEME CP PM (PRF_PM2) SymRept 6.41.202a Report Ver. 5.00 CUSIP Average Purchase Stated YTM YTM Days to Maturity Investment Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 122216009 CITY COP COS First American Treasury 03/13/2008 0.00 0.00 0.00 0.960 0.947 0.960 1 31846V401 CITY COPCIP1 First American Treasury 12208/2008 1,164.01 1,164.01 1,164.01 0.530 0.523 0.530 1 31846V401 CITY COPRES1 First American Treasury 12208/2008 541.64 541.64 541.64 0.530 0.523 0.530 1 31846V401 COP CIPLPF1 First American Treasury 12/08/2008 41,063.85 41,063.85 41,063.85 0.530 0.523 0.530 1 31846V401 RDA 02 INT First American Treasury 12/08/2008 217.77 217.77 217.77 0.530 0.523 0.530 1 31846V401 RDA 02 PRIN1 First American Treasury 12/08/2008 143.85 143.85 143.85 0.530 0.523 0.530 1 31846V401 RDA 06 CIPA1 First American Treasury 12208/2008 16,997.18 16,997.18 16,997.18 0.530 0.523 0.530 1 31846V401 RDA 06A INT1 First American Treasury 12208/2008 200.25 200.25 200.25 0.530 0.523 0.530 1 31846V401 RDA 06B CIP1 First American Treasury 12208/2008 6,818.80 6,818.80 6,818.80 0.530 0.523 0.530 1 31846V401 RDA 06B INT1 First American Treasury 12208/2008 0.00 0.00 0.00 0.530 0.523 0.530 1 31846V401 RDA 068 RES1 First American Treasury 12208/2008 202,135.32 202,135.32 202,135.32 0.530 0.523 0.530 1 31846V401 RDA 07 CAPI1 First American Treasury 12/08/2008 465.49 465.49 465.49 0.530 0.523 0.530 1 107886029 RDA 07 COI First American Treasury 11/01/2007 0.00 0.00 0.00 1.820 1.795 1.820 1 31846V401 RDA 07 ESC1 First American Treasury 12/08/2008 454.43 454.43 454.43 0.530 0.523 0.530 1 31846V401 RDA 07 INT1 First American Treasury 12208/2008 25.16 25.16 25.16 0.530 0.523 0.530 1 31846V401 RDA 07 PROJ1 First American Treasury 12208/2008 17,315.10 17,315.10 17,315.10 0.530 0.523 0.530 1 31846V401 RDA 07 RES1 First American Treasury 12208/2008 91.38 91.38 91.38 0.530 0.523 0.530 1 31846V401 TCSD COPINT First American Treasury 12/08/2008 70.57 70.57 70.57 0.530 0.523 0.530 1 793593011 -1 03 -2 -1 ACQUI CA Local Agency Investment Fun 07/01/2007 42,071,791.82 42,071,791.82 42,071,791.82 2.709 2.672 2.709 1 793593009 -1 03 -2 -1 EMWD CA Local Agency Investment Fun 07/01/2007 1,528,430.40 1,528,430.40 1,528,430.40 2.709 2.672 2.709 1 793593007 -1 03 -2 -1 IMPRO CA Local Agency Investment Fun 07/01/2007 1,175,957.81 1,175,957.81 1,175,957.81 2.709 2.672 2.709 1 793593010 -1 03 -2 -1 PW AD CA Local Agency Investment Fun 07/01/2007 632,799.05 632,799.05 632,799.05 2.568 2.533 2.568 1 793593006 -3 03 -2 -3 RESER CA Local Agency Investment Fun 07/01/2007 3,528,305.54 3,528,305.54 3,528,305.54 2.568 2.533 2.568 1 122216008 CITY COP CIP CA Local Agency Investment Fun 03/13/2008 22,676,413.67 22,676,413.67 22,676,413.67 2.709 2.672 2.709 1 122216003 -1 CITY COP RE1 CA Local Agency Investment Fun 03/13/2008 804,408.81 804,408.81 804,408.81 2.709 2.672 2.709 1 107886008 -1 RDA 06 CIP -1 CA Local Agency Investment Fun 13,655,428.72 13,655,428.72 13,655,428.72 2.353 2.321 2.353 1 107886018 -2 RDA 06 CIP -2 CA Local Agency Investment Fun 2,999,415.65 2,999,415.65 2,999,415.65 2.709 2.672 2.709 1 107886030 -1 RDA 07 CAP -1 CA Local Agency Investment Fun 11/01/2007 358,587.03 358,587.03 358,587.03 2.353 2.321 2.353 1 107886027 -1 RDA 07 ESC -1 CA Local Agency Investment Fun 11/01/2007 4,176,506.23 4,176,506.23 4,176,506.23 2.353 2.321 2.353 1 107886028 -1 RDA 07 PRO -1 CA Local Agency Investment Fun 11/01/2007 10,081,526.49 10,081,526.49 10,081,526.49 2.353 2.321 2.353 1 107886026 -1 RDA 07 RES -1 CA Local Agency Investment Fun 11/01/2007 839,901.60 839,901.60 839,901.60 2.353 2.321 2.353 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 Letter of Credit Subtotal and Average 108,006,212.37 104348006 -1 02008 ASSURANCE CO BOND INSURANCE 07/01/2007 793593006 -2 02006 Citibank, N.A. 07/01/2007 Run Date: 01/30/2009 06:29 City of Temecula, California Portfolio Management Portfolio Details Investments December 31, 2008 107,648,175.99 107,648,175.99 107,648,175.99 1.00 1.00 1.00 1.00 1.00 1.00 1509 2.544 1 0.000 0.000 1 0.000 0.000 1 Page 3 Portfolio TEME CP PM (PRF_PM2) SymRept 6.41.202a CUSIP Letter of Credit 793593006 -1 Local Agency Investment Funds 94669911 -1 03 -1 ACQ A2 CA Local Agency Investment Fun 1,485,566.82 1,485,566.82 1,485,566.82 2.353 2.321 2.353 1 94669921 -1 03 -1 ACQ B2 CA Local Agency Investment Fun 3,798,805.77 3,798,805.77 3,798,805.77 2.353 2.321 2.353 1 744727011 -1 03 -3 ACQ 2 CA Local Agency Investment Fun 3,800,380.16 3,800,380.16 3,800,380.16 2.353 2.321 2.353 1 744727007 -1 03 -3 CITY 2 CA Local Agency Investment Fun 1,906,174.13 1,906,174.13 1,906,174.13 2.353 2.321 2.353 1 744727009 -1 03 -3 EMWD 2 CA Local Agency Investment Fun 0.00 0.00 0.00 2.779 2.741 2.779 1 786776007 -1 03 -6 IMP 1 CA Local Agency Investment Fun 508,758.75 508,758.75 508,758.75 2.353 2.321 2.353 1 SYSCITY CITY CA Local Agency Investment Fun 9,026,629.47 9,053,830.41 9,026,629.47 2.894 2.854 2.894 1 SYSRDA RDA CA Local Agency Investment Fun 11,899,070.00 11,934,926.79 11,899,070.00 2.894 2.854 2.894 1 SYSTCSD TCSD CA Local Agency Investment Fun 9,158,822.50 9,186,421.80 9,158,822.50 2.894 2.854 2.894 1 Commercial Paper Interest Bearing 104348006 -3 104348016 -2 104348000 -3 94669916 -3 94669900 -3 793593016 -3 793593000 -2 744727000 -3 94686006 -3 786776006 -3 Federal Agency Callable Securities 3133X4M1 01075 Federal Farm Credit Bank 09/28/2007 1,000,000.00 1,027,500.00 1,000,000.00 5.000 4.932 5.000 1,366 09/28/2012 31331YSC5 01085 Federal Farm Credit Bank 02/06/2008 2,000,000.00 2,026,880.00 2,000,000.00 3.590 3.541 3.590 1,131 02/06/2012 31331YQX1 01086 Federal Farm Credit Bank 02/11/2008 2,000,000.00 2,005,000.00 2,000,000.00 3.000 2.959 3.000 406 02/11/2010 31331YTS9 01087 Federal Farm Credit Bank 02/14/2008 2,000,000.00 2,034,380.00 2,000,000.00 3.750 3.699 3.750 1,502 02/11/2013 31331YYR5 01091 Federal Farm Credit Bank 03/24/2008 1,000,000.00 1,005,310.00 1,000,000.00 3.150 3.107 3.150 812 03/24/2011 31331YV49 01096 Federal Farm Credit Bank 06/11/2008 2,000,000.00 2,023,760.00 2,000,000.00 4.150 4.093 4.150 1,257 06/11/2012 31331Y2F6 01099 Federal Farm Credit Bank 06/30/2008 2,000,000.00 2,033,120.00 2,000,000.00 4.230 4.172 4.230 910 06/30/2011 31331Y3E8 01103 Federal Farm Credit Bank 07/15/2008 1,000,000.00 1,030,310.00 1,000,000.00 3.950 3.896 3.950 925 07/15/2011 31331Y4G2 01106 Federal Farm Credit Bank 07/28/2008 1,000,000.00 1,015,310.00 1,000,000.00 3.300 3.255 3.300 573 07/28/2010 Run Date: 01/30/2009 08:29 Subtotal and Average 41,100,336.63 City of Temecula, California Portfolio Management Portfolio Details Investments December 31, 2008 Average Purchase Stated YTM YTM Days to Maturity Investment Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date 02005 Ohio Savings Bank 07/01 /2007 1.00 1.00 1.00 0.000 0.000 1 Subtotal and Average 3.00 3.00 3.00 3.00 0.000 0.000 1 41,584,207.60 01 -2 RES A 2 American International Group M 09/05/2008 447,500.00 446,716.88 01 -2 RES B 2 American International Group M 09/05/2008 206,000.00 205,639.50 01 -2 SP TX 3 American International Group M 09/05/2008 81,600.00 81,457.47 03 -1 RES B 3 American International Group M 09/05/2008 226,550.00 226,153.54 03 -1 SP TX 3 American International Group M 09/05/2008 162,700.00 162,415.28 03 -2 LOC -3 American International Group M 09/05/2008 3,504,400.00 3,498,267.30 03 -2 SP TX 2 American International Group M 09/05/2008 130,100.00 129,872.33 03 -3 SP TX 3 American International Group M 09/05/2008 40,750.00 40,678.69 03 -4 RES 3 American International Group M 09/05/2008 93,300.00 93,136.73 03 -6 RES 3 American International Group M 09/05/2008 343,100.00 342,499.58 Subtotal and Average 5,236,000.00 5,236,000.00 5,226,837.30 41,674,864.63 41,584,207.60 2.707 2.744 1 447,500.00 3.310 3.310 3.356 60 03/02/2009 206,000.00 3.310 3.310 3.356 60 03/02/2009 81,600.00 3.310 3.310 3.356 60 03/02/2009 226,550.00 3.310 3.310 3.356 60 03/02/2009 162,700.00 3.310 3.310 3.356 60 03/02/2009 3,504,400.00 3.310 3.310 3.356 60 03/02/2009 130,100.00 3.310 3.310 3.356 60 03/02/2009 40,750.00 3.310 3.310 3.356 60 03/02/2009 93,300.00 3.310 3.310 3.356 60 03/02/2009 343,100.00 3.310 3.310 3.356 60 03/02/2009 5,236,000.00 3.310 3.356 60 Page 4 Portfolio TEME CP PM (PRF_PM2) SymRept 6.41.202a CUSIP Run Date: 01/30/2009 -08:29 City of Temecula, California Portfolio Management Portfolio Details Investments December 31, 2008 Page 5 Average Purchase Stated YTM YTM Days to Maturity Investment Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Callable Securities 31331Y4H0 01107 Federal Farm Credit Bank 07/28/2008 1,000,000.00 1,016,250.00 1,000,000.00 3.750 3.699 3.750 938 07/28/2011 31331Y5N6 01112 Federal Farm Credit Bank 08/20/2008 1,000,000.00 1,019,690.00 1,000,000.00 4.250 4.192 4.250 1,327 08/20/2012 31331Y5J5* 01113 Federal Farm Credit Bank 08/21/2008 1,000,000.00 1,019,060.00 1,000,000.00 4.020 3.965 4.020 1,146 02/21/2012 31331Y5T3 01115 Federal Farm Credit Bank 08/11/2008 1,000,000.00 1,018,750.00 1,000,000.00 4.000 3.945 4.000 952 08/11/2011 31331Y5V8 01117 Federal Farm Credit Bank 08/26/2008 1,000,000.00 1,019,380.00 1,000,000.00 4.400 4.340 4.400 1,698 08/26/2013 31331GAP4 01122 Federal Farm Credit Bank 09/04/2008 1,000,000.00 1,020,000.00 1,000,000.00 4.250 4.192 4.250 1,342 09/04/2012 3133XLSQ7 01069 Federal Home Loan Bank 07/30/2007 1,000,000.00 1,026,560.00 1,000,000.00 5.650 5.573 5.650 1,306 07/30/2012 3133XK2N4 01072 Federal Home Loan Bank 08/24/2007 2,000,000.00 2,015,000.00 2,000,000.00 5.330 5.256 5.329 1,160 03/06/2012 3133XM5R8 01073 Federal Home Loan Bank 08/28/2007 1,000,000.00 1,027,500.00 1,000,000.00 5.080 5.011 5.080 967 08/26/2011 3133XM5E7 01074 Federal Home Loan Bank 08/28/2007 1,000,000.00 1,026,560.00 1,000,000.00 5.220 5.135 5.206 1,335 08/28/2012 3133XQEF5 01089 Federal Home Loan Bank 04/02/2008 1,000,000.00 1,007,190.00 1,000,000.00 3.800 3.748 3.800 1,187 04/02/2012 3133XQY48 01093 Federal Home Loan Bank 04/28/2008 1,000,000.00 1,008,750.00 1,000,000.00 3.600 3.551 3.600 1,030 10/28/2011 3133XRSM3 01102 Federal Home Loan Bank 07/23/2008 1,000,000.00 1,041,250.00 1,000,000.00 4.050 3.993 4.049 1,117 01/23/2012 3133XRTQ3 01104 Federal Home Loan Bank 07/30/2008 1,000,000.00 1,017,500.00 1,000,000.00 4.000 3.946 4.001 1,215 04/30/2012 3133XRVA5 01109 Federal Home Loan Bank 07/30/2008 1,000,000.00 1,040,630.00 1,000,000.00 4.220 4.162 4.220 1,306 07/30/2012 3133XRWE6 01110 Federal Home Loan Bank 08/12/2008 1,000,000.00 1,035,000.00 1,000,000.00 4.125 4.068 4.125 953 08/12/2011 3133XRXX3 01116 Federal Home Loan Bank 08/20/2008 1,000,000.00 1,038,130.00 1,000,000.00 4.070 4.014 4.070 1,327 08/20/2012 3133XRYN4 01118 Federal Home Loan Bank 08/20/2008 1,000,000.00 1,017,190.00 1,000,000.00 3.375 3.329 3.375 596 08/20/2010 3133XRZN3 01119 Federal Home Loan Bank 08/27/2008 1,000,000.00 1,019,690.00 999,750.00 4.000 3.953 4.008 1,152 02/27/2012 3133XS2J6 01120 Federal Home Loan Bank 08/27/2008 1,000,000.00 1,016,560.00 1,000,000.00 3.375 3.329 3.375 603 08/27/2010 3133XS3A4 01121 Federal Home Loan Bank 08/28/2008 1,000,000.00 1,018,440.00 1,000,000.00 3.625 3.559 3.609 788 02/28/2011 3133XKH24 1062 Federal Home Loan Bank 04/16/2007 1,000,000.00 1,012,500.00 1,000,000.00 5.250 5.178 5.250 1,201 04/16/2012 3128X6L61 01084 Federal Home Loan Mtg Corp 02204/2008 2,000,000.00 2,004,660.00 2,000,000.00 4.000 3.945 4.000 1,495 02/04/2013 3128X7TY0 01095 Federal Home Loan Mtg Corp 06/04/2008 2,000,000.00 2,024,400.00 2,000,000.00 4.000 3.945 4.000 1,250 06/04/2012 3136F8TE5 01078 Federal National Mtg Assn 10/15/2007 1,000,000.00 1,001,560.00 1,000,000.00 5.002 4.936 5.005 925 07/15/2011 3136F9C137 01088 Federal National Mtg Assn 03/11/2008 2,000,000.00 2,105,620.00 2,000,000.00 4.000 3.945 4.000 1,530 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2008 1,000,000.00 1,055,000.00 1,000,000.00 4.000 3.945 4.000 1,546 03/27/2013 3136F9MU4 01094 Federal National Mtg Assn 04/30/2008 1,000,000.00 1,007,190.00 1,000,000.00 3.000 2.959 3.000 484 04/30/2010 3136F9UF8 01097 Federal National Mtg Assn 06/24/2008 1,000,000.00 1,013,440.00 1,000,000.00 3.600 3.551 3.600 722 12/24/2010 3136F9UP6 01098 Federal National Mtg Assn 06/24/2008 1,000,000.00 1,015,310.00 997,187.50 4.000 4.044 4.101 904 06/24/2011 3136F9WV1 01100 Federal National Mtg Assn 07/02/2008 1,000,000.00 1,016,250.00 1,000,000.00 4.000 3.945 4.000 547 07/02/2010 3136F9YW7 01108 Federal National Mtg Assn 08/05/2008 1,000,000.00 1,018,750.00 1,000,000.00 4.000 3.945 4.000 946 08/05/2011 Subtotal and Average 49,996,937.50 50,000,000.00 50,945,330.00 49,996,937.50 4.010 4.066 1,090 Federal Agency Bullet Securities 31331XMQ2 01059 Federal Farm Credit Bank 01/26/2007 1,000,000.00 1,057,500.00 1,000,000.00 5.000 4.934 5.002 510 05/26/2010 31331YG46 01092 Federal Farm Credit Bank 04/21/2008 2,000,000.00 2,058,120.00 1,993,700.00 2.630 2.703 2.740 840 04/21/2011 31331Y3P3 01105 Federal Farm Credit Bank 07/15/2008 1,000,000.00 1,053,440.00 998,140.00 3.500 3.514 3.563 1,005 10/03/2011 Portfolio TEME CP PM (PRF_PM2) SymRept 6.41.202a CUSIP Investment Contracts 95453518 -1 88 -12 GEN IM 95453516 -1 88 -12 RES 2 Run Date: 01/30/2009 08:29 IXIS Funding Corp IXIS Funding Corp Subtotal and Average 2,031,468.76 Total and Average 221,917,046.75 City of Temecula, California Portfolio Management Portfolio Details Investments December 31, 2008 Average Purchase Stated YTM YTM Days to Maturity Investment Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Bullet Securities 31331¥3N8 01111 Federal Farm Credit Bank 07/30/2008 1,000,000.00 1,055,000.00 999,000.00 3.625 3.610 3.661 925 07/15/2011 3133XRRU6 01101 Federal Home Loan Bank 07/03/2008 1,000,000.00 1,056,560.00 998,570.00 3.625 3.626 3.676 911 07/01/2011 3133XSDC9 01123 Federal Home Loan Bank 10/02/2008 2,000,000.00 2,005,000.00 2,000,000.00 3.250 3.250 3.295 32 02/02/2009 313385CN4 03 -1 RES A 3 Federal Home Loan Bank 09/25/2008 879,000.00 866,191.99 866,191.99 3.410 6.757 6.851 60 03/02/2009 3136F9ZU0 01114 Federal National Mtg Assn 08/18/2008 1,000,000.00 1,004,060.00 1,000,000.00 4.000 3.945 4.000 778 02/18/2011 Subtotal and Average 9,927,129.12 9,879,000.00 10,155,871.99 9,855,601.99 3.790 3.843 600 07/24/1998 07/24/1998 500,000.00 1,631,468.76 500,000.00 1,531,468.76 2,031,468.76 2,031,468.76 Page 6 500,000.00 5.430 5.509 5.585 3,165 09/01/2017 1,531,468.76 5.430 5.509 5.585 3,165 09/01/2017 2,031,468.76 5.509 5.585 3,165 217,252,838.88 218,556,535.20 217,226,378.37 3.010 1052 312 Portfolio TEME CP PM (PRF_PM2) SymRept 6.41.202a CUSIP Retention Escrow Account Average Purchase Stated YTM YTM Days to Investment Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity SYSAAA #1202 AAA #1202 COMMUNITY BANK 08/29/2008 274,796.03 274,796.03 274,796.03 0.000 0.000 1 4110170281 EDGEDEV TORRY PINES BANK 11/14/2008 20,436.82 20,436.82 20,436.82 0.000 0.000 1 Passbook /Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2007 2,810.00 2,810.00 2,810.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2007 23,806.44 23,806.44 23,806.44 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 07/01/2007 4,241,705.58 4,241705.58 4,241,705.58 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2007 15,697.75 15,697.75 15,697.75 0.000 0.000 1 Run Date: 01/30/2009 06:29 Average Balance Total Cash and Investments 221,917,046.75 City of Temecula, California Portfolio Management Portfolio Details Cash December 31, 2008 0.00 Accrued Interest at Purchase 2,135.42 Subtotal 4,581,388.04 4,581,388.04 2,135.42 1 221,832,091.50 223,137,923.24 221,807,766.41 3.010 3.052 312 Page 7 Portfolio TEME CP PM (PRF_PM2) SymRept 6.41.202a Cash and Investments Report CITY OF TEMECULA Through December 2008 Fund Total 001 GENERAL FUND 43,187,682.67 100 STATE GAS TAX FUND 0.00 101 STATE TRANSPORTATION FUND 247,095.46 120 DEVELOPMENT IMPACT FUND 5,352,683.14 140 COMMUNITY DEV BLOCK GRANT 54.04 150 AB 2766 FUND 501,022.45 160 AB 3229 COPS 0.00 165 RDA AFFORDABLE HOUSING 20% SET ASIDE 8,460,276.39 170 MEASURE A FUND 8,654,195.82 190 TEMECULA COMMUNITY SERVICES DISTRICT 615,162.35 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 3,593.24 193 TCSD SERVICE LEVEL "C" LANDSCAPE /SLOPE 29,443.55 194 TCSD SERVICE LEVEL "D" 389,917.28 195 TCSD SERVICE LEVEL "R" STREET /ROAD 38,410.06 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 142,321.74 197 TEMECULA LIBRARY FUND 2,085,081.87 210 CAPITAL IMPROVEMENT PROJECT FUND 40,551,351.17 261 CFD 88 -12 ADMIN EXPENSE FUND 0.00 271 CFD 01 -2 HARVESTON IMPROVEMENT FUND 0.00 272 CFD 01 -2 HARVESTON A &B IMPROVEMENT 256,932.41 273 CFD 03 -1 CROWNE HILL IMPROVEMENT FUND 5,303,741.03 274 AD 03 -4 JOHN WARNER IMPROVEMENT FUND 0.00 275 CFD 03 -3 WOLF CREEK IMPROVEMENT FUND 5,854,431.56 276 CFD 03 -6 HARVESTON 2 IMPROVEMENT FUND 509,630.15 277 CFD RORIPAUGH 44,875,793.64 280 REDEVELOPMENT AGENCY CIP PROJECT 18,679,663.13 300 INSURANCE FUND 1,598,345.25 310 VEHICLES FUND 687,378.06 320 INFORMATION SYSTEMS 264,110.33 330 SUPPORT SERVICES 278,209.33 340 FACILITIES 38,195.93 370 CITY 2008 COP'S DEBT SERVICE 846,228.67 380 RDA DEBT SERVICE FUND 16,830,715.91 390 TCSD 2001 COP'S DEBT SERVICE 9,131.03 460 CFD 88 -12 DEBT SERVICE FUND 3,553,893.16 470 CFD 01 -2 HARVESTON DEBT SERVICE FUND 0.00 471 CFD 98 -1 WINCHESTER HILLS DEB SERVICE 0.00 472 CFD 01 -2 HARVESTON A &B DEBT SERVICE 749,274.53 473 CFD 03 -1 CROWNE HILL DEBT SERVICE FUND 1,288,301.30 474 AD 03 -4 JOHN WARNER ROAD DEBT SERVICE 112,831.97 475 CFD 03 -3 WOLF CREEK DEBT SERVICE FUND 2,549,001.11 476 CFD 03 -6 HARVESTON 2 DEBT SERVICE FUND 355,236.54 477 CFD- RORIPAUGH 8,152,240.79 700 CERBT CALIFORNIA EE RETIREE GASB45 3,048,502.59 Grand Total: 226,100, 079.65 Less: CERBT CALIFORNIA EE RETIREE GASB45* (2,962,156.41) 223,137,923.24 ITEM NO. 5 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: February 10, 2009 SUBJECT: Community Development Block Grant Application Proposals for Fiscal Year 2009 -10 PREPARED BY: Heidi Schrader, Management Analyst RECOMMENDATION: That the City Council: 1. Approve the Community Development Block Grant (CDBG) Finance Committee funding recommendations for fiscal year 2009 -10. 2. Authorize the Director of Finance to execute Sub Recipient Agreements for2009 -10 funding recipients and reprogram CDBG funds in accordance with the budget resolution for general administration of the fiscal year 2009 -10 Community Development Block Grant Funds. 3. Authorize the Mayor to execute the Amendment to Supplemental Agreement for the Use of Community Block Grant Funds, dated November 15, 2006. BACKGROUND: The CDBG program is a federal grant program administered by the Department of Housing and Urban Development (HUD) in which funding is allocated to the City annually through the Economic Development Agency of Riverside County (EDA). The City's allocation for fiscal year 2009 -10 is expected to be at least the same as the previous fiscal year: $407,000. According to CDBG regulations, only 15% of the total allocation can be allocated to Public Services. The remainder will be used for our public facility project, the Old Town Gymnasium. The City invited applications for funding from non profit agencies who meet one of the following goals: 1. The project/activity benefits 51 low /moderate income persons. 2. The project/activity aids in the prevention or elimination of slums or blight. 3. The activity meets an emergent community development need. Fiscal Year 2009 -10 CDBG ALLOCATION FUNDING CATEGORY FUNDING ALLOCATION Public Services (15% cap) 61,000 Public Facilities (Temecula Community Center Expansion) 355,000 Requested CDBG Allocation for FY 2009/10 416,000 A total of 14 funding applications were submitted to the City for consideration and all were determined to be eligible for CDBG funding. As summarized in the following table, the Finance Committee is recommending a total expenditure of $61,000 for Public Services (which is 15% of last year's allocation), and $355,000 for Public Facilities. In the event that the City's allocation is reduced, it is recommended that all projects be reduced equally, according to the percentage in allocation reduction. All projects are subject to final approval at a future Riverside County Board of Supervisors meeting. The EDA will submit a Supplemental Agreement to the City identifying the projects approved for funding in July, 2009. The Finance Committee, composed of Mayor Maryann Edwards and Council Member Mike Naggar, met on November 25, 2008. After thorough review, the Finance Committee proposed CDBG funding for eight (8) public service organizations and one City capital project. Although the Finance Committee requested funding for the Old Town Gymnasium Project, this has been changed to the Temecula Community Center Expansion Project as described in the attached Finance Committee Funding Recommendations in order to comply with previous Finance Committee recommendations. The Amendment to the Supplemental Agreement for the Use of Community Block Grant Funds dated November 15, 2006, will reprogram $354,052 fiscal year 2008 -09 CDBG funds from the Old Town Gymnasium project to the Temecula Community Center (TCC) expansion. The current allocation for the TCC expansion is $1,581,599. With execution of the Amendment to the Supplemental Agreement, the total funding for the TCC expansion will increase to $1,935,651. The additional allocation for fiscal year 2009 -10 will increase the funding of the project to $2,290,651. FISCAL IMPACT: The CDBG funds allocated to outside agencies have minimal impact on the City related to staff time to administer program requirements. ATTACHMENTS: Finance Committee Funding Recommendations for Fiscal Year 2009 -10 CDBG Application Summary for Fiscal Year 2009 -10 Funding Cycle Amendment to Supplemental Agreement for the Use of Community Block Grant Funds, dated November 15, 2006. PUBLIC FACILITIES FY 2008/09 Funding Request FY 2008/09 Funding Award FY 2009/2010 Funding Request FY 2009/2010 Funding Recommendation Temecula Community Center Expansion $364,070 $354,052 $355,000 $355,000 PUBLIC SERVICES Alternatives to Domestic Violence (ADV) Outreach Program Services $75,230 $0 $15,000 $0 Assistance League of Temecula Valley Operation School Bell 10,000 7,200 10,000 10,000 Boys Girls Club of Southwest County The Learning Center 30,000 7,200 30,000 7,000 CASA for Riverside County Advocacy for Abused Children 0 0 10,000 7,000 Musician's Workshop Performing Arts and Music Access 0 0 10,000 0 Neighborhood Healthcare Diabetes Self- Management Program 0 0 8,500 0 New Vision Children's Services SW Center for Autism Spectrum Disorders 0 0 20,000 2,000 Riverside Area Rape Crisis Center Rape Prevention Education 5,000 0 5,000 5,000 Safe Alternatives For Everyone, Inc. Family Support Program 15,000 13,272 15,000 10,000 Senior Citizen Service Center Temecula Emergency Assistance Program 10,000 9,000 10,000 10,000 Single Mothers United in Rewarding Fellowship Single Moms in Balance 0 0 10,000 0 Valley Oaks Ranch Equine Intervention Program 0 0 26,424 0 VNW Circle of Care Program 11,500 9,000 25,000 10,000 Volunteer Center of Riverside County 211 Call Center 5,000 0 14,550 0 YMCA Swim Camp /Swim Lessons 10,000 7,464 No request 0 Total Public Services $171,730 $53,136 $209,474 $61,000 Total Public Facilities /Infrastructure $364,070 $354,052 $355,000 $355,000 GRAND TOTAL $535 $407,188 $564,474 $416,000 CITY OF TEMECULA C D B G 2009/2010 FINANCE COMMITTEE FUNDING RECOMMENDATIONS *The Temecula Community Center Expansion Project was requested in 2008 -09, but was recorded by EDA for the Old Town Gym. Execution of the Amendment to the Supplemental Agreement will correct this omission and reprogram the funds to the Temecula Community Center Expansion Project. Alternatives To Domestic Violence Outreach Services to Families Impacted by Domestic Violencd 15,000 Provision of services to victims of domestic violence. Rent, Utilities, Salaries Assistance League of Temecula Valley Operation School Bell 10,000 Provision of clothing and supplies for children. Clothing for children Boys Girls Clubs of Southwest County The Learning Connection 30,000 Before- and after school care for underserved youth. Scholarships CASA for Riverside County Advocacy for Abused, Neglected and Abandoned Children 10,000 Recruit, train and supervise 10 community volunteers, Salaries, Benefits, Supplies, Training Musicians Workshop Performing Arts and Music Access 10,000 Performing arts and music programs for underserved, special needs and at -risk youth. Full and Partial Scholarships Neighborhood Healthcare Project Dulce Diabetes Self- Management Program g,500 To improve access to health care services for underserved and unfunded people with poorly managed diabetes. Partial Scholarships New Vision Children's Services Southwest Center for Autism Spectrum Disorders 20,000 Provision of autism education, support and treatment services. Rent, Utilities Riverside Area Rape Crisis Center Rape Prevention Education 5,000 Support to rape victims including crisis intervention and advocacy. Salaries, Space costs Safe Alternatives for Everyone, Inc. Police Activities League Violence Prevention Program 15,000 Provision of services to at -risk youth to avoid violence and abuse. Salaries Senior Citizens Service Center Emergency Food 10,000 Provision of food to people who meet income guidelines. Rent, Utilities Single Mothers United in Rewarding Fellowship (SMURF) Single Moms In Balance 10 000 Provision of budget counseling and life coaching. Salaries, Benefits, Consultants, Rent, Supplies, Telephone, Indirect Costs AGENCY PROJECT FUNDING REQUEST PROJECT SUMMARY PURPOSE OF FUNDING City of Temecula Temecula Community Center Expansion 355,000 Public Facility Construction TOTAL PUBLIC FACILITY REQUESTS 355,000 CITY OF TEMECULA CDBG APPLICATION SUMMARY 2009/2010 FUNDING CYCLE Valley Oaks Ranch Equine Intervention 26,424 Psychotherapy using horses as a catalyst for human emotional growth and development. Salaries, Travel, Telephone, Indirect Costs VNW Circle of Care VNW Circle of Care 25,000 Provision of food and supplies to low- income families. Rent Volunteer Center of Riverside County 211 Riverside County 14,550 Information collection, data management and resource referral. Salaries, Rent, Telephone, Supplies, Tech Support TOTAL PUBLIC SERVICES REQUESTS 209,474 TOTAL FUNDING REQUESTS 564,474 AMENDMENT TO SUPPLEMENTAL AGREEMENT FOR THE USE OF COMMUNITY BLOCK GRANT FUNDS File No.:3.TM 140 THIS AMENDMENT to the Supplemental Agreement made and entered this day of by and between the COUNTY OF RIVERSIDE, State of California, hereinafter referred to as "COUNTY," and the CITY OF TEMECULA, hereinafter referred to as "CITY WITNESSETH: WHEREAS, the parties hereto are the parties to a certain Cooperation Agreement dated July 12, 2005, where as the City elected to participate with COUNTY, under the terms of which certain Community Development Block Grant funds were allocated to said CITY and designated for a specific use. Said Cooperation Agreement dated July 12, 2005, is incorporated herein by reference and made a part of this Amendment as if each and every provision was set forth herein; and WHEREAS, the parties desire to amend said Supplemental Agreement dated November 15, 2006, as hereinafter set forth, to reflect an increase in funding for project: 3.TM140, Temecula Community Center (TCC) Expansion, $1,935,651.20. NOW, THEREFORE, in consideration of the promises and the mutual covenants and conditions hereinafter set forth, said Supplemental Agreement dated November 15, 2006, in accordance with Paragraph 22, is hereby amended as follows: 1. Paragraph 2 is hereby amended by deleting item "D" in its entirety and substituting in place and instead thereof item "D" as follows: D. 3.TM140 Temecula Community Center Expansion, $1,935,651.20 2. Paragraph 3 is hereby amended by extending the term of the agreement to June 30, 2009. 3. "Exhibit D" is hereby amended by deleting in its entirety "Exhibit D" and substituting in its place "Exhibit D- Amended Except to the extent specifically modified or amended hereunder all of the terms, covenants and conditions of said Supplemental Agreement shall remain in full force and effect between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Sponsor's Agreement to be duly executed this day and year first above written. DATED: COUNTY OF RIVERSIDE By: By: Suzanne Holland, Director Community Services Division CITY OF TEMECULA I. GENERAL INFORMATION CITY NAME: City of Temecula ADDRESS: 417(1(1 Rucinecc Park Dr Temecula, CA 92590 PROGRAM CONTACTS: Heidi Schrader CDBG SUPPLEMENTAL AGREEMENT SCOPE OF WORK (NON PUBLIC SERVICE) PHONE: (951)693 -3923 FAX: E -MAIL: PROJECT NAME: Temecula Community Center (TCC) Expansion, 3.TM140 PROJECT LOCATION: 28816 Pujol Street, Temecula, CA LEVEL OF ENVIRONMENTAL CLEARANCE: Environmental Assesment CDBG ELIGIBILITY CODE: 24 CFR 570.201 (c) Public Facility PROJECT FUNDING SUMMARY: 1 District 0 4 District 0 2 District $0 5 District $0 3 District $0 City Funding $1,935,651.20 Project to be administered by County (EDA) on behalf of City: YES NO II. SCOPE OF SERVICE A. Activities EXHIBIT D- Amended Page 1 of 6 City will be responsible for administering a 2006 -2007 Community Development Block Grant for the Temecula Community Center Expansion in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: Activity #1 The City of Temecula operates the Temecula Community Center in the Old Town (low /mod income) section of the city. CDBG funds will be used for the design and construction of a 3,600 square foot expansion to the existing facility. B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: Low Mod Area CFR Reference: 570.208(a)(2)(i) C. Levels of Accomplishment Goals and Performance Measures The City agrees to implement and complete the following activity (ies): Activity #1 Construction of a 2,800 square foot expansion to the Temecula Community Center. Objectives (select one): Creating Suitable Living Environments Providing Decent Affordable Housing Creating Economic Opportunities Outcome (select one): D. City Capacity CPD OUTCOME PERFORMANCE MEASUREMENT Availability /Accessibility Affordability Sustainability (promoting livable or viable communities) EXHIBIT D- Amended Page 2 of 6 By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds. City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact the City or subrecipient's performance under this Agreement. Any changes in the above items are subject to the prior approval of the County. E. Performance Monitoring The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. F. Program Budget It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $1,935,651.20. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City. III. ADMINISTRATIVE REQUIREMENTS A. Accounting Standards The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Cost Principles Line Item Amount: Design/Construction Costs $1,935,651.20 Project Administration Costs Engineering Costs Acquisition Costs Relocation Costs Capital Equipment Costs Other TOTAL CDBG BUDGET $1,935,651.20 EXHIBIT D- Amended Page 3 of 6 The City shall administer its program in conformance with OMB Circulars A -122, "Cost Principles for Non Profit Organizations," A -21, "Cost Principles for Educational Institutions," or OMB Circular A -87, "Cost Principles for State, Local and Indian Tribal EXHIBIT D- Amended Page 4 of 6 Governments as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis C. Documentation and Record Keeping 1. Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: i Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21 -28; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Records Retention The City shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five -year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five year period, whichever occurs later. 3. Client Data The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request. 4. Disclosure EXHIBIT D- Amended Page 5 of 6 The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent /guardian. 5. Close -outs The City's obligation to the County shall not end until all close -out requirements are completed. Activities during this close -out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income. 6. Audits Inspections All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits and OMB Circular A -133. IV. PROJECT IMPLEMENTATION AND SCHEDULE Unless pre- approved by County, City will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below: Tasks Milestone Start Date Completion Date Implement Project Activities Upon Notification from EDA Execute Supplemental Agreement Novemeber 2006 November 2006 Notice to Incur Cost Submit Quarterly Performance October 15, 2006 June 30, 2009 Reports to County County Monitoring of City Ongoing Program /Performance City Submits Reimbursement Requests Monthly Submittal Other Schedule TBD CDBG- funded Project Complete June 30, 2009 V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS EXHIBIT D- Amended Page 6 of 6 City will submit necessary documentation for EDA to conduct NEPA environmental reviews and review and approve construction /bidding documents. ITEM NO. 6 RESOLUTION NO. 09- Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Aaron Adams, Assistant City Manager DATE: February 10, 2009 SUBJECT: Support of the Plans for the Construction of a New Riverside County Regional Detention Center (at the Request of Council Member Roberts) PREPARED BY: Tamra Middlecamp, Senior Management Analyst RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IN SUPPORT OF PLANS FOR THE CONSTRUCTION OF A NEW RIVERSIDE COUNTY REGIONAL DETENTION CENTER BACKGROUND: A federal injunction requires Riverside County to release inmates when the county's jails are at capacity. In 2007, Riverside County released more than 6,000 criminals before they had completed their sentences because jails were at capacity. Without adequate inmate housing, Riverside County will be forced to continue the early release of criminals who often return to the streets and commit new crimes against our residents, visitors, and property. Riverside County is conducting the environmental review of a site for a detention center along Interstate 10 near the community of Whitewater. The detention center will resemble a manufacturing or distribution center similar to other facilities on that segment of Interstate 10. The County determined that Interstate 10 location is best suited for a detention center because of its close proximity to a transportation corridor and ease of access to county courts. The County has concluded that there appear to be few negative environmental impacts associated with the proposed Interstate 10 site for a detention center. The detention center will house 2,000 inmates in its first phase and the site has potential to expand to 7,200 inmate beds. The detention center will add amenities and infrastructure to the surrounding neighborhoods. The detention center will generate about 1,500 public safety jobs at build out. The County's priority is to protect residents and communities. A study for the nonpartisan Senate Office of Research in California found that communities near correctional facilities tend to have lower crime rates than those without them. Inmates will not be booked and /or released at the detention center and state -of- the -art security will ensure inmates stay locked up and that nearby neighborhoods remain safe. The detention center will allow the County of Riverside to dramatically curtail the number of inmate early releases and better ensure criminals stay off the streets and, therefore, enhance the quality of life for all residents and visitors. City staff recommends that the City Council support the Riverside County Regional Detention Center in order to dramatically curtail the number of inmate releases and better ensure that criminals stay off the streets. This will enhance the quality of life for all residents and visitors alike. FISCAL IMPACT: None. ATTACHMENTS: Attachments RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IN SUPPORT OF PLANS FOR THE CONSTRUCTION OF A NEW RIVERSIDE COUNTY REGIONAL DETENTION CENTER THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the primary role of local elected officials is to protect the health, safety and welfare of their residents; and WHEREAS, the City of Temecula continues to work with local law enforcement agencies to keep our streets safe and keep criminals behind bars; and WHEREAS, a federal injunction requires Riverside County to release inmates when the county's jails are at capacity; and WHEREAS, in 2007 Riverside County released more than 6,000 criminals before they had completed their sentences because jails were at capacity; and WHEREAS, without adequate inmate housing Riverside County will be forced to continue the early release of criminals who often return to the streets and commit new crimes against our residents, visitors, and property; and WHEREAS, Riverside County is conducting the environmental review of a site fora detention center along Interstate 10 near the community of Whitewater; and WHEREAS, the detention center will resemble a manufacturing or distribution center similar to other facilities on that segment of Interstate 10; and WHEREAS, the County has determined that the Interstate 10 location is best suited for a detention center because of its close proximity to a transportation corridor and ease of access to county courts; and WHEREAS, the County has concluded that there appear to be few negative environmental impacts associated with the proposed Interstate 10 site for a detention center; and WHEREAS, the detention center will house 2,000 inmates in its first phase and the site has potential to expand to 7,200 inmate beds; and WHEREAS, the detention center will add amenities and infrastructure to the surrounding neighborhoods; and WHEREAS, the detention center will generate about 1,500 public safety jobs at build out; and WHEREAS, the detention center will allow the County to dramatically curtail the number of inmate early releases and better ensure criminals stay off the streets and therefore enhance the quality of life for all residents and visitors; and THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Temecula, in regular session assembled on February 10, 2009, that the City Council has determined construction of a new detention facility is a regional public safety priority and that the City Council endorses the project and recommends that Riverside County move forward with construction of the regional detention center near the Interstate 10 location. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of February, 2009. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Maryann Edwards, Mayor 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. 09- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of February, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ITEM NO. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: William G. Hughes, Director of Public Works DATE: February 10, 2009 SUBJECT: Acceptance of certain Public Streets into the City- Maintained System within Tract Map No. 29639 -2 portions of Ynez Road, Date Street and Equity Drive (located southwest of the intersection of Margarita Road and Date Street within the Harveston Subdivision) PREPARED BY: Dan York, Deputy Public Works Director /City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 09- The public streets now being accepted by this action are as follows: Approvals City Attorney Director of Finance City Manager Sief Paz, 42, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY- MAINTAINED SYSTEM PORTIONS OF YNEZ ROAD, DATE STREET AND EQUITY DRIVE (WITHIN TRACT NO. 29639 -2) BACKGROUND: Tract Map No. 29639 -2 was recorded by the County Recorder on November 3, 2003. The owner dedicated to public use for street and public utility purposes streets designated as lettered lots on the map. The City Clerk accepted the offers of dedication. Public Works Staff reviewed and inspected the public improvements and all required repairs and replacements were satisfactorily completed for the infrastructure streets Ynez Road, Date Street and Equity Drive. The Performance Bond for these streets has been released. The one -year Warranty Bond will be released at the end of the one -year period in December, 2009. The Labor and Materials Bond will be released six months into the one -year warranty period in June, 2009. Portions of Ynez Road, Date Street and Equity Drive as shown on attached Tract Map 29639 -2. Acceptance into the City- maintained system of the completed infrastructure streets Ynez Road, Date Street and Equity Drive will allow for the initiation of City Police traffic enforcement. The other infrastructure streets shown on Tract Map No. 29639 -2 were previously accepted into the maintained system at the June 12, 2007 City Council meeting. These previously accepted street portions within Tract No. 29639 -2 consisted of Lot "B" (portion of Date Street east of Ynez Road) and Lot "C" (portion of Harveston Drive between Lakehouse Road and Lakeview Road). FISCAL IMPACT: Periodic surface and or structural maintenance will be required every 5 to 8 years. ATTACHMENTS: Resolution No. 09 with Exhibits "A B" inclusive. RESOLUTION NO. 09 -00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY- MAINTAINED SYSTEM PORTIONS OF YNEZ ROAD, DATE STREET AND EQUITY DRIVE (WITHIN TRACT NO. 29639 -2) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, On November 3, 2003, the County Recorder recorded Tract Map No. 29639 -2 in which offers of dedication for street and public utility purposes were accepted by the City of Temecula from Lennar Homes of California, Inc.; and, WHEREAS, City Public Works Staff reviewed and inspected the public improvements and all repairs and replacements were satisfactorily completed for certain portions of Ynez Road, Date Street and Equity Drive as shown on Tract Map No. 29639 -2; and, WHEREAS, Only the Warranty Bond and Labor and Material Bond pertaining to this tract for certain portions of Ynez Road, Date Street and Equity Drive have not been released; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City- Maintained Street System the streets offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of February, 2009. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ss Maryann Edwards, Mayor I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 09- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of February, 2009, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT "A" TO RESOLUTION NO. 2009 Accepting certain public streets offered to and accepted by the City of Temecula as indicated on Tract Map 29639 -2 into the City- Maintained Street System as described as follows: 1 Lot "A" (portion of Ynez Road) of said Tract Map No. 29639 -2. 2. Lot "D" (portion of Equity Drive) of said Tract Map No. 29639 -2 3. Lot "E" (portion of Date Street) of said Tract Map No. 29639 -2 z -H 0 P1 X CU CC; 0 0) Z I 0 0 0 0 z ITEM NO. 8 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: William G. Hughes, Director of Public Works DATE: February 10, 2009 SUBJECT: Cost sharing Reimbursement for regional costs associated with the City's Municipal Stormwater Permit FY 2008 -2009 PREPARED BY: Aldo Licitra, Associate Engineer /NPDES Daniel A. York, Deputy Director /City Engineer RECOM MENDATION: That the City Council approve payment to the Riverside County Flood Control District in the sum of $163,768.34 as the City's portion of the cost sharing reimbursement pursuant to the Implementation Agreement between the Santa Margarita Watershed Permittees approved by the City Council in January 2005. BACKGROUND: On January 26, 2005, the City of Temecula executed a National Pollutant Discharge Elimination System (NPDES) Implementation Agreement (IA) with the Riverside County Flood Control District (RCFCD). The IA manages the regional components of the City's NPDES Order (No. R9- 2004 -001) and establishes proportional cost shares for each permittee based on a cost sharing formula. The RCFCD administers the IA, the regional components, and associated costs. The regional components of the City's NPDES Order that are covered by the agreement include water sampling programs, the Watershed Stormwater Management Plan (SWMP), municipal staff training, Watershed Annual Reports, business inspections, Receiving Water Monitoring Reports, education programs, and Reports of Waste Discharge (ROWDs). The cost for Temecula's share, based on the formula in the agreement, is $163,768.34 for FY 2008 -09. FISCAL IMPACT: $163,768.34 has been budgeted in the NPDES Operating Budget to pay for Temecula's share associated with the agreement for FY 2008 -09. ATTACHMENTS: FY 2008 -09 Cost Sharing Reimbursement Invoice Cost -Share Breakdown Table Executed Implementation Agreement WARREN D. WILLIAMS General Manager -Chief Engineer Mr. Shawn Nelson, City Manager City of Temecula Post Office Box 9033 Temecula, CA 92589 -9033 Dear Mr. Nelson: Attachments: Invoice JU:cw P8/122925 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT December 29, 2008 c: Santa Margarita NPDES Permit Representatives (via e-mail) NPDES File WARREN D. WILLIAMS General Manager -Chief Engineer g r t-A-- Qr.) 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 FAX 951.788.9965 www .floodcontrol.co.riverside.ca.us Re: FY 2008 -09 Cost Sharing Reimbursement Regional Costs for Santa Margarita NPDES Municipal Stormwater Permit In compliance with the Santa Margarita River Watershed NPDES Permit adopted by the San Diego Regional Water Quality Control Board on July 14, 2004 as Order No. R9- 2004 -001 (NPDES No. CAS0108766) and the Implementation Agreement (IA) adopted by the County, District, and Cities of Murrieta and Temecula (Permittees) on March 1, 2005, a cost sharing provision between the Permittees was established. Per the IA, Item 3 "Shared Costs" provides for annual cost sharing of estimated regional program costs "Estimated Costs with the "Combined Contribution" from the County and Cities not to exceed $500,000 annually. Although Item 3 also notes that the District shall invoice the County and Cities for their "Individual Contribution" to the total "Combined Contribution" in two installments (50% each installment), it has been verbally agreed by all Permittees that this year the District will invoice the County and Cities for their contribution of the Fiscal Year 2008 -09 "Estimated Costs" in one installment (100% contribution). The District has determined the "Estimated Costs" for the period of July 2008 through June 2009 to be $946,949.83 with a "Combined Contribution" total of $422,322.52. Per the calculations shown, your Agency's contribution is $163,768.34. Therefore, per the attached Invoice No. FC0000010865, please remit $163,768.34 as payment for the full amount and mail to the following address. Please note that payment is due within 60 days of receipt of invoice. Riverside County Flood Control Water Conservation District 1995 Market Street Riverside, California 92501 -1770 Attention: Accounts Receivable Re: FY 2007 -2008 Cost Sharing Reimbursement Regional Program Costs for Santa Margarita NPDES Permit The District appreciates your continued cooperation and prompt response to this request. If you have any questions concerning this matter, please feel free to call Jason Uhley at 951.955.1273 or Claudio dres at 951.955.8602. Very truly y s rs, RECEIVED CITY OF TEMECULA JAN 0 2009 an MANAGER MAKECHEOK. PAY A3Li u. R ;VERSIDE COUN' Y FLOOD CONTROL AND WATER CONS;ER \ATION DISTRICt %S93 MARKET STREET RNERSIDE, CA 92501 CITY OF TEMECULA P.O. BOX 9033 TEMECULA CA 92589 -9033 For billing questions, please call 951 955 -1245 ATTN: FC -NR STANDARD SUBTOTAL: County of Riverside INVOICE Page: 1 Invoice No: FC0000010865 Invoice Date: 12/30/2008 Customer Number: FC- 000576 Payment Terms: 30 Days Due Date: 01/29/2009 Contact Person: Flood Control Accounts Receive Inquiry Number: 951- 955 -1245 Line Adj Identifier Description Quantity UOM Unit Amt Net Amount 1 NPDES COST SHARING 1,00 EA 163,768.34 163,768.34 CUSTOMER NOTE: FY08 -09 NPDES COST SHARING FOR SANTA MARGARITA RIVER WATERHSED 679R9922 8 -9 -00980 TOTAL AMOUNT DUE 163,768.34 Please Remit To: Invoice No: FC0000010865 Flood- Accounting -Rvrsd Invoice Date: 12/30/2008 Requestor Customer Number: FC- 000576 Flood Control Accounting 1995 Market St AMOUNT DUE: 163,768.34 Riverside CA 92501 United States Enclosed: 163,768.34 Original Agency BAU's Population Weighted FY08/09 Original Projected Costs for FY08/09* Invoiced Costs for FY08/09 Projected costs for FY09/10 Flood Control N/A N/A N/A $420,000.00 $415,000.00 $415,000.00 County 32,080 57,005 24.43% $107,000.00 $114,595.46 $122,127.59 Murrieta 38,386 100,173 35.42% $133,000.00 $143,958.72 $177,077.51 Temecula 49,342 101,057 40.15% $169,562.49 $163,768.34 $200,794.90 Totals: 119,808 258,235 100.00% $829,562.49 $837,322.52 $915,000.00 NPDES IMPLEMENTATION AGREEMENT COST SHARES FY08 /09 AND FY09 /10 These figures represent adjustments following the disbursement of estimated credits and debits from 07/08. These figures represent adjustments following the disbursement of actual credits and debits from 07/08. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 AGREEMENT National Pollutant Discharge Elimination System Stormwater Discharge Permit Implementation Agreement San Diego Region (Santa Margarita Drainage Area) 91463.1 This Agreement, entered into by the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (the "DISTRICT the COUNTY OF RIVERSIDE (the "COUNTY and the CITIES OF MURRIETA and TEMECULA (the "CITIES establishes the responsibilities of each party concerning compliance with the National Pollutant Discharge Elimination System "NPDES Municipal Separate Storm Sewer System "MS4 Discharge Permit (the "NPDES Permit") issued by the Califomia Regional Water Quality Control Board San Diego Region (CRWQCB -SDR) pursuant to Order No. R9- 2004 -001. RECITALS WHEREAS, Congress in 1987 added Section 402(p) to the Federal Clean Water Act (CWA) (33 U.S.C. §1342(p)); and WHEREAS, Section 402(p) of the CWA requires certain municipalities to obtain NPDES Permits in order to discharge storm water from MS4s to waters of the United States; and WHEREAS, Section 402(p) of the CWA requires operators of certain industrial facilities to obtain NPDES Permits for storm water discharges associated with designated industrial activities, including construction activities; and WHEREAS, Section 402(p) further requires the United States Environmental Protection Agency (EPA) to promulgate regulations for NPDES Permit applications; and WHEREAS, EPA adopted such regulations in November 1990; and WHEREAS, EPA delegated authority to the California State Water Resources Control Board "SWRCB to administer the NPDES Permit process within the boundaries of the State of California; and WHEREAS, SWRCB has in turn delegated its NPDES permitting authority to the California Regional Water Quality Control Boards to administer the NPDES Permit process within the boundaries of their respective regions; and MAR 1 2005 Il.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 91463.1 WHEREAS, the jurisdiction of the California Regional Water Quality Control Board -San Diego Region "CRWQCB -SDR includes that portion of Riverside County known as the Santa Margarita Region; and WHEREAS, DISTRICT was created to provide for the control of flood and storm waters within the County of Riverside and is empowered to investigate, examine, measure, analyze, study and inspect matters pertaining to flood and storm waters; and WHEREAS, on May 30, 2003, DISTRICT, COUNTY and CITIES submitted a Report of Waste Discharge as an application to renew NPDES Permit No. CAS0108766; and WHEREAS, the application for renewal of the NPDES Permit was submitted in accordance with the provisions of the previous NPDES Permit (Order No. R9- 98 -02, NPDES No. CAS0108766) which expired on November 8, 2003; and WHEREAS, on July 14, 2004, CRWQCB -SDR adopted Order No. R9- 2004 -001 to serve as Waste Discharge Requirements in accordance with Section 13263(a) of the California Water Code and as an NPDES Permit pursuant to Section 402(p) of the CWA; and WHEREAS, the NPDES Permit issued pursuant to Order No. R9- 2004 -001 meets both the requirements of Section 402(p)(3)(B) of the CWA and those requirements issued under CRWQCB -SDR discretionary authority in accordance with Section 402(a)(1)(B) of the CWA; and WHEREAS, the NPDES Permit designates DISTRICT as "PRINCIPAL PERMITTEE" and DISTRICT, COUNTY and CITIES as PERMITTEES'; and WHEREAS, cooperation between PERMITTEES in the administration and implementation of the NPDES Permit is in the best interest of PERMITTEES; and WHEREAS, DISTRICT is willing to utilize its staff to coordinate the activities of PERMITTEES to facilitate compliance with the NPDES Permit and CWA requirements; and WHEREAS, DISTRICT established the Santa Margarita Watershed Benefit Assessment Area (the "BENEFIT ASSESSMENT pursuant to District Ordinance 14 on May 14, 1991 to offset the DISTRICT's program and administrative costs associated with the development, implementation and management of the federally mandated NPDES Program and DISTRICT is willing to use the BENEFIT ASSESSMENT funds to support DISTRICT's role as PRINCIPAL 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- 91463.1 PERMITTEE and to support regional program costs to the extent that BENEFIT ASSESSMENT funds are available; and WHEREAS, PERMITTEES are to perform and /or execute certain activities prescribed in the NPDES Permit that will benefit all parties. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Incorporation of the NPDES Permit. The NPDES Permit issued to PERMITTEES by CRWQCB -SDR pursuant to Order No. R9- 2004 -001 is attached to this Agreement as Exhibit "A" and is hereby incorporated by reference in its entirety and made a part of this Agreement. 2. Delegation of Responsibilities. The responsibilities of each of the parties shall be as described in the NPDES Permit and reiterated as follows: a. DISTRICT shall assume the responsibilities and meet the requirements of the NPDES Permit by: (1) Complying with Section M (Principal Permittee Responsibilities), including providing COUNTY and CITIES an opportunity to review and comment on the Watershed Storm Water Management Plan (SWMP), Watershed SWMP Annual Report and any other reports prepared by the District for the Permittees. (2) Complying with Sections A through N (Prohibitions, Non Storm Water Discharges, Receiving Water Limitations, Legal Authority, SWMP, Development Planning, Construction, Existing Development, Education, Illicit Discharge Detection and Elimination Program, Watershed -Based Activities, Monitoring and Reporting Program, and Standard Provisions, respectively), as they pertain to DISTRICT facilities and operations, at no cost to COUNTY and CITIES. (3) Coordinating watershed efforts specified in Provision K. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- 91463.1 b. COUNTY and CITIES shall, at no cost to DISTRICT, assume the responsibilities and meet the requirements of the NPDES Permit for land area within their individual jurisdictions by: (I) Complying with Sections A through N (Prohibitions, Non- Storm Water Discharges, Receiving Water Limitations, Legal Authority, SWMP, Development Planning, Construction, Existing Development, Education, Illicit Discharge Detection and Elimination Program, Watershed -Based Activities, Monitoring and Reporting Program, and Standard Provisions, respectively), as they pertain to COUNTY and CITIES facilities and operations. (2) Demonstrating compliance with NPDES Permit requirements through timely implementation of the approved Individual and Watershed SWMPs and any approved modifications, revisions or amendments thereto. (3) Providing to DISTRICT (on DISTRICT provided forms) information needed to satisfy the reporting requirements as described in the Provisions E, L and K or to respond to information requests from the CRWQCB -SDR. COUNTY and CITIES shall specifically: (a) Submit their Individual SWMPs and data necessary to prepare the Watershed SWMP and Receiving Waters Monitoring Reports no later than September 15 of each year. (b) Provide information on existing MS4 facilities and/or other data as it pertains to COUNTY or CITIES facilities when requested by DISTRICT. c. Public Education Program. On behalf of PERMITTEES, DISTRICT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- 91463.1 shall conduct public education activities on a regional basis that focus on reducing pollution of Urban Runoff within the Santa Margarita Region, including radio and print advertising, developing brochures, and attending public events. DISTRICT shall also develop and implement mechanisms to determine the effectiveness of the regional public education program. The COUNTY and CITIES shall be individually responsible for developing and implementing public education programs targeted at individual communities or stakeholders within their respective jurisdictions. d. Monitoring Program. DISTRICT shall perform sampling of surface water and urban runoff in accordance with the provisions of the NPDES Permit Monitoring and Reporting Program (M &RP), Provision H.A. The location of the sampling sites shall be determined by PERMITTEES, subject to approval by CRWQCB -SDR. The PERMITTEES shall be individually responsible for complying with Provision 11.B of the M &RP. The DISTRICT shall also enter into a contract with a local lab to provide analysis of water quality samples collected under the M &RP for PERMITTEES. The contract shall be used strictly for water quality samples collected to comply with Provision II of the M &RP. e. Consultant's Services. In the event DISTRICT requires the services of a consultant or consultants to assist in preparing manuals, developing programs or performing studies relevant to the entire Santa Margarita Region, the cost of said consultant services shall be shared by PERMITTEES in accordance with the cost sharing provisions set forth in Section 3 of this Agreement. COUNTY and CITIES shall be notified in writing of DISTRICT's request for proposals from consultants, selection of a consultant, consultant's fee, 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 91463.1 contract timetable and payment schedule, and be allowed the opportunity to participate in decisions related to consultant's services. f. Support for Regional Programs. The PERMITTEES shall jointly provide funding for certain regional efforts that benefit the Santa Margarita Region, including but not limited to: County Environmental Health's Compliance Assistance Program; the County Fire Department's Hazardous Materials Team; County Environmental Health's Household Hazardous Waste and Antifreeze, Batteries, Oil and Paint collection program; the DISTRICT's membership with the California Stormwater Quality Association (CASQA) on behalf of PERMITTEES; the DISTRICT's administration of Principal Permittee duties, and other NPDES support activities as needed. Where these programs are implemented countywide in support of other NPDES permit regions, the DISTRICT shall estimate the portion of the total cost of these regional programs that benefits the Santa Margarita Region. g. Regulation and Enforcement. COUNTY and CITIES shall be responsible for the regulation and enforcement of local ordinances and regulations within their respective jurisdictions to ensure compliance with the NPDES Permit. This includes the exercise of land use controls, the exercise of police powers and the enforcement of ordinances that COUNTY or CITIES presently have adopted or will adopt in the future. 3. Shared Costs. Costs for services to be performed in accordance with Sections 2.c., 2.d., 2.e. and 2.f of this Agreement shall be shared by the PERMITTEES in accordance with the procedure specified below. In December of each year of this Agreement the DISTRICT shall: a. Estimate the costs of services specified in Sections 2.c., 2.d., 2.e. and -6- 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 91463.1 2.f. for the upcoming fiscal year (ESTIMATED COSTS); b. Estimate the DISTRICT's internal costs for developing, implementing and administering the NPDES program in the Santa Margarita Region as specified in 2.a. (INTERNAL COSTS); and c. Estimate the revenues expected from the BENEFIT ASSESSMENT program (the "ASSESSMENT REVENUES d. Determine actual costs for NPDES programs administered in the previous fiscal year. e. Determine Credits or Debits (the "CREDITS" or "DEBITS due to COUNTY and CITIES based on the difference of the actual contributions from the previous fiscal year with the actual contributions provided by the COUNTY and CITIES for that fiscal year. By February 1 of each year of this Agreement, the DISTRICT, CITIES and COUNTY, through a NPDES representative assigned by the General Manager -Chief Engineer, City Managers, and County Executive Office, respectively, shall approve, by majority vote, ESTIMATED COSTS for the upcoming fiscal year. 3.1 DISTRICT Contribution The DISTRICT contribution (the "DISTRICT CONTRIBUTION to programs specified in Sections 2.c., 2.d., 2.e., and 2.f. for the upcoming fiscal year shall be determined using the following formula: DISTRICT CONTRIBUTION ASSESSMENT REVENUES INTERNAL COSTS 20% ASSESSMENT REVENUE. 1 If the calculation yields a negative result, the DISTRICT shall have no contribution for the upcoming fiscal year other than the INTERNAL COSTS it has incurred. 3.2 COUNTY and CITIES Contribution 1 District retains 20% of assessment revenue as a reserve for District's administrative and program costs associated with the NPDES Permit pursuant to RCFC &WCD Ordinance No. 14. -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b) the calculated number of Benefit Assessment Units (BAU) 91463.1 The total shared COUNTY and CITIES contribution (the "COMBINED CONTRIBUTION shall be determined using the following formula: COMBINED CONTRIBUTION ESTIMATED COSTS DISTRICT CONTRIBUTION The COUNTY and individual CITIES respective pro rata share of the COMBINED CONTRIBUTION (the "INDIVIDUAL CONTRIBUTION) shall be determined on the basis of an equally weighted average of population and Benefit Assessment Units within the Santa Margarita Region of Riverside County. More specifically, such percentage contribution shall be calculated as the equally weighted average of a) the population of COUNTY or individual CITIES within the Santa Margarita Region, divided by the total population of the COUNTY and CITIES in the Santa Margarita Region and; for COUNTY or individual CITIES, divided by the total BAU for COUNTY and individual CITIES. The INDIVIDUAL CONTRIBUTION shall be further adjusted by any CREDITS or DEBITS due from the previous fiscal year. The population of CITIES shall be determined by the latest California State Department of Finance population figures issued in May of each year. COUNTY population shall be based on the most current Tax Rate Area (TRA) information best fitting the NPDES PERMIT area. The BAU count of COUNTY and CITIES shall be estimated by comparing the most current TRA information best fitting the NPDES PERMIT area with the Assessment Rolls from the current fiscal year's BENEFIT ASSESSMENT Engineer's Report. COUNTY and CITIES may generate credits toward payments due by providing labor or services in lieu of cash payments. DISTRICT shall determine value of labor or services based on ESTIMATED COSTS for the fiscal year. Starting in Fiscal Year 2004 -2005, DISTRICT shall invoice COUNTY and CITIES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 91463.1 for INDIVIDUAL CONTRIBUTION in two installments. The first installment, for 50% of INDIVIDUAL CONTRIBUTION, shall be prepared upon approval of this agreement, or after Fiscal Year 2004 -2005, at the beginning of the fiscal year, by DISTRICT and paid within 60 days of receipt of invoice from DISTRICT. The second installment, due for the balance of INDIVIDUAL CONTRIBUTION, will be invoiced after January 1 of the current fiscal year and shall be paid by April 30 or within 60 days of invoice from DISTRICT if received after March 1. The COMBINED CONTRIBUTION for COUNTY and CITIES shall not exceed $500,000 annually under this Agreement. 4. Term of the Agreement. The term of this Agreement shall commence on the date of execution by the last duly authorized representative of the PERMITTEES. The term of the Agreement shall be indefinite or as long as required for compliance with the CWA, unless each of the parties withdraws in accordance with the terms of this Agreement. 5. Additional Parties. Any City which incorporates after the date of issuance of the NPDES Permit and/or after the date of execution of this Agreement may file a written request with DISTRICT asking to be added as a party. Upon receipt of such a request, DISTRICT shall solicit the approval or denial of PERMITTEES. If a majority of the PERMITTEES, each having one, co- equal vote, approves the addition of the City, DISTRICT, on behalf of the PERMITTEES, will ask CRWQCB -SDR to add the City to the NPDES Permit as an additional Permittee. Once the City is made an additional PERMITTEE to the NPDES Permit, this Agreement shall be amended to reflect the addition, and the City shall, thereafter, comply with all provisions of the NPDES Permit and this Agreement. Upon execution of the amended Agreement, the City shall be responsible for the shared costs discussed in Section 3 of this Agreement for the current and any subsequent budget year. 6. Withdrawal from the Agreement. Any party may withdraw from this Agreement 60 days after giving written notice to DISTRICT and CRWQCB -SDR. The withdrawing party shall agree in such notice to file for a separate NPDES Permit and to comply with all of the requirements established by CRWQCB -SDR. In addition, withdrawal shall constitute forfeiture of all of the withdrawing party's share of the costs paid as described in Section 3. The withdrawing party shall be responsible for all lawfully assessed penalties as a consequence of its withdrawal. The cost -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1 91463.1 allocations to the remaining parties shall be recalculated in the following budget year. 7. Non compliance with Permit Requirements. Any party found to be in non- compliance with the conditions of the NPDES Permit within its jurisdictional boundaries shall be solely liable for any lawfully assessed penalties. Common or joint penalties shall be calculated and allocated between the affected parties in equal shares. 8. Amendments to the Agreement. Except as provided in Section 5, this Agreement may only be amended by consent of all parties to this Agreement. No amendment to this Agreement shall be effective unless it is in writing and signed by the duly authorized representatives of all parties to the Agreement. 9. Authorized Signatories. The General Manager -Chief Engineer of DISTRICT, the Chief Executive Officer of COUNTY and the City Managers of CITIES (or their designees) shall be authorized to execute all documents and take all other procedural steps necessary to file for and obtain an NPDES Permit(s) or amendments thereto. 10. Notices. All notices shall be deemed duly given when delivered by hand; or three (3) days after deposit in the U.S. Mail, postage prepaid. 11. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. If any provision or provisions of this Agreement shall be determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired hereby. 12. Consent to Waiver and Breach. No term or provision hereof shall be deemed waived and no breach excused, unless the waiver or breach is consented to in writing, and signed by the party or parties affected. Consent by any party to a waiver or breach by any other party shall not constitute consent to any different or subsequent waiver or breach. 13. Applicability of Prior Agreements. This Agreement and the exhibits attached hereto constitute the entire Agreement between the parties with respect to the subject matter; all prior agreements, representations, statements, negotiations and undertakings are superseded hereby. 14. Execution in Counterparts. This Agreement may be executed and delivered in any number of counterparts or copies (counterparts) by the parties hereto. When each party has I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 signed and delivered at least one counterpart to the other parties hereto, each counterpart shall be deemed an original and, taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the parties hereto. 91463.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date the last duly authorized representative executed it. This Agreement will only become effective when fully executed by each of the parties hereto. IVERSIDE COUNTY FLOOD CONTROL RECOMMENDE J F PRO AND WATER CONSERVATION DISTRICT l By By C2 WARREN D. WILLIAMS MARIO ASHLEY, Chai an General Manager -Chief Engineer District Board of Supervisors Dated: 2/7/69 APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN County Counsel By By DAVID H. K. HUFF, Deputy Dated: By LA• ••••S County Executive Officer Dated: JU:MHW:blj 01/03/05 ATTEST: -12- ATTEST: NANCY ROMERO Clerk to the ,Board Deputy (SEAL) COUNTY OF RIVERSIDE B y MARION ASHLEY, Chairman Riverside County Board of Supervisors NANCY ROMERO Clerk to the Board By�I.rGIXi Deputy (SEAL) 91463.1 +AR 1 2005 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date the last duly authorized representative executed it. This Agreement will only become effective when fully executed by each of the parties hereto. By WARREN D. WILLIAMS General Manager -Chief Engineer Riverside County Flood Control and Water Conservation Dated APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN C.�_.- hik ounsel aw ay,_13 7.1(K, rVID H. K. HUFF, Deputy Dated: (Z- Z z e By LARRY PARRISH County Executive Officer Dated: JU:MHW:blj 11/16/04 MENDED FOR APPROVAL: MENDED FOR APPROVAL: -13- AND WA By JAMES A. VENABLE, Chairman District Board of Supervisors ATTEST: Clerk to the By (SEAL) By ATTEST: (SEAL) SIDE COUNTY FLOOD CONTROL Y ROMERO Deputy Y OF RIVERSIDE 91463.1 ROY WILSON, Chairman Riverside County Board of Supervisors NSERVATION DISTRICT APPROVED AS TO FORM: Bx X iV�YI, By City Attorney May ATTEST: By City Clerk CITY OF MURRIETA 91463.1 Dated: -(p -O,3 APPROVED AS TO FORM: By City Atto e Peter M. Thorson Dated: 1 /244 91463.1 ITEM NO. 9 Approvals City Attorney Director of Finance City Manager Sief Paz, 42, CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Herman Parker, Director of Community Services DATE: February 10, 2009 SUBJECT: Quitclaim portion of Wolf Creek Trail Park (APN 962- 580 -090) from City of Temecula to Wolf Creek Development, LLC PREPARED BY: Greg Butler, Deputy Director of Public Works, CIP Monica Adamee, Property Agent, CIP RECOMMENDATION: That the City Council: Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE QUITCLAIM OF A PORTION OF ASSESSOR'S PARCEL NUMBER 962- 580 -090 TO WOLF CREEK DEVELOPMENT, LLC AND RESERVING AN EASEMENT FOR PUBLIC PURPOSES OVER SAID PROPERTY BACKGROUND: On February 3, 2001, The City of Temecula and S -P Murdy entered into a Development Agreement that approved land use entitlements for the area commonly known as the Wolf Creek Development. Pursuant to the Development Agreement, S -P Murdy conveyed a 0.33 acre parcel to the City, which is a small portion of the southern leg of the linear Wolf Creek Trail Park which parallels the entire length of Wolf Creek Drive. Standard Pacific Homes, operating as Wolf Creek Development, LLC, acquired the residential components of the Wolf Creek Development from S -P Murdy and has been actively building homes or working with other home builders to develop the residential properties. The Wolf Creek Specific Plan required that the development provide entry monumentation and landscaping at the main entrances. During the planning and design of the entry monuments, it was discovered that the 0.33 acre parcel S -P Murdy conveyed to the City as a portion of the linear park inadvertently conveyed the very small piece of property on the corner of Wolf Valley Road Wolf Creek Drive South needed for one of the entry monuments. The design and construction of the linear park were completed assuming this portion of the property was reserved for the entry monument, thus this transfer will not have an adverse impact on the linear park or the adjacent fire station. Therefore, Staff recommends that the City quitclaim that portion of the linear park to the developer, Wolf Creek Development, LLC. Wolf Creek Development, LLC will, in turn, dedicate the property to the homeowners association. The homeowners association will become the responsible partyforthe operation and maintenance of the completed entry monument and landscaping. A blanket easement allowing the City to utilize the property for public purposes as necessary and convenient is included in the quitclaim deed. Council took a similar action transferring a small piece of the adjacent Fire Station property, on November 14, 2006, when the City Council adopted a resolution quitclaiming that portion of APN 962- 010 -009 to Wolf Creek Development, LLC. The deed was recorded on April 27, 2007 as Instrument No. 2007 0283842. FISCAL IMPACT: ATTACHMENTS: None 1. Resolution No. 2009 2. Quit Claim Deed with Exhibit "A" and Plat labeled Exhibit "B" RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE QUITCLAIM OF A PORTION OF ASSESSOR'S PARCEL NUMBER 962 -580- 090 TO WOLF CREEK DEVELOPMENT, LLC AND RESERVING AN EASEMENT FOR PUBLIC PURPOSES OVER SAID PROPERTY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the City of Temecula and S -P Murdy entered into a Development Agreement dated February 3, 2001, and recorded on October 3, 2001 as Instrument Number 2001 481 21 7 of Official Records of the County of Riverside "Development Agreement and WHEREAS, Wolf Creek Development, LLC acquired from S -P Murdy, LLC portions of its interest in the Development Agreement; and WHEREAS, pursuant to said Development Agreement, S -P Murdy, LLC, the underlying fee owner conveyed interest in real property, now identified as Assessor's Parcel Number 962 -580 -090, by Grant Deed to the City; and WHEREAS, as part of the conveyance of said real property interest, the underlying fee owner inadvertently conveyed portions of Assessor's Parcel No. 962- 580 -090 described on the legal description and depicted on the map attached to the Quitclaim Deed as Exhibits "A" and "B" respectively (referred to as the "Property attached as Exhibit "1" hereto and incorporated herein by this reference; and WHEREAS, Wolf Creek Development, LLC, the current developer of the Wolf Creek Development (the "Development Project needs the Property for monument and related uses in connection with the Development Project approved pursuant to the Development Agreement; and WHEREAS, the City of Temecula hereby determines that it does not need the real property interest for public purposes; and WHEREAS, Wolf Creek Development, LLC has agreed to accept a quitclaim of the Property for monument and related uses in connection with the Development Project approved pursuant to the Development Agreement discussed above; and WHEREAS, the City of Temecula shall reserve for itself, its successors and assigns a blanket easement on, over and across the Property for public purposes, which include, but are not limited to access, repair, drainage, utilities and all uses necessary or convenient thereto over the Property. WHEREAS, the City Council of the City of Temecula hereby desires to quitclaim to Wolf Creek Development, LLC the Property described in Exhibits "A" and "B" of the Quitclaim Deed attached as Exhibit "1" hereto. THEREFORE, BE IT RESOLVED, that the City Council approves that certain "Quitclaim Deed" attached as Exhibit "1" hereto and authorizes the Mayor to execute the Quitclaim on behalf of the City. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10 day of February, 2009 ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA Maryann Edwards, Mayor I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 09- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10 day of February, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Recording Requested by and when recorded return to: CITY OF TEMECULA Attention: City Clerk 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589 -9033 WOLF CREEK DEVELOPMENT LLC, A California Limited Liability Corp. 255 East Rincon Street, Suite 200 Corona, California 92879 Recording Fee: Exempt pursuant to Government Code 6103 and 27383 SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor declare(s): This Quitclaim Deed is for Portions of APN 962 -580 -090 Documentary Transfer Tax is .00 computed on the full value of property conveyed, or computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. QUITCLAIM DEED This QUITCLAIM DEED is entered into between the CITY OF TEMECULA, ,a municipal corporation, hereinafter referred to as "Grantor" and WOLF CREEK DEVELOPMENT LLC, A California Limited Liability Corporation, hereinafter referred to as "Grantee" and is effective as of February 10, 2009. RECITALS WHEREAS, Grantor and S -P Murdy, LLC entered into a Development Agreement dated February 3, 2001, and recorded on October 3, 2001 as Instrument Number 2001- 481217 of Official Records of the County of Riverside (referred to below as "Development Agreement which is incorporated herein by this reference; and WHEREAS, pursuant to the terms of said Development Agreement, Grantor acquired certain real property interests for public purposes; and WHEREAS, WOLF CREEK DEVELOPMENT, LLC acquired from S -P Murdy, LLC its interest in and to said Development Agreement; and 915476 -3 WHEREAS, as part of the conveyance of said real property interests for public purposes, Grantor had dedicated to it that certain real property in the City of Temecula, County of Riverside, State of California, hereinafter referred to as "the Property" identified as portions of Assessor's Parcel No. 962 580 -090, which is described on the legal description and depicted on the map attached hereto as Exhibits "A" and `B" and incorporated herein by this reference; and WHEREAS, as part of said conveyance, Grantee or Grantee's predecessor in interest S -P Murdy, LLC inadvertently transferred to Grantor the Property that Grantee needs to use for monument and related uses in connection with the Development Project approved pursuant to the Development Agreement discussed above; and NOW, THEREFORE, Grantor and Grantee hereby agree as follows: For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby REMISES, RELEASES AND QUITCLAIMS to Grantee all of Grantor's right, title and interest in the Property described above located in the City of Temecula, County of Riverside, State of California and depicted on the map attached hereto as Exhibit "B," which is incorporated herein by this reference, without representation or warranty, express or implied, and subject to all matters of record and any and all other matters affecting said Property. Grantor, however, reserves for itself, its successors and assigns a blanket easement on, over and across the Property for public purposes, which include, but are not limited to access, repair, drainage, utilities and all uses necessary or convenient thereto. Said blanket easement is congruent with the portion of APN 962 -580 -090 that is the subject of this Quitclaim Deed, which is described and depicted on Exhibits "A" and "B" hereto and incorporated herein by this reference. 915476 -3 IN WITNESS WHEREOF, these presents are hereby signed this day of February 2009. 915476 -3 ATTEST: SUSAN JONES, MMC, City Clerk Approved as to form: PETER M. THORSON, City Attorney GRANTOR CITY OF TEMECULA, a municipal corporation By: GRANTEE Maryann Edwards, Mayor WOLF CREEK DEVELOPMENT, LLC By: Title: By: Title: EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOT 89 OF TRACT 33124 AS SHOWN BY MAP ON FILE IN BOOK 415, PAGES 27 THROUGH 39, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF WOLF VALLEY ROAD AND WOLF CREEK DRIVE S. AS SHOWN ON TRACT 29305 -1 AS SHOWN BY MAP ON FILE IN BOOK 350, PAGES 65 THROUGH 78, INCLUSIVE, OF MAPS, AND ON TRACT 29305 AS SHOWN BY MAP ON FILE IN BOOK 378, PAGES 36 THROUGH 48, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE CENTERLINE OF SAID WOLF CREEK DRIVE S., SOUTH 52 °05'35" EAST, A DISTANCE OF 70.00 FEET; THENCE LEAVING SAID CENTERLINE NORTH 37 °54'25" EAST, A DISTANCE OF 33.00 FEET TO A POINT ON THE RIGHT -OF -WAY LINE OF WOLF CREEK DRIVE S., SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID RIGHT -OF -WAY LINE, SOUTH 52 °05'35" EAST, A DISTANCE OF 57.00 FEET; THENCE LEAVING SAID RIGHT -OF -WAY LINE, NORTH 37 °54'25" EAST, A DISTANCE OF 22.00 FEET; THENCE SOUTH 52 °05'35" EAST, A DISTANCE OF 5.00 FEET; THENCE NORTH 37 °54'25" EAST, A DISTANCE OF 8.00 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 89; THENCE ALONG SAID NORTHEASTERLY LINE, NORTH 52 °05'35" WEST, A DISTANCE OF 77.00 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 89; THENCE ALONG SAID NORTHWESTERLY LINE OF LOT 89, SOUTH 37 °54'25" WEST, A DISTANCE OF 6.00 FEET; 11/25/2008 POR. LOT 89 Page 1 of 2 EXPIRATION DATE 9/30/09 11/25/2008 EXHIBIT "A" LEGAL DESCRIPTION THENCE ALONG WESTERLY LINE OF SAID LOT 89, SOUTH 05 °54'06" EAST, A DISTANCE OF 28.30 FEET, TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 2,020 SQUARE FEET OR 0.046 ACRES, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ANTHONX' J. TERICH R.C.E. 21914 DATE /1/_SX7 No. 21 914 li E;`P, c!- POR. LOT 89 Page 2 of 2 20 0 10 20 SCALE: 1 LOT "0" TH. 293054 54 P.O.C. 20 S52'05' 35 "E 5.00 W �n N LOT 89 TR. 33124 M.B. 415/27 -39 T.P.O.B. S52'05'35 'E 70.00' �P Peck wkil w WOLF CREEK PROJECT VICINITY MAP R/W EXHIBIT "B" WOLF VALLEY ROAD SITE MY OF TEMECULA PEN DEED RECORDED DD °/010200 3 AS MST. T. NO. 2003-56223t OO L FDINAL RECORDS OF RMWERSUE COUNTY, CALMFORMA N52'05' 77.00' 57.00' S52'05' 35"E 370/36-46 WOLF CREEK DRIVE S. ITEM NO. 10 Approvals City Attorney Director of Finance City Manager Sief Paz, 42, CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: William G. Hughes, Director of Public Works DATE: February 10, 2009 SUBJECT: Award a Construction Contract for Pavement Rehabilitation De Portola Road, Project No. PW06 -10 PREPARED BY: Greg Butler, Deputy Director of Public Works CIP Jon Salazar, Associate Engineer, CIP RECOMMENDATION: That the City Council: 1. Award a construction contract for Project No. PW06 -10, Pavement Rehabilitation De Portola Road, to Hardy Harper, Inc. in the amount of $1,161,000.00 and authorize the Mayor to execute the contract; 2. Authorize the City Manager to approve change orders up to 30% of the contract amount, or $348,300; 3. Make a finding that the De Portola Road Pavement Rehabilitation Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: On October 28, 2008, City Council approved the plans and specifications and gave authorization to solicit construction bids for Project No. PW06 -10, Pavement Rehabilitation De Portola Road. The work for the De Portola Road Pavement Rehabilitation consists of reconstructing De Portola Road between Jedediah Smith Road and Margarita Road. More specifically, the project will include the following: the removal of existing pavement, construction of new roadway structural section consisting of crushed aggregate base, an asphalt concrete base course and asphalt concrete final course (overlay), raising of various facilities to grade, removal and replacement of asphalt concrete dikes, removal of existing and construction of new storm drain pipes, catch basins and modification of existing storm drain inlet/outlet conditions, traffic control, and installation of traffic striping, pavement markers and legends and miscellaneous appurtenant work. On Thursday, January 8, 2009, the City received fifteen bids. The bids were publicly opened and read aloud. The results were as follows: 1 Hardy Harper, Inc. 1,161,000.00 2 R. J. Noble 1,233,707.25 3 Marathon General, Inc. 1,234,234.00 4 All American Asphalt 1,255,000.00 5 Imperial Paving Co., Inc. 1,275,744.40 6 Vance Corporation 1,298,198.50 7 Hazard Construction Co. 1,330,936.40 8 Hillcrest Contracting, Inc. 1,349,308.83 9 D &L Wheeler Enterprises 1,363,541.50 10 Wheeler Paving, Inc. 1,366,299.45 11 Ortiz Asphalt Paving Co. 1,407,292.23 12 Sequel Contractors, Inc. 1,455,108.83 13 R.J. Bullard Construction, Inc. 1,510,004.25 14 L.B. Civil Construction, Inc. 1,602,396.40 15 Alliance Streetworks, Inc. 1,663,013.83 The Engineer's Estimate for the project is $1,836,430. The project specifications allow for One Hundred working days, which is an approximate duration of 5 months. In order to allow for potentially required additional work due to unsuitable subgrade conditions that were encountered on nearby projects and is expected to be found on this project, staff is requesting a an increased contingency of 30 Staff has reviewed the bid proposals and found Hardy Harper to be the lowest responsible bidder. Hardy Harper has public contracting experience and has completed similar projects for other agencies. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07 -04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008 the RCA will require that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right -of -way improvements projects are 5% of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees, as those programs contribute directly to the MSHCP. The De Portola Pavement Rehabilitation Project involves reconstruction of an existing roadway, entirely within the original road width, therefore there is no new disturbed area subject to the 5% MSHCP fees, and the project is thus exempt. FISCAL IMPACT: The project is included in the FY09 -13 CIP Budget and is funded with Measure A and Federal Surface Transportation Program Local (STPL) funds. Adequate funds are available in Account Number 210- 165 -656 -5804 for the contract amount of $1,161,000.00 plus the 30% contingency amount of $348,300 for a total encumbrance of $1,509.300. ATTACHMENTS: 1. Project Location 2. Project Description 3. Contract co N CU b bf1 0 con E b b CU .ii O s� O U it E 0 o co A-1 rl O O O O O OOO o O O N N O O 7r O N M 00 00 64 64 64 69 64 64 64 54 6R 54 64 5R 00 0 0 0 co 0 O O N M O OZ N 01 O oi v'l 00 N 00 N M 00 00 O\ --1 O O .--i N N •4 •4 •4 •4 64 64 •4. 64 •4 el O 4n rS. Or, 01 O, O O O C--- 00 o0 00 •4 64 64 •4 •4 H 00 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW06 -90 PAVEMENT REHABILITATION DE PORTOLA ROAD STPL 5459 (017) THIS CONTRACT, made and entered into the 10th day of February ,2009, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY and Hardy Harper, Inc., hereinafter referred to as "CONTRACTOR." WITN ESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.a. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW06- 10, PAVEMENT REHABILITATION DE PORTOLA ROAD, STPL 5459 (017), Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (Latest Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW06 -10, PAVEMENT REHABILITATION DE PORTOLA ROAD, STPL 5459 (017). Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517 -0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for PROJECT NO. PW06- 10, PAVEMENT REHABILITATION DE PORTOLA ROAD, STPL 5459 (017). In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: 6. PAYMENTS PROJECT NO. PW06 -10, PAVEMENT REHABILITATION DE PORTOLA ROAD, STPL 5459 (017) All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: One Million One Hundred and Sixty One Thousand DOLLARS and No CENTS ($1,161,000.00), the total amount of the bid. CONTRACTOR agrees to complete the work in a period not to exceed One Hundred (100) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. LUMP SUM BID SCHEDULE: A. Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR'S payment requests. UNIT PRICE BID SCHEDULE: B. Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90 of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one -year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9 -3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7 LIQUIDATED DAMAGES EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http: /www.dir.ca.gov. The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are included in Exhibit "B" of the project specifications. Future effective general prevailing wage rates which have been predetermined are on file with the California Department of Industrial Relations and are referenced but not printed in the general prevailing wage rates. CONTRACTOR shall post a copy of such wage rates at the job site and if there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, CONTRACTOR shall pay not less than the higher wage rate. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, DISTRICT, and /or AGENCY its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. 19. CONTRACT ASSURANCE. The CONTRACTOR or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of DOT assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of contract, which may result in the termination of this contract or such remedy, as recipient deems appropriate. 20. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 21. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his /her tenure or for one year thereafter. Furthermore, the contractor /consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 22. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 23. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Greg Butler Deputy Director of Public Works City of Temecula P.O. Box 9033 Temecula, CA 92589 -9033 Street Address: Greg Butler Deputy Director of Public Works City of Temecula 43200 Business Park Drive Temecula, CA 92590 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: DATED: ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACTOR Hardy Harper, Inc. 1312 E. Warner Avenue Santa Ana, CA (714) 444 -1851 By: Print or type NAME Print or type TITLE By: Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) CITY OF TEMECULA By Maryann Edwards, Mayor ITEM NO. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: John Meyer, Director of Housing and Redevelopment DATE: February 10, 2009 SUBJECT: Establishment and Appointment of Ad -Hoc Subcommittee Summerhouse Senior Housing Development (at the request of Council Member Washington) RECOMMENDATION: That the City Council: Approvals City Attorney Director of Finance City Manager 1. Establish an ad -hoc subcommittee to assess the opportunities related to the Summerhouse Senior Housing Development, and; 2. Appoint Council Members Roberts and Washington to serve on this ad -hoc subcommittee. BACKGROUND: The Summerhouse Senior Housing Development was entitled as a 110 -unit, owner occupied senior housing complex located at the northwest corner of Margarita and Dartolo Roads. Construction on this project has been abandoned. Eight units were completed; six additional units and the community room /pool facility have been partially completed. The purpose of this ad -hoc committee will be to assess any opportunities the City and /or Agency may take to facilitate the completion of this project. FISCAL IMPACT: None. ATTACHMENTS: None. ITEM NO. 12 ORDINANCE NO. 09 -01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TEMECULA MUNICIPAL CODE SECTIONS 17.22.160 THROUGH 17.22.178, INCLUSIVE, REVISING THE RANCHO PUEBLO PLANNED DEVELOPMENT OVERLAY ZONE (PDO -6) TO REVISE THE USES ALLOWED FOR PLANNING AREA C AND ESTABLISH DEVELOPMENT STANDARDS FOR PLANNING AREA C (PLANNING APPLICATION NO. PA07 -0309) 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 that: A. The proposed amendment to Title 17 of the Temecula Municipal Code was processed without a subsequent environmental review per the California Environmental Quality Act due to a previously approved Mitigated Negative Declaration. B. The Planning Commission of the City of Temecula held a duly noticed public hearing on December 17, 2008, to consider the proposed amendment 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 amendment, the Planning Commission adopted Resolution No. 08 -56, recommending that the City Council approve the proposed amendment to Title 17 of the City of Temecula Municipal Code. D. On January 27, 2009, the City Council of the City of Temecula held a duly noticed public hearing on the proposed amendment 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 amendment in Planning Application Number PA07 -0309 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 amendment to Title 17 of the Temecula Municipal Code are allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; R: /Ords 2009 /Ords 09 -01 1 The proposed amendment to PDO -6 is designed to provide development standards for the Halcon Rojo Professional Office Complex and create Planning Area C which will house the development. The amendment is necessary since the PDO currently indicates that a ball field will be placed in the location of the proposed Halcon Rojo site as part of Planning Area A. Medical and business office space is already an allowable use by the PDO and Development Code. In addition, the parcel is designated as Professional Office by the City of Temecula General Plan. B. The proposed amendment to Title 17 of the Temecula Municipal Code are in conformance with the goals, policies, programs and guidelines of elements of the General Plan; The proposed amendment to Title 17 of the Temecula Municipal Code have been reviewed by all appropriate departments to ensure they are in conformance with the goals, policies, programs and guidelines of elements of the General Plan. C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; The proposed amendment to PDO -6 has been reviewed by all appropriate departments to ensure that it will be established and maintained in a manner that is consistent with the General Plan and all applicable provisions contained therein. Section 3. Environmental Findings. The proposed project has been determined to be consistent with the previously approved Mitigated Negative Declaration and is exempt from further environmental review. The previously approved Mitigated Negative Declaration was designed to examine a total of 315,374 square feet of allowable building square footage for the Rancho Pueblo Professional Center (Planning Area B) located on the east side of PDO -6. However, the Development Plan for the project was only approved for 217,378 square feet of allowable building area. This left a remainder of 97,996 square feet that was evaluated by the Mitigated Negative Declaration. 65,640 square feet of this remainder will be transferred to the newly proposed Planning Area C. The uses within Planning Area B and the proposed Planning Area C are consistent with each other. Given that the total square footage of PDO -6 will not be increased and the uses remain consistent, it can be seen with certainty that there is no possibility the revised Ordinance will have a further significant effect on the environment from what was already studied under the existing Mitigated Negative Declaration. The City Council hereby finds that this Ordinance is exempt from additional requirements under the California Environmental Quality Act "CEQA pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3). Section 4. The City Council of the City of Temecula hereby amends Temecula Municipal Code Sections 17.22.160 through 17.22.178, inclusive, Rancho Pueblo R: /Ords 2009 /Ords 09 -01 2 Planned Overlay Zone (PDO -6), to read as set forth on Exhibit A, attached hereto and incorporated herein as though set forth in full. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10 day of February, 2009. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R: /Ords 2009 /Ords 09 -01 3 Maryann Edwards, Mayor 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 Ordinance No. 09 -01 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 27 day of January, 2009, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 27 day of February, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: R: /Ords 2009 /Ords 09 -01 4 Susan W. Jones, MMC City Clerk RANCHO PUEBLO PLANNED DEVELOPMENT OVERLAY (PDO -6) Prepared for CITY OF TEMECULA Department of Community Development Prepared by Malkoff and Associates 18456 Lincoln Circle Villa Park, CA 92861 (714) 288-6200 in collaboration with James Benedetti, ASLA Temecula Engineering Consultants Timeless Architecture September 24, 2002 Amended by Lundstrom Associates One Ridgegate Drive, Suite 210 Temecula, CA 92590 (951) 491-6690 September 24, 2008 Rancho Pueblo Planned Development Overlay (PDO -6) Table of Contents 17.22.160 TITLE 6 17.22.162 PROJECT DESCRIPTION 6 A. GENERAL PLAN CONSISTENCY 6 B. VISION 6 C. PROJECT AREA 8 17.22.164 PLANNING AREAS 12 PLANNING AREA A RANCHO COMMUNITY CHURCH AND SCHOOLS 12 PLANNING AREA B RANCHO PUEBLO PROFESSIONAL CENTER 14 PLANNING AREA C HALCON ROJO PROFESSIONAL CENTER 16 17.22.166 LAND USES 18 A. USE MATRIX 18 B. DEVELOPMENT STANDARDS 30 17.22.168 CIRCULATION PLAN 32 A. ACCESS POINTS AND CONNECTIONS 32 B. ROADWAY DESIGN AND CROSS SECTIONS 34 C. TRUCK ACCESS 34 D. PEDESTRIAN CIRCULATION 34 E. PARKING 36 F. SERVICE FACILITIES 37 1. Service, Loading and Delivery Areas 37 2. Trash 37 3. Storage 37 4. Utility Equipment 37 5. Mechanical Equipment 37 17.22.170 RECREATION FACILITIES 38 A. PLAYING FIELDS 38 B. HARD SURFACE PLAY AREAS 38 17.22.172 LANDSCAPING 39 A. GENERAL SITE STANDARDS 39 1. Highway 79 39 2. Rear (North) Property Line 42 3. Shared Mini Plazas 42 4. Parking Areas 42 5. Storm Drain Channel 46 6. Water District Easement on West Property Line 46 7. Temporary Ground Cover 46 8. Equipment and Service Areas Screening 46 B. STREETSCAPES 46 C. ENTRY FEATURES 53 September 24, 2008 2 Rancho Pueblo Planned Development Overlay (PDO -6) D. PLAZAS DESIGNS ELEMENTS 53 E. PAVEMENT FINISHES 53 F. CITY STANDARDS 53 G. PLANT PALETTE 55 17.22.174 INFRASTRUCTURE AND DEVELOPMENT PHASING 58 A. UTILITIES 59 B. GRADING AND DRAINAGE 59 17.22.176 DESIGN GUIDELINES 62 A. ARCHITECTURAL STATEMENT 62 1. Form and Scale 62 2. Complexity and Unity 71 3. Architectural Elements 71 4. Materials and Finishes 76 5. Parking Structures 76 6. Drive -Thru 80 B. ACCENT ELEMENTS 80 1. Paving, Plazas and Walkways 80 2. Site Furniture 80 3. Fountains 80 4. Raised Planters 80 C. WALLS AND FENCES 84 1. Masonry Stucco 84 2. Three -Rail 84 3. Chain -Link 84 D. LIGHTING 84 1. Streets and Parking Areas 91 2. Pedestrian and Wall Mounted 91 3. Accent 91 4. Sports Fields 91 E. SIGNAGE 91 1. Monument 97 2. Building and Tenant Identification 97 3. Pedestrian- Oriented 99 4. Vehicular Directional Signage 99 5. Specialty 99 6. Sign Illumination 99 7. Commercial Wall Mounted Tenant Signs 99 17.22.178 IMPLEMENTATION GUIDELINES 103 A. ADOPTION OF THE PDO 103 B. SITE DEVELOPMENT PLAN REVIEW PROCESS 103 C. ALTERNATIVE DEVELOPMENT STANDARDS 103 D. AMENDING THE PDO 103 E. EXPANSION OF THE PDO AREA 104 September 24, 2008 3 Rancho Pueblo Planned Development Overlay (PDO -6) List of Figures Figure 1 Vicinity Map 7 Figure 2 Study Area 9 Figure 3 PDO Area Map 10 Figure 4 Conceptual Illustrative Land Use Plan Church Schools 13 Figure 5A Conceptual Illustrative Land Use Plan Rancho Pueblo Professional Center 15 Figure 5B Conceptual Illustrative Land Use Plan Halcon Rojo Professional Center 17 Figure 6 Circulation Plan 33 Figure 7 Roadway Sections 35 Figure 8 Landscape Illustrations Key Map 40 Figure 9 Highway 79 Buffer 41 Figure 10 Rear Property Line Drainage Channel 43 Figure 11 Pedestrian Gathering Area 44 Figure 12 Pedestrian Corridor at Parking Area 45 Figure 13 Rancho Pueblo Entry 47 Figure 14 Rancho Pueblo Interior Section 48 Figure 15 Chapel Lane Entry 49 Figure 16 Chapel Lane Interior Section 50 Figure 17 Rancho Community Church Sign 51 Figure 18 Halcon Rojo Professional Center Entry 52 Figure 19 Main Church Gathering Plaza Plan 54 Figure 20 Grading Exhibit 60 Figure 21 Drainage Exhibit 61 Figure 22 Exterior Architectural Aesthetics 63 Figure 22A Exterior Architectural Aesthetics 64 Figure 22B Exterior Architectural Aesthetics 65 Figure 22C Exterior Architectural Aesthetics 66 Figure 22D Exterior Architectural Aesthetics 67 Figure 22E Exterior Architectural Aesthetics 68 Figure 22F Exterior Architectural Aesthetics 69 Figure 22G Exterior Architectural Aesthetics 70 Figure 33 Typical Entrance Detail 72 Figure 24A Secondary Entry Exit Cover B 73 Figure 25 Exterior Secondary Entry Exit Covers 74 Figure 25A Exterior Entry Exit Covers 75 Figure 26 Exterior Colonnade 77 Figure 27 Exterior Sloped Window Shade Covers 78 Figure 27A Window Detail 79 Figure 28 Typical Planter Integrated Seat 81 Figure 28A Typical Planter Integrated Seat Detail Photographic Example 82 Figure 29 Typical Fountain Detail 83 Figure 30 Stucco Wall Detail 85 Figure 31 Three Rail Fence Detail 86 September 24, 2008 4 Rancho Pueblo Planned Development Overlay (PDO -6) Figure 32A Parking Lot Driveway Lighting 87 Figure 32B Walkway, Plaza Parking Deck Lighting 88 Figure 32C Wall Mounted Lighting 89 Figure 32D Sports Field Lighting 90 Figure 33 Signage Plan 92 Figure 34 Signage 93 Figure 34A Signage 94 Figure 34B Under Canopy Signage 95 Figure 35 Church Signage Tower with Electronic Signage Feature 96 Figure 36 Commercial Wall Mounted Signage 98 List of Tables Table 17.22.162 Rancho Pueblo Statistical Area Summary 11 Table I7.22.166A Matrix of Permitted Uses 18 Table 17.22.166B Development Standards 24 Table 17.22.172 Plant Palette 49 September 24, 2008 5 17.22.160 TITLE Within the City of Temecula's Zoning Code (Title 17), Sections 17.22.160 through 17.22.178 shall be known as "PDO -6" (Rancho Pueblo Planned Development Overlay District). 17.22.162 PROJECT DESCRIPTION A. GENERAL PLAN CONSISTENCY Rancho Pueblo Planned Development Overlay (PDO -6) The Rancho Pueblo Planned Development Overlay (PDO -6) helps define a vision for the future development of Rancho Pueblo and serves as a guide to the implementation of that vision over time. This document directs future development to adhere, appropriately, to the overall PDO area vision, thereby ensuring that Rancho Pueblo fulfills its primary goal of positively adding to the collective image of the City of Temecula. Design excellence, coupled with efficient and safe, vehicular and pedestrian circulation, provides an environment with pedestrian- friendly streetscapes and landscaped areas Special attention will be given to providing architectural and landscape designs that are complementary to the adjacent residential areas. The Rancho Pueblo PDO project area is situated to the southeast of central Temecula, on the north side of Highway 79 South, midway between the intersection with Margarita Road and Jedediah Smith Road, approximately 1.5 miles east of the intersection with I -15 (Figure 1). The PDO area is currently zoned Professional Office by the City of Temecula and falls within the Zl Special Plan Overlay, as set forth in the City of Temecula General Plan. In accordance with the requirements for a Special Plan Overlay, Rancho Pueblo will be a comprehensively planned development with a complementary mix of uses. The underlying zoning for the PDO area will remain as Professional Office, except as specifically modified herein. In situations where the development guidelines herein do not specifically or completely address an issue, the Temecula City Wide Design Guidelines will apply, so the development guidelines herein are seen as an adjunct to, rather than a displacement of, the City Wide Design Guidelines. B. VISION The name for "Rancho Pueblo" evolved from its origins in the Rancho Community Church and its desire to evoke the look and feel of a village through provision of a more traditionally based pedestrian- oriented environment, blended with the regional Spanish- American heritage. Just as churches provide valuable community models for balancing stability and growth to form the lasting cornerstones of our communities, Rancho Pueblo is to be a model for a well planned, well- executed and cohesive plan. The presence of Rancho Community Church on the project site will provide a guiding and stabilizing force to the entire development and will provide a new landmark, both literally and figuratively, for the City of Temecula and the entire Temecula Valley. September 24, 2008 Rancho Pueblo Planned Development Overlay (PDO -6) Planned Development Overlay PAOI -0522 Vicinity Map Figure 1. September 24, 2008 7 The Project forms an attractive and complimentary addition to both the adjacent neighborhoods and the City of Temecula as a whole, by knitting together a tapestry of architectural, landscape, and urban design elements, complementary to the City of Temecula's, City Wide Design Guidelines. The Rancho Pueblo PDO envisages a symbiotic assemblage of possible uses, including a church and its associated administrative and ministerial structures, church -based schools, community- accessible recreational facilities, professional offices, medical support services, and support retail; other uses may include, assisted living and congregate care facilities, and self storage facilities. There is a strong emphasis placed on ease of access and pedestrian- friendly circulation within the entire site. In general, parking lots are placed along the central backbone roadway system, with a network of sidewalks, walking paths, and pedestrian corridors designed to facilitate and encourage pedestrian movement, throughout the entire Rancho Pueblo PDO area. The network of pedestrian pathways also connects handicapped- accessible parking areas to the site buildings with additional external site linkages at appropriate points along Highway 79 South. C. PROJECT AREA Rancho Pueblo Planned Development Overlay (PDO -6) The Project Area, shown in Figure 2, is defined as Tract Number 30798, Lots 1 through 16, and Tract Number 30797, Lots 1 through 8, totals approximately 53.62 acres and runs along the Highway 79 frontage for approximately 3,700 feet. Site depth varies between approximately 430 and 730 feet from the right -of -way line. The Project Area, collectively known as Rancho Pueblo, will be governed by this Planned Development Overlay, subject to review and approval of the City of Temecula. It is to be a high- quality, regional development, positively enhancing the overall image of the City of Temecula. It consists of threesignificant and interrelated development areas, delineated as Planning Areas A, B, and C in Figure 3. Planning Area A is the new home for the Rancho Community Church and School, anchoring the site in the midwestern portion of the PDO area. Planning Area B, the Rancho Pueblo Professional Center, consists of professional offices, support retail, retail, and other appropriate land uses, and occupies the eastern portion of the PDO. Planning Area C, also known as the Halcon Rojo Professional Center, will also consist of professional offices, support retail, retail, and other appropriate land uses. A statistical summary of acreage for each of the proposed major development areas within the PDO is presented in Table 17.22.162. September 24, 2008 8 September 24, 2008 Rancho Pueblo Planned Development Overlay (PDO -6) Rancho Pueblo Planned Development Overlay (PDO -6) g 0 3 0. September 24, 2008 10 Planning Area Acreage Square Footage Percentage A. Rancho Community Church and Schools Development Pad 4.61 ac 200,908 13.63 Landscaped Area, Hardscape and Walkways 12.08 ac 526,337 35.70 Public Streets Driveway (R.O.W. Only) 0.69 ac 30,152 2.04 Private Street /Driveway Easement 2.07 ac 90,260 6.12 Open Space (sports fields) 6 23 ac 271,534 18.41 Projected Parking Area (footprint only) 8.16 ac 355,353 24.10 Gross Acreage: 33.85 ac 1,474,544 100.00 Allowable Building square footage 852,457 sf Total Projected Parking Spaces 1,451 B. Rancho Pueblo Professional Center Development Pad 3.85 ac 167,812 26.60 Landscaped Area 4.72 ac 205,326 32.55 Public Streets Driveways (R.O.W. Only) 2.00 ac 87,347 13.85 Projected Parking Area (footprint only) 3.91 ac 170,264 27.00 Gross Acreage: 14.48 ac 630,815 100.00 Allowable Building square footage 315,374 sf Total Projected Parking Spaces 392 C. Halcon Rojo Professional Center Development Pad 0.78 ac 34,159 14.83 Landscaped Area 1.92 ac 83 547 36.27 Hardscape, Sidewalk and Walkways 0.54 ac 23,628 10.26 Projected Parking Area (footprint only) 2.04 ac 89,036 38.65 Gross Acreage: 5.29 ac 230,370 100.00 Allowable Building square footage 65,640 sf Total Projected Parking Spaces 245 Rancho Pueblo PDO total gross acreage: 53.62 ac 2,335,729 Table 17.22.162 RANCHO PUEBLO STATISTICAL AREAS SUMMARY* September 24, 2008 Rancho Pueblo Planned Development Overlay (PDO -6) Statistics shown, except those for gross acreage by site, are illustrative and subject to revision during subsequent Site Development Plan approvals. Additional 0.25 floor area ratio may be allowed based on enhanced landscape and /or architecture in the PO zone. FAR's are slightly higher for retail and retail- support areas 17.22.164 PLANNING AREAS Rancho Pueblo Planned Development Overlay (PDO -6) Rancho Pueblo has threemajor components: the Rancho Community Church and Schools, the Rancho Pueblo Professional Center, and the Halcon Rojo Professional Center. The Church and Schools project contains worship, ministerial, meeting and educational facilities and associated recreational amenities. The Professional Centers may consist of a combination of professional services, support retail, a sports club and possibly congregate care or self storage facilities. While the following descriptions of the Church and School, and the Professional Centers are illustrative of a potential mix of uses, the fmal complexion of the PDO area will be governed by the Matrix of Permitted Uses (see Table 17.22.166A) and subject to the City of Temecula Site Development Plan Review process. PLANNING AREA A RANCHO COMMUNITY CHURCH AND SCHOOLS Expected uses for the Rancho Community Church and Schools site include: 1. Religious worship spaces 2. Church administration offices 3. Church ministries and program areas 4. Preschool 5. Elementary school 6. Junior High and High Schools 7. Indoor recreation 8. Recreational playing fields 9. Outdoor hard- surface recreation areas 10. Associated parking areas structured and at -grade 11. Caretaker residences The Church and its associated phased structures are organized, village style, around a central gathering place, functioning both as a forecourt for the Worship Center and as a place of respite and contemplation for its multiple associated users. The Worship Center, the major, central building of the Church complex, is situated directly on the main gathering place, towards the front of the site to help decrease potential visual impacts, of this lie footprint structure, on the residential areas to the rear of the site, and to increase the building's presence on Highway 79 South. The gathering place is further bounded by the Adult Education building, the Chapel and the Family Life Center; the Family Life Center also functions in the early years as the Interim Worship Center. These buildings, in turn, are bracketed by the Preschool, Elementary, Junior High and High School buildings, with the western and eastern ends of the site containing recreational playing fields. Figure 4 illustrates a representative development plan for the site. The only buildings not directly associated with the central gathering place are the Administration building, located close to Highway 79 South, and the two Field Houses adjacent to the east and west sports fields. The Administration Building development pad extends from Chapel Lane to Highway 79 South, adjacent to the Rancho Pueblo Road main site entry, but it is September 24, 2008 12 September 24, 2008 Rancho Pueblo Planned Development Overlay (PDO -6) IMO MOO 11 3 v.p H. 13 t pima 0 H 0 N V L N 13 Rancho Pueblo Planned Development Overlay (PD0-6) accessed from within the Church and Schools site, via Chapel Lane. Depending on Church, office space requirements, this building may accommodate multi- tenant, non Church related uses. Efficient use of land is maintained throughout the site by use of sharing of reciprocal parking between the Church and non Church uses, with the overriding and dominant peak demand being weekend worship services. Temporary modular units are allowed for interim school uses. Such units must have landscaping to soften views of the modulars from off -site areas, and must be phased out over time. Construction trailers are allowed, without landscaping. PLANNING AREA B RANCHO PUEBLO PROFESSIONAL CENTER The site may contain a well coordinated mix of professional office and other use types, including: 1. Medical and Professional Office 2. Self storage facilities 3. Assisted Living facilities 4. Senior Living facilities The site is organized around the central main street, Ranch Pueblo Road, which traverses the middle of the site, from its western terminus at Highway 79, shared with the Rancho Community Church and Schools site to the west, to its interim eastern terminus at the PDO eastern boundary; secondary access is also provided via the right -in right -out road connecting to Highway 79 at the eastern boundary of the site. In addition, a connection for Rancho Pueblo Road to the east is provided in Planning Area B. Development parcels are located along and accessed from Rancho Pueblo Road, which bisects the site in an east -west direction. Some access may also be provided, at a suitable distance from Highway 79, from the right -in, right -out access road connecting to Highway 79, at the eastern end of the site. Parcels along Highway 79 have their front yards, with appropriate setbacks, designated along Highway 79, while the parcels to the rear of the site front onto Rancho Pueblo Road. Main entries of buildings, especially those along the Highway 79 frontage, will be oriented towards the interior of the site to keep the amount of parking on the exterior boundaries of the site to a minimum. Buildings fronting onto Highway 79 will be variably setback and spaced along the right -of -way line to provide a combination of visually interesting relationships with respect to access and movement of vehicles and pedestrians within the site. Whenever possible, cluster groups or pairs of buildings around shared, central courtyards to promote a more village -like atmosphere. Figure 5A illustrates a representative development pattern, while Figure 11 (see Section 17.22.172.A.3), illustrates how the shared landscaped areas can as pedestrian gathering places, serving adjacent buildings. September 24, 2008 14 September 24, 2008 Rancho Pueblo Planned Development Overlay (PDO -6) 15 Rancho Pueblo Planned Development Overlay (PDO -6) PLANNING AREA C HALCON ROJO PROFESSIONAL CENTER The site may contain a well coordinated mix of professional office and other use types, including: 1. Medical and Professional Office 2. Healthcare facilities 3. Pharmacy The site is organized around the project entrance from Highway 79 at the southeast corner of the site; secondary access is provided from the adjacent sports field driveway also in the southeast corner of the site. The project entry is right -in, right -out from Highway 79. The professional office buildings will be clustered in the center of the site, with parking areas located around the perimeter of the site as illustrated in Figure 5A. The main entries of the buildings will be oriented towards a central entrance courtyard and vehicular roundabout area. The circular driveway, or roundabout, will also be used as a drop -off or loading area for patients. Commercial loading areas shall be provided for each building and shall be located in proximity to the building it serves. Buildings fronting onto Highway 79 will be variably setback and spaced along the right -of -way line to provide a combination of visually interesting relationships with respect to access and movement of vehicles and pedestrians within the site. Whenever possible, cluster groups or pairs of buildings around shared, central courtyards to promote a more village -like atmosphere. Figure 11 (see Section 17.22.172.A.3), illustrates how the shared landscaped areas can act as pedestrian gathering places, serving adjacent buildings. September 24, 2008 16 Rancho Pueblo Planned Development Overlay (PDO -6) September 24, 2008 17 Table 17.22.166A RANCHO PUEBLO MATRIX OF PERMITTED USES A Adult business subject to Chapter 5.08 of Temecula Municipal Code Aerobics dance /gymnastics /jazzercise /martial arts studios (less than 5,000 sq. ft.) C Aerobics /dance /gymnastics /jazzercise /martial arts studios (greater than 5,000 sq. ft.) C Affordable Housing C Airports Alcoholism or drug treatment facilities C Alcohol and drug treatment (outpatient) P Alcoholic beverage sales Ambulance services Animal hospital/shelter Antique restoration Antique sales Apparel and accessory shops Appliance sales and repairs (household and small appliances) Arcades (pinball and video games) Art supply stores Auction houses Auditoriums and conference facilities C Automobile dealers (new and used) Automobile sales (brokerage)- showroom only (new and used) -no outdoor display Automobile repair services Automobile rental Automobile painting and body shop Automobile salvage yards /impound yards Automobile service stations with or without an automated car wash Automotive oil change /lube services with no major repairs Automotive parts -sales Automotive service stations selling beer and/or wine with or without an automated car wash 17.22.166 LAND USES A. USE MATRIX Rancho Pueblo Planned Development Overlay (PDO -6) The land uses listed in the following table will be permitted in the Rancho Pueblo Planned Development Overlay (RPPDO), only as indicated. Where indicated with a letter "P" the use will be a permitted use. A letter "C" indicates the use will be conditionally permitted subject to the approval of a conditional use permit. Where indicated with the symbol the use is prohibited within the Rancho Pueblo PDO Area. September 24, 2008 18 Table 17.22.166A RANCHO PUEBLO MATRIX OF PERMITTED USES (con't) B Bakery, goods distribution Bakery, retail P Bakery, wholesale Banks and financial institutions (without drive -thru lanes) P Banks (with drive -thru lanes) C Barber and beauty shops P Bed and Breakfast Bicycle (sales, rentals, services) Billiard parlor /pool hall Binding of books and similar publications P Blood bank P Blueprint and duplicating and copy services P Bookstores P Bowling alley Building material sales (with exterior storage /sales areas greater than 50 percent of total sales area) Building material sales (with exterior storage /sales areas less than 50 percent of total sales area) Butcher shop C Cabinet shop Cabinet shops under 20,000 sq. ft. no outdoor storage Camera shop (sales /minor repairs) Candy/confectionery sales P Car wash, full service Carpet and rug cleaning Caretaker residences C Catering services Clothing sales P Coins, purchase and sales Cold storage facilities Communications and microwave installation C Communications equipment sales P Community care facilities P Computer sales and servicing P Congregate care housing for the elderly P Construction equipment sales, service or rental Contractor's equipment, sales, service or rental Convenience market Costume rentals Crematoriums Cutlery Rancho Pueblo Planned Development Overlay (PDO -6) September 24, 2008 19 Table 17.22.166A RANCHO PUEBLO MATRIX OF PERMITTED USES (con't) D Data processing equipment and systems P Day care centers P Delicatessen P Discount/department store Distribution facility Drug store /pharmacy P Dry cleaners P Dry cleaning plant E Emergency shelters C Equipment sales and rentals (no outdoor storage) Equipment sales and rentals (outdoor storage) F Feed and grain sales Financial, insurance, real estate offices P Fire and police stations P Floor covering sales Florist shop p Food processing Fortune telling, spiritualism, or similar activity Freight terminals Fuel storage and distribution Funeral parlors, mortuary Furniture sales Furniture transfer and storage G Garden supplies and equipment sales and service Gas distribution, meter and control station General merchandise /retail store less than 10,000 sq. ft. Glass and mirrors, retail sales Governmental offices P Grocery store, retail Grocery store, wholesale Guns and firearm sales H Hardware stores Health and exercise clubs C Health food store C Healthcare facility P Heliports Home and business maintenance service Hospitals C Rancho Pueblo Planned Development Overlay (PDO -6) September 24, 2008 20 Table 17.22.166A RANCHO PUEBLO MATRIX OF PERMITTED USES (cony) I Ice cream parlor P Impound yard Interior decorating service P J Junk or salvage yard K Kennel L Laboratories (film, medical, research or testing centers) C Laundromat Laundry service (commercial) Libraries, museums and galleries C Liquefied petroleum, sales and distribution Liquor stores Lithographic service Locksmith P M Machine shop Machinery storage yard Mail order businesses P Manufacturing of products similar to, but not limited to, the following. Custom -made product, processing, assembling, packaging, and fabrication of goods within enclosed building (no outside storage), such as jewelry, furniture, art objects, clothing, labor intensive manufacturing, assembling, and repair processes that do not involve frequent track traffic. Compounding of materials, processing, assembling, packaging, treatment or fabrication ofmaterials and products That require frequent truck activity or the transfer of heavy or bulky items. Wholesaling, storage, and warehousing within enclosed building, freight handling, shipping, truck services and terminals, storage and wholesaling from the premises of unrefined, raw or semi refined products requiring further processing or manufacturing, and outside storage. Uses under 20,000 sq. ft. with no outside storage Massage Medical equipment sales /rental P Membership clubs, organizations, lodges C Mini- storage or Mini warehouse facilities° C Mobile home sales and service Modular Classrooms /buildings C Motion picture studio Motorcycle sales and service Movie theaters Musical and recording studio N Nightclubs /taverns /bars /dance club /teen club Nurseries (retail) Nursing homes /convalescent homes C Rancho Pueblo Planned Development Overlay (PDO -6) September 24, 2008 21 Table 17.22.166A RANCHO PUEBLO MATRIX OF PERMITTED USES (con't) 0 Office equipment/supplies, sales /services P Offices, professional services with Less than 50,000 sq. ft., including, but not limited to, business law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate, insurance P P Paint and wallpaper stores Parcel delivery services Parking lots and parking structures C Pawnshop Personal service shops P Pest control services Pet grooming /pet shop Photographic studio P Plumbing supply yard (enclosed or unenclosed) Postal distribution Postal services P Printing and publishing (newspapers, periodicals, books, etc.) C Private utility facilities (Regulated by the Public Utilities Commission) P Q Reserved R Radio and broadcasting studios, offices P Radio /television transmitter Recreational vehicle parks Recreational vehicle sales Recreational vehicle, trailer, and boat storage within an enclosed building C Recreational vehicle, trailer and boat storage exterior yard Recycling collection facilities Recycling processing facilities Religious institution, without day care or private school C Religious institution, with a private school C Religious institution, with day care C Residential (one dwelling unit on the same parcel as a commercial or industrial use for use of the proprietor of the business) C Residential, multiple- family housing Restaurant, drive in/fast food Restaurants and other eating establishments P Restaurants with lounge or live entertainment Retail support uses P Rooming and boarding houses Rancho Pueblo Planned Development Overlay (PDO -6) September 24, 2008 22 Table 17.22.166A RANCHO PUEBLO MATRIX OF PERMITTED USES (con S Scale, public Schools, business and professional C Schools, private (kindergarten through Grade 12) C Schools, religious (kindergarten through Grade 12; and, seminary) C Scientific research and development offices and laboratories C Senior citizen housing (see also congregate care) P Solid waste disposal facility Sports fields (with or without related school use) C Swap Meet, entirely inside a permanent building Swap Meet, outdoor Swimming pool supplies /equipment sales T Tailor shop P Taxi or limousine service Tile sales Tobacco shop Tool and die casting Transfer, moving and storage Transportation terminals and stations Truck sales /rentals /service TV /VCR repair U Upholstery shop V Vending machine sales and service W Warehousing /distribution Watch repair P Wedding chapels C Welding shop Welding supply and service (enclosed) Y Reserved Z Reserved Rancho Pueblo Planned Development Overlay (PDO -6) Notes: 1. All antennas will be masked or incorporated into approved structures or other surfaces, subject to City Design Review and City Antenna Ordinance. 2. All congregate care and senior housing residential projects will use the development and performance standards for the High Density Residential zone and the provisions contained in City of Temecula Zoning Code Section 17.06.050.H. 3. See City of Temecula Zoning Code Section 17.080.050(R), special use regulations and standards for self- storage or mini warehouse facilities. September 24, 2008 23 Development Standard PDO -6 Minimum gross acreage per Planning Area 5 acres Target floor area ratio 0.25 Maximum floor area ratio (including bonuses) 0.50 Front yard adjacent to street: 80 feet Highway 79 South 20 feet Rancho Pueblo Road 20 feet Chapel Lane 20 feet Other Service and Access Roads 10 feet Front Yard adjacent to residentially zoned property 25 feet Interior side yard 10 feet Rear yard 10 feet Accessory structure side /rear yard setback 5 feet Minimum building separation: One story 15 feet Two stories 20 feet Maximum building height: Two stories 40 feet' Large meeting hall/auditorium structures (with high ceiling single story portions to their structures) 45 feet Parking Structures 45 feet Temporary modular buildings 15 feet Maximum percent of lot coverage 50 percent Minimum required landscape open space (including hardscape and walkways) 25 percent Development Standard Development on single lot Minimum net lot area 40,000 square feet Target floor area ratio 0.50 Maximum floor area ratio (including bonuses) 1.00 Minimum width at required front setback area 80 feet Minimum depth 120 feet Minimum frontage on street 60 feet Front yard adjacent to street: Highway 79 South 20 feet Rancho Pueblo Road 20 feet Chapel Lane 20 feet Other Service and Access Roads 10 feet Front Yard adjacent to residentially zoned property 25 feet B. DEVELOPMENT STANDARDS Table 17.22.166B RANCHO PUEBLO PDO DEVELOPMENT STANDARDS September 24, 2008 Rancho Pueblo Planned Development Overlay (PDO -6) 24 Interior side yard 10 feet Rear yard 10 feet Accessory structure side /rear yard setback 5 feet Minimum building separation: One story 15 feet Two stories 20 feet Maximum building height: Two stories 40 feet' Large meeting hall/auditorium structures (with high- ceiling single story portions to their structures) 45 feet Temporary modular buildings 15 feet Parking Structures 45 feet Maximum percent of lot coverage 50 percent Minimum required landscape open space (including hardscape and walkways) 25 percent Fence, hedge or wall maximum height 6 feet Accessory building maximum height 15 feet Rancho Pueblo Planned Development Overlay (PDO -6) Table 17.22.166B RANCHO PUEBLO MATRIX OF PERMITTED USES (con't) Notes: 1. All structures except Worship Center, Chapel, Family Life Center (containing high ceiling, single story spaces) and Parking Structure. 2. For purposes of this PDO document, Worship Center, Chapel, Family Life Center (containing high ceiling, single story spaces) and Parking Structure fall into this category. 3. Parking structures of two stories. September 24, 2008 25 17.22.168 CIRCULATION PLAN Rancho Pueblo Planned Development Overlay (PDO -6) A. ACCESS POINTS AND CONNECTIONS In total, there are four vehicular access points into the PDO along Highway 79, with a fifth (future) access point planned to the east, directly onto Margarita Road, through the easterly adjacent parcel, which is outside of this PDO (Figure 6). The major, centrally located, PDO entry point is at Rancho Pueblo Road, opposite Avenida De Missiones (presently known as Constance B), with a second access point, directly into the Church and Schools site at Chapel Lane, presently Constance A; both these intersections are planned to be full- movement and signalized. There are two additional secondary access points, limited to right-in/right-out movements only, at the eastern and western ends of the PDO, providing access directly to the Rancho Pueblo Professional Center and the Halcon Rojo Professional Center /Rancho Pueblo Sports Center respectively; these intersections will not require traffic signals. Circulation for the PDO area centers along Rancho Pueblo Road, which acts as the symbolic thoroughfare for the development, forming a central element about which various building clusters are organized and from which they are accessed. Access to all the development parcels is gained from this street, which runs from the main PDO entry at the intersection with Highway 79 South, opposite Avenida De Missiones, via an internal site traffic circle, to the easternmost boundary of the PDO area. Within the PDO Area, Rancho Pueblo Road terminates at this eastern boundary, but allows for its future extension through the property immediately to the east, and thence, via connection to Dartolo Road, through to Margarita Road north of its intersection with Highway 79 South. The property immediately to the east of the PDO eastern boundary also falls under the Z2 overlay designation and will be required, by the City of Temecula, to have similar development patterns as those established herein and to continue Rancho Pueblo Road to connect across to Dartolo Road. Rancho Pueblo Road then provides, in its fully completed form, a parallel reliever road to Highway 79, for site traffic wishing to enter and leave the site headed to and from Margarita Road and Redhawk Parkway. By far the most dominant element of the PDO is the Rancho-Community Church and Schools site, which occupies the majority of acreage within the PDO. It is accessed via, and located along, Chapel Lane, which itself runs from Highway 79 South at what is presently Constance A, to its intersection with Rancho Pueblo Road at the traffic circle within the PDO area. Chapel Lane then serves as a meandering backbone for the Church and Schools campus, connecting the main buildings and pedestrian spaces with their associated parking areas and site entries. The street will be curvilinear, generally reducing vehicular speeds across the site, particularly adjacent to the school buildings and drop -off zones which are, in turn, appropriately separated and placed close to their respective schools. September 24, 2008 26 Rancho Pueblo Planned Development Overlay (PDO -6) erT I1I11 A I p 11 0 0 0 W i o f <0a 0 W I.o a September 24, 2008 27 C. TRUCK ACCESS D. PEDESTRIAN CIRCULATION Rancho Pueblo Planned Development Overlay (PDO -6) A secondary internal site road extends northerly from Chapel Lane west of its intersection with Rancho Pueblo Road, along the northern site boundary, and terminates again on Chapel Lane to the west of the Campus buildings, providing access and service to the rear portion of the site. New internal site roads named within the Rancho Pueblo PDO are subject to City site plan reviews and approvals. B. ROADWAY DESIGN AND CROSS SECTIONS Design of site roadways adequately accommodates anticipated associated traffic volumes in accordance with the recommendations of the Traffic Impact Analysis. Figure 7 shows the individual roadway sections, while Section 17.22.172.B describes street landscaping details. Trucks requiring access to the PDO predominantly consists of trash pick -up, service and delivery vehicles, with special event and moving vehicles entering on a less frequent basis. Truck access is via the main site entries along Highway 79, at both Rancho Pueblo Road and Chapel Lane, and then, in the case of the Church and Schools campus, from these roads onto a rear service road that loops around the buildings along the northern property line (Figure 6). In the case of the non Church development, individual development parcels and buildings are accessed and serviced from Rancho Pueblo Road through individual site driveways and parking aisles. Clearly defined pedestrian pathways will facilitate pedestrian movement across and throughout the PDO area. Situated along streets and connecting with building areas, these pathways will be a combination of naturally and architecturally shaded walkways, small intimate seating areas, building arcades and connections to building entries, all designed to promote and encourage pedestrian use. Small "gathering" and seating areas will be placed in conjunction with pedestrian pathways either at the intersection of pedestrian pathways with other pathways and roadways, or adjacent to buildings. Locate and design these "gathering" areas in a contemplative, "oasis" style, promoting a restive quality to their use (see Figure 11 in Section 17.22.172.A.3). Main pedestrian access pathways traverse the PDO area, parallel to, and adjoining, Rancho Pueblo Road, and connecting through the Church and School site along Chapel Lane, to the recreation area and the Halcon Rojo Professional Center to the west (see Pedestrian Path on Figure 6). A system of landscaped, pedestrian- friendly, feeder paths will connect the major east west pathways with the Church and School's central gathering place and with all of the associated buildings, parking and recreation areas. They will also connect, through the parking areas, to the individual buildings or groups of buildings along Highway 79 and will be developed as part of individual building sites, also allowing for connection between buildings via the shared landscape areas (see Figure 11 in Section 17.22.172.A.3). September 24, 2008 28 Rancho Pueblo Planned Development Overlay (PDO -6) u. September 24, 2008 29 Pedestrian entry to the PDO Area from the sidewalk along Highway 79 may be provided at each vehicular traffic entry point and at suitable points in between. Additional pedestrian connections will be developed within and between adjacent land uses, and allow for future extension into the development immediately east of the PDO. Internal, site pedestrian pathways may only cross the main entry roadways at the interior intersection of Rancho Pueblo Road and Chapel Lane, and at the intersection of Rancho Pueblo Road and the secondary right in/right -out access road at the eastern site boundary Additional crossings at the intersection of these roads with Highway 79 and within the landscape buffer zone alongside Highway 79 are permissible, but no crossings are permitted in between the Highway 79 landscape buffer zone and the major internal road intersections. Textural and/or colored surface changes will identify all pedestrian roadway crossing points The main pedestrian area in the PDO, the Church and School's central, gathering place, is designed with both hard surface and soft surface landscaping and furniture elements, affording a variety of open and shaded pedestrian environments. Both larger informal outdoor gatherings, such as after Church services, and small, intimate settings for conversation and relaxation will be accommodate in the design; the anticipated future Sanctuary capacity of some 3,500 people must also be accommodated in this gathering place. Access to parking is from Rancho Pueblo Road and secondary site internal roadways using a minimal number of entry points, promoting pedestrian movements along the street -side pedestrian pathways throughout the PDO. E. PARKING Rancho Pueblo Planned Development Overlay (PDO -6) Parking areas will be provided throughout the PDO reasonably close to the use that they serve, with opportunities for shared and reciprocal parking arrangements encouraged to lessen the total amount of land devoted to parking. Along the Highway 79 South frontage and at the rear of the site, where the site abuts existing residential areas, parking will be kept to a minimum. Standard and van- accessible handicapped- accessible parking and bicycle stands will be provided at convenient locations throughout the site, especially adjacent to the School buildings and Worship Center. Access to parking areas is directly from Rancho Pueblo Road, Chapel Lane or the secondary service driveways at points that minimize potential interference with cars traveling on Rancho Pueblo Road and Chapel Lane (see Figures 4 5). Entry roads from Highway 79 South will be designed with circulation and stacking distances in mind, avoiding any potential back -ups and other adverse impacts on the public highway. Internal parking area driveways will provide direct vehicular access in close and obvious proximity to the main building entries that they are serving. Sharing of parking driveways between adjacent land use is encouraged. Soften the impacts of parking areas through use of shade trees and appropriate ground plantings that are integrated with clearly delineated, landscaped, pedestrian pathways, providing people with direct links to the buildings (See Landscape Section 17.22.172.A.4). September 24, 2008 30 2. Trash Parking structures up to two stories above -grade are permitted, provided they are architecturally integrated with the other site buildings, designed to minimize their visual impact, and meet the landscape requirements of the PDO design guidelines. There is no limitation on the number of parking levels allowable below grade. Parking structure faces will be articulated to help reduce the visual impression of the structure. Landscape planter elements will be integrated directly into the architectural design. F. SERVICE FACILITIES Rancho Pueblo Planned Development Overlay (PDO 6) 1. Service, Loading and Delivery Areas Location and orientation of service areas and other loading and delivery facilities will keep visual and noise impact to a minimum. They will be walled and screened from view from outside the site and from major internal pedestrian routes and gathering places within the site. Plantings adjacent to the walls to deter defacement of the walls are encouraged. Location and orientation of trash collection facilities will keep visual and noise impact to a minimum. They will be walled and screened from view from outside the site and from major internal pedestrian routes and gathering places within the site. Walls will be masonry with additional structural elements, such as wooden trellises, used to block view over the walls. Place plantings adjacent to the walls to deter defacement of the walls. Use concrete stress pads in front of enclosures to decrease wear on pavement surfaces. 3.. Storage Outdoor storage is permitted only in areas specifically designed for that use. Fully screen such areas in a manner consistent with service areas. No service, loading or delivery areas may be used for storage. 4. Utility Equipment Utility equipment will be placed in portions of buildings specifically designed for that purpose or placed underground. Where aboveground placement is unavoidable, place equipment in groupings and screen with walls and landscaping consistent with service areas (Landscape Section 17.22.172.A.8, below). 5. Mechanical Equipment Place mechanical equipment only in areas within buildings specifically designed for that use. When unavoidably necessary to place equipment on roofs ensure screening of equipment from off -site views by structures integrally designed to blend into the building design. September 24, 2008 31 17.22.170 RECREATION FACILITIES A. PLAYING FIELDS Layout and design of playing fields will conform to City of Temecula, Parks and Recreation Department standards. Field orientation will account for sun angles, lighting patterns and keeping adjacent residential area impacts to a minimum (see Figure 4). B. HARD- SURFACE PLAY AREAS Rancho Pueblo Planned Development Overlay (PDO -6) In recognition of the Schools' needs for both soft- and hard surfaced play areas, a portion of various parking lots within the Church and Schools site may be utilized as hard- surface play areas. These areas will be coned -off or gated to exclude vehicles when in recreational use. Accordingly, parking areas designated to double as hard-surface play areas will meet special in- lot landscaping requirements allowing for larger, unbroken open areas to accommodate court markings. Additional plantings within island planters and peripheral landscape areas will instead be used to soften views of these hard- surface play areas. Conversely, some areas designated as hard- surface play areas will be alternately used for parking during peak parking periods when not required for recreational use (see Figure 4). September 24, 2008 32 17.22.172 LANDSCAPING Landscaping will be a coordinated design element integrated with, and complementary to, building design. Functioning on both experiential and esthetical levels, landscaping will experientially enhance pedestrian pathway usage by providing shade and a range of textures, patterns, and colors, and aesthetically enhance visual experiences from the interior and exterior of both individual buildings and the entire PDO area. Major landscaping elements, such as trees and monuments, will highlight specific areas within the PDO, with accent trees similarly encouraged as visual clues to peoples' location within the PDO area. A mix of deciduous and evergreen plantings is encouraged to highlight seasonal changes while still maintaining year -round beauty and accent, with attention paid to color, form and scent. All exterior boundaries of the PDO area will be landscaped with multi- storied plantings. Special attention will be given to the interface with the surrounding residential areas where plantings and landscape design will emphasize softening the visual impact of the PDO area from off -site. A. GENERAL, SITE STANDARDS 1. Highway 79 Rancho Pueblo Planned Development Overlay (PDO -6) Buffers along Highway 79 within the PDO area will continue the precedent patterns established by existing and proposed adjacent developments to the east of the PDO area along Highway 79 South, namely a 36 -foot minimum landscape buffer, measuring 20 feet from the property line and 16 feet from the curb to the right -of -way line. Exceptions to this buffer will be for entry signage and monuments at points of access for vehicles and pedestrians, where the buffer incorporates a greater area and depth. Typically, the buffer includes a six-foot wide meandering sidewalk, not less than five feet from the face of the curb along Highway 79 except at and approaching corners (Figures 8 and 9) To address measurable highway and vehicular noise and to promote a quiet, restive ambiance within the Church and School's main areas, a variable two -to -four foot high, shallow- sloped berm (4 -foot maximum height for berm) will be topped with an articulated four -to six foot high wall (6 -foot maximum height for walls/fences along Highway 79 South), to deflect highway noise and screen parking lot views from Highway 79. The berm and wall relative heights are varied for visual interest when experienced from Highway 79 and the wall will have columns at sixty -foot intervals (see Figure 30). However, the combination of berm plus wall or fence height at any point along Highway 79 South shall not exceed eight (8) feet above adjacent street curb grade. Due to the variety and density of landscaping placed on the Highway side of the wall, most of the wall is eventually expected to be obscured from Highway views. September 24, 2008 33 Rancho Pueblo Planned Development Overlay (PDO -6) September 24, 2008 34 Rancho Pueblo Planned Development Overlay (PDO -6) September 24, 2008 BERM AND WALL ALONG HWY 79 W/O PLANTING ELEVATION sate NTS BERM AND WALL ALONG HWY 79 W/ PLANTING ELEVATION sae NTS HIGHWAY 79 BUFFER PLAN VIEW scut rnu' 8' MAXIMUM COMBINEDHEIGHT 18' WIDE COLUMN SPACED 8G O.C. /T -4' VAR STAGGERED WALL Y .4 4 1 Itat: 2' 4'MAX VAR BERM T -4 STAGGERED WALL W/ 18' COLUMNS SCREEN SHRUBS INTERIOR OF SITE 2' 4' HIGH STAGGERED WALL Wpm- COLUMNS BUFFER PLANTING STREET TREES ACCENT PLANTING 8' MEANDERING SIDEWALK S MIN FROM CURS AND TO MEANDER WITH -IN R.O.W. HIGHWAY 79 35 Elsewhere, the buffer will also contain any necessary acceleration and deceleration lanes, bus stops and their associated seating and shelters, as well as corridors for utility structures including, but not limited to, transformers, back -flow devices, and detector checks. Utility equipment placed in the buffer area will, whenever possible, be placed below grade in accordance with Section 17.22.168.F.5. 2. Rear (North) Property Line A nominal 20 -foot buffer along the rear PDO area property line, adjacent to the residential area, will contain plantings and trees to help mitigate off -site visual impacts from parking and buildings in the PDO area (Figure 10). A proposed white, three -rail fence, with integrated chain -link, is placed along this property line for esthetic and safety reasons, due to the proximity of the proposed drainage channel. Plantings, in and around parking areas and adjacent to buildings, will further mitigate off -site views of parking and buildings. Additionally, a 12- foot wide Equestrian trail will be graded to the north of the property line with cooperation of the Los Ranchitos Homeowners Association and the consent of the respective property owners. In areas where the cross -site drainage channel is located the buffer will be reduce in width to five feet, measured from the property line to the top of the channel slope. Plantings may be reduced in areas adjacent to playing fields where visual impacts are at a minimum 3. Shared Mini Plazas 4. Parking Areas Rancho Pueblo Planned Development Overlay (PDO -6) Where possible adjacent development parcels are encouraged to use coordinated designs to provide shared mini- plazas for common use between the sites. Buildings may be grouped closer together and open space combined to achieve these elements. Such mini- plazas will be in reasonable proximity to building entries and will be connected to the system of landscaped pedestrian pathways that traverse the PDO area. Plazas will have shade trees and seating for informal meetings (Figure 11). Parking Lots will include plantings and trees to provide shade and to soften their visual impact, with trees grouped at the end of parking rows, wherever feasible. Large canopy shade trees will also be placed in planter islands at regular intervals within permanent parking lots in accordance with the city standards. Pedestrian pathways should be clearly identified with a variety of plantings, open and trellis- covered walkways (Figure 12), textures and enhanced surfaces. Plantings and features used to screen and soften permanent parking areas will be balanced with maintaining carefully framed building views into and out from the site. Temporary parking lots, to the extent that overall project landscaping requirements have already been met, may not be required to have landscaping within the lot proper. However, effort should be made to soften views of expansive, temporary parking areas by landscaping the perimeter of such lot(s). September 24, 2008 36 z 27 N N 0 u z 0 LLI z Ng z a h 01 Zu K 0 _lit z i. CO 0 F Rancho Pueblo Planned Development Overlay (PDO -6) N o w o Ch a Ch U o N W W w3 A A 44 N 0 0 w Z 0 0 September 24, 2008 37 September 24, 2008 Rancho Pueblo Planned Development Overlay (PDO -6) I V 38 SECTION September.24, 2008 Rancho Pueblo Planned Development Overlay (PDO -6) 12' PEDESTRIAN CORRIDOR PEDESTRIAN CORRIDOR PARKNG AREA Qd F NT$ MEDIAN W/ ENHANCED PAVING PEDESTRIAN CORRIDOR o PARKING AREA PLAN VIEW PARKING ACCENT VRIE ON TRELLIS 8' HIGH TRELLIS W/ 12' 55. COLUMNS 6' WALKWAY 12' MIN. TO FACE OF CURS 8' HIGH ARDOR NE5 39 Rancho Pueblo Planned Development Overlay (PDO -6) 5. Storm Drain Channel A drainage channel, carrying cross -site drainage from areas north of the PDO area to the southwest corner of the PDO area, is located in some areas along the rear and west property lines. Sides and bottom of the channel are covered with a grass mix, except at various important points (channel bends and culvert entries and exits) where rip -rap is used for erosion protection. The channel bottom also contains a concrete channel to control minor irrigation and nuisance (low -flow) run -off. In sensitive locations, such as adjacent to the Church and Schools, an underground concrete culvert pipe replaces the channel. In areas where the channel exists, the rear buffer landscaping is modified to a five -foot strip measured from the property line to the top of the channel slope (Figure 10). 6. Water District Easement on West Property Line Surface of easement will be hydro- seeded with a non irrigated grass mix to mitigate weed growth and potential dust impact. 7. Temporary Ground Cover Undeveloped site areas graded under previous phases and planned for future development will be hydro- seeded with a non irrigated grass mix to mitigate weed growth and potential dust impact. Such hydro seeded areas should be provided with temporary irrigation until such time that the seed mix has germinated and established itself. 8. Equipment and Service Areas Screening Aboveground placements of utility and mechanical equipment, and service areas, will be screened with walls, covers (where appropriate to avoid views down into enclosures), and landscaped in accordance with city standards. B. STREETSCAPES The design of streetscapes provides for clear patterns of ingress and egress, efficient vehicular travel and encourages the safe movement of pedestrian throughout the PDO area. Roadway design will allow for, and integrate, a pleasing pedestrian experience, incorporating both low -level plantings and trees alongside pathways. Landscaping will be used in a hierarchy of plantings to emphasize different locations and uses within the PDO, for instance, one type of street tree for the main thoroughfare, Rancho Pueblo Road, and another for Chapel Lane. Medians greater than a minimum 5 feet clear dimension will be planted with low -level plantings (see Figures 13 through 16 and 18 for street landscape details). September 24, 2008 40 STREET TREES 25' O.C. SPACING LIL4 r HIGHWAY 79 RANCHO PUEBLO ROAD ENTRY PLAN VIEW suite raa Rancho Pueblo Planned Development Overlay (PDO -6) 2 STORY D16DNG ACCENT CAN PY TREE 4' WIDE RAISED TIED/AN W/ ENHANCED PAVING ENTRY SILAGE ACCENT SHRUB AND GROUNCGOVER PLANTING BB' WIDE ERNE ENTRY WITH 4 WIDE RANCHO PUEBLO ROAD ENTRY PERSPECTIVE TURF ACCENT GROUND COVER ACCENT TREES D ✓E qeN w /ENHANCED PAVNG 6' MEANDERING SIDEWALK ENTRANCE SIGNAGE 4' WIDE RAISED MEDIAN W/ ENHANCED PAVING September 24, 2008 41 Rancho Pueblo Planned Development Overlay (PDO -6) RANCHO PUEBLO ROAD SECTION scut Nrs. RANCHO PUEBLO ROAD PLAN VIEW scut ram PARNNG LOT SCREEN SHRUBS BUILDING BUILDING FOUNDATION PLANTING COLUMNAR STREET TREES 20 SETBACK S' SIDEWALK RO.W. LINE PARKING LOT SCREEN SHRUBS ARKING LOT TREES STREET TREES a 1 PER 26 PARKING LOT September 24, 2008 42 STREET TREES 25' O.C. SPACING RANCHO COMMUNITY WAY ENTRY PERSPECRVE ACCENT TURF ACCENT GROUND COVER Rancho Pueblo Planned Development Overlay (PDO -6) ACCENT CANOPY TREES ACCENT SHRUB PLANTING ACCENT CANOPY TREE 4' MEDIAN W/ !MANCE° CONCRETE PAVING ACCENT SNRUS AND GROLAOCOVER ?INNINGS ACCENT TURF Y, Ii 'Pr 4 I '.l1. RANCHO COMMUNITY WAY ENTRY PLAN VIEW SCAM rma G4' WIDE DRIVE ENTRY 12' x 12 x 12 tt011 TOWER W/ 5' X 9' ELECTRON& EIGNACE ON 2 SIDES. 4 CEP PAVNG 0 CIA „er. 6' MEANDERING SIDEWALK 12' X 12' X 12' RICH TOWER W/ 5' X 9' ELECTRONIC SIGNAGE I- DECORATIVE ENTRY PAVING 4 MEDIAN W/ ENHANCED CONCRETE PAVING September 24, 2008 43 September 24, 2008 Rancho Pueblo Planned Development Overlay (PDO -6) A 1 RANCHO COMMUNITY WAY SECTION GROUND COVER ACCENT SHRUB SCREEN SHRUBS COLUMNAR STREET TREES RANCHO COMMUNIT WAY PLAN VIEW SUMraa 48' WIDE STREET MAIN SANCTUARY ACCENT PALM PLANTING A' MAIN SANCTUARY ACCENT PALM PLANTING f4 a y ista e"�s� s¢°' Q /O�Eifr..i ire. it/rod/ /1! /n?iartarestenzeer a� HWY-79 6' MEANDERING SIDEWALK 2' -4' MAX VAR BERM 2' -4' VAR. STAGGERED WALL W/ 18" COLUMNS (WALL AND BERM COMBINED 8' MAX HEIGHT 44 September 24, 2008 Rancho Pueblo Planned Development Overlay (PDO -6) J 2e9\-Y- RANCHO COMMUNITY CHURCH SIGN PERSPECTIVE swe NTS as i RANCHO COMMUNITY CHURCH SIGN PLAN VIEW 1CNEYHV ACCENT TREES ENTRY SIGNAGE ACCENT GROUNDCOVER AND SHRUB PLANTING INTERIOR OF SITE -4' HIGH STAGGERED WALL W/ US' COLUMNS (WALL BBERM COMBINED HEIGHT B' MAX.) BUFFER PANTING SIGNAGE ACCENT GROUND COVER B' MEANDERING SIDEWALK 5' MIN FROM CURB AND TO MEANDER WRH.N R.O.W. HIGHWAY 79 ACCENT TREES STREET TREES ACCENT PLANTING 45 Rancho Pueblo Planned Development Overlay (PDO -6) HALCON ROJO PROFESSIONAL CENTER ENTRY PERSPECTIVE ACCENT CANOPY TRH HA CEN ROTO ENTRY MANAGES ACCENT 6CHWBAW ROYNOCOYER PLATIN65 HIGHWAY T9 TURF HALCON ROZO ENTRACE &ESN ACCENT GROUND COYER ACCENT TREES LID' WIDE DRIVE ENTRY HALCON ROJO PROFESSIONAL CENTER ENTRY PLAN VIEW September 24, 2008 46 C. ENTRY FEATURES D. PLAZAS DESIGNS ELEMENTS Rancho Pueblo Planned Development Overlay (PDO -6) Coordinate landscape design for site entries with architectural features such as lighting, signage, monuments and berm. Use easily identifiable sub palettes to indicate the differing, hierarchical importance of the various entries, but include some elements that are commonly identifiable to the entire PDO area. Plant appropriate accent ground cover at the bases of all monuments and signage. (See Figures 13, 15, 17, and 18 for landscape entry details). A hierarchy of pedestrian- oriented plazas will be used throughout the PDO area. Plaza areas will be designed at a scale proportionate to their potential capacity to avoid the appearance of barren, uninhibited spaces, using various elements such as trees, fountains and landscaped planters to creatively dissipate the large groups into smaller components. Use structural landscape elements such as seating, low walls, arbors and trellises, throughout the site at appropriate locations to encourage rest and contemplation. A valuable element will be the inclusion of shaded, seating areas to provide for outdoor, informal meetings and lunch venues, and, in the Church and School site, to encourage fellowship before and after both worship services and during the school day. Large plazas, such as the Church's central gathering place, will receive particular care and will be designed with both hard- surface and soft surface areas accommodating activities such as resting, gathering, traversing and building ingress and egress. Additionally, such large plazas need to account for the gathering and movement of large groups of people, such as the projected 3,500 churchgoers attending services at the proposed Worship Center, which will implicitly necessitate the use of fairly substantial paved areas. Larger specimen trees will be the focus of the gathering place planted in conjunction with smaller scale plantings to highlight various users of the gathering place (Figure 19). E. PAVEMENT FINISHES Pavement finishes for similar uses will, whenever possible, be consistent and uniform throughout the PDO area. Employ site- and project specific treatments only at site specific Locations such as mini plazas, crosswalks and roadway entries as a means of highlighting the different site elements within the PDO. F. CITY STANDARDS Design and construction of all facilities within the PDO area will conform to the design guidelines contained in this PDO. However, where not particularly specified herein, city standards will be used. September 24, 2008 47 September 24, 2008 Rancho ,Pueblo Planned Development Overlay (PDO -6) 4010 i. ogro ^gym lyto Z 48 G. PLANT PALETTE Rancho Pueblo Planned Development Overlay (PDO -6) A hierarchy of plants selected from the Rancho Pueblo Plant Palette (Table 17.22.172), as derived from the City Wide Design Guidelines, will be used to provide variety in conjunction with the varying usage of the different landscaped elements. Project- specific plant palettes must be integrated throughout the Rancho Pueblo PDO, but with allowances made to subtly distinguish one project from the next through changed emphases on grouped plantings. Street Tree Highway 79 Botanical Name Platanus acerifolia Schinus molle Table 17.22.172 RANCHO PUEBLO PLANT PALETTE Street Tree Rancho Pueblo Drive, Botanical Name Platanus acerifolia Major Entry Tree and Accent Tree Botanical Name Arbutus unedo Arecastrum romanzoffianum Jacaranda mimosifolia Phoenix dactylifera Parking Lot Canopy Tree Botanical Name Chitalpa `Pink Dawn" Tipuana tipu Koelrueteria bipinnata Podocarpus gracilior Ulmus parvifolia Parking Lot Accent Tree Botanical Name Koelrueteria bipinnata Jacaranda mimosifolia Magnolia grandiflora Prunus `Krauter Vesuvius' Pyrus Kawakamii Common Name Plane Tree California Pepper Chapel Lane Common Name Plane Tree Common Name Dwarf Strawberry Tree Queen Palm Jacaranda Date Palm Common Name Chitalpa Tipu Tree Chinese Flame Tree Fern Pine Evergreen Elm Common Name Chinese Flame Tree Jacaranda Bull Bay Purple Leaf Plum Evergreen Pear September 24, 2008 49 Rancho Pueblo Planned Development Overlay (PD0-6) Table 17.22.172 RANCHO PUEBLO PLANT PALETTE (con 't) Plaza Tree Botanical Name Arecastrum romanzoffianum Cassia leptophylla Eriobotrya deflexa Jacaranda mimosifolia Phoenix dactylifera Prunus `Krauter Vesuvius' Pyrus Kawakamii Washingtonia Robusta Background Screen Tree Botanical Name Podocarpus gracilior Laurus nobilis Screen Shrubs Botanical Name Grevillia noellii Ligustrum j. `Texanum' Phorium tenax Photinia fraseri Rhaphiolepis indica Virburnum suspensum Ornamental Shrubs Botanical Name Abelia `Edward Goucher' Arbutus `compacta' Asplendium bulbiferum Carissa species Clivia miniata Cotoneaster species Dietes bicolor Grevillia Noellii Heteromeles arbutifolia Ligustrum j.. `Texanum' Phorium tenax Photinia fraseri Pittosporum species Rhaphiolepis indica Viburnum suspensum Common Name Queen Palm Gold Medallion Tree Bronze Loquat Jacaranda Date Palm Purple Leaf Plum Evergreen Pear Mexican Fan Palm Common Name Fern Pine Sweet Bay Common Name Grevillia Texas Privet Flax Photinia Indian Hawthorne Sandankwa Viburnum Common Name Abelia Dwarf Strawberry Tree Mother Fem Natal Plum Kafir Lily Cotoneaster Fortnight lily Grevillia Toyon Texas Privet Flax Photinia Tobira Indian Hawthorne Sandankwa Viburnum September 24, 2008 50 Groundeovers Vines Botanical Name Agapanthus africanus Delosprema `Alba' Hemerocallis hybrids Myoporum species Pelargonium pelatum Rosmarinus `Prostratus' Trachelospremum jasiniodes Verbena peruviana Table 17.22.172 RANCHO PUEBLO PLANT PALETTE (con't) Vines Botanical Name Disdictis buccinatoria Parthenocissis tricuspidata Hardenbergia violacea Rancho Pueblo Planned Development Overlay (PD0-6) Turf Grass Common Name Dwarf Medalion Tall Fescue Blend Hybrid Bermuda Grass (GN -1 by Pacific Sod Company, or equal) Common Name Lily of the Nile White Ice Plant Day Lilies Prostrate Myoporum Ivy Geranium Prostrate Rosemary Star Jasmine Verbena Common Name Blood Red Trumpet Vine Boston Ivy Happy Wanderer Located at all non -sports field areas Located at all sports field areas September 24, 2008 51 Rancho Pueblo Planned Development Overlay (PDO -6) 17.22.174 INFRASTRUCTURE AND DEVELOPMENT PHASING Development of Rancho Pueblo is expected to take place over a number of years, reflecting the congregational growth in the Church and market demand for professional and commercial facilities in the area. While each component of the Rancho Pueblo project may be developed separately, they will do so under the guidelines developed herein and, when needed, the City Wide Design Guidelines. Development may proceed sequentially or concurrently, with each portion contributing piece -by -piece to the overall vision, acting as a microcosm of the way in which a well planned city develops. Construction of the planned first phase of buildings will begin immediately following initial site grading. The development schedule for the Church and School site is currently planned in five phases. The initial phase is the most extensive, including construction of the Family Life Center /Interim Sanctuary, Chapel, Preschool/Elementary school complex, the first phase of the Administration building, east and west Sports Fields with the associated western Storage building, and construction of two groupings of temporary, modular buildings (`A' and `B') at the rear and front of the site, respectively. Phase Two, includes construction of the Adult Education building, the first phase of the Elementary School, the second phase of the Administration building, and the eastern Field House and an additional Storage building. The third phase of the Church and School site commences with the removal of the rear (`A'), temporary, modular buildings and progresses to the addition of the High School building, first phase of the Gymnasium, completion of the Elementary School and the fmal Storage building Phase Four, begins with removal of the remaining, front -most (`B') temporary modular buildings and continues with the construction of the Middle School and completion of phase two of the Gymnasium. The fifth, and fmal, phase involves construction of the Worship Center and the necessary, associated, Parking Structure. A high degree of flexibility is designed into the Church project to allow for possible alternative building phasing if the need arises. Should funds be available or needs arise earlier than initially planned, later phases of the Church's development may be accelerated. It is expected that, in contrast to the Church and Schools site, the Professional Center areas to the east and west of the site will develop reasonably quickly in accordance with market dictates. The expected first phase will be construction of the self storage facility at the rear of the eastern site followed by the Professional Office on the eastern site, with the fmal phase being the Medical Office buildings on the western site. Similar to the Church portion of Rancho Pueblo, these areas have a great deal of flexibility allowed in their design to incorporate the diversity of uses permitted. Initial development within the PDO Area shall include the installation of all improvements on both sides of Rancho Pueblo Road from its intersection with SR -79 South to its intersection with Chapel Lane. This includes curbs, sidewalks, and landscape planting design and installation on both sides of the street (for a minimum of 16 feet from the face of curb) and both corner entry statements of Rancho Pueblo at SR -79 South. September 24, 2008 52 A. UTILITIES Rancho Pueblo Planned Development Overlay (PDO -6) Major infrastructure needs within the PDO area will be planned at one time and designed for construction in a manner that will serve both initial and long -term build -out needs. Backbone corridors will be planned and set forth, within dedicated public streets or easements where appropriate, and delineated in concert with the appropriate utility district or other utility purveyor. B. GRADING AND DRAINAGE It is anticipated that, at the time of adoption of this PDO, site grading and associated drainage will occur in a single phase (Figures 20 and 21). Site grading is expected to be one percent minimum fall, with on -site and through -site drainage accommodated in a combination of street storm drains, culverts and overland channels. September 24, 2008 53 Rancho Pueblo Planned Development Overlay (PDO -6) September 24, 2008 54 Rancho Pueblo Planned Development Overlay (PDO -6) September 24, 2008 55 17.22.176 DESIGN GUIDELINES A. ARCHITECTURAL STATEMENT Rancho Pueblo Planned Development Overlay (PD0-6) The Rancho Pueblo PDO architecture, reflecting its Spanish American heritage, is characterized by understated elegance and simplicity incorporating the careful use of details to enhance its attractiveness and function. The challenge confronting designers is to develop an architectural design that captures the charm and quality of that heritage, while meeting the needs of enclosing a variety of uses. Design buildings as part of an overall site architectural esthetic, established throughout the PDO, wherein the central Church and Schools site and the Professional Centers to the east and west, are complimentary in design. The buildings will be primarily one -story and two -story structures to complement the residential scale of the surrounding areas. The Worship Center will be the primary feature of the site as well as for the surrounding area, becoming a feature symbol for the entire site and the neighborhood. Its derivative, Spanish American heritage design will provide identity, a sense of character and also provide a positive visual enhancement to the image of the City of Temecula. It is a large- footprint building that employs architectural elements derived from a Spanish American aesthetic, in conjunction with stepped sides, to minimize its volumetric impact. The City, as part of their review of development proposals, will consider these Rancho Pueblo PDO guidelines as examples in determining the acceptability of architectural plans and site plan review applications. The City will encourage innovation and imagination in architectural and site design while retaining a clear and defined connection to the fundamental elements of the overall Rancho Pueblo architectural style. All building structures within the PDO area will have, to varying degree, some or much of the architectural treatments and features illustrated on the pages that follow. In particular, the basic building design elements are illustrated in Figure 22 and 22a -c; the use of such architectural elements will be consistent with the architectural style of the building. Architectural designs will incorporate an appropriate variety of qualities including compatibility with adjoining buildings, intimacy of space, layering of views, accent landscaping, richness of materials, play of lights, and appropriateness of rooflines. Where feasible, entries will be oriented toward plazas, courtyards and not directly off parking lots. 1. Form and Scale To blend more closely with the adjacent residential neighborhood, design building masses with sufficient articulation to break up larger building volumes to promote a smaller, more human scale. Facades will be broken up with offsets, fenestration and other articulations to avoid long unbroken walls No massive, box -type structures with unbroken facades and long continuous forms are permitted, excepting parking structures, which, by their nature are rigid in their design footprints and mass. In the case of parking structures significant efforts will be made to mitigate its form and size (see Section A.5 and Figures 22d -g). September 24, 2008 56 September 24, 2008 Parapet W/Precast Conc. Cornice (not foam) Rancho Pueblo Planned Development Overlay (PDO -6) Parapet W/Plant -On, 2 Step, Stucco Cornice Mission 5 The Roof W/Plant-On 2 step, Stucco Fascia II g a s in i t c -i llm >u® .dam I i��ralia� �t+P' it a3. Column W/Plan[Ort. Splitface Veneer Al mmmn 2 Step, Stucco Cap Wainscotlnb Storefront Splitface Veneer Base Typ. Throughout W /Greylite 14 Primary Entries Plant-On 2 Step, Stucco Bases Elseware 1. Skip Trowel Stucco Throughout 2. Mission 5 T;le Tema Cotta Blend Planned Development Overlay PA01 -0522 Exterior Architectural Aesthetics Figure 22 57 Rancho Pueblo Planned Development Overlay (PDO -6) Vertical Architectural Massing at Entries Ideality Recessed in Skip Trowel Stucco or Precast Conc. Segments Type Follows Segmental Arch 1. Skip Trowel Stucco Throughout 2. Mission S Tile Terra Cotta Blend Planned Development Overlay PA01 -0522 Exterior Architectural Aesthetic Figure 22 a September 24, 2008 58 Rancho Pueblo Planned Development Overlay (PDO -6) PRECAST CONCRETE FLOOR BREAK VARIATION OF WINDOW SIZE ED£51GN Planned Development Overlay PAOI -0522 Exterior Architectural Aesthetics Figure 22b September 24, 2008 59 Rancho Pueblo Planned Development Overlay (PDO -6) Planned Development Overlay PA01 -0522 Exterior Architectural Aesthetics Figure 22c September 24, 2008 60 September 24, 2008 Rancho Pueblo Planned Development Overlay (PDO -6) Stair Tower Elevation Beyond Portions of Top Level set back 20' from lower levels on Hwy 79 Frontage i I -1 11 =i i 1 -i 1 i -11 i -I -1 I III ill -1114 I i III lit_ 111- 111-:' it 1- I ts- 1 -11 71 1 11-E III= I FIL H IIH H6 111 F L IE HIEH I rilt Hi 11-11_11E11 Ili-FL-ill IiIn! Planned Development Overlay PA01 -0522 Exterior Architectural Aesthetics Figure 22d 61 Rancho Pueblo Planned Development Overlay (PDO -6) Planned Development Overlay PA01 -0522 Parking Structure Perspective View Key Figure 22e September 24, 2008 62 Rancho Pueblo Planned Development Overlay (PDO -6) N I- X z it O d m m 2 re G" Z o Q Z l re Y re 1- m I )1 1 Planned Devfdpment Overlay PA01 -0522 Parking Struatut'e Perspective Figure 22f September 24, 2008 63 September 24, 2008 Rancho Pueblo Planned Development Overlay (PDO -6) Planned Development Overlay PA01 -0522 Parking Structure Perspective Figure 22g 64 Rancho Pueblo Planned Development Overlay (PDO -6) While all buildings in the Church and Schools project area are limited to two stories, it is recognized that religious worship spaces, similar to concert performance halls, tend to be loftier structures with enhanced interior volume. Nevertheless, the Family Life Center, serving as the initial worship space, and the proposed future, new Worship Center, will not exceed 45 feet, which is well below the current Professional Office zoning height limit at this site of 75 feet. To the degree that is practically possible, and especially within the Church and School's site, buildings will be designed with a general scale and texture that compliments existing development both within the City in general, and, more specifically, within the surrounding residential areas. To further mitigate potential impacts of the larger footprint buildings, the other, mostly one- and two -story site buildings will be aesthetically designed to coordinate with the design of the Worship Center, with a hierarchy of building scales, stepping down from the Worship Center to the perimeter of the site. 2. Complexity and Unity Within the context of an overall PDO area architectural theme, varying building forms and rooflines are encouraged, with facades variegated with returns, fenestration and other building elements, such as towers and building entries. Include, similar architectural elements, as outlined below, to unify further the building design across the PDO area. Tower structures and specific entry designs will be used to accent important features of the site. 3. Architectural Elements a) Building Entries Entries to buildings and lower floors will be of a scale that matches and encourages pedestrian movement and use. Differentiate primary and secondary entrances clearly as indicated in Figures 23, 24, 25 and 25a. Along lower portions of building facades, use of arcades designed integral to pedestrian pathways is encouraged (see also, landscape design illustrations in Section 17.22.172). b) Building elements (Parapets, cornices, stairs) Parapets and cornices will be designed in accordance with Figure 22 and 22a -c. Staircases will be integrated into the overall pedestrian traffic pattem and will be consistent in their mass and design with the buildings style. September 24, 2008 65 Rancho Pueblo Planned Development Overlay (PDO -6) LOGO, WINDOW FEATURE OR TENANT 51GNPGE LOGO, WINDOW FEATURE OR TENANT 5IGNAGE LOGO, WINDOW FEATURE 'P TENANT 5IGNAGE Planned Development Overlay PA01 -0522 Typical Entrance Detail Figure 23 September 24, 2008 66 Rancho Pueblo Planned Development Overlay (PDO -6) Planned Deve opment Overlay PA01 0522 Secondary Entry/Exit Cover A Figure 24 Planned Development Overlay PA01 -0522 Secondary Entry/Exit Cover B Figure 24a September 24, 2008 67 Splitface Veneer Wainscoting Typ. Throughout Rancho Pueblo Planned Development Overlay (PDO -6) ilAJERUSOMISIII Tint Aluminum Storefront W /Greylite 14 Min. 4x4 Rough Sawn Members Sq. Cut Ends Double Supporting Beams 24 Overhang Special Cut At Ends Precast Concrete Modular Column Planned Development Overlay PA01 -0522 Exterior Secondary Entry/Exit Covers Figure 25 September 24, 2008 68 Rancho Pueblo Planned Development Overlay (PDO -6) Double Supporting Beams 24" Overhang Special Cut At Ends SplitfaceVeneer 2 Yp. PSA Min. 4x4 Rough Sawn Members Sq. Cut Ends 'Athinin Storefront W /Greylite 14 Enhanced Paving Precast Concrete Modular Column Planned Development Overlay PA01 -0522 Exterior Secondary Entry/Exit Covers Figure 25 a September 24, 2008 69 c) Roofs Rancho Pueblo Planned Development Overlay (PDO -6) Varying rooflines and complete full roof structures are encouraged, although, where views do not extend onto roof surfaces, a mansard -type treatment may be used. Rooflines and roof materials will be appropriate to the architectural style, including the use wherever feasible of two -piece terra cotta tile, as indicated in Figure 22 and 22a -c. d) Arcades, Colonnades, Balconies Arcades are encouraged, in particular, due to their pedestrian function and association with the proposed predominant architectural style of the PDO. Figure 26, shows characteristic colonnade details. Balconies will be designed so that they are functional and located so that they do not infringe on the privacy of neighboring properties. e) Window, Doors, Wall Openings Window shape and detailing will be consistent with traditional Spanish American heritage design. They will be proportionate to the wall mass, in which they are situated, and include appropriate material treatment that is consistent with the building style. Figure 27 illustrates window and entry covers, including sloped and flat exterior shade coverings; the latter are more characteristic of garden and plaza areas, and are well scaled for secondary entrances (see also Figure 27a). Design doors to complement the architectural style, using wood, molding, hinges, doorknobs, and doorknockers appropriate to the Spanish American heritage (see Figure 22c). 4. Materials and Finishes Appropriate materials to the architecture can include wrought iron, stucco or board -on- board. Material sample boards will be attached to individual site specific plan applications. 5. Parking Structures Design parking structures to allow incorporation of building facades, tower elements, and other features that will promote a tie -in with the overall Spanish American design theme; upper level decks to setback 20 feet along the Highway 79 frontage (see Figure 22d) Exterior building finishes, false window and wall treatments will also reflect the architectural design treatments on adjacent structures. Place structures to minimize their intrusion in public views, especially from the Los Ranchitos residential areas north of the PDO Area. Graduated landscape screening materials will be used to soften the structure's overall appearance, with taller trees and planted materials serving to break up building lines. Consider trailing vines, climbing vines, and other exterior wall surface plantings, where practicable. September 24, 2008 70 Column W/P ant -On, 2 Step, Stucco Cap Plant -On 2 Step, Stucco Bases Rancho Pueblo Planned Development Overlay (PDO -6) Splitface Veneer Wainscoting Typ. Throughout Mission S Tile Roof W/Plant -On2 step, Stucco Fascia Aluminum Segmental Arches Storefront TSP. W /Greylim 14 t. Skip Trowel Stucco Throughout 2. Mission S Tile Terra Cons Blend Planned Development Overlay PA01 -0522 Exterior Colonnade Figure 26 September 24, 2008 71 September 24, 2008 Rancho Pueblo Planned Development Overlay (PDO -6) Double Supporting Beasts 24 Overhang Special Cut At Ends Min. 4x4 Rough Sawn Members Sq. Cut Ends i ace Vencer Wainscoting Typ. Throughout Aluminum Precast Concrete Storefront Modular Column W /Greylite 14 Planned Development Overlay PA01 -0522 Exterior Sloped Window Shade Covers Figure 27 72 5/6' TYPE 'X' GWB 4X HOOD TRIM 4 X WOOD TRIM Rancho Pueblo Planned Development Overlay (PDO 6) GLAZING PER SCHEDULE WINDOW FRAME SET IN CONT. BEAD SILICONE SEALANT WOOD CANT DOUBLE PLATE 7/8" STUCCO HDR PER FRAMING PLAN SACKER ROD AND SEALANT SHIM AS REQUIRED NAIL -ON WINDOW WITH STOREFRONT PROFILE G. I. FLASHING BULLNOSE MASONRY SILL COPING SET IN EPDXY GROUT BACKER ROD AND SEALANT 7/8" STUCCO Planned Development Overlay PA01 -0522 Window Detail Figure 27a September 24, 2008 73 6. Drive -Thru Drive -thru establishments, as permitted in the Land Use Matrix for the PDO, will be designed in accordance with city standards. B. ACCENT ELEMENTS 1. Paving, Plazas and Walkways Plazas and connecting pedestrian walkways shall be designed as part of an overall PDO area network. Structural landscape elements such as seating, low walls, arbors and trellises will be incorporated throughout, at appropriate locations, to encourage rest and contemplation, as illustrated in Figure 11. 2. Site Furniture Design and place outdoor furniture, integrated with, and complimentary to, the architectural style, throughout the site, to encourage informal seating and gathering; be especially cognizant of the need for informal lunchtime eating areas. Coordinate placement with provision of landscaped and architecturally shaded areas. Examples of appropriate seating are illustrated in Figure 28. 3. Fountains Fountains of various sizes, and designed complimentary to the architectural style, are encouraged at various locations throughout the PDO area. Fountains will be used to highlight entries, help mask exterior site noise intrusion close to Highway 79, and to break -up larger paved and plaza areas. An example of an appropriate fountain is illustrated in Figure 29. 4. Raised Planters Rancho Pueblo Planned Development Overlay (PDO -6) Use raised and curbed planters to protect plantings from foot traffic, where appropriate and where site grades lend themselves to such elements. In some cases elaborate and expand planters into seating areas as appropriate, and as illustrated in Figure 28. September 24, 2008 74 Rancho Pueblo Planned Development Overlay (PDO -6) BJLLN05E 12" JUMBO BRICK 1 "THICK CLAY PAVERS 4" PATIO 14/0X6 IOGA WIRE MESH 5440 PALM BENOH R -3' 2 R =4' 7 LEVEL 1 PLANTER ERILIANT FLORAL 1 COLOR LEVEL 2 PLANTER BRILIANT FLORAL I COLOR ACCENT TO LEVEL 1 SECTION ELEV #4 CONTINOU5 --I I/2" DIA. 5CHEO.. 40 PVC GRAIN 6' 0.6 B X 8 16 BLOCK W /114 VERT. 32" O.C. N/ OPEN HEAD JT5 FOR DRAINAGE Planned Development Overlay PA01 -0522 Typical Planter/Integrated Seat Figure 28 September 24, 2008 75 Rancho Pueblo Planned Development Overlay (PDO -6) w 0 0 Q G� g 0 w He olll Z w G 5 a 0o September 24, 2008 76 Rancho Pueblo Planned Development Overlay (PDO -6) 0 September 24, 2008 77 C. WALLS AND FENCES Integrate fences and walls into the overall PDO area thematic design, so that they provide a sense of definition and are consistent with the architectural style. 1. Masonry Stucco Use stucco- covered masonry walls atop the berm running within the Highway 79 buffer as detailed in Figure 30. 2. Three Rail Along the rear and west property lines, use white, three -rail fencing with incorporated chain -link, as indicated and detailed in Figure 31. 3. Chain -Link D. LIGHTING Rancho Pueblo Planned Development Overlay (PDO -6) Free standing chain -link fencing is not permitted, except along the Water District and Southern California Edison easements on the west property line, if existing or as required by the respective agencies for safety purposes. All such fencing will have screening landscaping planted immediately adjacent along its entire length, except at necessary gate locations. Rancho Pueblo contains a wide range of land uses, necessitating use of varied lighting types across the PDO area. These include streetlights, parking lot standards, walkway and low level security lighting, wall wash and accent fixtures, and other specialty lighting. While recognizing the differing lighting requirements for the various uses, a common design theme, in keeping with the overall Spanish American derivative style of the PDO, will provide for as much uniformity of lighting design as possible. Keep adverse impacts of lighting to a minimum, with especial care to the prevention of light spillage over adjacent properties and screening of visible bright—light sources from view from adjacent residential areas and from Highway 79. Additionally, use selective sub -area switching to keep night lighting to the minimum required for any given set of uses. Specify lighting placements as part of Site Development Plan submittals. Where appropriate, manufacturer's samples, cut sheets, or brochures will be included to illustrate equivalent style and forms. Provide photometrics for any lighting planned for light- sensitive areas, e.g., sports fields near residential use and highway- adjacent lighting next to State roadways. Typical lighting information and fixtures are shown in Figure 32a through 32d. September 24, 2008 78 Rancho Pueblo Planned Development Overlay (PDO -6) a ma iu C am (o September 24, 2008 79 Rancho Pueblo Planned Development Overlay (PDO -6) September 24, 2008 80 Design Features Specification Guide VK 11 September 24, 2008 Rancho Pueblo Planned Development Overlay (PDO -6) VK 1100 Series lumilite Housing: The heavy duty spun aluminum shroud is welded to the 8" diameter extruded aluminum thorax and sealed to prevent water entry The top cap seals ballast compartment and is removable for accessing ballast by three (3) stainless steel fasteners. Dome Cap: The rugged hydroformed aluminum cap with a hemispherical shape rests on the cast aluminum ring welded to the extruded thorax. Cap is gasketed to prevent water or insect entry. Door Assembly: Spun aluminum frame secures dear tempered glass lens Frame is gasketed and secured to housing with tamper resistant stainless steel fasteners. Optical Assembly: Hydroformed reflector is secured in housing and provides and IES type III distribution. Mounting Bracket: Extruded aluminum arm assembly with decorative support is welded to luminaire dome cap. Assembly is secured to pole with stainless steel fasteners. Ballast/lamp Assembly: Ballast are high power factor and suitable for -20°F operation. The ballast is mounted in the thorax and is secured with two (2) screws. Lamp socket shall be porcelain medium base pulse-rated and mounted to reflector Finish: Polyester powder coating on all metal parts. Color to be specified. Listing: Luminaire is ETL listed for wet locations. Series: Wattage /Lamp, Volts Options Fini 50w /HPS 05S 70w /HPS 07S I00w /HPS 10S 150w /HPS 155 70w /MH 071 100w /MH 10H 175w /MH 17H 120 208 240 277 480 Example: 100 Watt Metal Halide. 120 Volts, Single Fuse, Bronze VK 111 OH 120/1 F/BZ 1F= Single Fuse 2F= Double Fuse PH Button Cell WM= Wall Mount 2A= Twin Arm 3A= Triple Arm BZ B`.: =ze WH iNhee SL Silver CC Custom Color Figure 32a Planned Development Overlay PA01 -0522 Parking Lot Driveway Lighting 81 September 24, 2008 Rancho Pueblo Planned Development Overlay (PDO -6) 902 LAMPS 1 BALLASTS Incandescent: 1 100W max (A -19). Fluorescent: 1 compact 26W (F26TTT), or 1 compact 42W (F42TTT). H.I.D.: 1- 50W or 70W metal halide, or 1- 50W or 70W high pressure sodium. (ED17, medium base). Specify voltage. Incandescent available 120V ony. For H.I.D., ballasts are High Power Factor (HPF) thermally protected and outdoor rated. For fluorescent, Electronic Ballasts (SSB) are standard. 4 -pin lamps required. See "Ballasts" and "Lamps" in Section G. Lamps by others. See "User Guide" for Information on starting temperatures of fluorescent fixtures. MATERIALS 1 FIXTURE LOCATION U.L. listed for wet location. Hood, support arms and post are solid copper. Fixture body and mounting base are Sand Cast Bronze. FINISHES Diffuser: Clear Glass, inside sanded. Base Body: Sand Cast Bronze (weathers to a dark patina). Hood, Arms, Post; NCP Natural Copper (weathers to a dark patina). VG Verdi -Gris CC Custom Color, Semi -Gloss MOUNTING Overall bollard height is 38" standard. Specify other, (ex: 28 "OA). Post is wireway; wire is made up below removable head. Conduit enters at center of base plate. Anchor bolts and template are supplied with fixture. BOLLARD Cast base is standard mounting, supplied with anchor bolts and template. Figure 32b Planned Development Overlay PA01 -0522 Walkway, Plaza Parlcing Deck Lighting 82 Design Features Specification Guide VK -7 September 24, 2008 Rancho Pueblo Planned Development Overlay (PDO -6) VK -700 Series lumilite Housing: The heavy duty spun aluminum shroud is welded to a cast aluminum ring. Three 1/4" blue acrylic disks with luminous edges are machined to securely fit between each ring. Three rods bolt the cast rings and accent disks to the shroud with satin spacers and are capped with decorative stainless steel acorn nuts. Dome Cap: The rugged hydroformed aluminum cap with a hemispherical shape is secured to the cast aluminum ring with 3 stainless steel fasteners. Dome is gasketed to prevent water or insect entry. Enclosure: An 8" diameter seamless white "DR" acrylic enclosure is gasketed and secured to a cast ring welded in shroud with two thumb screws: Mounting Bracket: A 2 diameter extruded aluminum arm with 12" radius bend is welded to cast back plate. Arm slips over the tenon on cap and is secured with 3 stainless steel fasteners. A heavy duty steel zinc plated bracket mounts to the 1 -Box and wall surface and is attached to the inside of cast plate with two stainless steel fasteners. Dircet mount to pole is optional. "PM" Ballast /Lamp Assembly: All ballast shall be high power factor and suitable for -20° F operation. The ballast is mounted in the thorax and is secured with two screws. Lamp sockets shall be porcelain medium base pulse -rated and mounted to housing. Finish: Polyester powder coating on all metal parts. Color to be specified. Listing: Luminaire is ETL listed for wet locations. Series Wattage /Lamp Volts Options Finish 50w /HPS =05S 70w /HPS -07S 100w /HPS -105 70w /MH =07H 100w /MH -10H 120 208 240 277 480 1F Srigle Fuse 2F -Double Fuse PH-Button Cell PM =Pole Mount 8Z- Bronze BK =Blare WH white SL- Silver CC °Custom Color Example: 100 Watt. Metal Halide. 120 Volts. Single Fl SP Rrnm• VK- 7101-1- 120/1F/BZ Planned Development Overlay PA01 -0522 Wall Mounted Lighting Figure 32c 83 Rancho Pueblo Planned Development Overlay (PDO -6) Light Structure 2'" Enhanced product, unprecedented 10 -year warranty Light Structure 2' builds on the success of Musco's Light- Structure System 'making the industry leading sports lighting system even better. And now with 10 Club Service. our comprehensive product assurance warranty Musco provides all parts and labor to maintain it for the next ten years. Building on proven product performance In 1991, Musco introduced the Light Structure System; the first complete sports-lighting system designed and manufactured from foundation-to-poletop in 5 Easy Pieces" Engineered to be easy to buy, install and operate, the system provided major advantages in environmental light control, energy efficiency, durability, safety and cost effectiveness. Even the best engineered laboratory test is not a substitute for the real world, so Musco's Product Performance Team travels the U.S. and Canada, inspecting our sports- lighting systems on -site to ensure they are performing for our customers. To date, we've inspected close to 50% of all existing Light-Structure Systems. We're so confldent in Light Structure 2's reliability, we'll maintain it far the next to years On -site inspections confirm the outstanding performance of our lighting system in the field, and helps us identify product enhancements to make Light Structure 2 even more durable. In talking with our customers, we've also learned that budget cuts and overbooked schedules make arranging for routine maintenance a challenge. To meet our customers' needs, we've developed 10 Club Service., a comprehensive warranty and maintenance program providing all parts and labor, including a group lamp replacement to maintain operation of your Light- Structure 2 system for the next 10 years, guaranteed. A program so sound, It's Insured More than just a promise, Musco's 10 Club Service is underwritten by a top -rated insurance company. After an independent review of our outstanding product performance and service record, the Steadfast Insurance Company further insures Musco will provide comprehensive 10 Club Service for the full 10 years. You won't find this added assurance anyplace else in the sports lighting marketplace. Imagine, worry free lighting season after season for you, your facility, your community for the next 10 years. Masco's product and service assurance We Make It Happen. Planned Development Overlay PA01 0522 Sports Field Lighting Figure 32d September 24, 2008 5 Easy Pieces The Light-Structure 2 system Is designed and manufactured from toundation-to- poleiop to make your sports- lighting projects simple, safe, and cest-effective Paletop Luminaire Assembly Precast Concrete Base Wire Harness Electrical Components Enclosure Galvanized Steel Pole 84 For parking structures, limit exterior wall -wash lighting, while providing outside lighting primarily for vehicular and pedestrian entrances (no wall packs), and low -level interior security lighting. Also, limit the height of lights on top level by using bollard -style fixtures, as shown in Figure 32b, and require glare shielding to confine light to top level and avoid light spillage off site. Rancho Pueblo Planned Development Overlay (PDO -6) 1. Streets and Parking Areas Street and parking lot lighting will be the minimum feasible height, and in no case greater that twenty feet high. Provide fixtures with cut -off hoods to direct light only horizontally and downward, using fixtures as shown in Figure 32a. 2. Pedestrian and Wall Mounted A combination of bollard -style lighting (as shown in Figure 32b) and wall mounted fixtures (as shown in Figure 32c) will be used throughout the site, for pedestrian areas. Higher, standard -type lighting may be used in lieu, in certain cases where low -level night, security and wall -wash lighting is not feasible. 3. Accent Use accent lighting and specialized techniques to enhance the after -dark image of the PDO area, particularly entry monuments, signage and signature structures, such as the proposed Worship Center. All fixtures, except fixtures directed downwards unless under a canopy, will be low- pressure sodium type meeting the requirements of the Mount Palomar Light Pollution Ordinance. 4. Sports Fields Recreational after -dark lighting is required for the playing fields to meet the needs of sports teams, casual play, and outdoor ministry activities, while recognizing standards set by the City of Temecula. Consider location, size, type, number of fixtures, and orientation to keep spillage and impacts to neighboring residential areas to a minimum. Pale mounted fixtures, as shown in Figure 32d will be used. Data on photometrics, shielding and compliance with the Palomar Light Pollution Ordinance will be required for all proposed developments. Field users will be time restricted in cooperation and in coordination with the Church and its neighbors, and possibly with the City of Temecula. E. SIGNAGE Provide signage throughout the PDO area as part of a well coordinated, area -wide scheme, designed to match and blend with landscaping and building architecture (Figure 33, 34, 34a -b, 36). Integrate directional and identification signage for both vehicular and pedestrian purposes by incorporating unifying elements such as type, color, lettering, style and logo. Each tenant will submit a sign plan in accordance with these provisions, under individual site specific plan submissions. September 24, 2008 85 September 24, 2008 Rancho Pueblo Planned Development Overlay (PDO -6) 86 'Tenant' Tenm �a.t� CHO PUEBLO CENTER RAN C i COMMUNITY CHURCH r 5 5' G I' RI�]LE Rece55ED Rancho Pueblo Planned Development Overlay (PDO -6) TWO SIDED PERPENDICULAR TO STREC W�SFLOOD Sign DaE BELOW GRAZE CAN nverem HM Mt Of Tre Qi. Y�Al N IQG Fag DOT SIM5 G. TWO 119MM Mt la TO ES lWINTS S M1 POPO 15 CONC. MOLDING N /OAST CORNERS (NOT MITERED( 6' TYPE RECESSED I' PAINT REM PACE (NOT SIDES OF FRAF55I MEDIUM TEN- -FLAT TENANT SIGNAGE CAM PACE CML TCH ELCG5 Signs A, B, C GSYNMLC ORM* COOLIE IOT_ YI IOV TO(E S)e011 1 ww.e NO ALCON _ROTO OFESSIONALCENTE[ Ir CONC. MOLDING W /CAST CORKERS (NOT MITERED( T GONG. MOLDING W/CAST CORNERS (NOT MITERED] !REM A CES Recess] TEAL -FLAT' 4FACS CHI ATCH ELDG5 Sign G Planned Development Overlay PA01 -0522 Signage Figures 34 September 24, 2008 87 33/4" 15 FT RULE Rancho Pueblo Planned Development Overlay (PDO -6) Planter 20PT RULE 41/4' PRECAST CONCRETE PRECAST COP LJ LT 1 rl L TOE SPACE R 2B' ALTERNATE SIGN 0N51RUCT10N: 1/2" EXPANDED FY CUT&ROUTED TO MA TCH DIMEN5I0N5. SPRAY PAINT SEMI .OL055 TO MATCH STOREFRONT APPLY WHITE CUT VINYL LETTERING TO SURFACE (AS SHOWN) Adhered Plaque- CAST -IN -PLACE CONCRETE 22 CERAMIC MOSAIC 2" CLEAR ACRYLIC SALOP W/1 COAT CLEAR, 1 COAT PAINT TO MATCH STOREFRONT COLOR ROUTE 1/4' FAO. B POLISH (NO FLAME P0115H) WHITE CUT VINYL LETTERS &RULES (APPLIED 20 BACK) FONT 15 "COPPERPLATE GCYHIC 305C SIZE 15130 P15 (1)52 OFFERS MP LOWERS 5130 PIS) REMOVE ALL AIR BUBBLES PRIOR TO PAINING NO FONT SUBSTITUTION OR ALTERATION Planned Development Overlay PA01 -0522 Signage Figure 34a September 24, 2008 88 Rancho Pueblo Planned Development Overlay (PDO -6) Planned Development Overlay PA01 -0522 Under Canopy Signage Figure 34b September 24, 2008 89 September 24, 2008 Rancho Pueblo Planned Development Overlay (PDO -6) CONC.. MOLDING vi/LAST CORNERS NOT MITERED) mum Si F 2.5'x9' ELECTRONIC READER BOARD (TWO 5ICE5) CHURCH LOGO (OPPO5ITE TWO 510E51 COPPER ANODIZED ALUM. FRAME STUCCO TO MATCH DWG 5 9' TYPE RECESll€D I' PAINT REAR PACE (NOT SILLS OP RECESS) MORTAR CANT T PACE CMJ TCH BLOG.5 Planned Development Overlay PA01 -0522 Church Signage Tower With Electronic Signage Figure 35 90 1. Monument Rancho Pueblo Planned Development Overlay (PDO -6) Site identification signs will comply with the requirements set forth herein and to the City Design Standards, and will be mounted on monument walls no greater than four (4) feet in height on either one or both sides of entrance roadways (see Figures 33 and 34). All freestanding signs must be the monument -type no taller than eight (8) feet with no more than six (6) equal sized tenant spaces with architectural elements at the top, base and sides, similar to Figure 34. Freestanding pole signs are not permitted. Place entry monument features, with integral signage identifying the site, at all appropriate vehicle and pedestrian entries Employ a hierarchy of entry signage designs (Figure 34) to differentiate, clearly, the major entries, at Chapel Lane and Rancho Pueblo Road, from the secondary entries. The secondary entry at the east boundary of the PDO will receive proportionately less expansive design elements. Incorporate landscape and architectural features, blended with overall site landscape and architectural themes, into the design of the entry monuments. Light entry monuments externally, with low level, low pressure sodium, wall -wash lighting in accordance with the Mount Palomar Light Pollution Ordinance. Another variation on the overall PDO signage program relates to the Rancho Pueblo Sports Center. The signage, shown in Figure 34 Sign E, is designed to complement the park environment it features stacked ledgestone and stucco sign faces. 2. Building and Tenant Identification Owner and tenant identification signage, throughout the PDO area, will adhere to a common design theme and requirements, as delineated herein. Signage design will integrate with the architectural style of the buildings, through use of such elements as finishes, fasciae and moldings (Figures 34, 34a, and 36). Tenants using an entire building will be allowed one freestanding monument sign similar to the designs shown in Figure 34 but not to exceed a height of four_(4) feet nor a copy area greater than 30 square feet. Canopy signs will not be permitted due to the "pueblo" design theme. Under canopy signs are permitted. All under canopy signs for individual tenants will follow the shape in Figure 34b; this shape is also used for delivery signs. Address numbers must meet the Fire Department requirement of 6 All address numbers are to be located at the same height above curb as directed by the fire marshal. Restaurant menu signs are permitted only where needed at a drive- through restaurant. Changeable plaques, On Figure 34 Signs A, B C, where used as a part of a sign, must be bronze and bolted in place with spacers to maintain a plumb line; sign shape will be the same as Figure 34a Plaques. September 24, 2008 91 I 28 Un- interupted Wall Surface 29• 1.5 Sign Height Rancho Pueblo Planned Development Overlay (PDO -6) V!1 SCHMIDT KLEIN ;4 furniture Importers 1b5 14' -0• 16' -71/2' Planned Development Overlay PA01 -0522 Commercial Wall Mounted Signage Figure 36 September 24, 2008 92 3. Pedestrian- Oriented Pay particular attention to provision of pedestrian- orientated, directional signage that acknowledges and encourages pedestrian movement and use throughout the PDO area. Pedestrian- oriented signage will be used within clusters of buildings and, when appropriate, is also encouraged within parking areas, directing pedestrians to the various site entities (see Figure 34a). Pedestrian directional signs will be integrated into raised planters (see Figure 28 Planters). Post and blade pedestrian signs are not allowed, except when required to meet ADA and Fire Lane signs requirements. 4. Vehicular Directional Signage Vehicular directional signs will follow the same shape and design as the freestanding monument signs same texture and colors, maximum height 3' -0" (see Figure 34a). 5. Specialty 6. Sign Illumination Rancho Pueblo Planned Development Overlay (PDO -6) Due to the changing and evolving nature of its school programs, the Rancho Community Church and Schools project may employ an electronic signage feature at the intersection of Highway 79 South and Chapel Lane (Figure 35). The overall design of such sign will be integrated with the architectural style of the buildings, through use of such elements as finishes, fasciae, moldings and lighting. Specific illumination will be determined and addressed as part of the requisite sign permit; flashing or animated text is not permitted and any associated, fixed signage text will be integrally incorporated into the structure of this entry monument. Up to two reader boards on a single sign element are permitted, one each on adjacent or opposing faces, to facilitate bi- directional observation. Internal illumination of signs is prohibited. Conventional channel lettering and coated Styrofoam letters are not allowed.: External lighting of signs must comply with the lighting requirements in Section 17 22 176 D and with the requirements of the Mount Palomar Light Pollution Ordinance. 7. Commercial Wall Mounted Tenant Signs The following requirements for commercial wall mounted signage are intended to create harmonious, controlled appearance to the Rancho Pueblo Development. These requirements are intended to allow commercial entities to use existing, recognizable identity systems and to provide a common visual format for commercial entities without existing, recognizable identity systems. The requirements are also intended to compliment the development's esthetic features while minimizing competition through visual gimmickry and garish color selection. September 24, 2008 93 Rancho Pueblo Planned Development Overlay (PDO -6) a) Guidelines for units with less than 20,000 square feet (without a regionally recognized identity system): 1. All sign locations to be wall mounted, centered over unit's storefront and/or entry system below any fascia. Background wall surface must be 1.5 times the sign height. 2. All signs are to be externally illuminated from above, with no more than 6 wall mounted, hooded fixtures, directed against the wall, using white lamps (no color). Fixtures to be black and in kind with structure's design and details. 3. Sign materials are 3/4" to 1" thick cast aluminum anodized black with matte finish, no substitutions. No plastic letters /graphics. 4. Each sign to have a primary and secondary line. Primary line is tenant's name. Secondary line is description of services. 5. Primary line is 14" Times New Roman all uppercase, as shown in Figure 36, maintain matched typefaces and surface finishes; no substitutions permitted. 6. Secondary line is 7" Times New Roman upper and lowercase, as shown in Figure 36, maintain matched typefaces and surface finishes; no substitutions permitted. 7. Rule is 1" tall 3/4" thick cast aluminum, as shown in Figure 36, maintain matched surface finishes; no substitutions permitted. 8. 28" square logo, block, as shown in Figure 36, is optional for tenants who wish to display a graphics mark. The logo is to be cut (subtracted) from the square. No applied graphics (cut vinyl, acrylic, paint...) Material is 3/4" aluminum cut and fmished maintain matched surface finishes; no substitutions permitted. 9. All letters and graphic to be mounted with a standoff of 3/4" to 1" from wall, with combination stud with pad mounting hardware per sign manufacturer's specifications. NO FLUSH MOUNTING. All type and graphic. FACE to be on the same plumb vertical plane. Standoff distance may vary from 3/4" to 1 September 24, 2008 94 Rancho Pueblo Planned Development Overlay (PDO -6) b) Guidelines for units with less than 20,000 square feet (with a regionally recognized identity system): 1. All sign locations to be wall mounted, centered over unit's storefront and/or entry system below any fascia. 2. All signs are to be externally illuminated from above, with no more than 5 wall- mounted, hooded fixtures, directed below the horizontal plane, using white lamps (no color). Fixtures to be black and in kind with structure's design and details. 3. Sign materials are 3/4" to 1" thick cast aluminum anodized black with matte finish, no substitutions. No applied graphics (cut vinyl, acrylic, paint). Material to be cut and finished, maintain matched surface fmishes; no substitutions permitted. 4. Sign area must not exceed 38.8 square feet (calculate area using 8 sided polygon). 5. Sign width must not exceed 16' -7 1/2 Sign height must not exceed 6'. 6. All letters and graphics to be mounted with a standoff of 3/4" to 1" from wall, with combination stud with pad mounting hardware per sign manufacturer's specification. NO FLUSH MOUNTING. All type and graphic FACE to be on the same plumb vertical plane. Standoff distance may vary from 3/4" to I c) Guidelines for commercial wall mounted tenant /anchor signage for units with more than 20,000 square feet: 1. All sign locations to be wall mounted below any fascia. 2. All signs are to be externally illuminated from above, with wall mounted, hooded fixtures, directed below the horizontal plane, using white lamps (no color). Fixtures to be black and in kind with structure's design and details. 3. Sign materials are 3/4" to 1" thick cast aluminum anodized black with matte finish, no substitutions. No applied graphics (cut vinyl, acrylic, paint...) maintain matched surface finishes; no substitutions permitted. 4. Sign area must not exceed 60 square feet (calculate area using 8 sided polygon). Sign width must not exceed 18' 0 Sign height must not exceed 6'. September 24, 2008 95 Rancho Pueblo Planned Development Overlay (PDO -6) 6. All letters and graphics to be mounted with a stand off of 3/4" to 1" from wall, with combination stud with pad mounting hardware per sign manufacturer's specifications. NO FLUSH MOUNTING. All type and graphic FACE to be on the same plumb vertical plane. Standoff distance may vary from 3/4" to 1 September 24, 2008 96 A. ADOPTION OF THE PDO Rancho Pueblo Planned Development Overlay (PDO -6) 17.22.178 IMPLEMENTATION GUIDELINES Procedures set forth below, are guides to the implementation of the Rancho Pueblo Planned Development. The Rancho Pueblo Planned Development Overlay, once reviewed and approved by the City of Temecula Planning Commission and adopted by ordinance by the City Council, will satisfy the General Plan requirement for the Z1 overlay. The present zoning designation on the approximately 53 acres of the PDO area, Professional Office, remains unchanged, and development of the area is governed by the requirements set forth in the City of Temecula zoning code for Professional Office, except as modified herein. B. SITE DEVELOPMENT PLAN REVIEW PROCESS A separate Site Development Plan Review Process (whether Conditional Use Permit or Site Plan) will be required for each development site within the Rancho Pueblo PDO Area. Under individual site plan review, precise site plan details including, for example, the number and mix of specific building usage, shall be required. In general, site development plans shall be processed in accordance„ with Temecula Municipal Code 17.05.010 Development Plans. However, to the extent that a proposed use is permitted by the Rancho Pueblo Matrix of Uses, the Director of Planning may approve such plans, without limitation to the 10,000 square foot criterion of Code Section 17.05.010(D.2.). Uses requiring a CUP shall be processed through the Planning Commission. C. ALTERNATIVE DEVELOPMENT STANDARDS Through its adoption by the City of Temecula, the PDO will allow for minor variations from the design and development standards depicted herein without necessitating further PDO submissions or amendments. Any proposed alternatives to the development standards contained herein will be subject to approval by the Director, Department of Community Development. However, the Director may determine that proposed alternative standards are beyond the scope intended under this subsection, and may require further review and approval by the Planning Commission and possibly the City Council. D. AMENDING THE PDO To the extent that project proposals fall outside the standards set forth in the PDO, a PDO Amendment will be required. Processing of such an amendment will require approval by the Planning Commission and the City Council. Examples of proposed changes that require a PDO Amendment include but are not limited to, development exceeding two stories, land uses not permitted within the Matrix of Permitted Uses (Table 17.22.166A, herein), alternative setbacks and alternative height limits. September 24, 2008 97 Rancho Pueblo Planned Development Overlay (PDO -6) E. EXPANSION OF THE PDO AREA The Rancho Pueblo Planned Development Overlay encompassed approximately 53 acres. Should the property owner(s) of the adjacent 28 acres to the east, which comprises Z2, elect to be added to this PDO, application of these development standards will apply. It is recognized that some additional details, e.g., on -site circulation and community -edge treatments, will have to be incorporated into development standards for a new planning area of this PDO. Expansion of the Rancho Pueblo PDO is subject to Planning Commission and City Council review and approval. September 24, 2008 98 TEMECULA COMMUNITY SERVICES DISTRICT ITEM NO. 13 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:28 PM. CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington CSD PUBLIC COMMENTS There were no public comments. CSD CONSENT CALENDAR 14 Action Minutes Approved Staff Recommendation (4 -0 -1) Director Edwards made the motion; it was seconded by Director Roberts; President Washington abstained; and electronic vote reflected approval. RECOMMENDATION: RECOMMENDATION: ACTION MINUTES of JANUARY 27, 2009 14.1 Approve the action minutes of January 13, 2009. 15 Agreement with Temecula Valley Unified School District to Implement an After School Enrichment Program at Vail Ranch Middle School Approved Staff Recommendation (5 -0 -0) Director Edwards made the motion; it was seconded by Director Comerchero; and electronic vote reflected unanimous approval. 15.1 Approve the Agreement with Temecula Valley Unified School District to implement an After School Enrichment Program at Vail Ranch Middle School. This item was pulled for separate discussion and consideration. Staff presented the agenda report (of record). 1 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:37 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, February 10, 2009, 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. ATTEST: Susan W. Jones, MMC City Clerk /District Secretary [SEAL] 2 Chuck Washington, President ITEM NO. 14 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: February 10, 2009 SUBJECT: Agreement Between the Temecula Community Services District and Willdan Financial Services for Assessment Engineering Services PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the Board of Directors: 1) Approve the Agreement between the Temecula Community Service District and Willdan Financial Services for Assessment Engineering Services in the amount of $39,500. BACKGROUND: On November 20, 2008 the Temecula Community Services District (TCSD) solicited a Request for Proposal (RFP) from assessment engineering firms. The RFP asked firms to submit a proposal for providing TCSD with assessment engineering services. These services consist of on -going monitoring and update of all assessable parcels within the District; preparation of the annual TCSD levy report; printing and mailing of public hearing notices; the annual submission and reconciliation of levy data to the County and other ancillary services related to the levy of the Parks and Lighting Special Tax and to the TCSD Service Levels rates and charges. TCSD mailed six copies of the proposal to firms listed in the vendor list provided by the Finance Department. The RFP was made available on the City's website. TCSD received five (5) proposals, which were reviewed and ranked by a committee. Based on their proposal content and fee amount one (1) firm was asked to prepare a presentation. Willdan Financial Services, formally MuniFinancial, conducted the presentation to the committee on January 7, 2009. After the presentation the committee determined that Willdan Financial Services was the most qualified firm to provide the services requested. Willdan's offices are located in the same offices that housed MuniFinancial in Temecula. MuniFinancial's key staff has remand with Willdan and will continue to provide the same level of service that has been provided since 1991. The term of this agreement is for one year with the ability to extend the contract for three (3) years. In light of the economy Willdan has agreed not to apply an annual inflator during the term of this agreement and has eliminated their processing fee for the administration of the public notices. Historically, this is a savings of approximately $2,700.00 on an annual basis. FISCAL IMPACT: The 2008 -2009 Operating Budget has already appropriated the funds required for the reminder of this fiscal year. ATTACHMENTS: Professional Services Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND WILLDAN FINANCIAL SERVICES FOR ASSESSMENT ENGINEERING SERVICES THIS AGREEMENT is made and effective as of February 10, 2009 between the Temecula Community Services District, a municipal corporation (District and Willdan Financial Services "Consultant) in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on February 10, 2009, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2009, unless sooner terminated pursuant to the provisions of this Agreement. The District may, upon mutual agreement, extend the contract for three one (1) year additional terms. In no event shall the contract be extended beyond December 31, 2012. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons in Consultant's profession engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. This section does not apply for this agreement. 5. PAYMENT. a. The District agrees to pay Consultant quarterly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed $39,500.00, thirty nine thousand five hundred dollars and no cents for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the District Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by District Manager and Consultant at the time District's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices quarterly for services to be performed during the upcoming quarter. Invoices shall be submitted between the first and fifteenth business day of each month, for services to be provided in the following quarter. Payment shall be made within thirty (30) days of receipt of each invoice as to all non disputed fees. If the District disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the District shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the District pursuant to Section 5. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, District shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the District Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by District that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of District or its designees at reasonable times to such books and records, shall give District the right to examine and audit said books and records, shall permit District to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 2 b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the District and may be used, reused or otherwise disposed of by the District without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the District, upon reasonable written request by the District, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property to the extent arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non performance of this Agreement, excepting only liability arising out of the negligence of the District. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. CG 00 01 11 85 or 88. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultants profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 3 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. and in aggregate. 4) Professional Liability coverage: One million ($1,000,000) per claim c. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the District Manager. At the option of the District Manager, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the District, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The District, 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 the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the District, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the District, its officers, officials, employees and volunteers. Any insurance or self- insured maintained by the District, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and /or notify the District via certified mail, return receipt requested of the changes to or cancellation of the policy. 4 e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the District. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the District 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 District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither District nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant 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 District. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind District in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, District shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for District. District shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Districts prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the District Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the District. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives District notice of such court order or subpoena. b. Consultant shall promptly notify District should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the District. District retains the right, but has no obligation, to represent Consultant and /or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with District and to provide District with the opportunity to review any response to discovery requests provided by Consultant. However, District's right to review any such response does not imply or mean the right by District to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To District via U.S. Mail: To District via Courier Service: To Consultant: Temecula Community Services District Mailing Address: P.O. Box 9033 Temecula, California 92589 -9033 43200 Business Park Drive Temecula, California 92590 Attention: District Manager Willdan Financial Services 27368 Via Industria, Suite 110 Temecula, CA 92590 Attention: Josephine Perez -Moses (951) 587 -3500 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the District. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Temecula Community Services District Board and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 6 17. GOVERNING LAW. The District and Consultant 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 Temecula Community Services District. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the Temecula Community Services District shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub contractors for this project, during his /her tenure or for one year thereafter. The Consultant hereby warrants and represents to the District that no officer or employee of the Temecula Community Services District has any interest, whether contractual, non contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant's sub contractors on this project. Consultant further agrees to notify the District in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into 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. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BOARD Chuck Washington, President ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT: (Insert Company Name, Address, Contact Name, Phone and Fax Number Here) By: Name: Title: By: Name: Title: [Signatures of Two Corporate Officers Required] 8 EXHIBIT "A" TEMECULA COMMUNITY SERVICES DISTRICT COMMUNITY SERVICES ASSESSMENT ENGINEERING SERVICES SPECIFICATIONS /SCOPE OF WORK 1. Coordinate with the Temecula Community Services District, County of Riverside and other entities to obtain necessary information needed to provide the services requested. This information may include Assessor's parcel maps and files, copies of secured rolls, boundary maps, budget information, historical data, as well as other comparable data. 2. Review existing Method of Apportionment. In so doing, Consultant staff will address staff concerns and to ensure equity throughout the District. 3. Coordinate with TCSD staff and the City's Franchise Waste Hauler in obtaining an electronic listing of properties to be annually added to Service Level D. This information will be reconciled with current County parcel data prior to the preliminary levy report. Any properties that cannot be reconciled to a valid Assessor's Parcel Number will be provided to both TCSD staff and the City's Franchise Waste Hauler. A final listing of confirmed new parcels for Service Level D will be provided to the TCSD. 4. Confirm with TCSD the additional of new residential areas for Streetlight Maintenance services. Review the TCSD staff the identification of new properties (tracts) for inclusion to Service Levels B and C. Update administration database with pertinent information for corresponding Assessor Parcel Numbers and service levels; identify any inconsistencies in parcel counts. Since new developments are often identified for inclusion long before the services are provided, Consultant will review and coordinate the timing of the imposition of the applicable rates and charges with TCSD. 5. Provide TCSD with a list of the parcels within Service Level R Unpaved Street and Road Maintenance. The Consultant will review and update the parcels within Service Level R to insure accurate assessment rates. 6. Consultant will review and update all District parcels to insure proper assessment rates of the Parks and Lighting Special Tax. 7. Assist with and attend public forums and public hearings, to discuss the District services, budgets and any concerns generated by property owners in order to alleviate any negative misconceptions, if so desired by TCSD. 8. Assist TCSD staff in preparing budgets by providing a preliminary EBU count in January and the preliminary levy report in early April of each year. Provide comparison studies, as requested by staff, to aid in the analysis of various methods of apportionment, benefit to equity evaluations, EBU calculations and rates for all Service Levels and Special Park Tax. 9. Prepare Preliminary Report for review by TCSD staff and modify as directed. This includes but is not limited to: method of apportionment; description of the district and service levels; budget and levy summary; district services and charges; changes and modifications to the district; district budgets. 9 10. Consultant will prepare, print and mail the public hearing notices and explanatory information in conjunction with adoption of the rates and charges. Upon TCSD staff request, the Consultant toll -free telephone number may be included on the notice. Consultant will manage the entire project to ensure that the notices are mailed as required by Proposition 218. 11 Consultant will obtain any necessary documentation from TCSD staff (i.e.: signed resolutions, letters of compliance with Proposition 218, Authorized Signature to Request Changes to the Tax Roll, Correction of Fixed Charge letters, along with the annual levies) and submit the documents and levy data in the required format and media to the County before deadlines. Consultant will research County exceptions and resubmit the revised parcel numbers and recalculated levy amounts to the County Assessor's Office. Consultant will also notify TCSD of any County rejected parcels considered not assessable on the tax roll. 12. Provide the TCSD with an "Affidavit of Mailing" of the Notices within two weeks of the mailing. 13. Make all necessary adjustments for annexations into the District upon notification by the TCSD. 13. Provide a Preliminary Levy Report to staff with the "Noticed" levy amounts for each assessor's parcel number in April. Provide the Applied Levy Report and Compact Disc (CD) to staff with a listing of all "Applied" levy amounts for each assessor's parcel number and information requested by TCSD including acreage; land use codes; TCSD Service Levels; number of dwelling units; EBU values; situs address; track number and property owner information by October. 14. Provide a computer printout and CD of all properties assessed for Service Level D (Refuse /Recycling Collection Services) in a format as requested by the franchised hauler by October. 15. Provide all the same services as called out in this agreement for areas which may at some time in the future be annexed into TCSD. Any significant change to the District structure or to the parcels included within the District, including annexations to the City, may result in additional fees. These additional fees will be addressed in a contractual amendment /addendum. 17. Assist TCSD staff in the reconciliation of levied parcels in Service Levels B, C, D, R and the Park Special Tax with the number of charged parcels. Provide the TCSD with a levy summary letter that addresses any significant variances between the proposed budgets and the applied tax roll levy. 18. Assist with appeals procedure; and make necessary revisions to the database as directed by TCSD staff. 19. Assist TCSD, as necessary, in addressing property owners or residents with questions about TCSD charges on property tax bills, noticing procedures, assessment districts and other related issues. 10 20. Assist TCSD with an audit of special cases pertaining to the Park Special Tax Assessment at least once within the duration of the contract. 11 Exhibit B PAYMENT RATES AND SCHEDULE The following fixed fees and schedule of quarterly payments shall be in effect for the scope of services as set forth in Sections 2 and 5 of the Agreement. 2009 5,250.00 5,250.00 5,250.00 5,250.00 Assessment Services $21,000.00 January Quarter April Quarter July Quarter October Quarter Reimbursable Exp (Not to Exceed) Public Notices Contract Total Amount 2,000.00 $16,500.00 $39,500.00 The reasonable cost of reports, reproduction, County data tapes, assessor's parcel information and other "out of pocket" expenses provided by the consultant are included in this contract in the $2,000.00 per year reimbursable expenses listed above. Public Notices Reimbursable expenses not included under this contract are: coordination, production, postage and mailing of resident notices. TCSD will reimburse consultant, under separate purchase order, for previously approved costs associated with these services, including processing, reproductions, materials, and service charges incurred by the consultant. Estimated cost for the mailing of public notices including postage is $16,500.00 and shall be payable after the "Affidavit of Mailing" and invoice with back up from the printers and post office is provided to TCSD. Upon the Consultant's request, a check for postage will be provided by the District prior to the mailing. 12 Due Upon Completion of Contract March, 2009 June, 2009 September, 2009 REDEVELOPMENT AGENCY ITEM NO. 15 ACTION MINUTES of JANUARY 27, 2009 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:37 PM. CALL TO ORDER: Chair Person Ron Roberts ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts RDA PUBLIC COMMENTS There were no public comments. RDA CONSENT CALENDAR 16 Action Minutes Approved Staff Recommendation (4 -0 -1) Agency Member Edwards made the motion; it was seconded by Agency Member Comerchero; Agency Member Washington abstained; and electronic vote reflected approval. RECOMMENDATION: 16.1 Approve the action minutes of January 13, 2009. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 7:38 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, February 10, 2009, 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 ATTEST: Susan W. Jones, MMC City Clerk /Agency Secretary [SEAL] Ron Roberts, Chairperson PUBLIC HEARING ITEM NO. 16 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: February 10, 2009 SUBJECT: Approval for levying an assessment for fiscal year 2009 -2010 in connection with the Temecula Valley Tourism Business Improvement District (TVTBID) PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: That the City Council: 1. Conduct a public hearing to consider protests regarding the levy of an assessment in conjunction with the Temecula Valley Tourism Business Improvement District. 2. Instruct the City Clerk to tabulate any written protests which might be received prior to the close of the public hearing regarding the formation of the proposed District. 3. If the City Clerk reports that there is not a majority protest received regarding this District, then adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING AN ASSESSMENT FOR FISCAL YEAR 2009 -10 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) BACKGROUND: On September 27, 2005, the City Council considered a request from the Temecula Valley Convention and Visitor's Bureau (CONVIS) to form a Tourism Business Improvement District to promote tourism in the Temecula Valley. As part of its consideration of this item, the City Council held a public meeting on November 8, 2005, to receive further information regarding the intended purpose and operation of the District. All sixteen of the potentially affected lodging establishments were notified and three representatives of Temecula hotels spoke to urge formation of the District. On December 13, 2005, a Public Hearing was held to consider protests regarding the formation of the Temecula Valley Tourism Business Improvement District. A majority protest was not received and, therefore, Council enacted an ordinance establishing the Temecula Valley Tourism Business Improvement District (TVTBID). Also adopted were resolutions to levy an assessment for FY 2006/07 in the TVTBID, and resolutions to establish an advisory board for the TVTBID. A Management Agreement between the City of Temecula and the CONVIS was also approved for the operation and administration of the TVTBID. The annual levy represents 2% of the room rates collected. These funds are expended for the purpose of marketing and promotions to increase tourism and market the Temecula Valley area as a tourist destination to the benefit of lodging businesses located and operating within the boundaries of the District. According to the Parking and Business Improvement Area Law of 1989 (the Law), the City Council is authorized to annually undertake proceedings to levy an assessment against businesses within the TVTBID. In accordance with Section 36533 of the Law, the TVTBID Advisory Board has prepared and filed with the City Clerk a report for FY 2009 -10. The report, which was presented to City Council and approved on January 27, 2009, thoroughly details the proposed budget and activities, and programs and events for the District for the coming year. After approving the report, City Council adopted Resolution No. 09 -07 to declare its intention to levy an assessment against lodging businesses for Fiscal Year 2009 -10 within the District, and to set the time and place of a Public Hearing. At this Public Hearing, testimony will be heard and protests may be made by any person with an interest in the proposed levy. I n the absence of a majority protest, it is recommended that the City Council adopt the resolution to levy the assessment for the Fiscal Year 2009 -10 (March 1, 2009 through February 28, 2010). FISCAL IMPACT: It is anticipated that the 2% annual assessment would result in the collection of approximately$528,000 in Fiscal Year 2009 -10, which would be used by the CONVIS for the promotion of tourism. The City would receive up to 2% of the assessments, or approximately $10,560, to offset administrative costs. For the twelve month period beginning December 2007 through November 2008, the City of Temecula received $11,472 for administrative costs. ATTACHMENTS: Resolution No. 09- RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING AN ASSESSMENT FOR FISCAL YEAR 2009 -2010 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Section 36500 et seq. (the "Act authorizes the City Council (the "City Council of the City of Temecula (the "City to levy an assessment against businesses within a parking and business improvement area which is in addition to any assessments, fees, charges, or taxes imposed in the City. Section 2. Pursuant to the Act, the City Council adopted Ordinance No. 05 -16 establishing the Temecula Valley Tourism Business Improvement District (the "District in the City. Section 3. The boundaries of the District are the boundaries of the City and include all lodging businesses therein (as defined in Temecula Municipal Code Section 3.40.020). Section 4. In accordance with Section 36533 of the Law, the Advisory Board for the District prepared and filed with the City Clerk reports entitled "08 Annual Report" and "09 Annual Report: Budget and Marketing Plan" (the "Reports and on January 27, 2009, Resolution No. 09 -06, the City Council preliminarily approved such Report as filed. Section 5. On January 27, 2009, the City Council adopted its Resolution of Intention, Resolution No. 09 -07, declaring its intention to levy and collect an assessment for fiscal year 2009 -2010 (March 1, 2009 through February 28, 2010) against lodging businesses in the District. Section 6. Following notice duly given pursuant to law, the City Council has held a full and fair public hearing regarding the levy and collection of an assessment within the District for fiscal year 2009 -2010. At the public hearing, the testimony of all interested persons regarding the levy of an assessment against lodging businesses within the District for fiscal year 2009 -2010 was heard and considered. The City Council hereby determines that there was no majority protest within the meaning of the Act. Section 7. Based upon its review of the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, and other reports and information presented to the City, the City Council hereby finds and determines that (1) the lodging businesses in the District will be benefited by the expenditure of funds raised by the assessment for fiscal year 2009 -2010, (11) the District includes all of the businesses so benefited; and (iii) the net amount of the assessment levied within the District for fiscal year 2009 -2010 in accordance with Resolution No. 09 -07, the Report, and Chapter 3.40 of the Temecula Municipal Code is apportioned by a formula and method which fairly distributes the net amount in proportion to the estimated benefits to be received by each such lodging business. Section 8. The City Council hereby confirms the Report as originally filed. Section 9. The adoption of this Resolution constitutes the levy of an assessment for fiscal year 2009 -2010. The assessment formula is set forth in Chapter 3.40 of the Temecula Municipal Code. Assessments shall be paid in monthly installments. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of February, 2009. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ss Maryann Edwards, Mayor I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 09- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of February, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk COUNCIL BUSINESS ITEM NO. 17 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Jerry Williams, Chief of Police DATE: February 10, 2009 SUBJECT: Sex Offender Ordinance (At the Request of Mayor Maryann Edwards) PREPARED BY: Heidi Schrader, Management Analyst RECOMMENDATION: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADDING CHAPTER 9.60 "SEX OFFENDERS TO TITLE 9 "PUBLIC PEACE, MORALS AND WELFARE OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH LOCAL RESTRICTIONS FOR SEX OFFENDERS BACKGROUND: The City Council is firmly committed to protecting the safety of children and citizens from convicted sex offenders. In accordance with Proposition 83, Jessica's Law, the City Council is authorized to enact the attached Ordinance. Section 9.60.030 of the proposed ordinance provides that no sex offender shall reside within a two thousand (2,000) foot radius of any child day care center, park, or school. The proposed ordinance defines child day care center, park, school, and sex offender. "Child day care center" means a licensed facility that provides non medical care on a less than 24 -hour basis to children in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. "Child day care center" does not include a "family day care home" as that term is defined in California Health and Safety Code Section 1596.78. "Park" means an open space intended for recreational use where children regularly gather. "School" means the buildings and grounds of any public or private school used for the education of children in kindergarten or in grades 1 through 12, inclusive. "Sex offender" means any person for whom registration is required pursuant to Section 290 of the California Penal Code, regardless of whether that person is on parole or probation. The proposed ordinance also provides that the residency requirements for sex offenders will not apply in the following circumstances: (1) The sex offender established the residency prior to the effective date of the ordinance; and (2) the sex offender established the residency prior to the initial operation of the child day care center, park, or school. The intent of this ordinance is not to punish sex offenders for their prior legal conduct. The intent of this ordinance is to create a regulatory and non punitive scheme to protect children at child day care centers, parks and schools in Temecula. This ordinance will further the City's compelling interest in protecting the victims and potential victims of sex offenders in the City. FISCAL IMPACT: There is no anticipated fiscal impact. ATTACHMENTS: Ordinance No. 09- ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADDING CHAPTER 9.60 "SEX OFFENDERS TO TITLE 9 "PUBLIC PEACE, MORALS AND WELFARE OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH LOCATION RESTRICTIONS FOR SEX OFFENDERS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council is gravely concerned about the high rate of recidivism among convicted sex offenders and their dangerousness as a class. The City Council takes legislative notice of the fact that, based on U.S. Department of Justice statistics, several members of the U.S. Supreme Court recently concluded: "When convicted sex offenders reenter society, they are much more likely than any other type of offender to be rearrested for a new rape or sexual assault." [McKune v. Lile, 536 U.S. 24, 33 (2002).] Section 2. On November 7, 2006, the people of the State of California enacted the Sexual Predator Punishment and Control Act: Jessica's Law (also known as Proposition 83). That initiative measure: (1) increases penalties for violent and habitual sex offenders and child molesters; (ii) prohibits sex offenders from residing within 2,000 feet of any school or park; (iii) requires lifetime Global Positioning System monitoring of felony registered sex offenders; (iv) expands the definition of a sexually violent predator; and (v) changes the system for involuntary civil commitment of sexually violent predators. Additionally, that initiative measure authorizes municipalities to enact ordinances that further restrict the locations where registered sex offenders may reside. Section 3. The City has a compelling governmental interest in protecting the victims and potential victims of sex offenders in its jurisdiction. The City Council finds that the sex offender location restrictions imposed by this Ordinance are a reasonable means of promoting that governmental interest. Section 4. This Ordinance is enacted by the City Council pursuant to Jessica's Law and pursuant to the City of Temecula's general police power to provide for the public health, safety and general welfare. Section 5. In enacting this Ordinance, the City Council does not intend to punish sex offenders for their prior illegal conduct. Rather, the purpose of this Ordinance is to create a regulatory and non punitive scheme to protect children at child day care centers, parks, and schools in Temecula. Section 6. The City Council has determined that it can be seen with certainty that there is no possibility that the adoption and implementation of this Ordinance may have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act "CEQA pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations (the "CEQA Guidelines Section 7. Title 9 "Public Peace, Morals and Welfare of the Temecula Municipal Code is hereby amended by adding a new Chapter 9.60 "Sex Offenders to read as follows: "Chapter 9.60 SEX OFFENDERS 9.60.010 Short Title. This chapter shall be known and may be cited as the "Temecula Sex Offender Ordinance." 9.60.020 Definitions. For purposes of this chapter, the following definitions shall apply: A. "Adult" means a person over the age of 18 years. B. "Child" means a person under the age of 18 years. C. "Child day care center" means a licensed facility that provides non medical care on a less than 24 -hour basis to children in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. "Child day care center" does not include a "family day care home" as that term is defined in California Health and Safety Code Section 1596.78. D. "Park" means an open space intended for recreational use where children regularly gather. E. "School" means the buildings and grounds of any public or private school used for the education of children in kindergarten or in grades 1 through 12, inclusive. F. "Sex offender" means any person for whom registration is required pursuant to Section 290 of the California Penal Code, regardless of whether that person is on parole or probation. 9.60.030 Residency Restriction. No sex offender shall reside within a two thousand (2,000) foot radius of any child day care center, park, or school. 9.60.040 Exceptions. Section 9.60.030 shall not apply in any of the following circumstances: A. The sex offender established the residency prior to the effective date of this chapter. B. The sex offender established the residency prior to the initial operation of the child day care center, park, or school. 9.60.050 Penalties. A. Any person violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction shall be punished as set forth in Chapter 1.20 of the Temecula Municipal Code. B. Any person who violates any provision of this Chapter shall also be subject to the enforcement remedies of Chapters 1.21 and 1.24 of the Temecula Municipal Code. Peace officers of the Riverside County Sheriffs Department or such other police agency under contract to provide police services to the City shall be authorized to issue citations or take such enforcement action as authorized by Chapters 1.21 and 1.24." Section 8. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional. Section 9. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of February, 2009. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ss Maryann Edwards, Mayor I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 09- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 10th day of February, 2009, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of February, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk