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Home My WebLink About072208 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 I I] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JULY 22, 2008 - 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. -Closed Session of the City Council pursuant to Government Code Sectian: 1) Conference with real property negotiator pursuant to Government Code Sectian 54956.8 regarding real property negotiations located at 28725 Pujal Street {APN 922-062-010}, generally located on the west side of Pujol, north of 1St 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 CitylAgency negotiators are Shawn Nelson, Bob Johnson, and John Meyer. 2) Conference with real property negotiators pursuant to Government Cade Section 54956.8 regarding two {2) parcels of real property owned Mr. Nassef M. Francis: {1}the first consists of approximately 37.11 acres {APN 940-080- 001); (2} the second parcel consists of approximately 26.85 acres (APN 940- 040-003). The two parcels are generally located approximately 1,500 feet westerly of Ridge Park Drive and approximately 500 feet southerly of Rancho California Road in unincorporated Riverside County. The parties to the negotiations for acquisition of the two parcels are: Nassef M. Francis, the owner, City of Temecula and the Western Riverside County Regional Canservatian Authority. Negotiators far the City of Temecula are: Bob Johnson, Assistant City Manager, Steve Brawn, Principal Planner. Under negotiation are the price and terms of acquisition of the two parcels. 3) Conference with City Attorney pursuant to Government Code Section 54956.9{a) and {c). The Council will meet pursuant to Government Cade Section 54956.9{b} with respect to one matter of potential litigation in which the City Attorney has determined that a paint has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and pursuant to Government Cade 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. Next in Order: Ordinance: 08-07 Resolution: 08-70 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Eve Craig Invocation: Pastor Felicia Brown of Imani Church of Gad in Christ Flag Salute: Mayor Pro Tem Edwards ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONSIPROCLAIVIATIONS Solar Cup 2008 City Council Trophy Presentation to Great Oak High School Certificates of Achievement to High Hopes Special Olympics Participants PUBLIC COMMENTS A total of 3Q 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 IVlembers of the City Council request specific items be removed from the Consent Calendar for separate action 2 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resoltuions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of June 10, 2008; 2.2 Approve the minutes of June 24, 2008. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS A5 SET FORTH IN EXHIBIT A 4 City Treasurer's Statement of Investment Palicy RECOMMENDATION: 4.1 Adopt the Treasurer's Statement of Investment Policy which provides safety, liquidity, compliance, and yield far City funds. 5 City Treasurer's Report as of May 31, 2008 RECOMMENDATION: 5.1 Approve and file the City Treasurer's Report as of May 31, 2008 6 State of California Department of Alcoholic Beverage Control Grant Assistance Program RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA 3 ACCEPTING A GRANT FROM THE STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL GRANT ASSISTANCE PROGRAM 6.2 Increase estimated General Fund Grant Revenue by $76,262; 6.3 Appropriate $76,262 from General Fund Grant Revenue to the Police Department. 7 Authorization of Special Tax Levy in Community Facilities District No. 88-12 {Ynez Corridor} RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR} 8 Approval of the Plans and Specifications and Authorization to Solicit Canstructian Bids for the Old Town Civic Center Project, Project No. PW06-07 RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE PLANS AND SPECIFICATIONS FOR THE OLD TOWN CIVIC CENTER PROJECT {PW06-07) AND AUTHORIZING THE SOLICITATION OF CONSTRUCTION BIDS 9 Second Amendment to Agreement for Professional Engineering Design Services for the Pavement Rehabilitation -STPL Project, Project No. PW06-14 RECOMMENDATION: 9.1 Approve the second amendment to the agreement with Harris & Associates for the Pavement Rehabilitation -STPL Project, Project No. PW06-14, for an amount not to exceed $22,950 and authorize the Mayar to execute the amendment; 9.2 Extend the term of the agreement with Harris & Associates to expire on December 31.2008. 10 Acceptance of Improvements and Notice of Completion for the Citywide Concrete Repairs FY 2007-08, Project No. PW08-01 RECOMMENDATION: 10.1 Accept the construction of the Citywide Concrete Repairs FY 2007-08, Project No. PW08-01, as complete; 10.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond and accept a one {1}year Maintenance Bond in the amount of 10°l0 of the contract amount; 10.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 11 Fair Political Practices Commission Letter {at the Request of Mayar Naggar) RECOMMENDATION: 11.1 Approve sending a letter to Chairman Ross Johnson, Fair Political Practices Commission requesting revision to disclosure requirements of independent committees in local elections. 12 Approve Temporary Staffing Support Services RECOMMENDATION: 12.1 Approve, on an annual basis, temporary staffing support services with AppleOne for $165,000; Manpower for $110,000; Kimco for $55,000; and TriStaff for $55,000. 13 Secand Amendment to Agreement for Weed Abatement with Inland Empire Property Services, Inc. RECOMMENDATION: 13.1 Approve a second amendment to the agreement with Inland Empire Property Services Inc., to provide weed abatement for Fiscal Year 200712008 in the amount of $10,000 for a total agreement amount of $50,000. 14 Second Reading of Ordinance No. 08-03 RECOMMENDATION: 14.1 Adopt an Ordinance entitled: ORDINANCE NO. 48-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE TEMECULA REGIONAL CENTER SPECIFIC PLAN {SP NO. 263) TO AMEND THE SIGN CRITERIA AND TO ALLOW DAY SPAS AS A PERMITTED USE IN PLANNING AREAS 1 AND 2 LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER ROAD AND YNEZ ROAD {PLANNING APPLICATION NUMBER PA08-0081) TEMECULA COMMUNITY SERVICES DISTRICT MEETING CSD PUBLIC COIUIIUIENTS 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 and address for the record. CSD CONSENT CALENDAR 15 Minutes RECOMMENDATION: 15.1 Approve the minutes of July 8, 2008. 16 Acceptance of Certificate of Deposit as Bond for Trail RECOMMENDATION: 16.1 Accept the Certificate of Deposit and agreement from Jai Mata Di, LLC to construct a Multi-Use Trail along De Portola Road. 17 G_ raphic Design Agreement with Adkins Consulting RECOMMENDATION: 17.1 Approve an agreement with Adkins Consulting in the amount of $48,000 to provide graphic design services far the Cultural Arts Division and the Old Town Temecula Community Theater. 18 Food and Beverage Sales Agreement with Full Value Entertainment RECOMMENDATION: 18.1 Approve an agreement with Full Value Entertainment to provide concession services at the Temecula Public Library. 19 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Ronald Reagan Sports Park Desilting Basin, Project Na. PW05-13 RECOMMENDATION: 19.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Ronald Reagan Sports Park Desilting Basin, Project No. PW05-13. 20 Contingency Increase for the Murrieta Creek Multi-Purpose Trail, Proiect No. PW01-27 RECOMMENDATION: 20.1 Increase the contingency for the Murrieta Creek Multi-Purpose Trail, Praject No. PW01-27 in the amount of $73,570.37; 20.2 Authorize the City Manager to approve change orders not to exceed the additional contingency amount of $73,570.37. CSD DEPARTMENTAL REPORT 21 Community Services Department Monthly Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT TEMECULA REDEVELOPMENT AGENCY MEETING RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two {2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five {5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record RDA CONSENT CALENDAR 22 Minutes RECOMMENDATION: 22.1 Approve the minutes of July 8, 2008. 23 Annual Contract for Keyser Marston Associates, Inc. for Real Estate Economic and Affordable Housing Consulting Services for Fiscal Year 2008-09 23.1 Approve an agreement with Keyser Marston Associates, Inc. in the amount of $65,000 to provide as-needed Real Estate Economic Consulting Services for Fiscal Year 2008-09 and Authorize the Redevelopment Chairperson to execute the agreement; 23.2 Approve an agreement with Keyser Marston Associates, Inc. in the amount of $60,000 to provide as-needed Affordable Housing Consulting Services for Fiscal Year 2008-09 and Authorize the Redevelopment Chairperson to execute the agreement. 24 Amendment of the First Time Homebuyer Program RECOMMENDATION: 24.1 Adopt a resolution entitled: RESOLUTION NO. RDA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A REVISED FIRST TIME HOME BUYER PROGRAM RDA DEPARTMENTAL REPORT 25 Redevelopment Department Monthly Report RECOMMENDATION: RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT TPFA CONSENT CALENDAR 26 Minutes RECOMMENDATION: 26.1 Approve the minutes of May 13, 2008. 27 Authorization of Special Tax Lew in Community Facilities District No. 03-1 (Crowne Hill) RECOMMENDATION: 27.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-1 {CROWNE HILL) 28 Authorization of Special Tax Lew in Community Facilities District No. 01-2 (Harveston) RECOMMENDATION: 28.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 0$- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON) 29 Authorization of Special Tax Lew in Community Facilities District No. 03-6 (Harveston II) RECOMMENDATION: 29.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-6 (HARVESTON II) 30 Authorization of Special Tax Lew in Community Facilities District Na. 03-2 (Roripaugh Ranch RECOMMENDATION: 30.1 Adapt a resolution entitled: RESOLUTION NO. TPFA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-2 (RORIPAUGH RANCH) 31 Authorization of Special Tax Lew in Community Facilities District No. 03-3 (Wolf Creek) RECOMMENDATION: 31.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-3 (WOLF CREEK) 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 projects} 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 32 Adopt updated Water Efficient Landscape Design Standards RECOMMENDATION: 32.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.32 OF THE TEMECULA MUNICIPAL CODE TO UPDATE THE WATER EFFICIENT LANDSCAPE DESIGN STANDARDS 33 Proposed Development Code Amendments to Add New Policies and to Clarify Existing Provisions of the Development Code (LR08-0032) RECOMMENDATION: 33.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE TEMPORARY USE PERMIT REQUIREMENTS, TO ALLOW MORE 10 FLEXIBILITY IN THE NUMBER OF DAYS PER YEAR FOR OUTDOOR DISPLAY AND SALES, ALLOW SECOND DWELLING UNITS TO BE LOCATED WITHIN THE FRONT YARDS OF L-1, VL, RR, HR RESIDENTIAL ZONING DISTRICTS, ELIMINATE COVERED PARKING REQUIREMENT FOR CONGREGATE CARE FACILITIES, AMEND SIGN STANDARDS TO PROHIBIT ADVERTISING A BRAND NAME PRODUCT ON PERMANENT SIGNS (EXCEPT WHEN THE BRAND NAME PRODUCT IS THE PRIMARY NAME OF THE BUSINESS BEING ADVERTISED), ALLOW FUTURE TENANT IDENTIFICATION SIGNS TO BE PERMITTED UPON ENTITLEMENT, PROVIDE ADDITIONAL STANDARDS FOR DETACHED TEMPORARY BANNER SIGNS, AND MAKE OTHER MINOR CLARIFICATIONS OR TYPOGRAPHICAL CORRECTIONS CITY COUNCIL BUSINESS 34 Development of a City Sustainability Program Plan (Long Range Planning Project Number LR08-0007), which includes recommendations for endorsement of the California Green Builder rating system for residential homes and a Municipal Green Building Policy tLR08- 0001) RECOMMENDATION: 34.1 Provide staff direction to continue with the development of a City Sustainability Plan as outline by staff; 34.2 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENDORSING THE CALIFORNIA GREEN BUILDER PROGRAM (CGB) FOR NEW SINGLE-FAMILY RESIDENTIAL PRODUCTION HOMES, AND REQUIRING ALL NEW CONSTRUCTION AND ADDITIONS TO CITY OWNED FACILITIES TO BE DESIGNED AND CONSTRUCTED TO ACHIEVE A MINIMUM LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFIED RATING (LONG RANGE PLANNING NUMBER LR08-0001 DEPARTMENTAL REPORTS 35 Planning Department Monthly Report 36 Economic Development Department Report for the Months of May and June 2008 37 City Council TraveUConference Report -June 2008 38 Police Department Monthly Report 39 Public Works Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT 11 ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, August 12, 2008, at 5:30 P.M., for a Closed Session with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. The entire agenda packet (including staff reports) may be available for viewing at City Hall- 43200 Business Park Drive, Temecula-and at the Temecula Library- 30600 Pauba Road, Temecula- during normal business hours. The packet will be available for viewing the Friday before the City Council meeting after 4:00 PM. You may access the packet on the City's website- cityoftemecula.org- which as well vNll be available the Friday before the City Council meeting after 4:00 PM. 12 ca ~ c. vv o o ,H ~ ~ ~ ~ a p va , ~ ~ o ~ v ~~ z ?G," ~~ a ~~ `~ _ v o ~ ~ ~~ ~ ~ 0 3 b ~v ~ U N ~ ~ y ~ ~~ ~ ~~ 0 ~ ~ ~ ~ ~ ~ ~ ~' ~ ~~ ~ ~ ~~N ~ ~ v ~ h ~~ G ? ~ ~ ,~ ~ as ~ W ~ U a-+ ~ ` ~ ~ ,ti ~ ~ ~~ U ov ~ ~~ ~x ,~~ ~ O ° ~~ ~ ~ r ~ ~, a 4. 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Present: Council Members: Comerchero, Edwards, Roberts, Washington, Naggar Absent: Council Members: None PRELUDE MUSIC The prelude music was provided by Jesse and Joseph Kay I NVOCATIO N The invocation was provided by Pastor John Wagner of St. Katherine's of Alexandria Catholic Church PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Roberts PRESENTATIONSIPROCLAMATIONS Proclamation for Howard Windsor Having served the City of Temecula since 1996 as its Fire Chief, Mayor Naggar on behalf of the City of Temecula proclaimed June 10, 2008 to be Howard Windsor Day and wished him well on his new endeavors. Certificate of Honor recoanizina Lieutenant Colonel William G. Hall Honoring the late Lieutenant Colonel William G. Hall for serving his country, Mayor Naggar presented his family with a Certificate of Honor. On behalf of the Marine Corps League, Mr. Pecheous presented Mrs. Hall with a Certificate of Honorfor her husband's honorable service and dedication to his country. PUBLIC COMMENT A. Ms. Teri Karr, Temecula, proposed that the City offer a banner program which would honor men and women in the City that have served their Country. In response to Ms. Karr's proposal, Mayor Naggar suggested that she contact either Mayor Pra Tem Edwards ar Council Member Washington who both serve on the Military Ad Hoc Subcommittee. Council Member Washington noted that he would be hopeful to add the Marine Corps League to this ad hoc subcommittee. R:1Mi n utes1061008 B. Ms. Vicki Long and Ms. Sarah Barette, representing the Preservation of Open Space Group, thanked the City Council for its efforts in the proposed annexation process with respect to the open space area on the south end of Temecula, and encouraged the City Council to continue on this mission. CITY COUNCIL REPORTS A. Advising of the new temporary fire station in Glen Oaks, Council Member Roberts informed the public of its services until a permanent station will be opened; and invited the public to attend its ribbon cutting ceremony on Thursday, July 3, 2008 at 10:00 a.m. at the temporary fire station. B. Commenting on the preservation of open space, Council Member Comerchero noted that a full report will be forwarded to the Council for review and consideration when more information is available; and advised that the ad hoc subcommittee would be happy to work with the Preservation of Open Space Group. Council Member Comerchero enthusiastically spoke regarding implementing a Junior Temecula Citizen Corps, noting that more information will be forwarded as it becomes available. D. Mayor Pro Tem Edwards advised that a Coast Guard Recruiting Station has moved to the City and suggested that she, along with Council Member Washington, inquire if the representatives of this station would be interested in joining the Military Ad Hoc Subcommittee. E. Mayor Naggar commented on the recent Youth in Government Program held at City Hall and gave kudos to staff for the efforts with respect to this program. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of April 22, 2008; 2.2 Approve the minutes of May 13, 2008. R:1Mi n utes1061008 2 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 08-47 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 April 30, 2008 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of April 30, 2008. 5 Approval of Election Resolutions RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 08-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE SERVICES OF THE COUNTY REGISTRAR OF VOTERS TO CONDUCT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008 5.2 Adopt a resolution entitled: RESOLUTION NO. 08-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES 6 Memorandum of Understanding {M.O.U.) 2008 RECOMMENDATION: 6.1 Approve the Memorandum of Understanding (M.O.U.) between the City and the represented employees of the California Teamsters Public, Professional, and Medical Employees Union Local 911. R:1Mi n utes1061008 3 7 Public Works Fiscal Year 2008-2009 Annual Maintenance Contracts RECOMMENDATION: 7.1 Approve the Annual Maintenance Contracts for Fiscal Year 2008-2009. 1. Becker Engineering $200,000.00 2. Del Rio Enterprises $ 50,000.00 3. Imperial Paving Co., Inc. $200,000.00 4. Monteleone Development $200,000.00 5. NPG Corporation $ 50,000.00 6. Pacific Striping, Inc. $100,000.00 7. Rene's Commercial Management $200,000.00 8. Road Works, Inc. $ 50,000.00 9. Strong's Painting $ 50,000.00 8 Third Amendment to Construction Contract for Fiscal Year 2008-2009 Citywide Street Striping Program -Project No. PW05-02 RECOMMENDATION: 8.1 Approve the Third Amendment to the Construction Contract with Pacific Striping, Inc. for Fiscal Year 2008-2009 Citywide Street Striping, Project Na. PW05-02 for an amount of $275,000 and authorize the Mayor to execute the amendment. 9 Annual Purchase Agreement for Citywide Street Name Signs far Fiscal Year 2008-2009 RECOMMENDATION: 9.1 Approve an annual agreement with Main Street Signs for the purchase of Citywide street name signs, traffic control signs, replacements, and materials for repairs in the amount of Seventy-Five Thousand Dollars and No Cents ($75,000) for Fiscal Year 2008-2009, and authorize the Mayor to execute the agreement. 10 Annual Purchase Agreement for FY 2008-2009 for the Purchase of Asphalt Products RECOMMENDATION: 10.1 Approve the purchase agreement for Fiscal Year 2008-2009 with CalMat (dba Vulcan Materials Company) for the purchase of Hot Mix Asphalt and SS1 H Emulsion Tack for street and pothole repairs in the amount of One Hundred Thousand Dollars and No Cents ($100,000) and authorize the Mayor to execute the agreement. R:1Mi n utes1061008 11 Annual Purchase Agreement for FY2008-2009 for the purchase of Traffic Control Materials for various Citywide Projects RECOMMENDATIONS: 11.1 Approve the purchase agreement for Fiscal Year 2008-2009 with Traffic Control Services for the purchase of traffic control materials for various Citywide projects, in the amount of Fifty Thousand Dollars and No Cents ($50,000) and authorize the Mayor to execute the agreement. 12 First Amendment to Contract with West Coast Arborists for Citywide Tree Maintenance Service RECOMMENDATION: 12.1 Approve the First Amendment to the Citywide Tree Trimming Maintenance Service Contract to West Coast Arborists, Inc., for $150,000 for Fiscal Year 2008-2009 and authorize the Mayor to execute the contract; 12.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $15,000, which is equal to 10% of the contract amount. 13 Authorize Temporary Street Closure for the Street Painting Festival in Old Tawn {Fourth Street between Murrieta Creek and Mercedes Street) RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 08-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CLOSURE OF A PORTION OF FOURTH STREET FOR THE STREET PAINTING FESTIVAL AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT 14 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Old Town Infrastructure Project -Parking Structure, Office and Retail, Project No. PV1106-07 {1 D} RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 08-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE PLANS AND SPECIFICATIONS FOR THE OLD TOWN INFRASTRUCTURE PROJECT (PARKING STRUCTURE, OFFICE AND RETAIL, PW06-07) AND AUTHORIZING THE SOLICITATION OF CONSTRUCTION BIDS R:1Mi n utes1061008 15 Professional Engineering Services Agreement with Nolte Associates, Inc. for a Bridge Alignment Study. Temecula Creek Crossing; Project No. PW08-03 RECOMMENDATION: 15.1 Approve the Professional Engineering Services Agreement with Nolte Associates, Inc. fora Bridge Alignment Study for the Temecula Creek Crossing for access to Temecula Parkway, Project No. PW08-03, in the amount of $87,923, and authorize the Mayor to execute the agreement; 15.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $8,792, which is equal to 10% of the agreement amount. 16 First Amendment for Procurement of Computerized Maintenance Management Software RECOMMENDATION: 16.1 Approve an amendment to the agreement far the purchase of Computerized Maintenance Management System (CMMS) software from GBA Masters, Inc. in the annual amount of $34,500 commencing FY 2008-09 for a three year total of $103,500, and authorize the Mayor to execute the amendment. 17 Voter Approved Measure C Annual Special Tax Lew RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 08-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2008-2009 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS MOTION: Council Member Comerchero moved to approve the Consent Calendar. Mayor Pro Tem Edwards seconded the motion and electronic vote reflected unanimous approval. At 7:36 p.m., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:49 p.m., the City Council resumed with regular business. R:1Mi n utes1061008 CITY COUNCIL BUSINESS 28 Review and Adoption of the FY 2008-09 Annual Operating Budget RECOMMENDATION: 28.1 Adopt a resolution entitled: RESOLUTION NO. 08-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FY 2008-09 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 2$.2 Adopt a resolution entitled: RESOLUTION NO. 08-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 28.3 Adopt a resolution entitled: RESOLUTION NO. 08-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2008-09 By way of PowerPoint Presentation, City Manager Nelson highlighted the main components of the FY 2008-09 Annual Operating Budget as follows: • Total Projected Revenues $63,935,627 • Total Projected Expenditures $62,867,844 • Fund Balance Designated for Economic Uncertainty o Increase to $12.57 million, 20% of General Fund expenditure budget • Public Safety o $730,000 increase o Maintaining 111 sworn officers, exceeding the City's one officer per every 1,000 residents 0 1 Sworn Officer per 910 residents 0 1 Patrol Officer Converted to K-9 Handler o TCC and CAP Volunteer Programs o Addition of Roripaugh Fire Station o Continued 4.0 Staffing on Fire Engines • Revenue Excess Sharing in Temecula {REST) o Contribution will increase to $7.88 million o City's contribution to supplement the Measure C Special Tax • Additional Budget Highlights o No New Positions o Positions Re-classed: 8 o $90,000 for Upcoming Election Costs o $125,000 for Development Impact FeelUser Fee Studies o Quality of Life Study R:1Mi n utes1061008 o Traffic Circulation Study - $400,000 General Fund/$100,000 RDA o $825,217 Proposition 1 B funding for Street Expenditures o Debt Service Expenditures of $1.1 million due to Issuance of 2007 (Certificates of Participation) Bonds • Five-Year General Fund Project o Projecting Revenues will balance with City's Expenditures in five-years City Manager Nelson stated that the City's main goal for its citizens would be public safety; reiterated that the Roripaugh Fire Station was not built by the City but by the developer who failed to build the road to access the station; relayed that the City requires that infrastructure and public facilities be built prior to homes being developed; and stated that if developers are unable to meet the City's Conditions of Approval, building permits will not be issued. Council Member Washington apprised the Council of a presentation given by the County Assessor's Office with regard to property taxes. Mayor Naggar explained the Five-Year General Fund Project. MOTION: Council Member Comerchero moved to approve staff recommendation. Council Member Roberts seconded the motion and electronic vote reflected unanimous approval. 29 Review and Adoption of the FY 2009-13 Capital Improvement Program - RECOMMENDATION: 29.1 Adopt a resolution entitled: RESOLUTION NO. 08-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FY 2009-13 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2008-09 City Manager Nelson, by way of PowerPoint Presentation, highlighted the following main components of the FY 2009-13 Capital Improvement Program as follows: CIP Projects for 2009 - 2013 • Traffic Circulation 25 o French Valley Interchange o I-15/79 South Ultimate Interchange o Pechanga Parkway Improvements Phase II • Other Notable Circulation Projects o Pavement Management Program o Main Street Bridge o Overland Drive Extension o Winchester Road Median Beautification o Nicholas Valley Assessment District (Liefer Road) • Public Facilities 22 o Fire Station 95 Roripaugh o Civic Center o Temecula Community Center Expansion on Pujol Street o Escallier House Relocation R:1Mi n utes1061008 8 • Murrieta Creek Multi Purpose Trail o Improve Pedestrian, Bike and Equestrian Access to Old Town o Establish Connectivity to Existing Trail Improvements o Transportation Enhancement Activities Program Grant • Parks 20 o Redhawk Park Improvements o Roripaugh Ranch Open Space and Trails o Roller Hockey Rink Renovation o Children's Museum Refurbishment With respect to the Capital Improvement Program, Mayor Naggar requested that a placement page made with respect to adding a police substation on the one-acre piece of land owned by the City near the Wolf Creek Fire Station to be considered far the next fiscal year. MOTION: Council Member Roberts moved to approve staff recommendation. Council Member Comerchero seconded the motion and electronic vote reflected unanimous approval. CITY MANAGER REPORT Thanking the City Council for its ongoing support, City Manager Nelson commended staff far their effort and efficiency in completing budget documents. CITY ATTORNEY REPORT With respect to Closed Session, City Attorney Thorson advised that the City Council gave direction to staff with respect to litigation but that there was no formal action to report. ADJOURNMENT At 8:30 p.m. the City Council meeting was formally adjourned to Tuesday, June 24, 2008, at 5:30 p.m. for a Closed Session, with regular session commencing at 7:00 p.m. City Council Chambers, 43200 Business Park Drive, Temecula, California. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:1Mi n utes1061008 9 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JUNE 24, 2008 The City Council convened in Closed Session at 6:00 p.m. and its regular meeting commenced at 7:00 p.m. on Tuesday, June 24, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Roberts, Washington, Edwards Absent: Council Members: Naggar PRELUDE MUSIC The prelude music was provided by Jacqueline Unpingco and Andrew Johnson I NVOCATIO N The invocation was provided by Pastor John Wells of Mountain View Community Church PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Washington PRESENTATIONSIPROCLAMATIONS Certificate of Achievement to Melissa Donaldson Commending the outstanding achievement of Melissa Donaldson for her commitment to the Safe Alternatives for Everyone {SAFE}Program, Mayor Pro Tem Edwards honored her with a Certificate of Achievement. Ms. Donaldson thanked the City Council far the recognition. Special Presentation to Pat Vesey In honor of his successful production of the Old Town Temecula Annual Rod Run, Mayor Pro Tem Edwards presented Mr. Vesey with a Distinguished Community Service Award. Thanking the City Council for the award, Mr. Vesey has relayed his enthusiasm working with City staff throughout the years. PUBLIC COMMENT A. Relaying his concern with the current water shortage, Mr. Charles Rear, Temecula, advised that Temecula Valley High School and City parks are currently being watered in the middle of the day, advising that an enormous amount of water is wasted. City Manager Nelson noted that staff will contact the Temecula Valley School District regarding Mr. Rear's concern. R:1Mi n utes1062408 B. Mr. John Telesio, Temecula, commended Ms. Eve Craig for her long-time commitment to the community. CITY COUNCIL REPORTS A. Council Member Roberts requested that Verzion be contacted to ensure that Temecula's weather be shown on the Weather Channel (49). Mr. Roberts also requested that Mr. Larry Markham provide a brief report with respect to the future implementation of two Peaker Power Plants in French Valley. B. Commenting on the rates and charges of Southern California Edison's tiered system, Council Member Comerchero noted that staff is working with Southern California Edison to resolve its rates and charges and noted that the residents will be kept apprised of any new information. C. Council Member Washington commented on a Public Utilities Commission meeting he attended with Assistant City Manager Adams and voiced the inequities regarding base line rates and charges for the Inland Empire; noted that he would be hopeful to provide more information after the January 2009 Public Utilities Commission meeting; and informed that if the temperatures become extreme in the City, cooling centers will be available to the public. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of May 21, 2008; 2.2 Approve the minutes of May 27, 2008. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 08-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A R:1Mi n utes1062408 2 4 TrusteelFiscal Agent Services far Fiscal Year 2008-09 RECOMMENDATION 4.1 Approve the expenditure of $50,615 for annual TrusteelFiscal Agent services provided by US Bank for the City's Community Facilities Districts, Assessment District, Tax Allocation Bonds, and Certificates of Participation for Fiscal Year 2008- 09. 5 Fire/EMS Protection Agreement for Fiscal Year 2008-09 RECOMMENDATION: 5.1 Approve the Cooperative Agreement with the County of Riverside to provide fire protection, fire prevention, rescue service through June 30, 2011. 6 Fourth Amendment to Agreement far Law Enforcement Services RECOMMENDATION: 6.1 Approve the Fourth Amendment to the Agreement for Law Enforcement Services between the County of Riverside and the City of Temecula to include converting one Patrol Officer to a K9 Handler, converting three Community Policing Team Officers to Mall Officers, and converting seven Community Policing Team Officers to Special Enforcement Team Officers. 7 Cooperative Agreement for Community Development Block Grant (CDBG) Funds for Fiscal Years 2009-11 RECOMMENDATION: 7.1 Authorize the City Manager to execute the Cooperation Agreement for Community Development Block Grants Funds for Fiscal Year 2009-11. 7.2 Adopt a resolution entitled: RESOLUTION NO. 08-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE COOPERATION AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR FISCAL YEARS 2009-10, 2010-11, 2011-12, AND AUTHORIZING THE MAYOR TO EXECUTE THE COOPERATION AGREEMENT R:1Mi n utes1062408 8 Agreement for State Lobbyist RECOMMENDATION: 8.1 Approve athree-year contract for State lobbying services with Ellison Wilson Group, LLC in an annual amount of $42,000. 9 Agreement for Lobbyist Services with David Turch & Associates RECOMMENDATION: 9.1 Approve athree-year contract far Federal legislative services to be provided by David Turch & Associates in the amount of $42,000. 10 Second Amendment to Professional Services Agreement - T.Y. Lin International Preparation of Plans, Specifications, and Estimate for the Western Bypass Bridge over Murrieta Creek - Praiect No. PW06-04 RECOMMENDATION: 10.1 Approve a Second Amendment with T.Y. Lin International in an amount not to exceed $222,568 to prepare Plans, Specifications, and Estimate for the Western Bypass Bridge Over Murrieta Creek, Project No. PW06-04, and authorize the Mayor to execute the agreement effective July 1, 2008; 10.2 Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $22,258.80, which is equal to 10% of this Second Amendment amount; 10.3 Authorize the advance of Capital Reserves in the amount of $244,824.80, the amount of this Second Amendment and 10% contingency, until the TUMF agreement is approved. 11 Amend the scope of work for the Citywide Concrete Repairs FY2007-08, Project No. PW08- 01 RECOMMENDATION: 11.1 Amend the scope of work for the subject project to expend previously budgeted funds; 1 1.2 Increase the City Manager's change order approval authority by $31,288.75. 12 Amend the scope of work for the Citywide Slurry Seal Project FY2007-2008, Project No. PWas-a2 RECOMMENDATION: 12.1 Amend the scope of work for the subject project to expend previously budgeted funds; 12.2 Increase the City Manager's change order approval authority by $23,500.15. R:1Mi n utes1062408 4 13 Project Funding, Acceptance of Improvements, and Notice of Completion for the Rancho California Road Widening South Side from I-15 to Old Town Front Street /Jefferson Avenue, Project No. PW02-19 RECOMMENDATION: 13.1 Approve an increase in contingency funds of $126,615.24 and authorize the City Manager to approve change orders not to exceed the total contingency amount of $284,110.34; 13.2 Accept the Rancho California Raad Widening South Side from I-15 to Old Town Front Street /Jefferson Avenue Project No. PW02-19, as complete; 13.3 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one {1} year Maintenance Bond in the amount of 10°l0 of the contract amount; 13.4 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 14 Professional Services Agreements for Real Estate Appraisal Services for various Capital Improvement Projects for Fiscal Year 2008-2009 RECOMMENDATION: 14.1 Approve an agreement with Mason & Mason Real Estate Appraisers & Consultants in the amount of $50,000 to provide as needed real estate appraisal services; 14.2 Approve an agreement with Riggs & Riggs, Inc. in the amount of $50,000 to provide as needed real estate appraisal services; 14.3 Approve an agreement with Lea Associates, Inc. in the amount of $50,000 to provide as needed real estate appraisal services; 14.4 Approve an agreement with BTI Appraisal in the amount of $50,000 to provide as needed real estate appraisal services; 14.5 Approve an agreement with Warren H. Neville, MAI in the amount of $50,000 to provide as needed real estate appraisal services; 14.6 Approve an agreement with Robert Shea Perdue Real Estate Appraisal in the amount of $50,000 to provide as needed real estate appraisal services; 14.7 Authorize the Mayor to execute the agreements. R:1Mi n utes1062408 5 15 Professional Services Agreements for Geotechnical and Material Testing Services for various Capital Improvement Projects for Fiscal Year 2008-2009 RECOMMENDATION: 15.1 Approve the agreement with Petra Geotechnical, Inc. in the amount of $100,000 to provide as needed geotechnical and material testing services; 15.2 Approve the agreement with Leighton Consulting, Inc. in the amount of $100,000 to provide as needed geotechnical and material testing services; 15.3 Authorize the Mayor to execute the agreements. 16 Professional Services Agreements for Engineering and Construction Survey Services for various Capital Improvement Protects for Fiscal Year 2008-2009 RECOMMENDATION: 16.1 Approve the agreement with Hall & Foreman, Inc. in the amount of $100,000 to provide as needed engineering and construction survey services; 16.2 Approve the agreement with David Evans and Associates, Inc. in the amount of $100,000 to provide as needed engineering and construction survey services; 16.3 Authorize the Mayor to execute the agreements. 17 Authorize Temporary Street Closure of Pauba Road between Margarita Raad and Showalter Road for the "July 4th, 2008 Fireworks ShovV" and Delegate Authority to Issue Special EventslStreet Closures Permit to Director of Public Works RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 08-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF PAUBA ROAD BETWEEN MARGARITA ROAD AND SHOWALTER ROAD FOR THE "JULY 4TH 2008, FIREWORKS SHOW", AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES R:1Mi n utes1062408 18 Authorize Temporary Street Closure of Old Town Front Street between Moreno Road and 2nd Street; Main Street from Bridge to Old Town Front Street; 2nd Street; 3rd Street; 4th Street; 5th Street; 6th Street; and Mercedes Street between Moreno Road and 2nd Street for the "Star Spangled 4th of July Parade" and Delegate Authority to Issue Special Events/Street Closures Permit to the Director of Public Works RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 08-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF OLD TOWN FRONT STREET BETWEEN MORENO ROAD AND 2ND STREET; MAIN STREET FROM THE BRIDGE TO OLD TOWN FRONT STREET; 2ND STREET; 3RD STREET; 4TH STREET; 5TH STREET; 6TH STREET; AND MERCEDES STREET BETWEEN MORENO ROAD AND 2ND STREET FOR THE "STAR SPANGLED 4TH OF JULY PARADE" AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 19 Western Bypass Corridor, northern segment alignment, Project No. PW05-10 RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. 08-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE ALIGNMENT FOR THE WESTERN BYPASS CORRIDOR FROM CHERRY STREET TO JUST SOUTH OF RANCHO CALIFORNIA ROAD, STATION 208+00 AS PLANNED, AND MAKING FINDINGS WITH RESPECT THERETO 20 Authorize Temporary Street Closure of Portions of Main Street and Third Street far the "Temecula Valley International Jazz Festival" event scheduled for July 10, 11, 12, and 13, 2008 and Delegate Authority to Issue a Special Events/Street Closures Permit to the Director of Public Works RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 08-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF PORTIONS OF MAIN STREET AND THIRD STREET FOR THE "TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL" EVENT SCHEDULED FOR JULY 10, 11, 12, AND 13, 2008 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES R:1Mi n utes1062408 21 Accept Offers of Dedication and Quitclaim Storm Drain Easements for Temecula Creek Channel -Meadows Greenbelt Lateral to Riverside County Flood Control and Water Conservation District RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. 08-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE OFFERS OF DEDICATION AND EXECUTING THE QUITCLAIM DEEDS WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT {RCFC &WCD} DRAINAGE EASEMENTS FOR TEMECULA CREEK CHANNEL -MEADOWS GREENBELT LATERAL {TRACTS 24186-1 & 2, 24188-2 PASEO DEL SOL DEVELOPMENT} 22 Execution of Quit Claim Deeds Whereby City grants to Riverside County Flood Control and Water Conservation District (RCFC & WCD) a Drainage Easement for Gabbiano Drive Storm Drain (Tract Map No. 24182-3) RECOMMENDATION: 22.1 Adopt a resolution entitled: RESOLUTION NO. 08-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXECUTING THE QUITCLAIM DEEDS WHEREBY CITY GRANTS TO RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT {RCFC &WCD} A DRAINAGE EASEMENT FOR GABBIANO DRIVE STORM DRAIN {TRACT MAP NO. 24182-3} 23 Arts Council of Temecula Valley Special Event Community Grant Agreement RECOMMENDATION: 23.1 Approve a Special Event Community Grant Agreement between the City of Temecula and the Arts Council of Temecula Valley {Arts Council) in the amount of ~2o,ooa. 24 Acceptance of Grant Deed -Wolf Creek Civic Use Parcel RECOMMENDATION: 24.1 Authorize acceptance of the Grant Deed for the Wolf Creek Civic Use Parcel Tract Map 29305 Lot 27, located in the Wolf Creek development and direct staff to proceed with the necessary actions to cause the deed to be recorded. R:1Mi n utes1062408 25 Agreement for Plan Review Services with Esgil Corporation RECOMMENDATION: 25.1 Approve an agreement for Consulting Services with Esgil Corporation to provide Plan Check Services for Fiscal Year 2008/2009 in the amount of $150,000. 26 Agreement for Plan Review Services with Interwest Consulting RECOMMENDATION: 26.1 Approve an agreement for Consultant Services far Plan Check Review for Fiscal Year 2008/2009 with Interwest Consultants in an amount not to exceed $50,000. 27 Agreement for Architectural Consultant Services between the City of Temecula and Roger Cantrell RECOMMENDATION: 27.1 Approve a contract with Roger Cantrell for architectural plan review services in the amount of $50,000 for fiscal year 2008-09. 28 Accela/Permits Plus Annual Maintenance Agreement RECOMMENDATION: 28.1 Authorize the purchase of the annual maintenance support agreement for the following Accela/Permits Plus Applications: Permits Plus Base, Client Server, Office Link, and Wireless Modules, for the total amount of $38,185.99; 28.2 Authorize the City Manager to approve the contingency amount of $3,818.99, which is equal to 10% of the contract amount. MOTION: Council Member Washington moved to approve the Consent Calendar. Council Member Comerchero seconded the motion and electronic vote reflected approval with the exception of Mayor Naggar who was absent. At 7:32 p.m., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:39 p.m., the City Council resumed with regular business. R:1Mi n utes1062408 9 PUBLIC HEARING 37 Planning Application Nos. PA08-0081 -Specific Plan Amendment to the Temecula Regional Center (TRC) Specific Plan and PA08-0003 -Promenade Mall Sign Program RECOMMENDATION: 37.1 Adopt a resolution entitled: RESOLUTION NO. 08-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO APPROVE PLANNING APPLICATION NUMBER PA08-0003, A SIGN PROGRAM FOR THE PROMENADE MALL MAIN STREET EXPANSION AND ENTRY UPDATES INCLUDING: ENTRY MONUMENTS, SITE DIRECTIONAL, MALL ENTRANCES, PARKING GARAGE DIRECTIONAL'S AND CAR COUNTERS, PARKING LOT DIRECTIONAL'S, DIRECTORIES, VALET, BANNERS, BLADE SIGNS, AND MAIN STREET TENANT SIGNS 37.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE TEMECULA REGIONAL CENTER SPECIFIC PLAN (SP NO. 263) TO AMEND THE SIGN CRITERIA AND TO ALLOW DAY SPAS AS A PERMITTED USE IN PLANNING AREAS 2 AND 3 LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER ROAD AND YNEZ ROAD (PLANNING APPLICATION NUMBER PA08-0081) By way of PowerPoint Presentation, Associate Planner Kitzerow highlighted the main components of staff's report {per agenda}, as follows: • Sign Program • Applicability • Not Applicable • New Logo • Old vs. New Theme • New Sign Examples • Main Street Signs • Off-Premise Parking Garage Signs • Specific Plan Amendment • Environmental Determination • Recommendation Associate Planner Kitzerow advised that she has not received any opposition from the public with respect to the proposed amendment to the Specific Plan. At this time, the public hearing was opened and due to no speakers, it was closed. The City Council commended staff and Forest City for their efforts with this project. R:IMinutes1062408 10 MOTION: Council Member Roberts moved to approve Item No. 37.1. Council Member Comerchero seconded the motion and electronic vote reflected approval with the exception of Mayor Naggar who was absent. At this time, City Attorney Thorson introduced and read by title only Ordinance 08-03. MOTION: Council Member Comerchero moved to approve Item No. 37.2. Council Member Roberts seconded the motion and electronic vote reflected approval with the exception of Mayor Naggar who was absent. 38 TUMF Fee Schedule for FY 2008-09 RECOMMENDATION: 38.1 Adopt a resolution entitled: RESOLUTION NO. 08-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE APPLICABLE TRANSPORTATION UNIFORM MITIGATION FEE {TUMF) SCHEDULE TO MAINTAIN FEE RATES AT FY 2007-08 LEVELS Director of Public Works Hughes provided a brief staff report (of record). At this time, the public hearing was opened and due to no speakers, it was closed. MOTION: Council Member Washington moved to approve staff recommendation. Council Member Roberts seconded the motion and electronic vote reflected approval with the exception of Mayor Naggar who was absent. CITY COUNCIL BUSINESS 39 Registration of Abandoned Residential Properties (at the request of Mayor Pro Tem Edwards RECOMMENDATION: 39.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.44 TO THE TEMECULA MUNICIPAL CODE RELATING TO THE MAINTENANCE OF RESIDENTIAL PROPERTIES AND THE REGISTRATION OF ABANDONED RESIDENTIAL PROPERTIES By way of PowerPoint Presentation, Director of Building and Safety Harold highlighted the implementation plan as well as staff's goals (per staff report). At this time, City Attorney Thorson read by title only Ordinance Na. 08-04. R:1Mi n utes1062408 11 MOTION: Council Member Comerchero moved to approve staff recommendation. Council Member Roberts seconded the motion and electronic vote reflected approval with the exception of Mayor Naggar who was absent. 40 Campaign Disclosure Ordinance RECOMMENDATION: 40.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10, CAMPAIGN DISCLOSURE REQUIREMENTS 40.2 Read by title only and adapt an ordinance entitled: ORDINANCE NO. 08-06 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10, CAMPAIGN DISCLOSURE REQUIREMENTS AND MAKING FINDINGS WITH RESPECT THERETO City Attorney Thorson provided a staff report (of record) In response to Council Member Washington, City Attorney Thorson advised that the proposed Ordinance would seek to expand existing rules and regulations to include committees that would meet the specific requirements of the Ordinance; advising that a committee would need to be involved in a Temecula election; that the definition of Committee, as per Government Code Section 81009.5, subsection (e) shall only apply to: {A) a Candidate's controlled committee or committees formed or existing primarily to support ar oppose their candidates; {B) committees formed or existing primarily to support or oppose a Candidate or Candidates; (C} committees formed or existing primarily to support or appose the qualifications of, ar the passage of, a ballot measure which is being voted on only in the City of Temecula. City Attorney Thorson also noted that an individual who chooses to use his own funds to oppose candidates running for reelection would not be subject to the Political Reform Act or the proposed Ordinance in question. Referencing requirements of disclosure, Council Member Comerchero requested clarification with respect to (B) committees formed or existing primarily to support or oppose a Candidate or Candidates, to which City Attorney Thorson advised that, per State Law, a candidate or candidates campaigning in another City as well as the City of Temecula would not be subject to the City's proposed Ordinance or State Law. In response to City Attorney Thorson's clarification, Council Member Comerchero relayed his disappointment with the proposed Ordinance; noted that it would be his opinion that the proposed Ordinance, as written, would not meet the City Council's intent, but rather only a small portion of the proposed Ordinance would meet the City Council's intent. R:1Mi n utes1062408 12 Understanding Council Member Comerchero's concern, City Attorney Thorson noted that the language in the proposed Ordinance is directly from the Political Reform Act which would limit the scope of local campaign disclosure Ordinances; and that the City Council would not have the purview to revise its language. Mayor Pro Tem Edwards relayed that the City Council's intent for the proposed Ordinance would be to provide full transparency for Temecula residents; that because of State Law limitations, a major portion of the Ordinance will not be providing full transparency; and therefore, the proposed Ordinance would defeat the City Council's purpose. Far the City Council, City Attorney Thorson noted that the Fair Political Practices Commission (FPPC) recognizes the concerns which have been raised and have recently completed a report with respect to independent expenditures; and that the FPPC is exploring the possibility of tightening the language with respect to disclosure requirements. Mayor Pro Tem Edwards stated that other than the committees that have formed to address a local campaign, the only way that the citizens of Temecula would know who has participated in political campaign would be through the 460 campaign reporting process. A. Mr. Wayne Hall, Temecula, relayed his concerns with the handlings of political campaigns. B. Mr. Fred Bartz, Temecula, stated that although the proposed Ordinance would not be without failure, it would be his opinion that it would still be important to approve the proposed Ordinance. C. Mr. Chris Pedersen, Temecula, relayed that although a Campaign Disclosure Ordinance would be important, the proposed Ordinance would defeat the City's intent and that there would be no point moving forward with the proposed Ordinance. City Attorney Thorson advised that the report prepared by the FPPC regarding independent expenditures, made five specific recommendations to tighten independent expenditures and State Laws relating to committees and its reporting processes; that it would be the City Council's purview to support legislature and FPPC enacting these types of recommendations and/or modify Government Code Section 81009.5 that would place restriction on the types of local Ordinances that deal with State-wide committees participating in local elections. Relaying his opinion, Council Member Roberts stated that although the proposed Ordinance may not be the City Council's full intent, it would be better than not having a Campaign Disclosure Ordinance in place; and that perhaps in the future there may be an opportunity to amend the Ordinance ensuring complete transparency. Offering more information, City Attorney Thorson advised it would be in the City Council's interest to draft a letter to the Fair Political Practice Commission (FPPC) encouraging the tightening of the language with respect to independent expenditures. Although disappointed with the restrictions of the proposed Ordinance, Council Member Comerchero expressed his support of the recommendation, as written, subject to staff drafting a letter to the FPPC detailing the importance of revising the language with respect to independent expenditures; and that a copy of the letter be sent to the elected representatives in Sacramento. Mayor Pro Tem Edwards briefly explained the purpose of the proposed Ordinance to the audience. R:1Mi n utes1062408 13 For Council Member Comerchero, City Attorney Thorson noted that if an individual/organization sought to retrieve information with respect to independent expenditures, it could be provided. At this time, City Attorney Thorson read by title only Ordinance 08-05. MOTION: Council Member Comerchero moved to approve Item No. 40.1, as written, subject to a letter being drafted to the FPPC recommending to revise its language with respect to independent expenditures. Council Member Washington seconded the motion and electronic vote reflected approval with the exception of Mayor Naggar who was absent. At this time, City Attorney Thorson read by title only Ordinance 08-06. MOTION: Council Member Comerchero moved to approve 40.2. Council Member Washington seconded the motion and electronic vote reflected approval with the exception of Mayor Naggar who was absent. 41 Old Town Local Review Board Annointments RECOMMENDATION 41.1 Appoint two applicants to serve full three-year terms on the Old Town Local Review Board through June 15, 2011. Deputy City Clerk Ballreich provided a brief staff report (of record) MOTION: Council Member Comerchero moved to accept the reappointment of Peg Moore and appointment of Gary Watts to serve full three-year terms on the Old Town Local Review Board. Council Member Comerchero seconded the motion and electronic vote reflected approval with the exception of Mayor Naggar who was absent. 42 Planning Commission Appointment RECOMMENDATION: 42.1 Appoint one applicant to serve a full three-year term on the Planning Commission through June 15, 2011. Deputy City Clerk Ballreich provided a brief staff report (of record) MOTION: Council Member Washington moved to accept the reappointment of Carl Carey to serve a full three-year term on the Planning Commission. Council Member Comerchero seconded the motion and electronic vote reflected approval with the exception of Mayor Naggar who was absent. CITY MANAGER REPORT No report at this time. R:1Mi n utes1062408 14 CITY ATTORNEY REPORT With respect to Closed Session, City Attorney Thorson advised that the City Council gave direction to staff with respect to a real property matter to the City's negotiator and advised that prior to any final action on the agreement by the City Council/Agency Board, the item will return as a public hearing item; and that there would be no action to report with respect to the litigation matter. As per the July 8, 2008, City Council meeting, City Attorney Thorson noted that Mayor Pro Tem Edwards did not attend the Closed Session concerning the Warehouse at Creekside LLC project. ADJOURNMENT At 8:51 p.m. the City Council meeting was formally adjourned to Tuesday, July 8, 2008, at 5:30 p.m. for a Closed Session, with regular session commencing at 7:00 p.m. City Council Chambers, 43200 Business Park Drive, Temecula, California. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:1Mi n utes1062408 15 ITEM RI~J. 3 Approvals City Attorney Director of Finance 5~~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: July 22, 2008 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Yonker, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: Resolution List of Demands RESOLUTION NO. a8- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLON-ING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $2,911,903.08. 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 22nd day of July, 2008. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of July, 2008, 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 07/02/2008 TOTAL CHECK RUN 07/10/2008 TOTAL CHECK RUN 07/10/2008 TOTAL PAYROLL RUN: $ 299,454.12 2,070,691.68 541,757.28 TOTAL LIST OF DEMANDS FOR 07/222008 COUNCIL MEETING: $ 2,911,903.08 DISBURSEMENTS BY FUND CHECKS: 001 GENERAL FUND $ 1,510,554.75 165 RDA LOW/MOD - 20% SET ASIDE 16,113.95 190 TEMECULA COMMUNITY SERVICES DISTRICT 454,333.57 192 TCSD SERVICE LEVEL B 139.46 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 81,67631 194 TCSD SERVICE LEVEL D 1,294.47 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 16,054.22 197 TEMECULA LIBRARY FUND 20,442.44 210 CAPITAL IMPROVEMENT PROJECTS FUND 160,270.12 280 REDEVELOPMENT AGENCY -CIP PROJECT 8,512.17 300 INSURANCE FUND 3,574.77 320 INFORMATION SYSTEMS 51,373.74 330 SUPPORT SERVICES 18,451.07 340 FACILITIES 27,354.76 $ 2,370,145.80 001 GENERAL FUND $ 326,662.49 165 RDA LOW/MOD - 20% SET ASIDE 7,67236 190 TEMECULA COMMUNITY SERVICES DISTRICT 150,585.42 192 TCSD SERVICE LEVEL B 142.48 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 5,24633 194 TCSD SERVICE LEVEL D 1,302.85 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,50831 197 TEMECULA LIBRARY FUND 36535 280 REDEVELOPMENT AGENCY -CIP PROJECT 5,152.77 300 INSURANCE FUND 1,35034 320 INFORMATION SYSTEMS 28,86333 330 SUPPORT SERVICES 3,97535 340 FACILITIES 8,929.90 541,757.28 TOTAL BY FUND: $ 2,911,903.08 apChkLst 07!02(2008 2:40:OOPM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 124983 06/30/2008 012106 DAVIS-TUCKER, LAURA release claims agreement payment 676.43 676.43 124984 06/3D12008 012107 SCOTT, LINDA release claims agreement payment 1,553.56 1,553.56 124985 06130!2008 012108 MC EWEN, CYNTHIA release claims agreement payment 606.00 606.00 124986 06130!2008 000249 PETTY CASH Petty Cash Reimbursement 1,019.95 1,019.95 124987 06/30/2008 OD2185 POSTMASTER postage:"Inside Temecula" gtrly nwsltrs 5,334.09 5,334.09 124988 07/01/2008 OD5116 CALIF DEPT OF STATE 07108 city tax pymt confirmation 100.00 100.OD CONTROLLER 124989 07l02r2008 OD1104 A R M A '08 ARMA mbrshp:S.JoneslG.Flores 440.00 440.OD 124990 07/0212008 007186 AB MAILING SOLUTIONS Mailing svcslbrochures:Theater 3,103.75 3,103.75 124991 07/0212008 010851 ADAMIAK, DAWN Reimb: July 4th Parade Supplies 73.61 73.61 124992 07/0212008 005058 ADAMS, AARON Reimb:Bio Int'I Conf:6/16-18/08 77.13 77.13 124993 07/0?J2008 OD8552 ADKINS DESIGN CONSULTING design svc Tem Presents:Theater 3,985.69 3,985.69 124994 07l0?J2008 012114 ALCOCER, ELIZ4BETH refund: summer camp/Cole 200.00 200.00 124995 07/02!2008 004767 ALERT ALL CORPORATION public education items:fire prevention 2,566.61 2,566.61 124996 07/0212008 009010 ALEXANDER PACIFIC Electrical srvcs:FOC 103.50 103.50 124997 07/0212008 006915 ALLIE'S PARTY EQUIPMENT Rental Equip:Expo:Sl17 &18 1,316.71 Rental Equip:Special Events:5/13-16 75.68 Rental Equip:Special Events:5/13-16 74.12 1,466.51 124998 07/02x2008 003203 ARTISTIC EMBROIDERY Promo Items:TCSD:Summer Concerts 657.44 657.44 124999 07/0212008 002713 BALLOONS GALORE Balloon Arch:Ribbon Cutting:3119 84.05 84.05 Page:1 apChkLst 07102!2008 2:40:OOPM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125000 07/0212008 003466 BASKETS & BALLOONS TOO! promo gift baskets:eco dev 181.02 promo gift baskets:eco dev 53.88 234.90 125001 D7l0212008 004040 BIG FOOT GRAPHICS TCSD instructor earnings 343.00 343.00 125002 07/0?J2008 004262 BIO-TOX LABORATORIES DUI & Drug Screenings: Police 1,185.70 DUI & Drug Screenings: Police 325.51 DUI & Drug Screenings: Police 507.00 2,018.21 125003 07102!2008 012104 BOWRON, PAULINE Refund:sr. excrsn:del marfair:6/26 12.00 12.00 125004 07/0?J2008 005384 CALIF BAGEL BAKERY & DELI refreshments: 6/10 Council mtg 271.40 271.40 125005 07/02/2008 001267 CALIF DEPT OF MOTOR DMV Vehicle Cade Boeks:police 208.88 208.88 VEHICLES 125006 07/0?J2008 004971 CANON FINANCIAL SERVICES, Copier lease pmt::City facilities 4,744.84 4,744.84 INC 125007 07/0212008 006114 CASEY, MARGIE Reimb: bluetooths Exec Staff 129.27 129.27 125008 07/02!2008 010434 CATERERS CAFE rfrshmnts:Southwest Comm mtgs 170.01 170.01 125009 07/0212008 000137 CHEVRON AND TEXACO City vehicles fuel: Police 1,946.44 1,946.44 125010 07/0212008 004609 CINTAS DOCUMENT May doc shredding svc:CH & PD 77.50 77.50 MANAGEMENT 125011 07/0212008 002756 COMPLETE EMBROIDERY embroidery svcs: police caps 284.46 284.46 DESIGNS 125012 07/02!2008 006303 CONDUIT NETWORKS, INC HP document scanner: IS 732.00 Network Services for City Hall 200.00 Network Services for City Hall 50.00 982.00 125013 07/0212008 001264 COSTCO WHOLESALE Misc supplies: Fire Prev 191.58 Refreshments:fire prevention mtgs 42.90 234.48 125014 07/0212008 003210 DALLAS MIDWEST Folding chairs:crc 1,006.07 1,006.07 125015 07/0212008 012116 DE PENA, PAULA right/entry PW06-0711 Civic Plaza 5,000.00 5,000.00 125016 0710212008 012115 DIXON, T.J. & NELSON, JAMES dsgn srvcs:Civic Center fountain prjt 500.OD 500.00 Paget apChkLst Final Check List Page: 3 07/02/2008 2:40:OOPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125017 07102!2008 001056 EXCEL LANDSCAPE Irrigation repairs:fire stn 73 437.12 437.12 125018 0710?J2008 000478 FAST SIGNS Signs for High Hopes Fair - 4/25 & 26 183.82 183.82 125019 07/02/2008 003747 FINE ARTS NETWORK Real Women Have Curves 612429 197.36 197.36 125020 07102/2008 003347 FIRST BANKCARD CENTER PALUMBOS RISTORANTE GR refreshments:interview panel 619 113.73 PAYPAL GR Verisign PayFlow Pro Transaction 59.95 SWING INN CAFE GY Refreshment:emerg mgmtftcc mtg 6/3 35.43 C P S HUMAN RESOURCES GY hr recruit screening test materials 968.00 SERVICES COUNTRY GARDEN GY refreshments:union mtg 6118 34.09 RESTAURANT AMERICAN AIRLINES HP Airfare:B.Beers 8112-17/08 509.00 TRADER JOE'S # 102 RR refreshments:mtg 5123 54.03 LAKE ARROWHEAD RESORT RR htI:SCAG regional mtg 615 92.88 LINDBERGH PARKING SAN RR Airprt Prkg:NLC TIS Steering Comm. 66.00 DIEGO RENAISSANCE RR HtI:NLC TIS Steering Camm 5/29-31 374.94 LAKE ARROWHEAD RESORT RR htI:SCAG regional mtg 615 12.00 LINDBERGH PARKING SAN RR Airprt Prkg:APTA Commuter Rail Cf 90.00 DIEGO AMERICAN AIRLINES RR Airfare:Conference 8/11108 289.OD STAPLES BUSINESS DU misc office supplies:Planning 161.37 ADVANTAGE SOUTHWEST AIRLINES DU Airfare:RDA Conf 7110-18!08 L.W. 162.00 SONY ELECTRONICS ING DU equip repairs:Planning 123.00 PICK UP STIX DU refreshments:Ping Comm.mtg 6118 171.32 DU bank charges 5.74 3,322.48 125021 07/0212008 011967 FULL VALUE ENTERTAINMENT sttlmt: Live at the Merc 6127 199.50 199.50 125022 07/0212008 003946 G T ENTERTAINMENT MC svcs: 4th of July Parade 150.00 150.00 125023 07/0?J2008 000177 GLENNIES OFFICE PRODUCTS Office Supplies: MPSC 697.13 INC Office Supplies: CRC 152.40 849.53 Page:3 apChkLst 07102!2008 2:40:OOPM Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125024 07/0212008 000175 GOVERNMENT FINANCE 08!09 Mb:300046484 Graciano 150.00 150.00 OFFICERS 125025 07/0?J2008 DD0520 H D L GOREN & CONE ING 07108 Property Tax Audit Svcs 1,889.51 1,889.51 125026 07/02/2008 012105 HAIKALA, SISKO Refund:sr excrsn:del mar fair:6/26 12.00 12.00 125027 07!0212008 000186 HANKS HARDWARE ING Hardware supplies: PWTraffic 319.97 Hardware supplies: PWTraffic 68.30 Hardware supplies: PWTraffic 21.66 Hardware supplies: Fire 1,180.42 Hardware supplies: Fire 365.48 Hardware supplies: B&SIGdEnf 49.27 2,005.1D 125028 07/0212008 004188 HARRIS & ASSOCIATES May eng svcs:R.CaI pvmnt rehab 12,500.00 Mar eng svcs:R.CaI pvmnt rehab 13,726.00 26,226.00 125029 07/0212008 001135 HEALTHPOINTE MEDICAL Emp Industrial Gare Svcs: HR 175.00 175.00 GROUPING 125030 07/0212008 003624 HOWELL, ANN MARIE photo design svcs:Eco Dev 905.10 photo design svcs:Eco Dev 240.00 photo design svcs:Eco Dev 120.00 1,265.10 125031 07/0212008 004219 INDUSTRIAL DISTRIBUTION Misc ind supplies:pw maint 165.07 165.07 GROUP 125032 0710212008 005579 INLAND EMPIRE PROPERTY Weed Abatement srvcs:pw maint 3,ZOO.OD 3,200.00 125033 07/0212008 006914 INNOVATIVE DOCUMENT Mar Copier maint & usage:City facilities 4,409.39 4,409.39 SOLUTIONS 125034 07/0212008 003266 IRON MOUNTAIN OFFSITE Records storage:IS back-up tape 461.11 461.11 125035 07/0212008 002424 KELLEY DISPLAY ING Banner maintenance:RDA 465.87 465.87 125036 07/0212008 001091 KEYSER MARSTON ASSOCIAT ES May cnslt svcs:RDA 1,723.13 1,723.13 ING 125D37 07102/2008 004412 LEANDER, KERRY D. TCSD instructor earnings 66.50 66.50 125038 07!0212008 007809 LOWERY, GINA Refund:Sec Dep/CRC 819 150.DD Refund:RentallCRC 8!9 24.00 Refund:RentaIlCRC 819 247.00 421.D0 Page:4 apChkLst Final Check List Page: 5 07/02/2008 2:40:OOPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125039 07102!2008 004068 MANALILI-DE VILLA, AILEEN TCSD Instructor Earnings 140.00 TCSD Instructor Earnings 220.50 TCSD Instructor Earnings 106.75 TCSD Instructor Earnings 124.25 TCSD Instructor Earnings 185.50 TCSD Instructor Earnings 234.50 1,011.50 125040 07/02/2008 001967 MANPOWER TEMPORARY Temp help w1e 06!15 A. Paed 728.61 728.61 SERVICES 125041 07/0?J2008 004307 MARINE BIOCHEMISTS Jun water maint srvcs:HarvlDuck Pond 4,855.00 4,855.00 125042 07/0?J2008 001384 MINUTEMAN PRESS Business cards:B.C.lL.S./A.B. 134.85 134.85 125043 07/0212008 010103 MIRAN ENTERPRISES INC Res Imprv Prgm: Thomsen, Marian 1,269.62 1,269.62 125044 07/0212008 004534 MOBILE SATELLITE VENTURES Jun EOC Stn Satellite Phone Svcs 72.88 72.88 LP 125045 07102!2008 010504 NEXTEL COMMUNICATIONS Apr 26-May 25 cellular equip:Police 75.41 75.41 125046 07/0?J2008 002139 NORTH COUNTY TIMES May advertising for Western Days 2008 696.73 696.73 125047 07102/2008 002139 NORTH COUNTY TIM ES May advertising:mpsc 19.80 19.80 125048 07l02r2008 002256 P & D CONSULTANTS INC May plan check review services-B&S 10,575.00 10,575.00 125049 07/02/2008 007638 PARDELL, CHRISTOPHER A. design srvcs:Civic Center fountain prjt 1,500.00 1,500.00 125050 07/0212008 009134 PARKER, MARIANNE computer purchase Prgm 1,754.D6 1,754.06 125051 07/0212008 011911 PERKS TEMECULA Refreshments:youth emp expo 4112 155.07 155.07 125052 07/0?J2008 011660 PLANNET CONSULTING May consulting srvcs:Givic Cntr Mstr Pln 19,811.91 19,811.91 125053 07/0?J2008 012111 PLEASANT LINE CORPORATION dsgn srvcs:Civic Center fountain prjt 1,500.00 1,500.00 125054 07/0?J2008 010338 POOL & ELECTRICAL PRODUCT S Pool supplies:crc & tcc 187.10 INC Pool supplies:crc & tcc 529.89 716.99 Pagea apChkLst Final Check List Page: 6 07/02/2008 2:40:OOPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125055 07102!2008 004519 PYRO SPECTACULARS ING Fireworks display:4th of July'08 34,500.00 34,500.00 125D56 0710?J2008 OD2176 RANCHO CALIF BUS PK ASSOC Jul-Sep business prk assn dues:FOC 1,051.03 Jul-Sep business prk assn dues:City Hall 1,273.98 Jul-Sep business prk assn dues:Diaz Rd 1,751.72 4,076.73 125057 07/0212008 002072 RANCHO CALIF WATER DIST- add'I chrgs(nstall meter:Rdhwk medians 5,328.88 5,328.88 FEES 125058 07102!2008 000262 RANCHO CALIF WATER DISTRICT Jun 01-08-38009-0 T.C.C. 51.62 Various Water Meters:TCSD 2,450.53 2,502.15 125059 07/0212008 002654 RANCHO FORD LINCOLN City veh repair & maint:code enforce 42.53 42.53 MERCURY 125060 07/02!2008 003761 RANCHO METALS & SUPPLY metal supply:pw maintenance 371.37 371.37 125061 07/0212008 011853 RANCON COMMERCE CNTR Jul-Sep business assn dues:FS 73 524.84 524.84 PH2,3&4 125062 07/0212008 000271 RBF CONSULTING Apr consulting srvcs:winchester corridor 1,972.92 1,972.92 125063 07/0?J2008 OD4584 REGENCY LIGHTING Misc lighting supplies:var park sites 1,263.82 1,263.82 125064 07/02/2008 002110 RENTAL SERVICE equip rental:PW mntc 36.64 CORPORATION equip rental:PW mntc 1,382.32 equip rental:PW mntc 17.10 1,436.06 125065 07/0212008 004498 REPUBLIC INTELLIGENT Apr traffic signal repair & maint:pw 2,183.37 2,183.37 125066 07/0212008 000353 RIVERSIDE CO AUDITOR Apr'OB prkg citation assessments 10,743.62 10,743.62 125067 07/02/2008 DD0411 RIVERSIDE CO FLOOD CONTROL permit feesladd'I deposit:mrr crk trail 2,233.22 2,233.22 125068 07/0212008 001592 RIVERSIDE CO INFO Apr radio rental & maint:PolicelPrk 1,686.08 1,686.08 TECHNOLOGY 125069 07/02/2008 012109 ROBINSON, TRACY refund:Toddler Swim LessonslEmily 36.00 refund:Toddler Swim Lessons~lliam 36.00 72.00 125070 07/02/2008 D12117 RODRIGUEZ, PATRICIA temp right of entry:Civic Plaza prjt 5,200.00 5,200.OD Page6 apChkLst Final Check List Page: 7 07/02/2008 2:40:OOPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125071 07/0212008 007209 SAN DIEGO, GOUNTYOF COSD InvSymp:7/15:GRIJSIPBlRG 100.00 100.00 125072 0710?J2008 012110 SENGDALA, SANTY refund:rentallcrc 11/15/08 Z05.OD refund:sec.deposit/crc 11115!08 150.00 355.00 125073 07/0?J2008 006712 SERVEN, RICK ee computer purchase prgm 2,000.00 2,000.00 125074 07/0212008 009213 SHERRY BERRY MUSIC Jazz @ the Merc 6!26/08 94.50 94.50 125075 07/0212008 004814 SIMON WONG ENGINEERING I NC Apr engineering srvcs:main st bridge 31,385.39 31,385.39 125076 07/0212008 000824 SO CALIF ASSN OF FY 08!09 agency membership dues 8,112.00 8,112.00 GOVERNMENTS 125077 07/02!2008 000537 SO CALIF EDISON Jun 2-29-29x3510 FS 92 1,495.95 Jun 2-29-2240173 Fire Stns 2,339.60 Jun 2-25-393-4681 TES Pool 1,024.41 Jun 2-18-937-3152 T.Museum 1,166.31 Jun 2-29-953-8082 Wolf Valley 20.15 Jun 2-19-171-8568 Wedding Chpl 73.89 Jun 2-29-933-3831 FOC 2,346.25 Jun 2-29-953-8249 Wolf Crk Dr PED 16.39 Jun 2-29-657-2787 Winchester Rd 18.08 Jun 2-14-2041615 Front St Rdio 40.92 Jun 2-02-351-4946 MPSC 1,811.83 Jun 2-20-817-9929 Police O.T. Stn 235.90 Jun 2-29-807-1226 Diaz Rd Irrigation 18.08 Jun 2-29-807-1093 Irrigation Diaz Rd 19.87 Jun 2-29-807-1382 Irrigation Meter 18.08 Jun 2-27-371-8494 Offsite Storage 26.71 Jun 2-29-223-8607 Old Twn PED 1,579.47 12,251.89 125078 07/0212008 001212 SO CALIF GAS COMPANY Jun 101-525-1560-6 FS 73 136.72 Jun 129-582-9784-3 FOC Bldg 48.43 Jun 091-085-1632-0 TES Pool 1,604.14 Jun 133-040-7373-0 West Wing 59.81 Jun 091-024-9300-5 CRC 2,274.79 4,123.89 125079 07/02/2008 002503 SOUTH COAST AIR QUALITY Jul '07 -Jun '08 AQMD fee:FS 84 141.11 Jul '07 -Jun '08 AQMD fee:City Hall 141.11 Jul '07 -Jun '08 AQMD fee:CRC 141.11 Jul '07 -Jun '08 AQMD fee:FOC Bldg 141.11 564.44 Page:? apChkLst 07/02/2008 2:40:OOPM Final Check List CITY OF TEMECULA Page: 8 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125080 07/0212008 000519 SOUTH COUNTY PEST CONTROL pest control srvcs:Paloma de Sal Prk 84.00 INC pest control srvcs:Margarita Prk 84.00 pest control srvcs:RRSP 84.00 252.00 125081 07/02x2008 OD7851 SOUTHCOAST HEATING & AIR Apr HVAC prevention maint: fs #192 130.00 HVAC repairs: Fire Station 92 89.01 219.01 125082 07/0?J2008 011667 T & T JANITORIAL INC Jun janitorial srvcs:City facilities 7,301.76 7,301.76 125083 07/0212008 010679 TEMECULA AUTO City vehicle repair - FS 84 152.50 152.50 REPAIRIRADIATOR 125084 07102!2008 010848 TEMECULA PLANTSCAPE Jun lease pmt:plants @ library 400.00 400.00 125085 07102!2008 011736 TEMECULA TROPHY INC 3 nameplates:J.W.1J.K./Police 24.78 24.78 125D86 0710?J2008 OD0919 TEMECULA VALLEY UNIFIED Apr City vehicles fuel usage 649.04 649.04 SCHOOL 125087 07/0?J2008 010276 TIME WARNER CABLE Jun high speed Internet mpsc 44.95 44.95 125088 07!0212008 000668 TIMMY D PRODUCTIONS INC entertainmentlsound:4th of July'08 19,5D0.00 19,500.OD 125089 07/0212008 004308 TOWNE & COUNTRY AUTO & Auto towing service:Police 65.00 65.00 TOWING 125090 07/0212008 004759 TWIN GRAPHICS City vehicle graphics:police units 1,131.38 1,131.38 125091 07/0212008 001561 U S A MOBILITY WIRELESS INC Jun paginglrental Svcs 171.49 171.49 125092 07/02!2008 004261 VERIZON Jun xxx-3526 fire alarm 101.16 Jun xxx-5696 Sports Complex 33.71 Jun xxx-5706 Field OPS Cntr 269.76 Jun xxx-2016 reverse 911 120.33 Jun xxx-7786 C. Washington 36.32 Jun xxx-2676 general usage 67.43 628.71 125093 07/0?J2008 D03730 WEST COAST ARBORISTS INC 511 6-3 110 8 Idscp maint:harv lake park 2,725.00 2,725.OD Grand total for UNION BANK OF CALIFORNIA: 2gg,454.12 Page:B apChkLst Final Check List Page: 9 07102J217Q8 2:40:UOPM CITY OF TEMECIJLA 111 checks in this report. Grand Tatal All Checks: 299,454.12 Page9 apChkLst Final Check List Page: 1 07l10/20D8 2:05:OOPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1086 07/10/2008 OD0245 PERS -HEALTH INSUR PREMIUM Blue Shield HMO Payment 0.00 PERS Health Admin Cost Payment 76,510.14 76,510.14 1087 07/10/2008 OD0444 INSTATAX (EDD) State Disability Ins Payment 25,204.13 25,204.13 1088 07110!2008 000283 INSTATAX (IRS) FederallncomeTaxesPayment 101,516.49 101,516.49 1089 07110!2008 000389 NATIONWIDE RETIREMENT OBRA-Project Retirement Payment 6,958.48 6,958.48 SOLUTION 1090 07110!2008 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 22,937.50 22,937.50 SOLUTION 1091 07110!2008 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 128,796.70 128,796.70 RETI REM ENT) 1092 07/10!2008 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 10,236.41 Child Care Reimbursement Payment O.OD 10,236.41 125094 07/09!2008 000418 RIVERSIDE CO CLERK & Ntcldetermination:Mercedes Benz Prjt 2,670.75 2,670.75 RECORDER 125095 07110!2008 009604 12MILESOUT.COM May-Jun video Svcs: Council mtgs 2,000.00 2,000.00 125096 07/10/2008 001985 A E P (ASSOG OF ENVIRO PROF) 08109 AEP mbrshp:West, Dale 140.00 140.OD 125097 07/10!2008 OD3552 A F L A C AFLAC Cancer Payment 3,478.32 3,478.32 125098 07/10/2008 001700 A PLUS TEACHING MATERIALS mist supplies:tiny tot pgrm 174.02 174.02 125099 07110!2008 004973 ABACHERLI, LINDI TCSD instructor earnings 840.00 840.00 125100 07110!2008 D03802 ADOLPH KIEFER & ASSOCIATES mist rec supplies:aquatics pgrm 794.21 794.21 125101 07/10!2008 008698 ADVANCED APPLIED Jun SigninglStriping Svcs:Citywide 3,241.50 3,241.50 ENGINEERING 125102 07110!2008 010904 AFECO INC Fire Equip: Stn 92 956.05 956.05 125103 07/10/2008 OD9374 ALLEGRO MUSICAL VENTURES Jun piano maintenance: Theater 14D.00 140.OD Page:1 apChkLst Final Check List Page: 2 07110!2008 2:05:OOPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125104 07110!2008 006915 ALLIE'S PARTY EQUIPMENT equip rental:Cultural Arts 6/21 426.03 equip rental:Cultural Arts 6/14 426.03 equip rental:Cultural Arts 617 426.03 Stage rental:Arts carnival 6114 186.39 Stage rental:Arts carnival 6/7 181.04 Stage rental:Arts carnival 6121 186.39 rental equip:St Painting festival 875.25 2,707.16 125105 07/10!2008 000102 AMERICAN FENCE COMPANY Fencing:redhawkdng park 974.00 Temp Fence Rental:Main & Mercedes 225.00 1,199.00 125106 07110!2008 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 619.00 DUI & drug screenings: Police 370.00 989.00 125107 07110!2008 011960 AMERICAN HEAVY MOVING structure relocation Main/Pujol 8,402.40 8,402.40 125108 07/10/2008 008732 ANSWERBAND INC, THE Entertainment:TCSDcnncert 7117 1,200.D0 1,200.00 125109 07/10/2008 000101 APPLE ON E INC temp help ppe 6128: Wilson, L 1,356.67 Temp Help Ppe 6114: Wilson, L 1,092.16 Temp Help Ppe 6121: Wilson, L 1,365.20 temp help ppe 6114: Morrison, D 600.80 temp help ppe 6121: Morrison, D 426.87 4,841.70 125110 07/10/2008 004623 AQUA TECH ENTERPRISES Misc pool supplies:aquaticsygrm 441.27 misc pool supplies:aquaticsygrm 217.18 658.45 125111 07110!2008 011914 ARREOLA, JOSE JESUS (JOE) entertainment:5/1 Vol Rec Pgrm 300.00 300.00 125112 07/10!2008 001323 ARROWHEAD WATER INC Bottled wtr svcs: PBSP 32.20 Bottled wtr svcs: Aquatics Pgrm 6.45 Bottled wtr svcs: Aquatics Pgrm 32.62 Bottled wtr svcs: TV Museum 8.22 Bottled wtr svcs: Theater 8.61 Bottled wtr svcs: City Hall 347.75 Bottled wtr svcs: Maint Facility 135.65 Bottled wtr svcs: GRC 97.26 Bottled wtr svcs: Skate Park 8.61 Bottled wtr svcs: Ch Museum 6.45 Bottled wtr svcs: TCC 13.60 Bottled Wtr Svcs: Library 55.22 Bottled wtr svcs: Fld Op Ctr 126.25 878.89 125113 07110!2008 005335 ARTIST TOUCH STUDIO INC graphic arts srvcs: Theater 999.92 999.92 Paget apChkLst 07/10/2008 2:05:OOPM Bank : union IJNION BANK OF CALIFORNIA Check # Date Vendor 125114 07/10/2008 003203 ARTISTIC EMBROIDERY 125115 07/10/2008 OD3376 ARTS COUNCIL, THE 125116 07/10/2008 010973 BATTERIES PLUS 125117 07/10!2008 002381 BEAUDOIN, LINDA 125118 07110!2008 003222 BROCKMEIER, CAROL 125119 07/10/2008 OD2103 C A P I O 125120 07/10/2008 003138 CAL MAT Final Check List CITY OF TEMECULA (Continued) Description embroidery svcs: Ch Museum promo items: summer concert series embroidery svcs: Info Sys Cultural Arts Mstr Plan Implementation battery supplies:pw traffic div Retirement Medical Payment Retirement Medical Payment 08109 mbrshp: City of Temecula PW catch truck materials PW patch truck materials PVV patch truck materials PW patch truck materials PW patch truck materials PVV patch truck materials PUV patch truck materials 125121 07/10!2008 011900 CAL TARPS & COVERS vehicle repairlmaint: PVV Maint 125122 07110!2008 012118 CALIF DEPT OF ALCOHOLIC GAP Grnt Trn 7121-23 LakeTahoe 125123 07/10!2008 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099118 125124 07110!2008 004248 CALIF DEPT OFJUSTICE- Apr fingerprinting svcs: HR ACCTING 125125 07/10!2008 008608 CALIF GANG INVESTIGATORS Nat'I Gang Violence Cf:7129-811 ASSN 125126 07/10/2008 007843 CALVARY CHAPEL BIBLE Refund:Sec Dep RRSP 6127 125127 07/10/2008 006709 CALVARY CHAPEL TEMECULA entertainment:Old Town 1219 125128 07/1012008 004228 CAMERON WELDING SUPPLY Helium:TCSD special events pgrm misc supplies: PW Maint Amount Paid 808.13 557.61 78.12 10,000.00 866.31 703.00 690.26 175.00 1,804.44 1,805.16 866.66 183.01 288.40 141.13 289.85 244.81 795.89 958.67 400.00 25.00 34.00 250.00 150.00 100.00 68.24 499.98 Page: 3 Check Total 1,443.86 10,000.00 866.31 703.00 690.26 175.OD 6,419.35 958.67 400.00 25.00 34.00 250.00 150.00 100.OD 568.22 Page:3 apChkLst Final Check List Page: 4 07110!2008 2:05:OOPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125129 07110!2008 000137 CHEVRON AND TEXACO City vehicles fuel: City Manager 499.62 499.62 125130 07!1012008 003628 GHUYS RESTAURANT refreshments: 4th July Fire Staff 209.90 209.90 125131 07!10!2008 002989 CLEAR IMAGE WINDOW Window cleaning ext/int: Library 1,845.00 CLEANING Window cleaning extlnt:City Hall 420.00 2,265.00 125132 07110!2008 011904 COHEN, EVAN Refund: Museum of Tolerance Excursion 20.00 20.00 125133 07110!2008 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 136.00 136.00 125134 07110!2008 000442 COMPUTER ALERT SYSTEMS service calllrepair: Skate Park 118.05 118.05 125135 07110!2008 000447 COMTRONIX OF HEMET Vehicle Hardware Install: Police 1,530.78 vehicle repair/maint: Police 250.00 Motorcycle RepairlMaint: Police 320.00 2,100.78 125136 07/10/2008 006303 CONDUIT NETWORKS, INC Mar-Jun network svcs:City Hall 1,255.00 1,255.00 125137 07/10/2008 002945 CONSOLIDATED ELECTRICAL electrical supplies: TV Museum 136.55 136.55 DIST. 125138 07/10/2008 011692 CONVERGINT TECHNOLOGIES, Client network svcs: Library 1,525.00 1,525.00 LP 125139 07/10/2008 001264 COSTCO WHOLESALE Misc recreation supplies: TCSD 495.87 Misc recreation supplies: TCSD 490.87 986.74 125140 07110!2008 002631 COUNTS UNLIMITED INC Feb traffic counts svcs:PW traffic 2,700.00 2,700.00 125141 07/10!2008 003986 COZAD & FOX INC 4127-6115 parcel map svcs:RDA 1,032.00 1,032.00 125142 07110!2008 004285 DAVE BANG & ASSOCIATES INC bbq equipment: TCSD parks 1,062.02 1,062.02 125143 07110!2008 002990 DAVID TURCH & ASSOCIATES Jun federal lobbyist svcs: CM 3,350.00 3,350.00 Page:4 apChkLst Final Check List Page: 5 07!1012008 2:05:OOPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Uate Vendor Description 125144 07110!2008 003945 DIAMOND ENVIRONMENTAL portable restroom svc:Lg Cyn Pk SRVCS portable restroom svc:Vail R Pk portable restroom svc:Veterans Pk misc parts rental:Westem Days portable restroom svc: Stn 84 portable restrooms:St Paint Fest portable restrooms:4th of July/parade Jun portable toilet svc:Riverton Pk Jun portable restroom svc:Rdhk 125145 07/10/2008 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles:PlnJCode Enf INC Fuel for City vehicles: B&S Fuel for City vehicles: TCSD Fuel for City vehicles: PW Lnd Dv Fuel for City vehicles: PW CIP Fuel for City vehicles: PW Maint Fuel for City vehicles: PW Traffic Fuel for City vehicles: Police 125146 07/10!2008 001669 DUNN EDWARDS CORPORATION misc graffiti supplies: PW Maint 125147 07/10!2008 002528 EAGLE GRAPHIC CREATIONS recognition award:Pat Vesey INC 125148 07/10!2008 005692 ELMO, ANTHONY Retirement Medical Payment 125149 07/10!2008 002283 EMBASSY SUITES HOTEL GAP Trn:Gathright/Violette 7121-23 125150 07/10/2008 012122 EMPLOYMENT TRAINING ASSOC Emp training 4/18:JV,KC,TC,MC LLC 125151 07/10/2008 002939 ENVIRONMENTAL SYSTEMS RESEARCH 125153 07/10/2008 001056 EXCEL LANDSCAPE 125154 07/10!2008 003053 FAGAN, MATTHEW Geodatabase trng: Kelli Beal 719 Jun Indscape svcs: City facilities Jun landscape maint:Sports Parks Jun Lndscape Svc: Medians Jun landscape maint: Slopes Irrigation Repair: Fire Stn 73 Jun Indscape maint:north slopes Irrigation Repair: Tcc prfrmnc:CSUSM press conf 5/27 Amount Paid 55.78 55.78 55.78 42.25 75.78 568.93 3,544.00 70.78 55.78 691.52 966.98 3,161.46 696.48 315.55 3,156.45 73.05 146.60 731.11 157.32 703.00 1,D14.18 180.D0 1,470.DD 9,986.81 44,371.22 15,445.61 43,179.96 203.51 29,372.80 485.78 150.00 Check Total 4,524.86 9,208.09 731.11 157.32 703.00 1,014.18 180.00 1,470.00 143,045.69 150.00 Pagea apChkLst 07110!2008 2:05:OOPM Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 125155 07110!2008 009148 FAMILY MAGAZINE LLC 125156 07!1012008 OD0478 FAST SIGNS Final Check List CITY OF TEMECULA (Continued) Description May Magazine Ad: Ch Museum Signs:Youth Emp Expo 4112 Signs for High Hopes Air Fair 4125-26 Signs: Gallery at the Merc Signs: Gallery at the Merc 125157 07110!2008 000165 FEDERAL EXPRESS INC 5130-6119 express mail svc:Citywide 125158 07/10/2008 OD0206 FEDEX KINKOS INC mist supplies: Central Svcs 125159 07/1012008 011463 FETHEROLF, LOUS Entertainment: Bluegrass Festival 125160 07110!2008 000166 FIRST AMERICAN TITLE Title Srch:27135 Madison Ave COMPANY 125161 07110!2008 010325 FORT DEARBORN LIFE Voluntary Supp Life Insurance Payment 125162 07/10!2008 011145 FOSTER, JILL C. TCSD instructor earnings TCSD instructor earnings 125163 07110!2008 001989 FOX NETWORK SYSTEMS INC equip: Tem outreach pgrm 125164 07/10/2008 ODZ982 FRANCHISE TAX BOARD Apr-Jun #330383649 2008 Farm 592 125165 07/1012008 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 125166 07110!2008 000795 FRED PRYOR SEMINARS- Excptl Cust Svc 8113 SanDiego:CK GAREERTRAC 125167 07110!2008 010326 G E TONICS INC equip maintenance: Stn 73 125168 07110!2008 010028 G M BUSINESS INTERIORS Reconfigure cubicles: CM office Reconfigure Furniture: Hr 125169 07/10/2008 007279 GAIL MATERIALS INC Ballfield equipment: PBSP 125170 07110!2008 OD1937 GALLS ING protective clothing: PD Explorers 125171 07/10/2008 012123 GATZKE, DILLON & BALLANCE sttlmt:Ynez Business Center LLP Page: 6 Amount Paid Check Total 1,040.00 1,040.00 183.67 144.56 35.92 23.16 387.31 417.46 417.46 142.88 142.88 600.00 600.00 500.00 500.00 871.00 871.00 945.00 910.00 1,855.00 7,678.29 7,678.29 700.00 700.00 75.00 75.00 119.00 119.00 23.71 23.71 453.00 5,813.38 6,266.38 950.80 950.80 107.70 107.70 34,840.66 34,840.66 Page6 apChkLst Final Check List Page: 7 07110!2008 2:05:OOPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125172 07110!2008 000173 GENERAL BINDING lamination supplies:Cntrl Svcs 124.94 124.94 CORPORATION 125173 07/10/2008 003815 GFB FRIEDRICH & ASSOCIATES Mar/Apr design:DePortola Rd 2,971.48 2,971.48 INC 125174 07/10/2008 002174 GROUP 1 PRODUCTIONS Video Svcs:Vignettes 10 & 11 4,200.00 4,200.00 125175 07/10/2008 011776 GUIDE PUBLISHING GROUP INC PW99-11 Mailing Bags far Bid Doc 86.30 86.30 125176 07/10/2008 005311 H2O CERTIFIED POOL WATER Jun maint svcs: CRClfES pools 900.00 900.00 SPCL. 125177 07/10/2008 009950 HALL, JONATHAN Employee Computer Loan Pgrm 1,715.45 1,715.45 125178 07/10!2008 000186 HANKS HARDWARE ING Hardware supplies: Info Sys 162.67 Hardware supplies: SMART pgm 106.89 Hardware supplies: Ch Museum 4.93 Exhibit supplies: history museum 38.60 Hardware supplies: PVV Maint 484.95 Hardware supplies: CRC 1,687.28 Hardware supplies:TCC(fheater 33.68 Hardware supplies: TCSD Parks 1,167.43 Hardware supplies: Aquatics 19.57 Hardware supplies: Theater 235.34 Hardware supplies: Fire 693.14 4,634.48 125179 07/10/2008 008244 HARVEY, SCOTT Retirement Medical Payment 577.97 577.97 125180 07/10!2008 000963 HOGAN, DAVID Retirement Medical Payment 703.00 703.00 125181 07110!2008 003198 HOME DEPOT, THE Hardware supplies: Ch Museum 24.14 Hardware supplies: Ch Museum 64.64 Hardware supplies: TCSD Parks 185.97 Hardware supplies: Ch Museum 12.93 Hardware supplies: Fld Op Ctr 11.82 299.50 125182 07110!2008 003624 HOWELL, ANN MARIE custom photagraphy:St Paint Fest 387.90 387.90 125183 07110!2008 004525 HUMAN SCALE CORPORATION Reconfigure Workstation:S.Brown 452.13 452.13 125184 07/10!2008 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 11,688.06 11,688.06 303355 Page:? apChkLst 07110!2008 2:05:OOPM Final Check List CITY OF TEMECULA Page: 8 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125185 07110!2008 004833 IMPERIAL PAVING COMPANY INC emergency street repair:La Paz 37,898.00 asphalt paving:MrgitalOverland 15,149.D0 asphalt paving:Mrgita/Overland 24,381.00 asphalt paving:RRSP & CRC 27,584.00 105,012.00 125186 07110!2008 006914 INNOVATIVE DOCUMENT Fax Machine Supplies: Records 2,295.08 SOLUTIONS Super G3 Fax: Central Svcs 1,616.25 fax/copier maint: City Hall 619.56 4,530.89 125187 07/10!2008 001407 INTER VALLEY POOL SUPPLY Poal chemicals: Aquatics prgm 891.37 INC pool chemicals:aquatics pgrm 664.01 1,555.38 125188 07/10!2008 010119 IRS - OIC Sup Pmt Offer#1000497587 452379267 140.11 140.11 125189 07/10/20D8 001186 IRWIN, JOHN TCSD instructor earnings 274.40 TCSD instructor earnings 666.40 940.80 125190 07/10/2008 010428 IT'S A DOGS WORLD K 9 TCSD Instructor Earnings 612.50 612.50 ACADEMY 125191 07/10/2008 004884 J & W REDWOOD LUMBER CO mist supplies: PW Maint 320.90 INC mist supplies: PW Maint 254.82 575.72 125192 07/10/2008 009393 J M DIAZ INC May design srvcs:traffic signals 112.50 112.50 125193 07/10/2008 000820 K R W & ASSOCIATES Jun eng plan ck svcs:PW Lnd Dv 1,705.00 1,705.00 125194 07110!2008 002424 KELLEY DISPLAY INC banner pgrm: Eton Dev 13,576.50 13,576.50 125195 07/10!2008 001091 KEYSER MARSTON ASSOCIATES May cnslt svcs:RDA housing 4,956.25 4,956.25 INC 125196 07110!2008 012120 KIELER, GLORIA Refund:Sec Dep CRC 6129 150.00 150.00 125197 07/10/2008 004481 KIMLEYHORN & ASSOCIATES May Santiago Det Basin svcs 11,174.89 11,174.89 INC 125198 D7/1012008 004551 KR NIDA COMMUNICATION desktop telephone: City EOG 8,215.94 8,215.94 125199 07/10/2008 000209 L & M FERTILIZER INC maint supplies: PW Maint 757.61 maint supplies: Fire 54.36 811.97 125200 07/10/2008 D04213 LACKS BEACH SERVICE Umbrellas: Lifeguard Towers 921.25 921.25 Page:B apChkLst Final Check List Page: 9 07!1012008 2:05:OOPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 125201 07/10!2008 011022 LATITUDE GEOGRAPHICS GROUP LTD 125202 07110!2008 004412 LEANDER, KERRY D. (Continued) Description Geocortex Wksp 1114-7 Redlands IMF Website design svc:GlS TCSD instructor earnings 125203 07110!2008 000482 LEIGHTON CONSULTING INC 4115-611 geotech svcs:Old Town Amount Paid 980.00 5,975.00 3,454.50 1,663.50 Check Total 6,955.00 3,454.50 1,663.50 125204 07110!2008 003726 LIFE ASSIST INC medical supplies: Paramedics 1,997.06 Medical Supplies: Paramedics 6,046.73 medical supplies: paramedics 187.69 8,231.48 125205 07/10!2008 005090 LOS RANCHITOS HOME, Property dues: APN 922-140-010 25.00 25.00 OWNERS ASSOC. 125206 07110!2008 005090 LOS RANCHITOS HOME, Property dues: APN 922-190-035 25.00 25.00 OWNERS ASSOC. 125207 07/10!2008 004087 LOWES INC misc supplies: Stn 92 215.50 misc supplies: Stn 92 7.24 222.74 125208 07/10!2008 OD3782 MAIN STREET SIGNS Street signs/hardware:pw maintdiv 5,360.02 Traffic Control Signs:pw traffic div 2,325.25 7,685.27 125209 07/10/2008 004141 MAINTEX INC Custodial Supplies:City Hall 817.11 Custodial Supplies:FOC Bldg 114.90 Custodial Supplies:FOC Bldg 282.63 Custodial Supplies:TCC 141.31 Custodial Supplies:C. Museum 84.79 1,440.74 125210 07/10/2008 008654 MALLORY FIRE fit test equipment:Fire 36.10 36.10 125211 07110!2008 010931 MAR DELS BAND INC perFormance:csd concert series 7110 1,500.00 1,500.00 125212 07/10!2008 000220 MAURICE PRINTERS INC 08!09 Season brochure:theater 7,778.92 printing/gtrly city newsletters:ctyrngr 6,726.83 14,505.75 125213 07/10!2008 011179 MC MILLIN REDHAWK LLC TCSD Instructor Earnings 210.00 TCSD Instructor Earnings 455.00 TCSD Instructor Earnings 385.00 TCSD Instructor Earnings 627.90 1,677.90 125214 07/10!2008 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 8,257.68 8,257.68 Page9 apChkLst Final Check List Page: 10 07!1012008 2:05:OOPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 125215 07/10!2008 007210 MIDORI GARDENS 125216 07/10/2008 007669 MILES, KATRINA 125217 07/10!2008 011440 MILLMORE'S WAX CREW 125218 07/10/2008 D01892 MOBILE MODULAR 125219 07/10!2008 004586 MOORE FENCE COMPANY 125220 07/10!2008 004522 MULLIGANS FAMILY FUN CENTER 125221 07/10!2008 004508 NAGGAR, MICHAEL S. 125222 07/10!2008 002925 NAPA AUTO PARTS (Continued) Description Jun Ldscp Maint:City Parks Irrigation repairs:btrfld stage park Irrigation repairs:duck pond park Credit:irrig.repairs:duckyond park Ldscp maint:history museum Ldscp maint:harv lake park Ldscp maint:riverton park Ldscp maint:butterfield stage park Irrigation repairs:veterans park Irrigation repairs:paseo galante park TCSD Instructor Earnings car wash srvcs:pwdepts car wash srvcs:pwtraffic divlnpdes City veh. detailing srvc:ISlrcrds/cntrl City vehicle detailing srvcs:PVV Depts 6120-7119/08 Lease Pmt:The Pantry Install single drive gate:TCC Day camp excursion 713108 reimb:Apr-Jun Internet srvcs Misc auto parts & supplies:fire stn 84 125223 07/10/2008 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:fire stn 12 DIV Misc office supplies:fire stn 12 125224 07/1012008 006721 OFFICEMAX INCORPORATED misc. office supplies:finance Misc. office supplies:finance 125225 07/10/2008 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PWTraffic City Vehicle Maint Svcs:PW CIP City Vehicle Maint Svcs:CSD Prk Rngr City Vehicle Maint Svcs:PW Maint City Vehicle Maint Svcs:PW Maint City Vehicle Maint Svcs:PW Maint City Vehicle Maint Svcs:PW Maint City Vehicle Maint Svcs:PW Lnd Dev City Vehicle Maint Svcs:B&S City Vehicle Maint Svcs:B&S Amount Paid 72,326.86 237.47 722.95 -722.95 2,497.30 4,676.00 650.00 266.00 977.30 199.48 147.00 75.00 50.00 25.00 100.00 1,033.33 2,081.00 2,065.10 74.98 129.45 142.17 551.50 318.50 156.30 1,700.00 36.27 36.27 36.27 518.66 106.22 447.15 36.27 155.69 106.79 Check Total 81,830.41 147.00 250.00 1,033.33 2,081.00 2,065.10 74.98 129.45 693.67 474.80 3,179.59 Page:10 apChkLst Final Check List Page: 11 07110!2008 2:05:OOPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125226 07110!2008 001171 ORIENTAL TRADING COMPANY Misc supplies:SMART pgrm 140.35 INC Misc supplies:Summer Day Camp 92.50 232.85 125227 07110!2008 006552 PAINTED EARTH Excursion:day camp 6119!08 999.32 999.32 125228 07/10/2008 010547 PARKS, RON Retirement Medical Payment 703.00 703.00 125229 07/10/2008 007591 PAUL LASLO & ASSOCIATES Promotional items:Econ Dev 135.47 135.47 12523D 07110!2008 001958 PERS LONG TERM CARE PERS Long Term Care Payment 377.54 377.54 PROGRAM 125231 D7/10l2008 002498 PETRA GEOTECHNICAL INC May geotech srvcs:murr creek trails 1,922.50 1,922.50 125232 07110!2008 000249 PETTY CASH Petty Cash Reimbursement 578.10 Petty Cash Reimbursement 198.05 Petty Cash Reimbursement 47.51 823.66 125233 D7l1012008 001999 PITNEY BOWES Equip maint supplies:Cntrl Srvcs 16.15 ~oc85 mtr rate update:Cntrl Srvcs 295.24 >oc39 mtr rate datalappl:Cntrl Srvcs 295.24 606.63 125234 07/10!2008 002354 POSITIVE PROMOTIONS INC Misc promo items:FlT pgrm 955.75 955.75 125235 07/10!2008 011549 POWER SPORTS UNLIMITED Veh repair & maint:pd motorcycle 369.70 369.70 125236 07/10/2008 005820 PRE-PAID LEGAL SERVICES INC Prepaid Legal Services Payment 502.20 502.2D 125237 07/10/2008 003155 PRICE CHOPPER INC Wrist bands:var crc events 160.64 Wristbands:var csd pgrms 1,297.75 1,458.39 125238 07/10/2008 007093 PYLE, ANITA Retirement Medical Payment 244.44 244.44 125239 07110!2008 004529 QUAID TEMECULA HARLEY- Jun repair & maint veh:pd motorcycles 2,953.66 2,953.66 DAV I DSON 125240 07/10!2008 002012 R D O EQUIPMENT COMPANY repairslsrvcs mntc equip: PW 981.28 981.28 125241 07110!2008 007403 RAGAN COMMUNICATIONS, INC. "Leading for Results" subscr:Planning 109.00 109.00 125242 07110!2008 011547 RAMILAN ELECTRIC INC Jun Traffic Sgnl @ RancholBus Park W 40,994.81 Stp Ntc:Robertson'slTraf Sgnl- -9,461.05 31,533.76 Page:11 apChkLst Final Check List Page: 12 07!1012008 2:05:OOPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 125243 07/10!2008 000728 RAMSEY BACKFLOW & PLUMBING 125244 07/10!2008 002072 RANCHO CALIF WATER DIST- FEES 125245 07110!2008 002072 RANCHO CALIF WATER DIST• FEES (Continued) Description Backflow testing:theater Backflow testing:old town Backflow testing:crowne hill Backflow testing:campos verdes Backflow testing:temeku hills Backflow testing:mirada Backflow testing:historyrnuseum Backflow testing:meadowsykwy Backflow testing:var.locations Backflow testing:villages Backflow testing:vintagehi/ls Backflow testing:presley Backflow testing:vintagehi/ls Backflow testing:vintagehi/ls Backflow testing:avenida de missiones Backflow testing:fire stn 84 Backflow testing:temeku hills Backflow testing:lennar Backflow testing:bayberryllocust Backflow testing:wclf creek Backflow testing:city hall Backflow testing:old town Backflow testing:temeku hills Backflow testing:vintagehi/ls Backflow testing:vintagehi/ls Backflow testing rancho highlands recycled water meter:murr crk trail #1 recycled water meter:murr crk trail #2 125246 07110!2008 005587 RANCHO ELEMENTARY SCHOOL refund:sec.depositlcrc 06!4108 125247 07110!2008 002654 RANCHO FORD LINCOLN MERCURY 125248 07!10!2008 009725 RAZAVI, MANDIS 125249 07/10!2008 D00271 RBF CONSULTING 125250 07/10!2008 004584 REGENCY LIGHTING Squad Maint & Repair -Stn 84 TCSD Instructor Earnings May const support srvcs old town prof electrical supplies childrens museum Amount Paid 44.00 66.D0 22.00 22.00 44.00 22.00 44.00 22.00 286.00 22.00 44.00 22.00 22.OD 66.00 22.00 22.D0 44.00 22.00 88.00 88.00 44.00 22.00 44.00 22.00 44.00 22.D0 1,661.00 1,661.00 150.00 171.41 386.40 1,654.00 214.64 Check Total 1,232.00 1,661.00 1,661.00 150.00 171.41 386.40 1,654.00 214.64 Page:12 apChkLst Final Check List Page: 13 07110!2008 2:05:OOPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125251 07110!2008 004498 REPUBLIC INTELLIGENT credit:amt exceeds agreement -224.37 Traffic signal repair & maint:pw 6126 299.25 Traffic signal repair & maint:pw 6,518.00 Street Light Maint:PwTrafS/6108 1,515.02 8,107.90 125252 07/10!2008 006483 RICHARDS, TYREOSHA I. TCSD Instructor Earnings 49.00 TCSD Instructor Earnings 714.00 TCSD Instructor Earnings 24.50 787.50 125253 07/10/2008 000267 RIVERSIDE GO FIRE Jan-Mar'08 fire services 555,130.78 555,130.78 DEPARTMENT 125254 07/10/2008 000268 RIVERSIDE CO HABITAT June 2008 K-Rat payment 8,940.00 8,940.00 125255 07/10/2008 DD0406 RIVERSIDE GO SHERIFFS DEPT traf. collision investigation:7/21-25 151.OD 151.00 125256 07/10/2008 011925 ROBINSON, LARRY TCSD Instructor Earnings 283.50 283.50 125257 07110!2008 000277 S & S ARTS & CRAFTS INC Misc supplies:Summer Day Camp 28.22 Misc supplies:SMART pgrm 155.59 183.81 125258 07110!2008 001942 S C SIGNS Jun public ntc posting:planning dept 680.00 Apr public ntc posting:planning dept 1,105.00 May public ntc posting:planning dept 935.00 2,720.00 125259 07110!2008 008615 SABLAN, MARIA refund:sec.depositlcrc 6128108 400.00 400.00 125260 D7/10l2008 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 1,056.10 1,056.10 125261 07110!2008 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581095025 12.50 12.50 125262 07110!2008 011511 SCUBA CENTER TEMECULA TCSD Instructor Earnings 672.00 672.00 125263 07/10/2008 008529 SHERIFF'S CIVIL DIV -CENTRAL Sup Pmt Lo File # 2008058526 379.15 379.15 125264 07/10/2008 008529 SHERIFF'S CIVIL DIV -CENTRAL Sup Pmt LO File # 2007052618 100.00 100.00 125265 07/10/2008 009213 SHERRY BERRY MUSIC Jazz ~ the Merc 713108 504.00 504.00 125266 07/10/2008 009746 SIGNS BY TOMORROW 'book return" signage:library 13.78 13.78 Page:13 apChkLst Final Check List Page: 14 07110!2008 2:05:OOPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125267 07110!2008 009745 SILVERADO AVIONICS INC Radios: Battalion 15 1,669.35 1,669.35 125268 07!1012008 000645 SMART & FINAL INC Misc supplies:SMART pgrm 335.75 Misc supplies:SMART pgrm 208.17 Misc supplies:day camp pgrm 176.61 Misc supplies:high hopes pgrm 344.56 1,065.09 125269 07110!2008 012121 SMILES 4 KYLEE CHILDRENS refund:sec.deposit/rrsp 6!29108 150.00 150.00 FUND 125270 07/10!2008 003002 SMOOTHILL SPORTS Misc equip & supplies:skate park 832.59 832.59 DISTRIBUTORS 125271 07/10/2008 000537 SO CALIF EDISON Jun 2-29-657-2563 Various TCSD Meters 184.79 Jun 2-10-331-2153 TCC 1,665.90 Jun 2-00-397-5042 City Hall 8,840.95 Jun 2-29-953-8447 Wlf Vlly Rd PED 16.39 Jun 2-29-657-2332 Redwcad Rd PED 16.39 Jun 2-30-220-8749 Wolf Creek Dr 421.99 Jun 2-29-458-7548 Wolf Crk PED 69.06 Jun 2-02-502-8077 Maint Fac 2,455.28 Jun 2-28-629-0507 Library 12,650.84 Jun 2-00-397-5067 various mtrs 1,692.12 Jun 2-05-791-8807 various mtrs 9,366.35 Jun 2-29-9747568 Ynez Rd TC-1 50.32 Jun 2-29-9747899 Ynez Rd LS-3 37.65 Jul 2-29-479-2981 Temecula Pkwy 92.09 Jul 2-02-351-5281 CRC 9,067.33 Jul 2-30-066-2889 Rancho Vista PED 16.39 Jul 2-20-798-3248 G. Museum 1,972.32 Jul 2-27-805-3194 Theater 6,745.07 55,361.23 125272 07/10!2008 005244 SOCIETY FOR HUMAN 10!1108-9/30!09 mbrshp:B.Gutierrez 160.00 160.00 RESOURCE MGM 125273 07110!2008 002503 SOUTH COAST AIR QUALITY permitlnspection-fuel tank:FS 84 1,287.22 1,287.22 125274 07/10/2008 000519 SOUTH COUNTY PEST CONTROL pest control srvcs:code enforce 84.00 INC pest control srvcs:FS 73 48.00 pest control srvcs:rrsp 6130 84.00 pest control srvcs:margaritagark 6130 84.00 pest control srvcs:theater 6126 84.00 384.00 125275 07110!2008 004282 SOUTHWEST TRAFFIC SYSTEMS equip repair & maint:pw traffic div 3,873.61 3,873.61 Page:14 apChkLst Final Check List Page: 15 07110!2008 2:05:OOPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125276 07110!2008 007762 STANDARD INSURANCE Mandatory Life Insurance Payment 11,319.29 11,319.29 COMPANY 125277 07/10/2008 011849 SURF CITYALLSTARS,INC. bal.due/perFormance:AglowlPark 7111 1,875.00 1,875.00 125278 07/10/2008 008929 T & B SALES INC Equipment:PW Maint 406.49 406.49 125279 07/10/2008 012119 TANK SPECIALISTS OF tank inspectionlAOMD:FS 84 450.OD 450.00 CALIFORNIA 125280 07/10/2008 000305 TARGET BANK BUS CARD SRVCS Misc supplies:high hopes prgm 310.12 Misc supplies:aquaticsgrgm 165.88 Misc supplies:day camp prgm 141.52 Misc supplies:tcc 167.15 Misc supplies:SMART prgm 502.66 Misc supplies:tcc 37.70 Misc supplies:parent & me prgm 116.39 Misc supplies:SMART prgm 43.08 Misc supplies:crc 196.81 Misc office supplies:pw dept 90.26 Misc Supplies:Children's Museum 93.07 Misc Supplies:Children's Museum 65.30 Misc supplies:crc 150.82 Misc supplies:parent & me prgm 176.38 Misc supplies:FlT prgm 162.10 2,419.24 125281 D7l1012008 001547 TEAMSTERS LOCAL 911 Union Dues Payment 5,517.00 5,517.00 125282 07/10/2008 009500 TEMEC ELECTRONICS, INC MiscTcols & Equip:PwTraf Div/1.S.Libr. 506.15 506.15 125283 07/10/2008 012124 TEMECULA CORPORATE refund:WOMPfees1pm33421&28473 1,676.14 1,676.14 CENTER, LLC 125284 07!1012008 005328 TEMECULA CREEK CHRISTIAN refund:sec.depositlrrsp 6124-27108 150.00 150.00 125285 07/10!2008 008292 TEMECULA DIESEL AUTO & PW patch truck svc/repair 239.20 239.20 TRUCK 125286 07110!2008 005633 TEMECULA MIDDLE SCHOOL refund:sec.deposit/crc 05128!08 150.00 150.00 125287 07/10!2008 003677 TEMECULA MOTORSPORTS LLC Motorcycle repairlmaint:Tem.P.D. 250.38 250.38 Page:15 apChkLst Final Check List Page: 16 07110!2008 2:05:OOPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125288 07110!2008 011736 TEMECULA TROPHY INC recognition plaque:Sister Cities Prgm 37.71 Awards:skate park competition 307.03 344.74 125289 07110!2008 007340 TEMECULA VALLEY FIRE EQUIP. Fire extinguisherequipment:mpsc 10.78 10.78 CO 125290 07/10!2008 000306 TEMECULA VALLEY PIPE & Jun misc maint supplies:tcsd maint 7.53 7.53 SUPPLY 125291 07/10/2008 004274 TEMECULA VALLEY SECURITY locksmith srvcs:Library 147.97 147.97 CENTR 125292 07/10/2008 007636 THERMO ENVIRONMENTAL Gas Detector Equip Repair: Fs 73 231.11 Gas Detector Equip Repair: Fs 73 315.72 546.83 125293 07/10/2008 000316 THORNHILL, GARY Retirement Medical Payment 703.00 703.00 125294 07/10!2008 000319 TOMARK SPORTS INC Misc supplies:crc pgrms 409.99 First aid supplies:crc 66.10 476.09 125295 07/10!2008 002452 TOP LINE INDUSTRIAL Misc. supplies:pw maint div 213.74 213.74 125296 07110!2008 003031 TRAFFIC CONTROL SERVICE INC Street traffic paint:pw maint div 492.96 Safety equip/barricades:csd var. events 2,592.72 3,085.68 125297 07110!2008 009957 TRIARCO ARTS & CRAFTS LLC Misc supplies:SMART pgrm 841.37 841.37 125298 07/10/2008 010347 TRIPLE THREAT ACADEMY refund:sec.depositftheater 500.00 500.00 125299 07/10/2008 011232 TURNER ELECTRIC depositlelectricrneter install:harvpark 4,271.55 depositllnstall light pole:vail ranch 1,165.73 5,437.28 125300 07/10!2008 007766 UNDERGROUND SERVICE ALERT Jun undrgrnd svcs alert tickets:PW 268.50 268.50 125301 07110!2008 002065 UNISOURCE copy paper: city hall & facilities 2,220.34 2,220.34 125302 07110!2008 010169 UNITED TOWING SERVICE, INC Towing Services:Police 530.00 530.00 125303 07110!2008 000325 UNITED WAY United Way Charities Payment 69.00 69.00 125304 07/10/2008 011733 URIBE, RICHARD computer purchase prgm 2,OOO.OD 2,000.00 Page:16 apChkLst Final Check List Page: 17 07110!2008 2:05:OOPM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 125305 07110!2008 004261 VERIZON Jun xxx-5509 general usage 144.40 Jun xxx-9897 general usage 87.97 Jun xxx-1999 general usage 38.92 Jun xxx-0049 general usage 49.07 320.36 125306 07/10!2008 004279 VERIZON CALIFORNIA ING. Jun access-C. Mus.phone line 658.23 Jun access-CRC phone line 356.16 1,014.39 125307 07110!2008 010245 VILLA, DOLORES Retirement Medical Payment 585.88 585.88 125308 07/10/2008 003730 WEST COAST ARBORISTS INC 611-15!08 tree trimming srvcs:csd 375.00 Tree maint:temeku hills 450.00 825.00 125309 07!1012008 000339 WEST PUBLISHING CORP Jun Law Library Judicial Updates 284.48 284.48 125310 07/10/2008 DD0621 WESTERN RIVERSIDE GOUNGIL June 2008 TUMF Payment 226,425.57 226,425.57 OF 125311 07/10!2008 008402 WESTERN RIVERSIDE COUNTY June 2008 MSHGP payment 103,274.76 103,274.76 125312 07!10!2008 002109 WHITE CAP INDUSTRIES INC Misc maim supplies:pw maim div 233.52 Misc maim supplies:pw maim div 221.95 455.47 125313 07110!2008 011313 WIELAND ASSOCIATES INC Supplemental EIR prep:hospital 674.45 674.45 125314 07/10!2008 004774 WOODCREST UNIFORMS sewing srvcs:Police uniforms 110.98 sewing srvcs:Palice Explorer prgm 8.00 sewing srvcs:Police uniforms 2.00 120.98 Grand total for UNION BANK OF CALIFORNIA: 2,070,691.68 Page:17 apChkLst Final Check List Page: 18 07!1012008 2:05:00PM CITY OF TEMECIJLA 227 checks in this report. Grand Tatal All Checks: 2,070,691.68 Page:18 ITEM RI~J. 4 Approvals City Attorney S~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: July 22, 2008 SUBJECT: City Treasurer's Statement of Investment Policy PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: That the City Council adopt the Treasurer's Statement of Investment Policy which provides safety, liquidity, compliance, and yield for City funds. BACKGROUND: Prior to the 2003-04 Budget Act, California Government Code Section 53646 required the Treasurer or Chief Fiscal Officer of California local governments to render an annual statement of investment policy and quarterly reports containing specified information regarding investments and deposits to the chief executive officer and the legislative body of the local agency. These requirements were intended to provide the legislative body the ability to meet its fiduciary obligations as a trustee and to increase the exposure of the public agency's investment activities to those outside the agency. Even though local governments are no longer mandated, they are encouraged to render an annual statement of investment policy and quarterly reports. The attached Treasurer's Statement of Investment Policy conforms to the California Government Code and to the requirements and guidelines established by the California Municipal Treasurer's Association (CMTA) and the California Society of Municipal Finance Officers (CSMFO). The City of Temecula has a majority invested in the State of California Local Agency Investment Fund (LAIF). This investment is consistent with the City's investment policy that prioritizes safety and liquidity. While investing in LAIF remains a viable option for the City and provides excellent liquidity to address the City's cash flow needs, staff continues to diversify the portfolio and manage investments in an effort to maximize earnings, to protect the City during a changing economy, while preserving our principal objective of protecting the City's treasury within the parameters of prudent risk management. The attached investment policy reflects no changes from the previous policy adopted by the City Council on July 24, 2007. FISCAL IMPACT: None. ATTACHMENTS: Proposed Statement of Investment Policy CITY OF TEMECULA Investment Policy INTRODUCTION: The intent of this Investment Policy is to establish the limits within which the City's Investment Program shall be conducted. Investment goals and objectives are defined. Authorized investments and reporting requirements are identified. The City's BrokerlDealer Questionnaire is included. The monies entrusted to the City Treasurer will be referred to as the "Fund" throughout the remainder of this document. OBJECTIVES: The investment policies and practices of the City of Temecula are based upon State law and prudent money management. The primary goals of these policies include: 1. To arotect the arinciaal monies entrusted to this office. Safety of principal is the foremost objective of the City of Temecula. Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker-dealer default, or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk. Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing only with issuers whose financial strength and reputation can be verified to be the highest as rated by nationally known rating agencies, and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm the City's cash flow. Market risk, the risk of market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by (a) structuring the portfolio so that securities mature earlier than or concurrent with the timing of major cash outflows, thus eliminating the need to sell securities prior to their maturity; (b) prohibiting the use of leverage and margin accounts; and (c) prohibiting the taking of short positions -that is, selling securities which the City does not own. It is explicitly recognized herein, however, that in a diversified portfolio, occasional measured losses are inevitable, and must be considered within the context of the overall investment return. 2. To provide sufficient liquidity to meet normal operating and unexpected expenditures. The portfolio will be structured with sufficient liquidity to allow the City to meet expected cash requirements. This will be accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands. Since all possible cash demands cannot be anticipated, the portfolio will maintain a liquidity buffer and invest primarily in securities with active secondary and resale markets. 3. To assure compliance with all Federal, State, and Local laws governing the investment of monies under the control of the City Treasurer. The legal basis for the City's investment activities is the City of Temecula Municipal Code, Chapter 3.04, Revenue and Finance, Fiscal Provisions Generally and Government Code Sections 5922, 16429.1, 53600 to 53609, and 53630 to 53686, which include parameters for authorized investments, report of investments and investment authority. Last Revised: July, 2008 City of Temecula INVESTMENT POLICY Page 2 4. To generate a maximum amount of investment income within the parameters of prudent risk management and consistent with the above policies. The City's investment portfolio shall be designed to attain amarket-average rate of return through economic cycles. The market-average rate of return is defined as the average return on three- month U.S. Treasury bills. Whenever possible, and consistent with risk limitations and prudent investment principles, the Treasurer shall seekto augment returns above the market average rate of return. The policy will also address risk management because it is such an integral part of the investment policy. To concentrate only on maximizing return would be dangerous. Therefore, policy issues will be directed to: 1) limiting the Fund's exposure to each issue and issuer of debt, and 2) determining a minimum credit requirement that firms must have in order to hold City money. SCOPE: This investment policy applies to all funds under the control of the City Treasurer, including but not limited to the general fund, special revenue funds, enterprise funds, debt service funds, capital improvement funds, trust funds and proceeds of bonds sale in the custody of the Treasurer and any other funds under his control. California Government Code Section 53601 {I) permits money from bond proceeds, obligations under a lease, installment sales or other agreements to be invested in any security that meets the statutory provisions governing the issuance of the bond or other agreements made by the issuing agency. Furthermore, California Government Code Section 5922(d) provides that notwithstanding any other provision of law, proceeds of bonds and any moneys set aside and pledged to secure payment of the bonds or certain other contracts specified in Section 5922, may be invested in securities or obligations described in the ordinance, resolution, indenture, agreement, or other instrument providing for the issuance of the bonds or the contract. INVESTMENT AUTHORITY: The City of Temecula Municipal Code delegates to the City Treasurer the authority to invest and reinvest moneys of the city, to sell or exchange securities, and to deposit them and provide fortheir safekeeping. The City Treasurer is responsible far daily management of the investment program, including / Establishing procedures for operation consistent with the investment policy. / Approving daily investment transactions. / Developing projections of the City's cash requirements for operating needs. / Reviewing the liquidity position of the investment portfolio. / Ensuring that the City's cash position is consistent with operating requirements. / Preparing appropriate investment reports. / Developing, implementing and monitoring controls over investments. / Developing record keeping for investment transactions. The City Treasurer may delegate investment authority to qualified and competent officials and City employees such as the Finance Director, Assistant Finance Director, or Revenue Manager. All persons authorized to make investment decisions on behalf of the City are trustees of the public funds and therefore fiduciaries subject to the following prudent investor standard as defined in California Government Code Section 53600.3: Last Revised: July, 2008 City of Temecula INVESTMENT POLICY Page 3 When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law. SAFEKEEPING OF SECURITIES: To protect against potential losses by collapse of individual securities dealers, all securities owned by the City, including collateral on repurchase agreements, shall be held in safekeeping by a third party bank trust department, acting as agent for the City under the terms of a custody agreement executed by the bank and by the City. All securities will be received and delivered using standard delivery versus payment procedures (i.e., the City's safekeeping agent will only release paymentfor a security after the security has been properly delivered). This section is intended to comply with Government Code Sections 53601 and 53608. REPORTING: The City Treasurer shall render a monthly report to the City Manager and City Council showing the type of investment, issuing institution, selling institution, date of maturity, par and dollar amount of deposit, current marketvalue for all securities, return on the City's investment portfolio expressed as an annual percentage rate, yield to maturity, cash flow information demonstrating that the City can meet its upcoming financial obligations, and such data as maybe required by the City Council. The report shall also state its relationship to this statement of investment policy, as directed under the Code. The Treasurer shall annually submit a recommended updated Investment Policy to be reviewed and approved by the City Council. The City's investment reporting policy meets or exceeds the requirements of Section 53646 of the California Government Code. QUALIFIED DEALERS: The City shall transact investments only with banks, savings and loans, state-licensed investment security broker-dealers, the State of California Local Agency Investment Fund, or brokerage firms designated as primary government dealers by, and regularly reporting to, the New York Federal Reserve Bank. Investment staff shall investigate dealers who wish to do business with the City in order to determine if they are adequately capitalized, market securities appropriate to the City's needs, and are recommended by managers of portfolios similar to the City's. The City's BrokerlDealer Questionnaire {Attachment A) will be used in this investigation. The City shall at least annually send a copy of the current investment policyto all dealers approved to do business with the City. Confirmation of receipt of this policy shall be considered as evidence that the dealer understands the City's investment policies, and intends to show the City only appropriate investments. Last Revised: July, 2008 City of Temecula INVESTMENT POLICY Page 4 AUTHORIZED INVESTMENTS: Investments shall be made in the context of the "prudent investor" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, butfor investment, considering the probable safety of their capital as well as the probable income to be derived." The City is further governed by the California Government Code, Sections 5922, 16429.1, and 53600 et seq. Within the context of these limitations, the following investments are authorized, as further limited herein: United States Treasury Bills, Bonds, and Notes, or those for which the full faith and credit of the United States are pledged for payment of principal and interest. There is no limitation as to the percentage of the portfolio that can be invested in this category. Maturity is not to exceed the projected dates of the City's cash needs ar five years, whichever is less. Obligations issued by the Federal Farm Credit Bank System (FFCB), the Federal Home Loan Bank Board iFHL6), the Federal Home Loan Mortgage Corporation (FHLMC), the Federal National Mortgage Association (FNMA), and other United States agency obligations with maturities of five years or less. Although there is no percentage limitation on the dollar amount that can be invested in these issues, the "prudent investor" rule shall apply for a single agency name. Maturity is not to exceed the projected dates of the City's cash needs or five years, whichever is less. Bills of excha_n_ge or time drafts drawn on and accepted by a commercial bank, otherwise known as banker's acceptances. Banker's acceptances purchased may not exceed 180 days to maturity or 40°l0 of the market value of the portfolio. No more than 10% of the market value of the portfolio maybe invested in banker's acceptances issued by any one bank. Commercial paper ranking of the highest letter and number rating by a nationally commercial paper may not exceed 15% of the market value of the portfolio. No more than 10% of the marketvalue of the portfolio may be invested in commercial paper issued by any one corporation. The City may invest in no more than 10% of a single corporation. The City may invest in no more than 10°~ of a single corporation's commercial paper. Maturity is not to exceed 180 days. Last Revised: July, 208 City of Temecula INVESTMENT POLICY Page 5 Negotiable certificates of deposit issued by nationally or state-chartered banks or state or federal savings and loan associations. Negotiable certificates of deposit (NCDs} differ from other certificates of deposit by their deposit liquidity. They are issued against funds deposited for specified periods of time and earn specified or variable rates of interest. NCDs are traded actively in secondary markets. When feasible, an independent trading service will be used as part of the evaluation process. Issuers must be rated "B" or better by Thomson Bank Watch or equivalent rating service, or rated A-1 for deposits by Standard & Poors, or P-1 for deposits by Moodys or comparably rated by a national rating agency. Transactions in NCDs shall not collectively exceed 30% of the total portfolio in effect immediately after any such investment is made. Repurchase Agreements. The City may invest in repurchase agreements with banks and dealers with which the City has entered into a master repurchase agreement which specifies terms and conditions of repurchase agreements. Transactions shall be limited to the primary dealers and the top banking institutions according to the rating agency based on liquidity, profitability, and financial strength. The maturity of repurchase agreements shall not exceed 30 days. The market value of securities used as collateral for repurchase agreements shall be monitored daily by the investment staff and will not be allowed to fall below 102% of the value of the repurchase agreement plus the value of collateral in excess of the value of the repurchase agreement. In orderta conform with provisions of the Federal Bankruptcy Code which provide for the liquidation of securities held as collateral for repurchase agreements, the only securities acceptable as collateral shall be certificates of deposit, eligible bankers' acceptances, or securities that are direct obligations of, or that are fully guaranteed as to principal and interest by, the United States or any agency of the United States. No more than 50°I° of the portfolio may be invested in repurchase agreements, and a "perfected security interest" shall always be maintained in the securities subject to a repurchase agreement. Local Agency Investment Fund. The City may invest in the Local Agency Investment Fund {LAIF) established by the State Treasurer for the benefit of local agencies up to the maximum permitted by State law. Time Deposits. As to the deposits of non-surplus funds, the City may invest in non- negotiabletime deposits collateralized in accordance with the California Government Code {including, but not limited ta, entering into a contract with the depository institution pursuant to California Government Code Section 53649} in those banks and savings and loan associations that meetthe requirements for investment in negotiable certificates of deposit. Since time deposits are not liquid, no more than 15°~ of the portfolio may be invested in this category. The depository institution should have been in existence for at least five years. The City may waive the first $100,000 of collateral security for such deposits if the institution is insured pursuant to federal law. In order to secure the uninsured portions of such deposits, an institution shall maintain at least 10% in excess of the total amount deposited. Real estate mortgages may not be accepted as collateral. The maximum term for deposits shall be one year. In general, the depository institution must have a minimum 6% net worth to assets ratio or the minimum ratio established by the Comptroller of the Currency. The depository institution's operation must have been profitable during their last reporting period. Last Revised: July, 2008 City of Temecula INVESTMENT POLICY Page 6 Money Market Funds. The City may invest in money market funds that invest solely in U.S. Treasuries, obligations of the U.S. Treasury, and repurchase agreements relating to such treasury obligations. To be eligible, the money market fund must have attained the highest ranking available as evaluated by a nationally recognized rating service and retained an investment advisor with not less than five years experience and that is registered with the SEC, and which advisor has assets under management in excess of $500 million. Except as otherwise noted, this list of authorized investments is intended to applyto the investment of all operating and surplus funds. The investment of bond proceeds shall be governed by the permitted investments as specified in the official statement for each bond issue. INELIGIBLE INVESTMENTS: Investments not described herein, including, but not limited to, reverse repurchase agreements, mutual funds {other than money market funds), zero coupon bonds, inverse floaters, mortgage- derived securities, common stocks and corporate notes and bonds are prohibited from use in the City's investment portfolio. SWAPPING OF SECURITIES: A swap is the movement from one security to another and may be done for a variety of reasons, such as to increase yield, lengthen or shorten maturities, to take a profit, or to increase investment quality. The purchase transaction and the sale transaction must each be recorded separately and any losses or gains on the sale must be recorded. PORTFOLIO ADJUSTMENTS: Should an investment percentage-of-portfolio limitation be exceeded due to an incident such as fluctuation in portfolio size, the affected securities maybe held to maturity to avoid losses. When no loss is indicated, the Treasurer shall consider reconstructing the portfolio basing his or her decision, in part, on the expected length of time the portfolio will be unbalanced. POLICY REVIEW: This investment policy shall be reviewed at least annuallyto ensure its consistencywith the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. The City Council shall be responsible for maintaining guidance over this investment policy to ensure that the City can adapt readily to changing market conditions, and shall approve any modification to the investment policy prior to implementation. Last Revised: July, 2008 City of Temecula INVESTMENT POLICY Page 7 ETHICS AND CONFLICT OF INTEREST: Officers and employees involved in the investment process shall refrain from personal business activity that conflicts with the proper execution of the investment program or impairs their ability to make impartial investment decisions. In addition, no funds shall be invested in negotiable certificates of deposit issued by, or non-negotiable time deposits under contract with a State or Federal credit union if a member of the CityCouncil or any person with investment decision making authority in the administrative office, manger's office, budget office, auditor-controller's office, or treasurer's office of the City also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the State or Federal credit union issuing the negotiable certificates of deposit or in which the non-negotiable time deposit is proposed to be deposited. Additionally, officers and staff involved in the investment of public funds are required to annually file a Fair Political Practices Commission Statement of Economic Interest form. Last Revised: July, 208 ITEM RI~J. 5 Approvals City Attorney Director of Finance S~~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: July 22, 2008 SUBJECT: City Treasurer's Report as of May 31, 2008 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of May 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 May 31, 2008. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of May 31, 2008 City of Temecula, California Portfolio Management Portfolio Summary May 31, Zoos City of Temecula 43299 Business Park Drive P.O. BaX 9933 Temecula, CA. 92599 (951)694-6430 Par Market Book a/o of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit -Bank 873,983.53 873,983.53 873,983.53 0.35 1,177 822 5.saa 5.678 Managed Pool Accounts 111,189,914.43 111,189,914.43 111,189,914.43 44.59 1 1 3.530 3.579 LetterafCredit 3.00 3.00 3.00 a.aa 1 1 a.aoa a.aaa Local Agencylnv~tment Funds 85,907,459.57 86,034,250.58 85,907,459.57 34.45 1 1 3.353 3.400 Commercial Paper - Intermit Bearing 5,940,094.20 5,940,094.20 5,940,094.20 2.38 163 93 2.278 2.309 Federal Agency Callable Securities 37,x00,000.00 37,551,832.00 37,400,0OO.Oa 15.00 1,544 1,346 4.522 4.585 FederalAgencyBulletSecurities 3,000,000.00 2,976,880.00 2,993,700.00 1.20 1,135 944 3.448 3.496 Investment Contracts 5,066,488.76 5,066,x88.76 5,066,488.76 2.03 9,336 7,036 4.289 4.349 249,377,943.49 249,633,446.50 249,371,643.49 100.00% 444 362 3.610 3.660 Investments Cash and Accrued Interest PassbooklChecking 1,259,282.10 1,259,282.10 1,259,282.10 1 1 a.aaa a.aaa (not included in yield calculations) Accrued Interest at Purchase 7,093.89 7,093.89 SUbt6tal 1,266,375.99 1,266,375.99 Total Cash and Investments 250,637,225.59 250,899,822.49 250,638,019.48 444 362 3.610 3.660 Total Earnings May 31 Month Ending Fiscal Year Ta Date Current Year 719,837.22 18,484,338.17 Average Daily Balance 237,900,497.57 213,040,328.36 Effective Rate of Return 3.56% 5.35% Reporting period 05!01!2008-05!31!2008 Portfolio TEME CP Run Date: 07l1{U2008 -17:10 PM (PRF_PM1) SymRept &.41.202a Report Ver. 5.00 City of Temecula, California Portfolio Management Portfolio Details -Investments May 31, 2aas Page 2 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Date Certificates of Deposit -Bank 95453518-2 86-12 GENIM2 USBANK 06/12/2007 873,983.53 673,983.53 873,983.53 5.600 Subtotal and Average 873,983.53 873,983.53 873,983.53 873,983.53 Managed Pool Accounts 122216003-2 CITY COP RE2 SYSCERBT2008 CERBT2008 104348006 01-2 1MP 104348006 01-2 RESA 104348016 01-2 RES B 104348000 01-2 SP TAX 94669911 03-1 ACO Al 94669921 03-1 ACQ Bi 94669902 03-1 BOND 94669916 03-1 RES B 94669000 03-1 SP TAX 793593011 03-2 ACQ 793593009 03-2 EMW D 793593007 03-2 1MP 793593010 03-2 PW ADM 793593006 03-2 RES 793593000 03-2 SP TX 744727011 03-3 ACQ 1 744727002 03-3 BOND 744727007 03-3 CITY 1 744727009 03-3 EMW D 1 94669000 03-3 SP TAX 94686001 03-4 ADMIN 94686005 03-4 PREPMT 94686000 03-4 REDEMP 94686006 03-4 RES 78776002 03-6 BOND 786776007 03-6 1MP 786776006 03-6 RES 786776000 03-6 SP TAX 95453510 86-12 BOND 95453518 88-12 GEN I 122216009 GITY COP COS 122216003 CITY COP RES Run Date: f~7110l2f~08 - 17:1 ~ 5.600 5.G78 822 09.101!2010 5.600 5.678 822 ASSURED GUARANTY 03/13/2008 1.00 1.00 1.00 1.000 0.986 1.000 1 CALPERS EMPLOYEE RETIREE BENEF 05/31!2008 3,488,896.00 3,488,896.00 3,488,896.00 7.750 7.644 7.750 1 First American Treasury 255,421.84 255,421.84 255,421.84 1.820 1.795 1.820 1 First American Treasury 400.96 400.96 400.96 1.820 1.795 1.820 1 First American Treasury 189.51 189.51 189.51 1.620 1.795 1.820 1 First American Treasury 128.25 128.25 128.25 1.820 1.795 1.820 1 First American Treasury 4,243.71 4,243.71 4,243.71 1.820 1.795 1.820 1 Firsk American Treasury 15,010.85 15,010.85 15,010.85 1.820 1.795 1.820 1 First American Treasury 0.34 0.34 0.34 2.940 2.900 2.940 1 First American Treasury 205.15 205.15 205.15 1.820 1.795 1.820 1 First American Treasury 213.27 213.27 213.27 1.820 1.795 1.820 1 First American Treasury 91,408.54 91,408.54 91,408.54 1.820 1.795 1.820 1 First American Treasury 4,200.83 4,200.83 4,200.83 1.820 1.795 1.820 1 First American Treasury 3,418.57 3,418.57 3,418.57 1.820 1.795 1.820 1 First American Treasury 121.26 121.26 121.26 1.820 1.795 1.820 1 Firsk American Treasury 365.07 365.07 365.07 1.820 1.795 1.820 1 First American Treasury 359.03 359.03 359.03 1.820 1.795 1.820 1 First American Treasury 9,776.78 9,776.78 9,776.78 1.820 1.795 1.820 1 First American Treasury 0.51 0.51 0.51 1.960 1.933 1.960 1 First American Treasury 1,741.20 1,741.20 1,741.20 1.820 1.795 1.820 1 First American Treasury 1,437.87 1,437.87 1,437.87 1.820 1.795 1.820 1 First American Treasury 258.54 258.54 258.54 1.820 1.795 1.820 1 First American Treasury 17,764.87 17,764.87 17,764.87 1.820 1.795 1.820 1 Firsk American Treasury 4,043.94 4,043.94 4,043.94 1.820 1.795 1.820 1 First American Treasury 40.00 40.00 40.00 1.620 1.795 1.820 1 First American Treasury 87.83 87.83 87.83 1.820 1.795 1.820 1 First American Treasury 0.02 0.02 0.02 4.740 4.675 4.740 1 First American Treasury 18.05 18.05 18.05 1.820 1.795 1.820 1 First American Treasury 306.72 306.72 306.72 1.820 1.795 1.820 1 First American Treasury 18.67 18.67 18.67 1.820 1.795 1.820 1 First American Treasury 2,923.43 2,923.43 2,923.43 1.820 1.795 1.820 1 First American Treasury 07/01!2007 24.04 24.04 24.04 1.820 1.795 1.820 1 First American Treasury 03/13/2008 40,532.81 40,532.81 40,532.81 1.820 1.795 1.820 1 First American Treasury 03/13!2008 538.45 538.45 538.45 1.820 1.795 1.820 1 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.2(12a Report Ver. 5.(10 City of Temecula, California Portfolio Management Portfolio Details -Investments May 31, 2aas Page 3 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Date Managed Pool Accounts 107886a0a RDA 06 A INT First American Treasury 200. 52 200. 52 200.52 1.820 1.795 1.820 1 107886010 RDA 06 B INT First American Treasury 28. 58 28. 58 28.58 1.820 1.795 1.820 1 107686a06 RDA 06 CIP A First American Treasury 113. 87 113. 67 113.87 1.820 1.795 1.820 1 107886018 RDA 06 CIP B First American Treasury 6,778. 72 6,778. 72 6,778.72 1.820 1.795 1.820 1 107686a16 RDA 06 RES B First American Treasury 207,547. 86 207,547. 68 207,547.86 1.820 1.795 1.820 1 107886030 RDA 07 CAP I First American Treasury 11/01!2007 66. 71 66. 71 66.71 1.820 1.795 1.820 1 107886a29 RDA 07 COI First American Treasury 11/01/2007 0. 00 0. 00 0.00 1.820 1.795 1.820 1 107886027 RDA 07 ESCRO First American Treasury 11/01!2007 451. 75 451. 75 451.75 1.820 1.795 1.820 1 107686a28 RDA 07 PROJE First American Treasury 11/01/2007 17,213. 31 17,213. 31 17,213.31 1.820 1.795 1.820 1 107886026 RDA 07 RESER First American Treasury 11/01!2007 90. 85 90. 85 90.85 1.820 1.795 1.820 1 94434160 RDA TABS INT First American Treasury 745. 36 745. 36 745.36 1.820 1.795 1.820 1 94432360 TCSD COPS IN First American Treasury 22. 56 22. 56 22.56 1.820 1.795 1.820 1 793593a11-1 03-2-1 ACOUI CA Local Agency Investment Fun 07/01/2007 41,179,612. 61 41,179,812. 61 41,179,612.61 3.400 3.353 3.400 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 07/01!2007 1,506,225. 49 1,506,225. 49 1,506,225.49 3.400 3.353 3.400 1 793593a07-1 03-2-1 IMPRO CA Local Agency Investment Fun 07/01/2007 1,156,673. 59 1,158,873. 59 1,158,873.59 3.400 3.353 3.400 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 07/01!2007 685,690. 54 685,690. 54 685,690.54 3.400 3.353 3.400 1 793593a06-3 03-2-3 RESER CA Local Agency Investment Fun 07/01/2007 3,757,610. 42 3,757,810. 42 3,757,610.42 3.400 3.353 3.400 1 122216008 CITY COP CIP CA Local Agency Investment Fun 03/13!2008 22,548,795. 38 22,548,795. 38 22,548,795.38 3.400 3.353 3.400 1 122216a03-1 CITY COP RE1 CA Local Agency Investment Fun 03/13/2008 792,715. 43 792,715. 43 792,715.43 3.400 3.353 3.400 1 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 16,941,202. 09 16,941,202. 09 16,941,202.09 3.400 3.353 3.400 1 107686a1 B-2 RDA 06 CIP-2 CA Local Agency Investment Fun 2,955,642. 46 2,955,842. 48 2,955,642.46 3.400 3.353 3.400 1 107886030-1 RDA 07 CAP-1 CA Local Agency Investment Fun 11/01!2007 607,699. 24 607,699. 24 607,699.24 3.777 3.725 3.777 1 107886a27-1 RDA 07 ESC-1 CA Local Agency Investment Fun 11/01/2007 4,115,635. 09 4,115,635. 09 4,115,635.09 3.777 3.725 3.777 1 107886028-1 RDA 07 PRO-1 CA Local Agency Investment Fun 11/01!2007 9,934,591. 73 9,934,591. 73 9,934,591.73 3.777 3.725 3.777 1 107886a26-1 RDA 07 RES-1 CA Local Agency Investment Fun 11/01/2007 827,660. 32 827,660. 32 627,660.32 3.777 3.725 3.777 1 107886006 RDA 06 RES A MBIA Surety Bond 1. 00 1. 00 1.00 2.190 2.160 2.190 1 94434166 RDA TABS RES MBIA Surety Bond 1. 00 1. 00 1.00 2.190 2.160 2.190 1 Subtotal and Average 107,821,962.98 111,189,914.43 111,189,914.43 111,189,914.43 3.530 3.579 1 Letter of Credit 104348006-1 02a06 ASSURANCE CO BOND INSURANCE 793593006-2 02006 Citibank, N.A. 793593a06-1 02a05 Ohio Savings Bank a7/o112ao7 1.oa 1.ao 07/01!2007 1.00 1.00 a7/o112ao7 1.oa 1.ao 3.00 3.00 1.oa 1.00 1.oa 3.00 O.Oa0 0.000 o.ooo o.ooo a.aao o.oaa Subtotal and Average 3.00 Local Agency Investment Funds 94669911-1 03-1 ACOA2 94669921-1 03-1 ACOB2 CA Local Agency Investment Fun CA Local Agency Investment Fun Run Date: f~7110l2f~08 - 17:1 ~ 1,463,985.72 1,463,985.72 3,743,619.69 3,743,619.69 0.000 0.000 1 1,463,985.72 3.400 3.353 3.400 3,743,619.69 3.400 3.353 3.400 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.2(12a City of Temecula, California Portfolio Management Portfolio Details -Investments May 31, 2aas Page 4 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance []ate Par Value Market Value Baak Value Rate 360 365 Maturity Date Local Agency Investment Funds 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 5,950,390.52 5,950,390.52 5,950,390.52 3.400 3.353 3.400 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 2,417,860.59 2,417,860.59 2,417,860.59 3.400 3.353 3.400 1 744727009-1 03-3 EMW D 2 CA Local Agency Investment Fun 435,840.09 435,840.09 435,840.09 3.400 3.353 3.400 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 510,260.06 510,260.06 510,260.06 3.400 3.353 3.400 1 SYSCITY CITY CA Local Agency Investment Fun 21,846,029.57 21,864,831.29 21,646,029.57 3.400 3.353 3.400 1 SYSRDA RDA CA Local Agency Investment Fun 22,134,435.99 22,173,749.96 22,134,435.99 3.400 3.353 3.400 1 SYSTCSD TCSD CA Local Agency Investment Fun 27,405,037.34 27,453,712.66 27,405,037.34 3.400 3.353 3.400 1 Subtotal and Average 75,603,588.60 85,907,459.57 86,034,250.58 85,907,459.57 3.353 3.400 1 Commercial Paper -Interest Bearing 104348006-2 01-2RESA1 USBANK 03/18/2008 441,166.18 441,166.18 441,166.18 2.150 2.150 2.180 93 09/02/2008 104348016-1 01-2 RES B 1 USBANK 03/18!2008 202,728.75 202,728.75 202,728.75 2.150 2.150 2.180 93 09!02!2008 104348000-1 01-2 SP TX 1 USBANK 03/24/2008 44,698.49 44,696.49 44,698.49 2.200 2.200 2.231 93 09/02/2006 104348000-2 01-2 SP TX2 USBANK 03/18!2008 120,570.24 120,570.24 120,570.24 2.150 2.150 2.180 93 09!02!2008 94669916-1 03-1 RES B 1 USBANK 03/18/2008 223,360.03 223,360.03 223,360.03 2.150 2.150 2.160 93 09/02!2008 94669900-1 03-1 SP TX 1 USBANK 03/24!2008 48,423.78 48,423.78 48,423.78 2.200 2.200 2.231 93 09!02!2008 94669900-2 03-1 SP TX2 USBANK 03/18/2008 209,621.44 209,621.44 209,621.44 2.150 2.150 2.180 93 09/02/2006 793593016 03-2 LOC USBANK 03/27!2008 3,412,374.62 3,412,374.62 3,412,374.62 2.370 2.370 2.403 93 09!02!2008 793593000-1 03-2 SP TX 1 USBANK 03/18/2008 418,562.66 418,562.66 418,562.66 2.150 2.150 2.180 93 09/02/2008 744727000-1 03-3 SP TX 1 USBANK 03/18!2008 226,362.05 226,362.05 226,362.05 2.150 2.150 2.180 93 09!02!2008 744727000-2 03-3 SP TX 2 USBANK 03/18/2008 56,681.63 56,661.63 56,681.63 2.200 2.200 2.231 93 09/02/2006 SYS03-4 REDEMP2 03-4 REDEMP2 USBANK 03/03!2008 50,780.20 50,780.20 50,780.20 2.150 2.150 2.180 93 09!02!2008 SYS03-4 RESER-2 03-4 RESER-2 USBANK 03/03/2008 96,467.50 96,467.50 96,467.50 2.150 2.150 2.180 93 09/02!2008 786776006-1 03-6 RES-1 USBANK 03/18!2008 338,657.38 338,657.38 338,657.38 2.150 2.150 2.180 93 09!02!2008 786776000-1 03-6 SP TX-1 USBANK 03/18/2008 11,420.22 11,420.22 11,420.22 2.150 2.150 2.180 93 09/02/2006 786776000-2 03-6 SP TX-2 USBANK 03/24!2008 10,581.77 10,581.77 10,581.77 2.200 2.200 2.231 93 09!02!2008 95453518 88-12 G I ~ USBANK 03/18/2008 27,637.26 27,637.26 27,637.26 2.150 2.150 2.180 93 09/02/2008 Subtotal and Average 5,940,094.20 5,940,094.20 5,940,094.20 5,940,094.20 2.278 2.309 93 Federal Agency Ca llable Securities 3133X4M1 01075 Federal Farm Credit Bank 09/28!2007 1,000,000.00 1,025,310.00 1,000,000.00 5.000 4.932 5.000 1,580 09!28!2012 31331YSC5 01085 Federal Farm Credit Bank 02/06/2008 2,000,000.00 1,967,500.00 2,000,000.00 3.590 3.541 3.590 1,345 02!06!2012 31331YQX1 01086 Federal Farm Credit Bank 02/11!2008 2,000,000.00 1,997,500.00 2,000,000.00 3.000 2.959 3.000 620 02!11!2010 31331YTS9 01087 Federal Farm Credit Bank 02/14/2008 2,000,000.00 1,971,880.00 2,000,000.00 3.750 3.699 3.750 1,716 02/11/2013 31331WR5 01091 Federal Farm Credit Bank 03/24!2008 1,000,000.00 986,880.00 1,000,000.00 3.150 3.107 3.150 1,026 03!24!2011 3133XL4P5 01066 Federal Home Loan Bank 06/04/2007 1,000,000.00 1,000,310.00 1,000,000.00 5.300 5.227 5.300 733 06!04!2010 3133XL6S7 01067 Federal Home Loan Bank 06/06!2007 1,000,000.00 1,000,310.00 1,000,000.00 6.000 5.918 6.000 1,466 06!06!2012 3133XLBS1 01068 Federal Home Loan Bank 07/19/2007 1,000,000.00 1,001,880.00 1,000,000.00 5.500 5.423 5.498 754 06!25!2010 PortfolioTEME GP Run Date: f~7/10(2f~08 - 17:1 ~ PM (PRF_PM2} SymRept 6.41.2(12a City of Temecula, California Portfolio Management Portfolio Details -Investments May 31, 2aas Page 5 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Date Federal Agency Callable Securities 3133XLSQ7 01069 Federal Home Loan Bank 07/30/2007 1,000,000.00 1,034,380.00 1,000,000.00 5.650 5.573 5.650 1,520 07/30/2012 3133XLXW8 01071 Federal Home Loan Bank 08/15!2007 1,000,000.00 1,005,940.00 1,000,000.00 5.500 5.425 5.500 1,536 08!15!2012 3133XK2N4 01072 Federal Home Loan Bank 08/24/2007 2,000,000.00 2,441,880.00 2,000,000.00 5.330 5.256 5.329 1,374 03/06!2012 3133XM5R8 01073 Federal Home Loan Bank 08/28!2007 1,000,000.00 1,024,380.00 1,000,000.00 5.080 5.011 5.080 1,181 08!26!2011 3133XM5E7 01074 Federal Home Loan Bank 08/28/2007 1,000,000.00 1,029,060.00 1,000,000.00 5.220 5.135 5.206 1,549 08/28/2012 3133XMDM0 01077 Federal Home Loan Bank 10/02!2007 1,000,000.00 1,008,750.00 1,000,000.00 5.300 5.227 5.300 1,584 10!02!2012 3133XMLM1 01079 Federal Home Loan Bank 10/17/2007 1,000,000.00 1,008,440.00 1,000,000.00 5.000 4.930 4.999 1,233 10/17/2011 3133XMLG4 01080 Federal Home Loan Bank 10118!2007 1,000,000.00 1,009,380.00 1,000,000.00 5.200 5.128 5.200 1,591 10!09!2012 3133XC]EF5 01089 Federal Home Loan Bank 64/02/2008 1,000,000.00 996,560.00 1,000,000.00 3.800 3.748 3.800 1,401 04/02/2012 3133X4Y48 01093 Federal Home Loan Bank 04/28!2008 1,000,000.00 992,190.00 1,000,000.00 3.600 3.551 3.600 1,244 10!28!2011 3133XKH24 1062 Federal Home Loan Bank 04/16/2007 1,000,000.00 1,423,440.00 1,000,000.00 5.250 5.178 5.250 1,415 04.116!2012 3128X6ML7 01076 Federal Home Loan Mtg Corp 10/01!2007 1,000,000.00 1,007,540.00 1,000,000.00 5.000 4.932 5.000 852 10!01!2010 3126X6MQ6 01081 Federal Home Loan Mtg Corp 10/18/2007 1,000,000.00 1,006,560.00 1,000,000.00 5.250 5.177 5.249 1,583 10/01/2012 3128X6RP3 01082 Federal Home Loan Mtg Corp 11/28!2007 1,400,606.06 1,408,442.00 1,400,000.00 4.600 4.537 4.600 908 11!26!2010 3126X6UL8 01083 Federal Home Loan Mtg Corp O1/Q3/2008 2,000,000.00 2,001,200.00 2,000,000.00 5.000 4.931 4.999 1,654 12/11?2612 3128X6L61 01084 Federal Home Loan Mtg Corp 02/04!2008 2,000,000.00 1,992,420.00 2,000,000.00 4.000 3.945 4.000 1,709 02!04!2013 31398ADF6 01070 Federal National Mtg Assn 08/09/2007 1,000,000.00 1,000,940.00 1,000,000.00 5.600 5.521 5.598 1,472 06/12/2012 3136F8TE5 01078 Federal National Mtg Assn 10/15!2007 1,000,000.00 1,007,810.00 1,000,000.00 5.002 4.936 5.005 1,139 07!15!2011 3136F9CB7 01088 Federal National Mtg Assn 03/11/2008 2,000,000.00 1,993,760.00 2,000,000.00 4.000 3.945 4.000 1,744 03/11!2013 3136F9DP5 01090 Federal National Mtg Assn 03/27!2008 1,000,000.00 998,130.00 1,000,000.00 4.000 3.945 4.000 1,760 03!27!2013 3136F9MU4 01094 Federal National Mtg Assn 04/30/2008 1,000,000.00 997,500.00 1,000,000.00 3.000 2.959 3.000 698 04/30/2010 31398ABC5 1065 Federal National Mtg Assn 05/11!2007 1,000,000.00 1,011,560.00 1,000,000.00 5.300 5.227 5.300 1,436 05!07!2012 Subtotal and Average 37,400,000.00 37,400,000.00 37,551,832.00 37,400,000.00 4.522 4.585 1,346 Federal Agency Bullet Securities 31331XMQ2 01059 Federal Farm Credit Bank 01/26!2007 1,000,000.00 1,035,066.60 1,000,000.00 5.000 4.934 5.002 724 05!26!2010 31331YG46 01092 Federal Farm Credit Bank 64/21/2008 2,000,000.00 1,941,880.00 1,993,700.00 2.630 2.703 2.740 1,054 04/21/2011 Subtotal and Average 2,993,700.00 3,000,000.00 2,976,880.00 2,993,700.00 3.448 3.496 944 Investment Contracts 94669906-1 03-1 RES A2 American International Group M 04/28!2004 863,900.00 863,900.00 863,900.00 4.830 4.764 4.830 9,222 08!31!2033 744727006-1 03-3 RESERV IXIS Funding Corp 07/28/2004 2,171,120.00 2,171,120.00 2,171,120.00 3.000 2.959 3.000 9,587 08/31/2034 95453518-1 88-12 GEN IM IXIS Funding Corp 07/24!1998 500,606.06 500,066.60 500,660.06 5.430 5.509 5.585 3,379 09!01!2017 95453516-1 88-12 RES 2 IXIS Funding Corp 07/24/1998 1,531,468.76 1,531,468.7E 1,531,468.76 5.430 5.509 5.565 3,379 09/01/2017 Subtotal and Average 5,066,488.76 5,066,488.76 5,066,488.76 5,066,488.76 4.289 4.349 7,036 PortfolioTEME GP Run Date: f~7/10(2f~08 - 17:1 ~ PM (PRF_PM2} SymRept 6.41.2(126 City of Temecula, California Portfolio Management Portfolio Details -Investments May 31, 2aas Page 6 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Baok Value Rate 360 365 Maturity Total and Average 237,900,497.57 249,377,943.49 249,633,446.50 249,371,643.49 3.610 3.660 362 Run Date: 07110(2008 - 17:10 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details -Cash May 31, 2aas Page 7 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Retention Escrow Account SYSBARNHART 1 BARN HART 1 California Bank & Trust 0.00 0.00 0.00 2.250 2.219 2.250 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01!2007 2,710.00 2,710.00 2,710.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2007 8,123.88 8,123.88 8,123.88 0.000 0.000 1 SYSGen CkAcct Gen CkAcct Union Bank of California 07/01!2007 1,248,448.22 1,248,448.22 1,248,448.22 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2007 0.00 0.00 0.00 0.000 0.000 1 Average Balance 0.00 Accrued Interest at Purchase 7,093.69 7,093.89 1 Subtotal 1,266,375.99 1,266,375.99 Total Cash and Investments 237,900,497.57 250,637,225.59 250,899,822.49 250,638,019.48 3.610 3.660 362 Run Date: 07110(2008 - 17:10 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.202a CASH AND INVESTMENTS CITY OF TEMECULA AS OF MAY 31, 2008 Fund Total GENERAL FUND $ 48,001,513.70 STATE GAS TAX FUND 0.04 DEVELOPMENT IMPACT FUND 4,448,659.14 AB 2766 FUND 473,844.36 RDA DEV LOWIMOD 20% SET ASIDE 9,022,912.05 MEASURE A FUND 7,751,327.69 TEMECULA COMMUNITY SERVICES DISTRICT 1,223,013.37 TCSD SERVICE LEVEL "B" STREET LIGHTS 212,040.49 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 812,373.53 TCSD SERVICE LEVEL "D" 2,378,595.62 TCSD SERVICE LEVEL "R" STREET/ROAD 38,612.51 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 297,972.73 TEMECULA LIBRARY FUND 1,749,718.08 CAPITAL IMPROVEMENT PROJECT FUND 40,538,603.25 CFD 01-2 HARVESTON A&B IMPROVEMENT 255,421.84 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 5,226,859.97 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 8,817,047.05 CFD 03-6 HARVESTON 2 IMPROVEMENT FUND 510,278.11 CFD-RO RI PAUL H 43, 943, 939.63 REDEVELOPMENT AGENCY - CIP PROJECT 24,923,809.82 INSURANCE FUND 1,345,963.76 VEHICLES FUND 657,112.07 INFORMATION SYSTEMS 555,883.81 SUPPORT SERVICES 314,393.13 FACILITIES 97,618.88 CITY 2008 COP'S DEBT SERVICE 833,787.69 RDA 2002 TABS DEBT SERVICE 16,583,843.80 TCSD 2001 COP'S DEBT SERVICE 12,614.57 CFD 88-12 DEBT SERVICE FUND 4,632,336.61 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,366,574.59 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,868,966.96 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 228,329.55 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 3,746,279.20 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 543,875.22 CFD- RORIPAUGH 13,913,655.20 CERBT CALIFORNIA EE RETIREE GASB 45 3,572,044.47 Grand Total: $ 250,899,822.49 ITEM RI~J. 6 Approvals City Attorney Director of Finance 5~~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jerry Williams, Chief of Police DATE: July 22, 2008 SUBJECT: State of California Department of Alcoholic Beverage Control Grant Assistance Program PREPARED BY: Heidi Schrader, Management Analyst RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT FROM THE STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL GRANT ASSISTANCE PROGRAM 2. Increase estimated General Fund Grant Revenue by $76,262. 3. Appropriate $76,262 from General Fund Grant Revenue to the Police Department. BACKGROUND: The Temecula Police Department has been active in seeking grant funding to increase alcohol related enforcement within the City. With 158 restaurants that serve alcoholic beverages as well as 71 retailers licensed to sell alcoholic beverages, there is a need for additional education and enforcement. In 2007, Temecula Police Officers made 401 arrests for driving under the influence and 195 arrests for public intoxication. Many of these incidents were committed by patrons of established facilities within the City. Recently the City received notification of the award of $76,262 in grant funding from the Department of Alcoholic Beverage Control to perform additional operations aimed at educating the owners and employees of establishments which sell alcohol. In addition, the funding will help to establish a "Retail Operating Standards Task Force" which will proactively identify and address public nuisance problems at the point of sale. Work will be performed by existing Police Department staff on an overtime basis. FISCAL IMPACT: General Fund grant revenues will be increased by $76,262 and will offset the appropriation of $76,262 in the Police Department budget for grant expenditures. ATTACHMENTS: Resolution 08- RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY TO SUBMIT A PROPOSAL TO AND ENTER INTO AN AGREEMENT 1NITH THE STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL FOR THE GRANT ASSISTANCE PROGRAM THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby finds, determines and declares that: A. The City Council of the City of Temecula desires to undertake a certain project designated as the State of California Department of Alcoholic Beverage Control Grant Assistance Program to be funded in part from funds made available through the Grant Assistance Program {"GAP"} administered by the Department of Alcoholic Beverage Control {"ABC"}; B. The goal of the project, for which GAP funds are sought, is to reduce the incidence of alcohol related problems in the City through a combination of education and enforcement, as provided in the GAP proposal {"Proposal"} in Exhibit A attached hereto and incorporated by this reference. The project will also include training to sworn personnel and retailers and education to citizens through town meetings and press releases. C. To obtains GAP funds through ABC, ABC requires that the City enter into an agreement with ABC {"Agreement"}, as provided in Exhibit "B" attached hereto and incorporated by this reference,. D. The City Council acknowledges and agrees that any liability arising out of the performance of the Agreement, as shown in Exhibit "A" attached hereto and incorporated by this reference, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and ABC disclaim responsibility for any such liability. E. The City Council acknowledges that any grant funds received hereunder shall not be used to supplant expenditures controlled by this City Council. F. The City Council acknowledges and agrees that the award granted to the City by the ABC shall not subject to local hiring freezes. Section 2. The City Council hereby authorizes the City Manager of the City of Temecula, on the City's behalf, to submit the attached Proposal to ABC {Exhibit "A"} and execute the attached Agreement (Exhibit "B"), including any extensions or amendments thereof and any subsequent agreement or contract with the State in relation thereto. Section 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of July, 2008. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of July, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ITEM RI~J. 7 Approvals City Attorney S~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: July 22, 2008 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 88-12 (Ynez Corridor) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) BACKGROUND: The County of Riverside (the "County") established Community Facilities District No. 88-12 (the "District") in 1989 to finance the acquisition of a park site and improvements to Ynez Road, the Overland Drive overcrossing and other related public improvements. In 1992, the County issued special tax bonds forthe District in the principal amount of $18,325,000 (the "Bonds") to finance a portion of the improvements. Effective December 1, 1997, responsibility for the District was transferred from the County to the City. On May 12, 1998, the City Council approved a resolution authorizing the issuance of special tax refunding bonds. On June 25, 1998, special tax refunding bonds in the amount of $18,690,000 were issued. This refunding will result in savings in debt service costs of approximately $2.3 million over twenty years. The refunding bonds are special, limited obligations payable solely from special taxes levied on property in the District and moneys held under the refunding bond documents. The refunding bonds are in no way general obligations of the City. Each fiscal year a special tax is required to be levied in an amount to meet the total amount of principal and interest payable on the bonds, the estimated amount to be incurred for administrative expenses, and the amount necessary to replenish any reserve funds. This amount will be calculated and divided by the total number of acres of taxable property in the District. The resulting amount per acre will be multiplied by the number of acres in each parcel to produce the amount of the special tax for such parcel forthe fiscal year. The calculated special tax, calculated by the City's Special Tax Consultant, required to be levied for the 2008-09 fiscal year is $1,574,676.42. FISCAL IMPACT: The calculated special tax required to be levied for the 2008-09 fiscal year is $1,574,676.42. ATTACHMENTS: Resolution No. 08- PreliminaryBudget far Fiscal Year 2008109 RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City Of Temecula is the legislative body for Community Facilities District No. 88-12 (Ynez Corridor), created pursuant to the Mello- Roos Community Facilities District Act of 1982, as amended {the "Act"}. Section 2. The Board of Supervisors of the County of Riverside has enacted Ordinance No. 690 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The City Council has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution Na. 98-41 and County of Riverside Ordinance No. 690, there is to be levied an aggregate special tax of $1,574,676.42 on the parcels which comprise the CFD for Fiscal Year 2008-09 as set forth on a magnetic tape to be provided by NBS to the Auditor-Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by County of Riverside Ordinance No. 690, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whale or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. 98-41 and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 7. The Auditor-Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 88-12 {Ynez Corridor}" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The City Clerk shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of July, 2008. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of July, 2008, 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 Community Facilities District No. 88-72 Preliminary Budget for Fiscal Year 2008/09 Category/Item FY 2006/09 FY 2007/08 Increase / (Decrease) Principal and Interest Principal $940,000.00 $895,000.00 $45,000.00 Interest 586,505.00 633,492.50 (46,987.50) Subtotal: $1,526,505.00 $1,528,492.50 ($1,987.50) Admin. Expenses Agency administrative costs $30,000.00 $30,000.00 0.00 Tmstee/Paying Agent costs 3,300.00 3,300.00 0.00 County collection fees (1) 202.80 187.20 15.60 Arbitrage calculation costs 2,000.00 0.00 2,000.00 Continuing disclosure costs 1,352.64 1,332.50 - 20.14 Reimbursement Costs 5,000.00 5,000.00 0.00 Administration costs -5,725.00 5,610.00 115.00 Administration expenses 285.00 ~ 150.00 135.00 Subtotal: $47,865.44 $45,579.70 $2,285.74 Miscellaneous DM charges -district-wide $308.40 $0.00 $308.40 Special Tax Fund Credit 0.00 0.00 0.00 Manual adjustments 0.00 3.67 (3.67) Installment rounding (2.42) (0.39) (2.03) Reserve Fund credit 0.00 0.00 0.00 Subtotal: $305.98 $3.28 $302.70 Grand Total: $1,574,676.42 $1,574,075.48 $600.94 Total Accounts: 520 520 0 The Grand Total will be reduced by county collect ion fees shown above if the county retai ns such fees from the apportionment of funds. Footnotes: - (1) Equal to 39 cents per parcel Approval Signature Date Copyright©1999-2008 NBS 7/02/2008 1:03a8PM ITEM RI~J. S Approvals City Attorney Director of Finance 5~~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: July 22, 2008 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Old Town Civic Center Project, Project No. PW06-07 PREPARED BY: Greg Butler, Deputy Director of Public Works, CIP Mayra De La Torre, Senior Engineer, CIP RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE PLANS AND SPECIFICATIONS FOR THE OLD TOWN CIVIC CENTER PROJECT (PW06-07) AND AUTHORIZING THE SOLICITATION OF CONSTRUCTION BIDS BACKGROUND: On June 27, 2006 the City Council approved the master plan for Phase I of the Old Town Civic Center Master Plan. Phase 1 consists of the development of the parking structure; improvements to Mercedes Street and Main Street, and construction of the Town Square. Construction of the Street and Town Square improvements are well underway. The City is currently soliciting bids for the proposed parking structure. The master plan for Phase II of the Old Town Civic Center including the design and construction of the Civic Center itself was approved on April 10, 2007. The New Civic Center will consist of a 1, 2 & 3 story City Hall office building with attached Council Chambers as well as a semi- attached Civic Auxiliary room. In addition to the building, the project will include construction of all site amenities, precise grading, on site dry and wet utilities, a civic quad area which will tie into the Town Square, and a perimeter service road. The plans and specifications are substantially complete and the project is ready to be distributed to the prequalified contractors for construction bids. The contract documents are available for review in the Director of Public Work's office. The Engineer's Construction Estimate for this project is $39,400,000. FISCAL IMPACT: and is funded with Corporate Facilities. this project. ATTACHMENTS The project is included in the FY09-13 CIP Budget as the Civic Center Capital Project Reserves, Certificates of Participation {COPs) and DIF - Adequate Funds are be available in ProjectAccount No.210-165-751-5$04for 1. Resolution 2. Location Map 3. Project Description RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE PLANS AND SPECIFICATIONS FOR THE OLD TOWN CIVIC CENTER (PWOfi-47) AND AUTHORIZING THE SOLICITATION OF CONSTRUCTION BIDS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: 1. The City Council hereby approves the plans and specifications in substantially the form on file in the office of the Director of Public Works for the Old Town Civic Center Project {PW06-07} in accordance with the Civic Center Master Plan. 2. The City Council further authorizes the Department of Public Works to solicit construction bids for the Old Town Civic Center Project (PW06-07}. 3. As part of the approvals set forth in this Resolution, the City Council hereby finds, determines and declares that: A. The Old Town Civic Center Master Plan is specifically described in the Initial Study prepared for the Old Town Civic Center Master Plan and is comprised of three major components that will be constructed in phases on a 6.75-acre site at the corner of Mercedes Street and Main Street. Phase one is described as the construction of a multiple level parking structure that will accommodate, a maximum of 480 vehicles and approximately 12,000 square feet of office space, the construction of a civic plaza on not more than one acre and improvements to 1,800 feet to both sides of Mercedes Street (intersections, streetscape and undergrounding of utilities}. The second phase is described as the construction of an approximately 93,500 square foot city hall and civic center. A final phase is described as the construction {by others} of approximately 52,000 square feet of retail office space. The retail component is purposely overstated to account for the maximum potential impacts of the project. A portion {approximately 50%} of the retail component is more likely to accommodate office type uses. B. On June 26, 2006, the City Council held a duly noticed public hearing on the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Plan and the Old Town Civic Center Master Plan at which time all persons interested in the Mitigated Negative Declaration, Mitigation Monitoring Program and Old Town Civic Center Master Plan had the opportunity to and did address the City Council on these matters. C. On June 26, 2006, the City Council adopted Resolution No. 06-58 approving the Mitigated Negative Declaration for the Old Town Civic Center Master Plan {"Mitigated Negative Declaration"}. In adopting Resolution No. 06-58 the Council made the following findings: 1) Pursuant to California Environmental Quality Act {"CEQA"} and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the approval of the Civic Center Master Plan as described in the Initial Study {the "Project"}. Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the Project could have a significant effect an the environment and a Mitigated Negative Declaration was prepared. 2) Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on May [17], 2006 and expired an June [26], 2006. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 43200 Business Park Drive, Temecula, California 92589. 3} One written comment was received prior to the public hearing and a response to all of the comments made therein was prepared, submitted to the Council and incorporated into the administrative record of the proceedings. 4} The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Negative Declaration prior to and at the June 26, 2006 public hearing, and based on the whole record before it, finds that: (1 } the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and {3} the Negative Declaration reflects the independent judgment and analysis of the City Council. D. A Notice of Determination was filed with the County Clerk of Riverside County on June 27, 2006 as required by law. E. On April 10, 2007 the Council approved the Old Town Civic Center Phase II Master Plan in reliance on the Initial Study and Mitigated Negative Declaration approved for the Old Town Civic Center Master Plan on June 26, 2006 by Resolution No. 06-58. F. The improvements described in the plans and specifications for the Old Town Civic Center Project (PW06-07) are a part of the Old Town Civic Center Master Plan and were all considered and studied in the Initial Study and Mitigated Negative Declaration. The Old Town Civic Center Master Plan described in the Mitigated Negative Declaration has not changed since its adoption. There are no new significant effects that will be caused by construction of the improvements described in the plans and specifications for the Old Town Civic Center Project (PW06-07}. Nor will the construction of said improvements increase the severity of any previously identified impacts. The impacts will remain the same as analyzed in the Mitigated Negative Declaration. G. No new circumstances exist that could introduce new significant effects or increase the severity of previously identified impacts of the Old Town Civic Center Master Plan ar the plans and specifications for the Old Town Civic Center Project {PW06-07) analyzed in the Mitigated Negative Declaration. H. No new information exists that suggests new significant effects or that increases in the severity of previously identified effects analyzed in the Mitigated Negative Declaration. Nar does any new information exist that suggests new mitigation -2- measures or suggests that mitigation measures previously identified as infeasible are in fact feasible. I. Therefore, because there are no significant effects, no increase in the severity of previously identified effects, no new mitigation measures and no change in the mitigation measures previously discussed, the City Council finds pursuant to Sections 15162 and 15163 of the California Environmental Quality Act Guildelines (14 Cal. Code Regs §§ 15400 et seq.) that a supplemental or subsequent EIR need not be prepared, and that the City may rely on the Mitigated Negative Declaration to approve the construction of the improvements described in the plans and specifications for the ~Id Town Civic Center Project (PW06-07}. 4. The City Clerk shall certify the adoption if this Resolution in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this ,day of , 2008. Michael S. Naggar, Mayor ATTEST: Susan W. Janes, MMC City Clerk [SEAL] -3- STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of July, 2008, by the fallowing vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk -4- co 0 ~a o~ y~ T~ ~~ sT ,~o 0 ~o ~~ 'tiy~~ ~o''~ d'~, yg ~O G,f, ~y s~, r,Q O~ s~ ~~ oa ~ ti ~° 0 s~, ~~~ y T~ ~~'T S~, 9~ ~~ CALLE NgC~D L T ~2 a b 0 ~. A K n f'1 C9 Cs7 z z ^~ \ 1 y N O a PROJECT DESCRIPTION Project Title: Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Administration Acquisition Construction Construction Engineering Design Fixtures/Furn/Equip Utilities Totals Source of Funds: Capital Project Reserves COPS DlF (Corporate Facilities) CIVIC CENTER Infrastructure PRIORITY: 1 Project will construct an approximately 93,000 square-foot, three-story City administration building and Council Chambers, along with a 3,500 square-foot Community Room. The project will be located near the intersection of Mercedes Street and Main Street in Old Town. Planning/Public Works - 210.165.751 Project will include design and construction of a three-story City Administration Building, Council Chambers, and Community Room on City owned parcels located east of Mercedes Street and Main Street. Project will continue to promote the revitalization of Old Town and provide a permanent facility for administrative staff through build-out. Actuals to Date Total Project 2011-12 2012-13 Cost 2008-09 2009-10 2010-11 $ 2,505 $ 397,495 $ 325,000 $ 82,000 $ 44,200,000 $ 500,000 $ 1,348,391 $ 3,872,609 $ 1,500,000 $ 2,000,000 $ 385,000 $ 1,350,896 $ 50,937,104 $ 2,325,000 $ - $ - $ - $ 1,350,896 $ 27,066,676 $ 2,325,000 $ 23,270,428 $ 600,000 Total Funding: $ 1,350,896 $ 50,937,104 $ 2,325,000 $ - $ - $ - Future O 8~ M Cost: $ 900,000 Annually $ 725,000 $ 82,000 $ 44,200,000 $ 500,000 $ 5,221,000 $ 3,500,000 $ 385,000 $ 54,613,000 $ 30,742,572 $ 23,270,428 $ 600,000 $ 54,613,000 91 ITEM RI~J. 9 Approvals City Attorney S~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: July 22, 2008 SUBJECT: Second Amendment to Agreement for Professional Engineering Design Services for the Pavement Rehabilitation -STPL Project, Project No. PW06-14 PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP Kavon Haghighi, Project Manager RECOMMENDATION: That the City Council: Approve the second amendment to the agreement with Harris & Associates for the Pavement Rehabilitation -STPL Project, Project No. PW06-14, for an amount not to exceed $22,950.00 and authorize the Mayor to execute the amendment. 2. Extend the term of the agreement with Harris & Associates to expire on December 31, 2008. BACKGROUND: On April 24, 2007, the City entered into an agreement entitled "Agreement for Professional Engineering Design Services" for Project No. PW06-14, Pavement Rehabilitation -STPL Project, with Harris & Associates in the amount of $136,764.00 plus a 10% contingency. The project originally envisioned utilizing the budget of $3,132,000.00 to rehabilitate the worst portions of Rancho California Road from Ynez to the east. While investigating improvement of Rancho California Road, staff determined it would be more cost effective to rehabilitate all of Rancho California Road from Ynez Road to the east city limits utilizing Citywide rehabilitation funds of $2,000,000.00 for a combined total of $5,132,000.00. This has increased the scope of the project substantially. As a result, the City Council approved the first amendment in the amount of $29,130.00. The City has increased the scope of the project again to perform minor widening that will provide two full west bound lanes from eastern City limits to Margarita Road and Harris & Associates has requested an additional amount of $22,950.00 for their additional work effort. Staff has reviewed their request and found it to be reasonable and cost effective. In addition Harris & Associates has performed very well to date. FISCAL IMPACT: The Pavement Rehabilitation -STPL Project, Project No. PW06-14 is funded by Measure A and State Transportation Program Funds (Federal). The total amount authorized to date is $179,570.00 which includes a 10°~ contingency amount of $13,676.00. With addition of this amendment the total amount authorized including contingency will be $202,520.00 ($188,844.00 + $13,676.00). There are adequate funds within account number 210-165-657 to cover this amendment. ATTACHMENTS: Amendment No. 2 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND HARRIS AND ASSOCIATES PAVEMENT REHABILITATION -STPL PROJECT NO. PW06-14 THIS SECOND AMENDMENT is made and entered into as of JULY 22, 2008 by and between the City of Temecula, a municipal corporation {"City") and Harris and Associates {"Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On April 24, 2007 the City and Consultant entered into that certain agreement entitled "Agreement for Professional Engineering Services between the City of Temecula and Harris and Associates for the Pavement Rehabilitation -STPL Project, Project No. PW06-14 ("Agreement") in the amount of $136,764.00. B. On February 12, 2008 the Agreement was amended increasing compensation in the amount of $29,130.00. This Amendment was for the increase in scope requested by the City to rehabilitate all of Rancho California Road from Ynez Road to the City limits rather than selected portions. C. The parties now desire to increase the payment for services in the amount of Twenty Two Thousand Nine Hundred Fifty Dollars and No Cents {$22,950.00} and amend the Agreement as set forth in this Amendment. 2. Section 1 Term of the Agreement is hereby amended to read as follows: This agreement shall commence on April 24, 2007 and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2008 unless sooner terminated pursuant to the provisions of this agreement. 3. Section 5.A Payment of the Agreement is hereby amended to read as follows: a. The City of Temecula agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Attachment "B" for services described in Attachment "A", attached hereto and incorporated herein by this reference as though set forth in full. The second amendment amount shall not exceed Twenty Two Thousand Nine Hundred Fifty Dollars and No Cents ($22,950.00) far additional design services for a total agreement amount, of One Hundred Eighty Eight Thousand Eight Hundred Forty Four Dollars and No Cents ($188,844.00.00 ). 4. Attachment "A" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. L\Program Files (x86}W eevia.ComlDocument Converterltemp1889726.doc 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. City of Temecula BY: BY: Michael S. Naggar, Mayor ATTEST: Susan W. Janes, MMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONSULTANT Harris and Associates 750 B Street, Suite 1800 San Diego, CA 92101 Office: 619-236-1778 Fax: 619-236-1179 Attention: Ehab Gerges, P.E. Ehab Gerges, PE, Associate Javier Saunders, Regional Manager (Two Signatures Required Far Corporations) 2 L\Program Files (x86}W eevia.ComlDocument Converterltemp1889726.doc ATTACHMENT "A" TASKS TO BE PERFORMED PROFESSIONAL ENGINEERING DESIGN SERVICES PAVEMENT REHABILITATION - STPL PROJECT PROJECT NO. PW06-14 3 L\Program Files (x86}Weevia.ComlDocument Converteritemp1889726.doc ATTACHMENT "B" PAYMENT RATES PROFESSIONAL ENGINEERING DESIGN SERVICES PAVEMENT REHABILITATION - STPL PROJECT PROJECT NO. PW06-14 4 L\Program Files (x86}Weevia.ComlDocument Converteritemp1889726.doc ATTACHMENT "A" ~ Harris & Associates ii Program Managers Construction Managers June 2, 2008 Mr. Kavon Haghighi City of Temecula 43200 Business Park Drive Temecula, CA 92589 Civil Engineers Re: Proposal for Additional Professional Engineering Design Services for Rancho California Road Improvements Dear Kavon: Harris & Associates appreciates the opportunity to present this proposal to provide additional professional engineering services for the preparation of plans, specifications and estimate (PS&E) for the subject project. Based on our understanding, the proposed improvements will include widening of Rancho California from one lane to two lanes (west bound traffic) at approximately station 171+00 east. The widening will add one additional lane and 4'-5' of shoulder for a total of 15' width and approximately 400' long. The widening will not include the construction of curb/gutter, concrete sidewalk or bike lane. This proposal also includes the design for construction of new raised median from approximately station 89+00 to 93+00 for approximately 400'. Our services will include additional field survey for these improvements to establish proper controls. We anticipate three (3) additional plan sheets will be required to include: • One plan and profile sheet for proposed widening (Scale 1"=20') • One plan and profile sheet for proposed median (Scale 1"=20') • One plan sheet for revised striping in widening area (Scale 1"=40') Our proposal does not include the preparation of Traffic Control plans for the widening work. We assume the contractor will prepare necessary plans during construction. FEES Harris & Associates proposes to provide the above services for the total not-to-exceed fee of $ 22,950.00. Fees would be invoiced monthly, based on actual hours of work completed. Our services would be accomplished per an agreement with the City, with all terms and conditions as stated therein. 750 B Street, Suite 1800 San Diego, California 92101 619.236.1778 FAX 619.236.1179 sandiego@harris-assoc.com ATTACHMENT "A" June 2, 2008 Mr. Kavon Haghighi Additional Services for RCR Page 2 of 2 We appreciate the continued opportunity to work with the City of Temecula, and are committed to the successful and timely completion of your project. If you have any questions, or need additional information please do not hesitate to contact me. Sincerely, Harris & Associates r ,~ ;r~ ~, ~,~~,-% ~~~ Ehab S. Gerges, P.E. Design Manager Cc: David McBride, City of Temecula Mark Webb, Harris & Associates Javid Siminou, Harris & Associates I Harris & Associates ATTACHMENT "B" HARRIS ASSOCIATES ADDITONAL FEES City of Temecula Rancho California Road Rehabilitation Project Harris & Associates Subs QA/QC PM PE DE ROW Eng. Task/Subtask $165 $150 $135 $100 Survey Subtotals Additional Professional Engineering Services Data Collection, To o & Base Ma in 4 16 $7,820 $9,960 Project Management 6 6 $1,890 Final Civil Plans (PS&E) 3 Sheets 6 40 48 $11,100 Subtotal Hours = 6 12 44 64 0 126 Subtotal $ _ $990 $1,800 $5,940 $6,400 $0 $7,820 $22,950 Sub Total Hours by Classification = 6 12 44 64 0 126 Sub Total ($) by Classification = $990 $1,800 $5,940 $6,400 $0 $7,820 Percentage of Time Allocated (by hours) 5% ] 0% 35% 51 % 0% $22,950 ITEM N~}. 1d Approvals City Attorney S~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: July 22, 2008 SUBJECT: Acceptance of Improvements and Notice of Completion for the Citywide Concrete Repairs FY 2007-08, Project No. PW08-01 PREPARED BY: Greg Butler, Deputy Director of Public Works -CIP Kendra Hannah-Meistrell, Assistant Engineer -CIP RECOMMENDATION: That the City Council: 1. Accept the construction of the Citywide Concrete Repairs FY 2007-08, Project No. PW08-01, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 3. Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On April 8, 2008, the City Council awarded a construction contract to International Pavement Solutions, Inc. in the amount of $82,969.00 to complete the Citywide Concrete Repairs FY 2007-08, Project No. PW08-01. The project included removal and replacement of damaged curb & gutter, sidewalk, drive approaches, under sidewalk drains, cross gutters, ADA ramps, and spandrels at various locations throughout the City. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works. All work will be warranted for a period of one year from the date of acceptance by the City. The construction retention for this project will be released on or about 35 days after the Notice of Completion has been recorded. FISCAL IMPACT: The Citywide Concrete Repairs FY 2007-08, Project No. PW08-01 is funded by the Public Works Maintenance Budget for routine street maintenance. The base amount of the construction contract was $82,969.00 and one (1) contract change orders was issued in the amount of $20,733.00, increasing the total authorized construction contract amountto $103,702.00. Actual quantities for two items of work varied from estimated amounts, resulting in a savings of $1,682.25. The final construction contract amount, including all change orders and quantity imbalances, is $102,019.75. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 4320 Business Park Drive, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to International Pavement Solutions Inc. P.O. Box 10458 San Bernardino CA 92423 to perform the following work of improvement: CITYWIDE CONCRETE REPAIRS FY 2007-08 Project No. PWO$-01 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on July 22. 2008. That upon said contract the Arch Insurance Company was surety for the bond given by the said company as required by law. 5. The property an which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: CITYWIDE CONCRETE REPAIRS FY 2007-08, Protect No. PW08-01 6. The location of said property is: Various locations Citywide, Temecula, California 92589 Dated at Temecula, California, this 22"d day of July. 2008. City of Temecula STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Susan W. Jones MMC, City Clerk I, Susan W. Jones M MC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 22"d day of July, 2008. City of Temecula Susan W. Jones MMC, City Clerk C:~Program Files (x86 }1Neevia.Com~Docurnent Conver[eritemp1889?78.doc PREMIUM INCLUDED IN PERFORMANCE BOND Bond Number: SU 5024864-A CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PROJECT NO. PW08-01 CITYWIDE CONCRETE REPAIRS - FY 2007-08 KNOW ALL PERSONS BY THESE PRESENT THAT: International Pavement Solutions, Inc.-1199 Opal: Mentone, CA 92359 NAME AND ADDRESS CONTRACTOR'S a Corporation ~ ,hereinafter called Principal, and (fill in whether a Corporation, Partnership or individual) Arch Insurance Company-135 North Los Robles Avenue, Suite 825: Pasadena, CA 91101 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, California hereinafter called OWNER, in the penal sum of Ten thousand two hundred one DOLLARS and 98/100 CENTS ($ 10,201.98 ) in lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 22nd day of ]uly 2008, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW08- 01, CITYWIDE CONCRETE REPAIRS - FY 2007-08. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on ]ulv 22 , 2008. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. MAINTENANCE BOND M-1 C:1DocumeMS and SeltingslKerda.MeisUaNlDesMOp1PW08-01 Bid Doca.doc `f'he Surety hereby stipulates and agrees that loo change, extension of tii~Ze, aiteratior~, or addiiic~ri to the terms of the Contract, or to the worts to be performed thereunder, or to the specifications accompanying the same, sha#! in any way affect its ob#igat#ons on this bond, and ii daeG hereby waive notice of any sucl~ change, extensian of time, alieratian, ar addition to the terms of the Contract, or to the work, or to the Specificafians. Signed and sealed this 8th {Sea!} SURETY Arch Insurance Company sy: ~~ • ~-----' ~aymond E. Gail (Plante) Attorney in Fact (Title) - -- - APPRt)Yt*n AS Tt3 FORM: day of July , 2Q08. PRINCIPAL International Pavement Solutions, Inc. By: '(Name) Peter N!. llior~an, CiiSf A.ltomey i (i•llle) ., '.i NiA.i~1T EPJk!dC[. l3UND ~ 1~? ..~ , ~.,, ,a>u•.~•:,?:,,.:: ai 4 ,•.k rc: ~.•,.:...:r::•-.. _; i:,.. _. ,~, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .. _. _ - STATE OF CALIFORNIA County of San Bemardino On ~UL ~ 8 before me, Stacia C Baker Notary Public _~ Date Here Insert Name and Title of the Officer personally appeared Raymond E. Gail Name(s) of Signer(s) STACIA C. BAKER Commission # 1776731 -r' Notary Pubic - California ~ San Bernardino County Corrm.6 IresOd29,2011 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sf~s~ey executed the same in his/Ik~eir authorized capacity(ies), and that by his/heN#~e+r signature( on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official eal. Signature ~ nAl Place Notary Seal Above Signature of Notary Publi OPTIONAL Though fhe information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Narne: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ~ ^ Guardian or Conservator Top of thumb here ^ Other: Signerls Representing: Number of Pages: Signer's Name: ^ Individual ^ Corporate Officer Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: ®2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1.800-876-6627 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Raymond E. Gail and William J. Shupper of Rancho Cucamonga, CA (EACH) its true and lawful Attomey(s}in-Fact, #o make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order fo bring each such bond within the dollar limit of authority as set forth. herein. The Company may revoke this appointment at anytime. The execution of such bonds and undertakings in pursuance of these, ~presents~ shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same hail been duly executed and acknowledged by its regularly elected officers at its .principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are~hereby certified to by the undersigned Secretary as being in full force and effect: "VOTF~, That the Chairman of the Board, the President, or any Vice. President, or their appointees designated in writing and filed with the Secretary. or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process " . This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED. That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on .March 3, 2003. and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by thew authorized officers, this 1st day of May , 20 08 Arch Insurance Company Attested and Certified ~~~~ ~, ~g ~j ~ORIORATE ~'O 1971 iL 5~ fi Mistoud Martin J. Nil ,Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Brian C. Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J. Michael Pete personally known to me to tie the same persons whose names are respectively as Secretary and Vice President of the Arch Insurance Company; a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing in§tiument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set 0014AdONWFALIH OF PBNNSYLVAIVI!! . NOR'ARIAL SF,AL Briars C. Ku1m, Notary Public Brian C. Kuhn; Notary Public City of Philadelphia, Philadelphia Couaty My commission expires 12-06-2011 CERTIFICATION M comsnissionez ira~Deamber06,2011 1, Martin J. Nilsen, Secretary of the Arch Insurance Company; do hereby certify that the attached Power of Attomey~dated May 1, 2008 on behalf of the person(s) as listed above is a true and correct copy and that the same has beeh~~ full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further . certify that the said J. M'~chael Pete, wha executed the Power of Attorney as V'~ce Pnesident; was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, (h a hereu to cribed my name and aff ed the s 1 of the Arch Insurance Company on this day of ~ ~ 220 ` Martin J. Nil ,Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings spec~cally named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors 8 Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 ~~ce ~o oaao9arE ~~ s~ ,9n OOML0013 00 03 03 1bNOd Page 2 of 2 Printed in U.S.A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~~~~ I('~~i~a~./~,~ On C~8 before me, ,/~DI"/~ l~/~1/yJP.~J dpi Date Here Insert Name personally appeared _ 8r2.~`J~' ~~ ~/`2Q-elf) ~~ N0101y hIIOMC >I~ b 10rlO~t who proved to me on the basis of satisfactory evidence to be the person(~'f whose name(9'j is/aye subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/~r/their authorized capacity(tes), and that by his/+~er/thEir signature( on the instrument the person(, or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature >n Place Notary Seal Above Sign ture of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: ~~ ~~~ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:~r~(1f' C• fjlQq~°1~ ^ Individual ~°~_V y,~r Corporate Officer -Title(s): i'YPSl dew ^ Partner - ^ Limited .:~ General ^ Attorney in Fact • ^ Trustee Top of thumb here ^ Guardian or Conservator Other: ner ~~i C Number of Pages: d~ Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact • ^ Trustee Top of thumb here ^ Guardian or Conservator ^ Other: Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6927 CITY QF TEMECULA, PUBLIC WaRKS bEpARTMEAiT CONTRACTOR'S AFFIDAVIT AMD FINAL Rh1..E,AS1= PROJECT NO. PWaB'-09 CITYW-DE CONCRETic REPAIRS - FY 2007 08 -- S,aG-~fion ~,1 n ~ This is to cetfiify that~~~i~ xIYP.P,~' , (hereinafter the CONTRACTOR°) declares to the City of Temecula, under oath, that helshe/'~t has paid in full for all materials, supplies, labor, services, tools, equipment, and all o#her bills contracted for by the CON~`RACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution tb the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW07-46, CIT'1NVID~ CONCRETE REPAIRS - pY 2007-08, situated in the City of Temecula, State of CaNfomia, more particularly described as follrnnrs: '1" rN INSERT ADDRESS OR DES RIBS LQCAl70N OF WDRK The CONTRACTOR declares that it knows of no unpaid debts or claims arising ou# of said Contract which would constitute grounds for any third party to claim a Stop Noce against of any unpaid sums oH-'tng to the CONTRACTOR- Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: 1 escrip#io Dollar Amount to Dispute Pursua,nf to public Contract Code §7140, the CONTRACTOR does hereby fully release and arquii the City cif Ten~PC~,i.~ ?nd ali agents anti employees of the f;ity; 2nd each of them: from any ~rxl ell r.,lairns, C~F;I:r•':'~. (fPIT}c~nC1.S; OF" Cetl.1;3~ cif ~r.:tir_~t~ which exisf nr rnic~hf 2xisf irl fav~~r of i.l-iE: ~C.)Ai7P,A,~:'1'C~P~ by FFasr;~ of p2ymer~t E~y itt~ City r:,` TemecL~ia rsf ~r~y c;r.}i~~treGi atliOll~~~t Wl~ic.ft tl~r ~ ~O[~TRACTC~R has not disputed abovc_ =(aNTRAC7UR ~/~ -•, '~QQ ~~~." I'riril Nay?~r; and 1-itf~ ~ ~~~ '*. RELCASE R-1 rr~Amru[m4romroMFw+ea~ o~pm+mFCCwunti~vr~..xwmn~nio~.~<• ITEM N~}. 11 Approvals City Attorney S~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: July 22, 2008 SUBJECT: Fair Political Practices Commission Letter (at the Request of Mayor Naggar) PREPARED BY: Tamra Middlecamp, Senior Management Analyst RECOMMENDATION: That the City Council approve sending a letter to Chairman Ross Johnson, Fair Political Practices Commission requesting revision to disclosure requirements of independent committees in local elections. BACKGROUND: A Campaign Disclosure Ordinance report was requested by Council Member Comerchero on April 8, 2008 in response to concerns raised by a resident during Public Comment. The proposed Campaign Disclosure Ordinance was discussed by the City Council at two subsequent Council meetings. The second reading of the Ordinance occurred on July Stn As a result of considerable discussion by City Council members and the public, this Ordinance creates a framework for campaign disclosure. However, it does not alleviate all of the concerns associated with this issue. Therefore, it is recommended that a letter be sent to the Chairman of the Fair Political Practices Commission requesting revisions to disclosure requirements of independent committees in local elections. FISCAL IMPACT: None. ATTACHMENTS: Letter addressed to the Honorable Ross Johnson, Chairman, Fair Political Practices Commission Michael S. Naggar Mayor Maryann Edwards Mayor Pro-Tem Jeff Comerchero Council Member July 22, 2008 Honorable Ross Johnson Chairman Fair Political Practices Commission 428 J Street, Suite 800 Sacramento, CA 95814 Chuck Washington Re: Revisions to Disclosure Requirements of Independent Committees Council Member in Local Elections Ronald H. Roberts Council Member Honorable Chairman Johnson and Members of the Fair Political Practices 951-506-5100 Commission: FAX 951-694-6499 The Temecula City Council respectfully requests that the Fair Political Practices Commission: • Implement the recommendations contained in your Report entitled "Independent Expenditures--The Giant Gorilla in Campaign Finance" (listed at page 60) • Seek revisions to Government Code Section 81009.5 and other applicable statutes to enable cities to require independent committees to disclose contributions and expenditures in local elections in which they participate. On June 24, 2008 the Temecula City Council adopted a Campaign Disclosure Ordinance. While carefully drafting its ordinance to comply with the limited scope of Government Code Section 81009.5, the Council expressed great frustration that the regulations of the Commission and the Political Reform Act make it virtually impossible for people to find out who is making substantial contributions to their local elections. A statewide or regional independent committee may make expenditures in a Temecula election that constitute only a very small percentage of its overall expenditures in the State, but could be a very significant expenditures in that Temecula election. The people of Temecula and other cities need the ability to determine who is making significant expenditures in their communities. Currently it is very difficult for interested people to access the registration and disclosure statements filed by independent committees who choose to participate in Temecula elections. Such a committee can be organized in any county and Honorable Ross Johnson, Chairman Page 2 must file registration documents with the county in which they are organized. Unless a person knows where the committee was organized, it is difficult, if not impossible, to find out information about its organization and activities unless one searches the records of all 58 counties. Similarly, it is also difficult for an interested person to access campaign disclosure information filed by such committees with the Secretary of State concerning contributions and expenditures that might be made in a Temecula election. The disclosure documents are filed with the Secretary of State in Sacramento and are organized by the name of the committee and not by the election or city in which the contribution or expenditure was made. Thus, to find out if a committee made a campaign contribution, or campaign expenditure or provided some service on behalf of a candidate or ballot measure in the City of Temecula, a person would either need to know the name of the committee that might have contributed or review thousands of pages of documents looking for contributions to a particular election. Therefore, Government Code Section 81449.5 needs to be amended to allow cities to enact campaign disclosure ordinances that cover all committees that "participate" in local elections and not limit such ordinances to general purpose committees that are active "only" in that city or that exist "primarily" to support or oppose local candidates or ballot measures. Thank you for your consideration of this request. We look forward to Commission action on these issues. Very truly yours, IVlichael S. Naggar Mayor Attachment: City Council Campaign Disclosure Ordinance-June 24, 2448 CC: Temecula City Council Congressman Darrell Issa Assembly Member Kevin Jeffries Senator Dennis Hollingsworth Bob Wilson, Wilson Group, LLC David Turch, Turch & Associates ITEM N~}. 12 APPROVAL `'/~fi(~ CITY ATTORNEY DIR.OF FINANCE CITY MANAGER ,~ _ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Grant Yates, Deputy City Manager DATE: July 22, 2008 SUBJECT: Approve Temporary Staffing Support Services PREPARED BY: Beth Gutierrez, Human Resources Analyst RECOMMENDATION: That the City Council approve on an annual basis, temporary staffing support services with AppleOne for $165,000; Manpower for $110,000; Kimco for $55,000; and TriStaff for $55, 000. BACKGROUND: The City of Temecula has utilized temporary staffing agencies to provide supplemental temporary employment services on an as needed basis. Each Departments' operating budgets have included funding for temporary employee needs through the current fiscal year. In addition, during the recruitment phase of filling a position and when essential staff is out on extended periods, temporary staff has been utilized to fill the void and manage the workflow until the authorized position is filled or the absent staff member returns to work. These recommended expenditure amounts ensure that all City departments can utilize these staffing agencies to meet their operational needs. Therefore, we are confident that the business relationship we have successfully developed with these agencies will continue to provide a top quality service for our City. FISCAL IMPACT: Adequate funds are budgeted within each department to fund temporary staffing services. ATTACHMENTS: None. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\890344.doc ITEM N~}. 13 Approvals City Attorney S~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Mark Harold, Director of Building and Safety DATE: July 22, 2008 SUBJECT: Second Amendment to Agreement for Weed Abatement with Inland Empire Property Services, Inc. RECOMMENDATION: That the City Council approves a second amendment to the agreementwith Inland Empire Property Services Inc., to provide weed abatement for Fiscal Year 2007/2008 in the amount of $10,000.00 for a total agreement amount of $50,000.00. BACKGROUND: On July 1, 2007 the City of Temecula and Inland Empire Property Services Inc., entered into an agreement in the amount of $20,000.00. On May 27, 2008 the agreement was amended to increase the payment $20,000 for a total amount of $40,000. The parties now desire to increase the payment for services in the amount of $10,000 for a total contract amount of $50, 000.00. The City of Temecula is responsible for the weed abatement of properties with hazardous growth not maintained during the spring and summer seasons. The city contracts with a local contractor to bring specifically identified parcels into compliance with the Temecula Municipal Code. The parcel owners are then billed to recover the contractor costs plus an administrative fee. If the owners do not remit payment for the billing notice, the city will then place a lien as required to facilitate cost recovery for the property. FISCAL IMPACT: Funds are budgeted and in the FY 07/08 forAccount Number 001-161-611- 5440 "Weed Abatement". ATTACHMENTS: Second Amendment for FY 2007/2008 SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TEMECULA AND INLAND EMPIRE PROPERTY SERVICES, INC. WEED ABATEMENT SERVICES THIS SECOND AMENDMENT is made and entered into as of July 22, 2008, by and between the City of Temecula ("City") a municipal corporation, and Inland Empire Property Services, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2007 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Consultant Services, in the amount of Twenty Thousand Dollars and No Cents {$20,000.00). b. On May 27, 2007 the Agreement was amended to increase the payment, in the amount of Twenty Thousand Dollars and No Cents ($20,000.00). c. The parties now desire to increase the payment for services in the amount of Ten Thousand Dollars and No Cents {$10,000.00} and extend the term to July 30, 2008 to amend the Agreement as set forth in this Amendment. Section 1. Term This Agreement shall remain and continue in effect until tasks described herein are completed, but in no event later than July 30, 2008, unless sooner terminated pursuant to the provisions of the Agreement. Section 5.a. PAYMENT. Section 5a. is amended to read as follows: a. The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. The First Amendment amount shall not exceed Twenty Thousand Dollars and No Cents {$20,000.00). The Second Amendment amount shall not exceed Ten Thousand Dollars and No Cent ($10,000.00) for additional weed abatement services for a total Contract amount of Fifty Thousand Dollars and No Cents ($ 50,000.00). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. BY: BY: BY: CITY OF TEMECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney Inland Empire Property Services, Inc. 15860 Oro Glen, Moreno Valley, CA 92551 Attn: Serena A Maciel 951-924-6905 Phone CONSULTANT (Two Signatures are Required for Corporations) BY: (Signature) (Printed Named) TITLE: BY: (Sig nature) NAME: (Printed Named) TIT 2 ITEM N~}. 14 ORDINANCE NO. 08-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE TEMECULA REGIONAL CENTER SPECIFIC PLAN (SP NO. 263} TO AMEND THE SIGN CRITERIA AND TO ALL01N DAY SPAS AS A PERMITTED USE IN PLANNING AREAS 1 AND 2 LOCATED AT THE SOUTHEAST CORNER OF N1INCHESTER ROAD AND YNEZ ROAD {PLANNING APPLICATION NUMBER PA08-0081) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. That the City Council of the City of Temecula does hereby find, determine and declare that: A. On October 11, 1994 the City Council approved the Temecula Regional Center Specific Plan No. 263 and Environmental Impact Report No. 340. B. On July 27, 1999 the City Council approved Amendment No. 1 to the Temecula Regional Center Specific Plan No. 263 to allow a 21-foot high entertainment marquee. C. On February 21, 2007 the Planning Commission approved Planning Application No. PA06-0293, Promenade Mall Expansion. D. On March 28, 2008, Kenneth Lee, representing Forest City Development, filed Planning Application No. PA08-0081, Specific Plan Amendment No. 2 to amend the sign criteria for the Mall Expansion and to amend the permitted use table to allow "personal service establishments" in Planning Areas 1 and 2, in a manner in accord with the City of Temecula General Plan and Development Code. E. The application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. On June 4, 2008 the Planning Commission considered the application at a duly noticed public hearing as prescribed by law, at which time the City staff and other interested persons had an opportunity to, and did testify in either support or opposition to this matter. F. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder. R:/Ords 2008/Ords 08-03 G. The City Council considered the Application on June 24, 2008, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. H. At the conclusion of the Council hearing and after due consideration of the testimony, the Council approved the Application and Negative Declaration after finding that the project proposed in the Application conformed to the City of Temecula General Plan. Section 2. Further Findings. The City Council, in approving the Application, hereby makes the following Findings as required in Chapter 17.16.020.E of the Temecula Municipal Code. A. The proposed Specific Plan Amendment is consistent with the General Plan and Development Code; The proposed Specific Plan Amendment does not change the land use of the Speci~rc Plan, which maintains consistency with the General Plan. The proposed Sign Program is consistent with the Development Code and staff has made the appropriate findings to support the Sign Program, !n addition, allowing `day spas' as a permitted use is consistent with the Development Code allowing `personal service shops' as a permitted us in all commercial zones. B. The proposed Specific Plan Amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City; The proposed Speci~rc Plan Amendment to modify the Sign Criteria and allow "day spas" as a permitted use will not be detrimental to the public interest, health, safety, convenience or welfare of the City as supported in the conclusion of the Initial Study for this project. C. The subject property is physically suitable for the requested land use designations and the anticipated land use developments; The subject property is currently developed as a major shopping center and surrounded by other urban uses. The proposed amendment does not change the land use designations of the Specific Plan. The proposed Sign Program wr"Il allow taller and varied signage from previously identified in the Specific Plan and allow `day spas' as a permitted, rather than conditional use. The subject property is physically suitable for this type of development. D. The proposed Specific Plan shall ensure development of a desirable character which will be compatible with the existing and proposed development in the surrounding neighborhood; R:/Ords 2008/Ords 08-03 2 The proposed Specific Plan Amendment will accommodate modified signage to Improve the aesthetics and compatibility with the existing and surrounding development. Allowing `day spas' as a permitted, rather than conditional use will not have a negative impact on the surrounding neighborhood as documented in the Initial Study for the project. Section 2. Environmental Compliance. Pursuant to California Environmental Quality Act {"CEQA"} City staff prepared an Initial Study of the potential environmental effects of the approval of the Specific Plan Amendment, as described in the Initial Study. Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. The City Council has reviewed the Negative Declaration, and based on the whole record before it finds that {1 } the Negative Declaration was prepared in compliance with CEQA; and {2} there is no substantial evidence that the Project will have a significant effect on the environment. Based on the findings set forth in this Ordinance, the City Council hereby adopts the Negative Declaration prepared for this project. Section 3. Specific Plan Amendment. The City Council of the City of Temecula hereby approves Planning Application No. PA08-0081, Amendment No. 2 to the Temecula Regional Center Specific Plan No. 263 as shown on Exhibit A. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of July, 2008. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:/Ords 2008/Ords 08-03 3 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the faregaing Ordinance No. 08-03 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 8th day of July, 2008, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of July, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk R:/Ords 2008/Ords 08-03 4 TABLE IIA SCHEDULE OF PERMITTED-USER Planning Areas 1, 2 .and 3 Planning Area DESCR.IPTiON OF USE ------ -_---- ----- 1 2 3 heather Goods Stores P . P X Liquid Petroleum. Service Stations, not including the concur- rent sale of beer and wine, provided the total capacity of all P P X . tanks shall not exceed 10;000 gallons Liquid Petroleum Service Stations; including the concurrent sale of beer and wine for off-premise consumption, provided C C X the total capacity of all tanks shall not exceed 10,000 gal- Ions Liquor Stores P P X., , Locksmith Shops P P X 1VIai1 Order Businesses P P P Manufacturer's Agents P P P Manufacturing of products similaz to, but not limited to, the following: Custom-made product, processing, assembling, packaging, and fabrication of goods within enclosed building, such as jewelry, furniture, art objects, clothing, labor intensive X X P manufacturing, assembly, and repair processes which do not involve frequent truck traffic. Mazkets, including but not limited to Food, Wholesale, Produce, Fruit, Vegetable, Fish, and Poultry and Meat P P X Markets, but not including Slaughtering .Massage Parlors, Turkish Baths and Similar Personal p p X Service Establishments Mini-Storage or Mini-Wazehouse C C C (3) The maximum height for parking lighting fixtures shall not exceed forty Feet (40'). Or¢-Site Signs: (1) Retail Commercial Entrv Monumentation (a) Major entry monumentation signage is intended to identify the project entry and shall not exceed on any one side an area of 54 square feet (name and logo only) with a support area not to exceed 155 square feet, nor shall the sign exceed 23 feet in height. Letter type styles and colors shall be reviewed and approved by the City during the Development Plan Review process. Major entry monumentation signage shall be limited to the project name only and located at major entry points. (b) Planning Area 2 Only: Regional center monumentation signage shall be limited to one major perimeter site edge or corner provided, however, that no more than one (1) regional center monumentation sign with a maximum height of twelve feet (12'-0") may be erected pursuant to approval by the Planning Commission. (c) Maximum tenant sign area for Minor Entry Monumentation (with tenant listings) shall be equal for each tenant and shall not exceed twelve (12) square feet with a total tenant signage area not to exceed one hundred (]00) square feet, nor shall The sigr exceed twenty three (23) feet iu height. Tenant listings shall be at the discretion of the property developer with approval by the City. Secondary tenants shall be defined as businesses with less than 20,000 square feet of gross leasable area. Colors and letter type styles shall be reviewed and approved by the City during the Development Plan Review . process. Freestanding monument signs shall have a minimum separation of two hundred feet (200'). (2) Re[ail Commercial Buildine Identification Sienese (a) The surface area of building identification signage for anchor tenants " shall not exceed ten percent (] 0%) of the surface area of the front and side walls of the building. Maximum letter height shall not exceed five feet (5') unless approved by the City during the Development Plan. Review process. (b) The surface area of building identification signage for anchor tenants shall not exceed five percent (5%) of the surface area of the rear face of the building. Maximum letter height shall not exceed five feet (5') lII-61 (b) Fully illuminated sign cans for office and institutional use signage shalt not be permitted, although signage may be illuminated by halo lit individual letters, concealed ground level flood lights, or back cut letter signs in a metal can. Hotel uses may utilize fully illuminated sign cans. (c) Signage far building addresses shall be provided on every main building, preferably as close to the main entrance as possible. Numerals shall be no larger than twelve inches ' (12") and no smaller than eight inches (8") in height. In no event shall the numerals appear to be the dominant graphic device on the fapade of any building. (4) Leasin , Temporarv and Directional SignacP (a) Leasing, temporary, and future facilities signage shall be permitted provided the maximum area does not exceed thirty-two (32) square feet, nor shall the height of the sign exceed eight feet (8') above finished grade. (b) Multiple tenant directory signs. and parking directional signage shalt be permitted; provided, however,. that the maximum sign area does not exceed forty (40) square feet or six feet (6') in height. {c) Temporary signs are those signs which advertise or promote a special event, such as an opening, or offering of a new product or service and are easily removed. Temporary winddw signs are allowed provided they meet the following criteria: • Sign graphics of any nature painted directly on a window shall not be considered a temporary window sign. • A window sign advertising or promoting any product or service offered an a regular basis or at a regular price shall not be considered a temporary window sign. • Temporary window .signs shall not be illuminated, shall be limited to twelve percent (12%) of the tenant's storefront glass area, and shall be displayed no more than fourteen (14) days. • Flashing or moving signage is prohibited (d) Site Directional ,signage shall be permitted; provided, .however, that the maximum sign area does not exceed seventy eight (78) square feet with an overall height not exceeding five (5} feet above finish grade. Secondary Site Directional signage shall be permitted; provided, however, that the maximum sign area does not exceed thirty three (33) square feet with an overall height not exceeding five (5) feet above finish grade... III-63 Freestanding Directional signage shall be permitted; provided, however, that the maximunm sign area does not exceed six (6) square feet per face (with no more than four faces) with an overall lmeight of the support not exceeding eleven (L I) feet above finish grade. Wall Mounted Directional signage shall be permitted; provided, however, that the maximum sign area does not exceed six (6) square feet par face (with no more than two faces) with an overall height of the mounting location not exceeding eleven (I ] ) feet above finish grade. III-G3 a E. SIGNAGE GUIDELINES This section does not apply to the mall and mall entry monument signs, refer to mall sign program. Signage is an important element contributing to the identity of Temecula Regional Center. The following guidelines are intended to produce a consistent Signage design that reinforces the collective image of Temecula Regional Center as a superior retail and business location, while maintaining opportunities for individual identity of each parcel. All signs shall be designed and constructed in conformance with these guidelines. Signage design as well as location, size and number of signs shall be subject to review and approval by City of Temecula for conformance to these guidelines. This will be done in conjunction with development plan submittals for individual projects. 1. Commercial Core Sienaee The commercial core will become. a significant landmark for Temecula and Riverside County; the Signage shall, therefore, reinforce this landmark image. Many different levels of Signage are required for a commercial core, each part of a cohesive graphics program. The following types of Signage are allowed: a. Major Site Identity Sign This type of sign may be part of a freestanding architectural element. lts chief objective is to identify the center as a whole from as far away as possible. Distinctive graphics, materials, colors and lighting devices shall be used to incorporate this sign into the overall design theme of the Center. This sign shall particularly be read frmn Ynez, Margarita, Overland and Winchester Roads. Only anchor tenants and project name shall be identified on this Signage element. b. Primary Entrance Sign Identifies primary project driveway entrances, includes project name and logo symbol 2. Retail Commercial Siena>?e a. Primary Teriant Monolith (refer to Figure 27K) ]dentifies anchor tenants. Signs of this type shall be limited to major and minor entry points. Internally illuminated sign structure with pierced typography. Tenant identity must fit within graphic area as specified on Figure 27K. Sign area per tenant is forty two (42) square feet. Anchor tenant letter type and colors may be allowed, subject to approval by the City, Total Signage area not to exceed sixty eight (68) square feet. IV-55 __ Building signs are limited to one sign per street frontage. Either a building mounted sign or a .ground level monument sign niay be used on the same street, but not both. d. Crround Floor Commercial Tenants and Restaurants This wall sign type is reserved for commercial tenants and restaurants requiring special ground floor recognition. Special signing treatments on entrance awnings or canopies are allowed. 4. Theaters and Special Event Facilities Identification and program information for theaters and special event facilities may be provided by theater monuments and/or marquee signs. These signs, if provided, shall consist of a permanent portion displaying the name of the theater, auditorium; hotel or special event facilities and, if desired, may also include changeable section accommodations program information. These signs may be either attached directly to the building or erected as freestanding signs. These signs shall .not extend above the height of the predominant roofline of the building if attached directly to the building. Freestanding signs cannot exceed a maximum of twenty three (23) in height. These signs may be illuminated internally; however, the permanent portion must have an opaque baclcgrottnd, with only the message portion illuminated, and set up for changeable letters. 5'. Building Address Building address numbers shall be displayed on every building at or as close as possible to the tnain entrance. The numerals shall face the street, access the road or the approach walkway, as necessary. The address numbers may be non-illuminated and of a material and form consistent with other building identification signing sued on the same structure or with materials listed in previous sections. Number height shall be no larger than 12" and no smaller than 8". The numbers may not appear to be the dominant graphic device of the facade of any building. 6. Vehicular and Pedestrian Sims Vehicular and pedestrian signs provide information, directions and regulations for exterior parking and circulation on site. To keep their number to a minimum, vehicular and pedestrian .signs shall be placed only where information is required. The use of symbols to reinforce information (such as no parking, loading zone and handicapped parking) is encouraged. Wording shall be kept to a minimutn. The signs may be constructed of aluminum, fiberglass, stone or concrete. Stucco is an unacceptable material. Colors for the sign shall harmonize with project architectural colors and include white. Color, style and letter height of all copy on the same sign shall be coordinated and consistent with building design. A!1 copy will be silk-screen painted or vinyl die cut..Height IV-66 TEMECULA COMMUNITY SERVICES DISTRICT ITEM N~}. 15 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT JULY 8, 2008 A regular meeting of the City of Temecula Community Services District was called to order at 7:51 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero ABSENT: 0 DIRECTORS: None Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments at this time. CSD CONSENT CALENDAR 13 Minutes RECOMMENDATION: 13.1 Approve the minutes of June 24, 2008. MOTION: Director Washington moved to approve the Consent Calendar. Director Edwards seconded the motion and voice vote reflected approval with the exception of Director Naggar who abstained. R:\Minutes\070808 CSD PUBLIC HEARING 14 Tract Map No. 23103-2 - Vinyards View Estates far Service Level B, Proposed Residential Street Lighting; Service Level C, Perimeter Landscaping and 51ope Maintenance; and Service Level D, Refuse and Recycling Collection Services Rates and Charges RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. CSD 08-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ORDERING, CALLING, AND GIVING NOTICE OF AN ELECTION TO BE HELD ON AUGUST 26, 2008, REGARDING SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES FOR TRACT MAP NO. 23103-2 IN ORDER TO ESTABLISH SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES BEGINNING FISCAL YEAR 2009-2010 14.2 Approve the Election Notice, Ballot, and Procedures for the Completion, Return, and Tabulation of the Ballots; 14.3 Authorize staff to mail the ballots to the affected property owners pursuant to the aforementioned process. Director of Community Services Parker provided a brief staff report {of record). At this time, the public hearing was opened and due to no speakers, it was closed MOTION: Director Naggar moved to approve staff recommendation. Director Edwards seconded the motion and electronic vote reflected unanimous approval. CSD DIRECTOR OF COMMUNITY SERVICES REPORT Director of Community Services Parker extended a thank you to the Police Department, Fire Department, the City Council, and TCSD staff for their efforts with respect to the 4t" of July events; and invited the public to attend the upcoming Summer Concert Series and Movies in the Park. Director Comerchero commended Director of Community Services Parker for his excellent leadership with the Community Services Department. CSD GENERAL MANAGERS REPORT City Manager Nelson also commended Director of Community Services Parker and the TCSD staff. CSD BOARD OF DIRECTORS REPORTS No reports at this time. R:\Minutes\070808 CSD ADJOURNMENT At 7:56 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, July 22, 2008, at 5:00 p.m. for a Closed Session with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero. President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] R:\Minutes\070808 ITEM N~}. 1G Approvals City Attorney Director of Finance 5~~ City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: July 22, 2008 SUBJECT: Acceptance of Certificate of Deposit as Bond for Trail PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the Board of Directors accept the Certificate of Deposit and agreement from Jai Mata Di, LLC to construct aMulti-Use Trail along De Portola Road. BACKGROUND: Temecula Professional Building is a one story office building located on the east side of Margarita Road and approximately 300 feet north of De Portola Road. Pursuant to the conditions of approval for this development, the developer is to provide aClass IMulti-Use Trail along De Portola Road. The trail plans have been reviewed and approved by Temecula Community Services District (TCSD). The acceptance of the certificate of deposit and agreement ensure that the trail will be installed to TCSD's standards and is approved during the inspection process. Once the multi-use trail is constructed and approved by TCSD staff will recommend the appropriate release or reduction of the submitted certificate of deposit. The following is information regarding the certificate of deposit provided by Pacific Western Bank: 1. Certificate of Deposit Number 128772 for $10,000.00 FISCAL IMPACT: None. The cost of construction for the multi-use trail will be borne by the developer. ATTACHMENTS: Vicinity Map Agreement/Certificate of Deposit City of Temecula GIS Application: Map/Report Window City of Temecula Geoerap_hc_Information_Systems 43200 Business Park Drive Temecula, CA 92590 (951)308-6300 www.cityoftemecula.org Vicinity Map Temecula Professional Building Page 1 of 1 http://chtemp.cityoftemecula.org/GIS_Intranet new/Print Process.asp 06/24/2008 ~e~te~ PACIFIC 1'1`LSTERN DANK CERTIFICATE OF DEPOSIT CONFIRMATION The account evidenced by this receipt is subject to and further explained in the terms and conditions contained in the Truth-In-Savings Disclosure provided to you. The account is not negotiable and not transferable. Customer Information Account Name: JAI MATH DI LLC FBO CITY OF TEMECULA Address: 40229 DONOMORE CT City, State, and Zip Code: TEMECULA, CA 92591 Certificate Number: 128772 Held for Collateral if Box is Checked: ^ Loan Number: Term Opening/Rollover Amount: $ 10,0000 Opening/Rollover Date: 2/20108 Interest Rate: 2.70 % Term: 180DAYS Automatic ~ Single Renewal Maturity Annual Percentage Yield: 2.71 % Maturity Date: 8/1812008 Interest Disposition Interest maybe paid monthly, quarterly, annually or at maturity. If interest is not paid at maturity it will be paid to another account or by check(s). Interest paid at maturity wilt be compounded to the certificate of deposit. Interest will be paid quarterly on certificates of deposit with terms greater than 365 days; the interest will be compounded to the certificate of deposit unless noted otherwise below. Interest Paid ^ Monthly ^ Quarterly ^ Annually ® At Maturity If ir~ferest is paid monthly, quarterly, or annually, interest will be paid as indicated below: Transfer to Checking ^ Checking Account Number: Transfer to Savings ^ Savings Account Number: Interest Check ^ Pre ared B RACHEL M ~~ ~~~ ' p y _ __ ARANO Approved By: ~~,`,~ _ ~~~~~ Disclosure of Fees and Account Terms MINIMUM BALANCE REQUIREMENTS: A minimum deposit of $2,500.00 is required to open a certificate of deposit. In accounts with an opening deposit between $2,500.00 and $99,999.99, a minimum daily balance of $2,500.00 is required to obtain the annual percentage yield listed above. In accounts with an opening deposit of $100,000.00 or higher, a minimum daily balance of 5100,000.00 ~s required to obtain the annual percentage yield listed above. BALANCE COMPUTATION METHOD: A daily balance method is used by the Bank to calculate the interest on certificate of deposits This method applies a daily periodic rate to the principal in the account each day. TRANSACTION LIMITATIONS: After the account is opened, no deposits or withdrawals are allowed until the maturity date. EARLY WITHDRAWAL PENALTIES: If any withdrawal of principal is made before the maturity date, a penalty equal to 30 days interest will be charged to the account. If the withdrawal is made within the first six (6) days after the opening of the certificate. a penalty equal to seven (7) days interest will be charged to the account. The penalty will not be imposed if the withdrawal is made because the depositor dies or is judicially declared mentally incompetent RENEWAL POLICY: This account, if automatically renewable, will be renewed at maturity. Accounts with terrns of 30 days or longer will have a grace period of seven (7) calendar days, which includes the maturity date. During Phis grace period funds may be withdrawn without the account being charged a penalty. (There is no grace period for accounts with terms less than 30 days.) If this account has a single maturity date, it will not renew automatically at maturity; and if it is not renewed, the balance of the certificate will be placed in anon-interest bearing account. F®~..~ THANK YOU FOR BANKING AT PACIFIC WESTERN BANK. ~E;;~NOeq 12EVISL:b ~- 03/31/05 - NML City Of Temecula Community Services Department 1989 43200 Business Park Drive • Mailing Address: P.O. Box 9033 • Temecula, CA 92589-9033 (951) 694-6480 • Fax (951) 694.6488 • www.cityoftemecula.orq Date of Agreement: F~~ >~~ Zoo Z'( Name of Subdivider: ~~ MaT.A ~~ ~~ ~ Address of Subdivider (street): y~z, za ~„ia,~,er ~?- Address ofSubdivider (city, state, zip): ~ ~~~«~„~ C,,E q ~ 5'9/ Contact: ~,~cy~d,v i3,3,.,~0~° Title: C'o~y~~~ ~- Phone Number: (q~) 7Go - 6r7 j Fax Number: ~~) 6 ~6 --~3f~/ Name of Subdivision: i~~g~v~ Tract No.: 3 ~ 7/~ ,Zr •- 2?/a Parkland/Landscape Improvement Plans No.: (Referred to as "Landscape Improvements") Estimated Total Cost of Improvements: ,o c,oo Estimated Completion Date: (Referred to as "Completion Date"1 ~ ~ ~ ~ / ~^ 2~ S Name of Surety: Address of Surety (street): Address of Surety (city, state, zip): Contact: Title: Phone Number: ( ) Fax Number: ( ) Labor and Materials Bond $ Bond for Warranty $ 1 R:IFORMSIDevelopment Services FormslBondslParkland Landscape Agreement.doc This Agreement is made and entered into by and between the City of Temecula, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. RECITALS A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. SUBDIVIDER is required, as a condition of the approval of the tentative map that the Parkland Improvement plans must be completed, in compliance with City standards, by the Completion Date. The Subdivision Laws establish as a condition precedent to the approval of a final map, that the SUBDIVIDER has entered into a secured Agreement with the CITY to complete the Parkland/Landscape Improvement Plans within the Completion Date. D. In consideration of approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby promises to install and complete, at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement work required by City in connection with proposed subdivision. Subdivider has secured this agreement by 2 R:\FORMS\Development Services Forms\BOnds\Parkland Landscape Agreement.doc Parkland/Landscaping Improvement Security required by the Subdivision Laws and approved by the City Attorney. The term "Parkland" includes landscape areas intended to be maintained by the Temecula Community Services District. E. Complete Parkland/Landscape Improvement Plans for the construction, installation and completion of the Parkland Improvements have been prepared by SUBDIVIDER and approved by the Director of Community Services. The Parkland Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the Director of Community Services and are incorporated into this Agreement by this reference. All references in this Agreement to the Parkland Improvement Plans shall include reference to any specifications for the Improvements as approved by the Director of Community Services. F. An estimate of the cost for construction of the Parkland Improvements according to the Improvement Plans has been made and approved by the Director of Community Services. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. The CITY has adopted standards for the construction and installation of Parkland/Landscape Improvements within the CITY. The Parkland/Landscape Improvement Plans have been prepared in conformance with the CITY standards, (in effect on the date of approval of the Resolution of Approval). H. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDIVISION. 3 R:\FORMS\Development Services Forms\BOnds\Parkland Landscape Agreement.doc As a result, CITY will be damaged to the extent of the cost of installation of the Parkland/Landscape Improvements by SUBDIVIDER'S failure to perform its obligation under this Agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of Parkland/Landscape Improvements by the Completion Date. CITY shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOT, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: 1. SUBDIVIDER'S Obligations to Construct Parkland/Landscaping Improvements SUBDIVIDER Shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Pursuant to the requirements of Labor Code Section 1720, SUBDIVIDER shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for the Parkland/Landscape Improvement Work required by this Agreement. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file 4 R:\FORMS\Development Services Forms\Bonds\Parkland Landscape Agreement.doc with the City Clerk. Copies may be obtained at cost at the City Clerk's office of the City of Temecula. Subdivider shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Subdivider shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and other applicable laws and regulations with respect to the payment of prevailing wages. Pursuant to the provisions of 1775 of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less, than the stipulated prevailing rates for any work done under this Agreement, by it or by any subcontractor under it, in violation of the provisions of the Agreement or in violation of any applicable laws or regulations pertaining to the payment of prevailing wages. c. Complete by the time established in Section 20 of this Agreement and at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement work required on the Tentative Map and Resolution of Approval in conformance with the Parkland Improvement Plans and the CITY standards: d. Furnish the necessary materials for completion of the Parkland Improvements in conformity with the Parkland Improvement Plans and CITY standards. e. Except for easements or other interested in real property to be dedicated to the Homeowners Association of the SUBDIVISION, acquire and dedicate, or pay the cost of acquisition by CITY, of all rights-of-way, easements and other interests in real property for construction or installation of the Parkland/Landscape Improvements, free and clear of all liens and encumbrances for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site 5 R:\FORMS\Development Services Forms\BOntls\Parkland Landscape Agreementdoc rights-of-way, easements and other interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. 2. Acquisition and Dedication of Easements or Rights-of-Wav If any of the Parkland/Landscape Improvements and land development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY or appropriate rights-of-way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements or work, or b. The dedication to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real property, and approved by the Department of Public Works, as determined by the Director of Community Services. c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to said improvements in and amount of 100% of the estimated cost of the Parkland/Landscape Improvements; and 6 R:\FORMS\Development Services Forms\BOnds\Parkland Landscape Agreement.doc b. to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for Parkland/Landscape Improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the Improvements; and c. to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the Parkland Improvements. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this Reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. 4. Alterations to Parkland Improvement Plans a. Any changes, alterations or additions to the Parkland/Landscape Improvement Plans and specifications or to the improvements, not exceeding 10% of the original estimated cost if the improvement, which are mutually agreed upon by the CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Paragraph 3 of this Agreement for 100% of the total estimated cost of the improvement as changed, 7 R:\FORMS\Development Services Forms\BOntls\Parkland Landscape Agreement.tloc altered, or amended, minus any completed partial releases allowed by Paragraph 6 of this Agreement. b. The SUBDIVIDER shall construct the Parkland Improvements in accordance with the CITY Standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public health, safety or welfare or comply with applicable State or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. 5. Inspection and Maintenance Period a. SUBDIVIDER shall obtain City inspection of the Parkland/Landscape Improvements in accordance with the City standards in effect at the time of adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the Parkland Improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work the SUBDIVIDER may request a final inspection by the Director of Community Services, or the Director of Community Service's authorized representative. City Council authorizes the Director of Community Services or the Director of Community Services authorized representative to accept the landscaped medians, perimeter slopes, and parks into the Community Services Maintenance System which is funded by the Parks and Lighting Special Tax. b. SUBDIVIDER shall continue to maintain the Parkland/Landscape Improvements for ninety (90) days after they have been certified completed. No improvements shall be finally accepted unless the 8 R:\FORMS\Development Services Forms\BOntls\Parkland Landscape Agreement.doc maintenance period has expired, and all aspects of the work have been inspected and determined to have been completed in accordance with the Parkland/Landscape Improvement Plans and CITY standards. SUBDIVIDER shall bear all costs of inspection and certification. 6. Release of Securities. Subject to approval by Community Services, the securities required by this Agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work or Agreement shall be released upon the expiration of the maintenance period and the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The Director of Community Services may release a portion of the security given for faithful performance of improvement work as the Parkland Improvement progresses upon application therefore by the SUBDIVIDER; provided, however, that no such release shall be for an amount less that 25% of the total Parkland Improvement Security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than 50% of the total Parkland/Landscape Improvement Security given for faithful performance until expiration of the maintenance period and final completion and acceptance of the improvement work. In no event shall the Director of Community Services authorize a release of the Parkland/Landscape Improvement Security, which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an 9 R:\FORMS\Development Services Forms\Bonds\Parklantl Landscape Agreement.doc amount equal to the total claimed by all claimants for whom lien have been filed and of which notice has been given to the legislative body, plus an amount reasonable determined by the Director of Community Services to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 10, the warranty period shall not commence until final acceptance of all work and improvements by the City Council. e. The CITY may retain from any security released, and amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees. 7. Injury to Public Improvements Public Property or Public Utilities Facilities SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged or destroyed by reason of any work done under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public property on public utility property damaged or destroyed by reason of any work done. Under this agreement whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination or such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 10 R:\FORMS\Development Services Formsl6onds\Parkland Landscape Agreement.doc 8. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDER a. default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER'S failure to timely commence construction pursuant to this Agreement; SUBDIVIDER'S failure to timely commence construction of the Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure the defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to perform any other obligation under this Agreement. b. The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER'S obligations under this Agreement. The CITY shall have the right, subject to his section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of Parkland/Landscape Improvements and, therefore, CITY damages for SUBDIVIDER'S default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be 11 R:\FORMS\Development Services Forms\BOnds\Parkland Landscape Agreement.doc used by CITY for the completion of the Parkland/Landscape Improvements in accordance with the Parkland/Landscape Improvement Plans and specifications contained herein. In the event of SUBDIVIDER'S default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for an excess cost or damages occasioned CITY thereby; and, in such event, CITY without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plan and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. c. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this Subsection C is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion of CITY. 12 R:\FORMS\Development Services Forms\Bonds\Parkland Landscape Agreement.doc d. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warrantv. SUBDIVIDER shall guarantee or warranty the work done pursuant this Agreement for a period of one year after expiration of the maintenance period and final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. Where Parkland/Landscape Improvements are to be constructed in phases or sections, the one year warranty period shall commence after CITY acceptance of the last completed improvement. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the Parkland/Landscape Improvement Plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary 13 R:\FORMS\Development Services Forms\Bonds\Parkland Landscape Agreement.doc repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. Subdivider Not Agent of Citv. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Iniury to Work. Until such time as the Parkland/Landscape Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreement with other subdividers for the appointment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14. SUBDIVIDER'S Obligation to Warn Public During Construction Until final acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. Vesting of Ownership. Upon acceptance of work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 14 R:\FORMS\Development Services Forms\Bonds\Parklantl Landscape Agreement.doc 16. Final Acceptance of Work Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the Director of Community Services after final completion and inspection of all Parkland/Landscape Improvements. The Board of Directors shall act upon the Director of Community Services recommendations within thirty (30) days from the date the Director of Community Services certifies that the work has finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. 17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions or SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Parkland/Landscape Improvements. This indemnification and Agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Parkland/Landscape Improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance of any of the Parkland/Landscape Improvements shall not constitute any assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. CITY shall not be responsible for the design or construction of the Parkland/Landscape Improvements pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any negligent action or inaction taken by the CITY in approving the plans, unless the 15 R:\FORMS\Deve~opment Services Forms\BOntls\Parkland Landscape Agreement.doc particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the Director of Community Services before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Parkland/Landscape Improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this paragraph for Parkland/Landscape Improvements shall remain in full force and effect for ten years following the acceptance by the CITY. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the Parkland/Landscape Improvements installed or work done pursuant to this Agreement and the CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provision of this paragraph. 18. Sale or Disposition of SUBDIVISION Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION to any other person, the SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 16 R:\FORMS\Development Services Forms\BOnds\Parkland Landscape Agreement.doc 19. Time of the Essence. Time is of the essence of this Agreement. 20. Time for Completion of Work Extensions SUBDIVIDER shall complete construction of the improvements required by this Agreement no later than In the event good cause exists as determined by the City Engineer, and if otherwise permitted under the tentative map condition, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the Director of Community Services. Any such extension may be granted without notice to SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The Director of Community Services shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting or work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of time for completion. As a condition of such extension, the Director of Community Services may require SUBDIVIDER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for an increase in construction costs as determined by the Director of Community Services. 21. No Vesting of Rights. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any change in any zoning or building law or ordinance. 17 R:\FORMS\Development Services Forms\BOnds\Parklantl Landscape Agreement.doc 22. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: City Clerk City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Notice to SUBDIVIDER: Name/Address: ~'"~. ~Y1gn4 p, yo2zo f.~oryd~o,[.~! ~T ~.+etc"~~oiE~ L~ q~~9/ Contact Name: L.~ivlok /,ji3,ya.~ Contact Phone No. 9Si- 7G v - G i~3 23. Severabilitv. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 24. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 25. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. 18 R:\FORMS\Development Services Forms\BOnds\Parkland Landscape Agreement.doc 26. Incorporation of Recitals. The recitals to this agreement are hereby incorporated into the terms of this agreement. 27. Legal Responsibilities. The Subdivider shall keep itself informed of all local, State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The Subdivider shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Subdivider to comply with this section. 28. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representative of the parties. In the case of the CITY, the appropriate party shall be the City Manager. 19 R:IFORMS\Development Services Forms\aonds\Parkland Landscape Agreement.doc IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Mayor. SUBDIVIDER By: ./'.Ei iY1.Er~ ,Di Name: `,4,r~or. /3,sKa~° By: Susan W. Jones, MMC, City Clerk Jeff Comerchero Title: ~,rT,e.~cT~i- ~~QLt'NT Title: President BY~d--- .~Q ~ ~,O Name: G,dis'/.bw /~~s.~~ Title:.fLC)yT (Proper Notarization of SUBDIVIDER'S signature is required and shall be attached) ATTEST: RECOMMENDED FOR APPROVAL: By: William G. Hughes, Director of Public Works/City Engineer TEMECULA COMMUNITY SERVICES DISTRICT BOARD By: Herman D. Parker Director of Community Services APPROVED AS TO FORM: By: Peter Thorson City Attorney 20 R:\FORMS\Development Services Forms\Bonds\Parkland Landscape Agreement.doc EXHIBIT A (Attach the basis for the estimate of the cost of improvements.) 21 R:\FORMS\Development Services Forms\eontls\Parkland Landscape Agreement.doc CORNERSTONE BUILDERS ST. LIC. # 301775 P.O. Box 903 Temecula, CA (951) 676-1381 To: TCSD From: Lamon Bishop, Cornerstone Builders Date: February 15, 2008 Re: Probable Cost of Improvement The following is the probable cost to construct the D.G. trail at the South property line of Parcel 3 of Parcel Map 31711. This is located along the sidewalk on the North side of DePortola Rd. This improvement will be constructed by Cornerstone Builders. The owner of the project is Jai Mata Di LLC. The City of Temecula Building Permit number is B07-2710. The price to include the following: 2. ~. 4. 5. Grading for approx 1800 sq. ft. of trail. Four hours at $ 125/Hr. $525 Provide, install, and compact approx. 25 cu. yds. Of D.G. 1,250 Provide and install 250 lin. Ft. of 3 rail concrete fencing 2,500 Mies. Related costs 725 Contingency for upgrade for City Specification where needed 5,000 Total Cost of Job $10,000 Respectfully Submitted Lamon Bishop CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT --~ State o is County o 4 On ~- ~ 5 ' ~ U before me, Date personally appearec~rj~lc~Y~ ~,~p ~..~ MICH/IEU A. S/-LIREICH Commlubn # 170J671 Notary Publlc - Callfanlc Riv~rtlds County ~~ ac 2010 who proved to me on the basis of satisfactory evidence to be the person) whose name,() islar~ subscribed to the within instrument and acknowledged to me that he/~(e/tl~y executed the same in his/l~r/t~r authorized capacity(i~), and that by his/I~r/~Teir signature~,s~'on the instrument the person(; or the entity upon behalf of which the person(~Jacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature - ' Signature o otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Title or Type of Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: d:~ ilk a_a ® c~ Top v( tiuimb iieie Signer's Nal ^ Individual Number of Pages: ~ ~ ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: • Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item ri5907 Reorder: Call Toll-Free 1-800.876-6827 ITEM N~}. 17 Approvals City Attorney S~~ 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: July 22, 2008 SUBJECT: Graphic Design Agreement with Adkins Consulting PREPARED BY: Martin Betz, Cultural Arts Administrator RECOMMENDATION: That the Board of Directors approve an agreement with Adkins Consulting in the amount of $48,000 to provide graphic design services forthe Cultural Arts Division and the Old Town Temecula Community Theater. BACKGROUND: On February 10, 2005, the City Manager executed an Agreement for graphic design work with Adkins Consulting for the Old Town Temecula Community Theater. Some of the services provided by Adkins Consulting have been: • Design the Theater logo, tickets, color palette and other print materials • Develop Theater grand opening and other promotional materials • Design and implement the Theater website • Design and layout the semi-annual Cultural Arts Brochure • Provided graphic design for two award-winning season brochures for Temecula Presents One of the City's goals at the theater as been to maintain a readily identifiable design so that all theater materials and City-produced performances will be easily recognized by patrons. Adkins Consulting has created an integrated and united design for all theater materials. Based on the City's desire to preserve and expand the use of the design, Adkins Consulting is a sole source for Cultural Arts graphic design services. The proposed FY 2008-09 agreement will provide for several cultural arts and branding projects. Projects in the fiscal year include: a season brochure for Temecula Presents, twenty (24) newspaper/magazine ads for theater performances, thirty (30) posters for theater productions, thirty (30) programs for Temecula Presents, and various promotional items for the Temecula Valley Museum and the Imagination Workshop, Temecula Children's Museum. FISCAL IMPACT: The cost of graphic design services for fiscal year 2008-09 is for an amount not to exceed $48,000. Sufficient funds are available in the TCSD operating budget. ATTACHMENTS: Professional Services Agreement ._~. - :. ~; ;tea:. --=- _~_~"~== _ - = -= - s- °`- ~ss r~ ~ .__ _. ~e~raa~nra~-rrr~r ~ - ,rm~nrr~_ OLD TOWN TEMECULA COMMUNITY THEATER AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND ADKINS CONSULTING THIS AGREEMENT is made and effective as of July 22, 2008, between the Temecula Community Services District, a municipal corporation ("District") and Adkins Consulting ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 22, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than September 1, 2009, unless sooner terminated pursuant to the provisions of this Agreement. 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. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time 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 engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The District agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed $48,000.00 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 General Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by General 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 monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all 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. 5. 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 4. 6. 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 General 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. 7. 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 2 from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated far 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. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, andlor 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 ar death of persons, or damage to property 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. 9. 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. 10. 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. 3 11. 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 District's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the General 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 projector 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. 12. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited 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 Temecula Community Services District Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 To District via Courier Service: To Consultant: 43200 Business Park Drive Temecula, California 92590 Attention: General Manager Adkins Consulting 45981 Classic Way Temecula, CA 92592 13. 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 sale compensation shall be 4 payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the District Board of Directors and the Consultant. 14. 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. 15. 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 City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 16. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the District that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the District in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 17. 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. 18. 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. 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero. President ATTEST: Susan W. Jones, MMC, City Clerk/Board Secretary APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT: Robbie Adkins, Principal Adkins Consulting 45981 Classic Way Temecula, CA 92592 951.695.2662 -Voice and Fax Robbie Adkins, Principal 6 EXHIBIT A TASKS TO BE PERFORMED Scope of Work Consultant shall design and produce camera-ready art and coordinate with printers for the production and delivery of final products for graphic applications relating to the ongoing public relations, collateral material and advertising requirements of the Old Town Temecula Community Theater as authorized by the Theater Manager. Additionally, Consultant shall design and produce camera-ready art and coordinate with printers for the production and delivery of final products for graphic applications relating to the ongoing public relations, collateral material and advertising requirements of Cultural Arts Programs as authorized by the Cultural Arts Administrator. 7 EXHIBIT B PAYMENT RATES AND SCHEDULE Consultant shall present District with timely invoices based on time and materials including all applicable sales tax. Hourly Rate: $ 75.00 per hour Materials: Cost plus 15°!0 ITEM N~}. 18 Approvals City Attorney S~~ 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: July 22, 2008 SUBJECT: Food and Beverage Sales Agreement with Full Value Entertainment PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Board of Directors approve an agreement with Full Value Entertainment to provide concession services at the Temecula Public Library. BACKGROUND: On May 29, 2008, the Temecula Community Services District released a Request for Qualifications (RFQ) for concession services from a coffee cart at the Temecula Public Library. Interested responders were provided an opportunity to participate in a non- mandatorysite tour of the library and the permitted commissary at the Mary Phillips Senior Center. Four potential concessionaires attended the site tour. Staff was available to answer questions about the coffee cart and the provision of food and beverage services at the library. On June 24, 2008, staff received one Statement of Qualifications from Full Value Entertainment response to the RFQ. Staff subsequently met with Bill Gould, owner of Full Value Entertainment to discuss his submittal and plans for operation of the coffee cart at the library. The concessionaire has previous experience in food and beverage service and is in possession of a valid Food Handler permit from Riverside County Environmental Health. The concessionaire proposes to sell pre-packaged snacks and beverages from the coffee cart. Minimum hours of operation would be Monday through Friday 10:00 a.m. -5:00 p.m. and Saturday 1:00 p.m.-5:00 p.m. with additional hours authorized as the concessionaire deems appropriate. The agreement is for a term of five years with two one (1) year extensions. The concessionaire will provide 5% of gross receipts to the City in the first year of operations, increasing by 1 % of gross receipts each year thereafter to a total of 10% in the fifth year of operations. FISCAL IMPACT: Annual revenues to the City from the operations of the coffee cart at the library are estimated to be $2,400. ATTACHMENTS: Professional Services Agreement FOOD AND BEVERAGE SALES AGREEMENT BETWEEN TENIECULA COMMUNITY SERVICES DISTRICT AND FULL VALUE ENTERTAINMENT FOR THE TEMECULA PUBLIC LIBRARY THIS AGREEMENT is made and effective as of July 22, 2008, between the Temecula Community Services District ("District") and Full Value Entertainment, a sole proprietorship ("Concessionaire"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. RECITALS. This Agreement is made with respect to the following facts and for the following purposes, which each of the parties acknowledge to be true and correct: a. The District has constructed and operates the Temecula Public Library ("Library") located at 30600 Pauba Road, Temecula, CA. b. District desires to have a Concessionaire, and Concessionaire desires to provide for the sale of high quality food and beverages at the Library from the Food Concession Cart. 2. DEFINITIONS. As used in this Agreement the following words and phrases shall be defined as follows: a. "Concessionaire Supplied Equipment" shall mean such equipment as is necessary for the providing of food and beverage sales as required by this Agreement, except for the District Supplied Equipment. b. "Director" shall mean the Director of Community Services of the City of Temecula or his or her designee. c. "Director of Finance" shall mean the Director of Finance of the City of Temecula or his or her designee. d. "Food Concession Cart" shall mean the "Van San 8" food concession cart that is equipped with abuilt-in refrigerator unit, an ice dispenser and a MSU unit for the removal of waste water. e. "Gross Revenue" shall mean all the money or other things of value received by or owed to Concessionaire for the food and beverages sold pursuant to this Agreement prior to payment of expenses. f. "Indemnified Parties" shall mean the City of Temecula, the District, and their respective officers, officials, agents, employees and volunteers. g. "Library" shall mean the Temecula Public Library located at. 30600 Pauba Road, Temecula, CA. C:IProgram Files (x86)1Neevia.ComiDocument Converter~femp\889884.DOC 3. EXCLUSIVE AGREEMENT FOR FOOD AND BEVERAGE SALES AT FOOD CONCESSION C"ART. Concessionaire shall have an exclusive agreement to provide for the sale of high quality food and beverages from the Food Concession Cart to patrons of the Library and members of the public in accordance with the terms of this Agreement. The District reserves the right to contract with other food vendors in areas of the Library for special events. 4. 1VIAINTENANCE OF EOUIP117ENT AND PHYSICAL PLANT OF FOOD CONCESSION CART. a. The District shall provide the Food Concession Cart for the operation of the food and beverage sales operation. District shall maintain the Food Concession Cart in good working order and replace such items of the Food Concession Cart when the equipment cannot be repaired; provided, however, Concessionaire shall be responsible for the repair or replacement of the Food Concession Cart, or parts thereof, damaged or destroyed by the negligent or willful acts of Concessionaire or its employees or agents, excepting normal wear and tear. Concessionaire shall clean the Food Concession Cart in accordance with applicable law and standard commercial food handling practices. b. Concessionaire shall provide such other equipment as is necessary for the providing of food and beverage sales as required by this Agreement, except for the Food Concession Cart ("Concessionaire Supplied Equipment"). At the termination or expiration of this Agreement, the District shall have the option, but not the obligation, to purchase the Concessionaire Supplied Equipment at its then fair market value. c. All signage for the Concessionaire's food and beverage operation at the Food Concession Cart and ,including sign content, shall be approved in writing by the Director prior to placement. 5. FOOD AND BEVERAGE SALES OPERATIONAL REOUIREMENT S. In performing the services required by this Agreement, Concessionaire shall comply with the following operational requirements: a. Concessionaire shall provide food and beverages at the Food Concession Cart during the following times: Monday through Friday 10:00 a.m. - 5:00 p.m., Saturday 1:00 p.m. - 5:00 p.m. Concessionaire may provide additional hours of food and beverage service with the prior written approval of the Director. b. Prior to commencement of the sales from the Food Concession Cart and not less than each calendar year thereafter the Director shall review and, after consulting with Concessionaire, approve the menu and quality of offerings for the Library operations. Concessionaire shall not sell any items from the Food Concession Cart without the prior written consent of the Director. c. Director shall approve in writing the food and beverage price lists, which approvals shall not be unreasonably withheld. Concessionaire's prices for food and beverages shall not exceed the prices on this approved list. C:IProgram Files (x86)1Neevia.ComiDocument Converter~femp\889884.DOC d. Concessionaire shall at all times faithfully, competently and to the best of its ability, experience, and talent perform all services described herein. Concessionaire shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar high quality food and beverage services as are required of Concessionaire in meeting its obligations under this Agreement. e. As of the date of this Agreement, the District has obtained from the Riverside County Health Department all applicable health permits and licenses as the owner of the facility in which the food and beverages services described in this Agreement will be conducted. Concessionaire shall operate and manage the food and beverage services described in this Agreement in full compliance with the terms of such permits and licenses and with any changes or modifications to said permits and licenses. To the extent the laws, regulations or opinions of the Riverside Health Department may change, Concessionaire shall obtain such permits and licenses as required by applicable laws and regulations. f. Concessionaire shall at its own cost and expense procure and keep in force during the term of this Agreement all necessary permits and licenses and shall require any subcontractors to have all necessary permits and licenses during the course of the term of the Agreement, including, without limitation: (1) City of Temecula business license; (2) County of Riverside Health Department food handler permits; and (3) California State Board of Equalization sellers permit. g. Concessionaire shall be responsible for the payment of all applicable taxes for products or services under its control, including without limitation, any possessory interest tax which might be imposed, and for the maintenance of appropriate records showing payment of taxes. Concessionaire shall pay and discharge before delinquency all taxes and assessments, if any, which maybe levied during the term of the Agreement as a result of Concessionaire's operations. Concessionaire shall not permit any liens to be asserted against District's property during the term of this Agreement. h. Employees of Concessionaire shall at all times be neatly and cleanly uniformed at no expense to District. The style and colors of uniforms for employees shall be approved by the Director. i. Concessionaire shall train and closely supervise all employees so that they are aware of and continually practice high standards of cleanliness, courtesy and service. Concessionaire's employees shall follow all applicable sanitary practices, rules and requirements governing restaurant employees. Concessionaire's employees shall at all times reflect personal cleanliness and neatness. Unkempt and unclean employees will not be tolerated by the District. The District shall provide written notice regarding any unkempt and unclean employees to the Concessionaire. j. Concessionaire's employees shall not, either by act or language, offend or disturb patrons of normal sensitivity during the course of providing services at the Library. Concessionaire's employees shall not interfere with normal use of the Library, and/or a program or special event presented at the Library. The Director shall be the sole judge in the dete~7nination of such matters. C:\Program Files (x86)1Neevia.ComiDocument Converterltemp1889884.DOC 3 k. Concessionaire shall provide an adequate number of personnel to properly service and attend to the patrons. 1. Concessionaire shall respond promptly to all complaints from patrons and shall report to District on each complaint and the resolution thereof. If District believes a complaint to be of a serious nature, District shall notify Concessionaire in writing. Concessionaire shall respond to such notification within four (4) calendar days. m. Not less than once each calendar quarter during the first year of the term of this Agreement, the Director or his/her designee and Concessionaire shall meet to discuss the operation of the food and beverage services and the financial viability of the operation. n. All promotions with other food vendors or any subcontracts shall be approved in advance and in writing by the Director. o. Concessionaire shall allow District Staff access to the Food Concession Cart and Concessionaire's operation as necessary or convenient to the District to insure compliance with the terms of this Agreement. 6. TERM. This Agreement shall commence on July 22, 2008 and shall remain and continue in effect until June 30, 2013 unless sooner terminated or extended pursuant to the provisions of this Agreement. District shall have the right to extend this Agreement for two one (1) year periods with the first beginning on July 1, 2013 and the second beginning on July 1, 2014. District shall exercise its option to extend the Agreement on or before April 1 of the year of expiration. PAYMENT TO THE DISTRICT. a. Concessionaire shall sell its food and beverages to patrons of the Library and members of the public from the Food Concession Cart. District shall not be required to pay or otherwise compensate Concessionaire for providing food and beverage services at the Library. b. For the privilege of operating the Food Concession Cart pursuant to the terms of this Agreement, Concessionaire shall pay to the District five percent (5%) of the Gross Revenues of the Concessionaire from its sales pursuant to this Agreement in the first year and increase by one percent (1 %) each year thereafter for the next four (4) years to a total often percent (10%) by the beginning of the fifth year and every succeeding year thereafter from its sales pursuant to this Agreement. Said sum shall be paid to the District within ten (10) calendar days following the end of each calendar quarterly. c. As used in this Agreement, "Gross Revenue" shall mean all the money or other things of value received by or owed to Concessionaire for the food and beverages sold pursuant to this Agreement prior to payment of expenses; provided, however, sales taxes pursuant to Section 7200 et seq. of the Revenue and Taxation Code shall not be included in Gross Revenues. C:IProgram Files (x86)1Neevia.ComiDocument Converter~femp\889884.DOC d. Concessionaire shall maintain a system of books and records in accordance with generally accepted accounting principles showing all Concessionaire's revenues received in connection with the sales of food and beverages pursuant to this Agreement. The Director of Finance shall review and approve the system of books and records and shall be authorized to require the preparation and maintenance of additional accounting records and reports. Said records shall be kept for not less than three (3) years after the expiration of the term of this Agreement and any extensions thereof. District and its authorized agents may inspect or audit such books and records at any time during regular business hours upon one (1) business day's notice. If a District audit uncovers an underreporting of Gross Revenues in the amount of five percent (5%) or more during a one year period, Concessionaire shall pay the District's costs in performing the audit. e. Prior to the commencement of the term of this Agreement, Concessionaire shall deposit in a local bank, or savings and loan company having F. D.I.C., or F. S.L.I. C., in favor of the District of Temecula, the amount of One Thousand Dollars ($1,000.00). If Concessionaire defaults in payments to the District or any of the terms, provisions, covenants and conditions of this Agreement, District may use, apply, or retain the whole or any part of this security for any payment due to the District of any expenses or payment in default or for any other sum which the District may spend or be required to spend by reason of Concessionaire's default. The security deposit or any balance remaining of the security deposit, less any deductions per this subsection, shall be returned to Concessionaire, without interest, within fourteen (14) days of the termination or expiration of this Agreement. In the event District uses part or all of the security deposit as provided herein, Concessionaire shall replenish the security deposit in the amount used within ten (10) days of notice from District. District may require, at any time, that the security deposit be increased in proportion to the amount that minimum monthly rent or payment has increased. 8. TERMINATION OF AGREENIENT WITIIOUT CAUSE. a. The District may at any time, for any reason, with or without cause, terminate this Agreement, or any portion hereof, by serving upon the Concessionaire at least ninety (90) calendar days prior written notice. Upon receipt of said notice, the Concessionaire shall continue to provide the services required by this Agreement, unless the notice provides otherwise. b. Concessionaire may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the District at least ninety (90) calendar days prior written notice. Upon receipt of said notice, the Concessionaire shall continue to provide the services required by this Agreement, unless the Director otherwise agrees in writing. c. In the event this Agreement is terminated pursuant to this Section, the Concessionaire shall pay to the District the amounts which maybe due to the District under this Agreement through the time of termination. C:IProgram Files (x86)1Neevia.ComiDocument Converter~femp\889884.DOC 9. DEFAULT OF CONCESSIONAIRE. a. Concessionaire's failure to comply with the provisions of this Agreement shall constitute a default. b. If the Director determines that Concessionaire is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Concessionaire with written notice of the default. Concessionaire 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 Concessionaire 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 or suspend 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. c. In the event the Director deternines that Concessionaire's default poses an immediate risk to the health or safety of patrons of the Library, the Food Concession Facility or the public, he may suspend the Agreement without prior written notice to Concessionaire. Upon such immediate suspension, the Director shall initiate the default procedures set forth in this Section. d. The District and Concessionaire agree that waiver by the District or Concessionaire of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. 10. INDEMNIFICATION. Concessionaire agrees to defend, indemnify, protect and hold harmless the District, City, and/or Agency, and their officers, officials, agents, 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 District, City, and,/or Agency may sustain or incur or which maybe imposed upon them for injury to or death of persons, or damage to property arising out of Concessionaire'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, their officers, officials, agents, employees and volunteers. 11. INSURANCE REQUIREMENTS. Concessionaire 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 Concessionaire, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 O1 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 O 1 06 92 covering Automobile Liability, code 1 (any auto). If the C:IProgram Files (x86)1Neevia.ComiDocument Converter~femp\889884.DOC Concessionaire owns no automobiles, anon-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 Concessionaire has no employees while performing under this Agreement, worker's compensation insurance is not required, but Concessionaire shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Concessionaire shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $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. c. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the Director of Finance. At the option of the Director of Finance, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the Indemnified Parties; or the Concessionaire 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, City, and/or Agency, their officers, officials, agents, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Concessionaire; products and completed operations of the Concessionaire; premises owned, occupied or used by the Concessionaire; or automobiles owned, leased, hired or borrowed by the Concessionaire. The coverage shall contain no special limitations on the scope of protection afforded to the Indemnified Parties. C:IProgram Files (x86)1Neevia.ComiDocument Converter~femp\889884.DOC (2) For any claims related to this Agreement, the Concessionaire's insurance coverage shall be primary insurance as respects the District, City, and/or Agency their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the District, City, and/or Agency their officers, officials, employees and volunteers shall be excess of the Concessionaire'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, City, and/or Agency their officers, officials, employees and volunteers. (4) The Concessionaire's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the District. (6) In the event Concessionaire receives any notice of an event described in Subparagrph (5) ofthis section, Concession shall notify the District in writing of said notice and provide District with a copy thereof with two (2) days of receipt of said notice and insurance policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A. M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Concessionaire 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 Concessionaire's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 12. INDEPENDENT CONTRACTOR. a. Concessionaire 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 Concessionaire shall at all times be under Concessionaire's exclusive direction and control. Neither District nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Concessionaire or any of Concessionaire's officers, employees, or agents except as set forth in this Agreement. Concessionaire shall not at any time or in any C:IProgram Files (x86)1Neevia.ComiDocument Converter~femp\889884.DOC mamier represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the District. Concessionaire 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 Concessionaire in connection with the performance of this Agreement. Except for the rights of Concessionaire as provided in the Agreement, District shall not pay salaries, wages, or other compensation to Concessionaire for performing services hereunder for District. District shall not be liable for compensation or indemnification to Concessionaire for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES. Concessionaire shall keep itself informed of all applicable local, State and Federal laws, ordinances, and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. Concessionaire 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 for any failure of the Concessionaire to comply with this section. 14. RELEASE OF INFORMATION. a. All infoi7nation gained by Concessionaire in performance of this Agreement shall be considered confidential and shall not be released by Concessionaire without District's prior written authorization. Concessionaire, its officers, employees, agents or subcontractors, shall not without written authorization from the Director or unless requested by the District 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 Concessionaire gives District notice of such court order or subpoena. b. Concessionaire shall promptly notify District should Concessionaire, 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 be present at any deposition, hearing or similar proceeding. Concessionaire agrees to cooperate fully with District and to provide District with the opportunity to review any response to discovery requests provided by Concessionaire. However, District's right to review any such response does not imply or mean the right or obligation by District to control, direct, or rewrite said response. 15. 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. C:iProgram Files (x86)1Neevia.ComiDocument Converter~femp\889884.DOC 9 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: Mailing Address: City of Temecula Community Services Department P.O. Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: Director of Community Services To Concessionaire: Full Value Entertainment 26489 Ynez Road, C 113 Temecula, CA 92591 Attention: Bill Gould 16. ASSIGNII~ENT. Due to the special services being performed by Concessionaire pursuant to this Agreement, and the importance of providing quality food and beverage services, Concessionaire shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Director. 17. GOVERNING LAW; LITIGATION. The District and Concessionaire 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 District of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula or District shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Concessionaire, or Concessionaire's sub-contractors, during his/her tenure or for one year thereafter. The Concessionaire hereby warrants and represents to the District that no officer or employee of the City of Temecula or District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Concessionaire or Concessionaire's sub-contractors for the services to be provided under this Agreement. Concessionaire 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 C:iProgram Files (x86)1Neevia.ComiDocument Converter~femp\889884.DOC 10 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 EYECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Concessionaire warrants and represents that he or she has the authority to execute this Agreement on behalf of Concessionaire and has the authority to bind Concessionaire to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT FULL VALUE ENTERTAINMENT Jeff Comerchero President Attest: Susan W. Jones, MMC, District Secretary/ City Clerk Approved as to form: Peter M. Thorson, General Counsel By: William J. Gould, Jr. Owner C:iProgram Files (x86)1Neevia.ComiDocument Converter~femp\889884.DOC 11 ITEM N~}. 19 Approvals City Attorney S~~ Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: William G. Hughes, Director of Public Works DATE: July 22, 2008 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Ronald Reagan Sports Park Desilting Basin, Project No. PW05-13 PREPARED BY: Greg Butler, Deputy Director of Public Works -CIP William Becerra, Associate Engineer -CIP RECOMMENDATION: That the Board of Directors approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Ronald Reagan Sports Park Desilting Basin, Project No. PW05-13 BACKGROUND: On December 11, 2007, the Board of Directors adopted a Mitigated Negative Declaration, approved the Ronald Reagan Sports Park Desilting Basin Project, and authorized the Director of Public Works to prepare construction plans and specifications. This project will drain and grade two desilting ponds that will assist with providing adequate storage for runoff water and silt adjacent to the Community Recreation Center, located along the westerly side of the park. The Federal Emergency Management Agency (FEMA) has agreed to a reimbursement amount of $205,000.00 with the balance of any additional expenditures potentially eligible for reimbursement upon project completion, including environmental mitigation to be constructed under a separate contract. Project plans and specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office. The Engineer's Construction Estimate for the project is $265,000.00 FISCAL IMPACT: This project is in the City's Capital Improvement Program, Fiscal Years 2008-2012 and is eligible to be funded with FEMA funds on a reimbursement basis. Funds will be advanced from TCSD -Citywide Fund until such time as the City receives reimbursement from FEMA. ATTACHMENTS: 1. Project Description 2. Project Location PROJECT DESCRIPTION Project Title: PRIORITY: 1 RONALD REAGAN SPORTS PARK CHANNEL SILT REMOVAL AND DESILTING POND Project Type: Parks Description: Remove silt from the channel located in Ronald Reagan Sports Park and the desiltation pond west of the sports park. Department: Community Services -Account No. 210.190.187 Scope of Project: Project will include excavating, hauling away, and disposing of silt in the channel area and desiltation pond, and environmental mitigation. Part of this project was completed in December 2007, in accordance with City Resolution 07-105, Declared Local Emergency. Benefit: Project will increase the flow capacity of the channel in order to prevent flooding in the sports park, and increase the capacity of the pond to hold storm water and reduce down stream sedimentation. Project Cost: Actuals Total Project to Date 2008-09 2009-10 2010-11 2011-12 2012-13 Cost Administration $ 36,661 $ 34,000 $ 70,661 Construction $ 41,945 $ 251,260 $ 293,205 Design $ 79,576 $ 49,260 $ 128,836 Environmental $ 47,100 $ 75,000 $ 122,100 MSHCP $ 14,510 $ 14,510 Totals $ 158,182 $ 396,130 $ 75,000 $ - $ - $ - $ 629,31.2 Source of Funds: Reimbursements/Other (Fema) $ 158,182 $ 396,130 $ 75,000 $ 629,312 Total Funding: $ 158,182 $ 396,130 $ 75,000 $ 629,312 Future O 8~ M Cost: $ 20,000 Annually 151 PROJECT LOCATION Project Title: RONALD REAGAN SPORTS PARK CHANNEL SILT REMOVAL AND DESILTING POND ~y EMORA ST ., ~°~ o SyCY TERRPCE y~~T y~O o Q" SPCA CT 0~ 0 ~ ~ J w Z OA«E MOO~VT/pEOT PGENPg'C ~ P ~ ~ ~ a ¢ NORq N HO A C V~3 A T RO w ~ O~ ~ P O ~\Q3' COLINAVE ~E PgVeq RD O = ~ ~ ~ J ~ ° O w ~ J N A U W ~ ~ Q J 2 ~ ~ ~ j \\~\ /~~ / Q Q UJ Q (~ U 150 ITEM N~}. 2d Approvals City Attorney Director of Finance 5~~ City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: July 22, 2008 SUBJECT: Contingency Increase for the Murrieta Creek Multi-Purpose Trail; Project No. PW01-27 PREPARED BY: William G. Hughes, Director of Public Works Greg Butler, Deputy Director of Public Works -CIP Laura Bragg, Project Engineer-CIP RECOMMENDATION: That the Board of Directors: 1. Increase the contingency for the Murrieta Creek Multi-Purpose Trail, Project No. PW01-27 in the amount of $73,570.37; 2. Authorize the City Manager to approve change orders not to exceed the additional contingency amount of $73,570.37. BACKGROUND: At the time of the original bid for the Murrieta Creek Multi-Purpose Trail, Southern California Edison (SCE) had not yet completed the design for the necessary conduit runs from the two Edison pick-up points to the two irrigation controller points of connection. Since the project's award to IAC Engineering, Inc. (IAC), Edison's design has been completed. This work was not part of the original bid but adequate funds were appropriated in the project account for all utility work, including Edison's work. Contract Change Orders (CCOs) have been necessary during the normal construction of the Murrieta Creek Multi-Purpose Trail for various unforeseen circumstances. Due to these previously approved CCOs, there are not sufficient funds left in the current project contingency to fund the needed SCE work. Staff is recommending an increase to the project contingency by $73,570.37 to fund the SCE work and for the City Manager to be authorized to approve the work. FISCAL IMPACT: The Murrieta Creek Multi-Purpose Trail project is funded through Development Impact Fees -Public Facility and Open Space, and Transportation Enhancement Activities Program (TEA). Funds are available in the unencumbered portion of Account No. 210- 190-142-5804. The total project contingency increase is $73,570.37. ATTACHMENTS: none TCSD DEPARTMENTAL REPORT ITEM N~}. 21 Approvals City Attorney Director of Finance 5~~ City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: July 22, 2008 SUBJECT: Monthly Departmental Report PREPARED BY: Gail Zigler, Administrative Assistant The Redhawk Parks Improvement project is currently in the design development stage. Staff met with the design consultant at the beginning of June to review the design development packet and 50% submittal. Staff is working with the various utility companies to secure will serve confirmation for the sites. The Phase 1 project includes improvements to Redhawk Community Park and Redhawk Dog Park. This project will include a restroom facility, ADA improvements, turf and irrigation modifications, half-basketball courts, and a permanent dog park which includes water fountains, picnic tables, ornate fencing, landscaping and concrete walkways. The Escalier House and Barn have been relocated as part of the Temecula Community Center (TCC) expansion project and specifications are being reviewed by the Economic Development Agency (EDA). Construction plans have been completed and as soon as we receive approvals from the EDA we will be out to bid on the expansion project. The Community Services Department, in conjunction with the Public Works Department, has completed the design for the Murrieta Creek Multi-Purpose Trail project. Aground breaking ceremony was held on March 18, 2008 and construction is underway on this project. Improvements will include multi-use trails, picnic areas and landscaping improvements. On July 4th the City held their Annual 4th of July celebration. Activities included a parade in Old Town with approximately 70 entries and about 5,000 in attendance. Following the parade the celebration continued at the Ronald Reagan Sports Park where there were food vendors, craft vendors, live entertainment, a kid's fun zone and a fireworks show. Staff estimates approximately 14,000 were in attendance. The 2008 Summer Sunsets Film and Concert Series began on July 10th and will continue each Thursday night through August 21St at the Temecula Amphitheater. The movie series will kick-off on Friday July 11th with a combined balloon glow event at Ronald Reagan Sports Park. The final moving showing will be held on August 22nd. In addition, F.A.M. events, S.M.A.R.T., Summer Day Camp, along with many other summer camp programs are currently underway. The 2008 SummerlFall Guide to Leisure Activities was mailed to all Temecula residents this month. The recreation brochure features over 250 different classes, several special events and information on all of our recreation and community facilities. The brochure is a well received publication and many of our classes and activities are sold out. The Cultural Arts Division continues to program and carry-out the classes and activities as outlined in the 2008 Summer/Fall Guide to Leisure Activities, and the Old Town Temecula Community Theater's musical and theatrical performance line-up. In addition to classes and activities, there are many special events including theater performances, excursions, etc. The Cultural Arts Division is responsible far the day-ta-day operations of the Old Town Temecula Community Theater, the Temecula Valley History Museum and the Imagination Workshop, Temecula Children's Museum. The Development Services Division continues to participate in the development review for projects within the City, as well as overseeing the development of parks and recreation facilities, and the contract for refuse and recycling, cable television services and assessment administration. The TCSD Maintenance Division continues to oversee the maintenance of all City parks and facilities, and assist in all aspects of City-wide special events. REDEVELOPMENT AGENCY ITEM N~}. 22 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY JULY 8, 2008 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:56 p.m., in the City Council Chambers, at 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Edwards, Naggar Washington, Roberts ABSENT: 0 AGENCY MEMBERS: None Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones PUBLIC COMMENTS Na public input. RDA CONSENT CALENDAR 15 Minutes RECOMMENDATION: 15.1 Approve the minutes of June 24, 2008. 16 Agreement between Melody's Ad Works and the Redevelopment Agency far FY 2008-09 RECOMMENDATION: 16.1 Approve an agreement for FY 2008-09 with Melody's Ad Works in the amount of $39,700 for promoting and marketing Special Events in Old Town. MOTION: Agency Member Washington moved to approve the Consent Calendar. Agency Member Edwards seconded the motion and electronic vote reflected approval with the exception of Agency Member Naggar who abstained on Item No. 15. RDA EXECUTIVE DIRECTORS REPORT No reports at this time. RDA AGENCY MEMBERS REPORTS No reports at this time. R:\Minutes1070808 RDA ADJOURNMENT At 7:56 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, July 22, 2008, at 5:30 p.m. for a Closed Session with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California Ron Roberts, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:\Minutes1070808 ITEM N~}. 23 Approvals City Attorney S~~ Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Redevelopment Director DATE: July 22, 2008 SUBJECT: Annual Contract for Keyser Marston Associates, Inc. for Real Estate Economic and Affordable Housing Consulting Services for Fiscal Year 2008-09 RECOMMENDATION: That the Agency Members Approve an agreement with Keyser Marston Associates, Inc. in the amount of $65,000 to provide as-needed Real Estate Economic Consulting Services for Fiscal Year 2008-09 and Authorize the Redevelopment Chairperson to execute the agreement. 2. Approve an agreement with Keyser Marston Associates, Inc. in the amount of $60,000 to provide as-needed Affordable Housing Consulting Services for Fiscal Year2008-09 and Authorize the Redevelopment Chairperson to execute the agreement. BACKGROUND: The Agency is currently pursuing a comprehensive range of redevelopment projects, including commercial, institutional, affordable housing and other revitalization initiatives. Keyser Marston Associates, Inc. (KMA) has provided economic consulting services to assist the Temecula Redevelopment Agency (Agency) with its redevelopment and affordable housing projects for nearly ten years. The attached one-year agreement is to provide as-needed services for projects through Fiscal Year 2008-09. In order to assist the Agency with these activities, KMA will provide the following menu of consulting services on an as-needed basis: 1. Market Support and Valuation 2. Fiscal and Economic Impact 3. Financial Analysis 4. Identification of Financing Sources 5. Transaction of Structuring/Negotiations 6. Preparation of Reuse Analyses and Summary Reports 7. Public Hearings and Presentations KMA will provide all services, as requested, on a time-and materials basis subject to the attached standard hourly billing rate schedule. FISCAL IMPACT: The $65,000 will be funded through 280-199-999-5250 and $60,000 through 165-199-999-5250 2008/09 Budget. ATTACHMENTS: Real Estate Economic Consulting Services Contract for Fiscal Year2008-09 Affordable Housing Consulting Services Contract far Fiscal Year 2008-09 G~~' KEYSER MARSTON ASSOCIATES. ADVISORS IN PUBLIC/PRIVATE REAL ESTATE DEVELOPMENT MEMORANDUM \I?~ Iu11J I~A' REAL ESTATE REDEVELC)1'MENT AFFORDABLE HOUSING ECONOMIC DEVELOPMENT Sv~~~ I I:Atvclu ~, A. TERRY KEYSER TIMOTHY C. KELLY KATE EARLE FUNK DeBBIE na. KERN ROBERT L VVETMORE REED T. KAWAHARA I l~S ANGV l Eti CALVIN E. HOLLI S. II KATHLEEN I-I. BEAD DAMES A. RARE PAUL C. ANUERSUN GREGORY D. 100-HOO KEVIN E. ENGST ROM IULIE L. ROMEY ~.,.~ r)Irr,~~ GERALD M. TRIMBLE PAUL C. MARRA From: KEYSER MARSTON ASSOCIATES. INC. To: John Meyer, AICP Temecula Redevelopment Agency Date: June 23. 2008 Subject: Proposal for Real Estate Economic Consulting Services for 2008-2009 Keyser Marston Associates, Inc. (KMA) is pleased to submit this proposal for economic consulting services to assist the Temecula Redevelopment Agency (Agency) with its redevelopment objectives. As we understand it, the Agency is pursuing a comprehensive range of redevelopment initiatives, including commercial, institutional, and other revitalization endeavors. KMA is very interested in assisting the Agency, and propose to provide the following economic consulting services an an as-needed basis: • Market Support and Valuation -KMA assists our clients with market demand analyses; identification of appropriate development programs; and projection of absorption potential and achievable rents and prices. KMA also works with community stakeholders and planning and design professionals to evaluate the development potential -both commercial and residential -for specific districts or neighborhoods. • Fisca! and Economic Impact -KMA prepares assessments of fiscal and economic benefits for proposed developments, including in-fill residential and commercial uses. These assessments consider the potential impacts of a development proposal on the surrounding community; the level of property tax and sales tax generation; and potential benefits in terms of jabs/housing balance. • Financial Analysis -KMA assists our clients in reviewing the financial feasibility of proposed developments. This task serves our clients in several ways: comparison of competing proposals; identification of supportable land value, or, alternatively, need for "gap" financing; and assessment of the overall feasibility of alternative 1660 HOTEL CIRCLE NORTH, SUITE 716 ~ SAN DIEGO. CALIFORNIA 92108 > PHONE:619 7189500 > FAX:619 7189508 08072ndh W W W.KEYSERMARSTON.COM 19545.022 To: Jahn Meyer, AICP June 23, 20Q8 Subject: Proposal for Real Estate Economic Consulting Services Page 2 development concepts. Typically, the KMA pro forma analyses are used extensively in the context of negotiations with developers and/or property owners. • Transaction Structuring/Negotiations -One of KMA's key roles is to assist public agencies in soliciting and evaluating development proposals from qualified developers and property owners. We assist our public clients in negotiating the terms of land sales and public financial assistance. • Preparation of Reuse Analyses and Summary Reports -Section 33433 of the Health and Safety Code defines the specific process a redevelopment agency must follow in order to dispose of public assets for purposes of private development. This process requires that an agency prepare a Summary Report comparing the fair market value of the property at highest and best use, the re-use value of the property subject to the covenants and conditions imposed by the agency, and the agency's costs under the proposed development agreement. • Puhlic Hearings and Presentations -KMA will participate as needed in public meetings when redevelopment transactions are considered. We will provide all services, as requested, on atime-and-materials basis subject to the attached standard hourly billing rate schedule. attachment 08072ndh 19545.022 KEYSER MARSTON ASSOCIATES, INC. PUBLIC SECTOR HOURLY RATES 200812009 (711108 - 6/30/09) A. JERRY KEYSER* $280.00 MANAGING PRINCIPALS $280.00 SENIOR PRINCIPALS" $270.00 PRI NCIPALS* $250.00 MANAGERS" $225.00 SENIOR ASSOCIATES $187.50 ASSOCIATES $167.50 SENIOR ANALYSTS $150.00 ANALYSTS $130.00 TECHNICAL STAFF $95.00 ADMINISTRATIVE STAFF $80.00 Directly related job expenses not included in the above rates are: auto mileage, air fares, hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data processing, graphics and printing. Directly related job expenses will be billed at 110°~ of cost. Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30} days of invoice date. Rates for individuals in these categories will be increased by 50% for time spent in court testimony. 08072ndh 19545.022 G~~' KEYSER MARSTON ASSOCIATES. ADVISORS IN PUBLIC/PRIVATE REAL ESTATE DEVELOPMENT vu~ n~lr> i~ti~ REAL ESTATE REDEVELC)1'MENT AFFORDABLE HOUSING ECONOMIC DEVELOPMENT Sv~~~ I I:Atvclu ~, A. TERRY KEYSER TIMOTHY C. KELLY KATE EARLE FUNK DeBBIE na. KERN ROBERT L VVETMORE REED T. KAWAHARA I l~S ANGV l Eti CALVIN E. HOLLI S. II KATHLEEN I-I. BEAD DAMES A. RARE PAUL C. ANUERSUN GREGORY D. 100-HOO KEVIN E. ENGST ROM IULIE L. ROMEY ~.,.~ r)Irr,~~ GERALD M. TRIMBLE PAUL C. MARRA MEMORANDUM To: John Meyer, AICP Temecula Redevelopment Agency From: KEYSER MARSTON ASSOCIATES. INC. Date: June 23. 2008 Subject: Proposal for Affordable Housing Consulting Services far 2008-2009 Keyser Marston Associates, Inc. (KMA) is pleased to submit this proposal for consulting services to assist the Temecula Redevelopment Agency (Agency) with its affordable housing objectives. As we understand it, the Agency is pursuing a comprehensive range of affordable housing initiatives, including both rental and for-sale housing. KMA is very interested in assisting the Agency, and propose to provide the following consulting services on an as-needed basis: • Market Support and Valuation -KMA assists our clients with market demand analyses; identification of appropriate development programs; and projection of absorption potential and achievable rents and prices. • Financial Analysis -KMA assists our clients in reviewing the financial feasibility of proposed developments. This task serves our clients in several ways: comparison of competing proposals; identification of supportable land value, or, alternatively, need for "gap" financing; and assessment of the overall feasibility of alternative development concepts. Typically, the KMA pro forma analyses are used extensively in the context of negotiations with developers and/or property owners. • Identification of Financing Sources -The development process, in particular the development of affordable housing, typically relies on the "layering" of various public and private financing sources -including competitively allocated federal, state, and local funding. KMA has worked extensively with redevelopment and housing 1660 HOTEL CIRCLE NORTH, SUITE 716 ~ SAN DIEGO. CALIFORNIA 92108 > PHONE:619 7189500 > FAX:619 7189508 08073ndh W W W.KEYSERMARSTON.COM 19545.021 To: Jahn Meyer, AICP June 23, 20Q8 Subject: Proposal for Affordable Housing Consulting Services Page 2 agencies to successfully implement affordable and mixed-income housing developments. • Transaction Structuring/Negotiations -One of KMA's key roles is to assist public agencies in soliciting and evaluating development proposals from qualified developers and property owners. We assist our public clients in negotiating the terms of land sales and public financial assistance. • Preparation of Reuse Analyses and Summary Reports -Section 33433 of the Health and Safety Code defines the specific process a redevelopment agency must follow in order to dispose of public assets for purposes of private development. This process requires that an agency prepare a Summary Report comparing the fair market value of the property at highest and best use, the re-use value of the property subject to the covenants and conditions imposed by the agency, and the agency's costs under the proposed development agreement. • Puhlic Hearings and Presentations - KMA will participate as needed in public meetings when redevelopment transactions are considered. We will provide all services, as requested, on atime-and-materials basis subject to the attached standard hourly billing rate schedule. attachment 08073ndh 19545.021 KEYSER MARSTON ASSOCIATES, INC. PUBLIC SECTOR HOURLY RATES 200812009 (711108 - 6/30/09) A. JERRY KEYSER* $280.00 MANAGING PRINCIPALS $280.00 SENIOR PRINCIPALS" $270.00 PRI NCIPALS* $250.00 MANAGERS" $225.00 SENIOR ASSOCIATES $187.50 ASSOCIATES $167.50 SENIOR ANALYSTS $150.00 ANALYSTS $130.00 TECHNICAL STAFF $95.00 ADMINISTRATIVE STAFF $80.00 Directly related job expenses not included in the above rates are: auto mileage, air fares, hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data processing, graphics and printing. Directly related job expenses will be billed at 110°~ of cost. Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30} days of invoice date. Rates for individuals in these categories will be increased by 50% for time spent in court testimony. 08073ndh 19545.021 ITEM N~}. 24 Approvals City Attorney S~~ Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Redevelopment Director DATE: July 22, 2008 SUBJECT: Amendment of the First Time Home Buyer Program RECOMMENDATION: That the Board of Directors Adopt a resolution entitled: RESOLUTION NO. RDA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A REVISED FIRST TIME HOME BUYER PROGRAM BACKGROUND: The First Time Homebuyer Program was originally adopted in June 1996. The Program offered second trust deed mortgages of up to $24,000 to households earning moderate income. The program was very successful for several years until the local housing market out paced the area's median income. The current market conditions have sufficiently lowered the price of homes in Temecula to once again making this program viable. In order to take advantage of this condition, staff is recommending that the loan amount be increased from $24,000 to $65,000. This down payment assistance will allow qualifying households to purchase homes in the $250,000 - $300,000 price range. Payments and interest is deferred for the first 5 years and then fully amortized in years six (6) through thirty (30). There is $1.6 Million in the First Time Home Buyer Program for FY 2008 - 09, which will fund approximately 25 participants. Because many of the homes will be purchased out of foreclosure, there may be additional repairs and improvements necessary to make the house habitable. To assist this, staff is recommending that an auxiliary component to the Residential Improvement Program also be adopted as part of this amendment. Currently, the Residential Improvement Program allows up to $7,500 of improvements for the exterior improvements to the house. Examples would include roofing and fencing repairs, new garage doors or windows and repainting. Other basic code requirements such as water heating strapping and repairs to HVAC systems are also allowed under the current program. Staff will be recommending an additional $2,500 be made available for First Time Homebuyer participants to be used for repairs and improvements not normally allowed under the program. Examples would include interior improvements such as repairing or replacing appliances like ovens and cook tops or repairs to irrigation or pool equipment. The amendment to the Residential Improvement Program will be brought back for Agency Board approval at a subsequent meeting. FISCAL IMPACT: The FY 2008-09 budget contains $1.6 million for the First Time Hamebuyer Program and $200,000 for the Residential Improvement Program. ATTACHMENTS: Resolution Revised Program Parameters RESOLUTION NO. RDA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A REVISED FIRST TIME HOME BUYER PROGRAM Section 1. THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY of Temecula DOES HEREBY RESOLVE AS FOLLOVIIS: A. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in accordance with the provisions of the Community Redevelopment Act {Health and Safety Code Sections 33000 et seq.). On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. B. Since June, 1996, the Agency has had a First Time Home Buyer's Program to help persons of moderate income purchase their first homes. C. The primary objective of the First Time Home Buyer's Program is to provide housing inventory on a continuing basis which will be available for purchase by first time home buyers of moderate income. D. The Agency desires to expand the First Time Home Buyer's Program as described below and authorize the Executive Director to establish a Manual for administration of the First Time Home Buyer's Program in accordance with the terms of this Resolution. E. The First Time Home Buyer's Program is intended to effectuate the objectives of the Agency and the City of Temecula {the "City"} in complying with their obligation to provide moderate income housing pursuant to the Community Redevelopment Act and the goals of the City's Housing Element to the Temecula General Plan. The First Time Home Buyer's Program and the fulfillment generally of its objectives are in the best interest of the City and the welfare of its residents, and in accordance with the public purposes and provisions of applicable federal, state, and local laws and requirements F. The First Time Home Buyer's Program, as revised by this Resolution, is consistent with the Redevelopment Plan, the Implementation Plan adopted by the Agency on December 7, 2004 for the Project Area, and the City's General Plan and each element thereof, including without limitation, the City's Housing Element. G. The Agency Board has duly considered all terms and conditions of the proposed revised First Time Home Buyer's Program and believes that the revised First Time Home Buyer's Program is in the best interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. Section 2. The Agency hereby establishes and approves a First Time Home Buyer's Program ("Program") subject to the following terms: A. The Program shall be available to borrowers of moderate income as defined by the State of California. B. The Program shall be available to borrowers who have not owned a home in the three (3) years prior to application to the Program. C. Borrower shall provide a cash down payment of three percent (3%) of the purchase price of the home; D. The Agency shall provide qualified borrowers a loan secured by a second trust deed on the property in the amount of twenty percent (20%) of the appraised value of the property up to a maximum of sixty five thousand dollars ($65,000.00). E. The loan shall be a thirty (30) year loan at five percent (5%) interest, deferred for the first five (5) years, then fully amortized in years six (6) to thirty (30). F. The loan shall become due and payable in full if the borrower transfers title, ceases to occupy the property as his ar her principal residence, refinances with cash taken out, or otherwise defaults on the loan documents. Section 3. The Executive Director of the Agency (or his designee), is hereby directed and authorized, on behalf of the Agency, to: (1) take all actions necessary and appropriate to carry out and implement the First Time Home Buyer's Program; (2) administer the Agency's obligations, responsibilities and duties to be performed under the First Time Home Buyer's Program; (3) develop, approve and implement a "Manual for the First Time Home Buyer's Program" providing for the administrative directives and regulations necessary and convenient for the implementation of the First Time Home Buyer's Program in accordance with the provisions of this Resolution; and (4) enter into and execute on behalf of the Agency all documents necessary and convenient for the implementation of the First Time Home Buyer's Program, including but not limited to the Lender Agreements, Promissory Notes, Deeds of Trust, Regulatory Agreements, acceptances, escrow instructions, certificates of completions and such other implementing agreements and documents as contemplated or described in the Manual. Section 4. This Resolution shall be effective upon its adoption and shall be applicable to all applications for loans under the First Time Home Buyer's Program submitted after this date. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula this 22 day of July, 2008. Ron Roberts,Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City ClerklBoard Secretary of the Temecula Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 08- was duly and regularly adopted by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula at a meeting thereof held on the 22 day of July, 2008, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary RDA DEPARTMENTAL REPORT ITEM N~}. 25 Approvals City Attorney S~~ Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Redevelopment Director DATE: July 22, 2008 SUBJECT: Redevelopment Departmental Monthly Report RECOMMENDATION: Receive and file. REDEVELOPMENT Town Square Market Place As part of the Civic Center Master Plan, the City has created a development opportunity for approximately 52,000 square feet of commercial and office development surrounding the Town Square along the reconfigured Main Street. The Agency has issued a Request for Interest to select a preferred development partner. Initially six firms were interviewed and a second round of interviews took place in early April. Council and Staff have heard presentations from the two finalists. A site visit was also conducted. It is anticipated that an Exclusive Negotiating Agreement with a preferred developer will be brought to the City Council in the next 30 days. Facade Improvement Program The Facade Improvement Program provides funding assistance to Old Town business and property owners to provide exterior improvements to their buildings and property. Funding in the amount of $80,000 is available during FY 2008-09. The following facade improvements are in process or recently completed: Palomar Hotel - Paint Exterior, New Windows and Doors La Menagerie - Design and Install Sand Blasted Wood Signs The Bank of Mexican Food - Paint Exterior Door & Window Frames Butterfield Square - Paint Exterior European Living -New Signs HOUSING Housing Element Update The Agency is assisting with the Planning Department's Housing Element Update. The Housing Element is a chapter of the City General Plan and is required to be updated every 6 years. The Housing Element provides goals and policies for meeting the projected housing needs within the City. The City received comments back from Housing and Community Development {HCD) and updates and revisions are being made to address the concerns of HCD and bring the Housing Element into compliance with State Housing Law. Diaz Road Exclusive Negotiation Agreement The Agency issued a Request for Interestto select a preferred development partner for the 30 acre site located on Diaz Road. Seven firms have responded. The Agency is negotiating an Exclusive Negotiating Agreement (ENA) with a preferred developer. Dalton III Mixed On March 28, 2006 the Council approved an Owner Participation Agreement with the D'Alto Partners to build amixed-use affordable housing project. The project consists of 22 units over 4,700 sq. ft. of retail/commercial. The project is located on the north side of Fifth Street, west of Mercedes. The Residential units have been occupied. The Warehouse at Creekside The Agency is currently working with Bill Dalton on a new development on 3rd Street in Old Town. The proposed development includes 32 units of affordable housing and 3500 square foot ground floor of commercial. The project includes 1 dedicated parking space for each residential unit. First Time Homebuyers Program The Agency is currently evaluating the economic feasibility of the program. An increase in the budget for this program is being considered and is awaiting approval as part of the fiscal year 2008- 2009 budget. Residential Improvement Programs The program budget for FY 08-09 is $200,000.00, with $0 funded to date. The amount available to each participant is $7,500. TEMECULA PUBLIC FINANCING AUTHORITY ITEM N~}. 26 MINUTES OF A REGULAR MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY MAY 13, 2008 A regular meeting of the City of Temecula Public Financing Authority was called to order at 8:41 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: ABSENT: 5 AUTHORITY MEMBERS: Comerchero, Edwards, Roberts Washington, Naggar 0 AUTHORITY MEMBERS: None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. TPFA CONSENT CALENDAR 18 Minutes RECOMMENDATION: 18.1 Approve the minutes of February 12, 2008. 19 Initiation of City Construction of Priority Public Improvements with Bond Proceeds tCFD 03- RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 08-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING AND DIRECTING VARIOUS ACTIONS WITH RESPECT TO THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) R:\Minutes.tpfa\051308 20 Community Facilities District No. 03-02 (Roripaugh Ranch} Initiation of Action Necessary to Foreclose Delinquent Special Tax Liens RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 08-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO REMOVE DELINQUENT SPECIAL TAXES FROM THE COUNTY TAX ROLL AND ORDERING JUDICIAL FORECLOSURE PROCEEDINGS AGAINST DELINQUENT PROPERTY UVITHIN COMMUNITY FACILITIES DISTRICT 03-02 (RORIPAUGH RANCH) MOTION: Authority Member Edwards moved to approve the Consent Calendar. Authority Member Roberts seconded the motion and electronic vote reflected unanimous approval. ADJOURNMENT At 8:42 p.m., the Temecula Public Financing Authority Meeting was formally adjourned. Michael S. Naggar, Chairman ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:\Minutes.tpfa\051308 ITEM N~}. 27 Approvals City Attorney S~~ Director of Finance City Manager TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 22, 2008 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-1 (Crowne Hill) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the Board of Directors: Adopt a resolution entitled: RESOLUTION NO. TPFA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) BACKGROUND: The Temecula Public Financing Authority (the "Authority') was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On January 28, 2003, the Authority adopted two resolutions of intention relative to a proposed community facilities district (the "District") and, thereafter, took the necessary actions to issue bonds on July 24, 2003, in the amount of $12,155,000, and on July 26, 2005, in the amount of $6,000,000. The proceeds of the bonds were used to eliminate a County special assessment lien on the land in the CFD and to finance various public improvements specified in the CFD proceedings. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District. The maximum special tax levy required for fiscal year 2008-09, as calculated by the City's special tax consultant, is $1,117,949.86, which includes both the original issue and the second issue. This levy of special taxwill fund the debt service payments and administrative costs which are detailed in the attached schedule entitled "Preliminary Budget for Fiscal Year 2008-09." FISCAL IMPACT: The calculated maximum special tax levy required for the 2008-09 fiscal year is $1,117,949.86. ATTACHMENTS: Resolution No. TPFA 08- PreliminaryBudget far Fiscal Year 2008-09 RESOLUTION NO. TPFA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-1 {CROINNE HILL) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-1 {Crowne Hill} (the "CFD"), created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended {the "Act"). Section 2. The Board of Directors has enacted Ordinance No. TPFA 03-01 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 03-05 and Ordinance No. TPFA 03-01, there is to be levied an aggregate special tax of $1,117,949.86 on the taxable parcels located in the CFD for Fiscal Year 2008-09 as set forth on a magnetic tape to be provided by NBS to the Auditor-Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 03-05 and Ordinance No. TPFA 03-01, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required band reserve funds, or other reserve funds, if necessary. C. Payment of the administrative casts and incidental expenses of the CFD, as provided in Resolution No. TPFA 03-05 the Indenture of Trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 7. The Auditor-Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-1 (Crowne Hill}" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 22nd day of July, 2008. Michael S. Naggar, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 08- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 22nd day of July, 2008, by the fallowing vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary City of Temecula Community Facilities District No. 03-1A Preliminary Budget for Fiscal Year 2008/09. Category/Item FY 2008/09 FY 2007/08 Increase / (Decrease) Principal and Interest Principal $265,000.00 $255,000.00 $10,000.00 Interest 819,710.02. 829,160.02 (9,450.00) .Subtotal $1,084,710.02 $1,084,160.02 $550.00 Admin. Expenses Agency administra0ve casts $18,000.00 $78,000.00 $0.00 Trustee/Paying Agent costs 5,200.00 7,400.00 (2,200.00) County collection fees (1) 370.44 286.56 23.gg Arbitrage calculation costs 500.00 0.00 500.00 Continuing disclosure costs, 1,352.64 1,332.50 20,7q Administration costs 6,245.00 6,120.00 125.00 Administration expenses 310.00 200.00 710.00 Other costs 0.00 0.00 0.00 Subtotal: $37,918.08 $33,339.06 _ ($1,420.98) Miscellaneous DM charges-tlistdct-wide $7,326.72 $80825 $577,g7 Installment rounding (4.36) (1.96) (2,qp) DM Charges Changed Accounts 0.00 546.75 (546.75) Reserve Fund credit 0.00 0.00 - 0.00 Special Taz Fund Credit 0.00 0.00 0.00 Subtotal $1,321.76 $1,353.04 ($37.28) Grand Total: $1,177,949.86 $1,118,852.12 ($902.26) Total Accounts: 796 796 0 The Grand Total will he reduced by county collection fees shown above if the county retains such fees from the apportionment of funds. Footnotes: (1) Equal to 39 cents per parcel. .Approval Signature Date Copyright©1999-2008 NBS 7/02/2008 1:11:13PM ITEM N~}. 28 Approvals City Attorney S~~ Director of Finance City Manager TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 22, 2008 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 01-2 (Harveston) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the Board of Directors 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON) BACKGROUND: The Temecula Public Financing Authority (the "Authority') was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On December 11, 2001, the Authority adopted two resolutions of intention relative to a proposed community facilities district (the "District") and, thereafter, approved the necessary actions to issue variable rate special tax bonds on August 28, 2002, in the amount of $17,310,000. Proceeds of the bonds in the amount of $11,025,000 were used to pay the redemption price of the 1998 Winchester Hills bonds and to establish an escrow fund to pay the sinking fund payments. Additional proceeds were used to finance various public improvements specified in the CFD proceedings. On July 11, 2006, the Authority adopted a resolution authorizing the issuance of special tax refunding bonds. These bonds were issued on September 1, 2006 in the amount of $17,545,000 and were used to refund the special variable rate tax bonds issued on August 28, 2002. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District. The special tax levy, as calculated by the City's special tax consultant, required for the 2008-09 fiscal year is $1,356,335.26, which is the sum of CFD 01-2 A & B {as noted in exhibits). This levy of special tax will fund the debt service payments and administrative costs which are detailed in the attached schedule entitled "Preliminary Budget for Fiscal Year 2008-09." FISCAL IMPACT: The calculated special tax levy required for the 2008-09 fiscal year is $1,356,335.26 ATTACHMENTS: Resolution No. TPFA 08- PreliminaryBudget far Fiscal Year 2008109 RESOLUTION NO. TPFA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 01-2 {Harveston} (the "CFD"}, created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act"). Section 2. The Board of Directors has enacted Ordinance No. TPFA 02-01 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 02-03 and Ordinance No. TPFA 02-01, there is to be levied an aggregate special tax of $1,356,335.26 on the taxable parcels located in the CFD for Fiscal Year 2008-09 as set forth on a magnetic tape to be provided by NBS to the Auditor-Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 02-03 and Ordinance No. TPFA 02-01, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required band reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 02-03 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 7. The Auditor-Controller of the County is hereby directed to enter the installment of the special tax far the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 01-2 ~Harvestan)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 22nd day of July, 2008. Michael S. Naggar, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 08- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 22nd day of July, 2008, by the fallowing vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary City of Temecula Community Facilities District No. 01-2 A Preliminary Budget for Fiscal Year 2008/09 Category/Item FY 2008/09 FV 2007/08 Increase / (Decrease) Principal and Interest Principal $325,000.00 $310,000.00 $15,000.00 Interest 753,693.76 766,043.76 (12,350.00) Subtotal: $1,078,693.76 $1,076,043.76 $2,650.00 Admin. Expenses Agency administrative costs $25,000.00 $25,000.00 $0.00 Trustee/Paying Agent costs 3,300.00 3,300.00 ~ 0.00 County collection fees (1) 489.84 370.80 119.04 Arbitrage calculation costs 0.00 0.00 0.00 Continuing disclosure costs 7,352.64 1,332.50 20.14 Administration costs 7,285.00 7,140.00 145.00 Administration expenses 360.00 - 200.00 160.00 Other costs 0.00 0.00 0.00 Subtotal: $37,787.48 $37,343.30 $444.18 Miscellaneous DM Charges-distdct-v4de $894.36 $862.96 $31.40 Installment rounding (5.76) (7.64) 1.88 Reservefor Delinquencies 20,000.00 0.00 20,000.00 Reserve Fund credit 0.00 0.00 0.00 Special Tax Fund Credit -0.00 0.00 0.00 Subtotal: $20,886.60 $855.32 $20,033.28 Grand Total: $1,137,369.84 $1,714,242.38 $23,127.46 Total Accounts: 1,256 1,187 69 The Grand Total will be reduced by county collection fees shown above if the county retains such fees from the apportionment of funds. Footnotes: (1) Equal to $0.39 per parcel. Approval Signature _ Date Copyright ©1999-2008 NBS 7/02/2008. 5:08:44PM City of Temecula Community Facilities District No. 01-2 B Preliminary Budget for. Fiscal Year 2008/09 Category/Item FY 2008/09 FY 2007/08 Increase / (Decrease) Maintenance Park Maintenance (1) $207,985.60 $0.00 $207,985.60 Subtotal: $207,985.60 - $0.00 - $207,965.60 Admin. Expenses Agency administrative costs (2) $9,500.00 $10,046.48 ($546.48) County collection fees (3) 586.17 0.00 566.17 Subtotal: $10,086.17 $1Q046.48 $39.69 Miscellaneous .Other costs $0.00 $206,751.67 ($206,751.67) Installment rounding (0.71) (948.45) 947.74 DM charges-district-wide 878.94 0.00 878.94 DM Charges-Changed Accounts 15.42 0.00 15.42 Manual adjustments 0.00 0.00 0.00 Subtotal: $693.65 $205,803.22 ($204,909.57) Grand Total: $218,965.42 $215,849.70 $3,115.72 2 Total Accounts: 1,503 1,501 The Grand Total will be reduced by county collection fees shown above if the county retains such fees from the apportionment of funds. Footnotes: (1) Ipcludetl under Other Costs in 2007/08 (2) The 2007/08 amount includes County Collection Fees. (3) Equal to $0.39 per parcel. Approval Signature Date Copyright©1999-2008 NBS 7/02/2006 1:53:17PM ITEM N~}. 29 Approvals City Attorney Director of Finance 5~~ City Manager TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 22, 2008 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-6 (Harveston II) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the Board of Directors 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-6 (HARVESTON II) BACKGROUND: The Temecula Public Financing Authority (the "Authority') was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On October 22, 2003, the Authority adopted two resolutions of intention relative to a proposed community facilities district (the "District") and, thereafter, approved the necessary actions to issue special tax bonds on August 26, 2004, in the amount of $4,845,000. The proceeds of the bonds were used to finance various public improvements specified in the CFD proceedings. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District. The special tax levy for fiscal year 2008-09, as calculated by the City's special tax consultant, is $390,514.44. This levy of special tax will fund the debt service payments and administrative costs which are detailed in the attached schedule entitled "Preliminary Budget for Fiscal Year 2008-09." FISCAL IMPACT: The calculated special tax levy required for the 2008-09 fiscal year is $390,514.44. ATTACHMENTS: Resolution No. TPFA 08- PreliminaryBudget far Fiscal Year 2008-09 RESOLUTION NO. TPFA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. d3-6 (HARVESTON II) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-6 {Harveston II) (the "CFD"), created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act"). Section 2. The Board of Directors has enacted Ordinance No. TPFA 03-03 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 03-27 and Ordinance No. TPFA 03-03, there is to be levied an aggregate special tax of $390,514.44 on the taxable parcels located in the CFD for Fiscal Year 2008-09 as set forth on a magnetic tape to be provided by NBS to the Auditor-Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 03-27 and Ordinance No. TPFA 03-03, and is nat in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative casts and incidental expenses of the CFD, as provided in Resolution No. TPFA 03-27 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 7. The Auditor-Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-6 (Harveston II}" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 22nd day of July, 2008. Michael S. Naggar, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 08- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 22nd day of July, 2008, by the fallowing vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary City of Temecula Community Facilities District No. 03-08 Preliminary Budget for Fiscal Year 2008/09 ~Category4tem FY 2008!09 FY 2007/08 Increase / (Decrease) Principal and Interest Principal $90,000.00 $90,000.00 $0.00 Interest 243,322.50 246,157.50 (2,835.00) Subtotal: $333,322.50 $336,157.50 ($2,835.00) Admin. Experrses Agency administrative costs $75,000.00 $15,000.00 $0.00 Trustee/Paying Agent costs 3,700.00 - 3,700.00 0.00 County collection fees (1) 371.67 433.44 (67,77) Arbitrage calculation costs 0.00 0.00 0.00 Confinuing disclosure costs 1,352.64 1,332.50 20.14 Administration costs 5,725.00 5,610.00 115.00 Administraton expenses 280.00 200.00 80.00 Other costs ~ 0.00 0.00 0.00 Subtotal: $26p29.31 $26,275.94 $153.37 Miscellaneous DM charges - distdct-wide $755.58 $46.23 $709.35 Installment rounding (8.37) (5.45) (2.92) DM Charges -Changed Accounts 15.42 0.00. 15.42 Reserve for Delinquencies 30,000.00 0.00 30,000.00 Reserve Fund credit 0.00 0.00 0.00 Special Tax Fund Credit 0.00 0.00 0.00 Subtotal: $30,762.63 $40.78 $30,721.85 Grand Total: $390,574.44 $362,474.22 $28,040.22 Total Accounts: - 953 884 69 The Grand Total will be reduced by county collection fees shown above if the county retain s such fees from the apportionment of funds. Footnotes: (1) Equal to $0.39 per parcel Approval Signature Dale Copyright©1999-2008 NBS 7/02/2008 5:73:79PM ITEM N4. 34 Approvals City Attorney Director of Finance 5~~ City Manager TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 22, 2008 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-2 (Roripaugh Ranch) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the Board of Directors 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-2 (RORIPAUGH RANCH) BACKGROUND: The Temecula Public Financing Authority was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On August 24, 2004, the Authority adopted a resolution of intention relative to a proposed community facilities district (the "District") and, thereafter, took the necessary actions to issue bonds on April 13, 2006, in the amount of $51,250,000. The proceeds of the bonds were used to eliminate a County special assessment lien on the land in the CFD and to finance various public improvements specified in the CFD proceedings. The bonds are special, limited obligations of the Authority, secured solely by the special taxes levied in the District and a letter of credit provided by the Developer. The maximum special tax levy required for fiscal year 2008-09, as calculated by the City's special tax consultant, is $3,573,670.50. This levy of special tax will fund the debt service payments and administrative costs which are detailed in the attached schedule entitled "Preliminary Budget for Fiscal Year 2008-09." FISCAL IMPACT: The calculated maximum special tax levy required for the 2008-09 fiscal year is $3,573,670.50. ATTACHMENTS: Resolution No. TPFA 08- PreliminaryBudget far Fiscal Year 2008-09 RESOLUTION NO. TPFA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. d3-2 (RORIPAUGH RANCH) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-2 {Raripaugh Ranch} {the "CFD"}, created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended {the "Act"}. Section 2. The Board of Directors has enacted Ordinance No. TPFA 05-01 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 05-01 and Ordinance No. TPFA 05-01, there is to be levied an aggregate special tax of $3,573,670.50 on the taxable parcels located in the CFD for Fiscal Year 2008-09 as set forth on a magnetic tape to be provided by NBS to the Auditor-Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 05-1 and Ordinance No. TPFA 05-01, and is nat in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 05-01 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 7. The Auditor-Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-2 {Roripaugh Ranch)" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 22nd day of July, 2008. Michael S. Naggar, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 08- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 22nd day of July, 2008, by the fallowing vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary City of Temecula Community Facilities District No. 03-02 Preliminary Budget for Fiscal Year 2008/09 CategoryAtem FY 2008/09 FY 2007/08 Increase / (Decrease) Principal and Interest Principal $830,000.00 $795,000.00 $35,000.00 Interest ~ 2,671,605.00 2,704,995.00 (33,390.00) Subtotal: $3,501,605.00 $3,499,995.00 $1,610.00 Admin. F~rpenses Agency adminishatlve costs $60,000.00 $30,000.00 $30,000.00 Trustee/Paying Agent costs 1,850.00 2,200.00 (350.00) County collection fees (7) 124.02 187.02 (63.00) Arbitrage calculation costs 0.00 0.00 0.00 Continuing disclosure costs 1,352.64 1,332.50 20.14 Administration costs 8,325.00 8,160.00 165.00 Administration expenses 415.00 250.00 165.00 Other costs 0.00 0.00 0.00 Subtotal: $72,066.66 $42,729.52 $29,937.14 Miscellaneous DM charges -district-wide $0.00 $0.00 $0.00 Installment rounding (1.16) (1.38) 0.22 Reserve far Delinquencies 0.00 0.00 0.00 Reserve Fund credit 0.00 0.00 0.00 Special Tax Fund Credit 0.00 0.00 0.00 Subtotal: ($1.16) ($7.38) $0.22 Grand Total: $3,573,670.50 $3,542,123.74 $37,547.36 Total Accounts: 318 378 0 The Grand Total will be reduced by county collection fees shown above if the county retains such fees from the apportionment of funds. Footnotes: (1) Equal to 39 cents per parcel. Approval Signature Date Copyright©1999-2008 NBS 7/02/2008 12:40:56PM ITEM N~}. 31 Approvals City Attorney S~~ Director of Finance City Manager TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 22, 2008 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-3 (Wolf Creek) PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the Board of Directors 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-3 (WOLF CREEK) BACKGROUND: The Temecula Public Financing Authority (the "Authority') was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On July 22, 2003, the Authority adopted a resolution of intention relative to a proposed community facilities district (the "District) and, thereafter, approved the necessary actions to issue special tax bonds on December 18, 2003, in the amount of $30,990,000. Proceeds of the bonds in the amount of $4,409,530 were used to discharge the assessment liens on property in the District for the County's Assessment District No. 159. Additional proceeds are being used to finance various public improvements specified in the CFD proceedings. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District. The special tax levy, as calculated by the City's special tax consultant, required for the 2008-09 fiscal year is $2,253,107.68. This levy of special tax will fund the debt service payments and administrative costs which are detailed in the attached schedule entitled "Preliminary Budget for Fiscal Year 2008-09." FISCAL IMPACT: The calculated special tax levy required for the 2008-09 fiscal year is $2,253,107.68. ATTACHMENTS: Resolution No. TPFA 08- PreliminaryBudget far Fiscal Year 2008-09 RESOLUTION NO. TPFA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-3 {1tUOLF CREEK) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-3 {Wolf Creek} {the "CFD"), created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act"). Section 2. The Board of Directors has enacted Ordinance No. TPFA 03-02 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD. Section 3. The Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act. Section 4. Pursuant to the provisions of Resolution No. TPFA 03-22 and Ordinance No. TPFA 03-02, there is to be levied an aggregate special tax of $2,253,107.68 on the taxable parcels located in the CFD for Fiscal Year 2008-09 as set forth on a magnetic tape to be provided by NBS to the Auditor-Controller of the County. Section 5. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 03-22 and Ordinance No. TPFA 03-2, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 6. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 03-22 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 7. The Auditor-Controller of the County is hereby directed to enter the installment of the special tax far the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-3 {Wolf Creek}" on the next County assessment roll on which taxes will become due. Section 8. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 9. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 22nd day of July, 2008. Michael S. Naggar, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 08- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 22nd day of July, 2008, by the fallowing vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary City of Temecula Community Facilities District No. 03-03 Preliminary Budget for Fiscal Year 2008/09 Category/Item FY 2008/09 FY 2007/08 Increase / (Decrease) Principal and Interest Principal $560,000.00 $540,000.00 $20,000.00 Interest 1,610,095.00 1,627,915.00 (17,820.00) Subtotal: $2,170,095.00 $2,162,915.00 $2,180.00 Admin. Expenses Agency administrative costs $30,000.00 $30,000.00 0.00 Special Tax B 0.00 0.00 0.00 Trustee/Paying Agent costs 5,300.00 4,700.00 600.00 County Tax Collection Fee (1) 649.74 799.98 (150.24) Arbitrage calcula0ons costs 2,500.00 0.00 ~ 2,500.00 Continuing disclosure costs 1,352.64 1,332.50 20.14 Administration costs 5,725.00 5,610.00 115.00 Administration expenses 285.00 200.00 85.00 Other costs 0.00 0.00 0.00 Subtotal: $45,812.38 $42,642.48 $3,169.90 Miscellaneous Reserve Fund credit $O.OD $0.00 $0.00 Reserve for Delinquencies 35,000.00 0.00 35,000.00 DM charges -district-wide 2,205.06 909.19 ~ 1,295.87 Manual adjustments 0.00 0.00 0.00 Reserve Fund credit 0.00 0.00 ~ 0.00 Special Tax Fund Credit 0.00 - 0.00 0.00 Installmem roundirig (4.76) (5.27) 0.51 Subtotal $37,200.30 $903.92 - $36,296.38 Grand Total: -$2,253,107.68 $2,217,461,40 $47,646.26 Total Accounts: 1,666 1,588 78 The Grand Tot81 will be reduced by county collection fees shown above if the county retai ns such fees from the apportionment of funds. Footnotes: (7) Equal [o $0.39 per parcel Approval Signature Date Copyright©1999-2008 NBS _ 7/02!2008 5:24:50PM PUBLIC HEARING ITEM N~}. 32 Approvals City Attorney Director of Finance 5~~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: July 22, 2008 SUBJECT: Adopt Updated Water Efficient Landscape Design Standards PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council Introduce and read by title only an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.32 OF THE TEMECULA MUNICIPAL CODE TO UPDATE THE WATER EFFICIENT LANDSCAPE DESIGN STANDARDS BACKGROUND: The City first adopted Ordinance No. 94-13 on May 10, 1994, which established water efficient landscape standards for the City and incorporated them into Title 17 of the City of Temecula Municipal Code. Since the original adoption of this Ordinance, the City has grown substantially resulting in an increased demand forwater. Additionally, the water agencies are promoting water conservation in response to severe drought conditions in the western United States, and severe cutbacks of water delivery from the Sacramento Delta. In addition to the above mentioned events, the State is currently amending their Model Water Efficient Landscape Ordinance, and will require Cities to adopt the State's Model Ordinance or an equally effective Ordinance by July 1, 2010. Staff is recommending updating the City's Water Efficient Landscape Design Ordinance in response to the water conservation needs and in anticipation of changes to the State's Model Ordinance. Staff has worked with the City's landscape architect and the water agencies to draft standards that are both consistent with the Riverside County's Water Efficient Landscape Standards and the water agencies goals for water conservation. The City of Temecula's updated Water Efficient Landscape Ordinance promotes water efficient landscaping through the appropriate use of irrigation technology and management, and prescribes reasonable standards, restrictions, and requirements concerning water use in the landscaped areas. The new standards will apply to all discretionary permits and/or approvals for residential, multifamily, commercial, mixed-use, industrial, and public institutional uses, except for grading permits relating to said discretionary permits. The major changes to the Water Efficient Landscape Design Ordinance include: • Weather based irrigation (Smart) controllers are required on all future landscaping • Pervious hardscape required (where feasible) in place of impervious hardscape for residential and commercial landscaping • Drought tolerant plants are required on all future landscaping • Turf is limited to areas of "active use" for commercial and residential landscaping • Three inches of mulch required in all non-turf areas; two inches in areas with groundcover • New or rehabilitated landscaping greater than 5,000 square feet requires a separate landscape water meter for commercial landscaping • Landscaping with separate landscape water meters are subject to an irrigation audit • Non potable water use is required where it is available for commercial landscaping only • Landscape standards previouslyfound in various chapters of the Temecula Municipal Code are now consolidated within Chapter 17.32 -Water Efficient Landscape Design Standards The Planning Commission considered the proposed Ordinance on June 18, 2008. At the Public Hearing, the Commission voted 5-0 to adopt Resolution No. 08-32, recommending that the Council adopt the proposed Ordinance with the following recommended change. The Planning Commission recommended that custom single-family residential homes be required to comply with the new proposed standards. Although staff concurs with the Commission intent, staff has concerns regarding the implementation and processing of landscape plans for custom single family homes. The mechanism for processing plans and far collecting fees for plan review and site inspections is not currently in place. As it is anticipated that the State may be making additional changes to the State Model Ordinance, Planning staff will be coordinating with staff from Community Services and Public Works to ensure that all Departments that deal with landscaping in the City are consistent with the direction that the State is heading. Staff anticipates bringing back a recommendation far further changes to this Water Efficient Landscape Ordinance in the next six months to include requirements far custom homes and to ensure consistency between all Departments with respect to the Water Efficient Landscape Ordinance. FISCAL IMPACT: Commercial landscape areas greater than 5,000 square feet will be subject to an irrigation audit at least every five years. Enforcement activities will be coordinated with the water agencies to determine if water use exceeds the approved water budgetfor the landscaped area. Visible deterioration of landscaping will be enforced by the City in the same manner in which it is currentlyenforced. The fiscal impact associated with enforcement of irrigation audits is not known at this time. During the first year of implementation, staff will develop a tracking system for landscape irrigation audit activities to determine if cost recovery fees are necessary. ATTACHMENTS: Draft Water Efficient Landscape Design Ordinance Planning Commission Memorandum Planning Commission Staff Report Letter of support from Rancho Water District ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.32 OF THE TEMECULA MUNICIPAL CODE TO UPDATE THE 1NATER EFFICIENT LANDSCAPE DESIGN STANDARDS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Planning Commission of the City of Temecula held a duly noticed public hearing on June 18, 2008 to consider the proposed changes to the Temecula Municipal Code, at which time the City staff and interested persons had an opportunity to, and did testify either in support ar opposition to this matter. B. Fallowing consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 08-32, recommending that the City Council approve an amendment to Chapter 17.32 of the Temecula Municipal Code to update the Water Efficient Landscape Design standards. Section 2. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Chapter 17.32 of the Temecula Municipal Code: A. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA"} pursuant to Title 14 of the California Cade of Regulations, Section 15308, Class 8, Actions by a Regulatory Agencies for Protection of the Environment. The proposed Code amendment improves the conservation of water resources by establishing more stringent drought tolerant and irrigation landscape standards. Section 3. Chapter 17.32 (VlJater Efficient Landscape Design} of Title 17 (Zoning) is hereby repealed in its entirety. Section 4. Anew Chapter 17.32 entitled Water Efficient Landscape Design is hereby added to Title 17 {Zoning} of the Temecula Municipal Code to read as follows: "1NATER EFFICIENT LANDSCAPE DESIGN SECTIONS: 17.32.010 Purpose. 17.32.020 Definitions. 17.32.030 Applicability. 17.32.040 General provisions. 17.32.050 Procedures. 17.32.060 General landscape requirements. 17.32.070 Irrigation system design requirement. 17.32.080 Residential requirements. 17.32.090 Commercial, office, industrial, public institutional requirements. 17.32.100 Open spacelrecreationlconservation zoning district requirements. 17.32.110 Maintenance requirements. Appendix A -Water Budget Formula Appendix B -City of Temecula Plant List 17.32.010 PURPOSE. The following Water Efficient Landscape Standards are designed to assist landscape architects, irrigation designers, contractors, planners and the public in the selection of plant materials and irrigation methods that result in more water efficient and water conscious landscaping throughout the City. The purpose of this chapter is: A. To promote high quality, water efficient landscaping, water use management and water conservation through the use of water efficient landscaping, wise use of turf areas and appropriate use of irrigation technology and management; B. To reduce landscape water demands without sacrificing landscape quality or quantity; C. To retain flexibility and encourage creativity through appropriate design; D. To assure the attainment of water efficient landscape goals by requiring that landscape not exceed a maximum water demand of 80 percent of its reference evapotranspiration {ETo} or any lower percentage as may be required by State legislation; E. To eliminate water waste from overspray and/or runoff; and F. To promote water conservation through public awareness. 17.32.020 DEFINITIONS. "Allowable percentage" means allowable percentage for determining the maximum allowable water budget is 0.8. This represents a factor including consideration of an average landscape coefficient and irrigation efficiency. "Applied water" means the portion of water supplied by the irrigation system to the landscape. "Active recreational use" means areas of active play or recreation such as sport fields, school yards, picnic grounds, or other areas of intense foot traffic that provide public benefit. "Amendment" means additions to the soil, such as compost, leaf mold, peat mass, or ground bark, which improves aeration and drainage of clay soils and helps hold water in sandy soils. "Application rate" means the depth of water applied to a given area in one hour, usually measured in inches per hour. "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. "Check valve" or "anti-drain valve" means a valve located under a sprinkler head to hold water in the system to prevent drainage from sprinkler heads when the system is off. "Distribution uniformity" means a measure of how evenly water is applied over an area "Emitter" means drip irrigation emission device that delivers water slowly from the system to the plant measured as gallons per hour. "Established landscape" means the paint at which plants in the landscape have developed significant root growth into the site. Typically, mast plants are established after one or two years of growth. "Establishment period" means, for purposes of this chapter, the first year after installing the plants in the landscape. The actual establishment period varies depending upon the plant species, the development of the plant's root system, soil conditions, and other environmental factors. "Estimate applied water use" means the portion of the Estimated Total Water Use that is derived from applied water. "Estimated total water use" means the annual total amount of water estimated to be needed to keep the plants in the landscaped area healthy. It is based upon such factors as the local evapotranspiration rate, the size of the landscaped area, the types of plants, and the efficiency of the irrigation system. "ET adjustment factor" means a factor of 0.8 that, when applied to reference evapotranspiration, it adjusts for plant factors and irrigation efficiency. "Evapotranspiration" means the quantity of water evaporated from adjacent soil and other surfaces, and transpired by plants during a specific time. "Flow rate" means the rate at which water flows through pipe fittings, valves, and emission devices. "Hardscape" means any durable surface material (pervious and nonpervious}. "Hydrozone" means a portion of the landscape area having plants with similar water needs that are served by a valve or set of valves with the same irrigation schedule. A hydrozone may also be nonirrigated, for example, a naturalized area. "Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. "Landscape coefficient" means the functional equivalent of a crop coefficient in agriculture. When multiplied times ETo, it estimates the amount of water required to maintain landscape plants in good condition. "Landscaped area" means the entire parcel less the building pad, driveways, and nonirrigated portions of parking lots, hardscapes -such as decks and patios, and other pervious or nonperviaus areas. "Landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules. "Land use entitlement" means any legislative, discretionary or quasi-judicial review that requires City approval. "Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the main line. "Low volume irrigation" means any irrigation system with a flow rate equal to or less than 0.75 inches per hour, including drip irrigation, subsurface drip, micro-sprinklers and similar irrigation type. "Main line" means the pressurized pipeline that delivers water from the water source to the lateral lines. Mature landscape. See "Established landscape." "Maximum allowable water budget" means far design purposes, the upper limit of annual water use for the established landscaped area. It is based upon the area's evapotranspiration, the ET Adjustment Factor, and the size of the landscaped area. "Micraclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to wind, sun exposure, plant density, proximity to reflective surfaces, etc. "Moisture-sensing device" means a device that measures the amount of moisture in the soil. "Mulch" means any organic material such as leaves, bark or straw left loose and applied to the soil surface to reduce evaporation and suppressing weeds. "Operating pressure" means the pressure at which an irrigation system is designed by the manufacture to operate (static pressure minus pressure losses). This is usually indicated at the base or nozzle of a sprinkler. "~verspray" means when sprinklers deliver water beyond the landscaped area, wetting pavements, walks, structures, or other nonlandscaped areas. "Plant factor" means a factor that, in combination with irrigation efficiency, when multiplied by reference evapotranspiration, estimates the amount of water used by plants. "Percolation" means the movement of water through the soil. "Potable water" means water which is meant for human consumption. "Precipitation rate" means the rate at which water is applied, usually expressed in inches per hour. "Pressure compensation bubbler" means an irrigation emitter useful for watering trees and shrubs with water basins; produces a reduced flow of water that bubbles on the soil. "Quick coupling system" means a sprinkler system which uses permanently installed valves and sprinklers that can be moved from valve to valve. "Rain sensor" means a component of the irrigation system that automatically suspends the irrigation schedule when it rains. "Reclaimed water," "recycled water," or "treated sewage effluent" means treated or recycled water of a quality suitable for nonpotable uses such as landscape irrigation and water features; not intended for human consumption. "Reference evapotranspiration {ETo)" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month, or year and is an estimate of the evapotranspiration of a large field of four- to seven- inch tall, cool season turf that is well watered. Reference evapotranspiration is used as the basis of determining the maximum allowable water budget so that regional differences in climate can be accommodated. "Rehabilitated landscape" means a significant replacement of established landscaping and/or irrigation with a new landscaping and irrigation. Far purposes of this chapter, "significant" is defined as any replacement exceeding fifty percent of a landscaped area and is at the discretion of the director of planning. Rehabilitated landscapes shall be consistent with the provisions of Chapter 17.32 of the Municipal Code. "Runoff' means water which is not absorbed by the soil or landscape to which it is applied. Runoff occurs when water is applied at too great a rate or when there is a slope. "Smart irrigation controller" means a type of irrigation controller which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions. "Soil texture" means the classification of soil based on its percentage of sand, silt and clay. "Sprinkler head" means a device which discharges water through a nozzle. "Static water pressure" means the pipeline ar municipal water supply pressure when water is not flowing. "Station" means an area served by one valve or set of valves that operate simultaneously. "Turf' means a groundcover of cool- orwarm-season grass that is mowed. "Valve" means a device used to control the flow of water in the irrigation system. 17.32.030 APPLICABILITY. A. Except as provided in subsection B of this section, requirements of this chapter shall apply to: 1. All discretionary permits and/or approvals far residential, multifamily, commercial, mixed-use, industrial, and public institutional uses, except for grading permits relating to said uses; 2. All commercial rehabilitated development projects including those by public agencies; 3. Developer-installed, common area landscaping for single-family and multi- family residential development projects; 4. In the event Covenants, Conditions and Restrictions are required by the City for any permit subject to this Ordinance, a condition shall be incorporated into any project approval prohibiting the use of water intensive landscaping and requiring the use of law water use landscaping pursuant to the provisions of this Ordinance in conjunction with common area/open space landscaping. Additionally, such a condition shall also require the Covenants, Conditions and Restrictions to incorporate provisions concerning landscape irrigation system management and maintenance. This Ordinance shall not be construed as requiring landscaping on common areas or open space that is intended to remain natural. B. This chapter shall not apply to: 1. Individual single family dwellings or areas remaining in undisturbed natural vegetation where no irrigation is proposed; 2. Cemeteries; 3. Registered federal, state, and/or local historical sites and/or structures; 4. Ecological restoration projects that do not require a permanent irrigation system; 5. Landscape projects that existed prior to the effective date of the ordinance codified in this chapter, unless such landscaping is rehabilitated; 6. Final landscape plans which have been approved prior to the effective date of the ordinance codified in this chapter, unless such landscaping is subsequently rehabilitated; 7. Landscape projects with conditions which, in the determination of the director of planning, would reasonably or necessarily be exempt. 17.32.040 GENERAL PROVISIONS. A. All landscape plan approvals are subject to and dependent upon the applicant complying with all applicable City Ordinances, codes, regulations and adopted policies. B. Should any provision of this chapter conflict with any other provisions already established by the City, the more water efficient provision shall apply. C. If the water purveyor for a proposed project has adapted more restrictive water efficient landscaping requirements, all landscaping and irrigation plans submitted shall comply with the water purveyor's requirements. Said plans shall be accompanied by a written document from the water purveyor delineating the more restrictive requirements. D. Landscape design shall facilitate the implementation of landscape maintenance practices which foster long-term water conservation. Said practices may include, but not be limited to, scheduling irrigation based on established industry standards, conducting water audits and establishing a water budget to limit the amount of water applied per landscape acre. E. Landscaping for fuel modification zones shall be subject to standards required by the City's Fire Department. F. Landscaping adjacent to the Western Riverside County Multi-Species Habitat Conservation Plan {MSHCP} conservation areas shall avoid invasive species as listed in the MSHCP. 17.32.450 PROCEDURES. A. The landscape plan package shall include: construction landscape plans, irrigation plans, agronomic soils report, water budget, irrigation schedule, and maintenance schedule. B. Soil tests are required on all projects for appropriate specifications of soil amendments, and to facilitate selection of water efficient plant species suitable for the site. Soil amendments such as compost shall be provided to improve water holding capacity of soil, where soil conditions warrant. C. The construction cost estimate is required with all construction landscape plans. D. Landscape maintenance schedule is required with all landscape plans as identified in Section 17.32.110. E. The submittal, review, revision and approval of all required landscape and irrigation plans shall be in compliance with already established City procedures for land use entitlements. The requirements of this chapter shall be submitted jointly along with the required applications, plans and fees required for land use entitlement as required by the Director of Planning and on file in the Planning Department. F. Landscaping plans shall be prepared using the Water Budget Formula described in the Appendix A. In addition, landscaping plans shall provide a water budget which includes estimated annual water use {in hundred cubic feet per year {ccf/yr)} and the area {in square feet} to be irrigated; and precipitation rates for each valve circuit. The Planning Director or designee shall approve all landscaping plans. G. Prior to the issuance of a building permit for a project, subject to this Ordinance, or as otherwise specified in the conditions of approval for a project, planting and irrigation plans prepared for the project shall be submitted for review and approval by the Planning Director. H. Prior to the issuance of a certificate of use and occupancy, an applicant shall submit a letter of substantial conformance, subject to field verification by the planning director or his ar her designee. Said letter of substantial conformance shall be prepared by the project designer and shall indicate that all plant materials and irrigation system components have been installed in accordance with the approved final landscape and irrigation plans. If a certificate of use and occupancy is not required for the project, such letter of substantial conformance shall be submitted prior to scheduling for the final inspection. The letter of substantial conformance shall be signed and certified by a licensed landscape architect and shall indicate that: 1. The landscaping has been installed in conformance with the approved planting and irrigation plans; 2. The smart irrigation controller has been set according to the irrigation schedule; 3. The irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff; and 4. A copy of the irrigation and maintenance schedule has been given to the property owner. 17.32.060 GENERAL LANDSCAPE DESIGN REQUIREMENTS. The design and installation of all proposed landscape improvements subject to this section shall comply with the following provisions: A. All landscaping plans shall comply with the City of Temecula Citywide Design Guidelines. B. All landscaped areas shall be irrigated with an automatic irrigation system as required in this Chapter. C. Water Quality Management Plan Best Management Practices {if applicable} that affect the landscaping shall be identified on the detailed construction landscape plans. D. Landscape design shall provide for the functional aspects of landscaping such as grading, drainage, minimal runoff, erosion prevention, wind barriers, provisions for shade and reduction of glare, and outdoor activities. E. Landscape design shall provide for the retention of existing mature landscaping that is in good, healthful condition, by incorporating such landscaping into the landscape plan. The protection, preservation and enhancement of native species and natural areas are required where feasible. F. The landscaping plan shall incorporate trees, shrubs and ground covers that have low crop coefficiency categories of 0.1 and 0.2 or medium crop coefficiency categories of 0.5 and 0.8. The City of Temecula Plant List indicating the crop coefficient is contained in Appendix B. The list of approved plants and materials is intended to assist designers in obtaining the plant coefficient of many plant materials. If plants not included in the list are used, the designer shall submit plant coefficient numbers with backup information for use of the City in reviewing the plans. G. Landscape design shall provide for the grouping of plants in regard to their water, soil, sun and shade requirements and in relationship to the buildings, so as to facilitate appropriate and efficient water applications. Plants with different water needs shall be irrigated separately. H. Protective tree grates shall be provided for trees planted in pedestrian areas I. Root barriers shall be placed where trees are planted within five feet of any hardscape element or building. J. Turf shall be limited to only those areas designated for active recreational use. K. Turf shall not be planted in areas that are less than eight feet in width. L. Turf is not permitted an bermed areas due to the problem of water runoff. M. A shallow swale shall be designed at the toe of all berms which are adjacent to sidewalks or other impervious/impervious hardscape surfaces to "catch" any runoff. This will help prevent weathering of pavement. If overhead spray irrigation is used for bermed areas, sprinkler heads shall be placed at the toe of the berm, so as to water from the bottom up. N. A minimum three-inch layer of mulching shall be installed and maintained over all non-turf areas. In areas with groundcover planted from flats, the mulch depth shall be no less than one and one-half inches. The mulching should be in the form of shredded bark, bark chips of varying sizes, or other similar materials. The size and type of mulch used should allow for moisture to pass through the surface, thus providing permeability and reduced erasion, particularly on slopes. Nonporous material shall not be placed under mulch. O. If the area proposed for development is improved and is not scheduled for development within six months of the completion of the previous phase, it shall be temporarily landscaped and irrigated for dust and soil erosion control, and shall not be counted toward meeting the landscaped area requirements of the zoning district. P. Enhanced hardscape features that include public art, sculpture and/or water features may be counted as part of the required landscaping as long as they are designed and integrated in a manner that accentuates the landscaping. Q. Permeable surfaces shall be used wherever permissible in place of impervious paving, to encourage on-site water infiltration and support water conservation measures. Permeable surfaces shall be identified on plans. 17.32.070 IRRIGATION SYSTEM DESIGN REQUIREMENTS All irrigation systems shall be designed, constructed, managed, and maintained to achieve the highest overall efficiency possible. Efficiency is measured by the amount of water beneficially used to sustain plant life divided by the amount of water applied. Efficiency is affected by the attributes of the controller, method of irrigation, irrigation equipment, proper hydrozoning, site topography, condition and size of plants, and weather conditions. The design and installation of all irrigation improvements shall be in compliance with the following provisions: A. The irrigation plan shall incorporate appropriate irrigation equipment, drip irrigation, bubbler, spray head, and/or rotor irrigation heads in order to provide the most efficient water application. B. The irrigation plan shall be prepared at the same scale as the construction landscape plan and, at a minimum, shall identify the following: 1. Location and size of service lateral(s); 2. Location and size of water meters}; 3. Point of connection (P(.~C) location and static pressure at Pt~C. Each point of connection shall indicate the size of the water meter, the static pressure available, and the maximum flow of the irrigation system; 4. Manufacturer's name, model number, total flow rate (gallons per minute}, designed operating pressure {psi}, and precipitation rate for each overhead spray and bubbler circuit, and total flow rate {gallons per hour) and design operating pressure {psi) for each drip and low volume irrigation circuit; 5. Location, size, and type of all irrigation components including, but not limited to smart controller, central controller, master valve, flow sensor, backflow prevention device, ball valves, anti-drain check valves, pressure supply (main} line, lateral lines, pipe sizing, valves, spray heads, rotors, drip, low volume irrigation equipment, gallons per minute, pressure regulators, and pumps; 6. Hydraulic calculation worksheet including flow rate {gallons per minute}, design operating pressure, and pressure loss for valve with "worse condition;" 7. Precipitation rate (inches per hour) far each spray type circuit; 8. Irrigation legend to include all irrigation equipment used on the project; 9. Location of each hydrozone; 10. Topographic elevation lines to determine slope; 11. Proximity to existing or planned recycled/non potable water lines; 12. Irrigation system details for assembly and installation; 13. Calculation far the project's landscape Water Budget Formula {see Appendix A). C. Separate landscape water meters shall be installed far non single-family residential landscaping with a landscaped area greater than 5,000 square feet. D. All landscaped areas must be serviced by a "smart irrigation controller" which automatically adjusts to the frequency and/or duration of irrigation events in response to changing weather conditions. Smart irrigation controllers shall have the following attributes: 1. Real-time, weather based program adjustment capability; 2. Project must have an on-site weather station or external ETo input; 3. Rain sensors shall be placed within an unobstructed natural rainfall area and shall be located above the irrigation spray pattern; 4. Master valve (or simultaneous operations} for landscaped areas greater than 12,000 square feet; 5. Flow sensor; 6. Multiple start times; 7. Multiple programs. E. Residential front yard typical Irrigation plans must demonstrate that sufficient capacity exists on the specified irrigation controller to supply adequate additional zones for future side and backyard landscaping. More than one controller per residential unit shall be avoided. F. With the exception of single-family residential units, all irrigation plans shall be designed for use of non potable water in all areas scheduled for non potable water in the future. Provisions for the conversion to a nonpotable water system shall be provided within the landscape plan should there be the passibility far future nonpotable water availability. Water systems designed to utilize nonpotable water shall be designed to meet all applicable standards of the City of Temecula, the California Regional Water Quality Control Board, State Department of Health Services, the Riverside County Health Department and the local reclaimed water purveyor. G. Non single-family residential landscaping greater than one acre in size shall include a central controller programmed to distinguish irregular flows (e.g. broken valve, line, spray head, etc.}. The central controller shall temporarily shut off the affected branch or the entire system, and send an immediate electronic message to the maintenance entity. H. Separate valves shall be provided for separate water use planting areas, so that plants with similar water needs are irrigated by the same irrigation valve. Drip irrigation techniques or similar high-efficiency irrigation type shall be provided where appropriate (i.e., shrubs, massing in-mulched areas} in instances where spray irrigation is not necessary. I. Irrigation systems shall be zoned according to plant water use, slope aspect, and sun/shade microclimate. If low water use plants {that can also survive/flourish with medium water application) are used within a medium water use hydrozone, they must be counted as medium water use in the irrigation calculations. J. The use of head check valves shall be included in irrigation systems as applicable. K. Pressure regulation shall be incorporated into all irrigation systems to prevent excessive pressure at sprinkler heads. L. Low head drainage is not permitted. M. All irrigation products specified shall achieve an irrigation operational distribution uniformity of 80 percent or greater in all turf areas and 70 percent in all other landscaped areas. N. Bermed areas should be irrigated with drip line irrigation. If spray irrigation is necessary for bermed areas, then sprinkler heads shall be placed at the toe of the berm. O. Overhead spray systems shall not be used in landscape areas narrower than eight feet in width. P. Rotors and spray heads shall be designed and installed with minimized overspray onto paved surfaces, structures, and non-vegetated areas. The design shall be head-to-head coverage with matched precipitation heads. Rotors and spray heads shall be zoned separately. Half rotors and full rotors shall be zoned separately unless matched precipitation nozzles are used. Q. High efficiency irrigation methods {e.g. drip, MP rotators, and microsprays} are required for appropriate applications. R. Point-to point drip systems shall utilize Schedule 40 PVC lateral lines. The lateral lines shall either be placed an-grade and secured with pipe anchors at a minimum 10 feet on center, or buried one foot below grade. S. For drip line installations, in-line pressure regulators shall be used per factory recommendations for the specific irrigation products being used. If drip line is being installed, it must be filtered at the valve along with any other necessary equipment. T. The delivery tubing for point-to-point irrigation systems shall be no longer than three feet and attached to grade at minimum two foot intervals. U. Emitter line drip systems shall have the lines placed na more than 18 inches apart. The emitter lines adjacent to curbs or walks shall be placed at a maximum of nine inches from the curb or walk. Emitter lines shall be attached to grade at a minimum of five feet on-center. All plants shall be planted between two emitter lines. V. The finish grade for all on-grade drip systems shall be a minimum of three inches below adjacent curbs or walks. All drip systems shall receive a minimum of three inches of medium grind bark. W. All drip systems shall utilize the mature canopy size of the plant in determining the number of emitters to be placed at each plant. A schedule showing the varying amount of emitters shall be placed on the plans. The run-times shall be shown in the irrigation schedules. X. The maximum square feet of any drip valve shall be 2,500 square feet. Y. A drip system shall extend no more than any two sides of any building (north/east, and south/west, by exposure}. Z. All drip systems shall have abrass/bronze line-sized basket strainer placed at the point of connection. AA. Systems shall be scheduled so that the irrigation precipitation rate does not exceed the infiltration rate of the soil. BB. A baseline irrigation schedule shall be provided on the plans for the six-month initial plant establishment period. The contractor shall adjust the schedule to meet site specific requirements and use the baseline schedule to set the weatherbased controller. The schedule currently in effect shall be posted in the controller. CC. A second baseline irrigation schedule shall be provided on the plans which incorporate the specific water needs of the plants throughout the post-establishment calendar year. The contractor shall adjust the schedule to meet site specific requirements and use the baseline schedule to set the weatherbased controller. The schedule currently in effect shall be posted in the controller. DD. The irrigation schedules shall include the recommended irrigation days per week, number of cycles per day, minutes of run times per cycle, and estimated amount of applied irrigation water, expressed in gallons per month and gallons per year. EE. The controller shall be operational and set to real-time weather prior to the completion of the 90-day maintenance period of the installing contractor. FF. After establishment of the plant materials, the irrigation of landscaped areas shall be limited to the hours between dusk and early morning in order to provide maximum benefit to the plant material and to reduce unnecessary water loss through wind drift and evaporation. Drip irrigation systems are exempt from this provision. 17.32.080 RESIDENTIAL REQUIREMENTS A. Single-Family Residential Requirements. 1. The planting plans shall incorporate the use of compatible species of drought-tolerant/water-efficient plants to reduce water demand. A variety of plantings and hardscape should be selected and provided appropriately for their intended use. Special attention shall be given to selecting appropriate trees and plants that, at their maturity, will be in scale with the house and yard. Landscaping shall consist of plants found in the City of Temecula Plant List as identified in Appendix B. 2. Landscape designs shall consider such factors as the function of the landscape elements, consistency with the building and its architectural design, compatibility to the area, special design features, berming, use of hardscape or nonorganic materials, and drought-tolerant plant materials for water conservation. 3. Existing mature trees and shrubs that represent the existing significant landscaping elements shall be preserved. 4. Street trees shall be planted along all streets in residential areas. On any street, at least one street tree shall be provided at the front of each residential lot. In the street side yard, slope, and similar areas, at least one street tree per 45 linear feet of street shall also be provided. 5. Front yard landscaping shall be provided in all residential zoning districts. In addition to the street tree requirement, front yard landscaping shall include, at a minimum, one 15-gallon size tree per lot, one 5-gallon size tree per lot, and a variety of drought tolerant shrubs and ground-cover. Shrubs shall be a minimum five gallons at the time of planting. Turf areas shall be used sparingly in response to functional needs only and shall be in compliance with the Water Budget Formula {Appendix A}. 6. Slope banks five feet or greater in vertical height with slopes between 5:1 and 2:1 shall, at a minimum, be irrigated and landscaped with a combination of appropriate shrubs, vegetative ground cover, and mulch that will absorb rainwater and reduce runoff for erosion control. If drip irrigation is used on slopes, a fertilizer injector system shall also be used. a. Slope banks five feet or greater in vertical height with slopes greater than or equal to 3:1 shall, at a minimum, be landscaped to soften their appearance as follows: i. One 15-gallon or larger tree per each 600 square feet of slope area; ii. One gallon or larger shrub for each 100 square feet of slope area; and iii. Appropriate vegetative ground cover or mulch. iv. In addition to the above requirements, slope banks in excess of eight feet in vertical height with slopes greater or equal to 2:1 shall also provide one 5-gallon or larger tree per each 1,000 square feet of slope area. 7. All trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. 8. Trees and shrubs shall be planted in a manner that at maturity they do not interfere with utility lines, sight lines for traffic safety, encroach on adjacent property, or create barriers to the solar access rights of adjoining property owners. 9. The project applicant shall provide home buyers with educational information regarding the design, installation and maintenance of water efficient landscape and irrigation landscapes as approved by the Director of Planning or water purveyor, upon the sale of each dwelling unit within the project. The plans shall include a key identifying the common names of the plants used in the landscaping. B. Residential Model Homes Requirements. 1. All model homes in residential subdivisions shall comply with provisions of this chapter. 2. The project applicant shall distribute outdoor water conservation pamphlets provided by local water purveyors, if available, to buyers upon the sale of each dwelling unit within the development. 3. A sign shall be displayed in the front yard of each model home which is clearly visible to home buyers. The sign shall indicate that the model home features water efficient landscape, hydrozones, and irrigation equipment which contributes to overall water efficiency. C. Multi-Family Residential Requirements 1. The planting plans shall incorporate the use of compatible species of drought-tolerant/water efficient plants to reduce water demand. A variety of plantings and hardscape should be selected and provided appropriately for their intended use. Special attention shall be given to selecting appropriate trees and plants that, at their maturity, will be in scale with the house and yard. Landscaping shall consist of plants found in the City of Temecula Plant List (Appendix B}. 2. Landscape designs shall consider such factors as the function of the landscape elements, consistency with the building and its architectural design, compatibility to the area, special design features, berming, use of hardscape or nonorganic materials, and drought-tolerant plant materials far water conservation. 3. To the extent feasible, existing mature trees and shrubs that represent the existing significant landscaping elements shall be preserved. 4. Parking areas shall comply with the standards as set forth by Chapter 17.24 of the Development Code. 5. All setback areas shall be landscaped, including interior courts, open space areas, and boundary areas that are not covered with buildings, pavement, or other hardscape surface. 6. Turf areas shall be used for functional needs only and shall be in compliance with the Water Budget Formula {Appendix A}. 17.32.090 CUMMERCIAL1t~FFICEIINDUSTRIAUPUBLIC INSTITUTIONAL REQUIREMENTS A. The planting plans shall incorporate the use of drought-tolerant/water efficient plants to reduce water demand. A variety of plantings and hardscape should be selected and provided appropriately for their intended use. Special attention shall be given to selecting appropriate trees and plants that, at their maturity, will be in scale with the house and yard. Landscaping shall consist of plants found in the City of Temecula Plant List as identified in Appendix B. B. Landscape designs shall consider such factors as the function of the landscape elements, consistency with the building and its architectural design, compatibility to the area, special design features, berming, use of hardscape or nonorganic materials, and drought-tolerant plant materials for water conservation. C. To the extent feasible, existing mature trees and shrubs that represent the existing significant landscaping elements shall be preserved. D. All development projects shall also comply with the City of Temecula Citywide Design Guidelines. E. Street trees shall be planted at a minimum of one tree per 30 linear feet of street frontage. Trees shall be a minimum 15-gallon size at the time of planting. Shrubs shall be a minimum of five gallons at the time of planting. F. Setback areas that are not used far vehicular and pedestrian access shall be landscaped. In addition, all interior courts open space areas and boundary areas that are not covered with buildings, pavement, or other hardscape surface shall be landscaped. G. Landscape designs shall consider such factors as the function of the landscape elements, consistency with the building and its architectural design, compatibility to the area, special design features, berming, use of hardscape or nonorganic materials, drought-tolerant plant materials for water conservation, and utilize planting {i.e., combination of shrubs, trees and climbing vines) to break up large building masses and perimeter walls and fencing. H. The use or combination of berming, landscape materials, low level walls and structures, shall be used to screen parking areas, loading areas, trash enclosures, and utilities from public view. I. Parking areas shall comply with the standards as set forth by Chapter 17.24 of the Temecula Municipal Code. J. Slope banks five feet or greater in vertical height with slopes between 5:1 and 2:1 shall, at a minimum, be irrigated and landscaped with a combination of appropriate shrubs, vegetative ground cover, and mulch that will absorb rainwater and reduce runoff for erosion control. All trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. If drip irrigation is used on slopes, a fertilizer injector system shall also be used. 1. Slope banks five feet or greater in vertical height with slopes greater than or equal to 3:1 shall, at a minimum, be irrigated and landscaped with a combination of appropriate shrubs, vegetative ground cover, and/ar mulch that will absorb rainwater and reduce runoff for erosion control, and to soften their appearance as follows: a. One 15-gallon or larger tree per each 600 square feet of slope area; b. One gallon or larger shrub for each 100 square feet of slope area; and c. Appropriate vegetative ground cover or mulch that will absorb rainwater and reduce runoff. 2. In addition to the requirements above, slope banks in excess of ten feet in vertical height with slopes greater or equal to 2:1 shall also provide on five-gallon or larger tree per each 1,000 square feet of slope area. K. Where trees are planted in pedestrian areas, a protective tree grate shall be provided. L. Trees and shrubs shall be planted so that they do not interfere with utilities, light standards, sight lines for traffic safety, encroach on adjacent property, or obstruct to the solar access rights of adjoining property owners. 17.32.100 OPEN SPACEIRECREATIONICONSERVATION ZONING DISTRICTS REQUIREMENTS A. A minimum of 80 percent of the net lot area shall be open space and unencumbered with buildings. Open space may include walkways and recreation areas. B. A minimum of 50 percent of the net lot area shall be covered with adrought- tolerant landscaping. C. A minimum of one drought tolerant shade tree shall be provided for every 1,000 square feet of net area. D. Turf areas shall be used for functional needs only and shall be in compliance with the Water Budget Formula {Appendix A}. E. Any remaining areas which are not otherwise landscaped or surfaced for a specific recreational activity shall be covered with drought-resistant vegetation, decorative hardscape. F. Pervious hardscape shall be used where feasible. G. Vehicular access ways shall be paved. 17.32.110 MAINTENANCE REQUIREMENTS A. Landscapes shall be maintained to ensure water efficiency. Landscape maintenance shall include, but not be limited to, checking, adjusting and repairing irrigation equipment, resetting irrigation controllers, aerating and dethatching turf areas, replenishing mulch, fertilizing, pruning, weeding, clearing of debris, monitoring for pests and disease, the removal and timely replacement of dead plants, and repair and timely replacement integrated architectural features. B. A 90-day maintenance period is required of the installing contractor immediately following approval of the final landscape inspection. C. An annual landscape maintenance schedule shall be prepared and provided to the property owner. The maintenance schedule shall identify plant types (turf, shrubs, groundcover, trees, etc.}, mulch andJor inorganic ground cover, and shall indicate the frequency of pruning and fertilizer applications by plant type and the replenishment of mulch. D. Repair of irrigation equipment shall be done with originally specified materials or their equivalent. E. Landscape areas with separate landscape water meters shall be subject to a landscape audit. The landscape audit shall include inspection of plant materials and irrigation systems in accordance with the State of California Landscape Water Management Program as described in the Landscape Irrigation Auditors Handbook, the entire document, which is hereby incorporated by reference. F. Landscape audits will be coordinated with the water purveyor and shall be conducted every five years by a certified Landscape Irrigation Auditor, or as requested by the Planning Director." Section 5. Section 17.06.060 (Landscape Standards} of Chapter 17.06 (Residential Districts} is hereby repealed in its entirety. Section 6. Anew Section 17.06.060 entitled Landscape Standards is hereby added to Chapter 17.06 of Title 17 {Zoning} of the Temecula Municipal Code to read as follows: "17.06.060 LANDSCAPE STANDARDS. A. Development plans for projects within the residential zoning districts shall include landscape and irrigation plans. All landscape areas shall be consistent with the city's adopted Water Efficient Landscape Design Ordinance as established in Chapter 17.32 of the Temecula Municipal Code." Section 7. Section 17.08.060 {Landscape Requirements and Standards) of Chapter 17.08 {Commercial/Office/Industrial Districts} is hereby repealed in its entirety. Section 8. Anew Section 17.08.060 entitled Landscape Requirements and Standards is hereby added to Chapter 17.08 of Title 17 {Zoning} of the Temecula Municipal Code to read as follows: "17.08.060 LANDSCAPE REQUIREMENTS AND STANDARDS. A. Development plans far projects within commercial, office, business park, and industrial zoning districts shall include landscape and irrigation plans. All landscape areas shall be consistent with the City's adopted Water Efficient Landscape Design Ordinance as established in Chapter 17.32 of the Temecula Municipal Code." Section 9. Amend Section 17.10.020 as follows: A. Add "system consistent with the City's adopted Water Efficient Landscape Design Ordinance." to the end of paragraph 17.10.020.D.1.a. B. Amend Subsection 17.10.020.D.1.b. to read as follows: "b. Street frontages. All portions of the property which have street frontage shall meet one of the fallowing criteria: i. A minimum of 12 of landscaping shall be provided, measured from the rear of the sidewalk to the display area length and shall be surrounded by drought tolerant low growing shrubs and groundcaver; or ii. A minimum of 20 of landscaping shall be provided, measured from the rear of the sidewalk to the display area, with display area allowed to encroach into eight feet of the landscape area. (A) Display areas shall be of pervious hardscape, a maximum of 20 feet in length and shall be surrounded by drought tolerant low growing shrubs and groundcover. (B) The number of display areas allowed shall be calculated in the following manner: three display spaces per 100 linear feet of street frontage. Fractional spaces {0.5 and over) shall be rounded up. (C) No display area shall be located immediately adjacent to another display area. Landscaping shall be provided between display areas." Section 10. Section 17.12.060 {Landscape Requirements and Standards) of Chapter 17.12 {Publicllnstitutional Districts} is hereby repealed in its entirety. Section 11. Anew Section 17.12.060 entitled Landscape Requirements and Standards is hereby added to Chapter 17.12 of Title 17 {Zoning} of the Temecula Municipal Code to read as follows: "17.12.060 LANDSCAPE REQUIREMENTS AND STANDARDS. Development plans for projects within public/institutional zoning districts shall include landscape and irrigation plans. All landscape areas shall be consistent with the City's adopted Water Efficient Landscape Design Ordinance as established in Chapter 17.32 of the Temecula Municipal Code." Section 12. Chapter 17.14 is herby amended by deleting Section 17.14.050.8 and replacing it with the following: "B. Minimum Open Space and Landscaping. Open space and landscaping for the PR, OS, and OS-C zoning districts shall be as indicated on Table 17.14.040. In addition, development plans for projects within open space, recreation and conservation zoning districts shall include landscape and irrigation plans. All landscape areas shall be consistent with the City's adopted Water Efficient Landscape Design Ordinance as established in Chapter 17.32 of the Temecula Municipal Code." Section 13. Subsection 17.24.050.H is hereby amended to read as follows: "H. Landscaping. All landscape areas shall include tree, shrub and groundcover plantings. All landscape areas shall be consistent with the City's adopted water efficient landscape ordinance as listed in Chapter 17.32 of the Temecula Municipal Code. The following landscape provisions shall apply to all unenclosed parking facilities. 1. The planting plans shall incorporate the use of drought tolerant plants to reduce water demand. A variety of plantings and hardscape should be selected and provided appropriately for their intended use. A minimum of five feet of landscaped area shall be maintained along the perimeter of a parking area. 2. Wherever a screen wall is provided and is set back from the lot line, the open area between the wall and the lot line shall be landscaped with an appropriate material which shall be continuously maintained. 3. A minimum of one tree per four parking spaces shall be provided. Each tree shall be at least a 15-gallon container and shall be of a species that provides a broad canopy. The trees may be clustered, but a minimum of one cluster per ten parking spaces shall be provided. 4. The interior of all parking lots shall include landscaped planters. These planters shall have an inside dimension width of five feet and shall have a length equal to the length of the adjoining parking spaces. These planters shall be placed at both ends of each row of parking spaces. Planter areas shall contain at least one tree and a combination of appropriate shrubs and groundcover or mulch or both. There shall be an additional landscaped planter area adjoining each tenth parking space, except that when there are more than 14 and less than 20 spaces, one additional planter shall be centered in the raw. 5. In parking areas where mare than four parking bays exist without a circulation aisle, one bay shall include a continuous planting strip measuring five feet in width, minimum inside dimension. 6. All landscaping shall be maintained and shall be irrigated consistent with the City's adapted Water Efficient Landscape Design Ordinance." Section 14. Amend Subsection 17.40.150.A by amending the first sentence of the paragraph to read, "If a telecommunication facility requires the installation of landscaping for screening or erosion control, a landscape plan shall be submitted and shall be consistent with the City's adopted Water Efficient Landscape Design ordinance." Section 15. Amend Subsection 17.40.150.E by amending the sentence to read, "Any existing trees or significant vegetation, on the facilities site ar along the affected access area that die shall be replaced with a size and species acceptable to the planning director; and" Section 16. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Temecula hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or mare other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 17. Notice of Adoption. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance including Appendices A and B and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance Na. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , and that thereafter, said Ordinance was duly adapted by the City Council of the City of Temecula at a meeting thereof held an the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk INSTRUCTIONS FOR COMPLETING WATER BUDGET FORMULA 1. To find Maximum Allowable Water Allowance (MAWA) Maximum Allowable Water Allowance (MAWA) MAWA= Ax 0.62xBx0.80/748 STEP 1. Calculate the total square footage of [he landscape area and insert that number into Space A (Round the number to the nearest hundred). STEP 2. Insert the Reference Evapotranspiration (ETo) in Space B from Chart 1. STEP 3. Multiply A x .62 x B x .8, put the answer in Space C and divide by 748. This gives the MAWA in hundreds of cubic feet (ccf) (Space D). Input the total squar footage of landscape = A x 0.62 Input [he Historical ETo for the area = B x 0.80 MAWA= ~gallyr/748 MAWA= ~ ccf 2. To Find Estimate Annual Water Use (EAWU) for each hydrozone STEP 1. Find plant factor (Chart 2) for the hydrozone, using the highest plant factor per hydrozone. If a medium plant factor and a low plant factor are in the same hydrozone, the factor is medium. Place that number in Space E. STEP 2. Calculate the square footage for the hydrozone (round [o the nearest hundred) and put the number in Space F. Next, insert the hydrozone irrigation efficiency factor (IF) from Chart 3 into Soace G. STEP 3. Multiply ETo (Chart 1) x E x F x 0.62, then divide the number by (G x 748). This gives the EAWU number for Space H. STEP 4. Repeat steps 7 - 3 for each hydrozone. STEP 5. Add up the EAWU (Space H) for each hydrozone to calculate Total EAWU (Space p. Estimated Annual Water Use (EAWU) EAWU= ETOx Ex Fx0.62/(Gx748) Hydrozone #1 Input Plant Factor= E Input square footage of F hydrozone = x 0.62 Input nycrozone vngatron efficiency = G Hydrozone #1 EAWU= FI ccf/yr Add each hyd~rllozon~e '~IIH+H+H+H+H=1 Total EAWU I~ ETo 3. To Find the Total Water Allowance STEP 7. To calculate [he Total Water Allowance (Space J), Subtract the Total EAWU (Space I) from MAWA (Space D) CIMIS Station Location ETo 62 Temecula .66.14 130 Temecula East 49.54 Chan 2 Plant Cate o Plant Factor Hi h 0.8 Medium 0.5 Low 0.2 Ve Low 0.1 rn~N A lication Method IE Factor Dri 0.9 Bubblers 0.85 MP Rotors 0.75 Rotors 0.75 Micros ra s 0.7 S ra Heads 0.6 iota) Water Allowance MAWA-EAWU = ccf/yr (this number must be positive) City of Temecula Water Budget Formula WORKSHEET - (Insert Project Name) (For projects with more than 1 hydrozone) 1 Maximum Annual Water Allowance (MAWA) INPUT the total square footage of landscape= 0 S.F. INPUT the Hist. ETo for the area = MAWA = 0 ccf / yr 2 Estimated Annual Water Use (EAWU) Hydrozone # 1 INPUT Plant Factor = 0.8 (rud) INPUT square footage of hydrozone = 0 INPUT hydrozone irrigation efficiency = 0 EAW U = ccf / yr Hydrozone # 2 INPUT Plant Factor = 0.8 (High) INPUT square footage of hydrozone = 0 INPUT hydrozone irrigation efficiency = 0 EAW U = ccf / yr Hydrozone # 3 INPUT Plant Factor = 0.5 (need) INPUT square footage of hydrozone = 0 INPUT hydrozone irrigation efficiency = 0 EAW U = ccf / yr Hydrozone # 4 INPUT Plant Factor = 0.2 (Low) INPUT square footage of hydrozone = 0 INPUT hydrozone irrigation efficiency = 0 - EAW U = ccf / yr Hydrozone # 5 INPUT Plant Factor = 0.1 (Very Low) INPUT square footage of hydrozone = 0 INPUT hydrozone irrigation efficiency = 0 EAW U = ccf / yr Total EAW U = Occf / yr MAWA -EAWU = 0 ccf / yr (this number must be positive) APPENDIX B, City of Temecula Development Code, 17.32, PLANT LIST, (by water use type) Height Spread Riv.Co. Botanical name Common name Type Kc Kc Feet Feet Native Comments Arctostaphylos emerald carpet GC 0.2 L 1 5 Acacia redolens prostrate acacia GC 0.2 L 2 12 Baccharis pilularis cvs. dwarf coyote brush GC 0.2 L 2 8 Baccharis'Centennial' bentennial baccharis GC 0.2 L 2 5 Lantana montevidensis lantana GC 0.2 L i 5 Maleophora crocea ice plant (Maleophora) GC 0.2 L 0.5 2 Myoporum parvifolium myoprum GC 0.2 L 0.5 8 Rosemarinus'Prostratus' trailing rosemary GC 0.2 L 2 6 Teucrium chamaedrys germander GC 0.2 L 1 2 Abelia grandiflora prostrata prostrate glossy abelia GC 0.5 M 2 3 Arctotheca calendula cape weed GC 0.5 M 1 5 Berberis spp. barberry GC 0.5 M 1 6 Cerastium tomentosum snow in summer GC 0.5 M 0.5 3 Ceratostigma pumbaginoides dwarf plumbago GC 0.5 M 1 4 Cotoneaster spp.(ground covers) cotoneaster GC 0.5 M 1 5 Fragaria chiloensis wild strawberry GC 0.5 M 0.5 1 Gazania spp. gazania GC 0.5 M 0.5 2 Geranium incanum cranesbill GC 0.5 M 0.5 2 Hypericum calycinum Aaron's beard GC 0.5 M 1 3 Juniperus conferta shore juniper GC 0.5 M 1 6 Lirope spicata creeping lily turt GC 0.5 M 1 3 Lotus corniculatus birdsfoot trefoil GC 0.5 M 1 3 Mahonia repens creeping mahonia GC 0.5 M 2 3 Muehlenbeckia axillaris creepng wire vine GC 0.5 M 1 3 Myoporum X 'Pacificum' Pacifica saltbush GC 0.5 M 2 15 Myoporum'South Coast' south coast myoprum GC 0.5 M 2 10 Parthenocissus quinquefolia Virginia creeper GC 0.5 M 1 5 Pelargonium peltatum ivy geranium GC 0.5 M 2 4 Potentilla verna - spring cinquefoil GC 0.5 M 1 3 Senecio mandraliscae kleinia GC 0.5 M 1 3 Thymus pseudolanuginosus wolly thyme GC 0.5 M 1 1 Thymus serphyllum creeping thyme GC 0.5 M 1 1 Trachelosperrnum asiaticum Asian starjasmine GC 0.5 M 1 3 Trifolium fragiferum O'Connor O'Connor's legume GC 0.5 M 1 6 Verbena rigida vervian GC 0.5 M 1 4 Zoyzia tenuifolia Mascarene grass GC 0.5 M 0.5 2 Ophiopogan japonicum mondo grass GC 0.8 H 1 1 Lotus scoparius deer weed P 0.1 VL 2 2 X Nolina parryi bear grass P 0.1 VL 6 3 X Achillea millefolium common yarrow P 0.2 L 3 3 Achillea tomentosa woolly yarrow P 0.2 L 0.5 - 3 Artemisia absinthium wormwood P 0.2 L 3 3 Baileys multiradiata desert marigold P 0.2 L 1 1.5 Coreopsis auriculata'Nana' dwarf coreopsis P 0.2 L 0.5 2 Coreopsis lanceolata coreopsis ~ P ~ 0.2 L 1.5 2 Deschampsia caespitosa tufted hairgrass P 0.2 L 1.5 1 Dymondia margaretae dymondia P 0.2 L 0.5 2 Elymus spp. _ wild rye P 0.2 L 2 2 Encelia califomica Califomia encelia P 0.2 L 4 4 X Epilobium spp.(Zauchneria) Califomia fuchsia P 0.2 L 3 3 Kniphofa uvaria red hot poker P 0.2 L 2 3 Narcissus spp. daffodil P 0.2 L 2 1 Pennisetum alopecuroides Chinese Pennisetum P 0.2 L 3 3 Pennisetum setaceum'Cupreum' purple fountain grass P 0.2 L - 4 4 Stipa pulchra feather grass P 0.2 L 1.5 1.5 Stipa tenuissima feather grass P 0.2 L L5 1.5 Agapanthus africanus lily-of-the-nile - P 0.5 M 1.5 1.5 Anigozanthos flavidus -kangaroo paw P 0.5 M 2 2 Armeria maritima sea pink P 0.5 M 0.5 1 Asparagus spp: ornamental asparagus P 0.5 M 1 3.. APPENDIX B, City of Temecula Development Code, 17.32, PLANT LIST, (tiy water use type) Height Botanical name Common name Calamagrostis spp. feather reed Carex comans sedge Centaurea cineraria dusty miller (cineraria) Chrysanthemum superbum Shasta daisy Cuphea ignea cigar plant Delphinium elatum candle larkspur Dietes bicolor fortnight lily Dietes iridiodes fortnight lily Digitalis purpurea - foxglove Erigeron karvinskianus fleabane Erodium chamaedryoides cranesbill Erysimium linifolium wallflower Festuca califomica California fescue Festuca ovina glauca blue fescue Gaura lindheimer gaura , Geranium sanguinium cranesbill Helictotrichon sempervirens blue oat grass Hemerocallis spp. day lily Heuchera sanguinea coral bells Imperata cylindrica 'Rubra' Japanese blood grass Iris spp. Douglas iris hybrids Lillium asiatic asian lily _ Linaria purpurea toadflax Lirope muscari big blue lily turf Miscanthus sinensis eulalia grass Muhlenbergia dumosa bamboo muhly Muhlenbergia rigens deer grass Nepeta X faassenii catmint Penstemon heterophyllus penstemon Stachys bysantina Iamb's ears Tulbaghia fragrans sweet garlic Tulbaghia violacea society garlic Zantedeschia aethiopica common calla Bergenia crassifolia winter blooming bergenia Equisetum spp. horsetail Adenostoma fasciculatum chamise Adenostoma sparsifolium red shanks/ribbonwood Calliandra eriophylla fairy duster Cercocarpus minutiflorus San Diego mountain mahogany Fallugia paradoxa Apache plume Lobelia laxiflora Mexican bush lobelia Salvia apiana white sage Simmondsia chinensis jojoba Agave americans century plant Arctostaphylos cultivars manzanita cultivars Arctostaphylos spp. manzanita Baccharis pilularis consan. coyote brush Baccharis sarothroides desert broom Buddleia marrubiifolia woolly butterfly bush Caesalpinea gilliesii desert bird of paradise Caesalpinea mexicana Mexican bird of paradise Callistemon citrinus bottle brush Convolvulus cneorum bush morning glory Senna artemisioides feathery cassia Senna eremophila Beset cassia Ceanothus spp. California lilac Ceanothus cultivars Ceanothus Cereus peruvianus Penuvian apple cactus Cistus spp. rockrose Comarostaphylis diversifolia summer holly Convolvulus cneorum bush morning glory Type Kc Kc Feet. P 0.5 M 2 P 0.5 M 1 P 0.5 M 2 P 0.5 M 2 P 0.5 M 1 P 0.5 M 3 P 0.5 M 3 P 0.5 M 3 P 0.5 M 4 P P P P P P P P P P P P P P P P P P P P P P P P P S S S S S S S S S S S S S S S S S S S S S S S S S S 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.8 0.8 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 M M M M M M M M M M M M M M M M M M M M M M M M H H VL VL VL VL VL VL VL VL L L L L L L L L L L L 1.5 0.5 2 0.5 0.5 3 1 2 1 1 1 2 2 1.5 1 5 3 3 2 1.5 1 1 2 2 4 10 10 3 6 6 2 4 ' 6 5 Varies Varies 10 10 5 10 6 12 3 5 5 Varies Varies 25 varies 10 3 Spread Feet 2 3 2 2 1 2 3 3 2 3 1 2 1 1. 3 2 2 2 2 2 1 1 1 1.5 5 3 3 2 2 1.5 1 1 1 2 2 10 10 4 10 4 2 4 6 5 Varies Varies 6 6 5 10 6 10 3 5 5 Varies Varies 6 Varies 10 3 Riv.Co. Native Comments Contain roots APPENDIX B, City of Temecula Development Code, 17.32, PLANT LIST, (by water use type) Height Spread Riv.Co. Botanical name Common name Type Kc Kc Feet Feet Native Comments Dales bicolor dales (bicolor) S 0.2 L 3 3 Dasylirion spp. ~ desert spoon S 0.2 L 3 3 Dendromecon spp. bush poppy S 0.2 L 15 15 Echium fastuosum pride of madeira S 0.2 L 5 5 Elaeagnus pungens silverberry S 0.2 L 12 12 Encelia farinosa brittle bush S 0.2 L 5 5 X Eriogonum spp. buckwheat S 0.2 L 3 4 X Euphorbia rigida euphorbia (rigida) S 0.2 L 2 3 Euryops pectinatus euryops/shrub daisy S 0.2 L 5 3 Forestiera neomexicana desert olive S 0.2 L 6 6 Fouquieria splendens ocotillo S 0.2 L 15 5 X Fremontodendron spp. flannel bush S 0.2 L 15 12 X Galvesia speciosa island bush snapdragon S 0.2 L 2 4 X Grevillea spp. grevillea S 0.2 L 4 4 Hesperaloe parviflora red/yelow yucca S 0.2 L 3 3 Heteromeles arbutifolia toyon S 0.2 L 8 8 Ilex vomitoria yaupon S 0.2 L 6 6 Keckiella antirhinnoides yellow penstemmon S 0.2 L 6 8 X Keckiella cordifolia heart-leaved penstemmon S 0.2 L 5 8 X Lantana Camara lantana S 0.2 L 3 5 Larrea tridentata creosote bush S 0.2 L 4 4 Lavandula spp. lavender S 0.2 L 3 3 Lavatera bicolor tree mallow S 0.2 L 6 4 Leptospermum scoparium New Zealand tea tree S 0.2 L 6 6 Leucophyllum frutescens Texas ranger S 0.2 L 6 6 Mahonianevinii Nevin mahonia S 0.2 L 4 6 Malosma laurina (Rhus laurina) laurel sumac S .0.2 L 8 8 Nerium oleander oleander ~ S 0.2 L 10 10 Rhamnus califomica coffeeberry S 0.2 L 10 10 X Rhamnus crocea redberry S 0.2 L 3 5 X Rhus ousts sugar bush S 0.2 L 8 8 X Rosmarinus offfcinalis rosemary S 0.2 L 5 5 Ruellia brittoniana mexican ruellia S 0.2 L 3 2 Contain roots Salvia chamaedroides blue sage S 0.2 L 1 4 X Salvia clevelandii Cleveland sage S 0.2 L 4 4 Salviagregii autumn sage S 0.2 L 4 4 Salvia leucantha Mexicanbush sage 5 0.2 L 4 4 Salvia leucophylla - purple sage S 0.2 L 4 - 4 Santolina spp. lavender cotton S 0.2 L 2 2 Sollya heterophylla Australian bluebell creeper S 0.2 L 2 4 Teucrium fruticans bush germander S 0.2 L 5 5 Trichostema lanatum woolly blue curls S 0.2 L 4 4 X Westringia fruticosa coast rosemary S 0.2 L 5 5 Yucca filamentosa Adam's needle S 0.2 L 2 5 Yucca whipplei. our Lord's candle S 0.2 L 3 3 X Abelia'Edward toucher' pink abelia S 0.5 M 4 4 Abelia X grandiflora glassy abelia S 0.5 M 5 5 Abelia'Sherwoodii' Sherwood dwarf abelia S 0.5 M 3 4 Aspidistra elatior - cast iron plant S 0.5 M 2 2 Buddleia davidii butterfly bush S 0.5 M 6 6 Buxus microphylla japonica Japanese boxwood S 0.5 M 4 4 Caesalpinea pulcherrima dwarf poinciana S 0.5 M 10 10 Callistemon viminalis weeping bottle brush S 0.5 M 20 15 Chamelaucium uncinatum Geraldton wax flower S 0.5 M 6 6 Clivia miniata Kafir Lily S 0.5 M 2 2 Cocculus laurifolius laurel leaf cocculus S 0.5 M 25 25 Coprosma kirkii creeping Coprosma ~ S 0.5 M 2 3 Rabbit prone Coprosma repens mirror plant S 0.5 M 10 6 Cordyline australis cordyline S 0.5 M 20 6 Cotoneaster spp. (shrubs) cotoneaster S 0.5 M Varies Varies Cycas revoluta sago palm S 0.5 M 4 4 APPENDIX B, City of Temecula Development Code, 17.32, PLANT LIST, (by water use type) Height Spread Riv.Co. Botanical name Common name Type Kc Kc Feet Feet Native Comments Dodonaea viscosa hopseed bush S 0.5 M 12 6 Dodonaea viscosa'Purpurea' purple hopseed bush S 0.5 M 12 6 Escallonia spp. escallonia S 0.5 M Varies Varies Euonymus japonicus evergreen euonymus S 0.5 M Varies Varies Euryops pectinatus viridis green euryops S 0.5 M 5 5 Feijoa sellowiana pineapple guava S 0.5 M 10 10 Felicia amelloides blue marguerite S 0.5 M 1.5 4 Felicia fruticosa shrub aster S 0.5 M 2 3 Gardenia veitchii gardenia S 0.5 M 3 3 Garrya eliptica coast silktassel S ~ 0.5 M 20 20 Grewia occidentalis lavender star flower S 0.5 M 6 6 Hebe spp. hebe S 0.5 M 3 3 Hibiscus syriacus rose of Sharon S 0.5 M 10 6 Hypericum'Hidecote' St.JOhnswort S 0.5 M 4 4 Ilex X altaclarensis'Wilsonii' Wilson holly S 0.5 M 8 8 Ilex aquifolium English holly S 0.5 M 20 20 Ilex cornuta 'Burtordii' Burford holly S 0.5 M 10 10 Ilex dimorphophilla Okinawan holly S 0.5 M 3 3 Jasminum humile Italian jasmine S 0.5 M 10 10 Jassminum mesnyi primrose jasmine S 0.5 M 8 8 Juncus patens California grayrush - S 0.5 M 2 2 Juniperus spp. juniper S 0.5 M Varies Varies Ligustrum japonicum Japanese privet S 0.5 M 10 10 Mahonia aquifolium Oregon grape S 0.5 M 6 6 Mahonia bealei leatherleaf mahonia S 0.5 M 8 8 Mahonia'Golden Abundance' golden abundance mahonia S 0.5 M 6 4 Mahonia lomariifolia Chinese holly grape ~ S 0.5 M 8 4 Murraya paniculata orange jessamine S 0.5 M 10 10 Myrtus Communis true myrtle S 0.5 M 5 4 Nandina domestica heavenly bamboo S 0.5 M 5 3 Nandina domestica'PUrpurea' heavenly bamboo S 0.5 M 1.5 1 Osmanthus fragrans sweet olive S 0.5 M 10 10 Perovskia spp. Russiansage S 0.5 M 3 3 Phormium hybrids flax S 0.5 M 4 3 Phormium tenax New Zealand Flax S 0.5 M 5 4 Photinia X fraseri Fraser photinia S 0.5 M 10 10 Photinia serrulata .Chinese photinia S 0.5 M 10 10 Pittosporum tobira mock orange S 0.5 M 8 8 Pitt. tobira'Wheelers Dwarf dwarf pittosporum S 0.5 M 2 2 Plumbago auriculata cape plumbago S 0.5 M 6 8 Punica granatum'nana' dwarf pomegranate S 0.5 M 3 3 Pyracantha spp. firethorn S 0.5 - M Varies Varies Rhamnus alaternus Italian buckthorn S 0.5 M 12 12 Rhaphiolepis spp. Indian hawthorne S 0.5 M 4 4 Rhaphiolepis'Majestic Beauty' majestic beauty S 0.5 M 12 4 Rosa'Cecil Brunner' Cecile Bnunner rose S 0.5 M 6 6 Rosa hybrids bush rose S 0.5 M Varies Varies Spiraea japonica spiraea S 0.5 M 4 4 Tecomaria capensis cape honeysuckle S 0.5 M 6 8 Thymus vulgaris common thyme S 0.5 M 1 2 Trachelospermum jasminoides starjasmine S 0.5 M 1.5 5 Veronica spp. veronica S 0.5 M 1.5 1.5 Viburnum japonicum Japanese viburnum S 0.5 M 10 10 Viburnum rhytidophyllum leatherleaf vibumum S 0.5 M 8 8 Viburnum suspensum sadanqua vibumum S 0.5 M 8 8 Viburnum onus laurustinus S 0.5 M 8 8 Xylosma congestum shiny xylosma S 0.5 M 8 8 Prunus ilicifolia holly leaf cherry T 0.1 VL 40 25 X Quercus dumosa ~ California scrub oak T 0.1 VL 40 40 X Quercus wislizeni interior live oak T 0.1 VL 40 40 X Acacia baileyana Bailey acacia T 0.2 L 25 30 APPENDIX B, City of Temecula Development Code, 17.32, PLANT LIST, (by water use type) Height Spread Riv.CO. Botanical name Common name Type Kc Kc Feet Feet Native Comments Acacia cultriforrnis knife acacia T 0.2 L 12 12 Acacia dealbata silver wattle T 0.2 L 40 30 Acacia smallii desert sweet acacia T 0.2 L 30 20 Acacia stenophyla shoestring acacia T 0.2 L 30 20 Arbutus unedo strawberry tree T 0.2 L 20 20 Nolina recurvata bottle palm T 0.2 L 6 6 Brachychiton populneus bottle tree T 0.2 L 40 30 Brahea edulis Guadelupe palm T 0.2 L 30 10 Ceratonia siliqua carob T 0.2 L 30 30 Cercidium floridum blue palo verde T 0.2 L 30 30 X Cercidium microphyllum little leaf palo verde T 0.2 L 25 25 X Cercidium praecox Sonoran palo verde T 0.2 L 25 25 Cercis occidentalis western redbud T 0.2 L 15 15 Chilopsis linearis desert willow T ~ 0.2 L 25 25 Chitalpa tashkentensis chitalpa T 0.2 L 25 25 Cupressus arizonica var. glabra smooth Arizona cypress T 0.2 L 40 20 Cupressus sempervirens Italian cypress T 0.2 L 50 10 Elaeagnus angustifolia Russian olive T 0.2 L 20 20 Eucalyptus camaldulensis ~ red gum T 0.2 L 70 40 Eucalyptus lehmannii bushy gate ~ T 0.2 L 25 25 Gleditsia triacanthos honey locust T 0.2. L 50 30 Laurus nobilis sweet bay T 0.2 L 30 30 Leptospermum laevigatum Australian tea tree T 0.2 L 30 30 Olea europaea olive T 0.2 L 25 25 Parkinsonia aculeata Mexican palo verde T 0.2 L 20 20 X Phoenix canariensis Canary Island date palm T 0.2 L 50 40 Phoenix dactylifera date palm T 0.2 L 60 40 Pinus brutia - Calabrian pine - T 0.2 L 40 40 Pinus eldarica eldarica pine T 0.2 L 40 40 Pinus halepensis Aleppo pine T 0.2 L 40 40 Pinus pinea Italian stone pine T 0.2 L 50 40 Pittosporum phillyraeoides willow pittosporum T 0.2 L 20 15 Prunus lyonii Catalina cherry T 0.2 L 40 30 X Quercus agrifolia coast live oak T 0.2 L 40 50 X Quercus chrysolepis canyon live oak T 0.2 L 30 40 X Quercus ilex holly oak T 0.2 L 50 50 Quercus suber cork oak T 0.2 L 50 50 Rhus lances African sumac T 0.2 L 25 25 Robinia X ambigua locust T 0.2 L 40 20 Schinus molle California pepper tree T 0.2 L 35 35 Sophora secundiflora Texas mountain laurel T 0.2 L 25 25 Washingtonia filifera California fan palm T 0.2 L 50 10 X Washingtonia robusta Mexican fan palm T 0.2 L 75 10 Acacia pendula weeping acacia - T 0.5 M 25 15 Albizia julibrissin silk tree T 0.5 M 35 35 Alnus cordata Italian alder T 0.5 M 35 20 Arbutus'Marina' Marina arbutus T 0.5 M 35 30 Arecastrum romanzoffianum queen palm - T 0.5 M 40 10 Not zone 18 Banksia integrifolia tree banksia - T 0.5 M 20 10 Bauhinia variegata .purple orchid tree T 0.5 M 30 30 Brachychiton acerifolius flame tree T 0.5 M 50 30 Brachychiton discolor Queensland lace bark T. 0.5 M 30 30 Cedrus atlantica Atlas cedar T 0.5 M 50 30 Cedrus deodora deodar cedar T 0.5 M 60 30 Celtis sinensis Chinese hackberry T 0.5 M 40 40 Cercis canadensis eastern redbud T 0.5 M 30 30 Chamaerops humilis Mediterranean fan palm T 0.5 M 20 15 Chionanthus retusus Chinese fringe tree T 0.5 M 30 20 Cinnamomum camphors camphor tree -~ T 0.5 M 40 40 Citrus spp.. orange, lemon etc., T 0.5 M Varies Varies Not zonel8 Cupaniopsis anacardioides carrotwood T 0.5 M 40. 40 APPENDIX B, City of Temecula Development Code, 17.32, PLANT LIST, (by water use type) Height Spread Riv.Co. Botanical name Common name Type Kc Kc Feet Feet Native Comments Cypressocyparis leylandii leyland cypress T 0.5 M 20 10 Eucalyptus citriodora lemon scented gum T 0.5 M 60 30 Eucalyptus erythrocorys red cap gum T 0.5 M 20 10 Eucalyptus nicholii peppermint gum T 0.5- M 30 20 Eucalyptus torquata coral gum T 0.5 M 15 10 Fraxinus oxycarpa'RaywoodP. raywood ash T 0.5 M 50 30 Fraxinus velutina Arizona ash T 0.5 M 50 30 Fraxinus velutina'Modesto' ' Modesto ash - T 0.5 M 50 30 Geijera parviflora Australian willow T 0.5 M 25 20 Ginkgo biloba maiden hair tree T 0.5 M 60 30 Junipenus scopulorum'Tolleson' Tolleson's juniper T 0.5 M 20 10 Junipenus scopulorum skyrocket juniper T 0.5 M 20 3 Koelreuteria bipinnata Chinese flame tree T 0.5 M 30 30 Koelreuteria paniculata golden rain tree T 0.5 M 30 30 Lagerstroemia indica crape myrtle T 0.5 M 25 20 Ligustrum lucidum glossy privet T 0.5 M 35 30 Liquidambar styraciFlua sweet gum T 0.5 M 50 20 Liriodendron tulipifera tulip tree T 0.5 M 50 30 Magnolia grandiflora southem magnolia T 0.5 M 60 30 Magnolia soulangeana saucer magnolia T 0.5 M 20 20 Magnolia stellata star magnolia T 0.5 M 10 20 Malus spp. eg.'Prairie Fire' .crabapple T 0.5 M 20 20 Maytenus boaria mayten tree T '0.5 M 30 20 Melaleuca styphelioides melaleuca T 0.5 M 30 20 Pinus canariensis Canary Island pine T 0.5 M 60 20 Pinus torreyana Torrey pine - T 0.5 M 40 30 Pistacia chinensis - Chinese pistache T 0.5 M 40 40 Platanus X acerifolia London plane T 0.5 M 50 30 Platanus racemosa California sycamore T 0.5 M 60 40 X Podocarpus gracilior fern pine T 0.5 M 40 40 Podocarpus henkelii long leaf yellow wood T 0.5 M 40 20 Podocarpus madrophyllus yew pine T 0.5 M 40 40 Populus fremontii western poplar T 0.5 M 50 40 X Populus nigra'Italica' Lombardy poplar T 0.5 M 50 15 Prunus caroliniana Carolina laurel cherry T 0.5 M 35 20 Prunus spp. (ornamental) floweringcherry T 0.5 M 25 25 Prunus spp. (ornamental) flowering plum T 0.5 M 25 25 Punica granatum pomegranate T 0.5 M 20 20 Pyrus calleryana cultivars Gallery pear T 0.5 M 40 20 Pyrus kawakamii evergreen pear T 0.5 M 40 40 Quercus lobata valley oak T 0.5 M 60 50 X Quercus virginiana southem live oak - T 0.5 M 50 - 50 Sapium sebiferum Chinese tallow tree T 0.5 M 35 35 Tipuana tipu tipu tree T 0.5 M 30 30 Trachycarpus fortunei windmill palm T 0.5 M 30 10 Tristaniopsis laurina little leaf myrtle T 0.5 M 15 8 Ulmus parvifolia Chinese evergreen elm T 0.5 M 40 40 Vitex agnus-castus chaste tree T 0.5 M 20 20 Alnus rhombifolia white alder T 0.8 H 40 20 Surface roots Betula pendula European white birch T 0.8 H 30 15 Salix spp. willow T 0.8 H 20 20 Invasive roots Clematis lasiantha pipestem clemaltis V 0.2 L 1 10 Lonicera japonica Japanese honeysuckle V 0.2 L 1 10 Lonicera japonica'Halliana' Hall's honeysuckle V 0.2 L 1 10 Macfadyena unguis-cati cat's claw V 0.2 L 1 10 Vitis califomica California wild grape V 0.2 L 1 10 X Ficus pumila creeping fig V 0.5 M 6 6 Clematis armandii evergreen clemeltis V 0.5 M 15 5 Clytostoma callistigioides violet trumpet vine V 0.5 M 15 5 Distictis buccinatoria blood red trumpet vine V 0.5 M 20 5 Distictis'Rivers' royal trumpet vine V 0.5 M 20 5 APPENDIX B, City of Temecula Development Code, 17.32, PLANT LIST, (by water use type) Height Botanical name Common name Type Kc Kc Feet Lonicera sempervirens trumpet honeysuckle V 0.5 M 20 Parthenocissus tricuspidata Boston ivy V 0.5 M 15 .Rosa banksiae lady Banks rose V 0.5 M 15 Rosa hybrids..climbing climbing rose V 0.5 M 10 Solandra maxima cup of gold vine V 0.5 M 10 Solanum jasminoides potato vine V 0.5 M .10 Wisteria spp. wisteria V 0.5 M 20 Clematis hybrids deciduous clematis V 0.8 H 15 Kc, Crop Coefficient LEGEND Established by WUCOLS* GC, Groundcover ~ Kc 0.1, Very Low water use P, Perennial Kc 0.2, Low water use - S, Shrub Kc 0.5, Medium water use T, Tree Kc 0.8,. High water use, (Not recommended) V, Vine C, Cool Season Grass *California Department of Water Resources W, Warm Season Grass WUCOLS III, August, 2000. Moveable Turf Grasses Cool Season Grasses, 80°/ of Eto Spread Riv.Co. Feet Native Comments 5 15 15 15 10 10 20 5 Botanical name Common name Type Kc Kc Turf Varieties Comments Agrostis palustris Creeping Bentgrass C H 0.8 Penncross, A-4 Poa pratensis Kentucky Bluegrass C H 0.8 Rugby, Cobalt Blu-Rye Mix Festuca rubra Red Fescue C H 0.8 Dawson Festuca arundinacea Tall Fescue C H 0.8 Marathon Festuca arundinacea Tall Fescue, Dwarf Varieties C H 0.8 Bonsai, Matador Lolium perenne Perennial Ryegrass C H 0.8 Saturn, Manhattan Blu-Rye Mix Warm Season Grasses, 60% of Eto Botanical name Common name Type Kc Kc Turt Varieties Comments Cynodon dactylon Common Bermudagrass W M 0.5 Safari, Sultan Cynodon species Hybrid Bermudagrass W M 0.5 Santa Ana, TifDwarf, Tifway Buchloe dactyloides Buffalograss W M 0.5 Texoka, Cody Zoysia japonica Zoysia W . ~ M 0.5 De Anza, EI Toro Stenotaphrum secundatum St. Augustine. W M 0.5 Sod Only Pennisetum clandestinum Kukuyugrass W M 0.5 AZ1, Whittet CITY OF TEMECULA PLANNING DEPARTMENT MEMORANDUM TO: Planning Commission FROM: Dale West, Associate Planner DATE: June 16, 2008 SUBJECT: Water Efficient Landscape Design Ordinance (Revisions) Attached is a revised copy of the proposed Water Efficient Landscape Design Ordinance. Following the printing of the staff report, the City's Landscape Architect and staff identified necessary corrections to the Water Budget Formula (Attachment A) as well as the draft Ordinance. Other Chapters within Title 17 of the Municipal Code, as they relate to existing landscape standards, should have been amended. The following is provided to help explain the changes in the attached revised Ordinance: In the process of rewriting the proposed Ordinance, staff moved existing landscape standards from the following Chapters into Chapter 17.32: Chapter 17.06 {Residential Districts) Chapter 17.08 (CommerciallOfficellndustrial Districts) Chapter 17.10 (Supplemental Development Standards) Chapter 17.12 {Publicllnstitutional Districts) Chapter 17.14 (Open Space/Recreation/Conservation Districts) Chapter 17.24 {Off-Street Parking and Loading) Chapter 17.40 {Telecommunications Facility and Antenna) The purpose for moving landscape standards from these Chapters is to provide comprehensive and consistent landscape design standards within a single Chapter of the Municipal Code. Although the first draft of the Ordinance includes landscape standards from these Chapters mentioned above, it does not provide direction to delete these standards that have been moved into Chapter 17.32; therefore, the revised Ordinance now provides this direction, commencing with Section 5 and concluding with Section 15. Additionally, an instruction page has been added to the Water Budget Formula {Appendix A) to provide clarification when using the Water Budget. I intend to explain the revisions at the June 18th Planning Commission meeting; however, if you have any questions prior to the public hearing, please feel free to contact me at 693-3918. STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: June 18, 2008 PREPARED BY: Dale West, Case Planner PROJECT To develop a Sustainability Action Plan (Long Range Planning SUMMARY: Project Number LR08-0007), which includes recommendations for endorsement of the California Green Builder rating system for residential homes and a Municipal Green Building Policy (LR08- 0001), and the adoption of an updated Water Efficient Landscape Design Ordinance (LR08-0002) CEQA: Categorically Exempt Section 15308 Class BACKGROUND SUMMARY On May 21, 2008, staff presented to the Planning Commission, the intent to create a Sustainability Plan for the City. As discussed, at that meeting, the Sustainability Plan is a comprehensive document that would establish measurable goals, policies and implementation strategies to reduce environmental impacts of the existing built environment and from future development. However, prior to the completion of a Sustainability Plan, early action measures can be taken by the City to improve the quality of life for its residents, such as the adoption of a green building rating system for single-family residential homes, a green building policy for municipally owned buildings, and an updated Water Efficient Landscape Ordinance. The adoption of these early action measures would help to conserve energy, water and other natural resources, and would result in positive benefits to the environment, public health, safety and welfare to the community. Following the presentation, the Commissioners emphasized the importance of creating measurable goals, and asked questions regarding the ability to quantify benefits of a Green Building Program, and emphasized the need for retrofit programs targeted at existing buildings. Additionally, the Commissioners suggested that the program have a strong public education component to it, and they emphasized the importance of verifying that a building has been built with the green standards as it was approved. Staff indicated their intent to bring back recommendations for a voluntary green building rating system for residential homes, a policy that municipal buildings be constructed with green measures incorporated into them, and an updated Water Efficient Landscape Ordinance. In the following analysis, discussion will focus on three topics: 1) creating a Sustainability Plan, 2) establishing a Green Building Program, and 3) updating the City's Water Efficient Landscape Ordinance. The discussion will be followed by the three recommendations as previously mentioned. ANALYSIS City of Temecula Sustainability Plan The Sustainability Plan is intended to act as a policy and implementation document that guides the City to think, plan, and act in a more sustainable manner, or in other words, to ensure that the City can meet its current needs (environmental, economic and social) without compromising the ability of future generations to do the same. Staff envisions the structure of the Sustainability Plan to be guided by a Mission Statement and guiding principles that provide the basis from which an effective Plan is created. The Plan would include the following goal areas: Energy, Water, Indoor Air Quality, Materials and Resources, Site and Community, and Open Space. Within each goal area, specific goals would be established which provide the impetus for creating strategies to achieve the goals. For each goal, indicators would be identified to measure progress toward meeting the goals. Baseline and future targets would be developed for the indicators in order to establish achievable milestones to measure progress towards meeting the goals. Strategies and programs would be identified and implemented, and then the success of their implementation would be determined by the success of meeting targets and milestones. Finally, the leadership and guidance for the development of a Sustainability Plan should be provided by a steering committee and a technical advisory committee. Staff's vision of a Sustainability Plan, is similar to the City of Pasadena's Green City Action Plan (attached). The creation of Pasadena's Action Plan began when the City adopted the United Nations Urban Environmental Accords. The Accords contain twenty-one specific goals within seven thematic areas: Energy, Waste Reduction, Urban Design, Urban Nature, Transportation, Environmental Health, and Water. These thematic areas are similar to the goal areas envisioned for the Temecula Sustainability Plan. As staff continues to develop a Sustainability Plan, we will look to cities like Pasadena for guidance. The creation of a Sustainability Plan will require thoughtful decisions, which take time to work through. In the meantime, there are early actions that can be taken by the City as we move forward with developing the City's Sustainability Plan. Three items, which can be acted upon before strategies are developed as part of a Sustainability Plan are, the adoption of a green building rating system for single-family homes, the adoption of a green building policy for City owned buildings, and the adoption of a Water Efficient Landscape Design Ordinance. Green Building Program On May 21, 2008, staff presented three green building rating systems to the Commission, the California Green Builder (CG B), the Build It Green-Green Point Rater (GPR), and the Leadership in Energy and Environmental Design (LEED) for Homes. Based on the discussion with the Planning Commission, review of the other programs, meetings with Western Riverside Council of Governments staff and the Building Industry Association representative, staff is recommending the City adopt the California Green Builder rating system for new residential homes as a voluntary element and the first step toward developing a Citywide Green Building Program. The California Green Builder rating system focuses on production single-family residential homes, but additional rating systems and policies can be added to expand the City's Green Building Program in the future. The California Green Builder rating system was developed by the Building Industry Institute and is endorsed by the Building Industry Association. The rating system was created for production home builders with a focus on improving energy and water efficiency, indoor air quality and comfort, on-site waste recycling, and wood conservation. Specific information regarding the protocols and certification process are attached for additional reference. The California Green Builder program elements are as follows Energy Conservation California Green Builder homes are designed and built to exceed California's Title 24 energy efficiency standards by at least fifteen percent. Special glazing is used to minimize ultraviolet rays and heat, which helps lower utility bills. The installation of higher-performance Heating, Ventilation and Air Conditioning (HVAC) systems will use less energy to cool the same amount of area as typical systems. Water Conservation California Green Builder homes use up to 20,000 gallons less water than similar, newly constructed "non green" homes. Circulating hot water systems, ultra low flow toilets and weather based irrigation controllers are used to reduce water consumption. Indoor Air Quality California Green Builder homes require Air Conditioning Contractors of America (ACCA} design protocols to ensure comfort and adequate ventilation. In addition, the use of high efficiency filters, and the use of paints, lacquers and carpets that have low or no volatile organic compounds will improve indoor air quality. Waste Diversion The California Green Builder program requires that at least fifty percent of construction waste be diverted from the landfill. Wood Conservation The California Green Builder program requires engineered wood products manufactured with feedstock primarily from sustainable forests. Certified wood products that come from forests that are overseen by the Sustainable Forestry Initiative (SFI}, American Tree Farm System {AYES), the Canadian Standards Association's Sustainable Forest Management Systems (CANICSA), or the Forests Stewardship Council (ESC) will qualify for credit under the California Green Builder program. Certification In order to determine that a home qualifies as a CGB home, third party inspection of randomly selected homes and verification of documentation by a California Green Builder Coordinator are required. Once documentation is verified and final inspections performed, the builder is entitled to use the California Green Builder logo and designate the project as a "green" subdivision or community. The Building Industry Institute has determined that the cost to implement CGB measures into a home is approximately $2,700, which includes the third party inspections and certification process. Adopting a voluntary Green Building Program for single-family residential homes is the first step toward developing a Green Building Program for the City. This initial step will allow staff to evaluate, and bring forward recommendations for additional Green Building Program elements such as, creating incentives to encourage builders to construct green homes and buildings, training for inspections and verification, and expansion of voluntary green standards for commercial buildings. Municipal Green Building Policy The City's endorsement of the CGB program and rating system is a sign that the City is moving toward becoming a sustainable City; therefore, the City should show its commitment and leadership for sustainable building practices by adopting a policy that requires all new construction of City owned facilities to be built with green building practices in mind. The Leadership in Energy and Environmental Design (LEED) rating system should be used to determine what constitutes a green facility. The LEED Certified level of certification should be the minimum standard for all new construction. In doing so, the City can show its commitment to building sustainable facilities. Water Efficient Landscape Ordinance The City first adopted Ordinance No. 94-13 on May 10, 1994, establishing water efficient landscape standards to Title 17 of the City of Temecula Municipal Cade. Since the original adoption of this Ordinance, the City has grown substantially resulting in an increased demand for water. Additionally, the water agencies are promoting water conservation in response to severe drought conditions in the western United States, and severe cutbacks of water delivery from the Sacramento Delta (see attachments). In addition to the above mentioned events, the State is currently amending their Model Water Efficient Landscape Ordinance, and will require Cities to adopt the State's Model Ordinance or an equally effective Ordinance by July 1, 2010. Staff is moving forward with this update in response to the water conservation needs and in anticipation of the State's requirements. Staff has worked with the City's landscape architect and the water agencies to draft standards that are both consistent with the Riverside County's Water Efficient Landscape Standards and the water agencies goals far water conservation. The City of Temecula's updated Water Efficient Landscape Ordinance promotes water efficient landscaping through the appropriate use of irrigation technology and management, and prescribes reasonable standards, restrictions, and requirements concerning water use in the landscaped areas. It will apply to all planning discretionary permits and any other permit when the Planning Director deems it necessary. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on June 7, 2008. ENVIRONMENTAL DETERMINATION Staff has determined that the adoption of the California Green Building rating system, the adoption of a policy that all new construction and additions to City owned facilities be designed and constructed to achieve a minimum LEED Certified rating, and the adoption of the WaterEfficient Landscape Design Ordinance are exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15308, Class 8 -Actions by Regulatory Agencies for Protection of the Environment. The adoption of the California Green Builder rating system is a voluntary program element that does not change the development standards for single-family residential homes, and proposed amendment to Title 17 of the Temecula Municipal Code improves the conservation of water resources by establishing more stringent drought tolerant and irrigation landscape standards. These actions result in the conservation of energy, water, and other natural resources, resulting in positive benefits to the environment, public health, safety and welfare of the community. RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution recommending that the City Council adopt a Resolution endorsing the California Green Builder Rating System as a first step toward establishing a Green Building Program for the City of Temecula, and that the City adopt a policy that requires all new construction and additions to City owned facilities to be designed and constructed to achieve a minimum LEED Certified rating. Staff recommends that the Planning Commission adopt City Council approve an amendment to Title 17 of the replace Chapter 17.32 entitled WaterEfficient Landscap the same name. ATTACHMENTS California Green Builder Rating Protocols City of Pasadena Green City Actian Plan Water Conservation Announcements PC Resolution -Green Building a Resolution recommending that the Temecula Municipal Code that would e Design with a new Chapter 17.32 of PC Resolution -Water Efficient Landscape Design Standards Exhibit A -Draft CC Ordinance Notice of Public Hearing June 18, 2008 Ra~ Mr. Dennis W. Chiniaeff, Commissioner ~~i TEMECULA PLANNING COMMISSION M~Wp 43200 Business Park Drive Temecula, CA 92590 '"°"~`'"'~„'`°""" SUBJECT: SUPPORT OF PROPOSED AMENDMENTS TO CHAPTER `°iltian, b:. `''""""`''~ 17.32 OF THE TEMECULA MUNICIPAL CODE UPDATING Yresidonl CITYWIDE WATER EFFICIENT LANDSCAPE DESIGN Ralph H. llailq sr. L~icc Prradvni STANDARDS Stephen J. Corona Rcn R. llrake Lisa I). IIcrm„^ Dear Mr. Chiniaeff: John E. Hoati*land LaH~rence M. l,ihoii Rancho California Water District (Rancho Water) provides water service to the vast majority of businesses, residents and landscapes within the City of Temecula. These customers receive water from a diverse portfolio of supply "~~"°" alternatives. Potable water (drinking water) is a mix of native local '~''""`' `° `'<"~'"'` Interim (;cocrnl \I:uriy;r~. groundwater, recharged groundwater, and a blend of imported water delivered Jeffre l) [lrmsti•on from both the California State Water Project and the Colorado River Aqueduct }~ y . <\eth,gtlssistantC:ene,:,~~lana:~.r system. Additionally, Rancho Water provides recycled water to irrigate parks, t~hiefFi"°ncialt""`°' landscapes, and golf courses. Perry R. Louck llirectm~ of Planning, Mttrew L. wehst~~r. P.i?, Depending on annual weather conditions, Rancho Water meets roughly 25 to ~etin~; District l:np;iro ~ r 40 percent of the area's annual demand with local groundwater. A recently ICetIil?.Garei=, completed study of the local groundwater aquifers under the Temecula Valley "`~t'`et5°"°ta" floor confirms their health and ability to sustain the levels of pumping on which ``'"`°hael `'°`"`'" Rr5t Rest R Krio{;er 1.1,1' we have come to depend. However the largest portion of our water supply is f t,,.,~,.~~,,~ ~~~~~~~~~~~~ imported to our community through hundreds of miles of aqueduct and pipeline. The long-term reliability of our import water supply, purchased from the Metropolitan Water District of Southern California (Metropolitan), is in jeopardy and has become the subject of increased examination and regulation. A recent Federal Court judgment to protect the endangered Delta Smelt, coupled with less than miraculous snow pack and precipitation in the Western Sierras, has resulted in a Department of Water Resource decision to limit State Water Project deliveries to just 35-percent of the amount agencies rely on to meet the needs of businesses and residents. The snow pack and run off in the Eastern Sierras which run-off into the Colorado River system are thus far above average for water year 2008. Nevertheless, one above-average year cannot reverse the long string of eight dry years. Reservoirs on the Colorado River, another source of import water supplies for Southern California, remain at historic low levels. Kuncho Calitbrnia Water llistrict A2735 Winchester Road Post Office R°x 90]7 Temecula, California 925A9-9017 (951) 296-6900 FAX (9511 296-GAGD www.ranchmvalar.com Mr. Dennis Chiniaeff June 18, 2008 Page 2 As Rancho Water receives much of its water supply from Metropolitan, we are required to abide by the rules, regulations and actions of Metropolitan. Although it has already mandated water use reductions in Southern California's agricultural communities-an economic staple in the Temecula Valley, Metropolitan has stated that it is unlikely mandatorv reductions will be imposed in the municipal and industrial water use sectors in 2008. Metropolitan will use water from agricultural reductions, suspension of groundwater replenishment operations, water transfers and water stored in local reservoirs to meet the short-term import needs of Southern California. Renewed focus, through adoption of a Water Supply Alert announced by Metropolitan on June 11, will be placed on voluntary reduction activities and water conservation incentives in an attempt to keep local storage levels. high for 2009. If the winter of 2008-09 fails to bring significant rain and snow, Metropolitan, and thus Rancho Water, will consider mandatory restrictions for urban customers. Rancho Water remains proactive seeking ways to reduce our dependence on costly imported supplies while delivering the highest quality water expected by the community's residents and businesses. Rancho Water is currently planning potential water resource enhancements to diversify the supply portfolio and has implemented water reuse requirements in local landscaping to free up potable water. Additionally, Rancho Water has aggressively pursued grants for enhanced conservation measures distributing nearly $2 million dollars in the last three years in incentives to qualifying customers including the City of Temecula, the Temecula Unified School District, local homeowner associations, commercial businesses, and residents. Rancho Water supports all cost-effective water-use efficiency measures designed to maximize the efficient use of water and to reduce local dependence on costly imported supplies. As such, Rancho Water fully supports the proposed amendments to the City of Temecula's landscape water-use efficiency standards. Enforcement of the revised standards will have a positive impact on water supplies at the time when landscape efficiency improvements are at their least expensive, during new installation, or planned refurbishment. Moreover, Rancho Water is committed to further partnership with the City of Temecula in its efforts to sustain the economic vitality and quality of life our mutual constituents have come to appreciate. Sincerely, RANCHO CALIFORNIA WATER DISTRICT ~~ i ~~ P ill p L. ~ orbes Interim General Manager S:WDMINISTRATIONIADMIN WORDPROC12008 DOCUMENTS1151.DOCX - -- - ---- liaucho California Wutcr District ~1118G 1Vinchester koad I'u.+l Office I3us 9017 'femecu la, CaliGn'aia 9`L589-9017 • (9511 296-69UU • I~AX f95ll 29G-(1860 www.ranchuwatcr.com ITEM N~}. 33 Approvals City Attorney S~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: Jully 22, 2008 SUBJECT: Proposed Development Code Amendments to add new policies and to clarify existing provisions of the Development Code (LR08-0032) PREPARED BY: Betsy Lowrey, Case Planner RECOMMENDATION: That the City Council Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE TEMPORARY USE PERMIT REQUIREMENTS, TO ALLOW MORE FLEXIBILITY IN THE NUMBER OF DAYS PER YEAR FOR OUTDOOR DISPLAY AND SALES, ALLOW SECOND DWELLING UNITS TO BE LOCATED WITHIN THE FRONT YARDS OF L-1, VL, RR, HR RESIDENTIAL ZONING DISTRICTS, ELIMINATE COVERED PARKING REQUIREMENT FOR CONGREGATE CARE FACILITIES, AMEND SIGN STANDARDS TO PROHIBIT ADVERTISING A BRAND NAME PRODUCT ON PERMANENT SIGNS (EXCEPT WHEN THE BRAND NAME PRODUCT IS THE PRIMARY NAME OF THE BUSINESS BEING ADVERTISED), ALLOW FUTURE TENANT IDENTIFICATION SIGNS TO BE PERMITTED UPON ENTITLEMENT, PROVIDE ADDITIONAL STANDARDS FOR DETACHED TEMPORARY BANNER SIGNS, AND MAKE OTHER MINOR CLARIFICATIONS OR TYPOGRAPHICAL CORRECTIONS BACKGROUND: The City Council adopted the Development Code in 1995. Since its adoption, the City Council periodically amends the Development Code to improve its clarity and to make necessary corrections. This amendment proposes to add new policies and to clarify provisions within the Code which are described in detail within the attached June 18, 2008 Planning Commission Staff Report {and redlined attachments) and briefly outlined below: Minor Temporary Use Permits: Allow more flexibility to businesses for temporary outdoor sales events by increasing the number of allowable days per calendar year. Permanent Signs: Strengthen the sign standards to reduce the cluttered appearance of permanent signs by ensuring tenant wall and monument signs are reserved for the tenant name only and not the brand of goods being sold. Future Tenant Identification TemporarySigns: Allow temporary "future tenant signs" upon approval of entitlement rather than upon issuance of building permits. Detached Temporary Banners: Strengthen the requirements for detached temporary banners. Second Dwelling Units/Guest Houses: Allow property owners on lots zoned one acre or larger to locate a second dwelling unit or guest house within the front yard provided that it complies with the front yard setbacks and residential developmentlperformance standards. A covenant shall be recorded declaring thatthe property ownerwill occupyeitherthe primaryresidence arthe secondary dwelling unit. Congregate Care: Eliminate the requirement for covered parking spaces within congregate care developments. Clarifythe intent of the Development Code that congregate care and senior housing shall refer to the residential performance standards as well as supplemental development standards. Minor Clarifications/Typographical Corrections: Minor clarificationsltypographical corrections are proposed. The Planning Commission considered the proposed Ordinance on June 18, 2008. At the meeting, the Commission adopted Resolution No. 08-30 with a 5-0 vote. ENVIRONMENTAL: In accordance with the California Environmental QualityAct (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA Section 15061(b)(3). The proposed Development Code Amendments are exemptfrom the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed amendments to Title 17 of the Temecula Municipal Code may have a significant effect on the environment. Staff concluded that there is no possibility thatthe Code amendments may have a significant effect on the environment. The proposed Development Code Amendments are minor policy changes, clarifications, and typographical corrections to Title 17 of the City of Temecula Municipal Code. One of the proposed amendments allows additional flexibility in Temporary Use Permits but would not significantly affect the environment and does not preclude an independent analysis of asite-specific temporary use proposal. The remaining proposed amendments do not result in a significant increase in the intensity or density of any land use above what is currently allowed in accordance with the Development Code. These proposed amendments are minor clarifications of the Code or typographical corrections. As such, there is no possibility that the proposed amendments to Title 17 of the Temecula Municipal Code will have a significant effect on the environment. FISCAL IMPACT: None. ATTACHMENTS: Proposed City Council Ordinance No. 08-_ June 18, 2Q08 Planning Commission Staff Report ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE TEMPORARY USE PERMIT REQUIREMENTS, TO ALLOW MORE FLEXIBILITY IN THE NUMBER OF DAYS PER YEAR FOR OUTDOOR DISPLAY AND SALES, ALLOW SECOND DWELLING UNITS TO BE LOCATED WITHIN THE FRONT YARDS OF L-1, VL, RR, HR RESIDENTIAL ZONING DISTRICTS, ELIMINATE COVERED PARKING REQUIREMENT FOR CONGREGATE CARE FACILITIES, AMEND SIGN STANDARDS TO PROHIBIT ADVERTISING A BRAND NAME PRODUCT ON PERMANENT SIGNS (EXCEPT WHEN THE BRAND NAME PRODUCT IS THE PRIMARY NAME OF THE BUSINESS BEING ADVERTISED), ALLOW FUTURE TENANT IDENTIFICATION SIGNS TO BE PERMITTED UPON ENTITLEMENT, PROVIDE ADDITIONAL STANDARDS FOR DETACHED TEMPORARY BANNER SIGNS, AND MAKE OTHER MINOR CLARIFICATIONS OR TYPOGRAPHICAL CORRECTIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The proposed amendments to Title 17 of the Temecula Municipal Code were processed and an environmental review was conducted as required by the California Environmental Quality Act. B. The Planning Commission of the City of Temecula held a duly noticed public hearing on June 18, 2008, to consider the proposed amendments at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to the matter. C. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed amendments, the Planning Commission adopted Resolution No. 08-30 recommending that the City Council approve the proposed amendments to Title 17 of the City of Temecula Municipal Code. D. On July 22, 2008, the City Council of the City of Temecula held a duly noticed public hearing on the proposed amendments at which time all persons interested in the proposed amendments had the opportunity and did address the City Council on these matters, and following receipt of all public testimony closed the hearing. Section 2. Further Findings. The City Council, in approving the proposed Municipal Code amendments in Long Range Planning Project Number LR08-0032, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan"} of the Temecula Municipal Code: A. The proposed amendments to Title 17 of the Temecula Municipal Code are allowed in the land use designations in which the uses are located, as shown on the land use map, or are described in the text of the General Plan. B. The proposed amendments to Title 17 of the Temecula Municipal Code are in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. C. The proposed amendments to Title 17 of the Temecula Municipal Code are consistent with the general plan and all applicable provisions contained therein. Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act {"CEQA"} pursuant to Title 14 of the California Code of Regulations, Section 15061 {b)(3} because it can be seen with certainty that there is no possibility that the proposed amendments to Title 17 of the Temecula Municipal Code may have a significant effect on the environment. Staff concluded that there is no possibility that the Code amendments may have a significant effect on the environment. The proposed Development Code Amendments are minor policy changes, clarifications, and typographical corrections to Title 17 of the City of Temecula Municipal Code. One of the proposed amendments allows additional flexibility in temporary use permits but would not significantly effect the environment and does not preclude an independent analysis of a site specific temporary use proposal. The remaining proposed amendments do not result in a significant increase in the intensity or density of any land use above what is currently allowed in accordance with the Development Code. These proposed amendments are minor clarifications of the Code or typographical corrections. As such, there is no possibility that the proposed amendments to Title 17 of the Temecula Municipal Code will have a significant effect on the environment. Section 4. The City Council of the City of Temecula hereby amends subsection 17.04.020.6.2.a by replacing it in its entirety to read as follows: "a. Outdoor display and sales of merchandise within commercial land use districts, including sidewalk sales that exceed the regulations set forth in subsection 17.10.020(K}, shall not exceed 16 days per calendar year per business or organization and are subject to the following provisions: i. Merchandise displayed or sold must be customarily sold on the premises by a permanently established business; ii. The maximum number of consecutive days for any one event shall not exceed nine calendar days; iii. Events exceeding five consecutive calendar days shall be fully enclosed in a tent so as to minimize any aesthetic impacts; iv. Set-up and take-down of tents, lighting, fencing, merchandise and/or items for the event shall not be counted towards the allowable event days per calendar year, except that set-up shall not exceed one and one-half days and take-down shall not exceed one and one-half days unless otherwise authorized by the Planning Director; v. Any event comprising of a partial day shall Gaunt as one calendar ay. Section 5. The City Council of the City of Temecula hereby amends subsection 17.04.020.B.2.c by deleting the first three words "Sidewalk sale and" and capitalizing the "v" in "vendor" to read as follows: "c. Vendor stands {nonmobile};" Section 6. The City Council of the City of Temecula hereby adds a new subsection 17.04.020.B.2.g to read as follows: "g. Automobile and truck dealerships located within Area B, as defined in this section, are allowed up to four events per calendar year and of the duration determined in subsection E of this section." Section 7. The City Council of the City of Temecula hereby amends the title paragraph of subsection 17.10.020.K by deleting "must be" and replacing "and shall comply with the following regulations:" with "may be permitted without a Temporary Use Permit, provided that the display complies with the following regulations:" to read as follows: "K. Outdoor display of merchandise accessory to current on-site business. Any outdoor display done in conjunction with the business being conducted within the building may be permitted without a temporary use permit, provided that the display complies with the following regulations:" Section 8. The City Council of the City of Temecula hereby amends subsection 17.28.040.M, and all subsequent subsections within Section 17.28.040, to be re-lettered as follows: The existing subsection 17.28.040.M shall be re-lettered as N; subsection N shall be re-lettered as ~, subsection ~ shall be re-lettered as P, subsection P shall be re-lettered as subsection Q, subsection Q shall be re-lettered as subsection R, subsection R shall be re-lettered as S, and subsection S shall be re- lettered as subsection T. Anew subsection 17.28.040.M shall be inserted after subsection 17.28.040.E and shall read as follows: "M. Permanent signs advertising a brand name product {except when the brand name product is the primary name of the business being advertised}." Section 9. The City Council of the City of Temecula hereby amends subsection 17.28.050.D.5 to by deleting the last five words "with an active building permit" and inserting in its place "immediately fallowing entitlement for a period not to exceed 120 days {and only thereafter with an active building or grading permit}" to read as follows: "5. They shall be permitted for sites immediately following entitlement for a period not to exceed 120 days {and only thereafter with an active building or grading permit}." Section 10. The City Council of the City of Temecula hereby amends section 17.28.600 to read as follows: "17.28.600 Temporary business advertising signs in commercial, office and industrial districts. A. Findings. 1. That there is a need to improve the competitiveness of service and commercial businesses and maintain the aesthetic quality of all areas in the City; and 2. That regulating temporary signage is an effective method to improve the aesthetic quality of all areas in the City; and 3. That the overuse of temporary signs results in visual clutter, the deterioration of the City's commercial and service districts, and the inefficient use of business advertising resources; B. Purpose. The purpose of this section is to set standards for temporary business advertising signs in commercial, professional office and industrial districts in the City. Temporary business advertising signs include promotional signs, grand opening signs, interim signs, special event signs, and other signs made up of temporary materials or used in a temporary fashion. C. Promotional signs in Commercial, Office and Industrial Districts. Promotional signs are temporary business advertising signs intended to attract attention to a use or activity for a limited number of events as identified in this section. The three types of promotional signs include attached, detached and window signs. Attached promotional signs, detached promotional signs and promotional window signs that require a permit may not be used in combination during any quarter. 1. Attached Promotional Signs. a. For each use or business activity up to one sign may be allowed. Except for a use or business activity with frontage on two or more major streets two signs may be allowed. b. Maximum area shall be 100 square feet. c. The vertical dimension of the sign shall not exceed five feet and shall not exceed the top of the eave line or parapet wall. d. The width (horizontal dimension) shall not exceed 60 percent of the business or store frontage, whichever is smaller. e. The maximum duration for attached promotional signs during the first through third quarters {January through September} of the year is one 30-day period per quarter, with a consecutive 60-day down period, during which time promotional signs are not permitted. During the fourth quarter {October through December) promotional signs are permitted for two thirty day periods provided that the temporary sign is dawn for at least 30 days before the temporary signage is used again. f. All promotional signs shall be located on the site where the use or activity is located. 2. Detached Promotional Signs. a. Detached signs shall be located on the site where the use or business activity is located. No more than one detached promotional sign may be allowed at the same time per lot. If two or more lots are owned by the same property owner within the same shopping or business center, then no more than one detached sign may be allowed at the same time per property owner per center. b. One additional sign may be permitted per major street frontage per lot or center, provided it is a community event sponsored by the City or by a nonprofit organization as described in Section 17.28.600.F. c. At no time shall the distance between detached promotional signs be less than 30 feet. d. The Planning Director shall have the authority to increase or reduce the requirements in subsections {2}(a}, (b} or (c} of this section in case of unusual physical characteristics of the site, such as presence of driveways, landscaping, utility poles, lot configuration, etc. e. Sign shall be mounted to a frame between one and four inches thick that contours the top, bottom and sides of the sign. The frame shall be constructed of quality durable materials and shall be constructed sa that the sign shall be securely fastened to the frame. f. If more than one detached promotional sign is located on the same lot, each sign shall be made to the same dimensions and mounted to a frame between one and four inches thick (that contours along the top, bottom and sides of the sign} and the frame shall be constructed of the same color, material and design to provide consistency between promotional signs. g. Maximum sign area shall not exceed 32 square feet. h. The maximum height to the top of the sign shall not exceed six feet above the ground. i. The vertical dimension of the sign area shall not exceed three feet, and the horizontal dimension of the sign area shall not exceed 15 feet. j. Sign shall not block, restrict or impair any of the following: i. The public's view of another business or activity; ii. The public's view of the signage for another business or activity; iii. The view or visibility of the operator of any motor vehicle; iv. The movement of any pedestrian or motor vehicle. k. The maximum duration for detached promotional signs is fourteen consecutive days within any ninety day period 3. Requirements for Promotional Window Signs. a. Signs located on non-door window surfaces shall not exceed seventy-five percent of the non-door window area. b. They may not be displayed for longer than a ninety day period. D. Grand opening signs in Commercial, Office and Industrial Districts. Grand opening signs are temporary business advertising signs, bearing the words "Grand Opening," or some similar message to announce the opening of a new business. 1. For each use or business activity up to one sign may be allowed. Except for a use or business activity with frontage on two or more major streets two signs may be allowed. 2. Maximum area shall not exceed sixty square feet. 3. The vertical dimension shall nat exceed three feet. They shall not exceed the top of the eave line or parapet wall. 4. They shall be attached to the building where the use or activity is located. 5. The width {horizontal dimension) shall not exceed sixty percent of the business or store frontage, whichever is smaller. 6. They may be allowed for any period of time during the first one hundred twenty days of business or multifamily rental complex operation. E. Interim signs. Interim signs are temporary business advertising signs intended to provide interim signage while the permanent signage is being fabricated, repaired or prepared for installation. 1. The maximum number of signs shall be the same number of permanent signs permitted by this chapter. 2. They shall be the same as the size of permanent signs permitted by this chapter. 3. They may contain only the business name and appropriate logo. They shall be attached to the building where the use or activity is located. 4. They may be allowed for any period up to 90 days. The Director may allow one time extension, far any period up to 30 days, with goad cause. It is the responsibility far the proponent of the extension to justify why the extension is appropriate. F. Special event signs in Commercial, Office and Industrial Districts. Special event signs are temporary business advertising signs for special community activities or seasonal events. By way of example only, such activities or events may include charitable and community fundraising events, Christmas tree sales, the tractor races, or the annual Temecula wine and balloon festival. In addition to the on-site signs permitted by this section, community events sponsored by the City or by a nonprofit organization may be allowed one off-site sign. Two types of special event signs include attached and detached special event signs. 1. Attached special event signs in Commercial, C}ffice and Industrial Districts. Special event signs for events held in a building or structure shall be attached to the building or structure where the use or activity is located. a. The maximum area shall not exceed thirty-two square feet. b. The vertical dimension shall not exceed three feet. They shall not exceed the top of the eave line or parapet wall of the building. c. They shall be located on the site of the special event or activity being advertised. d. The width (horizontal dimension) shall not exceed 60 percent of the business or store frontage, whichever is smaller. e. Special event signs may be allowed for any period up to 45 days. The Director may allow aone-time extension, for any period up to an additional 45 days, with good cause. It is the responsibility of the proponent of the extension to justify why the extension is appropriate. 2. Detached special event signs in Commercial, Office and Industrial districts. a. Detached special event signs shall comply with Section 17.28.600.0.2. b. Special event signs may be allowed for up to fourteen consecutive days within any ninety day period. c. Special event signs for special community-wide events, such as the tractor races and wine and balloon festival, may be allowed additional supplemental and/or directional temporary signage at the discretion of the director. Supplemental directional signage should not exceed 32 square feet on major roadways and twenty-four square feet on other roadways. The appropriate sizes and locations for all supplemental and/or directional temporary signs shall be determined by the Director." Section 15. The City Council of the City of Temecula hereby amends Table 17.06.050A Accessory Structures Setbacks as follows: A. Add a new footnote 4 by inserting a superscript numeral 4 to the end of the word "yard" in "Not permitted in the actual front yard" within the "Front Yard" column of the "Detached second unit" row. The language for the new footnote 4 shall be inserted after footnote 3 within the "Notes" section of Table 17.06.050A and shall read as follows: "4. Second dwelling unit in the L-1, VL, RR and HR zoning districts may be located in the actual front yard and shall be subject to the front yard setback requirements in Table 17.06.040, the Residential Performance Standards as outlined in Section 17.06.070, and the Special Use Standards as outlined in Section 17.06.050(L}." B. Add a new footnote 5 by inserting a superscript numeral 5 to the end of the word "yard" in "Not permitted in the actual front yard" within the "Front Yard" column of the "Detached granny flat or guest house" row. The new footnote 5 shall be inserted after the newly inserted footnote 4 within the "Notes" section of Table 17.06.050A and shall read as follows: "5. Guest House in the L-1, VL, RR and HR zoning districts may be located in the actual front yard and shall be compatible with the design of the primary dwelling and the surrounding neighborhood in terms of height, bulk and mass, landscaping, and architectural materials, shall be subject to the Residential Performance Standards as outlined in Section 17.06.070, and subject to the front yard setback requirements in Table 17.06.040." C. The language of the title within Table 17.06.050A "Accessory Structures Setbacks for the VL, L-1, L-2, LM, M and H Zoning Districts" shall be deleted in its entirety and replaced with the new title as follows: "Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts" Section 16. The City Council of the City of Temecula hereby amends subsection 17.06.050.L.5 by revising the second sentence of subsection 17.06.050.L.5 by replacing the first word of the second sentence "The" with "A covenant shall be recorded in the Riverside County Clerk's Office against the title declaring that the" to read as follows: "5. A secondary dwelling unit shall not be sold, but may be rented. A covenant shall be recorded in the Riverside County Clerk's Office against the title declaring that the property owner must occupy either the primary residence or the secondary dwelling unit." Section 17. The City Council of the City of Temecula hereby amends Table 17.24.040 by deleting "/congregate care" within the fragment "Senior citizens housing complex/congregate care" that is within the "Description of Use" column and adding a new row with "Congregate care housing" within the "Description of Use" column and "0.5 uncovered space/unit plus 1 uncovered space per 5 units for guest parking" within the "Required Number of Spaces" column as follows: Table 17.24.040 Parking Spaces Required Description of Use Required Number of Spaces Residential Uses Senior citizens housing complex 0.5 covered space/unit plus one uncovered space per five units for guest parking Congregate care housing 0.5 uncovered space/unit plus one uncovered space per five units for guest parking Section 18. The City Council of the City of Temecula hereby amends Table 17.08.030 as follows: A. Revise the first sentence within footnote 4 to delete the words "In addition to any applicable supplemental development standards listed in Chapter 17.10," and capitalize the "s" in the word "Senior" as the new first word of the first sentence of footnote 4. B. Delete the words "development and performance" and insert in its place the words "residential performance and development" within the first and second sentences within footnote 4 of table 17.08.030. C. Add a new sentence to the end of footnote 4 within Table 17.08.030 as follows: "Congregate care facilities shall use the residential performance standards." D. Add a superscript comma and numeral "4" immediately after the superscript numeral "1" within the "Congregate care housing for the elderly" within the Description of Use column within Table 17.08.030 to indicate that "Congregate care housing for the elderly" shall be subject to footnote 4 (as well as footnote 1 }. E. Add a superscript numeral "1" and comma immediately before the superscript numeral "4" within the "Senior citizen housing {see also congregate care}" within the Description of Use column within Table 17.08.030 to indicate that "Congregate care housing for the elderly" shall be subject to footnote 1 {as well as footnote 4}. Section 19. The City Council of the City of Temecula hereby amends Table 17.06.040 by revising footnote 1 to insert a comma directly after the words "Affordable housing" and by adding the words "senior housing" directly after the new comma and before the word "and" to read as follows: "1. Affordable housing, senior housing and congregate care facilities may exceed the stated densities pursuant to the provisions of Section 17.10.020{M} of this title." Section 20. The City Council of the City of Temecula hereby amends Table 17.08.030 by adding a new row with "Automobile sales {wholesale or autobroker only} with no display/storage of vehicles" within the Description of Use column, and the letter "C" {for conditionally permitted} shall be inserted into columns CC, HT, BP and LI and a letter "P" {for permitted} shall be inserted into column SC and a dash "" {far not permitted at all) shall be inserted into columns NC and PO to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Dfficellndustrial Districts ~ Description of Use ~ NC ~ CC ~ HT ~ SC ~ PD ~ BP ~ LI Automobile sales {wholesale or autobroker only} - C C P - C C with no outdoor/storage of vehicles Section 21. The City Council of the City of Temecula hereby amends subsection 17.28.350.6 by replacing the word "lineal" with "linear" to read as follows: "B. Maximum area of signs shall not exceed one-half square feet per linear feet of frontage; however, the sign area for each sign shall not exceed 50 square feet." Section 22. The City Council of the City of Temecula hereby amends subsection 17.05.020.H by replacing the word "within" with "no later than" to read as follows: "H. Time Extension. The Director of Planning may, upon an application being filed no later than 30 days prior to expiration and for good cause, grant a time extension of up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. Upon granting of an extension, Director of Planning shall ensure that conditions of the administrative approval complies with all current Development Code provisions." Section 23. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Temecula hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 24. Notice of Adoption. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same ar a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of July, 2008. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 22nd day of July , 2008, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk STAFF REPORT -PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: June 18, 2008 PREPARED BY: Betsy Lowrey, Case Planner PROJECT Long Range Planning Project Number LR08-0032, Development SUMMARY: Code Amendments CEQA: Exempt from CEQA Section 15061(b)(3) BACKGROUND SUMMARY The City Council adopted the Development Code in 1995. Since its adoption, the City Council periodically amends the Development Code to improve its clarity and to make necessary corrections. This amendment proposes to add new policy and to clarify a number of provisions within the Code, which are outlined below. ANALYSIS Minor Temporary Use Permits The proposed Amendment would allow more flexibility to businesses for temporary outdoor sales events: Currently, outdoor display and sales of merchandise within commercial land use districts are limited to two events per calendar year, not exceeding four consecutive days each: The amendment would provide businesses up to a maximum of sixteen days per calendar year subject to provisions that consider aesthetics (for outdoor displays lasting longer than five days) and also account for set-up and dismantling of the event. The amendment further clarifies that certain sidewalk sales are permitted without a Temporary Use Permit as described within the Supplemental Development Standards. A redlined proposal is attached as Attachment "A." Permanent Signs Recently, the City has seen an increase in the amount of sign submittals which advertise brand names in addition to the tenant name which clutters the appearance of the tenant sign. Staff proposes that a tenant sign is for the tenant name only rather than the brand of goods being sold. In order to prohibit advertising brand name products on permanent tenant wall and monument signs, a proposal has been added to the list of prohibited signs within Section 17.28.040 (prohibited signs) as redlined on Attachment "B." Future Tenant Identification Signs Staff has received requests from developers to display a temporary sign of a future tenant ("coming soon") for projects that have been entitled; however, the Development Code does not permit "future tenant identification signs' until a building permit has been issued. Many times, there is a delay between receiving entitlement and when a building permit is issued (due to many reasons such as preparing construction plans, financing and plan check reviews). In order to accommodate future tenant identification signs during this time period, staff is proposing to allow these signs upon entitlement of a project, but not to exceed 120 days unless an active building permit exists. A redlined proposal is attached as Attachment "C." Detached Temoorarv Banners The City has been experiencing a proliferation of detached temporary banners within close proximity to each other. A proposal by staff to amend the Development Code will strengthen the general requirements for all detached temporary signs by restricting the duration and number of temporary banners so that only one detached banner may be permitted per lot, plus one non- profit detached banner may be allowable per major street frontage per lot. The proposed amendment will also ensure that multiple detached temporary signs located on the same lot or center shall be constructed with similar frame design and sizes. Lastly, the revisions clarify size requirements. Anew subsection entitled "General Requirements for all detached temporary signs" has been added to the Code to clarify these standards. The redlined proposal is attached as Attachment "D." Second Dwellina Units/Guest Houses Currently the Development Code does not permit second dwelling units or guest houses in the front yard; however, staff has determined that second dwelling units and guest houses should be allowed within front yard areas of single family zoning districts with lots that are one acre or larger. The proposed amendment will allow residents located within the Hillside Residential (HR), Rural Residential (RR), Very Low Density (VL) and Low Density-1 (L-1) Residential Zoning Districts the ability to construct a second dwelling unit or guest house within the front yard provided that the second dwelling unit or guest house complies with the front yard setbacks and residential development/performance standards. Staff is also proposing that a covenant be recorded declaring that the property owner will occupy either the primary residence or the secondary dwelling unit. A redlined proposal is attached as Attachment "E." Congregate Care An amendment to eliminate. the requirement for covered parking spaces within congregate care facilities is proposed. Congregate care is senior housing within a group setting with separate or shared living quarters and shared dining. Many residents within these facilities do not drive and the requirement for covered parking has been determined to be unjustified. Additionally, the retirement communities of Hemet, Palm Springs, and Palm Desert were surveyed and none of these Cities require covered parking for congregate care facilities. Also, clarifications are made to the footnotes within Table 17.08.030 and Table 17.06.040 to clarify the intent of the Development Code that congregate care and senior housing shall refer to the residential performance standards as well as supplemental development standards contained in Chapter 17.10. A redlined proposal is attached as Attachment "F." Minor Clarifications/Tvoooraohical Corrections The Development Code currently allows for automobile sales with "outdoor" display/storage of vehicles and automobile sales with "only indoor" display/storage of vehicle, but does not classify automobile sales with "no" display/storage of vehicles. The proposal clarifies that automobile sales with no display shall be permitted within the same zone as automobile sale with only indoor displays since the land use impact is aesthetically the same. Also, in view of the fact that the Department of Motor Vehicles (DMV) does not allow retail auto sales with "no" display or storage of vehicles (retailers must have display/storage for retail sales), the proposal provides that auto sales with no display or storage must be only wholesale or autobroker sales in order to be consistent with the DMV requirements. Additional minor clarifications/typographical corrections are proposed in two other sections of the code and further explained as redlined on Attachment "G." LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on June 7, 2008 ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA Section 15061(b)(3). The proposed Development Code Amendments are exempt from the requirements of fhe California Environmental Quality Act ("CEQA') pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed amendments to Title 17 of the Temecula Municipal Code may have a significant effect on the environment. Staff concluded that there is no possibility that the Code amendments my have a significant effect on the environment. The proposed Development Code Amendments are minor policy changes, clarifications, and typographical corrections to Title 17 of the City of Temecula Municipal Code. One of the proposed amendments allows additional flexibility in Temporary Use Permits but would not significantly affect the environment and does not preclude an independent analysis of asite-specific temporary use proposal. The remaining proposed amendments do not result.in a significant increase in the intensity or density of any land use above what is currently allowed in accordance with the Development Code. These proposed amendments are minor clarifications of the Code or typographical corrections. As such, there is no possibility that the proposed amendments to Title 17 of the Temecula Municipal Code will have a significant effect on the environment. RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution recommending that the City Council approve an Amendment to Title 17 of the Temecula Municipal Code. FINDINGS The Planning Commission, in approving the proposed Municipal Code amendments in Planning Activity LR08-0032, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code. The proposed amendments to Title 17 of the Temecula Municipal Code are allowed in the land use designations in which the uses are located, as shown on the land use map, or are described in the text of the General Plan. The proposed amendments to Title 17 of the Temecula Municipal Code .are in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed amendments to Title 17 of the Temecula Municipal Code are consistent with the general plan and all applicable provisions contained therein. ATTACHMENTS PC Resolution Exhibit A -Draft CC Ordinance Notice of Public Hearing ATTACHMENTS A - G REDLINED CODES ATTACHMENT"A" Temporary Use Permit Proposal 17.04.020 Temporary Use Permits. 2. Minor Temporary Uses. The following minor temporary uses may be permitted, subject to the issuance of a temporary use permit. a. Outdoor display and sales of merchandise within commercial land use districts r..,~+°a +n +,.,n en+n nlen Anr „+ ne,+;nn fn r n +'..o .+n..n nnl .+'n .. h. m rnhnnr+'c c+n...o.il.. nnl.d n.. Lhn .. davs per calendar year per business or organization and are subiect to the following provisions: ~~^^^+ +h^+ ^ +n.nnh le ^n,+ +. nh ,+nolernh~no Irmo+o,+ .: +h'n A~r~.. Q n .+ef'na.l n +h"n on+'n nlln, ,nA n 4n fn nnM n nlnnfln. .,n... .... rl of ihn .+ .o+'.... rln+...... 'tea ' linen+'nn C of +h'n on+'n i. Merchandise displayed or sold must be customarily sold on the premises by a permanently established business; ii. The maximum number of consecutive davs for anv one event shall not exceed nine (9) calendar davs; iii. Events exceeding five consecutive :calendar davs shall be fully enclosed in a tent so as to minimize anv aesthetic impacts; iv. .Set-up and take-down of tents, lighting, fencing, merchandise and/or items for the event shall not be counted towards the allowable event davs per calendar year, except that set-up shall not exceed one and one- v. Any event comprising of a partial day shall count as one calendar day. b. Public health and safety activities, including emergency clinics and temporary inoculation centers; c. Vendor stands (nonmobile); d. Flower sales (nonmobile); e. Special lighting exhibits including spotlights; f. Veterinary clinics on developed sites that are not in conjunction with a veterinary facility (i.e., pet store, groomer); g. Automobile and truck dealerships located within Area B, as defined in this section, are allowed up to four events per calendar year and of the duration determined in subsection E of this section. 17.10.020 Supplemental Development Standards. K. Outdoor Display of Merchandise Accessory to Current On-Site Business. Any outdoor display m c~ done in conjunction with the business being conducted within the building may be permitted without a temporary use permit, provided that the display complies aad-s#~all--sempFy with the following regulations: 1. The items being displayed shall be of the same type that are lawfully displayed and sold inside the building on the premises. 2. The aggregate display area shall not exceed 25 percent of the linear frontage of the store front or ten linear feet, whichever is greater. 3. Items shall not project more than four feet from the store front. 4. No item, or any portion thereof, shall be displayed on public property; provided, however, items may be displayed within the public right-of-way if an encroachment permit has first been procured from the City. 5. Items shall be displayed only during the hours that the business conducted inside the building on the premises is open for business. 6. No item shall be displayed in a manner that: causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of pedestrian or vehicle traffic; is unsightly or creams any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance. ATTACHMENT"B" Permanent Sign Standard Proposal 17.28.040 Prohibited signs. All signs not expressly permitted by this chapter are prohibited, including but not limited to the following. No application for sign permit, development plan, or other application for a prohibited sign shall be accepted, acted upon or approved. A. Abandoned signs (as defined in Section 17.28.900(D)). B. Amenity signs (signs which identify the amenities provided in a multifamily complex that is visible from public street(s)). C. Animated or moving signs (except for time and temperature displays pursuant to Section 17.28.050(S)). D. Bunting (unless approved by a sign program). E. Cabinet or can signs (wall mounted). Commercial off-premises signs (except as expressly permitted by this chapter). G. Commercial signs next to residential areas. When commercial and industrial developments are facing residential uses and are located on the same local street (sixty foot right-of-way or less) as the residential uses, freestanding signs associated with these developments are prohibited. Wall signs which provide identification for businesses to pedestrians may be authorized by a Sign Program, provided that the illumination of the signs does not negatively impact residential uses. H. Day-glow colors for window signs. I. Decorative flags (unless approved through a sign program and then only if limited to focal points within the project). J. Loud speakers or signs which emit sound, odor or visible matter, except as authorized by this chapter. K. Off-site subdivision signs (except otherwise permitted in Section 17.28.800, Kiosk signs or Section 17.28.130, Subdivision signs). L. Pennants and streamers. M. Permanent signs advertising a brand name product (except when the brand name product is the primary name of the business being advertised). NIVI. Portable signs on private property. ON. Signs constituting a traffic hazard. No person shall install or maintain or cause to be installed or maintained any sign which simulates or imitates in size, color, lettering or design any traffic sign or signal, or which makes use of words "stop, danger," or any other words, phrases, symbols or characters in such a manner as to interfere with, mislead or confuse vehicular or pedestrian traffic. P8. Signs in proximity to utility lines. No permit shall be issued for any sign, and no sign shall be constructed or maintained, which has less horizontal or vertical clearance from authorized communication or energized electrical power lines than that prescribed by laws of the state or duly promulgated rules and regulations. Qt? Signs located above the eave line and roof signs (signs integrated into an architectural feature are not considered to be above the eave line). RQ. Signs on doors, windows or fire escapes. No sign structure shall be installed, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a stand pipe or fire escape, except those signs as required by other adopted codes or ordinances. S~. Signs within the public right-of-way or attached to any public property. Signs in any public right-of-way or signs which project over or into a public right-of-way, or which are attached to the public property, are prohibited. T~. Vehicle Signs. Signs located on or affixed to a motor vehicle or trailer (as those terms are defiried in the California Vehicle Code), whether parked on private property or public right-of-way, for the purpose of advertising products or services or directing people to a business or activity are prohibited. This subsection does not apply to standard advertising or identification practice where such signs are painted on or permanently attached to a business or commercial vehicle, so long as such vehicle is licensed and fully operable, and the signs on such vehicle are not in violation of the Vehicle Code. ATTACHMENT"C" Future Tenant Identification Sign Proposal 17.28.050 Exempt signs. The following signs are exempt from the requirement to obtain a sign permit pursuant to this chapter if they meet these specified requirements; however, they may require building permits: D. Future Tenant Identification Signs. 1. Maximum area for each sign for all freestanding pads and shopping centers with.five acres or more in area shall be 32 square feet. Shopping centers with more than ten acres in area shall be allowed a 100-square foot sign for the purpose of identifying multiple tenants. 2. Maximum sign structure height shall be six feet for 32-square foot signs and 12 feet for 100-square foot signs. 3. Maximum number of signs shall not exceed one per street frontage for each center or parcel at any given time. 4. They shall be removed five days after the tenant occupies the building. 5. They shall be permitted for sites •~'*" ^^'~~~° " "~'~^^ ^^'* ATTACHMENT"D" Detached Temporary Sign Proposal 17.28.600 Temporary business advertising signs in commercial, office and industrial districts. A. Findings. 1. That there is a need to improve the competitiveness of service and commercial businesses and maintain the aesthetic quality of all areas in the city; and 2. That regulating temporary signage is an effective method to improve the aesthetic quality of all areas in the city; and 3. That the overuse of temporary signs results in visual clutter, the deterioration of the city's commercial and service districts, and the inefficient use of business advertising resources; B. Purpose. The purpose of this section is to set standards for temporary business advertising signs in commercial, professional office and industrial districts in the city. Temporary business advertising signs include promotional signs, grand opening signs, interim signs, special event signs, and other signs made up of temporary materials or used in a temporary fashion. C. Promotional signs in Commercial, Office and Industrial Districts. Promotional signs are temporary business advertising signs intended to attract attention to a use or activity for a limited number of events as identified in this section. The three types of promotional signs include attached, detached and window signs. Attached promotional signs, detached promotional signs and promotional window signs that require a permit may not be used in combination during any quarter. '~~ Attached Promotional Signs. a. For each use or business activity up to one sign may be allowed. Except for a use or business activity with frontage on two or more major streets two signs may be allowed. b. Maximum area shall be 100 square feet. c. The vertical dimension of the sign shall not exceed five feet and shall not exceed the top of the eave line or parapet wall. d. The width (horizontal dimension) shall not exceed 60 percent of the business or store frontage, whichever is smaller. e. The maximum duration for attached promotional signs during the first through third quarters (January through September) of the year is one 30-day period per quarter, with a consecutive 60-day down period, during which time promotional signs are not permitted. During the fourth quarter (October through December) promotional signs are permitted for two thirty day periods provided that the temporary sign is down for at least 30 days before the temporary signage is used again. f. All promotional signs shall be located on the site where the use or activity is located. a Cnr ~. nh r h nn#~.; #., n #:. n , ho nll....,~.rl C..nnn+ fnr o r h n#'.i+..../+h frnn+nrvn nn h..n n c+r^^+c c . h^ olln...n.# b PAa ^.++1,~ ~ :o s#a'1 n^+ a s aere~ee~ . Thn . nhin E ,,, . - - ~ nl .#'m ch~.ll nn+ ^ nr# +h r^n fn^4 nnrl ohnll nn4 . d Tha shal l be Taunted te aTrara^ T~°~; ~slia'„ Qe~a: st ~ d . i of .n#+ron41. ° - - - . , - , ru e nn+ mo+nr nlc nnrl ohnll hn nn+r n+nr# nn +h n+ n .. v .~. N ....,.. ......... ...w v.... .~~w~~ vv vvnvu .nv.va., vv arrm-Trv e Thn.. ohnl l nn+ hlnnL nn+r'n4 nr'm ..f+hn f..lln./n I Th n n~~hlWn. of .. n#hnrh .n ~+..+'..'fi.~ H Th n n hl'n' of +hn n n Fnr o n}hnr h n _ ast+v}ty; ffl. Th^ .. ~., .. ..~ ~ ~ I'fi. of th^ n ^rn+... ~f Vin.. m.^..w" ~:~h,cl^. ..y vr~iu.~~ .y i 2. Detached Promotional Sipns. a. Detached signs shall be located on the site where the use or business activity is located. No more than one detached promotional sign b. One additional sign may be permitted per major street c. At no time shall the distance between detached promotional signs be less than 30 feet. case of unusual physical characteristics of the site. such as presence of driveways, landscaping, utility poles, lot configuration, etc. f. If more than one detached promotional -sign is located on the same lot, each sign shall be made to the same dimensions and mounted to same color, material and design to provide consistency between promotional Sipns. p. Maximum sign area shall not exceed 32 square feet. property owner per center. so that the sign shall be securely fastened to the frame. h. The maximum height to the top of the sign shall not exceed six feet above the around. j. Sign shall not block, restrict or impair anv of the followina: i. The public's view of another business or activity: ii. The public's view of the sianaae for another business or activity: iii. The view or visibility of the operator of any motor vehicle: iv. The movement of anv pedestrian or motor vehicle. fk. The maximum duration for detached promotional signs is fourteen consecutive days within any ninety day period is-ewe-~0-day p°°r 3. Requirements for Promotional Window Signs. a. Signs located on non-door window surfaces .shall not exceed seventy-five percent of the non-door window area. b. They may not be displayed for longer than a ninety day period. D. Grand. opening signs in .Commercial, Office and Industrial Districts. Grand opening signs are temporary business advertising signs, bearing the words "Grand Opening," qr some similar message to announce the opening of a new business. 1. For each use or business activity up to one sign may be allowed. Except for a use or business activity with frontage on two or more major streets two signs may be allowed. 2. Maximum area shall not exceed sixty square feet. 3. The vertical dimension shall not exceed three feet. They shall not exceed the top of the eave line or parapet wall. 4. They shall be attached to the building where the use or activity is located. 5. The width (horizontal dimension) shall not exceed sixty percent of the business or store frontage, whichever is smaller. 6. They may be allowed for any period of time during the first one hundred twenty days of business or multifamily rental complex operation. E. Interim signs. Interim signs are temporary business advertising signs intended to provide interim signage while the permanent signage is being fabricated, repaired or prepared for installation. 1. The maximum number of signs shall be the same number of permanent signs permitted by this chapter. 2. They shall be the same as the size of permanent signs permitted by this chapter.. 3. They may contain only the business name and appropriate logo. They shall be attached to the building where the use or activity is located. 4. -They may be allowed for any period up to 90 days. The Director may allow orie time exterision, for any period up to 30 days, with good cause. It is the responsibility for the proponent of the extension to justify why the extension is appropriate. F. Special event signs in Commercial, Office and Industrial Districts. Special event signs are temporary business advertising signs for special community activities or seasonal events. By way of example only, such activities or events may include charitable and community fund raising events, Christmas tree sales, the tractor races, or the annual Temecula wine and balloon festival. In addition to the on-site signs permitted by this section, community events sponsored by the City or by a nonprofit organization may be allowed one off-site sign. Two types of special event signs include attached and detached special event signs. 1. Attached special event signs in Commercial, Office and Industrial Districts. Special event signs for events held in a building or structure shall be attached to the building or structure where the use or activity is located. The maximum area shall not exceed thirty-two square feet. b. The vertical dimension shall not exceed three feet. They shall not exceed the top of the eave line or parapet wall of the building. c. They shall be located on the site of the special event or activity being advertised. d. The width (horizontal dimension) shall not exceed 60 percent of the business or store frontage, whichever is smaller. e. Special event signs may be allowed for any period up to 45 days. The Director may allow cone-time extension, for any period up to an additional 45 days, with good cause. It is the responsibility of the proponent of the extension to justify why the extension is appropriate. 2. Detached special event signs in Commercial, Office and Industrial districts. c.,,, ^I ^ ^.,+ c u~h'rh o n+ L.roM.1 •.. L. 'Li'.. ~+~ ~.~+ r ^hnll ho a. Detached special event signs shall comply with Section 17.28.600.0.2. db. Special event signs may be allowed for aay peried up to F fourteen consecutive days within any ninety day period. T~~«,m 14 ' 4L.., r dL.'I'+..'..f +L... o..+ ..f +F.o o..+^..d..n +n in+'Ai ...h.. +4... oaan „nr,,.n ..... ^~^^^^ ec. Special event signs for special community-wide events, such as the tractor races and wine and balloon festival, may be allowed additional supplemental and/or directional temporary signage at the discretion of the director. Supplemental directional signage should not exceed 32 square feet on major roadways and twenty-four square feet on other roadways. The appropriate sizes and locations for all supplemental and/or directional temporary signs shall be determined by the Director. ATTACHMENT "E" Second Dwelling Units/Guest Houses 17.06.050 Special use standards and regulations. Table 17.06.050A Accessory Structures Setbacks for the HR, RR VL, L-1, L-2, LM, M and H Zoning Districts Accesso Structure Front Yard Rear Yard Interior Side Yard Detached second unit Not permitted in the Refer to the rear yard Refer to the side yard actual front yard°-, setbacks in Table .setbacks in Table 17.06.040 17.06.040 Detached granny flat Not permitted in the Refer to the rear yard Refer to the side yard or guest house actual front yards setbacks in Table setbacks in Table 17.06.040 17.06.040 Notes: 1. On a corner lot, accessory structures are not permitted, unless otherwise noted above. 2. Accessory structures with walls must be separated from other accessory and primary structures by at least six feet. 3. Swimming pools, spas and pool and spa equipment in the VL, RR and HR zoning districts may be located in the front yards as outlined in Section 17.06.050(E). 4. Second dwelling unit in the L-1, VL, RR and HR zoning districts may be located in the actual front yard and shall be subiect to the front yard setback requirements in Table 17.06.040, the Residential Performance Standards as outlined in Section 17.06.070, and the Special Use Standards as outlined in Section 17.06.050(L). 5. Guest House in the L-1, VL, RR and HR zoning districts may be located in the actual front yard and shall be compatible with the design of the primary dwelling and the surrounding neighborhood in terms of height, bulk and mass, landscaping, and architectural materials, shall be subiect to the Residential Performance Standards as outlined in Section 17.06.070, and subiect to the front yard setback reauirements in Table 17.06.040. 17.06.050. L. Secondary Dwelling Units. Secondary dwelling units are permitted in all residential zoning districts where there is an existing owner-occupied single-family detached dwelling. In accordance with state law, a secondary unit shall be considered a residential use and shall not be considered to exceed the allowable density for the lot upon which it is permitted. Secondary dwelling units shall comply with the following requirements: 1. A secondary dwelling unit shall have a floor area between four hundred and one thousand two hundred square feet. 2. The secondary dwelling shall be compatible with the design of the primary dwelling and the surrounding neighborhood in terms of height, bulk and mass, landscaping, and architectural materials. 3. The secondary dwelling unit shall be provided with off-street parking in accordance with the off-street parking standards in Chapter 17.24. 4. The application for the second unit permit must be signed by the owner of the parcel of land and the primary dwelling. 5. A secondary dwelling unit shall not be sold, but maybe rented. A covenant shall be recorded in the Riverside County Clerk's Office against the title declaring that Tthe property owner must occupy either the primary residence or the secondary dwelling unit.. ATTACHMENT"F" Congregate Care Table 17.24.040 Parking Spaces Required Descri tion of Use Required Number of Spaces Senior citizens housing complex/sea^~^^z 0.5 covered space/unit plus one uncovered space per five units-for guest parking Congregate Care housing 0.5 uncovered space/unit plus one uncovered space per five units for quest parking Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Descri tion of Use NC CC HT SC PO BP LI Con re ate care housin for the elder) •- P P P P P - - Seniorcitizen housin see also con re ate care ~ P P P P P - - Notes: 1. Subject to the supplemental development standards contained in Chapter 17.10 of this code. 2. Subject to the provisions of Chapter 17.40 of the Temecula Municipal Code. 3. See Chapter 5.22 of the Temecula Municipal Code. 4 . ",' 7~Oi ~-Senior housing residential projects in the CC, SC, HT and PO zones shall use the ~'°~~°'^^^~°^~ °^~' ^°~'^•^~°^^° residential performance and development standards for the high density residential zone. Senior housing residential projects in the NC zone shall use the ~'°~~°'^^^~^^* °^~' ^°~'^~^~°^^° residential performance and development standards for the medium density residential zone and the applicable supplemental development standards in Chapter 17.10. Congregate care facilities shall use the residential performance standards. Table 17.06.040 Development Standards-Residential Districts Residential Development HR RR VL L-1 L-2 LM M H Standards Lot Area Dwelling units per net 12 20 acre Lot Dimensions Notes: 1. Affordable housing, senior housing and congregate care facilities may exceed the stated densities pursuant to the provisions of Section 17.10.020(M) of this title. ATTACHMENT"G" Clarifications /Typographical Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI A Automobile sales with outdoor display/storage of vehicles _ _ _ C - - C Automobile sales with only indoor display/storage of vehicles _ C C P - C C Automobile sales (wholesale or autobroker only) with no display/storage of vehicles _ C C P = C C 17.28.350.6. Maximum area of signs shall not exceed one-half square feet per lineal-linear feet of frontage; however, the sign area for each sign shall not exceed 50 square feet. 17.05.020.H. Time extension. The Director of Planning may, upon an application being filed no later than wit#ia-39 days prior to expiration and for good cause, grant a time extension of up to 3 one-year Extensions of Time. Each extension of time shall be granted in one-year. increments only. Upon granting of an extension, director of planning shall ensure that conditions of the administrative approval complies with all current Development Code provisions. PC RESOLUTION PC RESOLUTION NO. - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY. OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE TEMPORARY USE PERMIT REQUIREMENTS TO ALLOW MORE FLEXIBILITY IN THE NUMBER OF DAYS PER YEAR FOR OUTDOOR DISPLAY AND SALES, ALLOW SECOND DWELLING UNITS TO BE LOCATED WITHIN THE FRONT YARDS OF L-1, VL, RR, HR RESIDENTIAL ZONING .DISTRICTS, ELIMINATE COVERED PARKING REQUIREMENT FOR CONGREGATE CARE FACILITIES, AMEND SIGN STANDARDS TO PROHIBIT ADVERTISING A BRAND NAME PRODUCT ON PERMANENT SIGNS (EXCEPT WHEN THE BRAND NAME PRODUCT IS THE PRIMARY NAME OF THE BUSINESS BEING ADVERTISED), ALLOW FUTURE TENANT IDENTIFICATION SIGNS TO BE PERMITTED UPON ENTITLEMENT, PROVIDE ADDITIONAL STANDARDS FOR DETACHED TEMPORARY BANNER SIGNS, AND MAKE OTHER MINOR CLARIFICATIONS OR TYPOGRAPHICAL CORRECTIONS (LR08-0032)" Section 1. Procedural Findings. .The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On June 18, 2008 the Planning Commission identified a need to amend portions of Title 17 of the adopted Temecula Municipal Code in order to revise Minor Temporary Use Permit requirements to provide more flexibility in the number of -days per year for outdoor display and sales of merchandise within Commercial Land Use Districts, allow second dwelling units to be located within the front yards in the L-1, VL, RR and HR Residential Zoning Districts, revise Parking Standards for congregate care facilities by eliminating the covered parking requirement, amend Sign Standards to prohibit advertising of a brand name product on permanent signs (except when the brand name product is the primary name of the business being advertised), allow future tenant identification signs to be permitted upon entitlement, provide additional standards for detached temporary banner signs, and make other minor clarifications and typographical corrections to the Development Code (Long Range Planning Project Number LR08-0032). B. The Ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the application and environmental review on June 18, 2008, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended that the City Council approve Long Range Planning Project Number LR08-0032 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the application hereby finds, determines and declares that: A. The proposed amendments to Title 17 of the Temecula Municipal Code are allowed in the land use designations in which the uses are located, as shown on the land use map, or are described in the text of the General Plan. B. The proposed amendments to Title 17 of the Temecula Municipal Code are in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. C. The proposed amendments to Title 17 of the Temecula Municipal Code are consistent with the general plan and all applicable provisions contained therein. Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 08= (to amend portions of Title 17 of the adopted Temecula Municipal Code in order to revise .Minor Temporary Use Permit requirements to provide more flexibility in the number of days per year for outdoor display and sales of merchandise within Commercial Land Use Districts, allow second dwelling units. to be located within the front yards in the L-1, VL, RR and HR Residential Zoning Districts, revise Parking Standards for congregate care facilities by eliminating the covered parking requirement, amend Sign Standards to prohibit advertising of a brand name product on permanent signs (except when the brand name product is the primary name of the business being advertised), allow future tenant identification signs to be permitted upon entitlement, provide additional standards for detached temporary banner signs, and make other minor clarifications and typographical corrections to the Development Code) is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The Ordinance will have no adverse environmental affects because the proposed Development Code Amendments are minor policy changes, clarifications, and typographical corrections to Title 17 of the City of Temecula .Municipal Code. One of the proposed amendments allows additional flexibility in temporary use permits but would not significantly effect the environment and .does not preclude an independent analysis of a site specific temporary use proposal. The .remaining proposed amendments do not result in a significant increase in the intensity or density of any land use above what is currently allowed in accordance with the Development Code. These proposed amendments are minor clarifications of the Code or typographical corrections. As such, there is no possibility that the proposed amendments to Title 17 of the Temecula Municipal Code will have a significant effect on the environment. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption. for the proposed ordinance. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council approve Long Range Planning Project Number LR08-0032, a proposed Citywide ordinance as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 18th day of June 2008. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )SS CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of June 2008, by the following vote: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: .PLANNING COMMISSIONERS Debbie Ubnoske, Secretary EXHIBIT A DRAFT CC ORDINANCE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE TEMPORARY USE PERMIT REQUIREMENTS TO ALLOW MORE FLEXIBILITY IN THE NUMBER OF DAYS PER YEAR FOR OUTDOOR DISPLAY AND SALES, ALLOW SECOND DWELLING UNITS TO BE LOCATED WITHIN THE FRONT YARDS OF L-1, VL, RR, HR RESIDENTIAL ZONING DISTRICTS, ELIMINATE COVERED PARKING REQUIREMENT FOR CONGREGATE CARE FACILITIES, AMEND SIGN STANDARDS TO PROHIBIT ADVERTISING A BRAND NAME PRODUCT ON PERMANENT SIGNS (EXCEPT WHEN THE BRAND NAME PRODUCT IS THE PRIMARY NAME OF THE BUSINESS BEING ADVERTISED), ALLOW FUTURE TENANT IDENTIFICATION SIGNS TO BE PERMITTED UPON ENTITLEMENT, PROVIDE ADDITIONAL STANDARDS FOR DETACHED TEMPORARY BANNER SIGNS, AND MAKE OTHER MINOR .CLARIFICATIONS OR TYPOGRAPHICAL CORRECTIONS (LR08-0032) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The proposed amendments to Title 17 of the Temecula Municipal Code were processed and an environmental review was conducted as required by the California Environmental Quality Act. B. The Planning Commission of the City of Temecula held a duly noticed public hearing on June 18, 2008, to consider the proposed amendments at which time the City staff and .interested persons had an opportunity to, and did testify either in support or opposition to the matter. C. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed amendments, the Planning Commission adopted .Resolution No. 08-_, recommending that the City Council approve the proposed amendments to Title 17 of the City of Temecula Municipal Code. D. On July 22, 2008, the City Council of the City of Temecula held a duly noticed public hearing on the proposed- amendments at which time all persons interested in the proposed amendments had the opportunity and did address the City Council on these matters, and following receipt of all public testimony closed the hearing. Section 2. Further Findings. The City Council, in approving the proposed Municipal Code amendments in Long Range Planning Project Number LR08-0032, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: A. The proposed amendments to Title 17 of the Temecula Municipal Code are allowed in the land use designations in which the uses are located, as shown on the land use map, or are described in the text of the General Plan. B. The proposed amendments to Title 17 of the Temecula Municipal Code are in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. C. The proposed amendments to Title 17 of the Temecula Municipal Code are consistent with the general plan and all applicable provisions contained therein. Section 3. Environmental Findings. -The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed amendments to Title 17 of the Temecula Municipal Code may have a significant effect on the environment. Staff concluded that there is no possibility that the Code amendments my have a significant effect on the environment. The proposed Development Code Amendments are minor policy changes, clarifications, and typographical corrections to Title 17 of the City of Temecula Municipal Code. One of the proposed amendments allows additional flexibility in temporary use permits but would not significantly effect the environment and does not preclude an independent analysis of a site specific temporary use proposal. The remaining proposed amendments do not result in a significant increase in the intensity or density of any land use above what is currently allowed in accordance with the Development Code. These proposed amendments are minor clarifications of the Code or typographical corrections. As such, .there is no possibility that the proposed amendments to Title 17 of the Temecula Municipal Code will have a significant effect on the environment. Section 4. -The City Council of the City of Temecula hereby amends subsection 17.04.020.B.2.a by replacing it in its entirety to read as follows: "a. Outdoor display and sales of merchandise within commercial land use districts, including sidewalk sales that exceed the regulations set forth in subsection 17.10.020(K), shall not exceed 16 days per calendar year per business or organization and are subject to the following provisions: i. Merchandise displayed or sold must be customarily sold on the premises by a permanently established business; ii. The maximum number of consecutive days for any one event shall not exceed nine calendar days; iii. Events exceeding five consecutive calendar days shall be fully enclosed in a tent so as to minimize any aesthetic impacts; iv. Set-up and take-down of tents, lighting, fencing, merchandise and/or items for the event shall not be counted towards the allowable event days per calendar year, except that set-up shall not exceed one and one-half days and take-down shall not exceed one and one-half days unless otherwise authorized by the Planning Director; v. Any event comprising of a partial day shall count as one calendar day." Section 5. The City Council of the City of Temecula hereby amends subsection 17.04.020.B.2.c by deleting the first three words "Sidewalk sale and" and capitalizing the "v" in "vendor" to read as follows: "c. Vendor stands (nonmobile);" Section 6. The City Council of the City of Temecula hereby adds a new subsection 17.04.020.6.2.8 to read as follows: "g. Automobile and truck dealerships located within Area B, as defined in this section, are allowed up to four events per calendar year and of the duration determined in subsection E of this section." Section 7. The City Council of the City of Temecula hereby amends the title paragraph of subsection 17.10.020.K by deleting "must be" and replacing "and shall comply with the following regulations:" with "may be permitted without a Temporary Use Permit, provided that the display complies with the following regulations:" to read as follows: "K. Outdoor display of merchandise accessory to current on-site business. Any outdoor display done in conjunction with the .business being conducted within the building may be permitted without a temporary use permit, provided that the display complies with the following regulations:" Section 8. The City Council of the City of Temecula hereby amends subsection 17.28.040.M, and all subsequent subsections within Section 17.28.040, to be re-lettered as follows: The existing subsection 17.28.040.M shall be re-lettered as N; subsection N shall be re-lettered as O, subsection O shall be re-lettered as P, subsection P shall be re-lettered as subsection Q, subsection O shall be re-lettered as subsection R, subsection R shall be re-lettered as S, and subsection S shall be re- lettered as subsection T. Anew subsection 17.28.040.M shall be inserted after subsection 17.28.040.E and shall read as follows: "M. Permanent signs advertising a brand name product (except when the brand name product is the primary name of the business being advertised)." Section 9. The City Council of the City of Temecula hereby amends subsection 17.28.050. D.5 to by deleting the last five words "with an active building permit' and inserting in its place "immediately following entitlement for a period not to exceed 120 days (and only thereafter with an active building or grading permit)" to read as follows: "5. They shall be permitted for sites immediately following ehtitlement for a period not to exceed 120 days (and only thereafter with an active building or grading permit)." Section 10. The City Council of the City of Temecula hereby amends section 17.28.600 to read as follows: "17.28.600 Temporary business advertising signs in commercial, office and industrial districts. A. Findings. 1. That there is a need to improve the competitiveness of service and commercial businesses and maintain the aesthetic quality of all areas in the city; and 2. That regulating temporary signage is an effective method to improve the aesthetic quality of all areas in the city; and 3. That the overuse of temporary signs results in visual clutter, the deterioration of the city's commercial and service districts, and the inefficient use of business advertising resources; B. Purpose. The purpose of this section is to set standards for temporary business advertising signs in commercial, professional office and industrial districts in the city. Temporary business advertising signs include promotional signs, grand opening signs, interim signs, special event signs, and other signs made up of temporary materials or used in a temporary fashion. C. Promotional signs in Commercial, Office and Industrial Districts. Promotional signs are temporary business advertising signs intended to attract attention to a use or activity for a limited number of events as identified in this section. The three types of promotional signs include attached, detached and window signs. Attached promotional signs, detached promotional signs and promotional window signs that require a permit may not be used in combination during any quarter. Attached Promotional Signs. a. For each use or business activity up to one sign may be allowed. Except for a use or business activity with frontage on two or more major streets two signs may be allowed. b. Maximum area shall be 100 square feet. c. The vertical dimension of the sign shall not exceed five feet and shall not exceed the top of the eave line or parapet wall. d. The width (horizontal dimension) shall not exceed 60 percent of the business or store frontage, whichever is smaller. e. The maximum duration for attached promotional signs during the first through third quarters (January through September) of the year is one 30-day period per quarter, with a consecutive 60-day down period, during which time promotional signs are not permitted. During the fourth quarter (October through December) promotional signs are permitted for two thirty day periods provided that the temporary sign is down for at least 30 days before the temporary signage is used again. f. All promotional signs shall be located on the site where the use or activity is located. 2. Detached Promotional Signs. a. Detached signs shall be located on the site where the use or business activity is located. No more than one detached promotional sign may be allowed at the same time per lot. If two or more lots are owned by the same property owner within the same shopping or business center, then no more than one detached sign may be allowed at the same time per property owner per center. b. One additional sign may be permitted per major street frontage per lot or center, provided it is a community event sponsored by the City or by a nonprofit organization as described in Section 17.28.600.F. c. At no time shall the distance ..between detached promotional signs be less than 30 feet. d. The Planning Director shall have the authority to increase or reduce the requirements in subsections (2)(a), (b) or (c) of this section in case of unusual physical characteristics of the site, such as presence of driveways, landscaping, utility poles, lot configuration, etc. e. Sign shall be mounted to a frame between one and four inches thick that contours the fop, bottom and sides of the sign. The frame shall be constructed of quality durable materials and shall be constructed so that the sign shall be securely fastened to the frame. f. If more than one detached promotional sign is located on the same lot, each sign shall be made to the same dimensions and mounted to a frame between one and four inches thick (that contours along the top, bottom and sides of the sign) and the frame shall be constructed of the same color, material and design to provide consistency between promotional signs. g. Maximum sign area shall not exceed 32 square feet. h. The maximum height to the top of the sign shall not exceed six feet above the ground. i. The vertical dimension of the sign area shall not exceed three feet, and the horizontal dimension of the sign area shall not exceed 15 feet. j. Sign shall not block, restrict or impair any of the following: i. The public's view of another business or activity; ii. The public's view of the signage for another business or activity; iii. The view or visibility of the operator of any motor vehicle; iv. The movement of any pedestrian or motor vehicle. k. The maximum duratioh for detached promotional signs is fourteen consecutive days within any ninety day period 3. Requirements for Promotional Window Signs. a. Signs located on non-door window surfaces shall not exceed seventy-five percent of the non-door window area. b. They may not be displayed for longer than a ninety day period. D. Grand opening signs in Commercial, Office and Industrial Districts. Grand opening signs are temporary business advertising signs, bearing the words "Grand Opening," or some similar message to announce the opening of a new business. 1. For each use or business activity up to one sign may be allowed. Except for a use or business activity with frontage on two or more major streets two-signs may be allowed. 2. Maximum area shall not exceed sixty square feet. 3. The vertical dimension shall not exceed three feet. They shall not exceed the top of the eave line or parapet wall. 4. They shall be attached to the building where the use or activity is located. 5. The width (horizontal dimension) shall not exceed sixty percent of the business or store frontage, whichever is smaller. 6. They may be allowed for any period of time during the first one hundred twenty days of business or multifamily rental complex operation. E. Interim signs. Interim signs are temporary business advertising signs intended to provide interim signage while the permanent signage is being fabricated, repaired or prepared for installation. 1. The maximum number of signs shall be the same number of permanent signs permitted by this chapter. 2. They shall be the same as the size of permanent signs permitted by this chapter. 3. They may contain only the business name and appropriate logo. They shall be attached to the building where the use or activity is located. 4. They may be allowed for any period up to 90 days. The Director may allow one time extension, for any period up to 30 days, with good cause. It is the responsibility for the proponent of the extension to justify why the extension is appropriate.- F. Special event signs in Commercial, Office and Industrial Districts. Special event signs are temporary business advertising signs for special community activities or seasonal events. By way of example only, such activities or events may include charitable and community fundraising events, Christmas tree sales, the tractor races, or the annual Temecula wine and balloon festival. In addition to the on-site signs permitted by this section, community events sponsored by the City or by a nonprofit organization may be allowed one off-site sign: Two types of special event signs include. attached and detached special event signs. 1. Attached special event signs in Commercial, Office and Industrial Districts. Special event signs for events held in a building or structure shall be attached to the building or structure where the use or activity is located. a. The maximum area shall not exceed thirty-two square feet. b. The vertical dimension shall not exceed three feet. They shall not exceed the top of the eave line or parapet wall of the building. c. They shall be located on the site of the special event or activity being advertised. d. The width (horizontal dimension) shall not exceed 60 percent of the business or store frontage, whichever is smaller. e. Special event signs may be allowed for any period up to 45 days. The Director may allow aone-time extehsion, for any period up to an additional 45 days, with good cause. It is the responsibility of the proponent of the extension to justify why the extension is appropriate. 2. Detached special event signs in Commercial,. Office and Industrial districts. a. Detached special event signs shall comply with Section 17.28.600.0.2. b. Special event signs may be allowed for up to fourteen consecutive days within any ninety day period. c. Special event signs for special community-wide events, such as the tractor races and wine and balloon festival, may be allowed additional supplemental and/or directional temporary signage at the discretion of the director. Supplemental directional signage should not exceed 32 square feet on major roadways and twenty-four square feet on other roadways. The appropriate sizes and locations for all supplemental and/or directional temporary signs shall be determined by the Director." Section 15. The City Council of the City of Temecula hereby amends Table 17.06.050A Accessory Structures Setbacks as follows: A. Add a new footnote 4 by inserting a superscript numeral 4 to the end of the word "yard" in "Not permitted in the actual front yard" within the "Front Yard" column of the "Detached second unit" row. The language for the new footnote 4 shall be inserted after footnote 3 within the "Notes" section of Table 17.06.050A and shall read as follows: "4. Second dwelling unit in the L-1, VL, RR and HR zoning districts may be located in the actual front yard and shall be subject to the front yard setback requirements in Table 17.06.040, the Residential Performance Standards as outlined in Section 17.06.070, and the Special Use Standards as outlined in Section 17.06.050(L)." B. Add a new footnote 5 by inserting a superscript numeral 5 to the end of the word "yard" in "Not permitted in the actual front yard" within the "Front Yard" column of the "Detached granny flat or guest house" row. The new footnote 5 shall be inserted after the newly inserted footnote 4 within the "Notes" section of Table 17.06.050A and shall read as follows "5. Guest House in the L-1, VL, RR and HR zoning districts may be located in the actual front yard and shall be compatible with the design of the primary dwelling and the surrounding neighborhood in terms of height, bulk and mass, landscaping, and architectural materials, shall be subject to the Residential Performance Standards as outlined in Section 17.06.070, and subject to the front yard setback requirements in Table 17.06.040." C. The language of the title within Table 17.06.050A "Accessory Structures Setbacks for the VL, L-1, L-2, LM, M and H Zoning Districts" shall be deleted in its entirety and replaced with the new title as follows: "Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts" Section 16. The City Council of the City of Temecula hereby amends subsection 17.06.050.L.5 by revising the second sentence of subsection 17.06.050: L.5 by replacing the first word of the second sentence "The" with "A covenant shall be recorded in the Riverside County Clerk's Office against the title declaring that the" to read as follows: "5. A secondary dwelling unit shall not be sold, but may be rented. A covenant shall be recorded in the Riverside County Clerk's Office against the title declaring that the property owner must occupy either the primary residence or the secondary dwelling unit." Section 17. The City Council of the City of Temecula hereby amends. Table 17.24.040 by deleting "/congregate care" within the fragment "Senior citizens housing complex/congregate care" that is within the "Description of Use" column and adding a new row with "Congregate care housing" within the "Description of Use" column and "0.5 uncovered space/unit plus 1 uncovered space per 5 units for guest parking" within the "Required Number of Spaces" column as follows: Table 17.24.040 Parking Spaces Required Description of Use Required Number of Spaces Residential Uses Senior citizens housing complex 0.5 covered space/unit plus one uncovered space per five units for guest parking Congregate care housing 0.5 uncovered space/unit plus one uncovered space per five units for guest parking Section 18. The. City Council of the City of Temecula hereby amends Table 17.08.030 as follows: A. Revise the first sentence within footnote 4 to delete the words "In addition to any applicable supplemental development standards listed in Chapter 17.10," and capitalize the "s" in the word "Senior" as the new first word of the first sentence of footnote 4. B. Delete the words "development and performance" and insert in its place- the words "residential performance and development" within the first and second sentences within footnote 4 of table 17.08.030. C. Add a new sentence to the end of footnote 4 within Table 17.08.030 as follows: "Congregate care facilities shall use the residential performance standards." D. Add a superscript comma and numeral "4" immediately after the superscript numeral "1" within the "Congregate care housing for the elderly" within the Description of Use column within Table 17.08.030 to indicate that "Congregate care housing for the elderly" shall be subject to footnote 4 (as well as footnote 1). E. Add a superscript numeral "1" and comma immediately before the superscript numeral "4" within the "Senior citizen housing (see also congregate care)" within the Description of Use column within Table 17.08.030 to indicate that "Congregate care housing for the elderly" shall be subject to footnote 1 (as well as footnote 4). Section 19. The City Council of the City of Temecula hereby amends Table 17.06.040 by revising footnote 1 to insert a comma directly after the words "Affordable housing" and by adding the words "senior housing" directly after the new comma and before the word "and" to read as follows: "1.. Affordable housing, senior housing and congregate care facilities may exceed the stated densities pursuant to the provisions of Section 17.10.020(M) of this title." Section 20. .The City Council of the City of Temecula hereby amends Table 17.08.030 by adding a new row with "Automobile sales (wholesale or autobroker only) with no display/storage of vehicles" within the Description of Use column, and the letter "C" (for conditionally permitted) shall be inserted into columns CC, HT, BP and LI and a letter "P" (for permitted) shall be inserted into column SC and a dash "" (for not permitted at all) shall be inserted into columns NC and PO to read as follows: Table 17.08.030 Schedule of Permitted Uses ustrial Districts Description of Use NC CC HT SC PO BP LI Automobile sales (wholesale or autobroker only) - C C P - C C with no outdoor/storage of vehicles Section 21. The City Council of the City of Temecula hereby amends subsection 17.28.350.6 by replacing the word "lineal" with "linear" to read as follows: "B. Maximum area of signs shall not exceed one-half square feet per linear feet of frontage; however, the sign area for each sign shall not exceed 50 square feet." Section 22. The City Council of the City of Temecula hereby amends subsection 17.05.020.H by replacing the word "within" with "no later than" to read as follows: "H. Time Extension. The Director of Planning may, upon an application being filed no later than 30 days prior to expiration and for good cause, grant a time extension of up to 3 one-year extensions of time. Each extension of time shall be granted in one- year increments only. Upon granting of an extension, Director of Planning shall ensure that conditions of the administrative approval complies with all current Development Code provisions." Section 23. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Temecula hereby declares. that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, 'sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 24. Notice of Adoption. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2008. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the -day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk NOTICE OF PUBLIC HEARING Notice of Public Hearing Case No: Applicant: Location: Proposal: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Planning Application No. LR08-0032 City of Temecula Citywide Proposed Development Code amendments to portions of Title 17 of the Temecula Municipal Code to revise Minor Temporary Use Permit requirements to provide more flexibility in the number of days per year for outdoor display and sales of merchandise within Commercial Land Use Districts, allow second dwelling units to be located within the front yards in the L-1, VL, RR and HR Residential Zoning Districts, revise Parking Standards for congregate care facilities by eliminating the covered parking requirement, amend Sign Standards to prohibit advertising of a brand name product on permanent signs (except when the brand name product is the primary name of the business being advertised), allow future tenant identification signs to be permitted upon entitlement, provide additional standards for detached temporary banner signs,. and make other minor clarifications and typographical corrections to the Development Code In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA Section 15061(b)(3) Betsy Lowrey City of Temecula, Council Chambers 43200 Business Park Drive, Temecula, CA 92590 June 18, 2008 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing. If you challenge the project in court, you may be limited to raising only those issues you orsomeone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. The proposed project application may be viewed at the Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00. a.m. until 5:00 p.m. Questions concerning the project may be addressed to the case planner at the City of Temecula Planning Department, (951) 694-6400. COUNCIL BUSINESS ITEM N~}. 34 Approvals City Attorney Director of Finance 5~~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: July 22, 2008 SUBJECT: Development of a City Sustainability Plan (Long Range Planning Project Number LR08-0007), which includes recommendations for endorsement of the California Green Builder rating system for residential homes and a Municipal Green Building Policy (LR08-0001) PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council: Provide staff direction to continue with the development of a City Sustainability Plan as outlined by staff 2. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENDORSING THE CALIFORNIA GREEN BUILDER PROGRAM (CGB) FOR NEW SINGLE-FAMILY RESIDENTIAL PRODUCTION HOMES, AND REQUIRING ALL NEW CONSTRUCTION AND ADDITIONS TO CITY OWNED FACILITIES TO BE DESIGNED AND CONSTRUCTED TO ACHIEVE A MINIMUM LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFIED RATING (LONG RANGE PLANNING PROJECT NUMBER LR08-0001) BACKGROUND: Staff has attended conferences, workshops, and meetings to understand the implementation and development of "green" programs. Staff has also researched "green" efforts by other organizations and municipalities. "Green" program objectives maintain the social and economic well being of the community by promoting sustainable practices and protection of the environment. Staff has recently developed a framework for a Sustainability Plan for Temecula. The future Plan will include measurable goals, policies, and implementation programs. It will also include a reporting process to evaluate the success of meeting the Plan's goals. ANALYSIS Temecula Sustainability Plan The Sustainability Plan is intended to act as a policy and implementation document that guides the City to comprehensively operate in a mare sustainable manner. The objective of the Plan is to ensure that the City can meet its current needs (environmental, economic and social) without compromising the ability of future generations to do the same. The Sustainability Plan is foreseen to include a Vision Statement and Guiding Principles (see attached draft). These will provide the basis far the development of the Plan. The City's Vision is to strive to be a communitythat uses its local resources effectively and efficiently, safeguards human health and the environment, maintains a healthy and diverse economy, and improves the livability and quality of life for all its community members. The Guiding Principles include the following: • The concept of Sustainability and its effect on City policy • The protection of our natural environment and its mutual dependency on economic health and social equity • A sense of community awareness and responsibility • A prioritization of sustainability programs balanced with the costs associated with these programs The Plan would include seven categories: • Energy • Water • Air Quality • Materials and Resources • Site and Community • Open Space • Transportation Specific goals would be established for each category. For each goal, indicators would be identified to provide a means of measurement. Targets or milestones would also be identified to measure progress toward meeting the goals. These goals and targets provide the impetus for creating strategies to implement the Plan. Finally, the draft goals, indicators and implementation strategies will be developed by a technical advisory committee made up of City staff from the Departments of Planning, Building and Safety, Public Works, Information Systems, and Community Services. AB 32 Related to the Temecula's sustainable planning efforts, is the Global Warming Solutions Act of 2006, otherwise known as AB 32. AB 32 outlines a comprehensive, multi-year program to reduce green house gas emission back to 1990 levels by 2020. Led by the Air Resource Board, under the direction of the Climate Action Team, the program includes the creation of a Scoping Plan. The Scoping Plan includes strategies and measures to reduce greenhouse gas emissions. The strategies identified in the AB 32 Scoping Plan will ultimately impact local jurisdictions. The strategies within the Scoping Plan include additional energy conservation through the following measures: • Tougher building standards • Quantifying local green house gas emissions • Identifying greenhouse gas emissions reduction strategies • Linking land-use and transportation planning • Strategies to move the State toward zero-waste The strategies in the Scoping Plan will undergo further analysis in the near future. The strategies will be developed into more detailed regulatory proposals over the next few years. Like the AB 32 Scoping Plan, the Temecula Sustainability Plan will require time for staff to analyze and develop appropriate goals, indicators, and targets. Priorto the completion of the Sustainability Plan, early action strategies can be pursued by the City. The first steps includes the adoption of a voluntary green building rating system for single-family residential homes, a green building policyfor municipally owned buildings and an update to the City's Water Efficient Landscape Ordinance. {The Water Efficient Landscape Ordinance is a separate agenda item). The adoption of these preliminary strategies will help conserve energy, water and other natural resources resulting in positive benefits to the environment and the community. Green Building Programs -Residential and Municipal Buildings Staff is proposing that the City endorse the California Green Builder Program {CGB), which focuses on production single-family residential homes. The CGB Program is a voluntary program which includes a uniform set of design and construction standards. These standards allow developers and builders to qualifytheir production homes as "green" homes. The program focuses on the following categories: • Energy efficiency • Water efficiency • Advanced ventilation systems • Wood conservation • Construction waste diversion It is also recommended that the City show its commitment to Sustainability by adopting a policy to require City owned facilities be constructed using the Leadership in Energy and Environmental Design {LEED) rating system. By adopting this policy the City should emerge as a leader for sustainable building practices. It is recommended that the "LEED Certified" level of certification should be adopted as the minimum standard for all new municipal construction. These initial steps in adopting a voluntary Green Building Program for single-family residential production homes and a Municipal Green Building Policy for City owned buildings will allow staff to evaluate bringing forward recommendations for additional Green Building Program elements in the future, which could potentially include: • Incentives for builders to construct green homes/buildings • Training far plan check • Inspection/verification of green building designs and systems • Expansion of voluntary green standards for commercial buildings At the May 21, 2008 and June 18, 2008 Planning Commission meetings, the following items were discussed: • Proposed framework for the Temecula Sustainable Plan • Importance of establishing measurable goals • Residential Green Building Program and endorsement of the California Green Builder Program • Cost implications to homeowners in light of the suggested strategies under the water conservation goals • Logistical concerns of replacing inefficient waterfixtures when property changes ownership • The Municipal Green Building Program recommendation; questioning whythe City would not be required to complete the LEED certification process In light of the Commission's comments, staff indicated that the goals and strategies identified were pat staff recommendations, but were intended to provide an example of the possible structure of Sustainability Plan. Should staff recommend such a program in the future, staff would work with the water agencies, utility companies and other agencies to establish incentive programs Staff also responded to the Commission's concerns regarding LEED certification for municipal facilities indicating that staff is pursuing training and certification to review, evaluate and inspect projects. This will enable staff to determine if project has been designed and constructed to meet the green program standards used for the project. No recommendation was requested from the Planning Commission for the Temecula Sustainability Program. The Planning Commission voted 5-0 in favor of the Green Building Program recommendations. Implementation and Legislation Following the June 18, 2008 Planning Commission meeting, staff has identified several mechanisms by which the implication concerns expressed bythe Commission can potentially be addressed. One potential mechanism that will assist existing building owners is AB 811. This legislation authorizes a City to establish financing districts allowing City officials and willing property owners to enter into contractual assessments to finance the installation of energy efficiency improvements and renewable energy generation systems (solar). This bill has passed both Committees and is on its way to the Governor for signature. Staff is also evaluating a program being used by the City of Big Bear Lake and Berkley, which requires that certain improvements be made at the time the property is sold. Additionally, staff is evaluating a program that would require energy and water efficiency improvements when improvements to a property are made. This type of program is similar to one used far upgrading an existing property to be in compliance with disabled access requirements. As additional programs are identified and evaluated by staff for their cost effectiveness, they will be incorporated into the draft Temecula Sustainability Plan. The intent is to have a draft Sustainability Plan ready for Council's consideration this time next year. FISCAL IMPACT: The fiscal impacts associated with the implementation of the Temecula Sustainability Plan strategies are undetermined at this time, but will be evaluated as strategies are identified. The fiscal impact associated with the implementation of the Green Building Program includes staff training for review, inspection, and verification of proposed projects. The Planning and Building and Safety Departments have adequate funds available for staff training for the 2008109 fiscal year. The fiscal impact associated with the mandatory Municipal Green Building policy could result in annual operating cost savings to a facility. The annual operating costs will be evaluated on a case by case basis. The cost associated with the design and construction of a LEED Certified building typically does not exceed one percent of the overall project costs. ATTACHMENTS: CC Resolution Planning Commission Staff Report AB 32 Draft Scaping Plan AB 811 Draft Sustainability Plan RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENDORSING THE CALIFORNIA GREEN BUILDER PROGRAM (CGB) FOR NE1N SINGLE-FAMILY RESIDENTIAL PRODUCTION HOMES, AND REQUIRING ALL NE1N CONSTRUCTION AND ADDITIONS TO CITY OWNED FACILITIES TO BE DESIGNED AND CONSTRUCTED TO ACHIEVE A MINIMUM LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN {LEED) CERTIFIED RATING (LONG RANGE PLANNING PROJECT NUMBER LR08-0001) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The demand for resources including, but not to limited to, energy and water, have grown, and it is expected that demand for resources will continue to grow in the foreseeable future to support growing population and building needs. B. Conserving energy and water, improving air quality, reducing pollution, and conserving natural resources, reduces adverse environmental impacts. C. Green building programs reduce energy and water consumption, improve air quality, reduce pollution and conserve natural resources, which reduce adverse environmental impacts. D. Green building programs can have significant positive healthy effects and improve the living environments for occupants over the life of the building. E. The City of Temecula seeks to promote green building initiatives, policies, and construction standards that reduce energy and resource consumption, conserve water, improve air quality and conserve natural resources to reduce adverse environmental impacts. F. The City of Temecula supports the voluntary California Green Builder Program as an effective first step to help meeting community economic and environmental goals of the City. G. The voluntary California Green Builder program has established performance and prescriptive green building standards that can be easily adopted and implemented by City staff. H. The City of Temecula supports a commitment to sustainable building practices, and will provide leadership and guidance in promoting, facilitating, and instituting such practices in the community. I. The City of Temecula finds that green building design and construction decisions made by the City in the construction of City buildings can result in significant environmental benefits and cost savings over the life of the building. J. The City of Temecula also recognizes that it must lead by example in order to have the general populace follow suit and therefore commits itself to the practice of green building for new construction of city awned buildings. K. The LEED (Leadership in Energy and Environmental Design) Green Building Rating System is a voluntary, consensus-based national standard for developing high-performance, sustainable buildings. Section 2. Environmental Findings Staff has determined that this Resolution to participate in the California Green Builder program for the construction of production single-family residential homes, and to require new construction of publicly owned buildings and facilities to be constructed to the Leadership in Energy and Environmental Design Certified standard, would result in positive benefits to the environment, public health, safety and welfare of the community. The City Council hereby finds that this Resolution is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Cade of Regulations, Section 15308, Class 8 -Actions by Regulatory Agencies for Protection of the Environment. The Resolution to adopt the California Green Builder Program for production single-family residential homes, and to adopt the Leadership in Energy and Environmental Design for new construction of Municipally owned buildings will result in the conservation of energy, water, and other natural resources, resulting in positive benefits to the environment, public health, safety and welfare of the community. Section 3. Sustainable City Buildings It is the intent of the City of Temecula to plan, design, and construct its buildings in a sustainable manner approved by the City Council after the date of this Resolution. The US Green Building Council's LEED rating system and Reference Guide shall be the design and measurement tools used to determine what constitutes a sustainable building under this policy. At a minimum, the LEED Certified level certification shall apply to new construction and additions to existing buildings. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of July, 2008. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of July , 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: June 18, 2008 PREPARED BY: Dale West, Case Planner PROJECT To develop a Sustainability Action Plan (Long Range Planning SUMMARY: Project Number LR08-0007), which includes recommendations for endorsement of the California Green Builder rating system for residential homes and a Municipal Green Building Policy (LR08- 0001), and the adoption of an updated Water Efficient Landscape Design Ordinance (LR08-0002) CEQA: Categorically Exempt Section 15308 Class BACKGROUND SUMMARY On May 21, 2008, staff presented to the Planning Commission, the intent to create a Sustainability Plan for the City. As discussed, at that meeting, the Sustainability Plan is a comprehensive document that would establish measurable goals, policies and implementation strategies to reduce environmental impacts of the existing built environment and from future development. However, prior to the completion of a Sustainability Plan, early action measures can be taken by the City to improve the quality of life for its residents, such as the adoption of a green building rating system for single-family residential homes, a green building policy for municipally owned buildings, and an updated Water Efficient Landscape Ordinance. The adoption of these early action measures would help to conserve energy, water and other natural resources, and would result in positive benefits to the environment, public health, safety and welfare to the community. Following the presentation, the Commissioners emphasized the importance of creating measurable goals, and asked questions regarding the ability to quantify benefits of a Green Building Program, and emphasized the need for retrofit programs targeted at existing buildings. Additionally, the Commissioners suggested that the program have a strong public education component to it, and they emphasized the importance of verifying that a building has been built with the green standards as it was approved. Staff indicated their intent to bring back recommendations for a voluntary green building rating system for residential homes, a policy that municipal buildings be constructed with green measures incorporated into them, and an updated Water Efficient Landscape Ordinance. In the following analysis, discussion will focus on three topics: 1) creating a Sustainability Plan, 2) establishing a Green Building Program, and 3) updating the City's Water Efficient Landscape Ordinance. The discussion will be followed by the three recommendations as previously mentioned. ANALYSIS City of Temecula Sustainability Plan The Sustainability Plan is intended to act as a policy and implementation document that guides the City to think, plan, and act in a more sustainable manner, or in other words, to ensure that the City can meet its current needs (environmental, economic and social) without compromising the ability of future generations to do the same. Staff envisions the structure of the Sustainability Plan to be guided by a Mission Statement and guiding principles that provide the basis from which an effective Plan is created. The Plan would include the following goal areas: Energy, Water, Indoor Air Quality, Materials and Resources, Site and Community, and Open Space. Within each goal area, specific goals would be established which provide the impetus for creating strategies to achieve the goals. For each goal, indicators would be identified to measure progress toward meeting the goals. Baseline and future targets would be developed for the indicators in order to establish achievable milestones to measure progress towards meeting the goals. Strategies and programs would be identified and implemented, and then the success of their implementation would be determined by the success of meeting targets and milestones. Finally, the leadership and guidance for the development of a Sustainability Plan should be provided by a steering committee and a technical advisory committee. Staff's vision of a Sustainability Plan, is similar to the City of Pasadena's Green City Action Plan (attached). The creation of Pasadena's Action Plan began when the City adopted the United Nations Urban Environmental Accords. The Accords contain twenty-one specific goals within seven thematic areas: Energy, Waste Reduction, Urban Design, Urban Nature, Transportation, Environmental Health, and Water. These thematic areas are similar to the goal areas envisioned for the Temecula Sustainability Plan. As staff continues to develop a Sustainability Plan, we will look to cities like Pasadena for guidance. The creation of a Sustainability Plan will require thoughtful decisions, which take time to work through. In the meantime, there are early actions that can be taken by the City as we move forward with developing the City's Sustainability Plan. Three items, which can be acted upon before strategies are developed as part of a Sustainability Plan are, the adoption of a green building rating system for single-family homes, the adoption of a green building policy for City owned buildings, and the adoption of a Water Efficient Landscape Design Ordinance. Green Building Program On May 21, 2008, staff presented three green building rating systems to the Commission, the California Green Builder (CG B), the Build It Green-Green Point Rater (GPR), and the Leadership in Energy and Environmental Design (LEED) for Homes. Based on the discussion with the Planning Commission, review of the other programs, meetings with Western Riverside Council of Governments staff and the Building Industry Association representative, staff is recommending the City adopt the California Green Builder rating system for new residential homes as a voluntary element and the first step toward developing a Citywide Green Building Program. The California Green Builder rating system focuses on production single-family residential homes, but additional rating systems and policies can be added to expand the City's Green Building Program in the future. The California Green Builder rating system was developed by the Building Industry Institute and is endorsed by the Building Industry Association. The rating system was created for production home builders with a focus on improving energy and water efficiency, indoor air quality and comfort, on-site waste recycling, and wood conservation. Specific information regarding the protocols and certification process are attached for additional reference. The California Green Builder program elements are as follows Energy Conservation California Green Builder homes are designed and built to exceed California's Title 24 energy efficiency standards by at least fifteen percent. Special glazing is used to minimize ultraviolet rays and heat, which helps lower utility bills. The installation of higher-performance Heating, Ventilation and Air Conditioning (HVAC) systems will use less energy to cool the same amount of area as typical systems. Water Conservation California Green Builder homes use up to 20,000 gallons less water than similar, newly constructed "non green" homes. Circulating hot water systems, ultra low flow toilets and weather based irrigation controllers are used to reduce water consumption. Indoor Air Quality California Green Builder homes require Air Conditioning Contractors of America (ACCA} design protocols to ensure comfort and adequate ventilation. In addition, the use of high efficiency filters, and the use of paints, lacquers and carpets that have low or no volatile organic compounds will improve indoor air quality. Waste Diversion The California Green Builder program requires that at least fifty percent of construction waste be diverted from the landfill. Wood Conservation The California Green Builder program requires engineered wood products manufactured with feedstock primarily from sustainable forests. Certified wood products that come from forests that are overseen by the Sustainable Forestry Initiative (SFI}, American Tree Farm System {AYES), the Canadian Standards Association's Sustainable Forest Management Systems (CANICSA), or the Forests Stewardship Council (ESC) will qualify for credit under the California Green Builder program. Certification In order to determine that a home qualifies as a CGB home, third party inspection of randomly selected homes and verification of documentation by a California Green Builder Coordinator are required. Once documentation is verified and final inspections performed, the builder is entitled to use the California Green Builder logo and designate the project as a "green" subdivision or community. The Building Industry Institute has determined that the cost to implement CGB measures into a home is approximately $2,700, which includes the third party inspections and certification process. Adopting a voluntary Green Building Program for single-family residential homes is the first step toward developing a Green Building Program for the City. This initial step will allow staff to evaluate, and bring forward recommendations for additional Green Building Program elements such as, creating incentives to encourage builders to construct green homes and buildings, training for inspections and verification, and expansion of voluntary green standards for commercial buildings. Municipal Green Building Policy The City's endorsement of the CGB program and rating system is a sign that the City is moving toward becoming a sustainable City; therefore, the City should show its commitment and leadership for sustainable building practices by adopting a policy that requires all new construction of City owned facilities to be built with green building practices in mind. The Leadership in Energy and Environmental Design (LEED) rating system should be used to determine what constitutes a green facility. The LEED Certified level of certification should be the minimum standard for all new construction. In doing so, the City can show its commitment to building sustainable facilities. Water Efficient Landscape Ordinance The City first adopted Ordinance No. 94-13 on May 10, 1994, establishing water efficient landscape standards to Title 17 of the City of Temecula Municipal Cade. Since the original adoption of this Ordinance, the City has grown substantially resulting in an increased demand for water. Additionally, the water agencies are promoting water conservation in response to severe drought conditions in the western United States, and severe cutbacks of water delivery from the Sacramento Delta (see attachments). In addition to the above mentioned events, the State is currently amending their Model Water Efficient Landscape Ordinance, and will require Cities to adopt the State's Model Ordinance or an equally effective Ordinance by July 1, 2010. Staff is moving forward with this update in response to the water conservation needs and in anticipation of the State's requirements. Staff has worked with the City's landscape architect and the water agencies to draft standards that are both consistent with the Riverside County's Water Efficient Landscape Standards and the water agencies goals far water conservation. The City of Temecula's updated Water Efficient Landscape Ordinance promotes water efficient landscaping through the appropriate use of irrigation technology and management, and prescribes reasonable standards, restrictions, and requirements concerning water use in the landscaped areas. It will apply to all planning discretionary permits and any other permit when the Planning Director deems it necessary. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on June 7, 2008. ENVIRONMENTAL DETERMINATION Staff has determined that the adoption of the California Green Building rating system, the adoption of a policy that all new construction and additions to City owned facilities be designed and constructed to achieve a minimum LEED Certified rating, and the adoption of the WaterEfficient Landscape Design Ordinance are exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15308, Class 8 -Actions by Regulatory Agencies for Protection of the Environment. The adoption of the California Green Builder rating system is a voluntary program element that does not change the development standards for single-family residential homes, and proposed amendment to Title 17 of the Temecula Municipal Code improves the conservation of water resources by establishing more stringent drought tolerant and irrigation landscape standards. These actions result in the conservation of energy, water, and other natural resources, resulting in positive benefits to the environment, public health, safety and welfare of the community. RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution recommending that the City Council adopt a Resolution endorsing the California Green Builder Rating System as a first step toward establishing a Green Building Program for the City of Temecula, and that the City adopt a policy that requires all new construction and additions to City owned facilities to be designed and constructed to achieve a minimum LEED Certified rating. Staff recommends that the Planning Commission adopt City Council approve an amendment to Title 17 of the replace Chapter 17.32 entitled WaterEfficient Landscap the same name. ATTACHMENTS California Green Builder Rating Protocols City of Pasadena Green City Actian Plan Water Conservation Announcements PC Resolution -Green Building a Resolution recommending that the Temecula Municipal Code that would e Design with a new Chapter 17.32 of PC Resolution -Water Efficient Landscape Design Standards Exhibit A -Draft CC Ordinance Notice of Public Hearing :1 JUNE 2008 DISCUSSION DRAFT The California Global T~arnaing Solutions~lct of2006 ~~ _~ 't; CLIMATE CHANGE DRAFT SC~PING PLAN ~ f~~Ynewark far eh~n~e Prepared by the California Air Resources Board for the State of California Arnold Schwarzenegger Governor Linda S. Adams Secretary, California Environmental Protection flgency Mary D. Nichols Chairman,l4irResources Board James N. Coldscene Executive Officer, hir Resources Board (This Page Intentionally Blank) Table of Contents EXECUTIVE SUMMARY ........................................................................... ES-1 Reduction Goals .............................................................................................F~-1 A Clean Energy Future ................................................................................... ES-2 Preliminary Recommendation .......................................................................ES-2 A Comprehensive Approach ........................................................................... ES-3 Working with the Western Climate Initiative ................................................. ES-3 California's Economy, Environment and Public Health .................................ES-4 Evaluating the Economic Effects .............................................................................................. ES-4 State Leadership ............................................................................................ES-7 A Shared Challenge ........................................................................................ ES-8 I. INTRODUCTION: A FRAMEWORK FOR CHANGE ............................... 1 A. Background ...................................................................................................1 1. Climate Change Policy in California .........................................................................................1 2. AB 32: The Global Warming Solutions Act ............................................................................. 2 3. Climate Action Team ................................................................................................................. 3 4. Development of the GHG Emission Reduction Strategy ........................................................ 5 5. Climate Change in California .................................................................................................... 6 B. California's Greenhouse Gas Emissions and the 2020 Target ...................... 6 II. PRELIMINARY RECOMMENDATION .................................................. 9 A. The Role of the State: Setting an Example ................................................7.2 B. Emission Reduction Measures ....................................................................7.3 1. California Cap-and-Trade Program Linked to Western Climate Initiative .......................... 15 2. California Light-Duty Vehicle GHG Standards ....................................................................... 20 3. Energy Efficiency ..................................................................................................................... 21 4. Renewables Portfolio Standard ............................................................................................. 24 5. Low Carbon Fuel Standard ..................................................................................................... 25 6. High GWP Gases ...................................................................................................................... 25 7. Sustainable Forests ................................................................................................................. 27 8. Water ........................................................................................................................................ 28 9. Vehicle Efficiency Measures ................................................................................................... 29 10. Goods Movement .................................................................................................................. 29 11. Heavy/Medium-Duty Vehicles .............................................................................................. 30 12. Million Solar Roofs Program ................................................................................................ 30 13. Local Government Actions and Regional Targets .............................................................. 31 14. High Speed Rail ..................................................................................................................... 34 15. Recycling and Waste ............................................................................................................ 34 16. Agriculture ............................................................................................................................. 35 17. Energy Efficiency and Co-Benefits Audits for Large Industrial Sources ............................ 36 C. Other Measures Under Evaluation ...............................................................37 1. Other Sector-Based Measures ................................................................................................ 37 2. Carbon Fees ............................................................................................................................. 41 3. Offsets ...................................................................................................................................... 43 4. Use of Possible Revenues .......................................................................................................45 ANALYSIS: COSTS AND BENEFITS .................................................. 49 A. Criteria for Developing the Preliminary Recommendation ......................... 49 B. Summary of Potential Costs and Benefits .................................................. 51 IV. V. C. Evaluations .................................................................................................. 51 1. Economic Modeling ................................................................................................................ .51 2. Green Technology ................................................................................................................... .54 3. Cost-Effectiveness .................................................................................................................. .56 4. Potential Impact on Small Buslness ..................................................................................... .57 5. Environmental Analyses ........................................................................................................ .57 6. Public Health Analyses ........................................................................................................... .60 7. SocietallmpactsAnalyses ..................................................................................................... .61 8. Future Regulatory Analyses ................................................................................................... .61 9. Administrative Burden ........................................................................................................... .63 10. De Mlnlmis Threshold .......................................................................................................... .64 IMPLEMENTATION: PUTTING THE PLAN INTO ACTION ................... 65 A. Personal Action ........................................................................................... 65 B. Public Outreach and Education .................................................................. 66 1. Reaching Children through Schools .......................................................................................67 2. Involving the Publlc and Stakeholders In Measure Development .......................................67 3. Small and Medium-Sized Businesses ....................................................................................67 4. Workforce Readlness ..............................................................................................................68 C. Tracking Progress ....................................................................................... 6S 1. Mandatory Reporting Regulation ...........................................................................................69 2. Report Card ..............................................................................................................................69 D. Enforcement ................................................................................................70 E. State and Local Permitting Considerations ................................................ 70 F. Program Funding ......................................................................................... 71 A VISION FOR THE FUTURE ............................................................. 73 Collaboration .................................................. Working Closely with Key Partners ........................... .................. 74 ........................ 74 Research ........................................................................................................... 75 Unleash the Potential of California's Universities and Private Sector ......................................75 Publlo-Prlvate Partnershlps ..........................................................................................................75 Conclusion ........................................................................................................ 76 ACKNOWLEDGMENTS .............................................. ......... 77 Team Support ................................................................................................................................77 Advisory Commlttees ...................................................................................................................77 State Agencles ..............................................................................................................................77 APPENDICES Appendix A: AB 32: The Global Warming Solutions Act of 2006 Appendix B: List of Acronyms and Glossary Appendix C: Sector Overviews and Emission Reduction Strategies Appendix D: Draft Western Climate Initiative Recommendations Appendix E: List of Measures Appendix F: California's Greenhouse Gas Emissions Inventory Appendix G: Description of Economic Models Appendix H: Environmental Impacts (to be included with Proposed Scoping Plan) (This Page Intentionally Blank) Draft Scoping Plan EXECUTIVE SUMMARY Executive Summary Califomia strengthened its commitment to develop a comprehensive approach to address climate change when Governor Schwarzenegger signed Assembly Bi1132, the Global Warming Solutions Act of 2006 (Nunez, Chapter 488, Statutes of 2006). By requiring in law a reduction in greenhouse gas emissions to 19901evels by 2020, California set the stage for its transition to a clean energy future. This historic step helped put climate change on the national agenda, and has spurred action by many other states. The Califomia Air Resources Board (ARB) is the lead agency for implementing AB 32, which set the major milestones for establishing the program. ARB met the first milestones in 2007: developing a list of early actions to begin sharply reducing greenhouse gas emissions; assembling an inventory of historic emissions; and establishing the 2020 emissions limit. ARB must develop a Scoping Plan to lower the state's greenhouse gas emissions to meet the 2020 limit. This Draft Scoping Plan, developed by ARB with input from the Climate Action Team, proposes a comprehensive set of actions designed to reduce overall carbon emissions in California, improve our environment, reduce our dependence on oil, diversify our energy sources, save energy, and enhance public health while creating new jobs and enhancing the growth in California's economy. ARB will revise this Draft Plan based on continuing analysis and public input, and will take the Proposed Scoping Plan, which will be released in early October, to the Board for consideration at its meeting in November, 2008. The measures in the Scoping Plan adopted by the Board will be developed over the next three years and be in place by 2012. Reduction Goals This Draft Plan calls for an ambitious but achievable reduction in California's carbon footprint. Reducing greenhouse gas emissions to 19901evels means cutting approximately 30 percent from business-as-usual emission levels projected for 2020, or about 10 percent from today's levels. On aper-capita basis, that means reducing our annual emissions of 14 tons of carbon dioxide for every man, woman and child in California down to about 10 tons per person by 2020. This challenge also presents a magnificent opportunity to transform California's economy into one that runs on clean and sustainable technologies, so that all Californians are able to enjoy their rights to clean air, clean water, and a healthy and safe environment. Significant progress can be made toward the 2020 goal relying on existing technologies and improving the efficiency of energy use. A number of the solutions are "off the shelf," and many -especially investments in energy conservation and efficiency -have proven economic benefits. Other solutions involve improving our state's infrastructure, transitioning ES-1 Executive Summary Draft Scoping Plan to cleaner and more secure sources of energy, and adopting 21~ century land use planning and development practices. A Clean Energy Future Getting to the 2020 goal is not the end of the State's effort. According to climate scientists, California and the rest of the developed world will have to cut emissions by 80 percent from today's levels to stabilize the amount of carbon dioxide in the atmosphere and prevent the most severe effects of climate change. This long range goal is reflected in Executive Order S-3-05 that requires an 80 percent reduction of greenhouse gases from 1990 levels by 2050. Reducing our greenhouse gas emissions by 80 percent will require California to develop new technologies that dramatically reduce dependence on fossil fuels, and shift into a landscape of new ideas, clean energy and green technology. The measures and approaches in this Draft Plan are designed to accelerate this necessary transition, promote the rapid development of a cleaner, low-carbon economy, create vibrant livable communities, and improve the ways we travel and move goods throughout the state. This is the firm commitment that California is making to the world, to its children and to future generations. Preliminary Recommendation The preliminary recommendation in this Draft Plan has been developed by ARB staff after considering public comment and input from the Climate Action Team, the Environmental Justice Advisory Committee (EJAC), the Economic and Technology Advancement Advisory Committee (ETAAC), and the Market Advisory Committee (MAC). The Proposed Plan, which will be released in October, 2008, will be based on additional staff modeling and analysis, consideration of public comment on the Draft Plan, recommendations from the advisory committees and other experts. All of the measures in the Proposed Plan will be analyzed for the impacts they will have on the economy, public health and the environment, including effects on low-income communities. The Proposed Plan will have a 45-day comment period before the Board considers adoption at its November meeting. The Scoping Plan, even after Board approval, will remain a plan. The measures in the Scoping Plan must be adopted through the normal rnlemaking process, with the necessary public input. Key elements of ARB's preliminary recommendation for reducing California's greenhouse gas emissions to 19901evels by 2020 include: • Expansion and strengthening of existing energy efficiency programs and building and appliance standards; • Expansion of the Renewables Portfolio Standard to 33 percent; • Development of a California cap-and-trade program that links with other WCI Partner programs to create a regional market system; • Implementation of existing State laws and policies, including California's clean car standards, goods movement measures, and the Low Carbon Fuel Standard; • Targeted fees to fund the State's long-term commitment to AB 32 administration. The complete list of recommended measures is shown in Table 2 of the main text. ES-2 Draft Scoping Plan A Comprehensive Approach Executive Summary Meeting the goals of AB 32 will require a coordinated set of solutions to reduce emissions throughout the economy. The preliminary recommendation includes a mix of strategies that combine market mechanisms, regulations, voluntary measures, fees, and other policies and programs to reduce greenhouse gas emissions. Many of the measures complement one another, and provide a comprehensive framework of emissions accounting, tracking, and enforcement. For instance, the Low Carbon Fuel Standard, which reduces the carbon intensity of transportation fuels sold in California, will complement technology-forcing regulations designed to reduce greenhouse gas emissions from cars and trucks. Improvements in land use and the ways we grow and build our communities will further reduce emissions from the transportation sector. Many of the measures build on highly successful long-standing practices in California, such as energy efficiency and use of renewable energy resources, that can be accelerated and expanded. Increasing the amount of energy we get from renewable energy sources, including placing solar arrays and solar water heaters on houses throughout California, will be supported by an increase in building standards for energy efficiency. Other measures address the transport and treatment of water throughout the state, lower greenhouse gas emissions from ships in California's ports, and make changes to agricultural and forestry practices. Some measures address ways to safely reduce or recover a range of very potent greenhouse gases, including refrigerants and other industrial gases, that contribute to global warming at a level many times greater per ton emitted than carbon dioxide. The preliminary recommendation places 85 percent of California's total greenhouse gas emissions under a declining emissions cap by 2020, which will reduce emissions from the covered sectors by almost 30 percent from business as usual. Many of the emission sources covered within this cap-and-trade program are also addressed under other recommended measures, which will account for a majority of the reductions needed to comply with the cap. Sources within the cap-and-trade program will need to meet other regulatory requirements, but will then have the flexibility to reduce emissions further or purchase allowances to cover their compliance obligations. Initial reductions in greenhouse gases, beginning as early as 2010, will be achieved by new and existing regulations and other measures. By 2012, the cap-and-trade program will begin delivering reductions, and by 2020 it will achieve a significant portion of the required reductions under AB 32. Beyond 2020, all the mechanisms, including cap and trade and innovations in technology, will be needed to meet California's long-term greenhouse gas reduction goals. Working with the Western Climate Initiative California is working closely with six other states and three Canadian provinces in the Western Climate Initiative (WCI) to design a regional greenhouse gas emission reduction program that includes acap-and-trade approach. ARB will develop acap-and-trade program for California that will link with the programs in the other partner states and provinces to create this western regional market. California's participation in WCI creates an opportunity to provide substantially greater reductions in greenhouse gas emissions from throughout the region than could be achieved by California alone. The larger scope of the program also ES-3 Executive Summary Draft Scoping Plan expands the market for clean technologies and helps avoid leakage, that is, the shifting of emissions from sources within California to sources outside the state. ARB will continue to work with WCI partners to ensure that the final program design provides real and enforceable emission reductions in the region. ARB will also design the California program to meet the requirements of AB 32, including the need to address potential localized impacts, ensure market security (avoid gaming), and ensure enforceability. Significant technical work and consensus building remain before the WCI partners agree on the design of a regional market program. The creation of a robust regional trading system can complement the other policies and measures included in this Draft Plan, and provide the means to achieve the emission reductions needed from a wide range ofsectors ascost-effectively as possible. California's Economy, Environment and Public Health The Scoping Plan is designed to maximize the total benefits that can accompany the transition to a clean energy economy. California has a long and successful track record of implementing environmental policies that also deliver economic benefits. ARB is continuing to conduct economic modeling, including impacts on low-income households, and evaluation of related public health and environmental benefits for the measures under evaluation. The results of this ongoing analysis will be provided as a supplemental report in the summer of 2008. These results will be used to refine the overall program design, including identifying any economic, environmental and public health safeguards that should be included in the Plan. Evaluating the Economic Effects ARB has developed preliminary estimates of the costs and savings of the various measures considered in this Draft Plan. These estimates indicated that the overall savings from improved efficiency and developing alternatives to petroleum will, on the whole, outweigh the costs. This balance is largely driven by current high energy costs and the degree to which measures increase energy efficiency throughout the economy and move California toward ultimately cheaper alternatives to fossil fuels. Summary information on costs is included in the measure descriptions in Appendix C. The economic modeling completed to date is preliminary and does not reflect all measures under evaluation. These estimates will be further refined as the evaluation is completed during the coming months, and ARB will provide a supplement to this Draft Plan with the results of the economic and other evaluations later this summer. The potential costs of implementing the Plan pale beside the cost of doing nothing. Looking globally, the Stern Review issued by the Treasury of the United Kingdom estimated that "...if we don't act, the overall costs and risks of climate change will be equivalent to losing at least five percent of global [gross domestic product (GDP)] each year, now and forever. If a wider range of risks and impacts is taken into account, the estimates of damage could rise to 20 percent of GDP or more. In contrast, the costs of action -reducing greenhouse gas emissions to avoid the worst impacts of climate change - can be limited to around one percent of global GDP each ES-4 Draft Scoping Plan Executive Summary year."i Programs to reduce greenhouse gases under AB 32 are a prudent investment in the future, addressing future costs and significant environmental risks. California is particularly vulnerable to the costs associated with unmitigated climate change. A warming California climate would generate more smoggy days by contributing to ozone formation while also fostering more large brush and forest fires. Continued increases in global emissions at business-as-usual rates would result in California losing 90 percent of the Sierra snow pack, sea level rising by more than 20 inches, and heat wave days increasing three- to four-fold by late in the century. These impacts will translate into real costs to California. A 12-inch sea level rise by 2050 would translate into $1.2 billion in levee improvements needed in the San Francisco Bay Delta and the San Joaquin Valley.3 Water supply costs due to scarcity and increased operating costs would increase by as much as $689 million per year by 2050.4 Due to snow pack loss, California's winter sports businesses would shrink by $1.4 billion annually by 2050, and lose 14,500 jobs, and many other sectors of California's economy would suffer. California cannot avert these impacts of global climate change by acting alone, but failing to act now will slow action around the world. The costs of implementing the Scoping Plan will be a necessary investment in California's future and will spur action in other states and at the federal level. Providing Savings for Households and Businesses The Plan's emphasis on increasing energy efficiency throughout the economy will help mitigate impacts from the likely moderate increases in the prices of energy and fuels that result from moving away from more polluting fuels. More efficient homes and buildings that require less energy to heat and cool, and cars and trucks that use less fuel will result in utility bills and vehicle fuel costs that are below the projected rise in actual fuel prices and energy rates. Revenues generated as part of the program could also be distributed in a way to substantially mitigate any price increases. The Plan will build on California's 30-year track record of pioneering energy efficiency programs that have already delivered significant savings to California's customers. Energy efficiency will continue to provide significant savings that can be reinvested into the California economy. California's energy efficiency policies, including standards, research and development, and utility programs, have helped hold per capita electricity use constant while in the U.S. as a whole per-capita electricity has use increased by nearly 80 percent since the mid-1970s.5 Under the Plan, homeowners can achieve electricity savings between 1,500 and 1,800 kWh per year for older and newer homes, respectively, and over 300 therms of natural gas per ' Stern, N. (2006). The Economics of Climate Change: The Stem Review. Cambridge, UK: Cambridge University Press. ~ Our Changing Climate: Assessing the Risks to California (2006), www.climatechange.ca.gov 3 Jeffrey Mount, professor of geology at UC Davis. "Climate Warming and Water Supply Management in California," California Climate Change Center March 2006 CEC-500-2005-195-SF,pp. 13-14. s Commissioner Art Rosenfeld, California Energy Commission Presentation, "California's Success in Energy Efficiency and Climate Change: Past and Future," May 24, 2007. ES-5 Executive Summary Draft Scoping Plan year. This will be accomplished through improving energy efficiency by 25 percent.b These energy efficiency improvements translate into savings of about $200 per year for the average homeowner. Over the past three decades, California consumers have saved more than $50 billion from appliance and building efficiency policies alone. Business owners will benefit, too. By upgrading existing facilities to improve energy efficiency, they can save approximately $0.60 per square foot, reducing per-square- foot energy costs (currently $1.50 to $2.50$) by as much as 40 percent. Similarly, if commercial buildings in California adopted measures to save water equivalent to current energy efficient building guidelines, buildings would save an additional $0.10 per square foot annually.9 Similar savings can be achieved in the transportation sector. By reducing greenhouse gas pollution from more efficient and alternatively-fueled cars and trucks under California's clean car laws (the Pavley greenhouse gas standards), consumers will save on operating costs through reduced fuel use. Although cars will be marginally more expensive, owners will be paid back with savings over the lifetime of the car, and the average new car buyer will have an extra $30 each month for other expenditures. Driving Investment and Job Growth Addressing climate change also provides a strong incentive for investment in California. California's leadership in environmental and energy efficiency policy has already helped attract a growing share of the nation's venture capital investment in green technologies. As California continues to improve on its environmental record with programs under AB 32, this is very likely to continue. According to statistics from PriceWaterhouseCoopers and the National Venture Capital Association, California's share of national venture capital investment in innovative energy technologies more than tripled from 1995 to 2007. In 2006, approximately 40 percent of all clean tech venture capital investment was made in California, just over $1 billion. These investments in building a new clean tech sector also translate directly into job growth. A study by UC Berkeley's Energy and Resources Group and Goldman School of Public Policy found that investments in green technologies produce jobs at a higher rate than investments in comparable conventional technologies.10 And the National Venture Capital Association estimates that each $100 million in venture e Projections based on average electricity and gas usage per Califomia household Califomia Energy Commission, "Options for Energy Efficiency in Existing Buildings," Publication 400-2005-039-CMF. ~ Energy Information Administration (EIA), Annual Energy Review 2006, DOE/EIA-0384(200 (Washington, DC, June 2007) and supporting databases. e http://www.cool-companies.org/profits/ v http://www.earth-policy. org/Updates/2007/Update64.htm i° Kammen, D, Kapadia, K. & Fripp, M. "Putting Renewables to Work: How Many Jobs Can the Clean Energy Industry Generate?" Energy and Resources Group/Goldman School of Public Policy at University of California, Berkeley, 2004 ES-6 Draft Scoping Plan Executive Summary capital funding helps create 2,700 jobs, $500 million in annual revenues for two decades and many indirect jobs.ll Green technology businesses are already contributing to California's economy. According to the California Green Innovation Index (2008), between 1990 and 2006 green technology businesses in California grew by 84 percent.lZ Much of this growth came in the solar energy, energy efficiency and green transportation sectors. By creating a policy landscape that favors low-carbon energy and efficient technology, the implementation of AB 32 will accelerate this trend. Improving Public Health The Plan will also provide a wide range of public health and environmental benefits anticipated from reducing greenhouse gases. Preliminary analysis indicates that the total economic value associated with public health benefits is likely to be on the order of $2 billion in 2020. The estimated reduction of combustion-generated soot (PM 2.5) associated with the recommended regulatory measures is 10 tons per day, and the estimated reduction of oxides of nitrogen (a precursor to smog) total 50 tons per day. These reductions in harmful air pollution lead to the following estimated health benefits in 2020: • 340 fewer premature deaths • 9,400 fewer cases of asthma-related and other lower respiratory symptoms • 780 fewer cases of acute bronchitis • 57,000 fewer work days lost • 330,000 fewer restricted activity days State Leadership California is committed to once again lead and support a pioneering effort to protect the environment and improve public health while maintaining a vibrant economy. Every agency, department and division will bring climate change considerations into its policies, planning and analysis, building and expanding current efforts to green its fleet and buildings, and managing its water and natural resources and infrastructure to reduce greenhouse gas emissions. In all these efforts, California is exercising a leadership role in global action to address climate change. It is also exemplifying the essential role states play as the laboratories of innovation for the nation. As California has done in the past in addressing emissions that caused smog, the State will continue to develop innovative programs that benefit public health and improve our environment and quality of life. ii Global Insight, National Venture Capital Association, "Venture Impact 2004: Venture Capital Benefits to the U.S. Economy," 2004 iz Next 1 Q "California Green Innovation Index, 2008 Inaugural Issue," 2008, p.48 ES-7 Executive Summary A Shared Challenge Draft Scoping Plan Californians are already responding to the challenge of reducing greenhouse gases. Over 100 California cities and counties have signed onto the U. S. Conference of Mayors Climate Protection Agreement13 and many have established offices of climate change and are developing comprehensive plans to reduce their carbon footprint. Well over 300 companies, municipalities, organizations and corporations are members of the California Climate Action Registry, reporting their greenhouse gas emissions on an annual basis. Many other businesses and corporations are making climate change part of their fiscal and strategic planning. ARB encourages these initial efforts and has set in place a policy to support and encourage other voluntary early reductions. Successful implementation of AB 32 will depend on a growing commitment by a majority of companies to include climate change as an integral part of their planning and operations. Individuals and households throughout the state will also have to take steps to consider climate change at home, at work and in their recreational activities. To support this effort, the Draft Plan includes a comprehensive statewide outreach program to provide businesses and individuals with the widest range of information so they can make informed decisions about reducing their carbon footprint. Californians will not have to wait for decades see the benefits of aloes-carbon economy. New homes can achieve a near zero-carbon footprint with better building techniques and existing technologies, such as solar arrays and solar water heaters. Many older homes can be retrofit to use far less energy than they currently consume. Anew generation of vehicles, including plug-in hybrids, is poised to appear in dealers' showrooms, and the development of the infrastructure to support hydrogen fuel cell cars continues. Cities and new developments will be more walkable, public transportation will improve, and high-speed rail will give travelers a new, clean transportation option. That world is just around the corner. What lies beyond is even more exciting. Where will California be in 2050? By harnessing the ingenuity and creativity of our society and sparking the imagination of the next generation, California will make the transition to a clean-energy, low-carbon society and become a healthier, cleaner place to live. Release of the Draft Scoping Plan is a major milestone in the development of the Proposed Scoping Plan. This summer, ARB will release an evaluation supplement which will provide the results of the economic, environmental and public health evaluations of the Draft Scoping Plan. Throughout the summer, ARB will hold workshops and community meetings statewide to solicit public comment on the Draft Plan and the evaluation supplement. ARB will release the Proposed Scoping Plan in early October for consideration at the November Board meeting. The Proposed Plan will be shaped by the public input on this Draft Plan. Once the Scoping Plan is approved the Board, the State has two years to develop and adopt regulations to implement the Plan. This regulatory development will follow normal rnlemaking processes with focused workshops and stakeholder involvement for each measure. i3 http://www.usmayors.org/climateprotection/agreement.htm ES-8 Draft Scoping Plan Executive Summary This Draft Plan offers a preliminary recommendation on how best to achieve the goals of AB 32. ARB invites comment and input from the broadest array of the public and stakeholders in the coming months as this Plan is finalized. Your participation will help craft California's framework for the future. ES-9 (This Page Intentionally Blank) Draft Scoping Plan I. Introduction I. INTRODUCTION: A Framework for Change California strengthened its commitment to address climate change when Governor Schwarzenegger signed Assembly Bill 32, the Global Warming Solutions Act of 2006 (Nunez, Chapter 488, Statutes of 2006). Because of the need for immediate and effective action to counter the growing threat of global warming, the legislation sets forth an aggressive timetable for achieving results. Virtually every sector of California's economy will play a role in reducing greenhouse gases. Central to the success of AB 32 is the development of the Scoping Plan, which will lay out the comprehensive approach that California will take to address climate change while protecting and improving public health and helping the economy flourish. As the lead agency for implementation of AB 32, the Air Resources Board (ARB) has undertaken amulti-track series of meetings, workshops, and seminars with stakeholders to get the Plan to this point. This process will continue, with workshops and seminars planned throughout the summer. AB 32 embodies the idea that California's economy, the eighth largest in the world,14 can continue to grow and flourish while reducing its greenhouse gas emissions and meeting the long-standing goal of healthy air. Achieving these goals will involve every sector of the state's $1.7 trillion economy and touch the lives of every Californian. Release of this Draft Scoping Plan is a key step in this unprecedented initiative. ARB invites full participation, and will consider public input in the development of the Proposed Scoping Plan that ARB will release in early October 2008. The Board will consider the Proposed Scoping Plan for adoption at its November meeting. A. Background 1. Climate Change Policy in California California first addressed climate change in 1988 with the passage of AB 4420 (Sher, Chapter 1506, Statutes of 1988) directing the California Energy Commission (CEC) to study global warming impacts to the state and develop an inventory of greenhouse gas emission sources. In 2000, SB 1771 (Sher, Chapter 1018, Statutes of 2000) established the California Climate Action Registry to allow companies, cities and government agencies to voluntarily record their greenhouse gas emissions in anticipation of a possible program that would allow them to be credited for early reductions. is Legislative Analyst's Office. Cal Facts 2006. www.lao.ca.gov/2006/cal facts/2006_calfacts_econ.htm 1 I. Introduction Draft Scoping Plan In 2001 the United Nations' Intergovernmental Panel on Climate Change (IPCC) reported that "there is new and stronger evidence that most of the warming observed over the last 50 years is attributable to human activities." The following year, AB 1493 (Pavley, Chapter 200, Statutes of 2002) was signed, requiring the Air Resources Board to develop regulations to reduce greenhouse gas emissions from vehicles sold in California The governors of California, Washington, and Oregon adopted a Global Warming Initiative in 2003 with provisions for the states to work together on climate change related programs. Two years later Governor Schwarzenegger signed Executive Order S-3-05, calling for the state to reduce greenhouse gas emissions to 1990 levels by 2020 and to reduce greenhouse gas emissions to 80 percent below 1990 levels by 2050. The 2020 goal was established to be an aggressive, but achievable, mid-term target, and the 2050 greenhouse gas emissions reduction goal represents the level scientists believe is necessary to reach levels that will stabilize climate. In 2006, SB 1368 (Perata, Chapter 598, Statutes of 2006) created important greenhouse gas performance standards for new long-term financial investments in base-load electricity generation serving California customers. 2. AB 32: The Global Warming Solutions Act In 2006, the Legislature passed and Governor Schwarzenegger signed Assembly Bill 32, the Global Warming Solutions Act of 2006 (Nunez, Chapter 488, Statutes of 2006), which set the 2020 greenhouse gas reduction goal into law. It directed ARB to begin developing early actions to reduce greenhouse gases while also preparing a Scoping Plan to identify how best to reach the 2020 limit. The measures and regulations to meet the 2020 target are to be in effect by 2012. AB 32 is as a groundbreaking measure that represents a turning point for California, setting in place statutory deadlines to change forever the business-as-usual approach to greenhouse gas emissions. AB 32 includes a number of specific requirements for ARB: • Identify the statewide level of greenhouse gas emissions in 1990 to serve as the emissions limit to be achieved by 2020 (Health and Safety Code (HSC) §38550). In December of 2007, the Board approved this 2020 emission limit of 427 million metric tons of carbon dioxide (COz) equivalents (MMTCOzE) of greenhouse gases. Adopt a regulation requiring the mandatory reporting of greenhouse gas emissions (HSC §38530). In December 2007, the Board adopted a regulation requiring the largest industrial sources to report and verify their greenhouse gas emissions. The reporting regulation serves as a solid foundation to determine greenhouse gas emissions and track future changes in emission levels. Identify and adopt regulations for Discrete Early Actions that could be enforceable on or before 2010 (HSC §38560.5). The Board identified 44 Early Action measures including potential regulations affecting landfills, motor vehicle 2 Draft Scoping Plan I. Introduction fuels, refrigerant in cars, port operations and many other sources in 2007, including nine Discrete Early Action measures for which the Board will adopt regulations by the end of 2009. The Board has already approved a Discrete Early Action measure to require electrification aY ports, and will consider a greenhouse gas measure for consumer products in June 2008. Regulatory development for the remaining measures is on-going. Ensure early voluntary reductions receive appropriate credit in the implementation of AB 32 (HSC §38561(f), HSC §38562(b)(3)). In February 2008, the Board approved a policy statement encouraging voluntary early actions and establishing a procedure for project proponents to submit quantification methods to be evaluated by ARB. Staff is working with California's local air quality districts and the California Climate Action Registry to implement this program. Voluntary programs are discussed further in Chapter II under the Role of Offsets and in Chapter IV under Personal Action. Convene an Environmental Justice Advisory Committee (EJAC) to advise the Board in developing the Scoping Plan and any other pertinent matter in implementing AB 32 (HSC §38591). EJAC has met ten times since early 2007, providing comments on the proposed Early Action measures and the development of the Scoping Plan. ARB will continue to work with EJAC over the neat several months as ARB develops the final staff recommendation for the Proposed Scoping Plan. Appoint an Economic and Technology Advancement Advisory Committee (ETAAC) to provide recommendations for technologies, research and greenhouse gas reduction measures (HSC §38591). After ayear-long public process, ETAAC submitted a report of their recommendations to the Board in February 2008. ETAAC plans to review and provide comments on the Draft Scoping Plan. 3. Climate Action Team Executive Order S-3-05 also established the Climate Action Team (CAT) for State agencies in 2005. Chaired by the Secretary of the California Environmental Protection Agency (CaIEPA), the CAT has helped to direct State efforts on greenhouse gas reductions and engage key State agencies. The input from the CAT has provided the State with a starting point on how to achieve its goals. Based upon numerous public meetings and the review of thousands of submitted comments, the CAT released its first report in March 2006, identifying key carbon reduction recommendations for the Governor and Legislature. In April 2007, the CAT released a second report, "Proposed Early Actions to Mitigate Climate Change in California," which details numerous strategies that should be initiated prior to the 2012 deadline for other climate action regulations and efforts. State agencies are moving ahead on many of these Early Actions. In October 2007, the CAT released the report, "Updated Macroeconomic Analysis of Climate Strategies," providing an update of the macroeconomic analysis presented in the March 2006 CAT report to Governor Schwarzenegger and the Legislature. This 3 I. Introduction report updates the climate strategies presented in the 2006 CAT report and refined methodologies for analyzing the strategies and estimating macroeconomic impacts. ARB worked closely with the CAT, the CAT sector subgroups, and staff from other State agencies to develop this Draft Scoping Plan. Input from the CAT subgroups was then compiled, evaluated and analyzed by ARB staff. Draft Scoping Plan Climate Action Team Members There are 12 subgroups ' within the CAT, nine that address specific economic sectors, and three that were formed to analyze broad issues related to implementing amulti-sector approach to greenhouse gas reduction efforts. The CAT subgroups include: Agriculture, Cement, Energy, Forest, Green Buildings, Land Use, Recycling and Waste Management, State Fleet, and Water-Energy. The members of these subgroups are drawn from departments that work with or regulate industries in the sector. (Some subgroups adopted different names to more closely match their roles.) All of the subgroups held public meetings and solicited public input, and many had multiple public workshops, before recommending potential measures to ARB for consideration in this Draft Plan. Early in 2008, ARB staff provided a guidance document to ensure that recommendations from the subgroups were submitted under a uniform protocol. In March 2008, the subgroups collectively submitted more than 100 greenhouse gas reduction measures to ARB for consideration in this Draft Scoping Plan. Many of the CAT subgroup recommendations are reflected in the measures to reduce emissions from energy production and use. For example, through the Energy Subgroup, the CEC and the California Public Utilities Commission (CPUC) are conducting a joint proceeding to provide recommendations on how best to address electricity and natural gas in implementation of AB 32, including evaluation of how the Electricity sector might best participate in acap-and-trade program. The two Commissions forwarded interim recommendations to ARB in March that supported inclusion of the Electricity sector in amulti-sector cap-and-trade program, and measures to increase the penetration of energy efficiency programs in both buildings and appliances and to increase renewable energy sources. ARB has considered those recommendations in developing the preliminary recommendation in this Draft Plan, and expects to receive additional input this summer that will be considered for the Proposed Scoping Plan that will be released in October, 2008. California Environmental Protection Agency Business, Transportation and Housing Agency Resources Agency State and Consumer Services Agency Governor's Office of Planning and Research Air Resources Board California Energy Commission California Public Utilities Commission Department of Food and Agriculture Department of Forestry and Fire Protection Department of General Services Department of Parks and Recreation Department of Transportation Department of Water Resources Integrated Waste Management Board State Water Resources Control Board 4 Draft Scoping Plan I. Introduction Other subgroups have also provided recommendations that affect the use of electricity and natural gas. The Water-Energy Subgroup recommendations for increased water recycling are reflected in the Electricity and Commercial and Residential sectors. Recommendations from the Agriculture, Forest, and Recycling and Waste Management Subgroups include using agricultural, forest, and waste byproducts to generate electricity and/or transportation fuels. Recommendations from the Green Buildings Subgroup are aimed at making our buildings more energy efficient, environmentally-friendly and sustainable. The Land Use Subgroup tackled the historically challenging problem of encouraging better land-use planning and transportation design. After an extensive stakeholder process, the Land Use Subgroup provided numerous recommendations to ARB, which provide the foundation for the recommendations in this Draft Plan. The Cement Subgroup's recommendations also helped design measures considered for the Cement sector. ARB is continuing to work closely with the State Fleet Subgroup as part of the State of California's overall effort to ensure that state government leads by example. There are three subgroups which are not sector-specific The Economic Subgroup reviewed cost information associated with potential measures that were included in the 2006 CAT report. The Scenarios Subgroup is developing a report on the impacts of climate change and potential adaptation strategies. The newly-formed Research Subgroup is working on an upcoming CAT report to the Governor. The goals of the Research Subgroup are to coordinate climate change research and identify opportunities for collaboration. 4. Development of the GHG Emission Reduction Strategy In developing this Draft Scoping Plan, ARB also considered the State's existing climate change policy initiatives, the Early Action measures identified by the Board, the recommendations of the Economic and Technology Advancement Advisory Committee, the Environmental Justice Advisory Committee, the Market Advisory Committee, input from the CAT Subgroups, submittals to a public solicitation, written public comments, and numerous comments received during public workshops, workgroup meetings, community meetings, and meetings with stakeholder groups. ARB convened workshops on the Scoping Plan and workgroup meetings focused on program design and economic analysis. Also, ARB and other involved State agencies held sector-specific technical workshops to look in greater detail at potential emission reduction measures. Through the summer of 2008, further public comment will be solicited. ARB will hold a series of workshops around the state and meetings with stakeholders. Community meetings will be held to solicit input from residents of regions that have the most significant exposure to air pollutants, including communities with minority and/orlow-income populations. Based on consideration of public input and further analysis, ARB will revise the Draft Plan, and will release the Proposed Scoping Plan 5 I. Introduction Draft Scoping Plan in early October, 2008, that will be considered for adoption by the Board at its November meeting. The Scoping Plan, even after Board approval, will remain a plan. The measures in the Scoping Plan must be adopted through the normal rulemaking process, with the necessary public input. In some cases, legislative action maybe necessary. 5. Climate Change in California AB 32, and the actions proposed in this Draft Plan, focus on reducing California's contributions to global warming. In the Findings and Declarations for AB 32, the Legislature found that: "The potential adverse impacts of global warming include the exacerbation of air quality problems, a reduction in quality and supply of water to the state from the Sierra snowpack, a rise in sea levels resulting in the displacement of thousands of coastal businesses and residences, damage to the marine ecosystems and the natural environment, and an increase in the incidences of infectious diseases, asthma, and other health-related problems." The Legislature further found that global warming would cause detrimental effects to some of the state's largest industries, including agriculture, winemaking, tourism, skiing, commercial and recreational fishing, forestry, and the adequacy of electrical power. The impacts of global warming are already being felt in California. The Sierra snowpack, an important source of water supply for the state, has shrunk 10 percent in the last 100 years. It is expected to continue to decrease by up to 25 percent by 2050. World-wide changes are causing sea levels to rise -about 8 inches of increase has been recorded at the Golden Gate Bridge over the past 100 years -threatening low coastal areas with inundation and serious damage from storms. The Scenario Subgroup of the CAT is currently developing a report on climate change impacts to be released later this year. B. California's Greenhouse Gas Emissions and the 2020 Target California is the fifteenth largest emitter of greenhouse gases on the planet, representing about two percent of the worldwide emissions. Although carbon dioxide is the largest contributor to climate change, AB 32 references six greenhouse gases: carbon dioxide (COz), methane (CH4), nitrous oxide (Nz0), sulfur hexafluoride (SF6), hydrofluorocarbons (HFCs), and perfluorocarbons (PFCs). Many other gases contribute to climate change and are also being addressed by some measures in this Draft Scoping Plan. Figure 1 and Table 1 show 2002 to 2004 average emissions and estimates for projected emissions in 2020 without any greenhouse gas reduction measures (business-as-usual case). The 2020 forecast does not take credit for reductions from 6 Draft Scoping Plan I. Introduction the Pavley greenhouse gas emission standards for vehicles or from full implementation of the Renewables Portfolio Standard. Credit for these programs is accounted for as Plan measures. Additional information about the assumptions in the 2020 forecast is provided in Appendix F. Figure 1: California's Greenhouse Gas Emissions (2002-2004 Average}15 Hig: Recycling and W Industry, 20°/a Commercial Residential, 'ransportation, 38% As seen in Table 1, the Transportation sector -largely the cars and trucks that move goods and people - is the largest contributor with 38 percent of the state's total greenhouse gas emissions. Table 1 also shows that if we take no action, greenhouse gas emissions in the Transportation sector are expected to grow by approximately 25 percent (an increase of 46 MMTCOZE). The Electricity and Commercial/Residential Energy sector is the next largest contributor with over 30 percent of the greenhouse gas emissions. Although electricity imported into California accounts for only about 22 percent of our electricity, imports contribute nearly half of the greenhouse gas emissions from electricity because much of the imported electricity is generated at coal-fired power plants. AB 32 specifically requires ARB to address emissions from electricity sources both inside and outside ofthe state. California's Industrial sector includes refineries, oil and gas production, food processors, and other large industrial sources. This sector contributes almost 20 percent of California's greenhouse gas emissions, but the sector's emissions are not projected to grow significantly in the future. Greenhouse gas emissions from is Source: ARB Inventory 7 Electricity, 23% I. Introduction Draft Scoping Plan recycling and waste also are expected to grow substantially, but are expected remain a relatively small part of the state's overall emissions through 2020. Although high global warming potential (GWP) gases are a small contributor to the historic greenhouse gas emissions, levels of these gases are projected to increase sharply over the next several decades, making them a significant source by 2020. The Forest sector is unique in that forests both emit greenhouse gases and uptake CO2. While the current inventory shows forests as a sink of 4.7 MMTCOZE, carbon sequestration has declined since 1990. For that reason, the 2020 projection assumes no net emissions from forests. The agricultural greenhouse gas emissions shown are largely methane emissions from livestock, both fiom the animals and their waste. Emissions of greenhouse gases fi•om fertilizer application are also important contributors from the Agricultural sector. ARB has begun a research program to better understand the variables affecting these emissions. Opportunities to sequester COZ in the Agricultural sector may also exist; however, additional research is needed to identify and quantify potential sequestration benefits. In December 2007, ARB approved a greenhouse gas emissions target for 2020 equivalent to the state's calculated greenhouse gas emissions level in 1990 (HSC §38550). ARB developed the 2020 target after extensive technical work and a series of stakeholder meetings. The 2020 target of 427 MMTCOZE requires reductions of 169 MMTCOZE, or approximately 30 percent, from the state's projected 2020 emissions of 596 MMTCOZE (business-as-usual) and reductions of 42 MMTCOZE, or almost 10 percent, from 2002-2004 average emissions. Table 1: 2002-2004 Average Emissions and 2020 Projected Emissions16 (MMTC02E) Sector 2002-2004 Average Emissions Projected 2020 Emissions Transportation 179.3 225.4 Electricity 109.0 139.2 Commercial and Residential 41.0 46.7 Industry 95.9 100.5 Recycling and Waste 5.6 7.7 High GWP 14.8 46.9 Agriculture 27.7 29.8 Forest Net Emissions -4.7 0 Emissions Total 469 596 16 Ibid. 8 Draft Scoping Plan II. Preliminary Recommendation II. Preliminary Recommendation Achieving the goals of AB 32 will require a wide range of approaches, with emission reductions needed from throughout the California economy. The comprehensive greenhouse gas emissions inventory, compiled by ARB in 2007, lists emission sources ranging from the largest refineries and power plants to small industrial processes and farm livestock. Californians own 26 million cars and trucks and drive over 330 billion miles a year. How do we develop solutions to reducing the emissions from these sources and activities while making sure we also improve public health, promote a cleaner environment, preserve our natural resources, and ensure that the impacts of the reductions are equitable and do not disproportionately impact low-income communities? The scale of this effort is considerable, but California is well-equipped to handle this challenge. ARB is evaluating a comprehensive array of approaches and tools that can provide these reductions. Reducing GHG emissions for the wide variety of emission sources can best be accomplished though a mix of strategies that combine market mechanisms, regulations, voluntary measures, fees, policies, and programs. ARB will monitor implementation of this recommendation to ensure that the adopted program allow the State to meet the 2020 limit on greenhouse gas emissions. Key elements of ARB's preliminary recommendation for reducing California's greenhouse gas emissions to 1990 levels by 2020 include: • Expansion and strengthening of existing energy efficiency programs and building and appliance standards; • Expansion of the Renewables Portfolio Standard to 33 percent; • Development of a California cap-and-trade program that links with other WCI Partner programs to create a regional market system; • Implementation of existing State laws and policies, including California's clean car standards, goods movement measures, and the Low Carbon Fuel Standard; • Targeted fees to fund the State's long-term commitment to AB 32 administration. The recommended mix of measures is listed in Table 2, and is summarized in Section B below. This preliminary recommendation is a key step in creating the program to reduce California's emissions, but is only the first stage in a multi-year process. The Proposed Scoping Plan, which will be published in early October 2008, will be shaped by the public input on this Draft Plan. ARB will review this recommendation based on additional staff analysis and 9 II. Preliminary Recommendation Draft Scoping Plan public input. The measures in the Scoping Plan adopted by the Board will undergo further analysis as they are developed into more detailed regulatory proposals over the next few years. Expanded economic modeling, including impacts on low-income communities, and evaluation of related public health and environmental benefits of the various measures is still underway. The results of this ongoing analysis will be provided as a supplemental report in the summer of 2008. Because ARB's first mandate is the protection of public health, ARB will examine the potential effects the preliminary recommendation in this Draft Plan could have on criteria pollutants and toxic air contaminants. AB 32 includes specific criteria that ARB must consider before adopting regulations for market-based measures to implement AB 32, and directs the Board, to the extent feasible, to ensure market-based compliance mechanisms prevent any increase in the emissions of toxic air contaminants or criteria air pollutants. ARB's evaluation of the cap-and-trade program, other measures that incorporate market mechanisms, and related program design issues is ongoing, and will consider the economic, environmental and public health effects, including the evaluation of potential localized impacts. These results will be used to help design appropriate environmental and public health safeguards or additional measures that provide both cost-effective GHG reductions and localized air quality benefits. Transportation and energy account for the majority of the state's emissions; accordingly, the recommended measures focus on these sectors. Measures include the Low Carbon Fuel Standard to reduce the carbon intensity of transportation fuels sold in our state, enforcement of regulations that reduce greenhouse gas emissions form vehicles, and policies to reduce transportation emissions by changing how we grow and build our communities. In the Energy sector, the recommended measures would increase the amount of electricity we get from renewable energy sources, improve the energy efficiency of homes and buildings, add more rooftop solar electric systems, and install solar water heaters in homes and businesses throughout California In other sectors, the proposed measures would require industrial processes to be more energy efficient and ships in California's ports to lower their greenhouse gas emissions. Other measures address waste management, agricultural and forestry practices, as well as the transport and treatment of water throughout the state. Finally, the recommended measures address ways to reduce use and prevent emissions of very potent greenhouse gases that contribute to global warming at a level many times greater than carbon dioxide. As with most of ARB's existing regulations, many AB 32 regulations are likely to incorporate flexible market-based compliance approaches to reduce emissions while lowering cost. In addition to recommended measures, ARB is considering a number of other measures with respect to the role that they should play in achieving the State's climate goals. The recommendations in the Proposed Plan will reflect the results of these ongoing evaluations. The recommended measures are summarized in Section B, and the additional measures and methods are discussed in the remainder of this chapter. 10 Draft Scoping Plan II. Preliminary Recommendation Table 2: Recommended Greenhouse Gas Reduction Measures 2020 Recommended Reduction Strategies Sector Reductions MMTCOZE The Role of State Government • Reduce carbon footprint Various 1-217 • Set an exam le California Cap-and-Trade Program Linked to WCI: Emissions cap of 365 MMTCC72E covering electricity, transportation, residential/commercial and industrial sources b 2020. Shaded reductions contribute to achievin the ca . California Light-Duty Vehicle GHG Standards • Implement Pavley standards Transportation 31.7 • Develo Pavle II li ht-dut vehicle standards Energy Efficiency • Building and appliance energy efficiency and conservation • 32,000 GWh reduced electricity demand Electricity & Commercial and 26 4 800 million therms reduced gas use Residential . Increase Combined Heat and Power (CHP) • electricity production by 30,000 GWh • Solar Water Heatin AB 1470 oal Renewables Portfolio Standard 33% b 2020 Electricit 21.2 Low Carbon Fuel Standard Trans ortation 16.5 Hi h Global Warmin Potential Gas Measures Hi h GWP 16.2 Sustainable Forests Forests 5 Water Sector Measures Water 4.818 Vehicle Efficienc Measures Trans ortation 4.8 Goods Movement • Ship Electrification at Ports Transportation 3.7 • S stem-Wide Efficienc Im rovements Heavy/Medium Duty Vehicles • Heavy-Duty Vehicle GHG Emission Reduction (Aerodynamic Efficiency) Transportation 2.5 • Medium- and Heavy-Duty Vehicle Hybridization • Heav -Dut En ine Efficienc Million Solar Roofs Existin Pro ram Tar et Electricit 2.1 Local Government Actions and Regional GHG Targets Land Use and Local 2 Government High Speed Rail Transportation 1 Landfill Methane Control Rec clin & Waste 1 Methane Capture at Large Dairies Agriculture 119 Energy Efficiency and Co-Benefits Audits for Large Industrial TBD Industrial Sources Additional Emissions Reduction from Ca ed Sectors 35.2 Total Reductions 169 17 ARB is evaluating emission reduction estimates for this measure, and therefore are not counted in the total. 18 GHG reductions from the water sector may already be incorporated in the 2020 forecast. They are not currently counted toward the 2020 goal. ARB will work with the appropriate agencies to determine whether these reductions are additional. 19 Because the emission reductions from this measure are not required, they are not counted in the total. 11 II. Preliminary Recommendation Draft Scoping Plan A. The Role of the State: Setting an Example For many years California State government has strived to incorporate environmental principles in managing its resources and running its business. Recent Executive Orders20 have directed State agencies to sharply reduce their energy use and encourage our State-run pensions to invest in energy efficient and clean technologies. The State also has been active in procuring low-emission, alternative fuel vehicles in its large fleet. While the State has already accomplished much to reduce its greenhouse gas emissions, it can and must do more. Recognizing that responsibility lies with all Californians, the State must lead by example by sharply reducing its greenhouse gas emissions. Therefore, California State government is establishing a target of reducing its greenhouse gas emissions by a minimum of 30 percent by 2020 below its estimated business-as-usual emissions - approximately a 15 percent reduction from current levels. As an owner-operator of key infrastructure, the State has the ability to ensure that the most advanced, cost-effective environmental performance requirements are used in the design, construction, and operation of State facilities. As a purchaser with significant market power, State government has the ability to demand that the products and services it procures contribute positively toward California's greenhouse gas emission reduction targets. As an investor of more than $400 billion,~i State government has the ability to prioritize low-carbon investments. And, as an employer of more than 350,000 Californians, State government is uniquely situated to adopt and implement policies that give State workers the ability to decrease their individual carbon impact, including encouraging telecommuting, siting facilities to encourage jobs/housing balance, and use of alternative work schedules. In partnership with business in downtown Sacramento, the State is currently encouraging alternative commute and work options, such as transit, carpooling, telecommuting and flexible schedules, to minimize traffic during major construction on Interstate 5 in downtown Sacramento. Information about employees' response for this project can be used by government and the private sector to evaluate options for future employee commute policies. Myriad opportunities exist for California State government to operate more efficiently. These opportunities will not only reduce greenhouse gas emissions but also will produce savings for California taxpayers. Initiatives now underway that will contribute to the State government reduction target include the Governor's Green 20 Governor Schwarzenegger signed Executive Order Executive Order 5-20-04 on December 14, 2004. This Order, among other things, set aggressive goals for reducing state building energy use and requested the California Public Employees Retirement System (Ca1PERS) and the California State Teachers Retirement System (Ca1STRS) to target resource-efficient buildings for real estate investments and commit funds toward clean, efficient and sustainable technologies. ~' Ca1PERS and Ca1STRS are the two largest pension systems in the nation with investments in excess of $400 billion as of Apri12008. 12 Draft Scoping Plan II. Preliminary Recommendation Building Initiative and the Department of General Services' efforts to increase the number offuel-efficient vehicles in the State fleet. Major efforts to expand renewable energy use and divest from coal power plants are currently underway. Together with energy conservation strategies on water projects, roadways, parks, and bridges, these efforts all play a major role in reducing the state's greenhouse gas emissions. The State should review its travel practices and make, where possible, greater use of teleconferencing and videoconferencing to reduce the need for business travel, particularly air travel. All State agencies are now examining their policies and operations to determine how they can reduce their greenhouse gas emissions, in addition to each cabinet-level agency registering with the California Climate Action Registry to record and report their individual carbon footprints. CaIEPA will coordinate with other agencies to review the State government greenhouse gas emissions and determine how to best achieve a 30 percent reduction. Finally, State government must also begin to identify and evaluate its "carbon shadow;" that is, addressing the potential for climate change impacts in all legislative, executive, and financial actions that affect Californians now and in the future. For the benefit of the environment, the State will retain ownership of and subsequently retire greenhouse gas reductions generated as a result of projects funded with State bond funds. B. Emission Reduction Measures The Scoping Plan will build on ARB's successful history of balancing effective regulations with economic progress. Three types of measures have been recommended. First is the regional cap-and-trade program. Second are transformational measures that provide vital steps toward California's clean energy future. For example, the Low Carbon Fuel Standard (LCFS) will incent a diverse set of clean transportation fuel options. Similarly, local government leadership is needed to ensure that California's land use and transportation planning processes comprehensively support State goals, including greenhouse gas emission reduction. Third are measures that address barriers that would not be overcome solely by means of a market approach. Barriers could result from a lack of information, lack of coordination, or regulatory and institutional factors. Energy efficiency is a classic example where cost-effective action is often not taken due to lack of complete information, relatively high initial costs, and mismatches between who pays and who benefits from efficiency investments. California has a long history of success in implementing regulations and programs to encourage energy efficiency and will need to greatly expand those efforts to meet our greenhouse gas emission reduction goals. The recommended measures often complement each other. For example, the LCFS will provide clean transportation fuel options. The Pavley I and II performance standards help deploy vehicles that can utilize many of the low-carbon fuels, including advanced biofuels, electricity and hydrogen. The existence of both 13 II. Preliminary Recommendation Draft Scoping Plan programs will make it more likely that more efficient, less polluting vehicles will use the cleanest possible fuels. In addition, both of these programs must coordinate with and advance ARB's zero-emission vehicle program, which focuses on deployment of battery-electric and fuel cell vehicles. ARB is currently in the process of determining how the ZEV program can best be expanded to help meet the GHG reduction goals of AB 32. All of these strategies are expandable beyond 2020, and are needed as vital components to reach the State's 2050 goal. ARB will continue to evaluate the measures presented in this chapter, including analyses of their economic costs and economic, environmental, and public health benefits. As ARB develops the Proposed Scoping Plan and regulations to implement specific measures, the details of the specific measures will evolve. Release of the Draft Scoping Plan is a major milestone in the development of the Proposed Scoping Plan. This summer, ARB will release an evaluation supplement which will provide the results of the economic, environmental and public health evaluations of the Draft Scoping Plan. Throughout the summer, ARB will hold workshops and community meetings statewide to solicit public comment on the Draft Plan and the evaluation supplement. ARB will release the Proposed Scoping Plan in early October for consideration at the November Board meeting. The Proposed Plan will be shaped by the public input on this Draft Plan. Once the Scoping Plan is approved the Board, the State has two years to develop and adopt regulations to implement the Plan. This regulatory development will follow normal rulemaking processes with focused workshops and stakeholder involvement for each measure. Early Actions In September 2007, the ARB approved a list of nine Discrete Early Actions and 35 Early Action measures to reduce greenhouse gas emissions and is currently in the process of developing regulations and programs based on these measures. Regulations implementing the Discrete Early Action measures must be adopted and in effect by January 1, 2010 (HSC §38560.5 (b)). All the Discrete Early Actions are included in the recommended measures. ARB has already adopted one Discrete Early Action measure, port electrification, and will be considering additional regulatory measures over the neat year. Table 3 shows the Discrete Early Action items and their anticipated date for consideration by the Board. 14 Draft Scoping Plan II. Preliminary Recommendation Table 3: Anticipated Board Consideration Dates for Discrete Early Actions Discrete Early Action Anticipated Board Consideration Green Ports - Shi Electrification at Ports December 2007 -Ado ted Reduction of Hi h GWP Gases in Consumer Products June 2008 SmartWay -Heavy-Duty Vehicle GHG Emission Reduction Aerod namic Efficienc October 2008 Low Carbon Fuel Standard December 2008 Reduction of Perfluorocarbonsfrnm Semiconductor Manufacturin December 2008 Im roved Landfill Gas Ca ture Januar 2009 Reduction of HFC-134a from Do-It-Yourself Motor Vehicle Servicin January 2009 SF6 Reductions from the Non-Electric Sector Januar 2009 Tire Inflation Pro ram March 2009 The following sections describe the recommended measures in this Draft Scoping Plan and constitute ARB's preliminary recommendation. Additional information about these measures is provided in Appendix C. 1. California Cap-and-Trade Program Linked to Western Climate Initiative Inzplernent abroad-based cap-and-trade program that links with other Western Climate Initiative Partner programs to create a regional market system. Ensure California's prograt~n meets all applicable AB 32 requiret~nents for market-based t~necharrisms. California is working closely with other states and provinces in the Western Climate Initiative (WCI) to design a regional cap-and-trade program that can deliver GHG reductions throughout the region. ARB will develop acap-and-trade program for California that will link with the programs in the other WCI Partner states and provinces to create this western regional market. ARB will continue to work with the WCI Partners to ensure that the resulting market design is one that provides real emission reductions in the region. ARB will also design the California program to meet the requirements of AB 32, including the need to consider any potential localized impacts, ensure market security (avoid gaming), and ensure enforceability. While WCI has significant technical and consensus building still to come before the diverse partners can establish a regional market system, ARB intends to implement a California cap-and-trade program consistent with the regional effort. Regulations to implement the cap-and-trade system would need to be developed by January 1, 2011, based on the authority and requirements of AB 32, with the program beginning in 2012. This rule development schedule will be coordinated with the WCI timeline for developing a regional cap-and-trade program. Any market-based compliance mechanism that California adopts as part of this regional program must 15 II. Preliminary Recommendation Draft Scoping Plan comply with the requirements specified in Health and Safety Code section 38570, related to market-based mechanisms under AB 32. Cap and trade is a market-based approach to reduce pollution from sources such as industrial processes and power generation. The approach caps the total amount of GHG emissions and allows covered sources to find the least expensive way to comply. Excess emission reductions can be banked for future use or traded with other firms. The emissions in the cap would be denominated in metric tons of COZE. The currency would be in the form of allowances which the State would issue based upon the total emissions allowed under the cap during any specific compliance period. These allowances could be freely distributed to capped firms or auctioned in the trading market. Provisions could be made to allow a limited use of surplus reductions that occur outside of the cap. These additional reductions are known as offsets and are discussed further in Section C. In order to be used to meet a source's compliance obligation, offsets would be subject to stringent criteria and verification procedures to ensure its enforceability and consistency with AB 32 requirements. The WCI was launched in 2007 and consists of California, Arizona, New Mexico, Oregon, Washington, Utah, and Montana, and the Canadian provinces of British Columbia, Manitoba, and Quebec. The WCI Partner states and provinces have set an overall regional goal for reducing GHG emissions. Acap-and-trade program is one element of the effort by the WCI partners to identify, evaluate, and implement ways to reduce GHG emissions and achieve related co-benefits. California is working with the other WCI partners to develop a framework for a regional cap-and-trade program. The partners plan to release the program design framework in September 2008. WCI released draft recommendations for a regional cap-and-trade program in May 2008, which are presented in Appendix D. These recommendations were developed collaboratively by the WCI Partners, including California, with a goal of achieving regional GHG reduction targets equitably and effectively. The WCI's draft recommendations are consistent with the recommendations provided in June 2007 by the California Market Advisory Committee,22 and with the recommendations provided to ARB by the California Public LJtilities Commission and the California Energy Commission in March 2008. The Scoping Plan must be designed to meet the AB 32 goal of reducing statewide emissions to 1990 levels by 2020. To meet that target, the limit on emissions allowed under acap-and-trade program, plus expected emissions from uncapped sources, must z2 The Report, "Recommendations for Designing a Greenhouse Gas Cap-and-Trade System for California," was released in June 2007 and can be found online at: http:L-`climatechan~e.ca.~ov!market ach~isory committee.~`index.html. The Market Advisory Committee {MAC) consisted of a consortium of economists, policy makers, academics, govermnent sector public servants, and environmental advocates ~vho came together through the auspices of Cal/EPA, pursuant to Executive Order 5- 20-06 from Governor Arnold Schwarzenegger. 16 Draft Scoping Plan II. Preliminary Recommendation be no greater than the 2020 emissions goal. This cap must also be realistic in terms of the emission reduction opportunities within the capped sectors. By setting a limit on the quantity of greenhouse gases emitted, awell-designed cap-and-trade program will complement regulatory measures for covered sectors and achieve additional reductions in greenhouse gases that would not have occurred otherwise. As shown in Table 4, the preliminary estimate for the capped sectors GHG emissions is 365 MMTCOZE in 2020 for the broadest program under consideration, which covers about 85 percent of California total GHG emissions. Capped sectors would include electricity, transportation fuels, natural gas, and large industrial sources23. Emissions or energy use from most of the sectors covered by acap-and-trade program would also be governed by other measures, including performance standards, efficiency programs, and direct regulations. Table 4: Sector Responsibilities Under Cap-and-Trade Program {MMTC02E in 2020} Projected 2020 Emissions After Projected 2020 Implementation of Preliminary 2020 Business-as-Usual Other Emissions Limit Sector Emissions Recommended under Cap-and- Measures Trade Program By Total By Total Sector Sector Trans ortation 225 163 Electricit 139 94 Commercial and 512 400 365 47 42 Residential Industr 101 101 Figure 2 illustrates the relationship between the emission limit established by the cap- and-trade program and the emission reductions obtained through other recommended measures. By 2020, the business-as-usual emissions forecast for these sectors is prof ected to be 512 MMTCOZE, as depicted by the top line. Implementation of the Draft Scoping Plan's recommended measures for these sectors is expected to reduce emissions by 112 MMTCOZE, resulting in total GHG emissions of 400 MMTCOZE, as depicted by the heavy-dashed line. To ensure compliance with AB 32 goals, the allowable emissions from the capped sectors would be about 365 MMTCOZE in 2020. The additional reduction requirement of 35 MMTCOZE are the responsibility of the capped sector to reduce and are shown directly below the heavy-dashed line. These additional reductions will come from capped sources that are able to reduce emissions in the most cost-effective manner.24 All measures for capped sectors will z3 While WCI has not yet made a decision that transportation fuels will be included in the cap-and-trade program design, California shares a strong interest with other WCI members in phasing transportation fuels into the cap-and-trade program before 2020. za For a further discussion of this issue, see Box 2-2, page 13 of the California Market Advisory report at: http:/,-'www.climatechan~e.ca.~ov,~`market advisory committee,-'index.html 17 II. Preliminary Recommendation Draft Scoping Plan contribute to achieving the cap by reducing their need to surrender allowances under the cap-and-trade program. Overall, the cap represents a 147 MMTCOzE reduction from projected business-as-usual (BAU) emissions from covered sources. Figure 2: Relationship of Cap-and-Trade Program with Other Recommended Measures 2020 Capped Sector 512 •••••••••••••••••• ••••• •••••• .. Business as Usual GHG emissions GHG reductions from recommended measures in Total GHG W capped sectors Reductions from ~„ Capped sectors O U 400 _ _ - --- -~ H Additional GHG ~ Reductions from ~ capped sectors 2020 Capped Sector N 365 GHG emissions limit 0 ~N N_ ~ Capped Sectors: W Transportation, (~ Electricity, Natural 2 Gas, and Industry (7 California's cap will be based on the requirements of AB 32, and will also be consistent with efforts of other WCI partners. The WCI has set a regional goal of 15 percent reduction in GHG emissions below 2005 levels to be achieved by 2020. This is very close to the 2020 goal for California established under AB 32. To achieve that goal, both the California cap and the Western regional cap must decline over time. Each WCI Partner would have an allowance budget within the cap. Allowances could be traded across state and provincial boundaries, so actual emissions could vary from a state's initial allowance budget. California's budget would be based on meeting the AB 32 target for 2020, as described above. The number of allowances issued in a given year by the WCI partners overall would set a limit on emissions from the region. The distribution of allowances would quickly transition from a system in which the State provides some free allowances, to a system in which majority of allowances are auctioned in the trading market. 18 Draft Scoping Plan II. Preliminary Recommendation The ultimate success of the WCI program will depend on the commitments of all partners to maintain their economy-wide GHG emission reduction goals. A firm regional cap with strong reporting and enforcement rules will provide a high degree of environmental certainty that emissions will not exceed targeted levels. ARB will need to ensure there is integrity in the system as a whole before California can participate in the WCI market system. Participating in a regional system has several advantages for California. It can reduce the potential for "leakage," i.e., a shift of economic and emissions activity out of California that hurts the state's economy without reducing global GHG emissions. Harmonizing the approach and timing of California's GHG emission reduction requirements with other states and provinces in the region could reduce the possibility that local businesses will shift production out of state. Further, by working to create a cost-effective regional market system, California and the other WCI partners will gain an important advantage in preparing for any future action at the federal level, which is likely to also include acap-and-trade program as a key element of the overall program. Acap-and-trade program is generally expected to be a significant element in any future federal action on reducing GHG emissions. ARB's efforts to design acap-and- trade system that works in concert with regulatory measures and meets the requirements of AB 32 can serve as a model for a federal program. Efforts under AB 32 to establish an effective, enforceable regional cap-and-trade program will greatly assist California and the region promote the type of federal legislation that is needed. The opportunity to continue to reduce the cap over time beyond 2020 and the opportunity to link our program with others (including a federal program) are additional reasons why it is important to get this program started early. ARB would need to design the specific elements of the cap-and-trade program through a public rulemaking process in the neat two years. These elements would include setting the cap and determining the method of distributing allowances. ARB will also consider potential constraints on the system, including trading in communities with disparate environmental impacts. The rulemaking would also need to establish appropriate rules for use of offsets. A limit on offsets, such as 10 percent of the compliance obligation for an individual firm, would allow ARB and WCIto test the viability of the offset system while limiting the risk that unconstrained offsets could weaken the stringency of the overall cap-and-trade program. Even with this type of limit, the use of offsets would provide an outlet to relieve cost pressure. In conducting this rulemaking, ARB will continue to work within the WCI to ensure that California's program can link with other partner's programs to create a regional market system. 19 II. Preliminary Recommendation Draft Scoping Plan Appendix C provides further description of the fundamentals of acap-and-trade program, the Western Climate Initiative recommendations, and draft program design elements. 2. California Light-Duty Vehicle GHG Standards Implement adopted Pavley standards and planned second phase of the program. Assembly Bill 1493 (Pavley, 2002) directed ARB to adopt vehicle standards that lowered greenhouse gas emissions to the maximum extent technologically feasible, beginning with the 2009 model year. ARB adopted regulations in 2004 and applied to the U. S. Environmental Protection Agency (LT. S. EPA) for a waiver under the federal Clean Air Act to implement the regulation. The Pavley regulations incorporate both performance standards and market-based compliance mechanisms. ARB plans to adopt a second, more stringent, phase of the Pavley regulations. Table 5 summarizes the estimated emission reductions for the Pavley regulations. In addition to delivering greenhouse gas reductions, the standards will benefit California drivers by ultimately saving them an estimated $30 each month in avoided fuel costs. To date, 13 other states have adopted California's existing greenhouse gas standards for vehicles. Under federal law, California is the only state allowed to adopt its own vehicle standards (though other states are permitted to adopt California's more rigorous standards), but California cannot implement the regulations unless U.S. EPA grants an administrative waiver. In December 2007, U.S. EPA denied California's waiver request to implement the Pavley regulations; California and others are challenging that denial in federal court. The regulations have also been challenged by the automakers in federal courts, although to date, those challenges have been unsuccessful. It is highly likely that ARB will ultimately be permitted to implement the Pavley regulations. However, AB 32 specifically states that if the Pavley regulations do not remain in effect, ARB shall implement alternative regulations to control mobile sources to achieve equivalent or greater greenhouse gas reductions (HSC §38590). ARB currently plans to pursue one of two possible strategies to backstop the Pavley regulations if they cannot be implemented. The first strategy requires the original equipment manufacturers (OEMs) to meet the equivalent of the emission reductions expected under the current Pavley regulations as a condition of vehicle certification in California. Before vehicles could be certified for sale in California, the OEM would need to submit verified greenhouse gas emission reductions from mobile sources equivalent to those of the Pavley reductions. This obligation would cover the life of the current regulations, from model year 2009 through 2016, and would also need to replace the anticipated reductions from the second phase of the Pavley regulations. However, until U.S. EPA grants California's waiver request, OEMs would not be required to certify individual engine families to the Pavley regulations. The second strategy is a feebate proposal in which fees on the purchase of high greenhouse gas emitting vehicles would be returned as rebates to 20 Draft Scoping Plan II. Preliminary Recommendation buyers of low greenhouse gas emitting vehicles. The fee schedule would need to be designed to obtain cumulative emission reductions equivalent to those that would have been achieved under the Pavley regulations. Greenhouse gas emissions from California light-duty vehicles will be reduced under the AB 32 program, whether via the Pavley regulations or one of the other strategies described above. Table 5: California Light-Duty Vehicle GHG Standards Preliminary Recommendation (MMTCO2E in 2020) Total 31.7 3. Energy Efficiency Maxit~nize energy efficiency building and appliance standards, and pursue additional efficiency efforts. In 2003, the CPUC and CEC adopted an Energy Action Plan that prioritized resources for meeting California's firture energy needs, with energy efficiency being first in the "loading order," or highest priority. Since then, this policy goal has been codified into statute2$ through legislation that requires electric utilities to meet their resource needs first with energy efficiency. This measure would set new targets for statewide energy demand reductions of 32,000 Gigawatt hours and 800 million therms from business-as-usual projections for 2020 -enough to power more than 5 million homes, or replace the need to build about ten new large power plants (500 Megawatts each). This is the high end of what the CPUC is currently considering for investor-owned utility energy efficiency targets. ARB has applied these targets to both investor- and publicly-owned utilities to generate the estimated reductions. These reductions could be achieved through enhancements to existing programs such as increased incentives and even more stringent building codes and appliance efficiency standards. Achieving these energy efficiency targets will require cooperation from the State, the federal government, energy companies and customers. ARB will work with the CEC and the CPUC to facilitate these partnerships. In addition, the use of solar water heaters can reduce natural gas use in homes and businesses. The State will be instituting incentives for up to 200,000 solar water heating systems, which would save as much as 26 million therms of natural gas per year (AB 1470, Huffman, Chapter 536, Statutes of 2007). The State should also pursue efforts to encourage combined heat and power systems that make use of both zs Senate Bill 1037 (Kehoe, Chapter 366, Statutes of 2005) and AB 2021 (Levine, Chapter 734, Statutes of 2006) directed electricity corporations subject to the CPUC's authority and publicly-owned electricity utilities to first meet their unmet resource needs through all available energy efficiency and demand response resources that are cost effective, reliable and feasible. 21 II. Preliminary Recommendation Draft Scoping Plan the electricity and the heat generated to maximize efficiency. These efforts will address institutional barriers to installing combined heat and power systems. Energy- efficiencymeasures for both electricity and natural gas can reduce greenhouse gas emissions on a scale second only to the Pavley regulations. Tables 6 and 7 summarize the estimated reductions. ARB is continuing to work with the CEC and the CPUC to ensure that these emission reductions are not counted elsewhere or already assumed in the 2020 forecast. A number of these measures also have the potential to deliver significant economic benefits to California consumers. California's energy efficiency programs for buildings and appliances have generated more than $50 billion in savings over the past three decades. Green Buildings Buildings are the second largest contributor to California's greenhouse gas emissions. Approximately one-quarter of the greenhouse gases emitted in 2004 can be attributed to buildingsZb. As the Governor recognized in his Green Building Initiative (Executive Order S-20-04), significant greenhouse gas emission reductions can be achieved through the design and construction of new green buildings as well as the sustainable operation and renovation of existing buildings. Green buildings offer a comprehensive approach to reducing greenhouse gas emissions that cross-cut multiple sectors including Energy, Water, Waste, and Transportation. As such, green buildings provide an opportunity to consolidate a variety of greenhouse gas reduction strategies under one roof Green buildings are constructed, renovated, operated, and maintained using an integrated design process that creates and ensures a healthy and comfortable environment while maximizing energy and resource efficiency. Employing awhole-building design approach can create tremendous synergies that result in multiple benefits at little or no cost, allowing for efficiencies that would never be possible on an incremental basis. Green buildings exceed minimum energy efficiency standards, decrease consumption of potable water, reduce solid waste during construction and operation, and incorporate sustainable and low-emitting materials that contribute to healthy indoor air quality, which protects human health and minimizes impacts to the environment. Siting buildings close to public transportation and services, and providing amenities that encourage walking and cycling, offer further potential to reduce transportation- related greenhouse gas emissions. All of these features work together to offer substantial greenhouse gas reductions. Achieving significant GHG emissions from the building sector would require a combination of green building measures for new construction and existing buildings. The State of California should set an example by requiring all new State buildings to exceed existing energy standards and meet nationally-recognized building sustainability standards such as Leadership in Energy and Environmental Design ze GHG estimates only account for electricity, natural gas, and water use in homes and commercial buildings. 22 Draft Scoping Plan II. Preliminary Recommendation (LEED) Gold standards. Existing State buildings would also be retrofit to achieve higher standards equivalent to LEED-EB Silver. Starting in 2010, all new schools would be required to meet Collaborative for High Performance Schools (CHPS) criteria. Existing schools applying for modernization funds would also be required to meet CHPS criteria. For all buildings, the State is developing a mandatory Green Building Standards Code that will institute minimum environmental performance standards for all buildings in 2010. The Draft Scoping Plan considers using the green building framework as a mechanism that enables greenhouse gas reductions in other sectors. For example, green building strategies are what make it possible to reach the targets set for electricity and natural gas reductions. In order to avoid double counting, the Plan does not count the green building measures as additional greenhouse gas reductions, but this may change as further evaluation of the interactions between green buildings and other sectors is conducted. Table 6: Energy Efficiency Preliminary Recommendation -Electricity (MMTC02E in 2020) Energy Efficiency (32,000 GWh of Reduced Demand} E-1 . Increased Utility Energy Efficiency Programs 15.2 • More Strin ent Buildin & A liance Standards Increase Combined Heat and Power Use by 32,000 GWh Total 22.1 Table 7: Energy Efficiency Preliminary Recommendation - Commercial and Residential (MMTC02E in 2020) Energy Efficiency (800 Million Therms Reduced Consumption) CR-1 • Utility Energy Efficiency Programs 4.2 • Building and Appliance Standards • Additional Efficienc and Conservation CR-2 Solar Water Heating (SB1470 goal) 0.1 Total 4.3 23 II. Preliminary Recommendation Draft Scoping Plan 4. Renewables Portfolio Standard Achieve 33 percent Renewables Portfolio Standard by both investor-owned and publicly-owned utilities. The California Energy Commission (CEC) estimates that about 12 percent of California's retail electric load is currently met with renewable resources, including wind, solar, geothermal, small hydroelectric, biomass, and biogas. California's current Renewables Portfolio Standard (RPS) is intended to increase that share to 20 percent by 2010. Increased use of renewables will decrease California's reliance on fossil fuels, thus reducing emissions of GHGs from the Electricity sector. Based on Governor Schwarzenegger's call for a statewide 33 percent RPS, the Draft Plan anticipates that California will have 33 percent of its electricity provided by renewable resources by 2020, and includes emission reductions based on this level in the Draft Plan. Senate Bill 107 (Simitian, Chapter 464, Statutes of 2006) obligates the investor- owned utilities to increase the share of renewables in their electricity portfolios to 20 percent by 2010. Meanwhile, the publicly-owned utilities (POUs) are encouraged but not required to meet the same RPS. The governing boards of the state's three largest POUs, the Los Angeles Department of Water and Power (LADWP), the Sacramento Municipal Utility District (SMUD), and the Imperial Irrigation District (IID), have adopted policies to achieve 20 percent renewables by 2010 or 2011. LADWP and IID have established targets of 35 and 30 percent, respectively, by 2020. A more aggressive RPS goal of 33 percent by 2020 has also been proposed but is not yet codified into statute. In 2005, the CEC and the CPUC committed in the Energy Action Plan II to "evaluate and develop implementation paths for achieving renewable resource goals beyond 2010, including 33 percent renewables by 2020, in light of cost-benefit and risk analysis, for all load serving entities." As with the energy efficiency target, achieving the 33 percent goal will require cooperation from many parties. ARB will work with the CEC and the CPUC to facilitate these partnerships. For the purposes of calculating emission reductions in this Draft Plan, ARB is counting emissions avoided by increasing the percentage of renewables in California's electricity miY from the current level of 12 percent to the 33 percent goal, as shown in Table 8. Table 8: Renewables Portfolio Standard Preliminary Recommendation (MMTC02E in 2020} E-3 I Renewables Portfolio Standard (33% by 202Q) I 21.2 Total 21.2 24 Draft Scoping Plan II. Preliminary Recommendation 5. Low Carbon Fuel Standard Develop and adopt the Low Carbon Fuel Stanclarcl. Because transportation is the largest single source of greenhouse gas emissions in California, the State is taking an integrated approach to reducing emission from this sector. Beyond including vehicle efficiency improvements and lowering vehicle miles traveled, the State is reducing the carbon intensity of motor fuels consumed in California. In Executive Order (5-1-07), Governor Schwarzenegger called for the development of a Low Carbon Fuel Standard (LCFS), which would reduce the carbon intensity of California's transportation fuels by at least ten percent by 2020. The LCFS will incorporate market-based compliance mechanisms to provide flexibility to fuel providers while meeting the emission reduction goals. The LCFS will examine the full fuel cycle impacts of transportation fuels (including multi-media impacts), and the staff analysis will take into account issues raised by the Environmental Justice Advisory Committee and other stakeholders. ARB identified the LCFS as a Discrete Early Action item, and staff is actively developing a regulation for Board consideration in late 2048. Table 9 provides estimated emission reductions from this measure. Table 9: Low Carbon Fuel Standard Preliminary Recommendation (MMTC02E in 2020) 6. High GWP Gases Adopt t~neasures to ~ecluce high global wa~rr~ing potential gases. High global warming potential (GWP) gases are substances that pose a unique challenge. Just a few pounds of some high GWP materials can have the equivalent effect on global warming as thousands of pounds of carbon dioxide. For example, the average refrigerator has about ahalf--pound of refrigerant and about one pound of "blowing agents" used to make the insulating foam. If these gases were released into the atmosphere, they have a global warming potential equivalent to five metric tons of carbon dioxide. High GWP chemicals are very common and are used in many different applications such as refrigerants, in air conditioning systems, in fire suppression systems, and in the production of insulating foam. Because these gases have been in use for years, old refrigerators, air conditioners and foam insulation represent a significant "bank" of these materials yet to be released. High GWP gases are released in two primary ways. The first is through leaking refrigeration systems. The second is during the disposal process. Once high GWP materials are released, they persist in the atmosphere for tens or even hundreds of years. 25 II. Preliminary Recommendation Draft Scoping Plan Measures to address this growing problem may take the form of regulations and/or fees. ARB identified four Discrete Early Action measures to reduce greenhouse gas emissions from the refrigerants used in car air conditioners, semiconductor manufacturing, and consumer products. Potential reduction opportunities have been identified based on specifications for future commercial and industrial refrigeration, changing the refrigerants used in auto air conditioning systems, and ensuring that existing car air conditioning systems do not leak. Recovery and destruction of high GWP materials in the "bank" described above could also provide significant reductions. Table 10 summarizes the preliminary recommendation for measures in the High GWP sector. These measures address both high GWP gases identified in AB 32 and also other high GWP gases, such as ozone-depleting substances that are only partially covered by the Montreal Protocol. Table 10 shows emission reductions from only the six greenhouse gases explicitly identified in AB 32. Table 10: High GWP Gases Sector Preliminary Recommendation (MMTCO2E in 2020} Measure No. Measure Description Reductions Motor Vehicle Air Conditioning Systems: Reduction of H-1 Refrigerant Emissions from Non-Professional Servicing 0.5 Discrete Earl Action H-2 SF6 Limits in Nan-Utility and Non-Semiconductor 0 3 A lications Discrete Earl Action . H-3 High GWP Reduction in Semiconductor Manufacturing 0 15 Discrete Earl Action . H-~ Limit High GWP Use in Consumer Products 0 3 Discrete Earl Action . High GWP Reductions from Mobile Sources • Low GWP Refrigerants for New Motor Vehicle Air Conditioning Systems • Air Conditioner Refrigerant Leak Test During H-5 Vehicle Smog Check 3.3 , Refrigerant Recovery from Decommissioned Refrigerated Shipping Containers • Enforcement of Federal Ban on Refrigerant Release during Servicing or Dismantling of Motor Vehicle Air Conditionin S stems High GWP Reductions from Stationary Sources • High GWP Recycling and Deposit Program • Specifications for Commercial and Industrial Refrigeration H-6 Faam Recovery and Destruction Program 11.6 • SF6 Leak Reduction and Recycling in Electrical Applications • Alternative Suppressants in Fire Protection Systems • Residential Refri eration Earl Retirement Pro ram Total 16.2 26 Draft Scoping Plan II. Preliminary Recommendation 7. Sustainable Forests Preserve forest sequestration and encourage the use of forest biomass for sustainable energy generation. The 2020 target for California's forest lands is to achieve a 5 MMTCOzE reduction through sustainable management practices, including reducing the risk of catastrophic wildfire, and the avoidance or mitigation of land-use changes that reduce carbon storage. California's Board of Forestry and Fire Protection has the regulatory authority to implement the Forest Practice Act to provide for sustainable management practices and, at a minimum, to maintain current carbon sequestration levels. The federal government must do the same for lands under its jurisdiction in California California forests are now a net carbon sink. The 2020 target would provide a mechanism to help ensure that this carbon stock is not diminished over time. The 5 MMTCOzE emission reduction target is set equal to the current estimate of the net emission reduction from California forests. As technical data improve, the target can be recalibrated to reflect new information. California's forests will play an even greater role in reducing carbon emissions for the 2050 greenhouse gas reduction goals. Forests are unique in that planting trees today will maximize their sequestration capacity in 20 to 50 years. As a result, near-term investments in activities such as planting trees will help us reach our 2020 target, but will play a greater role in reaching our 2050 goals. Monitoring carbon sequestered on forest lands will be necessary to implement the target. The Board of Forestry and Fire Protection, working with the Resources Agency, the Air Resources Board, and the Department of Forestry and Fire Protection would be tasked with developing a monitoring program, improving greenhouse gas inventories, and determining what actions are needed to meet the 2020 target for the Forest sector. Future climate impacts will exacerbate existing wildfire and pest problems in the Forest sector. These problems will create new uncertainties in reducing emissions and maintaining sequestration levels over the long-term requiring more creative strategies for adapting to these changes. In the short term, focusing on sustainable management practices and land-use issues is a practical approach for moving forward. Future land use decisions will play a role in reaching our greenhouse gas emission reduction goals for all sectors. Loss of forest land to development increases greenhouse gas emissions because less carbon is sequestered. Avoiding or mitigating such conversions will support efforts to meet the 2020 goal. When significant changes occur, the California Environmental Quality Act is a mechanism providing for assessment and mitigation of greenhouse gas emissions. Biomass fuels will also play a role in the expansion of renewable energy sources but will be accounted for in the Energy sector. Similarly, no reductions are yet attributed to future fuels management strategies, but that accounting will be done following implementation. Public investments to purchase and preserve forests and woodlands 27 II. Preliminary Recommendation Draft Scoping Plan would also provide reductions that will be accounted for as projects are funded. Urban forest projects can provide the dual benefit of carbon sequestration and shading to reduce air conditioning load. The Forest sector is already a source of voluntary reductions that would not otherwise occur. ARB has already adopted a methodology to quantify reductions from forest projects, and will be considering additional quantification methodologies later this year. Table 11 summarizes the emission reductions from the forest measure. Table 11: Sustainable Forests Preliminary Recommendation (MMTCO2E in 2020) Total 5 8. Water Continue efficiency programs and use cleaner energy sources to move water. Water use requires significant amounts of energy. Approximately one-fifth of the electricity and a third of the non-power plant natural gas consumed in the state are associated with water use. Although State, federal and local water projects have allowed the state to grow and meet its water demands, greenhouse gas emissions can be reduced if we can use water more efficiently. Table 12 summarizes emission reductions from the Water sector. In addition to the many efficiency efforts throughout the state, the Department of Water Resources is implementing a directive from the Governor to develop a plan to reduce per capita water use by 24 percent by 2424. Measures to increase water use efficiency and re-use will reduce electricity demand from the Water sector, reducing greenhouse gas emissions. The Water sector emissions inventory is included in the Electricity sector and ARB is currently evaluating methods to distinguish water emissions and reductions from the Electricity sector. The State will also establish a public goods charge for funding investments in water efficiency that will lead to reductions in greenhouse gases. As noted by the Economic and Technology Advancement Advisory Committee, a public goods charge on water can be collected on water bills and then used to fund end-use water efficiency improvements, system-wide efficiency projects and water recycling. Depending on how the fee schedule is developed, a public goods charge could generate $144 million to $544 million annually to invest in further efficiency improvements. These actions would also have the co-benefit of improving water quality and water supply reliability. 28 Draft Scoping Plan II. Preliminary Recommendation Table 12: Water Preliminary Recommendation {MMTCO2E in 2020) Measure No. Measure Descri tion Reductions W-1 Water Use Efficienc 1.4 W-2 Water Rec clin Q.3 W-3 Water S stem Ener Efficienc 2 W-4 Reuse Urban Runoff 0.2 W-5 Increase Renewable Ener Production 0.9 W-6 Public Goods Char e TBD Total 4.827 9. Vehicle Efficiency Measures Implement light-duty vehicle efficiency measures. Several additional measures could reduce light-duty greenhouse gas emissions. For exarnple, measures to ensure that tires are properly inflated can both reduce greenhouse gas emissions and improve fuel efficiency. ARB is pursuing a regulation to ensure that tires are properly inflated when vehicles are serviced. In addition, the California Energy Commission is developing a tire tread program focusing first on data gathering and outreach, then on potential adoption of minimum fuel-efficient tire standards. ARB is also pursuing ways to reduce engine load via lower friction oil and reducing the need for air conditioner use. Table 13: Vehicle Efficiency Preliminary Recommendation (MMTCO2E in 2020) Total 4.8 10. Goods Movement Implement adopted regulations for port drayage trucks crud the use of shore power for ships at berth. Improve efficiency in goods movement operations. A significant portion of the transportation activities are associated with the movement of freight or goods throughout the state. Activity at ports is forecast to increase by 250 percent between now and 2020. ARB has already adopted a regulation to require ship electrification at ports. Proposition 1B funds, as well as clean air plans being implemented by California's ports, will also help reduce greenhouse gases while cutting criteria pollutant and toxic diesel emissions. ARB will continue to investigate additional opportunities to reduce greenhouse gas emissions due to goods movement at ports and other related facilities. This effort should provide opportunities for z~ GHG reductions from the water sector may already be incorporated in the 2020 forecast. They are not currently counted toward the 2020 goal. ARB will work with the appropriate agencies to determine whether these reductions are additional. 29 II. Preliminary Recommendation Draft Scoping Plan accompanying reductions in air toxics. The estimated GHG emission reductions are shown in Table 14. Table 14: Goods Movement Preliminary Recommendation (MMTCO2E in 2020) T-4 Shi Electrification at Ports Discrete Earl Action 0.2 T ~ Goods Movement Efficiency Measures 3 ~ Total 3.7 11. Heavy/Medium-Duty Vehicles Adopt heavy- crud medium-duty vehicle and engine measures. Medium- and heavy-duty vehicles account for approximately 20 percent of the transportation greenhouse gas inventory. A regulation to require retrofits to improve the fuel efficiency of heavy-duty trucks could include devices that reduce aerodynamic drag and rolling resistance. Hybridization of medium- and heavy-duty vehicles would also reduce greenhouse gas emissions again through increased fuel efficiency. This measure would likely achieve the greatest benefits on trucks used in urban, stop-and-go applications, such as parcel delivery trucks and vans, utility trucks, transit buses, and other vocational work trucks. For long-haul trucks, heavy- duty engine efficiency irnprovements may involve advanced combustion strategies, friction reduction, waste heat recovery, and electrification of accessories. The preliminary recommendation for this sector is summarized in Table 15. Table 15: Heavy/Medium-Duty Vehicle Preliminary Recommendation (MMTCO2E in 2020) Measure No. Measure Descri tion Reductions T-6 Heavy-Duty Vehicle GHG Emission Reduction Measure - gerod namic Efficienc Discrete Earl Action 1.4 T-7 Medium- and Heav -Dut Vehicle H bridization 0.5 T-8 Heav -Dut En ine Efficienc 0.6 Total 2.5 12. Million Solar Roofs Program Install 3, OODMW of solar-electric capacity under Califo>^nia's existing solar programs. As part of Governor Schwarzenegger's Million Solar Roofs Program, California has set a goal to install 3,000 megawatts (MW) of new, solar-electric systems by 2017 - moving the state toward a cleaner energy future and helping lower the cost of solar systems for consumers. The Million Solar Roofs Initiative is aratepayer-financed 30 Draft Scoping Plan II. Preliminary Recommendation incentive program aimed at transforming the market for rooftop solar systems by driving down costs over time. Created under Senate Bill 1 (Murray, Chapter 132, Statutes of 2006), the Million Solar Roofs Program builds upon the CPUC's existing California Solar Initiative and the CEC's New Solar Homes Partnership, and requires publicly-owned utilities (P~Us) to adopt, implement and finance a solar incentive program. This measure would offset electricity from the grid, thereby reducing greenhouse gas emissions. The estimated emission reductions are shown in Table 16. Obtaining the incentives requires the building owners or developers to meet certain efficiency requirements: specifically, that new construction projects meet energy efficiency levels that exceed the State's Title 24 Building Energy Efficiency Standards, and that existing commercial buildings undergo an energy audit. Thus, the program is also a mechanism for achieving the efficiency targets for the Energy sector. By requiring greater energy efficiency for projects that seek solar incentives, the State would be able to reduce both electricity and natural gas needs and their associated greenhouse gas emissions. Table 16: Million Solar Roofs Preliminary Recommendation (MMTC02E in 2020) E-4 I New Solar Homes Partnership) I 2.1 Total 2.1 13. Local Government Actions and Regional Targets Encourage local governments to set quantifiable emission reduction targets for their jurisdictions; recommend regional greenhouse gas emission reduction targets. Local governments and regional government agencies are essential partners in achieving California's greenhouse gas goals. The actions that local governments take individually, and through local and regional planning processes, can reduce greenhouse gas emissions associated with transportation, energy, waste/recycling, and water use. Local governments should build on existing strategies and adopt best practices, such as those developed by the Institute for Local Government's "California Climate Action Network," to achieve greenhouse gas reductions. ARB encourages local governments to develop climate action plans and to set 2020 targets to reduce greenhouse gas emissions. ARB also encourages local governments to incorporate greenhouse gas reduction measures and regional blueprint plans into their general plans. Table 17 summarizes the measure for this section. Local Government Actions Many California local governments have already adopted climate action plans, committing to ongoing efforts to tackle the causes of global warming. The areas of influence and authority for climate action by local governments typically include: 31 II. Preliminary Recommendation Draft Scoping Plan • CommunityEner~. Local governments can directly influence the energy used by their buildings, equipment, and infrastructure. In addition, many cities and counties can influence the carbon content of energy provided to their community through municipal utility operations, as well as the amount of energy used by the community businesses and residents through building codes, conservation programs and other mechanisms. • Community Waste and Recycling. Local governments can directly influence the waste and recycling activities in their municipal buildings. Local agencies can also change the carbon footprint of their jurisdiction's waste and recycling operations through collection system adjustments, as well as through promotion of waste reduction and recycling to community businesses and residents. • Community Water and Wastewater Systems. Local governments can work to reduce water use in municipal operations. They can reduce energy use of water, irrigation, and waste water systems operated by their municipal agencies, by upgrading or retrofitting pump systems, and also through community-wide water conservation and reclamation program efforts. • Community Transportation. Local governments can increase the carbon efficiency of vehicles in their fleets. They can directly influence the local transportation planning processes to increase the use oflow-carbon travel such as transit, carpooling, biking, and walking. They can also partner with regional planning agencies to create a sustainable vision for the future that accommodates population growth in acarbon-efficient way. • Community Design. Local governments have the ability to directly influence both the siting and design of new residential and commercial developments in a way that reduces greenhouse gases associated with energy, water, waste, and vehicle travel. They must account for environmental impacts in these decisions. Although not quantified at this time, actions taken by local government are expected to provide significant greenhouse gas reductions that ARB will track and account for as the Scoping Plan is implemented. ARB, along with relevant State agencies, will work with California Climate Action Registry, ICLEI-Local Governments for Sustainability, Local Government Commission, and the Institute for Local Governments "California Climate Action Network," to develop measurement and tracking protocols, planning tools and best practices to assist local governments in planning for, quantifying and reporting greenhouse gas emissions reductions. Using these tools, ARB encourages local governments to set municipal and community- wide 2020 greenhouse gas reduction goals and adopt measures and best practices to meet those goals. ARB will work with local governments to reconcile local level accounting with state and regional emissions tracking as the Scoping Plan is implemented. 32 Draft Scoping Plan II. Preliminary Recommendation Recommended Regional Targets This measure is based on current modeling showing how changes from improved land use and transportation planning in major urban areas could provide greenhouse gas reductions of at least two percent over business as usual in 2020, double the benefits in 2030, and continued benefit increases through 2050. While improved vehicle technology and lower carbon fuels provide most of the transportation reductions in 2020, additional reductions can be achieved by making the connection between transportation and land use. This scenario reflects an increased emphasis on urban infill development: more mixed use communities, improved mobility options, and better designed suburban environments. ARB, along with other State agencies, will work with regional and local governments to develop targets to reduce greenhouse gas emissions on a regional basis. ARB and local and regional governments will collaborate to design a comprehensive process to meet these targets. This resulting system at a minimum should: • Use integrated scenario modeling to align regional transportation plans and local general plans • Take into consideration other State policy goals • Incorporate performance indicators to monitor progress • Coordinate local and regional planning efforts to achieve maximum reductions • Establish priorities for and direct State resources to help local and regional governments meet the regional greenhouse gas targets Transportation planning is done on a regional level in major urban areas, reflecting local land use patterns and decisions. Through efforts such as the "Blueprint' planning model, regions can select future growth scenarios that lead to more sustainable communities. Blueprint plans are developed through an extensive public process to provide for local accountability. Implementation relies on local general plans and project level decisions being consistent with the Blueprint. Through the Blueprint planning process, regions can map out preferred land use and transportation scenarios that meet the recommended targets while addressing housing needs and other goals. ARB, along with relevant State agencies, will work with local and regional governments to secure the funding necessary for robust scenario planning, mapping and general plan updates. ARB will also work with the Governor's Office of Planning and Research to ensure that the California Environmental Quality Act (CEQA) will provide recognition of projects that are consistent with general plans that align with blueprints that meet regional greenhouse gas targets. 33 II. Preliminary Recommendation Draft Scoping Plan Table 17: Local Government Actions and Regional Targets Preliminary Recommendation (MMTCO2E in 2020} 14. High Speed Rail Support itnple~nentatian of a high speed rail system Total 2 A high speed rail (HSR) system is part of the statewide strategy to provide more mobility choice and reduce greenhouse gas emissions. This measure supports implementation of plans to construct and operate a HSR system between Northern and Southern California. As planned, the HSR is a 700-mile-long rail system capable of speeds in excess of 200 miles per hour on dedicated, fully-grade separated tracks with state-of--the-art safety, signaling and automated rail control systems. The system would serve the major metropolitan centers of California in 2030 and is projected to displace between 86 and 117 million riders from other travel modes in 2030. For Phase 1 of the HSR, between San Francisco and Anaheim, 2020 is projected to be the first year of service, with 40 percent of the projected 2030 ridership levels. HSR implementation is dependent on voter approval, and maybe placed on the ballot as early as November 2008. If approved, construction of HSR is anticipated to begin in 2010, with full implementation anticipated in 2030. Table 18: High Speed Rail Preliminary Recommendation (MMTCO2E in 2020} T-10 15. Recycling and Waste Increase waste diversion, corr2pasting, and cot~nt~nercial recycling, and move toward zero-waste. When organic matter, construction materials and garbage are discarded, they end up in the state's landfills and disposal sites. Methane emissions produced from landfills can be captured and controlled, rather than emitted uncontrolled or flared. In many cases this captured methane can be used as a fuel. In addition, capturing this methane can result in air quality benefits as other landfill gases, such as volatile organic compounds, are also captured and removed. ARB is working closely with the California Integrated Waste Management Board (CIWMB) to develop a measure to reduce methane emissions from landfills. 34 Draft Scoping Plan II. Preliminary Recommendation California also has a long track record of turning waste into resources, and in the process, realizing significant greenhouse gas emission reductions. Increasing waste diversion from landfills beyond the current rate of 54 percent (which exceeds the 50 percent mandate) provides additional recovery of recyclable materials. This will directly reduce greenhouse gas emissions by re-introducing recyclables with intrinsic energy value back into the manufacturing process, and indirectly by reducing the need for virgin materials extraction, though these reductions may not occur in California. Many programs and initiatives currently under way at the CIWMB, such as composting and commercial recycling, could have substantial greenhouse gas benefits but their in-state reductions have not been quantified at this time. In the long term, zero-waste policies that would require manufacturers to design products to be fully recyclable maybe necessary. ARB is continuing to work with the CIWMB to determine whether any of these programs and initiatives should be pursued for regulatory development in the near-term. Table 19 summarizes the emission reductions from the preliminary recommendation. Table 19: Recycling and Waste Sector Preliminary Recommendation (MMTC02E in 2020) RW-1 ~ Landfill Methane Control (Discrete Early Action) ~ 1 Total 16. Agriculture In the near-terra, encourage investment in manure digesters and at the five year Scoping Plan update determine if the program should be made mandatory by 2Q20. Increase efficiency and encourage use of agricultural biomass for sustainable energy production. Encouraging the capture of methane through use of manure digester systems at large dairies will provide early voluntary emission reductions. This measure is also a renewable energy strategy to promote the use of captured gas for fuels or power production. Initially, economic incentives such as marketable emission reduction credits, favorable utility contracts, or renewable energy incentives will be needed. The preliminary recommendation does not include quantified reductions since the initial approach is voluntary. ARB is working with the California Climate Action Registry on a tnanure digester protocol to establish methods for quantifying greenhouse gas reductions from voluntary actions. The voluntary approach will be re-assessed at the five-year update of the Scoping Plan to determine if the program should become mandatory in 2020. The use of nitrogen fertilizers which produce NZ~ emissions is the other significant source of greenhouse gases in the Agricultural sector. ARB has begun a research program to better understand the variables affecting emissions (Phase 1) and based on the findings will explore opportunities for emission reductions (Phase 2). 35 II. Preliminary Recommendation Draft Scoping Plan As recommended by ETAAC, other opportunities for further reductions include efficiency measures, such as water efficiency, and biomass utilization for fuels and power production. Like the energy produced from manure digestion, development of other bioenergy sources, such as crop residue, will be tracked and accounted for in the Energy sector. Increasing carbon sequestration in soils and permanent crops is desirable but sound quantification protocols are not yet developed. Further research is also needed to understand and quantify the benefits of practices to reduce direct methane emissions from livestock digestive processes. Table 20: Agriculture Preliminary Recommendation (MMTC02E in 2020} A-1 ~ Methane Capture at Large Dairies ~ 1 Total 17. Energy Efficiency and Co-Benefits Audits for Large Industrial Sources Require assessment of large industrial sources to determine whether individual sources within a facility can cost-effectively reduce GHG emissions and provide other pallution reduction co-benefits. This measure would apply to major industrial facilities with more than 0.5 MMTCOZE per year of greenhouse gas emissions. In general, these facilities also have the significant emissions of criteria air pollutants, toxic air pollutants, or both. Major industrial facilities include power plants, refineries, cement plants, and miscellaneous other sources. ARB would implement this measure through a regulation, requiring each facility to conduct an audit of the energy efficiency of individual sources within the facility to determine the potential to reduce greenhouse gases, criteria air pollutants, and toxic air contaminants. The audit would include an assessment of the impacts of replacing or upgrading, older, less efficient units such as boiler and heaters, or replacing the units with combined heat and power units. The analysis would indentify the potential emissions reductions, the costs, the cost- effectiveness, the technical feasibility, and the potential to reduce air pollution impacts on local populations. ARB will use the results of the audit to determine if certain emissions sources within a facility can make cost-effective GHG reductions that also provide needed reductions in other criteria or toxic pollutants. Where this is the case, rule provisions or permit conditions would be considered to ensure the best combination of pollution reduction. as Because the emission reductions from this measure are not required, they are not counted in the total. 36 Draft Scoping Plan II. Preliminary Recommendation Table 21: Energy Efficiency and Co-Benefits Audits for Large Industrial Sources Preliminary Recommendation (MMTC02E in 2020} C. Other Measures Under Evaluation Total TBD In addition to the recommended measures, ARB is also evaluating other measures for possible inclusion in the Proposed Scoping Plan -either in addition to or instead of the recommended measures. In some cases, ARB did not have enough information to make a decision about whether to recommend these measures. In others, ARB has identified other ways to achieve the same emission reductions. ARB will continue to evaluate both the recommended measures and the measures under evaluation (including the potential environmental and economic impacts), to receive and to consider public input on the suite of measures that should be included in the Proposed Scoping Plan. 1. Other Sector-Based Measures In the developtnent of the Draft Scoping Plan, ARB considered hundreds of reduction concepts from the CAT, EJAC, ETAAC, stakeholders, and the public. The measures below are the most promising additional measures that ARB is considering for possible inclusion in the Proposed Scoping Plan. Please note that Appendix C also includes additional measures that ARB, in concert with the CAT, is continuing to evaluate for possible inclusion in the Proposed Scoping Plan. Estimated emissions reductions for these measures are presented in Table 22. Transportation Feebates: A feebate regulation would combine a rebate program for low-emitting vehicles with a fee program for high-emitting vehicles. This program would obtain additional greenhouse gas emission reductions from California's new light-duty vehicles, and could be expanded to include medium-duty vehicles as well. As discussed in the preliminary recommendation, if California is unable to implement the Pavley regulations, this program could be adjusted to obtain the foregone emission reductions. Congestion Pricing: Research has shown that sending market signals that reflect the cost of driving can improve transportation system efficiency and reduce emissions. In a congestion pricing program, vehicles are charged a price, or toll, for traveling during peak hours on congested routes. Drivers who continue to travel on these routes during peak periods would pay more, but experience a faster, easier trip. Others would defer trips to off-peak hours, shift travel to less congested roadways, or switch to transit, carpools, or vanpools. Greenhouse gas emission reductions would 37 II. Preliminary Recommendation Draft Scoping Plan come directly from the relief of severely congested traffic, some reduction in vehicle travel, and from the investment of funds in transit infrastructure that would provide additional transportation options during congested hours. Regional planning agencies would need legal authority from the State to implement congestion pricing measures. Pay-As-You-Drive (PAYD): In Pay-As-You-Drive (PAYD) programs insurance premiums are set based on driving record and other traditional risk factors, but are broken down into per-mile charges. Motorists would have the opportunity to lower their insurance costs by driving less. PAYD insurance offered to a large percentage of California drivers would have the potential to significantly reduce vehicle miles traveled and greenhouse gas emissions. California's Department of Insurance is considering potential regulatory requirements for such programs. Indirect Source Rules for New Development: "Indirect source" rules are designed to address air pollutant emissions associated with residential and commercial developments. These developments attract traffic and result in other indirect emissions. For example, research shows that low-density development located distant from employment centers and other destinations has a high transportation carbon footprint. Adoption of regional indirect source rules could provide reductions in greenhouse gases through better project design and mitigation of emission impacts. Public Education and Programs to Reduce Vehicle Travel: Engaging the public to reduce their transportation carbon footprint through voluntary actions can provide immediate greenhouse gas benefits. Large scale public education programs in California have been successful in reducing energy use and waste. Similar outreach programs to encourage increased transit use, consolidation of vehicle trips, walking, biking, and other actions could help reduce growth in vehicle travel. Employer programs can reduce or mitigate impacts of commute trips, such as telecommute and flex-time work schedules. Electricity and Commercial/Residential Sector ARB will continue to work with the California Energy Commission and the Public Utilities Commission to pursue more aggressive building and appliance efficiency standards. The State is also investigating zero net energy targets for new buildings. ARB is considering measures that would expand existing solar programs such as the Million Solar Roofs Program and the Residential Solar Hot Water Heater Installation Program. ARB is also considering additional energy efficiency targets that are 8,000 GWh and 200 million therms higher than those included in the preliminary recommendations. Meeting these targets would require aggressive utility programs and major changes to the building and appliance efficiency standards. Existing residential and commercial buildings offer tremendous potential for meeting these efficiency targets because the majority of California's stock was built to lesser or non-existent building standards. ARB will work with other State agencies to evaluate mechanisms for aggressively promoting environmental performance testing and 38 Draft Scoping Plan II. Preliminary Recommendation ratings for all existing homes and commercial buildings. Building owners that have not taken advantage of these programs could be required to do so at time of sale. ARB and other State agencies are exploring innovative financing options to help buildings owners spread the costs over the lifetime of the building and allow the measures to more than pay for themselves. This would require action by many State agencies including the ARB, the Business, Transportation and Housing Agency, the State and Consumer Services Agency, the Public Utilities Commission, the California Energy Commission, and the Department of General Services. Coal Emission Reduction Standard: Approximately 32,000 GWh of the electricity consumed each year in California comes from coal-based generation, with approximately 87 percent of this imported from out-of--state facilities. ARB is working with the CEC and the CPUC to evaluate approaches to reduce the carbon dioxide associated with their current coal-based electricity sales, including requiring electric service providers to divest or otherwise mitigate portions of existing investments in coal-based generation. Industry California's industries account for 20 percent of the state's greenhouse gas emissions -and about one-and-a-half million jobs in the state. While manufacturing in California has declined in the past few years, it is still a major driver of the state's economy and provides significant opportunities for greenhouse gas reductions. The Industry sector is broad and includes many diverse operations around the state, from pumping oil to manufacturing semiconductors to producing cement to building automobiles to construction activities. In the recommended measures, this sector's emissions would be significantly reduced via the cap-and-trade measure. However, opportunities to use other mechanisms to obtain reductions are also under consideration. Cement: Concrete and cement are the foundation of our infrastructure: freeways, canals, dams, transmission towers, house foundations and high-rise buildings. However, the manufacturing of cement is very COz-intensive. Much of California's cement is produced in just 11 plants in the state. However, the industry faces stiff competition from cement importers -about 40 percent of the state's cement is imported. ARB is considering approaches that would reduce emissions during the production process, reducing the carbon-intensity of cement when used in concrete, and reducing the amount of concrete that is delivered to job sites but not used. Since cement imports are a major part of California's cement use, all of these approaches include consideration of both in-state production and imported cement. ReFmeries/Oil and Gas Production: California is also a major oil and gas producer as well as a regional refining center. Crude oil, both from in-state and imported sources, is turned into useful products at 21 oil refineries in the state. ARB is evaluating a suite of measures that include capturing methane emissions during 39 II. Preliminary Recommendation Draft Scoping Plan extraction, reducing methane leaks during transmission, improving the efficiency of refineries, and capturing methane at refineries. Boiler and Engine Efficiency: ARB is also considering measures that would increase efficiency in other industries that use industrial boilers or on-site internal combustion power sources, and for off-road equipment like forklifts and bulldozers. Glass Plants: There are several possible approaches to reducing greenhouse gas emissions from glass manufacturing. In general, this involves the use of recycled materials or improving the energy efficiency of the process. Table 22: Estimated Potential Emission Reductions from Measures Under Evaluation (MMTC02E in 2020} Measure Description Reductions Feebates for New Vehicles 2-6 Con estion Pricin u to 1 Pa -As-You-Drive u to 1 Indirect Source Rules for New Develo ment u to 1 Pro rams to Reduce Vehicle Tri s u to 1 Electricity Energy Efficiency (Up to Additional 8,000 GWh of Reduced Demand) • Utility Energy Efficiency Programs • Building and Appliance Standards • Additional Efficienc and Conservation up to 4 Million Solar Roofs (including New Solar Homes Partnership) • U to S,000MW Total Installation b 2020 up to 1 Reduce Coal Generation b u to 13,000 GWh u to 8• Natural Gas Energy Efficiency (Up to Additional 200 Million Therms of Reduced Demand) • Utility Energy Efficiency Programs • Building and Appliance Standards • Additional Efficienc and Conservation up to 1 Solar Water Heatin be and SB 1470 oal u to 1 Carbon Intensit Standard for Cement Manufacturers 1.1-2.5 Carbon Intensit Standard for Concrete Batch Plants 2.5-3.5 Waste Reduction in Concrete Use 0.5-1 Refiner Ener Efficienc Process Im rovement 2-5 Removal of Methane Exem tion from Existin Refiner Re ulations 0.01-0.05 Oil and Gas Extraction GHG Emission Reduction 1-3 GHG Leak Reduction from Oil and Gas Transmission 0.5-1.5 Industrial Boiler Efficienc 0.5-1.5 Stationa Internal Combustion En ine Electrification 0.1-1 Glass Manufacturing Efficiency • Equipment Efficiency • Use of Rec cled Material 0.1-0.2 Off-Road E ui ment u to 0.5 *Assumes coal generation is replaced by combined cycle gas turbine generation. 40 Draft Scoping Plan 2. Carbon Fees II. Preliminary Recommendation Carbon fees can play two distinct roles in implementing AB 32. Fees can be used as a powerful tool to incent emission reductions by affecting the relative prices within the economy. By making carbon-intensive fuels and GHG-intensive products relatively expensive compared to low-carbon fuels and low-GHG products, carbon fees can affect consumption and investment within the economy and reduce GHG emissions. Fees would also provide a source of revenue to pay for reductions or achieve other goals related to the program. Both roles for carbon fees are discussed in this section. Even if they are not used to manage emissions, fees will be part of the overall AB 32 program in more targeted ways. For example, relatively modest fees similar to the public goods charge on electricity could be applied to water and to pay for targeted efficiency programs or other measures aimed at reducing GHG emissions. Targeted fees are also likely to be included to help pay for implementation of some of the measures included in the Plan. At a minimum, ARB will develop a fee structure to pay for administration of the AB 32 program. ARB is also including evaluation of carbon fees to incent significant emission reductions in the ongoing evaluations. Such fees would need to be sufficiently high to change behavior over time and be widely spread across those sectors of the economy responsible for a large majority of GHG emissions. While some fees could be levied at emission sources, broader coverage could be achieved using an upstream approach to cover virtually all GHG emissions from the combustion of natural gas, petroleum, and coal in California. Other mechanisms could cover sources of industrial process emissions, high-GWP gases, and electricity imports. In practice, for GHG emissions from in-state combustion sources, the fees would be levied at key delivery points for natural gas, gasoline and diesel. For other emissions, the fees would be levied on industrial process sources, on suppliers of high-GWP gases, and on imported electricity through a mechanism similar to the first jurisdictional deliverer approach being considered for the cap-and-trade program. The level of the fees would need to be set based on economic evaluations identifying the amount of emission reductions likely to be achieved from different fee levels. To incent significant reductions, fees would likely need to be set between $10 and $50 per metric ton COzE. For every $10/metric ton, the fees would increase the wholesale price of coal-fired electricity by $0.01 per kilowatt-hour, of gasoline by $0.10 per gallon, and natural gas by $0.05 per therm. While this type of price signal would have some effect on consumer buying patterns, the larger effect would be on the investment decisions and fuel choices made by suppliers of goods and services. Fees could be widely applied to most emissions sources, likely generating billions of dollars per year in revenue that could be directed toward various purposes, including programs that achieve GHG emission reductions more directly. Every $10 per ton, if placed on all emissions of GHGs in California, would result in more than $4 billion per year through the life of the program. 41 II. Preliminary Recommendation Draft Scoping Plan The revenue generated through broad or targeted carbon fees could be used to decrease the costs borne by consumers and to increase the economic, environmental and public health benefits of the program. Possible uses include providing incentives for additional reductions, investment in efficiency and renewables, research and development and deployment of green tech, mitigation of consumer price increases, or adaptation. Revenue use is discussed in more detail in Section C. Carbon fees, while supported by a number of interests, have received less attention during the development of the Draft Plan, in large part because they provide less certainty in California's ability to meet specific emission targets, as required under AB 32. Such a program could also provide a useful transition to a larger regional or federal system by creating a financial incentive for California companies and consumers to incorporate GHG emissions into their economic decision making. This approach could be similar to that recently adopted by British Columbia, which has imposed a carbon fee that includes provisions for a transition to a future regional cap- and-trade system. Carbon Fees Implementation Implementing an upstream carbon fee would require the development of a monitoring and reporting system to track all fossil fuels produced in or imported into California, as well as fuel exports. The Market Advisory Committee describes what this type of program would look like for an upstream cap-and-trade program.29 The administrative details relating to who is regulated would be the same for an upstream carbon fee or for an upstream cap-and-trade program. For transportation fuels, ARB would establish a system to monitor the amount of carbon sold by refiners and importers in the form of gasoline and transport diesel fuel. Approximately 30 such sources are located in the state (including refiners, importers, and blenders). The fees would be levied on all natural gas processing plants, the state's seven interstate natural gas pipelines, and pipelines from Mexico. Data on fossil fuel flows are currently collected by a diverse group of municipal, state, and federal regulatory agencies, though this information is of varying quality and collected for different reporting periods. A system would be needed to track imports of coal. Some industrial sources that have significant process emissions (mainly cement and nitric acid production) and suppliers of high-GWP gases would also need to be included. Emission fees for California-bound electricity that is generated by power plants outside the state would need to be assessed on firms that deliver electricity to the California power grid. These entities would include independent power marketers that purchase electricity imports for sale to California utilities, California utilities that import their electricity from other states, and independent out-of--state electricity z9 Market Advisory Committee. Recommendations for Designing a Greenhouse Gas Cap-and-Trade System for California. June 2007. http://climatechange.ca.gov/market advisory committee/index.html 42 Draft Scoping Plan II. Preliminary Recommendation generators that sell or contract electricity directly to the California utilities or the California grid operator. To provide the needed GHG emission reductions, carbon fees would need to increase over time. The fees would be set high enough to drive investment and fuel use choices toward more efficient and lower carbon options. The fee level and rate of increase would be guided by economic analysis that considers the availability, phase- in, and cost of achievable technologies, and guided by a price structure that would stimulate changes to lower carbon activities. Carbon fees would be administered by the ARB, and would be assessed at the same rate per MMTCOzE. A specific fee schedule would need to be established to define the rate of increase between 2012 and 2020. ARB would closely monitor emissions reduction progress throughout the program. The level of the fees might need to be adjusted from the schedule initially adopted by the Board if emissions reductions are insufficient to support meeting the 2020 target. Any adjustments to the fee schedule would be undertaken through the regulatory process and involve public review and input. Because the economic modeling for the Scoping Plan is still in a preliminary state, no estimates are currently available for the level of fees that would be needed to meet the AB 32 emissions target for 2020. The carbon fee and regulatory measures would complement each other. Emissions and energy use from sectors covered by a carbon fee would also be addressed through the recommended measures. As sources comply with these measures, affected entities would reduce their emissions and therefore the amount of the fee they would need to pay. 3. Offsets Many individual activities that are not easily addressed under regulatory approaches can nevertheless result in cost-effective, real, additional, and verifiable GHG reductions. Individual emission reduction projects can be developed to achieve emission reductions from activities not otherwise regulated, covered under an emissions cap, or resulting from government incentives. These projects can generate "offsets," i.e. verifiable emission reductions whose ownership can be transferred to others. Offsets are generally separated into two types -compliance offsets and voluntary offsets. Compliance Offsets If offsets are used for compliance purposes, the reductions must be real, additional, verifiable, enforceable and permanent. Reductions from compliance offset projects must be quantified using rigorous measurement and enforcement protocols. The methodology provides a basis to determine whether the reductions are also additional, i. e. beyond what would have happened in the absence of the offset project. Establishing that reductions are additional is one of the major challenges in establishing the validity of particular offset projects. Once a project can quantify 43 II. Preliminary Recommendation Draft Scoping Plan emissions using an approved methodology, the emission reductions must be verified to ensure that real reductions actually occurred. Compliance offsets can provide regulated entities a source of low-cost emission reductions to use for specified regulatory obligations to the extent allowed under traditional regulations, acap-and-trade program, and programs that establish carbon fees. Offsets also provide opportunities for the most cost-effective reductions to be pursued early in the program, which can help meet the AB 32 emission reduction target sooner and at a lower-cost. By lowering overall costs, an offset program can serve to encourage GHG emission reductions from sources not covered by a regulation or cap- and-trade system which can further spur innovation in unregulated sectors. Offsets can also reduce compliance costs and encourage the spread of clean, efficient technology outside California. The locations of offset projects are an important consideration. High quality offset projects located outside California can help lower compliance costs in California while reducing GHG emissions in areas that would otherwise lack the resources needed to do so. Projects in the Mexican border region maybe of particular interest, considering the opportunity to realize considerable co- benefits on both sides of the border. Additionally, defining project types related to imported commodities (such as cement) would enable California to provide incentives to reduce emissions associated with products that are imported into the state for our consumption. Allowing offset projects from outside California to count for compliance under AB 32 could reduce the amount of reductions occurring within the state, and which would reduce the local economic, environmental and public health co-benefits from GHG emission reduction. Therefore, ARB is considering limiting the use of offsets for regulatory compliance obligations to help ensure a significant portion of required reductions come from within the state and within the regulated sectors. This issue is being considered in the ongoing evaluations, and will be further addressed in the evaluation supplement that will be published this summer and in the Proposed Scoping Plan. Offsets could also be used by a source subject to direct regulation if the regulation would need specifically provides for its use. In this case, the State would need to demonstrate that the emission reduction benefits can be calculated and that the program has a means of taking enforcement actions for non-compliance. Offsets used to meet regulatory requirement must be quantified according to Board- adoptedmethodologies, and ARB must adopt a regulation to verify and enforce the reductions (HSC §38571). While offsets could play a role under other measures, ARB is currently considering the use of compliance offsets primarily under the cap- and-trade system. The potential role of offsets in that context is discussed in Section B, above. 44 Draft Scoping Plan Voluntary Offsets II. Preliminary Recommendation Voluntary offset markets have recently flourished as a way for companies and individuals to offset their emissions by purchasing reductions outside of their own operations. These transactions are largely completed by offset retail providers who either transfer the money to a fund that generates emission reduction credits by financing projects and then retiring them, or sends the credits for retirement to organizations that find solutions for climate change. A number of major companies have also established `carbon neutral' policies, under which they seek to minimize their GHG emissions to the extent possible, and buy voluntary offsets. Businesses often use brokers who match businesses directly with offset providers. ARB believes voluntary effort to reduce GHG emissions will play an important role in meeting the State's overall GHG goal. ARB encourages all Californians to take voluntary action to reduce their carbon emissions, and recognizes the importance that this type of voluntary action can have in creating support for and momentum toward GHG emission reductions. As specified in AB 32, ARB will adopt methodologies for quantifying voluntary reductions. (HSC §38571) The Board has adopted a methodology for forest projects in October 2007, and is scheduled to consider methodologies for dairy digester projects and additional forest projects later this year. While these methodologies can be used for voluntary offsets projects, the Board would need to adopt regulations to verify and enforce voluntary reductions achieved under these or other approved methodologies before they could be used for compliance purposes. (HSC §38571) Voluntary Early Action In February 2008, ARB adopted a policy statement encouraging the early reductions of GHG emissions. The policy statement described a process for interested parties to submit proposed emission quantification methodologies for voluntary GHG reductions to ARB for review. The intent is to provide a rapid assessment of methodologies for evaluating potential GHG reduction projects to encourage early actions. Where appropriate, ARB will issue Executive Orders to confirm the technical soundness of the methodologies, and the methodology would be available for use by other parties. ARB is currently in the process of evaluating a number of submitted project methodologies. 4. Use of Possible Revenues Revenues maybe generated from the implementation of various components of the Scoping Plan, including by the use of auctions within acap-and-trade system, adoption of carbon fees, or through the imposition of more targeted measures like public goods charges on water. These revenues could be used to support AB 32 requirements for GHG emission reductions and associated socio-economic considerations. The Economic and Technology Advancement Advisory Committee (ETAAC) recommended the creation of a California Carbon Trust as a possible mechanism for 45 II. Preliminary Recommendation Draft Scoping Plan using revenues generated by the program, leveraged with private funds, to further the overall program goals. ETAAC's recommendation is roughly based on the United Kingdom Carbon Trust. The United Kingdom program was established with public funds, but now functions as astand-alone corporation, providing management and consulting services to corporations and small and medium businesses on reducing GHG emissions, but it also funds innovations in carbon reduction technologies. ETAAC recommended the creation of a similar organization that would use revenue from the sale of carbon allowances or from carbon fees to: • Fund research and development and demonstration projects, • Help bring promising and high potential technologies through the "Valley of Death," and get them to market to begin providing cost-effective reductions, • Manage the early carbon market and mitigate price volatility, purchasing credits and selling them or retiring them as needed, • Dedicate resources to fund projects to achieve AB 32 Environmental Justice Goals, or • Support a green technology workforce training program. ARB is considering the possible creation and use of a Carbon Trust as a vehicle directing use of revenues from the AB 32 program. The considerations discussed here for spending revenues apply equally to the use of revenues from an auction for allowances within acap-and-trade system or to revenues generated from a carbon fee. In either case, some industries (or their customers) might believe that the revenue generated from their sector should be returned to them or their customers. For example, the CEC and CPUC specifically recommended that significant portions of the revenue generated from the Electricity sector under acap- and-trade program be used within the sector. In the case of more targeted revenues from a public good charge, the intent would be to use the funds for program purposes within the sector in which it was raised. Possible uses of the revenue generated under the program include: Reducing costs of emission reductions or achieving additional emission reductions -Funding energy efficiency and renewable resource development could lower overall costs to consumers and companies, and provide the opportunity to achieve greater emission reductions than would otherwise be possible. Program revenues could be used to fund programs directly, or create financial incentives for others. • Achieving environmental co-benefits -Criteria and toxic air pollutants create health risks, and some communities bear a disproportionate burden from air pollution. Revenues could be used to enhance GHG emission reductions that also provide reductions in air and other pollutants that affect public health. • Incentives to local governments -Funding or other incentives to local governments for well-designed land-use planning and infrastructure projects can 46 Draft Scoping Plan II. Preliminary Recommendation do much to discourage long commutes and encourage walking, bicycling and use of transit. • Consumer rebates -Utilities and other businesses could use revenues to support and increase rebate programs to customers to offset some of the cost associated with increased investments in renewable resources and to encourage increased energy efficiency. • Direct refund to consumers -Revenue from the program could be recycled directly back to consumers in a variety of forms including per capita dividends, earned income tax credits, or other mechanisms. • Climate change adaptation programs -Climate change will impact natural and human environments. Program revenues could be used to help the state adapt to the effects of climate change. • Subsidies -Revenues could be used to reduce immediate cost impacts to covered industries required to make substantial upfront capital investments to reduce GHG emissions. • RD&D funding -Revenues could be used to support research, development, and deployment of green technologies. • Worker transition assistance -Regulating GHG emissions will probably shift economic growth to some sectors and green technologies and away from higher carbon intensity industries. Worker training programs can help the California labor force be competitive in these new industries. • Administration of a GHG program -Revenues could be used to underwrite the State's AB 32 programs and operating costs. • Direct emission reductions -Revenues could be used to purchase COz reductions for the sole purpose of retirement, providing direct additional GHG emission reductions. Potential projects such as afforestation and reforestation would both sequester COz and provide other ecological benefits. Many of the potential uses of revenue would help ARB implement the community benefit section of the AB 32 (HSC §38565) which directs the Board, where applicable and to the extent feasible, to ensure that the GHG reduction program directs public and private investment toward the most disadvantaged communities in California. ARB is seeking comment on how such revenues could best be used. 47 (This Page Intentionally Blank) Draft Scoping Plan III. Analysis III. ANALYSIS: Costs and Benefits The primary purpose of the Scoping Plan is to develop a set of measures that will provide the maximum cost-effective and technologically feasible GHG emission reductions. In developing this Plan, ARB is evaluating the effect of these measures on California's economy, environment, and public health. This Chapter outlines these preliminary and planned analyses. ARB is conducting broad evaluations of the potential impacts of the Scoping Plan, and will conduct more specific evaluations during regulatory development (HSC §38561(d), and HSC §38562(b)). Prior to inclusion of market-based compliance mechanisms in a regulation the Board will consider direct, indirect and cumulative emission impacts, and, to the extent possible, localized impacts in communities that are already adversely impacted by air pollution (HSC §38570(b)). For this Draft Scoping Plan and the supplemental evaluation that will be available in summer 2008, ARB is focusing on an evaluation of the preliminary recommendation and other measures under evaluation. The specific statutory language is included in Appendix A. A. Criteria for Developing the Preliminary Recommendation To develop the preliminary recommendation, ARB used a set of criteria designed to assess the ability to reach the 2020 target, the economic and societal impacts, and the potential to influence regional and national climate change programs. These evaluations are preliminary, and they will be supplemented with additional information in summer 2008. Achieve the 2020 cap: The recommended program includes a regional cap-and-trade program along with major regulations and programs that provide emission reductions from specific sectors. As part of the cap-and-trade program, major sources of emissions would be subject to an emission cap which must be met, regardless of growth. Inclusions of strong reporting and enforcement requirements in this program would provide certainty in achieving the 2020 cap. In addition, the largest sectors would also be subject to other recommended measures, which provide significant cost-effective reductions and complement the cap-and-trade system. Maximize economic benefits and minimize economic harm: ARB must consider the economic impacts of the Scoping Plan (HSC §38561(d)). These economic impacts vary from impact on statewide indicators such as gross state product and the number of jobs to more specific effects like the potential impacts on households, particularly low-income households. As discussed below, preliminary information indicates that the projected effect of the recommendation on the state economy is likely to be overall positive, but very small relative to expected growth. More detailed analyses of the economic impacts will be provided in summer 2008. ARB is 49 III. Analysis Draft Scoping Plan also evaluating the potentially beneficial impacts of new job creation in the emerging "greentech" industry, and the significant advantage that California industry could reap from the State's "first mover" status. Investment in California in this arena is increasing, which may result in expansive economic benefits similar to past technological revolutions in California like information technology and telecommunications. Maximize societal benefits, including environmental and public health co- benefits: The evaluation of the potential environmental, public health and societal impacts of the Scoping Plan (HSC §38561(d); HSC §38562(b)(6)) is ongoing. These analyses include an evaluation under the California Environmental Quality Act, an assessment of the criteria pollutant and air toxic emissions, an evaluation of the potential public health impacts, and an evaluation of societal benefits including fuel diversity. These evaluations are currently in progress and will be available in summer 2008. Provide leadership and influence other governments: California contributes only a small portion of global greenhouse gas reductions, and by itself, California cannot solve the climate change challenge. However, as one of the first states to develop a comprehensive climate change plan addressing all emission sources, California can influence the regional and national debate about how best to address climate change. Under the preliminary recommendation, California can play a significant role in the regional and national dialogues about future climate change programs. By working with the Western Climate Initiative (WCI) to design a regional cap-and-trade program, California can ensure that the state's interests are represented in the design of the programs. By taking the lead in implementing an enforceable GHG emission reduction program, California will influence the debate around the design of the future federal system. In addition, the Draft Plan calls for significant regulatory development, which will provide technical leadership for other states and countries to follow. For example, 13 states have already adopted California's Pavley clean car standards. Pursuing further regulations will provide additional opportunities for other governments to adopt similar regulations. Assure that emissions reductions required of each sector are equitable: A central tenet of the Draft Scoping Plan, and all of ARB's programs, is that emission reduction obligations should be distributed equitably across all sectors. However, to determine an equitable distribution, ARB will consider the magnitude of emission reduction measures, the percentage reduction, the cost of the reductions, the cost-effectiveness of the reductions, the timing of the control measures (particularly as it relates to other control requirements), and whether every sector has contributed reductions. The preliminary recommendation seeks to balance acap-and-trade program with regulations, where needed. The cap-and-trade program is expected to encourage the lowest-cost emission reductions to be implemented -some sectors may not contribute any emission reductions, but the reductions that are achieved would likely be the cheapest ones. The regulatory components of the preliminary recommendation 50 Draft Scoping Plan III. Analysis primarily address the Transportation and Energy sectors, which account for overtwo- thirds of California's greenhouse gas emissions. B. Summary of Potential Costs and Benefits The evaluation of the potential costs and benefits of the Scoping Plan is still underway, and additional results will be provided over the summer. Even at this point, however, certain conclusions have emerged, which are discussed in more detail below: • Implementation of the measures in the preliminary recommendation will reduce statewide NOx, VOC and PM emissions due to reduced fuel consumption, with resulting public health benefits. • The impact of the Scoping Plan measures on the state economy is likely to be overall positive, but very small relative to expected growth. C. Evaluations 1. Economic Modeling ARB is evaluating the economic impacts of implementing AB 32. The modeling scenarios that will be assessed include the preliminary recommendation, with different options for the design of the cap-and-trade program included as separate scenarios, greater use of regulations, and implementation of a carbon fee. The modeling results alone will not dictate the appropriate policy direction, but will provide important information on how different approaches to addressing climate change would affect the way business is conducted in California. As part of this effort, ARB developed methods for evaluating the cost-effectiveness of individual emission reduction measures, is assessing potential impacts on small businesses, households, and communities, and is analyzing how the preliminary recommendation might increase or decrease greenhouse gas emissions occurring inside and outside of California. Amore detailed description of the economic models is contained in Appendix G. Three computer models are being used to conduct this evaluation. The first two models, known as the Environmental Dynamic Revenue Assessment Model (E-DRAM) and the Berkeley Energy and Resources (BEAR) model, are macro- economic models that predict how the broad California economy will grow and change as ARB begins to control greenhouse gas emissions. These models, developed by economists at the University of California, Berkeley, simulate the way that changes in energy investment, price and use affect how Californians live their lives. Specifically, this analysis will provide estimates of how personal income may change and will estimate shifts in how people choose to spend money. Changes in personal income are an excellent indicator of California's economic well-being in the long-term, and these models will provide estimates of the economic costs and benefits of implementing the measures under evaluation. E-DRAM and BEAR also model 51 III. Analysis Draft Scoping Plan how different sectors of the economy interact, including how much companies buy from and sell to each other. In aggregate, the amount that companies and individuals buy from and sell to each other determines how, and in which sectors, the state economy grows. The third model, Energy 2020, will complement the macroeconomic models. Energy 2020 describes the way in which energy use is expected to change as GHG emission reduction measures are implemented. Energy 2020 is an economy-wide energy use model that predicts the investment behavior of both energy suppliers and consumers. The model provides information about which sectors make reductions in emissions and the rate by which vehicles, buildings, and industrial processes become more efficient over time. This model also evaluates how much money is spent on fuels and electricity and invested in energy related elements of the economy. The direct and indirect economic effects of implementing AB 32 on the California economy can be better understood when the macroeconomic models and Energy 2020 are used together. Energy 2020 uses inputs of fuel prices, statewide economic activity, and personal income to predict energy use, electricity prices, investment, and greenhouse gas reductions. These outputs are then used as inputs to E-DRAM and BEAR to model the effects of these changes on the overall California economy, including employment, income and spending. The full effect of the policies can be evaluated based on the interaction of these two models: an initial forecast of economic activity and income is used by Energy 2020 to forecast changes in fuel prices and investment; those changes can be used by E-DRAM or BEAR to forecast changes in economic activity and income. This cycle is repeated until only minor changes result from each cycle. Additional modeling work is being conducted by E3 for the California Public Utilities Commission. The E3 model is being using to analyze the impact of AB 32 programs on the Electricity sector. ARB and CPUC have worked together to ensure the assumptions for the Electricity sector used by Energy 2020 and the E3 model are reasonably consistent. ARB has developed preliminary estimates of the costs and savings of the various measures considered in this Draft Plan that will be used as inputs for the economic models. These estimates indicated that the overall savings from improved efficiency and developing alternatives to petroleum will on the whole outweigh the costs. This balance is largely driven by current high energy costs and the degree to which measures increase energy efficiency throughout the economy and move California toward alternatives to fossil fuels. Summary information on costs is included in the measure descriptions in Appendix C. These estimates will be further refined in the coming months. ARB will provide a supplement to this Draft Plan with the results of the economic and other evaluations later this summer. ARB has reviewed a number of the recent modeling studies that have been conducted at the federal level on the potential impact that greenhouse gas reduction policies would have on economic growth. While the conclusions of the studies vary significantly in many respects, nearly all are consistent in regard to one key finding- 52 Draft Scoping Plan III. Analysis any costs associated with the introduction of greenhouse gas reduction policies will have relatively little impact on continued economic growth. Further, these studies have focused almost exclusively on the costs associated with greenhouse gas policies, not the potential for economic and environmental benefits that are likely to flow from awell-designed carbon reduction investment strategy. For example, a number of recent economic modeling studies have been completed attempting to assess the economic impact of the legislation proposed by Senators Lieberman and Warner (S. 2191) or related national climate policy proposals. Although the models differ in terms of methodology and the assumptions upon which they rely, the results of most are similar in terms of projected economic costs. For instance, the Office of Integrated Analysis and Forecasting at the Energy Information Administration concludes that S. 2191 would only slightly reduce overall gross domestic product (GDP) between the range of 0.3 percent and 0.4 percent between 2010 and 2020.30 Economic modeling of S. 2191 conducted at the Massachusetts Institute of Technology projects a similar impact on federal GDP, ranging between a dip of 0.26 percent and 0.38 percent by the year 2030 depending upon various policy design scenarios.31 A recent study by the Environmental Defense Fund calculates the median and average impacts of a federal climate policy on GDP as forecasted by eight recent models. The median projected impact between 2010 and 2030 is 0.47 percent decrease in overall GDP; the average is 0.67 percent.32 Based on these figures, instead of reaching $26 trillion GDP by January 2030 under abusiness-as- usual scenario, the U. S. economy would reach $26 trillion GDP in April of the same year if a federal climate policy were in place. As part of the economic evaluation, ARB is also assessing the potential impact of AB 32 implementation on households by income. Some of the likely impacts of AB 32, such as increased energy prices, are expected to have a larger effect on lower- income households because they spend a higher percentage of their income on energy such as gasoline, electricity, and home heating than do higher-income households. For example, in an April 2007 report the Congressional Budget Office found that price increases for electricity and gasoline would disproportionately affect people at the bottom of the income scale. Such impacts can be partially or fully mitigated through both through more efficient cars and homes, as well as program design options that lower costs (and thereby lower energy costs), protect low-income ratepayers, and/or generate revenue which can be used to directly address increased costs for low income households. Some climate change regulations may help consumers save money. For example, because the Pavley vehicle greenhouse gas standards increase the efficiency of cars 3o Energy Information Administration Office of Integrated Analysis and Forecasting U. S. Department of Energy, Washington DC. Energy Market and Economic Impacts of S. 2191, the Lieberman-Warner Climate Security Act of 2007. Apri12008 3i Paltsev, S., J. Reilly, H. Jacoby, A. Gurgel, G. Metcalf, A. Sokolov, and J. Holak Report 146. Assessment of U. S. Cap and Trade Proposals. Apri12007 (Appendix D, February 2008) '~ Keohane, Nathaniel, and Peter Goldmark. What will It Cost to Protect Ourselves from Global Warming: The Impacts on the U. S. Economy of a Cap and Trade Policy for Greenhouse Gas Emissions. 53 III. Analysis Draft Scoping Plan and trucks, the fuel savings put money directly into consumers' hands to spend on additional goods and services -causing increased economic activity in California. Even when the increased cost of purchasing a Pavley-compliant car is included, at today's high gasoline prices, the consumer will have an extra $30 a month for other expenditures. Additional analysis of the impact of the Draft Scoping Plan on low- income households will be presented in the supplement available in the summer of 2008. ARB has initiated a peer review process through a contract with the University of California to ensure that ARB is making use of the best available economic models, emission estimation techniques, and other scientific methods (HSC §38561(d)). Under this process, a panel of modeling experts will evaluate the economic modeling presented in this draft and the supplemental evaluation. Recommendations and comments from the peer review panel will be addressed in the Proposed Scoping Plan, which will be released in early October, 2008. Staff also plans to characterize the impacts of the Draft Scoping Plan on business, particularly small business. Specifically, staff is developing a supplemental document to be made available this summer that will present the spectrum of economic results from the modeling efforts including potential impacts on business. The analysis will focus on the impact of any changes to the cost of energy (e.g., electricity, natural gas) will have on businesses that have small margins and for which fuel costs represent a significant operational obligation. The results should inform potential impacts of the policies including impacts on profitability and jobs. Any cost projections associated with the adoption of greenhouse gas reduction strategies must also be viewed in light of a shortcoming of all of the economic modeling studies; the inability to accurately account for both the economic and environmental benefits associated with the adoption of a comprehensive climate policy. As discussed below, a number of important environmental and public health co-benefits are likely to accompany the implementation of AB 32. There will be substantial cost savings from taking action sooner rather than later to avoid the more severe impacts of climate change. There will also likely be substantial economic benefits associated with the increasing number of firms in the business of developing, supplying, and delivering clean energy technologies. These are all key factors to keep in mind when evaluating the potential costs of reducing greenhouse gases. ARB is continuing to work on the economic modeling, and plans to publish a supplement with the full set of economic evaluation results this summer. Workshops will be held this summer to solicit comments on the evaluation results. 2. Green Technology California's climate change program will generate investments in climate change emission reductions, yielding potentially vast economic benefits to California. Much of the economic benefit of greenhouse gas emission reductions is from reduced spending on energy. In addition, the process of developing and deploying green 54 Draft Scoping Plan III. Analysis technologies creates new businesses and new jobs. The savings from both reduced energy spending and the income from new jobs is channeled back into the state's economy. California's leadership in green technology development also yields economic benefits by attracting increased investment and generating income from export sales. Many developing regions, like China and Eastern Europe, are experiencing large increases in energy demand -providing large energy efficiency investment opportunities. Successful California-based providers of energy efficiency technologies can capture a share of that rapidly growing export market, estimated at $170 billion ayear. By addressing greenhouse gas emissions, California can help drive innovation by attracting private capital. Environmental policy is just one of the factors that guide technology innovation investors. Investors also seek an "innovation infrastructure" of established research centers, a physical and cultural environment that attracts innovative thinkers, and alarge-scale local market for innovative products. In California, where an "innovation infrastructure" exists, environmental policy can make a difference. California's leadership in environmental and energy efficiency programs is already attracting an increasing share of venture capital investment in green technologies. According to PriceWaterhouseCoopers and the National Venture Capital Association, California's share of national venture capital investment in innovative energy technologies more than tripled from 1995 to 2007. A survey of clean technology investors by Global Insight and the National Venture Capital Association found that public policy does influence where venture capitalists invest. The resulting investments in green technology solutions produce jobs at a higher rate than investment in comparable conventional technologies. Between 1990 and 2006, California green technology businesses grew by 84 percent, adding more than 10,000 jobs to the state's economy. Much of this growth came in the solar energy, energy conservation, and green transportation sectors. Both the Economic and Technology Advancement Advisory Committee and the Environmental Justice Advisory Committee have recognized that the Scoping Plan provides an opportunity to place California business in a leadership position and to increase economic opportunities for all Californians. Where applicable and to the extent feasible, ARB will direct public and private investment toward the most disadvantaged communities in our implementation of the climate change program (HSC §38565). California's aggressive climate change program will lead to significant investment, job creation and export opportunities within the state. Specific program design choices may impact the level and type of investment and jobs created. For example, revenue used to fund long-term research, design and development will induce 55 III. Analysis Draft Scoping Plan different types of investment and jobs than revenue used to fund energy efficiency improvements for small businesses. Offsets may provide an opportunity for innovators to create new emission reduction opportunities in California. 3. Cost-Effectiveness An important requirement of AB 32 is that cost-effectiveness must be considered. This requirement is found in several provisions of the Act. The Act requires the Board to approve a Scoping Plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions (HSC §38561). The Act also requires the Board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions, and to "consider the cost-effectiveness of these regulations" (HSC §38560 and §38562). AB 32 defines "cost-effective" or "cost-effectiveness" as "the cost per unit of reduced emissions of greenhouse gases adjusted for its global warming potential." (HSC §38505(d)). This definition specifies the metric (i. e., dollars per ton) by which the Board must express cost-effectiveness, but it does not provide criteria to assess if a regulation is or is not cost-effective. It also does not specify whether there should be a specific upper-bound dollar per ton ($/ton) cost that can be considered cost- effective, or how such a bound would be determined or adjusted over time. ARB has investigated different approaches that could be used to evaluate the cost-effectiveness of regulations and is recommending the following approach. The set of measures needed to achieve the necessary reductions of about 169 MMTCOzE required by AB 32 would be defined. These measures would be selected to provide the needed reductions in the most cost-effective manner possible. The cost of individual measures could vary widely, but would establish a range from most to least cost-effective. This range will assist the Board in evaluating the cost-effectiveness of individual measures when considering adoption of regulations. The range of acceptable cost- effectiveness may change if effective lower-cost measures and options are identified. Because the both the projections of "business-as-usual" 2020 emissions and the degree of reductions from any given measures maybe greater or less than current estimates, the determination should remain flexible to accommodate a higher or lower estimate ofcost-effectiveness. In addition, the criteria for judging cost-effectiveness can be updated as additional technological data and strategies become available. As ARB moves from developing the Scoping Plan to developing specific regulations, and as regulations continue to be adopted, updated cost-effectiveness estimates will be established. As ARB progresses from proposed strategies and estimated costs to actual regulations, the comparison of cost-effectiveness would move toward the well established practice of comparing the cost-effectiveness of new regulations to the cost-effectiveness of previously enacted and/or similar regulations. This approach is consistent with how cost-effectiveness is evaluated for strategies to reduce criteria and toxic pollutants. 56 Draft Scoping Plan III. Analysis The scheduling of the regulations to be considered by the Board for adoption would be based on practical reasons such as the complexity of the regulation, the size of the potential reductions, or the lead time required for compliance. 4. Potential Impact on Small Business Because of the important role that small businesses play in California's economy, AB 32 requires ARB to take into account the potential for adverse effects on them in developing the Scoping Plan (HSC §38561(e)). Based on the preliminary recommendation identified in this Draft Scoping Plan, the impacts of greenhouse gas emission reduction efforts would vary greatly among different types of small businesses. While the unit cost of electricity and petroleum-based fuels is expected to rise in future years due to a variety of factors, including the need to transition away from carbon, small businesses are more likely than larger ones to have opportunities to offset the impact of these cost increases by taking cost-effective steps to conserve energy or increase energy efficiency. Some of these efforts will have little or no capital cost associated with them, while the cost of more extensive efforts such as purchase of more efficient equipment or may qualify for incentives offered by utility companies, as well as an array of State and local government programs. As measures are evaluated through the final Scoping plan, and as programs and regulations are designed by ARB and other agencies, the potential impacts as well as opportunities for small businesses will be an important consideration. 5. Environmental Analyses Background The AB 32 climate change program is only one in a portfolio of ARB air quality programs. ARB's traditional public health programs focus on the key "criteria pollutants" ozone and fine particulate matter (PM2.5) ,and air toxics. Evaluating the potential for reductions in these pollutants as a result of AB 32 implementation is a significant aspect of the environmental analysis. Many areas in California do not attain air quality standards for ozone and particulate matter. To address unhealthful air in these areas, ARB and local air districts adopt and implement air quality plans or "State Implementation Plans (SIPS)" that describe how standards will be met by the required deadlines. In 2007, ARB and local air districts updated the California SIP for ozone and PM2.5. By 2020 these SIPS will reduce NOx emissions that form ozone and PM2.5 by 60 percent in the South Coast Air Basin and the San Joaquin Valley. However, these two regions face California's most challenging air pollution problems so the potential for achieving additional criteria pollutant reductions as a co-benefit of this Plan is important. ARB and local air districts are also implementing programs to reduce emissions of toxic air contaminants. Both criteria pollutants and air toxics are collectively referred to in the Draft Scoping Plan as "co-pollutants." Because diesel particulate matter 57 III. Analysis Draft Scoping Plan (diesel PM) accounts for 75 percent of the public health risk from known airborne toxics in California, ARB has placed its highest priority on controlling emission sources of diesel PM. Through a combination of rulemaking, incentives, and enhanced enforcement, health risk from diesel PM will continue to decrease steadily even with projected economic growth. ARB's Diesel Risk Reduction Plan and Goods Movement Emission Reduction Plan both focus on diesel emissions. Over the past several years, ARB has adopted regulations to reduce diesel PM emissions from stationary engines, cargo handling equipment, port trucks, transportation refrigeration units, idling diesel trucks, urban and transit buses, public fleets, and off-road equipment. An ARB port electrification rule was adopted in 2007. ARB is currently developing regulations to reduce emissions from trucks operating in California. Communities especially impacted by diesel emissions from goods movement activities will see public health benefits from all of these measures. Regional air quality will also be significantly improved. Evaluation of Potential Co-Benefits Based on the preliminary recommendations in the plan, ARB is evaluating the potential of reductions in co-pollutants. Later this summer ARB will provide further analysis of the potential for co-benefits from the plan's greenhouse gas reduction measures. This analysis will focus on the reductions in fossil fuel use and improvements in combustion efficiencies that will result in public health co-benefits. Evaluation of the recommended measures will also include assessment of the potential for any emission increases in co-pollutants. The statewide analysis of potential co-benefits is based on estimates of reduced fuel and electricity use to quantify potential emission reductions and associated public health benefits. An estimate of the reduced transportation fuel and electricity use from all the measures other than cap and trade is shown in Table 23. The additional reductions from acap-and-trade program would be expected to further reduce fuel use. Table 23: Preliminary Estimate of Reduced Gasoline, Diesel and Fossil-Fuel Fired Electricity Use in 2020 from Recommended Measures Other than Cap and Trade Estimated Reduction from Recommended Estimated 2020 Demand Measures Other than without Sco in Plan Ca and Trade Gasoline allons 19 billion 3.7 billion Diesel Fuel (gallons) 5 billion 4Q0 million Fossil Fuel Fired Electricity z ~ 88 ~~~ 90 ~~~ Gi awatt-hrs 1 For electricity, these numbers represent a reduction in demand due to conservation and efficiency programs (32,000 GWh), an increase in zero-emission electricity sources due to the implementation of the 33 percent Renewables Portfolio Standard (greater than 48,000 GWh} and distributed solar generation (4,500 GWh). These estimates include the benefits from reduced line loss (5,500 GWh). 2 Business-as-usual estimate for in-state fossil fuel fired electricity in 2020. 58 Draft Scoping Plan III. Analysis Table 24 provides estimates of potential reductions of NOx and particulate matter in 2020 based on all the recommended measures other than cap and trade. Implementation of acap-and-trade program would further reduce emissions, although the magnitude and location of the reductions would depend, in part, on program design. Table 24: Preliminary Estimate of Statewide Emission Impact of Reduced Fuel Use in 2020 (tans per day} Scoping PIan33 I Preliminary Recommendation In addition to evaluating the impacts of the Plan as a whole, ARB will evaluate each measure as it is developed. For example, ARB is evaluating the potential impacts of the low-carbon fuel standard on both the co-pollutant emissions at existing refineries and the potential co-pollutant impacts from indirect sources such as the trucks and trains that travel to and from the refinery, and the cumulative impacts of new facilities that may be built to support the new fuel standard. This includes the siting of new ethanol or other biorefineries needed to meet the low-carbon fuel standard. ARB will also evaluate the role of new power plants and how new power plants may affect the AB 32 program. If new power plants displace imported electricity, co- pollutant emissions in California would increase. However if new power plants displace outdated and inefficient power plants in California, co-pollutant emissions could decrease. The electricity generation and distribution system is very complex, which makes evaluation of potential local effects challenging. Power plants are dispatched based on variable costs (mostly fuel costs), the need to ensure sufficient generation to meet peak loads over the next day, rnaximizing the value of dispatchable hydroelectric power generation and other limited energy resources, and the availability of sufficient generation in transmission-constrained areas to meet power needs and to protect against the failure of lower cost local generation resources and transmission lines. Because of this, ARB has requested assistance from the California Energy Commission for this evaluation. ARB will provide a more detailed discussion of this analysis in the evaluation supplement in summer 2008. In designing acap-and-trade program it will be necessary to evaluate statewide, regional, and community level impacts. For example, under acap-and-trade program, a facility could potentially purchase extra greenhouse gas allowances instead of reducing emissions onsite. ARB's evaluation will identify scenarios under which potential reductions in co-pollutants do not occur due to the compliance flexibility ss Includes reductions from 2007 SIP measures. 59 III. Analysis Draft Scoping Plan mechanisms. Under such scenarios, the expected co-benefits of the greenhouse gas measure would occur in a location other than the surrounding community. In response to a request from the Environmental Justice Advisory Committee (EJAC), ARB will evaluate methods for assessing the potential co-benefits under various scenarios at a community level. This will be included in the summer 2008 supplemental analysis for the Scoping plan. Under the California Environmental Quality Act (CEQA), ARB is required to conduct an assessment of the potential environmental impacts of ARB actions. The final Proposed Scoping Plan, to be published in early October 2008, will include an assessment of the potential environmental impacts of the Plan. The State will also perform an environmental analysis of each regulatory action developed from the Scoping Plan. As with other ARB plans and programs, the Scoping Plan and the subsequent regulations will be evaluated consistent with ARB's environmental justice policies. We expect that the Scoping Plan strategies will complement ARB's traditional air quality programs, resulting in better air quality and reduced health risk to the people of California. ARB is conducting a series of community meetings throughout the state to solicit input on the Draft Scoping Plan, including how ARB can design and implement the Plan in ways that meet ARB's public health and environmental justice goals. 6. Public Health Analyses ARB is conducting an evaluation of the potential public health benefits and impacts of the Scoping Plan (HSC §38561(d)). Expected reductions in fossil fuel use and improvements in combustion efficiencies will likely result in benefits to public health overall. Evaluations of these benefits and impacts are currently underway. Air pollution-related public health is based on exposure of sensitive populations to ambient air. Public health evaluations are difficult to conduct without specific information about the location and duration of emissions. These public health evaluations will focus primarily on estimated statewide public health effects of changes to air quality, and explore potential effects in smaller geographic regions. The evaluations will build on the environmental analyses described above, and will be released this summer. Preliminary estimates of the public health benefits results from the implementation of the regulatory components of the preliminary recommendation are shown in Table 25 below. The PM2.5 and NOx emission estimates used in calculating health effects are based on predicted statewide values shown in Table 24. These estimates do not consider the geographic distribution of emissions or sensitive populations so the estimated health benefits numbers should be treated as preliminary. 60 Draft Scoping Plan III. Analysis Table 25: Preliminary Estimates of Public Health Benefits of Reduced Fuel Use in 2020 from Recommended Measures other than Cap and Trade Health Endpoint Estimated Benefit* Avoided remature deaths 340 Avoided hos italizations due to res irator causes 71 Avoided hos italizations due to cardiovascular causes 130 Avoided asthma-related & other lower res irator s m toms 9,400 Avoided acute bronchitis 780 Avoided work loss da s 57,000 Avoided minor restricted activit da s 330,000 Total economic valuation: $1.5 billion to $2.4 billion Uncertainty intervals for each estimated benefit range within 20-70 percent of the mean benefit (presented in this table). For example, the number of premature deaths avoided could be between 93 and 580. 7. Societal Impacts Analyses ARB must consider overall societal benefits in adopting regulations (HSC §38562(b)(6)). ARB is evaluating the potential societal impacts and benefits of the preliminary recommendation. Societal impacts, as described here, include issues such as diversification of energy sources, mobility, regressivity, and job creation. Regressivity, the potential impact on low income households, is discussed in the Economic Analysis section and will be further discussed in the supplemental evaluation. ARB will evaluate energy diversity using the Energy 2024 model to evaluate how the recommendation will make progress toward the goal of reducing petroleum dependence. In addition, AB 32 directs ARB to identify ways to encourage public and private investment toward disadvantaged communities and smaller institutions, so that they can participate in and benefit from emission reduction co-benefits and new technology. ARB is consulting stakeholders to assist in developing this program. 8. Future Regulatory Analyses ARB must design equitable regulations that encourage early action, do not disproportionately impact low-income communities, ensure that AB 32 programs complement and do not interfere with the attainment and maintenance of ambient air quality standards, consider overall societal benefits (such as diversification of energy sources), minimize the administrative burden, and minimize emission leakage. To the extent feasible and in furtherance of achieving the statewide greenhouse gas emission limit, ARB must consider the potential for direct, indirect and cumulative emission impacts from the market mechanisms, including localized impacts in communities that are already adversely impacted by air pollution, design the program to prevent any increase in emissions, and maximize additional environmental and economic benefits prior to the inclusion of market-based compliance mechanisms in the regulations. 61 III. Analysis Draft Scoping Plan ARB already conducts robust environmental and environmental justice assessments of our regulatory actions. Many of the requirements in AB 32 overlap with ARB's typical evaluations. A good example of how ARB plans to address the regulatory evaluations required by AB 32 is the current Low Carbon Fuel Standard rulemaking. The Low Carbon Fuel Standard (LCFS) is a Discrete Early Action that ARB is pursuing as a regulatory measure. The Board is scheduled to consider this regulation in late 2008 or early 2009. The goal of the LCFS is to reduce lifecycle greenhouse gas emissions from transportation fuel by at least 10 percent. Fuel producers can meet the LCFS requirements by blending lower-carbon fuels, such as biofuels from renewable sources, with gasoline or diesel fuel, or by deploying lower-carbon fuels such as electricity or hydrogen. To ensure that the LCFS regulation actually reduces greenhouse gas emissions and to ensure sustainability, it is critical to understand the full lifecycle greenhouse gas emissions of potential replacement fuel. Sustainable development can be used to describe a pattern of resource use that meets human needs while preserving the natural environment so that needs can be met in the present as well as the indefinite future. The LCFS is a complex climate change regulation that is likely to incorporate market- based compliance mechanisms, requiring the full range of AB 32 evaluations. ARB is contracting with academic institutions to assist in the development of sustainability provisions for the LCFS. These efforts are aimed at a number of sustainability issues such as direct and indirect land use effects, air quality, water quality, and biodiversity, and social impacts such as environmental justice. In addition, the scope of the sustainability issues cross many jurisdictional boundaries. Therefore it is critical to work on a national and international basis to seek harmonization of sustainability provisions. A summary of the ongoing evaluations is provided below. Greenhouse Gas Emissions: The main purpose of the LCFS is to reduce greenhouse gas emissions through a full lifecycle analysis. Therefore, it is important to consider the direct and indirect land-use effects on greenhouse gas emissions during the regulatory process. To that extent, ARB is conducting a quantitative analysis using publicly available models to assess the global impacts of biofuel production and the direct and indirect impacts of other fuels as well. Based on the results of this evaluation, ARB will then evaluate the need to include land use protections, similar to those in the federal Renewable Fuels Standards (RFS). The RFS land use protections limit renewable biomass to that which is produced on land that was cleared or cultivated prior to the enactment of the RFS requirement. Economic Impacts: ARB will evaluate the potential economic impacts of the LCFS strategy, including impacts on agriculture. Other Environmental Impacts: ARB will evaluate the potential impacts of LCFS on criteria pollutants and air toxics and consider water use and water quality, as well as soil erosion. To the extent feasible, these evaluations will be quantitative for California, and qualitative for impacts outside of California ARB will ensure that to 62 Draft Scoping Plan III. Analysis the extent feasible, the LCFS complements and does not interfere with achievement and maintenance of federal and state ambient air quality standards. Environmental Justice: To the extent feasible, ARB will quantitatively assess potential impacts on low-income and disproportionately impacted communities in California. This evaluation will include an evaluation of the direct, indirect, and cumulative emission impacts of the proposed regulation on communities that are adversely impacted by air pollution, and to the extent feasible will ensure that LCFS requirements do not disproportionately impact low-income communities. For example, this analysis will include an assessment of the potential impacts of the construction oflow-carbon fuel production facilities in California using the Governor's goals for California production of biofuels as a benchmark as described in Executive Order S-06-06. Food Prices: ARB will analyze and present information on the impact of biofuels on food prices as part of the regulatory development process. Other Sustainability Issues: In consideration of the overall societal benefits of the LCFS, ARB will evaluate other environmental and social components including genetically-modified organisms, biodiversity, labor rights, income distribution, working conditions, worker rights, child labor and land rights. Although these issues maybe outside of ARB's ability to address, ARB will consider them in the regulatory development and evaluate the need to incorporate recommendations for future study. As part of this effort, ARB will seek to develop guidelines for the sustainable production of fuel in coordination with the University of California, the California Energy Commission, the U.S. Environmental Protection Agency and others. The LCFS is unusually broad in scope so the analysis that is underway to meet the AB 32 regulation maybe atypically complex. However the planned evaluations provide insight into the scope of future regulatory analyses. For simpler regulations, the required analysis may not be as broad and far-reaching. 9. Administrative Burden ARB conducted a preliminary assessment of the administrative burden of implementing the preliminary recommendation (HSC §38562 (b)(7)). The preliminary recommendation calls for ARB to develop acap-and-trade program - a market-based program to cap and reduce emissions from the Industrial, Electricity, Natural Gas, and Transportation sectors. This program would require stringent monitoring and reporting on the part of the regulated community, and comprehensive enforcement on the part of the ARB. Sources under the cap would also need to analyze the best approach for their company to comply with acap -assessing the cost of reducing emissions and comparing that to the cost of purchasing emission reductions in a market. Although ARB has not developed this type of market regulation before, there is extensive experience to draw upon both within California, nationally, and internationally. In addition, the regulatory component of the preliminary recommendation would requires ARB and other State agencies to adopt a 63 III. Analysis Draft Scoping Plan series of regulations requiring regulatory development, outreach to stakeholders and the public, implementation by industry, and enforcement for numerous measures and programs. ARB is continuing to evaluate the potential administrative burden of the preliminary recommendation. 10. De MinimisThreshold ARB is evaluating appropriate de minimis thresholds for the Scoping Plan below which emission reduction requirements will not apply (HSC §38561(e)). ARB is considering separate de minimis for combustion carbon dioxide and non-carbon dioxide gases. This is because many high-GWP gases are used in very small quantities. For example, a ten ounce can of pressurized duster (commonly used to clean computer keyboards) can contain 800 pounds of COzE. ARB believes that a de minimis threshold for combustion carbon dioxide should be higher than that for non-carbon dioxide gases, and is soliciting comment on this proposal. 64 Draft Scoping Plan IV. Implementation ~~~~ IV. IMPLEMENTATION: Putting the Plan into Action Adoption of the Scoping Plan, in whatever final form, will be a groundbreaking step forward for California. But it is only the beginning of a journey that will last for decades, and project the state into glow-carbon, clean energy future. We must be clear: putting the Plan into action is a challenge that will test the mettle of the State, and the political will of all levels of government. ARB is confident that we can -and must -address this most serious threat to the state's economy and wellbeing. This Plan sets the stage for each of us to personally take on the challenge of climate change, to move beyond good intentions to concerted actions and usher in a bold new chapter for California, and the world. A. Personal Action The pollutant reductions required under AB 32 cannot be realized without the active participation of the people of California.. While many of the measures in this Plan must be taken by large sources of emissions such as power plants and industrial facilities, it is the voluntary commitment and involvement of millions of individuals and households throughout the state that will truly make this `California's Plan'. We are all, ultimately, the real agents of change. Shifts in individual choices and attitudes drive changes in the economy and at the institutional level. Examples abound: dolphin-safe tuna, for example, was the product of using the forces of demand to drive changes in the fishing and canning industry. Boycotting lumber from old-growth trees led to a certification process that helps consumers choose their wood and wood products. When these changes in behavior are linked with supporting incentives, policies or regulations, they can be even more effective. An attitudinal shift against smoking was reinforced by banning smoking in restaurants. The same dynamic of changing individual behavior will drive California's pioneering effort to reduce greenhouse gas emissions. As more people choose to drive low- greenhouse gas emitting vehicles, the auto manufacturers will respond with more models and more intensive research. Regulations requiring auto manufacturers to provide these cars will complement the market demand. This means that thinking about climate change in ways that will reduce our individual and household carbon footprint will become an integral part of our everyday decisions about travel, work, and recreation. Some families may choose to purchase a more efficient vehicle when it comes time to replace the current model. Some may decide to make locally grown food a larger part of their diet as a way to reduce 65 IV. Implementation Draft Scoping Plan related emissions from transportation. Many households will choose to lower their thermostat to 68 degrees Fahrenheit during the colder months, and raise it to 78 degrees when air conditioning is required. Some households may choose to swap out incandescent light bulbs for more efficient compact fluorescent lights. Others may choose now to install solar water heaters, or arrays of solar panels on their roofs to take advantage of renewable energy, and lower their household energy bills. Many households may choose to plant trees to shade and cool their homes, and use landscaping and plants that require less water (and so produce less emissions ultimately to transport and treat it). What is crucial is that we all begin making these kinds of changes now. This Draft Plan recommends measures that will help support many of these individual decisions to improve energy efficiency. Statewide measures and regional efforts will result in programs to promote public transportation or riding in carpools, subsidize the purchase of energy efficient appliances, or provide incentives to better insulate and weatherize older homes. ARB is fully committed to assuring California consumers have the widest possible choice of vehicles that emit fewer greenhouse gases than today's models, including the most advanced technology vehicles produced anywhere in the world. But it will still require individual decisions, and changing individual habits, to make those programs and policies rapidly effective. Californians have embraced statewide programs to that support positive change in home and business behavior in the past. In less than two decades, separating household waste and recycling at home and work have become commonplace, as has the widespread purchase of appliances with the Energy Star label to save energy. Reducing our carbon footprint by moving towards a cleaner more efficient economy will produce a wide range of benefits to individuals, through lower energy bills, a more sustainable lifestyle, and a cleaner environment for all. B. Public Outreach and Education The backbone of an effective climate action plan is public outreach and education. The Draft Plan calls for a robust statewide program designed to generate awareness and involvement in California's climate change efforts. The Climate Action Team will convene a steering team that includes State agencies along with other public agencies such as the state's air districts and utilities -both public, and investor owned -- which have a strong track record of successful efforts at public education to reduce driving (Spare the Air) or promote energy efficiency and reduce energy demand (Flex Your Power). The steering committee will develop a coordinated array of messages and draw upon a wide range of messengers to deliver them. These will include regional and local governments whose individual outreach campaigns can reinforce the broader State outreach themes while also delivering more targeted messages directly tied to specific local and regional programs. 66 Draft Scoping Plan IV. Implementation In keeping with the critical element of involving all Californians in addressing climate change, California will also support highly localized efforts at public education and outreach at the community and neighborhood level, including service club organizations and existing faith-based communities -churches, mosques and synagogues. Other private sector entities including businesses will be invited to partner in spreading the word. 1. Reaching Children through Schools Setting California ontrack to aloes-carbon future beyond 2020 is the definition of a multi-generational challenge. This means that climate-related education in schools will be a central element of California's Plan. By 2010, California will develop climate change education components to the State's new K-12 model school curriculum as part of the Education and the Environment Initiative (AB 1548, Pavley, Chapter 665, Statutes of 2003). In the meantime, State outreach will continue through the Cool California web pages (www.coolcaliforniaorg) and the continued support of student educators through the California Climate Champions program. Expanding the knowledge and opportunities of young people to participate in promoting their own and their communities' environmental health will be an important theme for all these efforts.. 2. Involving the Public and Stakeholders in Measure Development In keeping with the requirements of AB 32, and the legacy of four decades of regulatory development at ARB, the process of developing regulations outlined in this Plan will be transparent, and fully involve the public including disadvantaged communities and those with localized concerns, as well as affected industries, at every stage of the process including informal and formal rulemaking activities. Local and community meetings and outreach will be central element of all rulemaking, with State agencies working closely with advocates of disadvantaged communities and the EJAC to understand impacts and sensitive co-pollutant issues surrounding the possible programs. State agencies involved in measure development will continue meeting periodically with communities to assess any implementation challenges or to discover new measures down the road. Stakeholders will be invited to participate in the many workshops, workgroups and seminars that will be held as individual measures are developed. 3. Small and Medium-Sized Businesses Small and medium-sized businesses may feel particularly uncertain about how they will transition to California's new green economy. One of the Early Action measures ARB is implementing is aimed at helping business during the implementation of AB 32. ARB is developing a small business outreach package including abusiness- specific calculator to assess energy use and guidance on best practices, case studies about how other businesses have implemented energy efficiency programs, and financing options. ARB will work with other State agencies to develop an outreach plan to provide technical assistance to businesses through a variety of means 67 IV. Implementation Draft Scoping Plan including attendance at business events, workshops, working with local economic development agencies. ARB will also work with the Governor's AB 32 Small Business Task Force in the implementation of AB 32. 4. Workforce Readiness ARB will work with other agencies, including academia, business, local governments, unions, and community colleges, to identify key steps for building a sustainable economy and expanding career technical training. Many organizations have already benefitted by developing early training for workers and have been able to place them into new, long-term, green technology jobs. In addition, if the Scoping Plan includes programs that generate revenue, these revenues could be used to encourage growth in green technology jobs. C. Tracking Progress State agencies, working with the diverse set of greenhouse gas emissions sources, have collaborated in the process of developing the strategies presented in this Plan. To ensure that the emission reduction goal is reached, ARB must monitor the regulations and other actions adopted by both ARB and other State agencies for actual levels of emissions reduced. Should there be shortfalls in emission reductions, the State would implement additional measures to ensure that AB 32 goals were met. As the proposed measures are developed over the coming years, it is possible some of these strategies will not materialize as originally thought or be deemed to not be technologically feasible or cost-effective at the level given in the Plan. If this happens, new strategies would need to be developed to provide additional reductions if there is a projected shortfall in emissions reductions. It is equally likely that new technologies and strategies will emerge after the initial adoption schedule required in AB 32 -that is, regulation adoption by January 1, 2011. If promising new tools or strategies emerge, ARB and other affected State agencies will evaluate how to incorporate the new measure into the AB 32 program as soon as possible. In this way, new strategies ensuring that the commitments in the Plan remain whole and that the 2020 goal can be met, will be incorporated into the State strategy. ARB will update the Plan at least every five years (HSC §38561(h)). These updates allow ARB to evaluate the progress made towards the State's greenhouse gas emission reduction goals and correct the Plan's course where necessary. The Report Cards and audits, along with an evaluation of new technologies -both emerging and those recently incorporated into the Plan -will also provide valuable input into ARB's evaluation for the required updates. 68 Draft Scoping Plan IV. Implementation 1. Mandatory Reporting Regulation ARB's mandatory reporting rule, adopted in December 2007, will help the State obtain facility level data from the largest sources of greenhouse gas emissions in California. This data will help ARB better understand these sources to develop the proposed emission reduction measures outlined in the Draft Plan. The regulation requires annual reporting from the largest facilities in the state, accounting for 94 percent of greenhouse gas emissions from industrial and commercial stationary sources in California. There are approximately 800 separate sources that fall under the new reporting rules and include electricity generating facilities, electricity retail providers and power marketers, oil refineries, hydrogen plants, cement plants, cogeneration facilities, and industrial sources that emit over 25,000 tons of carbon dioxide each year from on-site stationary source combustions such as large furnaces. This last category includes a diverse range of facilities such as food processing, glass container manufacturers, oil and gas production and mineral processing. Affected facilities will begin tracking their emissions in 2008, to be reported beginning in 2009 with aphase-in process to allow facilities to develop reporting systems and train personnel in data collection. Emissions for 2008 maybe based on best available emission data. Beginning in 2010, emissions reports will be more rigorous and will be subject to third-party verification. Reported emissions data will allow ARB to improve its facility-based emissions inventory data. Originally, the statewide greenhouse gas inventory was based on aggregated sector data and could not be disaggregated down to the facility level. The facility-level reporting will improve data on greenhouse gas emissions for individual facilities and their emitting processes. This information will also help improve emissions inventories for criteria pollutants, and methods for assessing cumulative emission impacts on a community level. ARB emissions reporting requirements are expected to be modified over time as AB 32 is implemented. 2. Report Card SB 85 (Chapter 178, Statutes of 2007) required every State agency to prepare an annual "report card," detailing measures the agency has adopted and taken to reduce its greenhouse gas output, and including the actual greenhouse gas emissions reduced as a result of those actions. The information must be submitted to CaIEPA, which is then required to compile all the State agency data into a report format, which would be made available on the Internet and submitted to the Legislature. The information would then allow comparisons of each agency's projected greenhouse gas reductions with their targets established by the CAT or the Scoping Plan, and what was actually achieved. This would be the State's `report card' on its greenhouse gas reduction efforts. 69 IV. Implementation Draft Scoping Plan Agencies are also required, as funds are available, to have an outside audit of greenhouse gas actions completed every three years to verify actual and projected reductions. D. Enforcement Enforcement is a critical component of all of ARB's regulatory programs, both to ensure that emissions are actually reduced and to provide a level playing field for companies that comply with the law. ARB has an extensive and effective enforcement program addressing the myriad sources ARB regulates from heavy-duty vehicle idling to consumer products to fuel standards to off-road equipment. To increase the scope of its enforcement efforts and provide greater assurance of compliance, ARB also partners with local, State and federal agencies to carry out inspections and where necessary prosecute violators. ARB will continue its close working relationship with local air districts in the development and enforcement of regulations to implement the Scoping Plan. The Draft Plan recommends a mix of market-based programs and regulatory measures. ARB, EPA, and many local agencies have experience with the data collections and analysis necessary to enforce market-based regulations, in addition to the actual testing of emissions at the source. ARB will work closely with the local air districts to take advantage of the expertise of these agencies which have primary responsibility for implementing and enforcing criteria pollutant regulations at stationary sources within their jurisdictions. Local air districts not only are familiar with the individual facilities and their compliance history, their permitting files contain valuable information that can be used to make sure that greenhouse emissions reductions are accurately reported and regulators can track the relationship between greenhouse gases and toxic or criteria air pollutants. E. State and Local Permitting Considerations Proposed emission reduction strategies in the Draft Plan may require affected entities to modify or obtain federal, State and/or local environmental or other permits. For example, the installation of new equipment which reduces greenhouse gas emissions may require a modification of an existing air operating permit, under the jurisdiction of a local air district. There may also be instances where proposed greenhouse gas emission reduction strategies will need to be harmonized with existing environmental, safety or other requirements, or require additional permitting. Local building codes can affect construction or remodeling permitting such as that necessary to install photovoltaic panels or building new alternative fuel infrastructure. Some projects proposed as emission reduction strategies may require an environmental review under the California Environmental Quality Act (CEQA) or the National Environmental Protection Act (NEPA). If the project proposed to reduce 70 Draft Scoping Plan IV. Implementation emissions of greenhouse gases has an adverse effect on another environmental factor, then mitigation maybe required for the project to continue. Many proposed emission reduction strategies require changes to the use or production of energy. In addition to other permitting issues noted here, these changes may require approval by the California Energy Commission or the California Public Utilities Commission. Permit requirements may affect the viability of certain strategies, or timing of implementation due to the length of time required to complete an extended and comprehensive permitting process. These effects will need to be further evaluated in the subsequent regulatory development processes associated with each proposed emission reduction measure. ARB is committed to working through these potential permitting barriers with our state and local partners to ensure successful implementation of AB 32. F. Program Funding Administration, implementation, and enforcement of the proposed emission reduction strategies contained in the Draft Scoping Plan will require a stable continuing source of funding. AB 32 authorizes ARB to collect fees to fund implementation of the statute. Details of how this fee program will be structured will be subject to a public rnlemaking that ARB will initiate this summer. At a minimum, ARB will develop a fee structure to pay for administration of the AB 32 program. Preliminary estimates are that approximately $55 million per year will be needed on an ongoing basis to fund implementation by ARB and other State agencies. Additional revenues will be needed to repay the loans from State funds that have been used to pay for the startup of the program. If applied to all GHG emissions in California, a fee of $0.20 per metric ton would provide the needed funding. This would translate to less than $0.0002 per kilowatt-hour, $0.002 per gallon of gasoline, and $0.001 per therm of natural gas. It would take approximately 18 months from the beginning of the regulatory process until a fee schedule is in place. This includes time for regulatory development and to setup the required billing, collection, accounting, enforcement and other administrative components of the program. Therefore, revenue from fees would be available for expenditure in the 2010-2011 fiscal year. 71 (This Page Intentionally Blank) Draft Scoping Plan Y. A VISICIN F4R THE FUTURE V. A Vision for the Future A 30 percent reduction in greenhouse gas emissions is well within the capabilities of California. This Draft Scoping Plan proposes solutions to fulfill the requirements of AB 32 while also reducing air pollution, protecting our natural resources and addressing the possible impacts on low-income communities. The task before us now is to determine how best to achieve these essential goals. We have the know-how, the ingenuity, the research capabilities, and a culture of imaginative and profitable innovation to do it, but achieving the required reductions will not be easy. Many of the proposed programs and measures described in this Draft Plan will require changes in public policy, an investment in political will and a shared understanding of the need to reach viable solutions quickly. Other solutions -more efficient vehicles, low-carbon fuels, increased renewable energy sources -are technology-dependent and will require both the increased use of known solutions and their development into second and third generation iterations. There is little doubt that with a much larger market, and targeted incentives for both production and purchase, we will see improved photovoltaic cells, LED lighting, and highly efficient solar water heaters as essential elements of a typical house. As the greenhouse gas emissions cap lowers toward the 2020 limit, companies and corporations will support the development of new generations of industrial processes that are more efficient, save money and energy, and produce less waste. Looking beyond 2020, the subject of new and alternative energy sources becomes more complicated, more important, and less clear. There are many promising technologies that are at present only in the initial stages of research and development: generating electricity from the power of waves, for example. We will need to move forward with feasible solutions to carbon to do capture and sequestration, production of cellulosic-based ethanol, and other promising advances in biological solutions to produce fuels. As the current generation of children now in school move into their productive adult years - 2020 and beyond -the need for alternate energy sources and ever-increasing requirements of energy efficiency will follow them. In many cases, developing new technology in compressed timeframes will resemble the concept of `inventing to schedule' that allowed the Apollo Program to make such rapid advances in America's successful effort to put a man on the moon. It is one of the goals of this Draft Scoping Plan to help establish and support long range approaches and institutions that will provide the continual search for new energy solutions, and their rapid development and deployment into the marketplace. 73 V. A Vision for the Future Draft Scoping Plan And what will California look like in 2050? It is safe to say that no one can really predict how much technology and the state will have changed forty-two years from now. Looking back forty-two years to 1966, gasoline cost about a quarter a gallon, the state had fewer than 10 million residents, and few could conceive of personal computers, let alone the Internet. It was partly through the innovation and creativity of Californians that computers are common as telephones, and we have the World Wide Web where most people will read this Draft Scoping Plan. In addition to the implementation of measures discussed in this Draft Plan, other important areas need to be pursued to ensure the broadest goals of addressing climate change are successful. The discussion below highlights several of these ideas that need attention in both the near- and long-term. Collaboration Working Closely with Key Partners Global warming requires all the major emitting nations to work together for a global rescue plan. California and other states are filling a vacuum created by a lack of national leadership by the federal government. California must press for national legislation that will allow the United States to take its place among the developed counties that have agreed to reduce their carbon emissions, and lead a new international effort to promote an agreement to replace the Kyoto agreement that expires in 2012. Any national climate program must be built on a partnership with state and local governments to ensure that states can continue their role as incubators of climate change policy, and continue to implement effective programs such as vehicle standards, energy efficiency programs, green building codes, and alternative fuel development. California should work with key federal agencies, including the U.S. Department of Energy and their national labs, the U.S. Environmental Protection Agency and numerous other key agencies, such as the U.S. Bureau of Land Management, U.S. Department of Agriculture, U.S. Department of Transportation, to find shared solutions to climate change. Through the Western Climate Initiative and in collaboration with other regional voluntary alliances of states, California can promote our own best practices and learn from those of others, in addition to continuing to work on the structure of a regional and ultimately national cap-and-trade program. California is a charter member of the International Carbon Action Partnership (ICAP), an organization made up of countries and regions that have adopted carbon caps and are actively pursuing the implementation of carbon markets through 74 Draft Scoping Plan V. A Vision for the Future mandatory cap-and-trade systems. We should continue our involvement in ICAP to share experiences and knowledge. We should continue to develop current relations and existing partnership arrangements with China-now the largest contributor of greenhouse gases in the world -and to establish similar relations with India and other countries to share research on both greenhouse gas mitigation and climate change adaptation activities. With developing nations expected to suffer the most from the effects of climate change, California and others have an obligation to share information and resources on cost-effective technologies and approaches designed to mitigate future impacts, as well as information on effective adaptation as changes in climate and the environment occur. Research Unleash the Potential of California's Universities and Private Sector Bringing greenhouse gas emissions down to a level that will allow the climate to stabilize will take a generation or longer. Many of the ultimate solutions to achieve stabilization will be developed and implemented well into the future. It is likely that the most innovative solutions are going to come from people who are now in school. The challenges these children will face have never been experienced before and they will need both imagination and creativity to craft solutions. California's respected public and private academic institutions must continue to develop and fund programs based on climate change science that cut across disciplines to address the multi- dimensional aspects of climate change. Public-Private Partnerships To most effectively address the climate change dilemma, we must encourage collaborations between academia and the private sector. Industry is well positioned to quickly attack problems. Combining the understanding and knowledge of universities with the innovation, acumen and speed of businesses can unleash a powerful collaborative force to tackle the problems associated with climate change. Several important programs have already been initiated at California Universities, including Stanford's Global Climate and Energy Project, and the University of California at Berkeley's Energy Biosciences Institute (EBI), 34 a $500 million, ten year program. The California Public Utilities Commission (CPUC) recently created the California Institute for Climate Solutions (GIGS). The CICS is a $600 million, ten-year public-private collaboration for applied and directed research on reducing GHG emissions in the Electricity and Natural Gas sectors. All these and 34 The EBI is being developed in cooperation with Lawrence Berkeley National Laboratory and the University of Illinois at Urbana-Champaign. 75 V. A Vision for the Future Draft Scoping Plan other efforts need to be recognized and encouraged, along with others that can link the results of research directly to policy decisions that the State must make. Conclusion Climate science and solutions are evolving rapidly, but meanwhile the evidence of harm from levels of greenhouse gases already present in Earth's atmosphere keeps mounting. While we are learning to adjust to live under conditions of global warming we must act without delay to prevent even worse consequences. AB 32 wisely requires the ARB to update its Scoping Plan every 5 years to reflect what we have learned and what we have accomplished. This draft indicates that for the first phase of implementation we have a menu of available and attractive measures from which to choose. We can attack global warming in ways that make our cities healthier, our natural areas safer and our working landscapes more productive; that make our economy more resilient as we reduce our reliance on imported petroleum; and that pave the way for technologies that can make our state both more prosperous and more sustainable. But we must choose, and then act. As this Draft Plan becomes final, it will be made sharper and given more detailed analysis; recommendations may change as a result of better information. The basic outline is here. It's up to you who read it to help fill in the blanks. 76 Draft Scoping Plan Acknowledgments Acknowledgements This Draft Scoping Plan was prepared by the Air Resources Board. This document was made possible by the hard work of numerous contributors. Below is a list of advisory committees and State agencies that directly provided input to this Draft Scoping Plan. Team Support Climate Action Team Climate Action Team Sector Subgroups • Agriculture • Cement • Energy • Forest • Green Buildings • Land Use • Recycling and Waste Management • State Fleet • Water-Energy • Economics • Scenarios • Research Advisory Committees Market Advisory Committee Environmental Justice Advisory Committee Economic and Technology Advancement Advisory Committee State Agencies Governor's Office of Planning and Research California Environmental Protection Agency Business, Transportation and Housing Agency Resources Agency State and Consumer Services Agency California Energy Commission California Public Utilities Commission California Transportation Commission Department of Conservation Department of Food and Agriculture Department of Forestry and Fire Protection Department of General Services Department of Parks and Recreation Department of Public Health Department of Transportation Department of Water Resources Housing and Community Development Integrated Waste Management Board State Water Resources Control Board 77 AMENDED IN SENATE MARCH 11, 2008 AMENDED IN ASSEMBLY JANUARY 24, 2008 AMENDED IN ASSEMBLY JANUARY 7, 2008 CALIFORNIA LEGISLATURE-200]-OH REGULAR SESSION ASSEMBLY BILL No. 811 Introduced by Assembly Members Levine and Beall (Principal coauthor: Assembly Member Garcia) (Coauthors: Assembly Members Huffman, Krekorian, and Leno) February 22, 2007 An act to amend Sections 5898.12, 5898.20, 5898.22, and 5898.30 of, and to add Sections 5898.14 and 5898.21 to, the Streets and Highways Code, relating to contractual assessments, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 811, as amended, Levine. Contractual assessments: energy efficiency improvements. Existing law authorizes the legislative body of any city, as defined, to determine that it would be convenient and advantageous to designate an area within which authorized city officials and free and willing property owners may enter into contractual assessments and make arrangements to finance public improvements to specified lots or parcels under certain circumstances. Existing law requires the legislative body to make these determinations by adopting a resolution indicating its intention to do so and requires the resolution to include certain information, including, but not limited to, identification of the kinds of public works that may be financed, a description of the boundaries of the area within which contractual assessments may be entered into, and • 96 • AB S11 -2- a description of the proposed arrangements for financing the program. Existing law also directs an appropriate city official to prepare a report to include, among other things, the terms and conditions that would be agreed to by a property owner within the contractual assessment area and the city and identification of the types of facilities that may be financed through the use of contractual assessments. This bill would additionally authorize a legislative body of any city to determine that it would be in the public interest to designate an area within which authorized city officials and free and willing property owners may enter into contractual assessments to finance the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to real property, as specified. The bill would require the resolution of intention to include the kinds of distributed generation renewable energy sources or energy efficiency improvements that may be financed as well as a statement specifying that it is in the public interest to finance those distributed generation renewable energy sources or energy efficiency improvements. The bill would further require the report to include the types of distributed generation renewable energy sources or energy efficiency improvements that may be financed through the use of contractual assessments. The bill would authorize a property owner, upon written consent of an authorized city official, to purchase directly the related equipment and materials for the distributed generation renewable energy sources or energy efficiency improvements and to contract directly for those sources or improvements. The bill would make findings and a declaration in this regard. This bill would declare that it is to take effect immediately as an urgency statute. Vote: rr~aj~rit~--'/3. Appropriation: no. Fiscal committee: no. State-mandated local program: no. The people of the State of California do enact as follows: SECTION 1. Section 5898.12 of the Streets and Highways Code is amended to read: 5898.12. (a) It is the intent of the Legislature that this chapter should be used to finance public improvements to lots or parcels which are developed and where the costs and time delays involved in creating an assessment district pursuant to other provisions of • 96 • - 3 - AB 811 1 this division or any other law would be prohibitively large relative 2 to the cost of the public improvements to be financed. 3 (b) It is also the intent of the Legislature that this chapter should 4 be used to finance the installation of distributed generation 5 renewable energy sources or energy efficiency improvements that 6 are permanently fixed to residential, commercial, industrial, or 7 other real property. 8 (c) This chapter shall not be used to finance facilities for parcels 9 which are undergoing development. 10 (d) This chapter shall not be used to finance the purchase or 11 installation of appliances that are not permanently fixed to 12 residential, commercial, industrial, or other real property. 13 (e) Assessments may be levied pursuant to this chapter only 14 with the free and willing consent of the owner of each lot or parcel 15 on which an assessment is levied at the time the assessment is 16 levied. 17 SEC. 2. Section 5898.14 is added to the Streets and Highways 18 Code, to read: 19 5898.14. (a) The Legislature finds all of the following: 20 (1) Energy conservation efforts, including the promotion of 21 energy efficiency improvements to residential, commercial, 22 industrial, or other real property are necessary to address the issue 23 of global climate change. 24 (2) The upfront cost of making residential, commercial, 25 industrial, or other real property more energy efficient prevents 26 many property owners from making those improvements. To make 27 those improvements more affordable and to promote the installation 28 of those improvements, it is necessary to authorize an alternative 29 procedure for authorizing assessments to finance the cost of energy 30 efficiency improvements. 31 (b) The Legislature declares that a public purpose will be served 32 by a contractual assessment program that provides the legislative 33 body of any city with the authority to finance the installation of 34 distributed generation renewable energy sources and energy 35 efficiency improvements that are permanently fixed to residential, 36 commercial, industrial, or other real property. 37 SEC. 3. Section 5898.20 of the Streets and Highways Code is 38 amended to read: 39 5898.20. (a) (1) The legislative body of any city may 40 determine that it would be convenient and advantageous to • 9~ • AB 811 -.~ - 1 designate an area within the city, which may encompass the entire 2 city or a lesser portion, within which authorized city officials and 3 property owners may enter into contractual assessments for public 4 improvements and to make financing arrangements pursuant to 5 this chapter. 6 (2) The legislative body of any city may also determine that it 7 would be convenient, advantageous, and in the public interest to 8 designate an area within the city, which may encompass the entire 9 city or a lesser portion, within which authorized city officials and 10 property owners may enter into contractual assessments to finance 11 the installation of distributed generation renewable energy sources 12 or energy efficiency improvements that are permanently fixed to 13 real property pursuant to this chapter. 14 (b) The legislative body shall make these determinations by 15 adopting a resolution indicating its intention to do so. The 16 resolution of intention shall include a statement that the city 17 proposes to make contractual assessment financing available to 18 property owners, shall identify the kinds of public works, 19 distributed generation renewable energy sources, or energy 20 efficiency improvements that may be financed, shall describe the 21 boundaries of the area within which contractual assessments may 22 be entered into, and shall briefly describe the proposed 23 arrangements for financing the program. The resolution of intention 24 shall state that it is in the public interest to finance the installation 25 of distributed generation renewable energy sources or energy 26 efficiency improvements pursuant to paragraph (2) of subdivision 27 (a), if applicable. The resolution shall state that a public hearing 28 should be held at which interested persons may object to or inquire 29 about the proposed program or any of its particulars, and shall 30 state the time and place of the hearing. The resolution shall direct 31 an appropriate city official to prepare a report pursuant to Section 32 5898.22. 33 (c) As used in this chapter, each of the following terms has the 34 following meaning: 35 (1) "City" has the same meaning as defined in Section 5005. 36 (2) "Legislative body'' has the same meaning as defined in 37 Section SOOb. 38 SEC. 4. Section 5898.21 is added to the Streets and Highways 39 Code, to read: 96 - 5 - AB 811 1 5898.21. Notwithstanding any other provision of this chapter, 2 upon the written consent of an authorized city official, the proposed 3 arrangements for financing the program pertaining to the 4 installation of distributed generation renewable energy sources or 5 energy efficiency improvements that are permanently fixed to real 6 property may authorize the property owner to purchase directly 7 the related equipment and materials for the installation of 8 distributed generation renewable energy sources or energy 9 efficiency improvements and to contract directly for the installation 10 of distributed generation renewable energy sources or energy 11 efficiency improvements that are permanently fixed to the property 12 owner's residential, commercial, industrial, or other real property. 13 SEC. 5. Section 5898.22 of the Streets and Highways Code is 14 amended to read: 15 5898.22. The report shall contain all of the following: 16 (a) A map showing the boundaries of the territory within which 17 contractual assessments are proposed to be offered. 18 (b) A draft contract specifying the terms and conditions that 19 would be agreed to by a property owner within the contractual 20 assessment area and the city. 21 (c) A statement of city policies concerning contractual 22 assessments including all of the following: 23 (I) Identification of types of facilities, distributed generation 24 renewable energy sources, or energy efficiency improvements that 25 may be financed through the use of contractual assessments. 26 (2) Identification of a city official authorized to enter into 27 contractual assessments on behalf of the city. 28 (3) A maximum aggregate dollar amount of contractual 29 assessments. 30 (4) A method for setting requests from property owners for 31 financing through contractual assessments in priority order in the 32 event that requests appear likely to exceed the authorization 33 amount. 34 (d) A plan for raising a capital amount required to pay for work 35 performed pursuant to contractual assessments. The plan may 36 include amounts to be advanced by the city through funds available 37 to it from any source. The plan may include the sale of a bond or 38 bonds or other financing relationship pursuant to Section 5898.28. 39 The plan shall include a statement of or method for determining 40 the interest rate and time period during which contracting property • 96 AB 811 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • • owners would pay any assessment. The plan shall provide for any reserve fund or funds. The plan shall provide for the apportionment of all or any portion of the costs incidental to financing, administration, and collection of the contractual assessment program among the consenting property owners and the city. SEC. 6. Section 5898.30 of the Streets and Highways Code is amended to read: 5898.30. Assessments levied pursuant to this chapter, and the interest and any penalties thereon shall constitute a lien against the lots and parcels of land on which they are made, until they are paid. Division 10 (commencing with Section 8500) applies to the levy and collection of assessments levied pursuant to this chapter, insofar as those provisions are not in conflict with the provisions of this chapter, including, but not limited to, the collection of assessments in the same manner and at the same time as the general taxes of the city on real property are payable and any penalties and remedies and lien priorities in the event of delinquency and default. SEC. 7. This act is an urgency statute necessary for the immediate preservation of the publ is peace, health, or safety within the meaning of Article IU of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order for legislative bodies of cities and free and willing property owners to enter into contractual assessments to finance the installation of distributed generation renewable energy sources or energy efficiency improvements and for the state to begin to experience the effects of these contractual assessments, such as saving millions of kilowatthours, as early as this summer when usage is the highest, it is necessary that this act take effect immediately. O 96 Sustainability Plan VISION STATEMENT The City of Temecula strives to be a community that uses its local resources effective) y and efficiently, safeguards human health and the environment, maintains a healthy and diverse economy, and improves the livability and quality of live for all of its community members. GUIDING PRINCIPLES - The concept of sustainability guides City policy and all policy decisions have implications to the long-term sustainability of the City. The long-term impacts of policy choices will be considered to ensure a sustainable legacy. The City will ensure that each of its policy decisions and programs are interconnected. - Prioritizing of sustainability issues will be balanced with costs associated with programs. The City will evaluate its priorities and programs annually to ensure the best possible investments in our future are being made. In addition, the City will develop and abide by an environmentally and socially responsible procurement policy that emphasizes long-term values. DEPARTMENTAL REPORTS ITEM N~}. 35 Approvals City Attorney S~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: July 22, 2008 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of June 2008. CURRENT PLANNING ACTIVITIES New Cases The Division received 59 new applications for administrative, other minor cases, and home occupations including 8 applications for public hearings during the month of June. The new public hearing cases are as follows: CONDITIONAL USE PERMIT 2 DEVELOPMENT PLAN 3 PUBLIC CONVENIENCE OR NECESSITY 2 ZONING AMENDMENT 1 SPECIAL PROJECT5 & LONG RANGE PLANNING ACTIVITIES The Long Range Planning Division commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities currently in progress are described in the paragraphs below: Temecula Regional Hospital -This project was approved by the City Council on January 22, 2008. The CEQA challenge period forthe Supplemental EIR expired on February28, 2008. No legal challenges were filed regarding the SEIR. The CEQA challenge period for the second reading of the Zone Change expired on March 14, 2008. The City Attorney filed a Return to the Writ of Mandate for the project with the Riverside County Superior Court on March 20, 2008. A ruling from the Court regarding compliance with the Court's order was expected by the end of May 2008 and staff is awaiting this ruling. (FISK} General Plan Housing Element Update -State law requires the City to adopt an update to the Housing Element by June 30, 2008 and it must be certified by the State Department of Housing and Community Development {HCD} by December 31, 2008. A draft version of the Housing Element was sent to HCD on February 12, 2008 to begin its 60-day review and comment period. Staff received comments on the draft Housing Element from the California Department of Housing and Community Development {HCD} on April 13, 2008. Based on these comments, staff prepared a revised draft and submitted to HCD for a second 60 -day review on July 2, 2008. A revised timeline has been prepared that anticipates a Planning Commission hearing on October 1, 2008 and a City Council hearing will be held on October 28, 2008. Upon adoption by the City Council, the Housing Element will be submitted a final time to HCD fora 90-day Certification review. (PAPP) Nicolas Valley Rural Preservation Area -Staff has prepared a conceptual land use plan and conceptual financing options to pay far needed road improvements. A third workshop was held on November 29, 2007 where information on infrastructure options and recommended density was provided to residents and interested parties. The results of a surveyconducted that evening indicated that a majority of property owners favor the formation of an Assessment District and favor increased density. Staff held a briefing meeting with the Nicolas Valley City Council Subcommittee on January 31, 2008 to discuss findings and to seek further direction. Staff met with the City Manager in March to discuss scope of work, timing and budget. A community meeting was held on June 17, 2008 to provide an update on the process. Approximately 20 residents attended. Staff indicated to the residents that it is the City's intent to run parallel processes far the Assessment District/Leifer Raad Improvement Plans and the General Plan/Zone Changes to increase the density, and that we anticipated the process to take between 18 to 24 months. Staff agreed to provide website and email updates on a quarterly basis to the residents on the project progress. (PETERStKITZEROW} Transit Center and Transportation Planning -Staff has now received the letter from ACOE confirming the conceptual location of the transit center within the Murrieta Creek Recreation Basin. This letter is needed in order for RTA to move forward with the transit center design, and supplemental EIS. Staff will continue working with agency staff to update transit center timelines, provide input into the RTA route restructuring, and work with agency staff on a southwest Transportation NOW chapter. (WEST) ^ Heritage Tree Ordinance -Staff has prepared a Heritage Tree Ordinance which will protect certain tree species and other large trees throughoutthe City. The item was reviewed by the Planning Commission on April 16, 2008 and the Planning Commission continued the item for 45 days to allow staff the necessarytime to amend the draft Ordinance. Staff will revise the Ordinance based largely on the City of Thousand Oaks tree preservation ordinances which were originally adopted in the 1970's and revised over time. This item is tentatively scheduled for City Council in August 2008. {PAPP) Water Efficient Landscaping Ordinance -AB 1881 requires local governments to adopt the State of California recently adopted Model Ordinance or an equally effective ordinance by 2010. Due to the severity of the water situation across the State, staff is pursuing revisions to the City's existing Water Efficient Landscape Ordinance in advance of the 2010 deadline. During the latter part of February, the State released proposed changes to the existing State model ordinance. The State anticipates adopting the proposed changes by January 2009. On June 18, 2008, the Planning Commission reviewed and recommended the City Council adopt the proposed Ordinance. The Water Efficient Landscape Ordinance is scheduled for public hearing at the July 22, 2008 City Council meeting. {WEST) Massage Ordinance -Staff is working with the Temecula Police Department to develop a new massage ordinance that is more restrictive than the existing ordinance and will be implemented and monitored directly bythe Police Department. The proposed ordinance will require each employee to undergo several hundred hours of training, to wear identification at all times and includes more severe penalties for violators and business owners. The City Attorney has been making revisions to the draft Ordinance based on comments received from PD and local business owners working in conjunction with PD. Temecula PD will be scheduling briefing meetings with members of the City Council when the final draft Ordinance is completed. (FISK) Procedures to Implement CEQA -The Planning Department has hired Environmental Science Associates to prepare a policy document that will identify thresholds of significance to provide direction to staff regarding the level of environmental analysis required for new projects. This project will also include local guidelines and a procedure manual for processing CEQA documents, including the adoption of local exemptions, significance thresholds, and procedures for the City to contract for the preparation of Environmental Impact Reports. This effort has been expanded to include internal procedures for coordinating the environmental review of Capital Improvement Projects. ESA has prepared a draft procedure handbook that is currently being reviewed. Staff's goal is to present this handbook to the Council for review and approval in September. The CEQA thresholds portion of this work effort is currently on-hold. {KITZEROW! SCHUMAtWEST) Green Building Program - Staff is participating on a subcommittee of the WRCOG Planning Directors TAC to review and develop recommendations for local jurisdictions to implement green building programs. In February, 2008, the WRCOG Executive Committee endorsed the California Green Builder program and requesting that member jurisdictions adopt a resolution to implement the program on a voluntary basis. At their May 21, 2008 meeting, staff presented to the Planning Commission, three different green building programs and explained their differing levels of performance. On June 18, 2008, staff recommended that the Planning Commission adopt a resolution recommending that the City Council endorse the California Green Building program, as a voluntary program for new single-family residential homes. Additionally, staff is recommending that the City demonstrate their commitment to sustainable development by adopting a policy that all new construction and additions to City owned facilities be designed and constructed to achieve a minimum Leadership in Energy and Design (LEED) Certified rating. Staff will bring forward these recommendations to the City Council at their July 22, 2008 meeting. {WEST) Sustainability Program - In addition to staff's participation an the WRCOG PD TAC Subcommittee, staff has been involved in both the development of the Inland Empire Chapter of the United States Green Building Council (USGBC-IE), which now a formal Chapter of the USGBC, and the AB 32 -Global Warming Solutions Act of 2006 Scoping Plan. Staff is participating on the Municipal Forum Committee of the USGBC-IE, which is intended to develop and provide training opportunities for LEED and assistance to public agencies for developing a green building program. Staff is also following the progress of AB 32 -Global Warming Solutions Act of 2006, which will result in a Scoping Plan containing strategies that California cities will follow to reduce the greenhouse gases (GHG) emissions. At the May 21, 2008 Planning Commission meeting, staff briefed the Commissioners on staff's progress with developing a sustainability program, which will initially include a municipal green building policy, a recommendation to adopt the California Green Building program as a voluntaryentry level program single-family residential homes, and an updated Water-Efficient Landscape Ordinance. On June 18, 2008, staff explained their vision of the Sustainability Plan framework, which includes measurable goals, policies and implementation strategies to reduce environmental impacts of the existing built envrionment and from future development. Staff will seek direction from City Council at their July 22, 2008 meeting. (WEST) Santa Margarita Area Annexation -The public comment period forthe draft EIR ended April 7, 2008. Once staff has received all comments, staff will work with the consultant and City attorney to prepare responses to the comments received. (BROWNlWEST) Development Code Update -Staff is preparing an update of the Development Code that considers allowing second dwelling units on large single family residential lots within the front yard, amending the duration of time allowed for temporary use permits, prohibiting brand name advertising on permanent signs, reducing the required parking for congregate care facilities, and other minor clarifications within the Code. The Planning Commission heard this item attheir June 18, 2008 and recommended approval by the City Council. This items is scheduled for City Council on July 22, 2008. (LOWREYIWEST) ITEM NCB. 36 Approvals City Attorney Director of Finance 5~~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: July 22, 2008 SUBJECT: Economic Development Department Report for the Months of May and June 2008 PREPARED BY: Gloria Wolnick, Marketing Analyst RECOMMENDATION: Receive and file The following are the recent highlights forthe Economic Development Department forthe months of May and June 2008. LEADS AND INQUIRIES In June, staff provided demographic and site information to Blatteis and Schnur for an upscale casual restaurant. Blatteis &Schnur is a national real estate brokerage organization in Los Angeles specializing in the leasing and sale of high profile retail properties and the representation of a select portfolio of retailers, restaurants and entertainment related companies. In May, staff met with GKK Works of Irvine on property that has been acquired within the Roripaugh Specific Plan and also other areas in Temecula. Filming in Temecula Emerging Creation Productions filmed "Life from the Vines" at the Temecula Valley Museum on May 29tH The Reality Show Red Neck Dreams filmed in Temecula during the month of May. In June, Mazda filmed their new vehicle driving along Ynez Road. This footage will be used for Mazda's internal employee training video. OPEN HOUSE/RIBBON CUTTING/CONFERENCES Mayor Naggar, Council Member Edwards and staff attended the Mt. San Jacinto College (MSJC) Temecula Education Complex Open House & Ribbon Cutting on May 7th. The MSJC Temecula Education Complex is a 28,000-square-foot educational facility that opened for its first classes in April. Located at 27447 and 27463 Enterprise Circle West, it is a convenient location for residents of the southwest corridor to access day and evening college classes and services. Staff attended the Temecula Valley Chamber of Commerce Ribbon Cutting Ceremony for Allie's Apas au Vin Wine Bar & Cafe on May 13t". Steve and Alicia Hamlin operated the "Allie's at Callaway' restaurant in 2001. Their new restaurant is located at 41653 Margarita Road. California State University San Marcos held a Press Conference on Tuesday, May 27th, announcing their plans to open up a 15,000 square foot off-campus center located at 27455 Tierra Alta Way in Temecula. The facility is named: Cal State San Marcos at Temecula At the Paul Goldring Garrett Institute for Higher Learning. Staff arranged the Press Conference with assistance from California State University San Marcos and The Garrett Group. Mr. Paul Goldring Garrett, Founder and Chairman of The Garrett Group LLC and BetterWorld Together Foundation, provided the first contribution to the Higher Education Foundation by donating a $250,000 grant in support of the immediate opportunity to locate and commence operations in the city. Universal Health Systems and Southwest Healthcare System Rancho Springs are looking forward to building a strong long-term relationship with CSUSM and their nursing program. Staff attended the Tesoro Winery Ribbon Cutting Ceremony on June 5`". Tesoro Wineryopened up a wine tasting room and gift shop at 28475 Old Town Front Street. On June 19t", Mayor Pro Tem Edwards, Council Member Washington, Community Services Commissioner Edwards, and staff attended the Western Riverside County of Governments 2008 General Assembly at Morongo Casino Resort & Spa at 5:00 pm. Featured Guest Speaker was George Stephanopoulos, Chief Washington Correspondent of ABC News and host of This Week with George Stephanopoulos. His presentation "Politics & the Economy: What's in Store for 2008?" provided his insight on the race for the Presidency and the economy for 2008. Council Member Washington also spoke as the outgoing WRCOG Chairman. On June 26~", Mayor Pro Tem Edwards, Council Member Washington and staff attended the 2008 Temecula Valley Chamber of Commerce Economic Forecast held at Pechanga Resort & Casino. Inland Empire economist Dr. Jahn Husing gave a presentation on the economic future of Southwest Riverside County, Temecula City Manger Temecula Shawn Nelson, Murrieta City Manager Rick Dudley and Lake Elsinore Assistant City Manager Matt Presley gave presentations on their cities. SITE VISITS May Site Visits A site visit with ExtruMed was held on May 8t". Alice Sullivan of the Temecula Valley Chamber of Commerce and City staff met with General Manager Don Centell. ExtruMed was founded in 1990 with the express purpose of providing custom thermoplastic extrusions to the medical industry. Their Operations team has over 100 years of experience in the custom extrusion industry. The company enjoys operating its business in Temecula and plans are underway to expand in their existing location. A site visit with Optiforms was held on May 15th. City staff met with Clint Tinker, PresidentlCEO of Opti-Forms, Inc., and the premier international producer of electroformed optics, metal reflectors, coldshields and thin film optical coatings. Their 62,000 sq. ft. state-of-the-art facility is a completely self-contained optical production facility. On May 20th, City staff met with Judy & Nadir Zulfiqar, Scott Smith and Michael Streby of KZSW television station. The site visit included a tour of the station. KZSW TV provides local news and programming to people living in the Inland Empire. Over 550,000 Inland Empire households can receive KZSW through Verizon FIOS, Charter Cable, Mediacom Cable, Time Warner Cable, and KZSW's own broadcast signal. June Site VisitslTour On June 11th, Alice Sullivan, PresidentlCEO of the Temecula Valley Chamber of Commerce and City staff met with Rob Hawkes, Operations Manager of North Star Tools. The company has been operating its business in Temecula since 1998. Staff provided information on Verizon - DSL, and FIOS for businesses. On June 27~", Mayor Pro Tem Edwards and City staff attended a tour of the new Abbott Vascular foci I ity. OUTREACH MATERIALSIMEDIA Staff prepared the articles for the June and July issues of the Temecula Valley Chamber of Commerce newsletter. The article for June offered information on "Tips to Avoid Foreclosure." The article for July announced the opening of the California State University San Marcos Temecula Off-Campus Center and their fall classes offered at this facility. Both articles were submitted and published in the Valley Business Journal. Staff met several times regarding updating the Economic Development Department's website. Staff is looking to add site selection services, workforce development, business assistance, higher education, business testimonials, and transportation components to the site. Earlier in the yearthe City entered into a partnership with WRCOG to "piggyback" on a housing and employment study performed by True North Research that they were embarking upon for the region. Some interesting findings include: 92°~ of those polled in Temecula commute 54°1a of those polled commute to San Diego County 17°~ of those polled commute to LA County and 13°~ to Orange County 76°~ of commuters primarily use I-15 84% commuters drive alone with 14% carpooling 38% say commute is between 41-60 minutes 36°~ of commuters have lived in Riverside County for 15 years or longer 45% of those that moved to Riverside County moved from SD County Reason: Cost of Housing 46% The last time the City polled commuters staff found that a great majority would be willing to work for less to be closer to home. In this study 50% and some as high as 75°~ would not be interested in taking a paycut to work within a 15 minute drive of current home. Many would not be looking far alternative employment and were essentially "accepting" of a commuter lifestyle based on their compensationlbenefitsond the fact they could own a home. Even with the price of gas escalating, 72°~ will not be looking for a job closer to home during the next 12 months. Staff prepared the Fall banner design for the replacement City street banners which are located along Winchester Road and Rancho California Road. The banners will be displayed this fall. On June 12t",staff met with Bruce Workman of 951 Magazine to discuss advertising opportunities in 951 Magazine and partner magazines. EVENTSICONVENTIONS The City of Temecula participated at the CoreNet Global in San Diego which was held May 3-7. Riverside County EDA and the Southwest California Economic Alliance represented Temecula at the Riverside County EDA booth in the Team California Pavilion. Temecula and Temecula Valley Winegrowers were sponsors of the Grand Opening Reception held in the lounge area at the San Diego Zoo on Sunday, May 4t". There were a series of drawings throughout the evening (prizes provided by various team membercities and EDC's). Thiswasa greatwayto meetand network with attending site selectors and real estate executives. The City of Temecula partnered with Team Riverside County and the Southwest California Economic Alliance at the 2008 Bio International Convention in San Diego on June 17-20. Team Riverside represented Temecula at their booth located in the Team California Pavilion. This was a great opportunity to contact biotechnology professionals and brand our region as the place to be for start-up businesses, expansions andlor relocation needs. The Temecula Valley Wine Growers donated wine for the Team California reception. Staff attended the convention. On June 20t", staff attended the Pre-Grand Opening I.E. Reception for the Little Temecula History Center sponsored by the Vail Ranch Restoration Association. This is the Historic Vail Ranch Headquarters site which is located at Wolf Store Rd. and Margarita Rd. MEETINGS MAY Staff attended the Partners in Education Committee meeting on May 12t" atthe Temecula Valley Chamber of Commerce. Plans to hold a Youth Employment Expo in the fall was discussed. Corinna Coram gave an update on the Career Preparation Certificate. Leticia Plummer, Temecula Assistance League, provided an overview of the Assisters program. The Assisters program, for students in seventh through 12th grade, teaches participants community responsibility, self-reliance, poise, public speaking, leadership skills and personal responsibility. The Youth in Government is planned for June 4t" & 5t" On May 14~", staff met with Jeff Kurtz, General Manager of The Promenade Mall, regarding establishing multiple TV kiosks at the Promenade Mall. These kiosks would carrythe educational government channel (Verizon 3, Time Warner 3) as a means of providing shoppers up to date, relevant public information. Staff met with Steve Wilk, consultant for ADTI Media (Advance Display Technologies, Inc.) on May 15t". A follow-up pre DRC meeting was held with Steve Wilk and Cheryl Johnson, Director of Procurement & Planning for ADTI, and staff on May 28t". ADTI Media purchased one of the Zevo buildings. The company is engaged in the business of developing, manufacturing, and selling proprietary outdoor digital display products for the outdoor advertising, entertainment, sporting venue, and architectural lighting markets. ADTI is headquartered in Centennial, Colorado with additional company operations in New York City, New Jersey, North Carolina and Southern California. On May 20, staff from the City Manager's office and Community Services Department met with representatives of the Riverside County Workforce Development Agency. The Agency talked about their role in working with youth on educational and employment assistance. One program underway is Planet Youth, a Riverside County Youth Opportunity Center. They provide eligible youth ages 16 - 21 with education, work readiness skills, work experience & career exploration, and leadership development. Staff attended the Southwest California Economic Alliance Partners Meeting on May 28th at the Alliance office. The Fall Site Selector Event planned for October was discussed. The Alliance and Riverside County EDA provided a recap of CoreNet Global Summit tradeshow. The upcoming Bio International Convention was discussed. Riverside County EDA donated 30 cases of wine from the Temecula Valley Winegrowers Association for the California Pavilion reception. The Alliance website homepage is near completion and there will be a sponsorship opportunities for banner advertising on their site. There was discussion on allowing new Partners to become Alliance members. JUNE On June 2"d, staff met with Tomi Arbogast, Executive Director of the Temecula Valley Winegrowers Association. Economic development related items were discussed which included the Bio International Convention in San Diego, commuter survey, city projects and Old Town events. Tomi provided staff with updates on new developments and events in Wine Country. On June 3~d, staff met with representatives of DCH Auto Group, to discuss plans far their North Plaza area. On June 4th, staff attended the Southwest Regional Workforce Development Board meeting at Mt. San Jacinto College. Temecula was well represented at the meeting with the city, EDC, Temecula Unified School District present. There was discussion on a workforce development strategy and program far the region. Staff also provided a city update. On June 9t", staff attended the Partners in Education {PIE) Committee meeting at the Temecula ValleyChamber of Commerce. There was discussion on the proposed Business Summit. Mt. San Jacinto College has received grant funding far events such as this and will take the lead. The Business Summit will be an outreach to local businesses to participate with the schools on providing internships, job shadowing opportunities and jobs to Temecula Valley youth. Dianne Vaez of the Temecula Valley Unified School District provided an update of the District's 5-year Plan which is due October 1, 2008. The focus will be on career technology and work readiness skills that will make students employable after high school. Rebecca Weersing of the Temecula PTA reported that the Youth in Government program on June 4t" and 5t" at Temecula City Hall was very successful. The Youth in Government Program is for AP Government students at Temecula Valley High School, Chaparral High School, and Great Oak High School. During the program, students ran for City Council seats, received a description of student staff roles, and learned about the City CounciUCity Manager form of local government. They were given many issues to write staff reports about and then discussed the issues during a mock City Council meeting. The students were also visited by several current City Council members and those students elected to the mock City Council meeting got to spend the day with a City Council member. Laurie McLaughlin, Dean of Offsite Programs at Mt. San Jacinto College, spoke on the Secondary Curriculum Council -Eagle Express program which is a guide to success college prep course aimed at high school students with a GPA 2.5 - 3.0. Students are able to receive college credits and there is no cost to the student. Mt. San Jacinto College administers this program. Following the PIE meeting, staff attended the Career Preparation Certificate Committee meeting chaired by Corinna Coram. This is asub-committee of the Partners in Education Committee. The Career Preparation Certificate will be an Extended Studies Certificate with hopes to incorporate as part of the Temecula Unified School District curriculum. Staff met with representatives of the Higher Education Foundation on June 10t" to discuss the Higher Education Foundation's short term and long term strategy and Board structure. Council Member Roberts and staff met with the EDC of Southwest California on June 24t". The EDC provided an update of the EDC's current and planned activities which include a new strategic plan. Aaron Adams will participate on the EDC sub-committee to develop the strategic plan. Staff attended the Southwest California Economic Alliance Partners Meeting on June 25t" atthe Alliance office. The restructuring of the Alliance was discussed as Stevie Field, Executive Director of the Alliance, resigned due to another career opportunity. A recap of the Bio International Convention was provided. Board Elections took place: Alliance President, Aaron Adams - City of Temecula; Alliance Vice President, Bruce Coleman - City of Murrieta and SecretarylTreasurer,Rpril Hunt -Southwest California Economic Alliance. Other items discussed included distribution of lead alerts, marketing committee to develop Alliance materials, Site Selection Tour in the fall and upcoming Commercial Broker Breakfast. SPECIAL EVENTS Staff met with the organizers of the Temecula Valley International Jazz Festival in Mayand June to discuss their plans for their July 2008 Festival in Old Town Temecula. Kicking off the event at 3:00 pm on Saturday, July 12t" will be a tribute to Dixieland in Old Town Temecula with amini- parade. Parade Grand Marshall and Emmy Award Winning Fox 11 journalist Hal Eisner will join Mayor Naggar, stilt walkers, beauty queens and local musicians. On May 8t", staff held a post event meeting with a representative of the Rotary Club of Temecula to discuss the 12t" Annual Temecula Triathlon and 5K Run which was held on Sunday April 13t" The triathlon had a new challenging course and the new starting location was at Great Oak High School. The race included a 5K run, 16 mile bike ride and 175 yd swim. All of the proceeds from this event went to the new Luiseno Elementary School Library for books and for scholarships to Temecula high school students. The Triathlon went verywell at this new location and will have the same course for next year's Triathlon. OLD TOWN ACTIVITIES AND MEETINGS Staff attended the Old Town Working Group Meeting on May 1St at the Old Town Community Theater. Several upcoming events were discussed including the Western Days & ICS Sanctioned Chili Cook-Off which was held on May 17t" & 18t" and the Street Painting Festival and Ralph Love Plein Air Festival which was held on June 28tH & 29tH On May 30th, staff assisted photographer Ann Howell on a photo shoot in Old Town. Photos that were taken included the Old Town Mural, Dalton Building, dining in Old Town, and same retail shots. Staff met with several businesses in June that provide portable seasonal ice skating rinks. Staff prepared a Request for Proposal seeking proposals from experienced firms far the installation, removal, management and operation of the seasonal Old Town Temecula Ice Skating Rink. The ice rink is being sought as a holiday season special event for Temecula, California and will be open to the general public for recreational ice skating during the holiday. Staff will review the RFQ submittals by the end of June. Staff met with Lamar Advertising on June 3rd to go over the design to include the Street Painting Festival on the Old Town billboard. On June 12t" staff met with the Old Town Working Group and discussed the organizational changes involving the Redevelopment Development Agency, Housing and City Manager's Departments. As part of the organizational changes involving RDA and Housing, the RDA Old Town promotional budget will now be the responsibility of the City Manager's office to administer. The City Manager's office will also assume the lead for permitting of special events that involve events in the Economic Development budget and those that will occur in Old Town. The City Manager's office will also assume the lead on marketing and work in conjunction with Melody Brunsting on such special events. The City Manager's Office will continue to lead Old Town Merchant Marketing meetings. Meetings will be held monthly. The meetings help keep the merchants up to speed and educated about City projects and marketing/special events. Other items discussed at the June 12t" Old Town Working Group meeting included: Old Town construction update, new Old Town banners and maps. Updates were provided on special events held in Old Town including the 4t" of July Parade, Street Painting Festival, International Jazz Festival, Hot Summer Nights, and the Quilt Show. Staff is working with True North Research on designing and conducting an intercept visitor survey for Old Town. Staff will develop a resident survey for Old Town. Purpose is to profile those who visit Old Town on a variety of dimensions, including demographics, location of residence, frequency of visitation, as well as related shopping behaviors and preferences. The survey results and analyses will provide Council and staff with information that can be used to develop and target effective marketing strategies. On June 12t", staff met with Melody Brunsting to discuss Old Town special events and budget for the duration of 2008. On June 19`", staff from various city departments met and discussed the final plans for the Street Painting Festival scheduled far June 27t" - 29t" in Old Town Temecula. On June 26t", a meeting was held with staff, Melody Brunsting, Randy Haapala and Justin Lawlerto discuss designs for new Old Town banners. The first set of new banners will feature the Temecula Rod Run. Council Member Washington and staff attended the Old Town Temecula Business Association's Mixer on June26th at 6:00 pm at the Temecula Valley Cheese Company. This was an opportunity to meet with Old Town business owners and people interested in the promotion of Old Town and also learn what the OTTBA has been working on. In June, staff provided site/demographic information to a Chicago, IL contact looking to open a Frozen Yogurt Shop in Old Town Temecula. ATTACHMENTS: Temecula Valley Chamber of Commerce Activities Report Temecula Valley Convention & Visitors Bureau Southwest California Economic Alliance Activities Report TE Co ER BER V Y ~~rnoiNC rnE wnr July 9, 2008 26790 Vnez Caurt Suite A, Temecula, CA 92591 P: 951.676.5090 F. 951.694.0201 ww~atemecula.org info@temecula.org Shawn Nelson, City Manager City of Temecula 43200 Business Park Drive Temecula, CA 92590 Dear Shawn, Attached please find the June Monthly Activity Report as per our contract with the City of Temecula. Chamber staff assisted 4 businesses interested in relocating to Temecula. Restaurant Association Forum Committee: The Restaurant Association Forum committee held its third meeting in July. The mission of the association is to be a united voice, create solid relationship with wineries, direct marketing efforts as a group, share resources and develop educational programs. Franco Vessia, of Frankie's Steak & Seafood is the Chairman and David Nicholls of Killarneys is the vice chairman. • The committee will work on the following issues • Fighting the Credit Card Companies in regards to imposing transaction fees that are unfair. • Information was distributed for the update smoking ordinance to the group. • Local restaurant serving Temecula wines. • ABC Lead classes and menu labeling for Restaurants, Youth Employment Expo and Career Fair: The Partners In Education committee discussed the Fall Youth Employment Expo and Career Fair. The expo will take place in October or November of this year. We will continue to work in conjunction with all of the partners to make this event the best ever. The City of Temecula, Riverside County Office of Education, Temecula Valley School District, Workforce Development Center of Riverside County and the Chamber have partnered to make this event successful. The first meeting was set for Monday, July 14`h at Mt. Jacinto Temecula Campus. Business Development Resource Committee: The BDR Committee is really working hard to implement changes to grow the size of their committee and add value to the programs they offer. The Baby Boomer Spotlight group is growing in popularity and the sub-committee is organizing a packet of information to offer to Baby Boomers with all the resources they may need in the community. The Sphere of Influence event was very well received in June and the sub- committee is getting a lot of inquires about what the focus of upcoming spheres will be. They are working hard to revamp two of their programs, the Mystery Shopping program and the Partners in Learning program that raises money to buy books for the library. Valley Young Professionals: VYP held its first event, VYPER on June 26`h at the Pinnacle Restaurant at Falkner Winery. 45 young professionals attended this event. The VYPER social event included: appetizers provided by local restaurants, entertainment, prizes, networking and guided winery tours. A committee meeting was held June 5th at the Chamber office and was attended by 18 individuals. On June 10`h VYP held its first °Morning Coffee Buzz." This event is held every Tuesday morning at Perks Temecula and every Wednesday morning at Cafe Bravo both starting at 7:30am. The intent of these events is for VYP members to get to know each other and network casually over a cup of coffee before work. An educational event, Big Wig Luncheon, is scheduled for August 8th where young professionals will hear of a local top executive's career path and the successes of that career. Chamber staff is working to create a website. Anew email has been created, vyp@temecula.org. Membership Committee: 9 businesses joined the Chamber in the month of June and 66 renewed their membership. Staff and Ambassadors attended 6 Ribbon Cutting events in June. They are listed below: • Tesoro Winery Poindexter Consulting Group • Meritage at Callaway Rodrigo's Mexican Grill • Zumba Freedom Melting Pot Restaurant June's Power Networking Workshop was attended by 13 Members where they were able to work on their networking skills. The Chamber Coffee Connection, June 6`n, was a great success. It was held at the Chamber office and was attended by 18 individuals who were able to re-connect with fellow Chamber Members. On June 12`" the Chamber held its 5 Minute Networking event at the Wiens Family Cellars which was attended by 22 individuals. A seminar was put on by the Small Business Development Center on June 24`n and the topic of discussion was "Hiring the Right People". The Mixer was held on June 18`n and hosted by the Temecula Valley Chamber of Commerce and the Temecula Valley Convention & Visitor's Bureau. This event was attended by approximately 300 members. The Networking Breakfast was held June 25"' with an attendance of 65 members. Additional welcome visits were made to new businesses by Chamber CEO, staff and Ambassadors. Southwest California Legislative Council: An updated website for the Southwest California Legislative Council has been designed and launched. The website address has been simplified to www.SouthwestCA.biz. A primary focus of the SWCLC in 2008 is to increase awareness of the committee's legislative efforts. Communications with local media sources have increased to publicize the SWCLC's actions. The following positions were motioned at the June meeting: o AB 904 -Recycling Food Containers -Creates the plastic and marine debris reduction, recycling and composting act. This legislation would prohibit food providers from distributing disposable food packaging unless the packaging is compostable or recyclable. -Oppose o AB 1065 -Public Resource Building Standard - AB 1065 requires the California Energy Commission to revise its building energy efficiency standards to decrease energy usage from offsite sources by 80% by 2030. This bill would substantially increase the cost of housing and development in California. -Oppose o AB 2030 -Building Standards -This bill requires the California Energy Commission to adopt design and construction standards that require new nonresidential commercial construction to be "zero net energy" buildings. This bill was defeated last week. o AB 2112 -Energy building Standards -This bill would required the CEC to adopt standards requiring all new residential construction to be °zero net Energy" buildings by 2030. -Oppose o AB 2279 -Medical Marijuana -Prohibits employers from discriminating against an employee on the basis that the employee is a qualified medical marijuana patient. -Oppose o AB 2359 -Loans - A full report on AB 2359 will be brought forward at the next meeting. o SB 1420 -Food Facilities/Nutritional Information - SB 1420 requires food faculties to provide nutritional information on menu boards for each item. -Oppose Forecast 2008: The 2008 event took place Thursday, June 26`n. The event was very well attended by 406 business members. John Husing presented his most recent economic report for the Temecula Valley. The outlook for the valley looks as though it will be another tough year or so before things start getting better. City Managers from Temecula, Murrieta and Lake Elsinore each gave a brief presentation as well. Both John Husing's and Temecula City Manager, Shawn Nelson's presentations are available on the Chamber's website to download. Healthcare Symposium: Due to time constraints, staff is making the recommendation to merge the healthcare event with the Business Expo. The expo would include a health fair portion along with health seminars. Staff will be bringing the recommendation to the next board of directors meeting. Monte Carlo Extravaganza: This year's event is scheduled for Wednesday, September 17`n at Wilson Creek Winery. The event will take the place of the September Mixer. This year's Monte Carlo will include Las Vegas Style Gaming, Food from our local restaurants, great prizes and of course a chance to win $1000 or $500 cash. Legislative Summit: The committee has secured most of this year's panelist for the October 2nd event. The following speakers are confirmed: Moderator: Dan Walters with the Sacramento Bee, Secretary of Education, Dr. Dave Long, Deputy Legislative Analyst, Dan Carson, Riverside County District Attorney, Rod Pacheco, Senior Economic Advisor for the American Petroleum Institute, Rayola Dougher and Ken Carlisle with Abbott Vascular. The committee is also attempting to secure a representative from Metropolitan Water District as the final panelist. The next committee meeting is scheduled for August 5~' at 9:00 a.m. Tourism Highlights (Bulk brochure distributors) Activity Report: 50 each, visitor guides, winery brochures, tourism maps and street maps were given to Tarbell Realtors for potential client5.200 each, visitor guides, winery brochures, tourism maps and street maps were given to Keller Williams for potential clients. 20 Visitor Guides, and 60 winery brochures and tourism maps were given to the California Chapter of the Family Motor home Association. Also, attached are the meeting minutes for the Business Development Resource, Southwest Legislative Council, and Membership committees. If you have any questions regarding this information, please call me at (951) 676-5090 or a-mail asullivan@temecula.org. Thank you. Sincerely, ~tIZ'r Alice Sullivan, IOM President/CEO I cc: Mayor Mike Naggar Mayor Pro Tem Maryann Edwards Councilman Ron Roberts Councilman Jeff Comerchero Shawn Nelson, City Manager Councilman Chuck Washington Grant Yates, Deputy City Manager TVCC Board of Directors Aaron Adam, Assistant City Manager Gloria Wolnick, Marketing Coordinator Bob Johnson, Assistant City Manager/CD Director T~MECULA~-~~ unz~~`~Y 1 ~AtV1~I~.. i>.~ =C7F CfJMMERCE $lAWNG TIi6WAY' Membership Meeting Minutes Wednesday, June 11, 2008 - 8:OOa.m. - 9:OOa.m. Chamber Conference Room Sponsored by Community Little Book Mission Statement: Develop programs to maintain and build a membership commensurate with the growth of the Temecula business community and simultaneous growth of the Chamber. Serve as goodwill representative and strive to enhance the value of membership encouraging ongoing dialogue between members. Committee Chair: Jackie Steed Co-Chairs: David Paget Adam Ruiz Julie Ngo Board Liaisons: Tony Berardino Dan Brunell Committee Present: Lee McCollum, David Paget, Adam Ruiz, Jackie Steed, Lisa Skinner, Michael Walker, Judy Remsen, Dan Brunell, Jami McNees, Cheryl Pollard, Julie Ngo, Caprice Fisher, Rosalyne Hall, Tony Berardino, John Panique and Michelle Deskin. Staff Present: Kimberly Freize-Uhler and Katie Edmonds. Minutes Committee Chair called the meeting to order at 8:Oia.m. Self-introductions of the committee followed. The minutes of the previous meeting were reviewed and motioned for approval by Jamie McNees and seconded by Dan Brunell which carried. Miscellaneous Presentation by: Mark Katan / YTB -Your Travel Biz Katan reported Chamber members would book their travel online through the Chamber's website and receive a discounted rate for different types of travel. The Chamber would receive 60% back on all travel booked through YTB. The Chamber's fee to get the program started would be $500. Katan reported after the initial set-up costs there is no monthly or additional cost to the Chamber. Promotional items can be purchased through YTB but are not required. The committee and stafF will discuss this proposal and will report back to the committee. Special Events: Holm reported on the upcoming special events. The Legislative Summit will take place in October 2008. Speakers at the event will be Riverside District Attorney -Rod Pacheco, Secretary of Education -Dave Long along with others. To attend this event the cost is $40. Forecast 2008 will be held June 26th at Pechanga where John Husing will be presenting the latest statistics on the Temecula area as well as City Managers from the surrounding cities. The cost to attend will be $40. It will be held at Pechanga Resort & Casino starting at 7:30am. Monte Carlo Night will be held at Wilson Creek Winery on September 17t". This event is $25 pre-sale if attendees will be gambling, if they will not be taking place in any part of the gaming it is free to attend. Holm announced the special events department is looking for committee members to get involved in the event. The next committee meeting will be Monday June 16th at 8:30am. Holm reported the committee is working on the details and date for the Healthcare Symposium. Special Events is also looking for more members to participate on the committee. VYP -Valley Young Professionals By Katie Edmonds: Edmonds reported VYPER, the first social event, will be held June 26th from 5:30-7:30pm at Falkner Winery at the Pinnacle Restaurant. Edmonds announced staff has created a business card size recruitment card which gives information on VYP including the website and email. The membership committee was encouraged to hand out these cards to anyone fitting in the Young Professionals demographic. VYP has started a coffee get together called, "The Morning Buzz." This event is held on Tuesdays at Perks Temecula and Wednesdays at Cafe Bravo both starting at 7:30am. Edmonds reported the intent of this event is to have VYP members grab a cup of coffee before work and network with other young professionals. The VYPERs will be held bi- monthly on the 4th Thursday of the month, on the opposite months the group will hold an educational event. In July VYP hopes to have a Big Wig Luncheon with a local CEO or top executive to hear about their career and their successes of that career. The committee has set up a MySpace and email and will be moving forward with the website, www.TemeculaVYP.org, and details of future upcoming events. The committee meetings are held the first Thursday of each month at the Chamber office. Networking Breakfast. Networking Luncheon, Mixers and 5 Minute Networking By Adam Ruiz: Ruiz announced the Chamber Coffee Connection is held monthly on the first Friday. Approximately 20 individuals attended June's Coffee Connection and Cafe Bravo provided the Danish, thank you! The Chamber has received 2 new members from holding this event. The next Chamber Coffee Connection will be on July 11th along with the Baby Boomer Spotlight. The mixer will be co-hosted by the TVCC and the TVCVB on June 18th at the Chamber office. Ruiz announced the Chamber is looking for breakfast sponsors and business spotlights. The Power Networking Workshop will be DARK for the month of July due to the holiday but will start again in August. Ruiz announced the next 5 Minute Networking will be June 12th at Wiens Family Cellars. Sub-Committee Reports Ambassador Program By David Paget: The winner of the Ambassador contest for the month of February /March was announced. Congratulations to Michelle Deskin!! Paget announced Chamber staff and Ambassadors attended 9 Ribbon Cuttings in the month of May. The Ambassador Social was held on May 27th at the University of Redlands. Thank you to our host, Pat Golden-Romero. The Ambassador pledge of commitment form was circulated. Ambassador training date and time - TBD. Welcome & Retention By Julie Ngo: Ngo reported the welcome committee is continuing to make their scheduled calls to the new members. The committee is leaving messages but not many members are calling back. Monthly Membership Report By Kimberly Freize-Uhler: The monthly membership report was discussed. Hospital Report By Kimberly Freize-Uhler: No updated report at this time. Citv of Temecula Report By Freize-Uhler: The city has started construction on the Civic center that will be located in Old Town. Board Report By Dan Brunell: The Temecula Today newsletter was discussed. Brunell announced the Chamber is looking to reduce the frequency to every other month as the newsletter is very costly to print and requires a great deal of time for staff. By sending the publication out bi-monthly the articles/content could be more informative as there would be more time for staff to prepare. McNees commented and thought it would be a great idea to have something sent out to the membership monthly, possibly an oversized postcard with a calendar of upcoming events. Brunell reported a survey will be sent out the entire membership to get their thoughts. Brunell asked that anyone with suggestions please let Chamber staff know. Brunell reported the South West California Legislative Council has created a new website. The SWCLC consists of the Temecula, Murrieta and Lake Elsinore Chambers of Commerce dealing with different legislative issues. Brunell announced they are looking for participants to join the committee, it is open to anyone. Other Business Freize-Uhler reported the Chamber now has a business card, °Thought you'd want to know, You've been shopped by a member of the Temecula Valley Chamber of Commerce." All committee members were encouraged to hand out a card when they shop a local business. Freize-Uhler reported the Women in Business committee is looking at holding their next event on October 30t". This event may coincide with the Health Symposium so staff is working out the details of the dates and topics of both events. Freize-Uhler also announced they are in need of more committee members. Announcements The SBDC seminar will be June 24th from 9-llam and the topic will be "Hiring the Right People." Sphere of Influence -June 24th from 2-4pm. The sphere will be Marketing. Meeting adjourned: 9:OOam -Thank you for your attendance. TEM~ECULA.-- VALT:EY C,~ , ° ~/~~ E R ~„,,_~..., '~~ O~COMMERCE ZEADING THE WAY" Temecula Valley Chamber of Commerce Special Events Committee Update June 2008 Forecast 2008 The event took place June 26, 2008. The event was very well attended by over 400 community and business members. John Husing gave his most recent economic report for our area. Following. Dr. Husing's presentation, City Managers from Temecula, Murrieta and Lake Elsinore each gave a report on their city. The tentative net income for the event is $6,000. This does not included the final catering bill. The budgeted net income for the event is$6,500. 2008 Healthcare Symposium Due to time constraints, staff is recommending combining the event with the Business Expo in October and have small seminars related to health and wellness. The expo would also feature a health fair portion. Staff will meet with the committee to discuss further. 17th Annual Monte Carlo Extravaganza The committee has just begun meeting to put together plans for this year's event. The event is set to take place at Wilson Creek Winery, September 17"' from 5:30p.m. to 8:30p.m. Staff has mailed letters to past sponsors of the event. Last year's Title Sponsor, Harrah's Rincon Resort & Casino is unable to sponsor this year. Anew Title Sponsor is needed. The next committee meeting is scheduled for July 1~ at 12:30p.m. at Wilson Creek Winery. The committee will do a walk through of the new facility. 2008 Leoislative Summit The committee has secured some of the speakers for this year's Legislative Summit which is scheduled for Thursday, October 2"d at Pechanga Resort & Casino. Dan Walters with the Sacramento Bee will be the event moderator again this year. Committee members plan to discuss the event topics and questions prior with Mr. Walters to ensure the panelists answer the questions directly and not give generalized answers. The following are the list of speakers secured to date: Secretary of Education, Dave Long, Deputy Legislative Analyst, Dan Carson, Senior Economic Advisor for the American Petroleum Institute, Rayola Dougher, Riverside County District Attorney, Rod Pacheco and Ken Carlisle with Abbott Vascular. The committee is also attempting to secure a representative from the California Water Board. SOUTHWEST CALIFORNIA LEGISLATIVE COUNCIL www.southwestcaliforniaadvocacy. biz Temecula Valley Chamber of Commerce Lake Elsinore Valley Chamber of Commerce Murrieta Chamber of Commerce June 2008 SWCLC Meeting Minutes June 16, 2008 Chamber Advocacy: Shaun Lumachi and Jeremy M. Harris (Present) 2008 Chair: Greg Morrison (Absent) Meeting was presided by Dennis Frank Directors Present: Lynn Effinger, Isaac Lizarraga, Gene Wunderlich, Michelle Penna, Karen Wikert, Amy Minniear, Merrcy Moore, Joan Sparkman, Glen Daigle, Carl Johnson Directors Absent: Dr. Billie Blair, Roger Ziemer, Scott Crane Members Present: Jeff Greene-Office of Kevin Jeffries; Tamra Middlecamp-City of Temecula; Dave Willmon-League of California Cities; Morris Myers-EDC; Norma Arias-Lee-MWD; Evita Tapia- Assemblyman Benoit's Office; Larry Grable-Governor's Office; Eddie Sprecco- Assemblyman Benoit's Office, Robin Dixon-Arrowhead Credit Union, Karen Brown- Congresswoman Bono-Mack's Office Staff Present: Alice Sullivan and Laura Turnbow -Temecula Valley Chamber of Commerce Rex Oliver -Murrieta Chamber of Commerce Meeting called to order at 12:08pm by Dennis Frank 1. Approval of May 2008 Meeting Minutes Motion was made to approve the May 2008 meeting as written. The motion was seconded and carried. One member abstained due to not being present at prior meeting. 2. SWCLC Website Update -Lumachi outlined the changes and improvements to the SWCLC Website. Lumachi announced that the website address has been simplified to www.SouthwestCA.biz. Directors also reviewed statistics related to activity on the website. As stated in the 2008 priorities, a focus of the SWCLC was to increase awareness of the committee's legislative efforts. All items requiring action will be included on the homepage. Lumachi stated that Harris is communicating with local media sources to increase publicity on actions. Lumachi encouraged businesses to add the website as a link on their communications with employees. Wunderlich requested that links to Director's emails be added to the website. 3. Cal Chamber Legislative Summit -Members of the SWCLC, representing Temecula, Murrieta and Lake Elsinore, attended the California Chamber Legislative Summit. Members met with Senator Dennis Hollingsworth, Assemblymen Kevin Jeffries and John Benoit. The Cal Chamber conducted a survey of members and results reflect that 79% of businesses believe that the State of California is on the wrong track from a business perspective. 4. Leoislative Report #3 o AB 904 -Recycling Food Containers -Creates the plastic and marine debris reduction, recycling and composting act. This legislation would prohibit food providers from distributing disposable food packaging unless the packaging is compostable or recyclable. The motion was made to oppose AB 904. The motion was seconded and carried by a unanimous vote. o AB 1065 -Public Resource Building Standard - AB 1065 requires the California Energy Commission to revise its building energy efficiency standards to decrease energy usage from offsite sources by 80% by 2030. This bill would substantially increase the cost of housing and development in California. The motion was made to oppose AB 1065. The motion was seconded and carried by a unanimous vote. o AB 2030 -Building Standards -This bill requires the California Energy Commission to adopt design and construction standards that require new nonresidential commercial construction to be "zero net energy" buildings. This bill was defeated last week. o AB 2112 -Energy building Standards -This bill would required the CEC to adopt standards requiring all new residential construction to be "zero net Energy" buildings by 2030. The motion was made to oppose AB 2112. The motion was seconded and carried by a unanimous vote. o AB 2279 -Medical Marijuana -Prohibits employers from discriminating against an employee on the basis that the employee is a qualified medical marijuana patient. The motion was made to oppose AB 2279. The motion was seconded and carried by a unanimous vote. o AB 2359 -Loans - A full report on AB 2359 will be brought forward at the next meeting. o SB 1420 -Food Facilities/Nutritional Information - SB 1420 requires food faculties to provide nutritional information on menu boards for each item. The motion was made to oppose SB 1420. The motion was seconded and carried by a unanimous vote. o Sparkman requested an update on the proposed $.25 grocery bag fee. 5. Local, State and Federal Staff Uodates Frank reported that a petition is circulating in Murrieta which would control the salary levels of city managers and council members. More information will be brought forward at a future meeting. Congresswoman Bono Mack -Brown distributed information on recent legislative items: o Bono Mack introduced HR 6106 which would reduce diesel costs and incentivize clean diesel technology. o HR 6138 allows for funding to be used to pursue oil-shale development. o HR 6107 would unblock Alaskan oil sources o HR 5656 removes barriers to pursue domestic synthetic oil sources Governor Schwarzenegger -Larry Grable reported that it is anticipated that the budget will be presented in September. The Governor is currently proposing the Budget Stabilization Act. Assemblyman John Benoit -Tapia introduced Eddie Sprecco. Sprecco reported that the flexible work week was defeated by the Labor Committee. He anticipates that this bill will be reintroduced in the future. The metal theft bill failed in committee last week. An alternate bill is still active. AB 2987 deals with Workers' Compensation reform and has been supported by the Cal Chamber. It is basically a place holder bill and Sprecco requested input from the SWCLC on this item. Assembly member Kevin Jeffries Office -Jeff Greene stated the Highway 74 transfer bill continues to move forward without opposition. He stated that approximately four different versions of budgets are being discussed. Metropolitan Water District -Arias Lee thanked the SWCLC for their support on two MWD sponsored bills. She stated that three counties in Northern California have been declared water alerts. If significant conservation efforts are not initiated by this time next year then water rationing is likely. Murrieta Chamber of Commerce -Their Installation banquet is set for June 21, 2008 at South Coast Winery Resort & Spa. Elsinore Valley Chamber of Commerce -The EDC Luncheon is scheduled for Thursday at the Lake Elsinore Storm. Temecula Valley Chamber of Commerce -Frank announced that the Legislative Summit is scheduled for October 2nd and representatives will discuss education, water, petroleum and development and crime. Dan Walters will facilitate the discussion. Meeting was adjourned at 1: SSpm Next meeting will be Monday, July 21, 2008 at the Temecula Chamber of Commerce, 26790 Ynez Court, Temecula, CA The Southwest California Legislative council thanks our partners: Southwest Riverside Country Association of Realtors Rancho Ford Lincoln Mercury Metropolitan Water District Near-Cal Corporation Economic Development Corp. of Southwest California Elsinore Valley Municipal Water Dist. The Gas Company Abbott Vascular The Murrieta Temecula Group Temecula Valley Chamber of Commerce Arrowhead Credit Union Temecula Valley Bank Murrieta Chamber of Commerce Retail Development Advisors Corp. Lake Elsinore Valley Chamber of Commerce TEMEC~7LA x ~,.~,,._ 'o~ contzc~ ZF,tipiNGTt-1GWn1" Business Development Resource Committee MEAT N`G~MI"~J~TE Wednesday, June 18, @ 8:OOam TVCC Conference Room Sponsored by Community Little Book Committee Chair: Ginny Mulhern (present) Co-Chair: Barak Berlin (not present) Board Liaison: Bill Seltzer (not present) Jeff Kurtz, (present), Nancy Austin (not present) Members Present: Lisa Fuess, Michelle Deskin, Laura Bruno Staff Present: Emily Pulley Approval of Minutes May minutes approved Member Recognition Program for July Volunteer Tom Paradis Press-Enterprise LouEllen Ficke Commerce Bank o/ Temecula Valley Spotlight Boojum Institute for Experiential Education Kurt Merrill (951)763-0102 www.booium.oro Mystery Shopper Murrieta Day Spa www.mdavsoa.com The committee discussed revamping the Mystery Shopper program. Committee members would actually get involved with the mystery shopping and reports would be done. All members who are shopped would get the report regardless if they were the month's winner so they could use the information to better their business. Business Success Forum • June 10, Target Marketing - SBDC -very good presentation. Everyone came away with something new. • July 8, Customer Service Partners in Learning A task force meeting will be set to discuss how to re-energize the program. In the first year, about $16,000 were raised. This year only $3,000 has been raised. Committee Update Baby Boomer -The June meeting had a smaller crowd, but was still enjoyed by all who attended. The subcommittee will be creating a packet of resources from around the community specifically for the Baby Boomer generation. Sphere of Influence -the next event is next week. The response has been very positive. Cutting Edge Staffing will be the sponsor for the event. Big Fogg will donate misters. Board Update Jeff gave the list of upcoming events there were no new reports from the board. Adjournment Thank you for attending! NEXT MEETING: Wednesday, July 16, at B:OOam Location: TVCC Conference Room Sponsored by Community Little Book Temecula Valley Chamber of Commerce Monthly Activity Report June 2008 Chamber Year-To-Date PHONE CALLS This Month Total TOURISM Tourism Referrals 767 4,389 Calendar of Events 545 2,579 Special Events 276 1,572 General Information 1,488 8,808 TOTAL TOURISM CALLS 3,076 17,348 Relocation 139 1,292 Demographics 187 1,350 Chamber 866 5,150 Miscellaneous 698 4,287 TOTAL PHONE CALLS 1,890 29,427 WALK-INS Tourism 321 1,494 Calendar of Events 267 1,135 Special Events 187 1,204 General Information 1,356 7,943 Relocation 112 825 Demographics 145 1,010 Chamber 732 3,970 Miscellaneous 532 3,129 TOTAL WALK-INS 3,652 20,710 MAILINGS Tourism 1,121 4,768 Relocation 24 288 Demographics 145 943 TOTAL MAILINGS 1,290 5,999 E-MAIL Tourism 134 650 Relocation 32 309 Miscellaneous 643 3,173 TOTAL E-MAIL 809 4,132 WEB PAGE USER SESSIONS 14,775 42,448 GRAND TOTALS This Month Year-TO-Date PHONE CALLS 4,966 46,775 WALK-INS 3,652 20,710 MAILINGS 1,290 5,999 E-MAIL 809 4,132 WEB PAGE USER SESSIONS 14,775 42,448 Annual Volume Comparisons Chamber Chamber Percentage June 2007 June 2008 PHONE CALLS TOURISM Tourism Referrals 217 767 378% Calendar of Events 162 545 253% Special Events 162 276 151% General Information 1,103 1,488 131% TOTAL TOURISM CALLS 1,644 3,076 178% Relocation 119 139 171% Demographics 114 187 215% Chamber 834 866 105% Miscellaneous 401 698 181% TOTAL PHONE CALLS 3,112 1,890 66% WALK-INS Tourism 139 321 142% Calendar of Events 99 267 169% Special Events 98 187 216% General Information 841 1,356 157% Relocation 111 112 119% Demographics 99 145 180% Chamber 571 732 120% - Miscellaneous 310 532 176% Visitor Center Walk-Ins TOTAL WALK-INS 2,268 3,652 152% MAILINGS Tourism 428 1,121 299% Relocation 506 24 13% Demographics 139 145 128% TOTAL MAILINGS 1,073 1,290 142% E-MAIL Tourism 66 134 217% Relocation 67 32 81% Miscellaneous 280 643 190% TOTAL E-MAIL 400 809 182% WEBSITE USER SESSIONS 9,865 14,775 152% * Chamber referrals reflect faxes, walk-ins and phone calls ^ ^ ®_ ^ ^ _^ ®^ ^ ®~~ ^_^ t_ ^__t ' ^ JUNE 2008 HI~HLI6(HT~ Temecula Valley Travel Impact Study Results The TVCVB commissioned Dean Runyan Associates, Inc. once again to provide documentation of the economic signifi- cance of the travel industry in Temecula Valley from 2000-2007p. It was deter- mined that the three primary visitor attractions in the Temecula Valley are Pechanga Resort & Casino, Wine Coun- try and Old Town Temecula. Key points in the report included: • Travel spending in Temecula Valley in 2007 was $605.7 million (10.5% .increase over 2006) • Travel-generated employment has grown 4.6% per year since 2003 • 2007 Visitor volume in Temecula Valley was approximately 2.4 mil- lion • Average Visitor Spending in 2007 was estimated at $146 per person, per day or $256 per trip • In 2007~an estimated $388.1 million was spent on overnight lodging ac- commodations • Day visitors spent an approximate $152 million in 2007 • $64.6 millions was spent on trans- portation in 2007 • Local tax receipts were $6 million in 2007 (up 13% from 2006) Festivals, Mixers and Honors...Oh My! The TVCVB doubled this year as a tourism and infornuitiou booth for [be 25th Annual Temecula Valley Balloon & Wine Festival Staff and dedi- cated volunteers spent the weekend promoting the Temecula Valley at the entrance to the festi- val. The Bureau also assisted the festival by con- ducting asurvey throughout the weekend ro iden- tity where visiting guests were attending tiom. The pureau joined forces with the Te- mecula Valley Chamber and co- sponsored their June mixer.,gttendance was high and the event was a great suc- cess. ,Q big thank You to the wineries and T~W,Q for their participation and support, as well as Melody's Ad Works for assisting with the street painter and ~ Grape Escape "balloon ~4dventure for supplying the balloon liasKet for some great Photo opportunities. On June 16-18, staff member Carolyn Fittipaldi attended the CaITIA's Conference on Tour- ism Event in Palm Desert. At the conference, the California Travel and Tourism Commis- sion (CTTC) held the California Tourism Marketing Excellence Awards. It honored organiza- tionsfor excellencein creative, high quality tourism advertis- ing, marketing and public rela- tions programs. It was the NCVB's first time entering and was judged among the best in the state for its efforts to market the 2007 Temecula Valley International Film & Music. Festival and won Best Print Piece..The creative direct mail piece that served as an invitation for the MIFF was named the Judge's Choice by a panel of industry marketing experts and was selected People's Choice as well by conference atten- dees.The Bureau's press release was distributed to local media and the CTTC's press release was distributed to statewide media outlets. CALIFORNIA TOURISM RESEARCH California Hotel'Occupancy and Room Rates (May 2008)- California hotel occupancy in May was C811fOfN2 LOdQlfl9 Tfends down 2.1 percent from last year; however, with rates up ~ TI1fU May 2(}~8 2.9 percent, room revenues were up 2.5 percent state- 90 - wide. Monterey/Salinas, San Francisco/San Mateo and 80 San Diego led the state in ADR, at $169.54, $153.11 and 70 ~ $145.40. Central valley areas and California Rural North 60 i ( ~ ~ ' are bearing the brunt of occupancy and Rev PAR de- ~ 50 & 'i p r clines. n 40. u 30 ~ Travel and Tourism Research Association - Be- 0 40 low is information from two excellent presentations given t0 at the June 15-17, 2008 TTRA Annual Conference. 0 May Jun Jul Aug Sep Ocl Nov Dec Jan Feb Mar Apr May Impact of Gas Prices on Travel by Nandini Nadkarni, VP, r.2o06>07 s9.2 74.0 77.3 76.5 72.0 7f.a bas s9.6 56.6 65.5 77.6 ss.7 69.4 Operations at D.K. Shifflet & Associates, Ltd. n2007108 69.6 75.3 76.5 77.3 70.3 71.9 65,7 69.3 58.1 66.5 69.0 66.1 68.0 What people say they will do and what they actu- ally do is not always the same. Some consumers are being impacted by decreases in disposable income due to increased energy costs. Expect to see more trade-offs in the vacation expense mix rather than vacation suspensions. ~~ Stay length and/or trade down in hotel segments may be influenced by rising gas prices combined with increases in other household expenses. U Gas prices may create trade-out from the economy lodging segment - e.g. low income households. The U.S. Economy and Its Ramifications on Tourism by James F. Petrick, Ph.D., Texas A&M, cites numerous reports to try to sum up national travel sentiment and patterns: o Trip modification has begun -shorter/closer to home (still traveling) Q Summer vacations are predicted to be down 7 o TIA's travel price index is up 7.5 % from last year o AAA predicts only a 1 - 1.5 % decline in travel this summer. Memorial Day driving down .9 % 0 49 % expect to spend less $ this summer P 16 % will take fewer trips in 'O8 ~- 52 % will spend more vacation time at home RV sales (predicted) 14% decline in'06 - Q Air travel ($ + hassles); down 2.1 % in March June Activities +ro a~ Walk Ins ................. .981 Phone Calls..........................386 Mail Orders.............................939 Media Inquiries...... ...19 Email Requests ......................88 Room Night Bookings................25 Events & Festivals.. .....5 FAM Tours & Trade Shows.....4 Marketed Community Events...241 L 0 N m d V 0 wN, ^W Y 3 7 >N N N >YI f~ N N N m D) m Ot C C C C ~ .~ .~ .~ ~ ~ ~ ~ N N N N GI N R N N L a ~ ~ a ~ O O O O O Q ¢ ¢ Q N C O_ O_ C ~ y O O N ~aUOa m v O y M ~ N N a N t _~ Z ~ ° m rn E O 2 c E ~ c .N ~ ~ ~ C N of C d ~ a'~ o W ~ N N U J a g `° c ~ C m c Q J Q ~ r ~ ~ O Y N O N N tp N ~ t6 N ~ N g LL ~ N N N U to O a rn c c ~ .N E ti t ~' E E T .J. 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Report June 2008 TVCVB Walk-Ins TVCVB Phone Calls To[alWalk-Ins: 981 Total Phone Calls: 386 TVCVB Website Activity January 2008 -June .2008 Website Visitors Per Month 2$000 20000 lsooo laooo 5000. 0 £ ° ~ "_. ~ m < ~ -~ a` E" ~ m t8,S1U 17,863 23,5411 21,d89 19,40fi 16,323 Hits Per Month VVVUVU 900000 800000 700000 600000 sooooo 400000 300000 200000 100000 5 A ~ ~ a- ~• ~ ,¢ ~ 5 442,374 432,639 461,773 420,]82 947,826 378,1118 TVCVB Online Booking Report-YTD May 2005 -June 2008 June Rooms Booked = 25 awHl msel: eo~kPU P~~ xmel l'einrvvlu trtek Nn 1$1 s..mn c..aw \vi~..~~ 1311 x.d.xu)'1'namala 1]l NnJ.vv,FnIILr....k 2 uaaiaeama 29 painu~ m^ 2fi] PnLun6a 13'J Palu Mena Neavl 111 Pa6loun.. ] upm~na 6 Hiaiaul'Nn F.xpreu y; Narrulis Nlnvm CanSnv a xan.nl~~am~x.ail.. Y4 Enma~a slag n~..n e. 58 E~nnv.q RUiln 32 u.mL.nlnn MUmiem d] liinlle (}eek a IIen 1\'alern PollLn...F $ nnnVOlem l'emeoula 3] 0 <0 100 ISY 200 250 300 350 TVCVB Online Booking Revenue May 2005 -June 2008 Revenue By Year/Month: Jan 07 Frb07, ;M_utOZ .~prp7 Y;bT<, $7,737 I $7,129 $11,119 $6,277 $10,223 20000 $13,038 I $10,861 $13,370 $13,380 $9,909 L~HHH JttyAl Jri107 ". `Au~O~ rS`ep07 Qet,6T:. 3sooo 10000 $4,339 I $2,979 $4,216 $20,182 $8,765 sooo . ~ 0 021111fi E a~~ E ° E E < a o Tota] Booking Revenue ®200] ~ ° May 2005-June 2008:. $250,047 °200" Apr O$ Ma~O$.:= Juu08': $5,095 $10,839 $3,509- June 2008 Monthly Activity Report for Temecula Valley Visitors Center Dav Date Walk-ins Visitinq From Sun 6/1 38 Riverside LA Fallbrook Total 38 Dav Date Walk-ins Visitinq From Mon 6/2 14 Temecula Corona Burbank Tue 6/3 13 Fontana Texas Pennsylvania Wed 6/4 25 France Cleveland San Clemente Thu 6/5 32 Utah Colorado Connecticut Fri 6/6 21 Sun City Minnesota Arizona Sat 6/7 82 New Jersey Yucca Valley Anaheim Sun 6/8 48 San Diego Germany Pasadena Total 215 Dav Date Walk-ins Visitinq From Mon 6/9 13 - Minnesota Perris Compton Tue 6/10 27 Long Beach LA Corona Wed 6/11 17 Ohio- Germany San Diego Thu 6/12 21 Japan _ Chula Vista Florida Fri 6/13 24 Temecula Maryland Lake Elsinore Sat 6/14 33 Hemet Fontana Mentone Sun 6/15 23 Arizona N. Carolina Oregon Total 158 Dav Date Walk-ins Visitinq From Mon 6/16 19 Sacramento Redlands Illinois Tue 6/17 13 Irvine Alabama Pennsylvania Wed 6/18 26 San Francisco Sylvain S. Carolina Thu 6/19 9 Woodland Hills New York Idaho Fri 6/20 28 San Jacinto Iowa San Diego Sat 6/21 43 Lake Elsinore Temecula Maryland Sun 6/22 16 Chicago Sun City Nevada Total 154 Dav Date Walk-ins Visitinq From Mon 6/23 10 Temecula Irvine Fallbrook Tue 6/24 4 Kansas Louisiana LA Wed 6/25 40 San Diego Canada Chicago Thu 6/26 24 St. Louis Ohio Wildomar Fri 6/27 45 Riverside Pasadena O.C Sat 6/28 51 Temple City Alabama Maryland Sun 6/29 46 Yucca Valley Sacramento Santa Maria Total 220 Dav Date Walk-ins Visitinq From Mon 6/30 21 New Zealand Arizona New England Total 21 Grand Total 806 V AFL L ELY Conmefiort mid YeiLO,B Bumu June 2008 Monthly Activity Re Report for TVCVB Main Offire Day Date Visitor Info Calls Staff Calls Media Calls Total Calls Visitor Info Walk-ins Staff Walk-ins Total Walk-ins Mon 6/2/2008 10 16 2 28 3 3 6 Tue 6/3/2008 - T 11 1 19 2 6 8 Wed 6/4/2008 9 10 2 21 3 5 8 Thu 6/5/2008 7 9 0 16 2 8 10 Fri 6/6/2008 11 8 0 19 6 3 9 Mon 6/9/2008 9 12 1 22 1 3 4 Tue 6/10/2008 5 10 2 17 1 4 5 Wed 6/11/2008 7 12 0 19 2 10 12 Thu 6/12/2008 5 8 0 13 4 4 8 Fri 6/13/2008 8 3 0 11 6 7 13 Mon 6/16/2008 14 8 2 24 9 2 11 Tue 6/17/2008 15 10 2 27 4 11 15 Wed 6/18/2008 3 8 0 it 2 2 4 Thu 6/19/2008 10 6 1 17 4 3 7 Fri 6/20/2008 4 7 0 11 3 2 5 Mon 6/23/2008 9 7 1 t7 3 4 7 Tue 6/24/2008 8 6 2 16 2 1 3 Wed 6/25/2008 7 13 0 20 4 2 6 Thu 6/26/2008 10 7 1 18 6 3 9 Fri 6/27/2008 11 4 1 16 1 4 5 Mon 6/30/2008 12 11 1 24 5 7 12 Grand totals 187 186 19 °;3$~G 73 94 , 't6~: .ate ~ - -"~~° ss ? ~ ~ a -: ~ t~~.. ~ ~° ~~ ~ s ~" . j`- ~ ~ . ~~ ~' ~ '~ £,k ~~ ~ . i ~. ' may p _,.,~ S ~`t ~~ ~t~ .. ~ ~' p~ ~ ~ ~ y s' ~ i ~ ' waft ~"` ~ p ~,; . s n_ s ,~ , . , Meeting Facilitator: Stevie I3tield, Executive Director Directors: Stevie Field, Economic Aaron Adams, City of Gloria Wolnick, City of Temecula Bmce Coleman, City of Alliance Temecula Murrieta Cathy Barrozo, City of Lake Sherrie Jared, County of Rick Dudley, City of Murrieta Elsinore Riverside 1. Call to Order 5. New Business 2. Approve Agenda 6. Continuing Business 3. Minutes 7. Open Discussion 4. Financial Report ~~~ ~s 9z~'3.. ~ 5t py9E~'£~M1°»°~I (1 °t'~~ry,"y ~a~"`wg ~eZrm~ ~ ~ aucc.5"~ ~""i ~ 35 c' 3n5° ~~' °~"~, ~ 9 _ ~ ~ : ~~ ~. ~,t~l.. ~~ 6313 ~ ~ s'Ei n~ u° " ~` ~ ~ '~ ~ ' ~~ ~ .. ~ 43 ' ~ 3ell.. 3 ~a~~~ .Y I ~ Val z; xss ._3.~ 53 ...'ac _~ ~ n -~ .+n.. ..m ~ .: Vii... ~ 5x~'.n°Ir ca 1. Meeting Called to Order at 3:14pm 2. Agenda -Motion to approve agenda by Sherrie Janed and seconded by Gloria Wolnick 3. Minutes - Motion to approve minutes was made by Bruce Coleman and seconded by Gloria Wolnick, 4. Financial Report -Motion to approve fmancial report by Gloria Wolnick and seconded by Bruce Coleman 5. Wildomar -New Parhner, Motion to make Wildomar a new Partner for no fee the first year was made by Aaron Adams and seconded by Sherrie Jared 6. Menifee -New Parrtner, boazd decided to wait on voting for Menifee untIl next Alliance Meeting 7. New Business - a. Fall Site Selector Event, it was discussed that we would fly in roughly 15 site selectors in on Southwest Aulines for a Bus Tour, wine tasting, and to possibly have horderves and wine at each stop. We would put baskets in each room before they checked in. There would be panel speakers from Urilities, EDC for Q&A and perhaps attend a baseball game. Tentative dates are October 26, 27, or 28. b. Tradeshow/Conference recap for CoreNet, recommendation is to keep all wine growers all together. c. Lake Elsinore -Stevie received a call from Bob Brady informing her that they were thinking of cutting the budget from $30,000 to $15,000. It was discussed that Lake Elsinore maybe able to make up some of the money by in kind contributions. 8. Continuing Business - a. Website - website homepage is almost complete. Sponsorship banner in bottom of webpage available to sponsors b. Bio 2008 -Riverside donated 30 cases of wine from the wine growers association. They are trying to get Tomi to go to Bio and talk about wine. Supervisor Stone will attend Bio and speak. c. May Broker Breakfast -May Broker Breakfast postponed, email tentative dates to partners d. Fiscal Yeaz 08/09 Mazketing Projects -Letter writing campaign, possibly add a day to conference to meet with local Companies. e. Southerst Airlines -Southwest Tickets are on their way E EDC Board Position- Go back to Executive Committee and see what in kind contribution they expect. 9. Open Discussion a. Alliance Monthly update b. City/County update i. Lake Elsinore ii. Murrieta -Bruce has made 160 calls to retailers. ICSC was a great show, 4 coulncil members participating. Following up from meetings. He is making contacts with all outside and local brokers. iii. Temecula -Attended a budget workshop, Alliance funding is included. Cal State San Marcos/Temecula coming offering Nursing RN, partnered with Hospital. Specialized Masters Degree, fast of its kind. Broke ground for Civic Center imporvement. iv.County of Riverside -All County depts have taken cuts but it won't reflect Alliance funding. Sheme gave us a list of conferences and fradeshows they aze attending. 10. Adjourn -Motion was made to adjourn meeting 11. ~~r^ + ii~E~VL .ePMin~ih p .,~. r ~ a a s § ~ ~ ~-"s ~ t,_,., I~~Y~3r`r~.. `~a~v-+d h .~~a~~n'26~.a~~, a.~~-s."m '~W~ 'vv~~.{~~~c'S ~~~°E' ~n e6Ch WR_I i2~ Jm_Z._£i .____§~_~a _ ~+wru. °'}« P ~:...'k.°.. i°n9?~.maoaam a@YA._E0 uW ..:e.,..~«..'" Research hotel accomodations for Site Selector Event, Possible venue at Temecula Theatre. Start designing invitations and when we have an RSVP send confirmation to attendee and a bottle of wine. ~ ._ ~.'s~~~~F.7-1 ~~~~e. ~ ~......~._,_ _.,! ...: :' ITEM NCB. 37 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn D. Nelson, City Manager DATE: July 22, 2008 SUBJECT: City Council Travel/Conference Report -June 2008 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file fie, 42, On June 4 Council Member Ron Roberts traveled to Lake Arrowhead to attend the Southern California Association of Governments Transportation & Communications Committee, Administration Committee, and Regional Council Meetings. On June 19 Council Member Chuck Washington traveled to Cabazon to attend the Western Riverside Council of Governments General Assembly and Executive Committee Meeting. Attachments: Meeting Agendas SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 [(213)236-7800 f (273)236-7625 www.scag.ca.gov Officers President Richard Dixon, Lake Forest First Vice President Harry Baldwin, San Gabriel Second Vice President Vacant Immediate Pas[ President Gary Ovitt, San Bernardino County TIME Thursday, June 5, 2008 12: 00 noon - 1; 00 p, m. Lake Arrowhead Resort & Spa 27984 Highway 189 Lake Arrowhead, CA 92352 (909) 336-1511 (Directions Attached) If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Cathy Alvarado at 213.236.1896 or alvaradoQscaa ca aov Agendas and minutes -for the Transportation and Communications Committee are also available at: www:sca .ca. ov/committees/tcc.htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1868 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1868. The Regional Council is comprised of83 elected offdals representing 16] cities, six coumies, five County Transportation Commissions, and a Tribal Government represen[a[Ive wRhin Southern California. zom as.ov.ae RECEIVED JI~N;;O 2,..1008 CITY.MANA~iER'3 OFFICE' MEETING OF THE ~~ TRANSPORTATION & COMMUNICATIONS COMMITTEE AGENDA JUNE 5, 2008 TIME PG# The Transportation and Communications Committee may consider and act upon any of the items listed on the agenda regardless of whether they are listed as information or action items. 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Mike Ten, Past Vice-Chair) 2.0 ELECTION OF CHAIR AND VICE CHAIR 3.0 PUBLIC COMMENT PERIOD -Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Transportation and Communications Committee, must fill out and present a speaker's card to the Sr. Administrative Assistant prior to speaking. A speaker's card must'be turned in before the meeting is called to order. Comments will be limited to three minutes. The Chairman may limit the total time for all comments to twenty minutes. 4.0 REVIEW and PRIORTIZE AGENDA ITEMS _ `' 5.0 CON5ENT CALENDAR 5.1 AaarovalItems 5.1.1 Minutes of Mav 8 2008 Meetine 6.0 REPORT/ACTION ITEMS 6.1 Draft 2008 Regional Transportation Imorovement Program (RTIPI (Pablo Gutierrez, SCAG) SCAG is the Metropolitan Planning Organization responsible for developing the RTIP for the six county region. Under law, the RTIP is required to advance the RTP by programming the projects, programs, and policies in the RTP, in accordance with federal and state requirements. Recommended Action: Approve staff recommendation to release the Draft 2008 RTIP for public review and comments; and recommend that the Regional Council adopt Resolution No. 08-498-1. 10 minutes 10 SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS TRANSPORTATION & COMMUNICATIONS COMMITTEE AGENDA JuNe 5, 2008 TIME PG# 7.0 AVIATION TASK FORCE REPORT 8.0 MAGLEV TASK FORCE REPORT (Hon. Lou Bone, Chair) 9.0 CHAIR'S REPORT 10.0 STAFF REPORT (Naresh Amatya, SCAG) 11.0 FUTURE AGENDA ITEMS 12.0 13.0 ADJOURNMENT The next meeting of the Transportation and Communications Committee will be held on September 11, 2008 at the. SCAG office in downtown Los Angeles. Doc.1454' r C. A D l1 SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Main Office 878 West Seventh Street _ 12th Floor Los Angeles, California 90017-3435 t (213) 236-1800 f (213)236-1825 www.scag.<a.gov Officers President Richard Dixon, Lake Forest First Vice President Harry Baldwin, San Gabriel Second Vice President Vacant Immediate Past President Gary Ovitt, San Bernardino County RECEIVE® JUN 0 3 2008 PLEASE NOTE NEW LOCATION AND TIME Thursday, June 5, 2008 1:00 p.m. - 2:00 p.m. Lake Arrowhead Resort & Spa 27984 Highway 189 Lake Arrowhead, CA 92352 (909) 336-1511 (Directions Attached) If members of the public wish to review the attachments or have any questions on .any of the agenda items, please contact Carmen Summers at 213.236.1984 or summers @ scaa.ca.gov Agendas and Minutes for the Administration Committee are also available at: www. stop. ca. gov/committees/ac. htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1868 at least 72 hours in advance of the meeting fo enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1868. - The RegionalCouncil is comprised of e3 elected officials representing l6]dtiet, six counties, five Countytransportation Commissions, and aTrlbal Government representative within Southern Cal'dornia. 3001 08.0908 MEETING OF THE CITYO NACEERrs ADMINISTRATION COMMITTEE AGENDA JUNE 5, 2008 TIME PG# The Administration Committee may consider and act upon any of the items listed on the agenda, regardless of whether they are listed as information or action items. 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Richard Dixon, Chair) 2.0 PUBLIC COMMENT PERIOD -Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Administration Committee, must fill out and present a speaker's card to the Assistant prior to speaking. A speaker's card must be turned in before the meeting is called to order. Comments will be limited to three minutes. The chair may limit the total time for all comments to twenty minutes. 3.0 CONSENT CALENDAR 3.1 AnurovalItems 3.1.1 Minutes of May 8, 2008 Meeting 3.1.2 Legal Services Contracts 3.1.3 Amendments Greater than $75.000 (aggregate value) 3.1.4 Contracts Over $250,000 Attachment Attachment Attachment O1 05 07 10 15 26 5 min 29 3.2 Receive & File 3.2.1 Amendments. Contracts/Purchase Orders between $5,000 - $250,000 3.2.2 CFO Monthly Financial Report 4.0 REPORT/ACTION ITEMS Attachment Attachment Attachment 4.1 Authorize Printing of SCAG's Attachment Member Benefits Brochure (Arnold San Miguel, SCAG Stain Recommended Action: Approve Authorization SOUTHERN CALIFORNIA ASSO[IATIONoPGOVERNMENTS i #145405vt ADMIN AGENDA JUNE 200a 9:33:14 AM 5/29/2009 C.SUMMERS ADMINISTRATION COMMITTEE AGENDA JUNE 5, 2008 TrMe P~# 4.0 REPORT/ACTION ITEMS -Cont'd 4.2 Guidance for Sponsorship Request Attachment 5 min 30 (Hon. Glen Becerra, Chair) Recommended Action: Approve recommendation of the Membership and Communications Subcommittee 4.3 Regional Transportation Improvement Attachment 5 min 32 Program (RTIP~ (Rosemary Ayala, SCAG Staf,~ Recommended Action: Rewmmend to the RC that the SCAG President and Executive Director be authorized to execute the resolution approving the 2008 RTIP and forward to the funding agencies. 5.0 EXECUTIVE DIItECTOR'S REPORT 6.0 STAFF REPORT 7.0 FUTURE AGENDA ITEMS Any Committee member or staff desiring to place items on a future agenda may make such request 8.0 ANNOUNCEMENTS 9.0 ADJOURNMENT The next meeting of the Administration Committee wiil be held on Thursday, September 11, 2008 at the SCAG offices in downtown Los Angeles. SOUTHERN CALIFORNIA ASSOCIATION ofGOVERNMENTS ii #145405v1 ADMIN AGENDA JUNE 2008 9:33:14 AM 5/29/2008 C.SUMMEfiS SOUTHERN CALIFORNIA N0.498 MEETING OF THE ASSOCIATION of GOVERNMENTS Main Office .818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 t(213)236-1800 f (213) 236-1825 wwwscag.ca.9ov Officers President Richard Dixon, Lake Forest First Vice President Harry Baldwin, San Gabriel Second Vice President Vacant Immediate Past President Gary Ovitt, San Bernardino County RECEIVED ~ur~~e ~ ..zoos CITY ~ FICE R,g PLEASE NOTE NEW LOCATION AND TIME Thursday, June 5, 2008 2:00 p.m. - 4:00 p.m. Lake Arrowhead Resort & Spa 27984 Highway 189 Lake Arrowhead, CA 92352 (909) 356-1511 (Directions Attached) If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Shelia Stewart at 213.236.1868 or stewart @ scag.ca.gov. Agendas and Minutes for the Regional Council are also available at: www.scaq.ca. gov/committees/rc. htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1868 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213)236-1868. The Regional Council is comprised of 83 elected officials representing 16] dues, six counties, flue County Transportation Commissions, and aTribal Government representative within Southern California. 2001 0509.Oa REGIONAL COUNCIL AGENDA JUNE 5, 2008 The Regional Council may consider and act upon any of the items listed on the agenda regardless if they are listed as information or action items. 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Richard Dixon, President) 2.0 PUBLIC COMMENT PERIOD -Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Council, must fill out and present a speaker's card to the Executive Assistant prior to speaking. A speaker's card must be turned in before the meeting is called to order. The Regional Council may consider and act upon any of the items listed on the agenda. Comments will be limited to three minutes. The President may Iimit the total time for all comments to twenty minutes. 3.0 CONSENT CALENDAR PG# 3.1 AnnrovalItems 3.1.1 Minutes of Mav 8, 2008 Meeting Attachment 1 3.1.2 Legal Services Contract Attachment 8 3.1.3 Amendments Greater than $75,000 Attachment 10 3.1.4 Contracts over $250,000 Attachment 13 3.1.5 State of the Region Publication Schedule Attachment 18 3.2 Receive & File 3.2.1 Amendments Confracts & Purchase Orders Attachment 27 between $5.000 - $250,000 3.2.2 CFO Monthly Report Attachment 38 4.0 4.1 Announcement of Policy Committee Chairs & Vice Chairs 4.2 Committee Appointments 4.3 Presentation of Awards SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS. i REGIONAL COUNCIL AGENDA JUNE 5, 2008 Fc# 5.0 DISCUSSION OF SUBCOMMITTEES & TASK FORCE MEMBERSHIP 6.0 COMMITTEE REPORTS/ACTION ITEMS 6.1 Administration Committee Resort 6.1.1 Printing of SCAG Member Benefits Attachment 41 Brochure Recommended Action: Approve b.1.2 Guidance for Sponsorship Request Attachment 42 Recommended Action: Approve 6.2 Energv & Environment Committee Resort tEEC) 6.2.1 Climate Change and the Regional Comprehensive Attachment 44 Plan Recommended Action: Receive & File 6.3 Transaortation & Communications Committee (TCC) 6.3.1 Draft 2008 Regional Transportation Improvement Attachment 51 Pr_ ogram Recommended Action: 1) Approve Resolution #08-498-1; 2) Authorize the SCAG President and Executive Director to execute Resolution #08-498-1 approving the fina12008 RTIP; and 3) Forward to the funding agencies. 6.4 Community. Economic & Human Development (CEHD) 6.4.1 City Profile Project Attachment 78 Recommended Action: Receive & File SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS 11 REGIONAL COUNCIL AGENDA .JUNE 5, 2008 7.0 EXECUTIVE DIRECTOR'S REPORT (Hasan Ikhrata) 7.1 Update on RHNA Liti ag tion 8.0 LEGISLATIVE AND COMMUNICATION REPORT 8.1 SB 375 (Steinberg) -Transportation Planning; Sustainable Communities Strateev An update and status of SB 375 negotiations and/or amendments will be presented. 9.0 FUTURE AGENDA ITEMS Committee members desiring to place item on a future agenda may make such a request. 10.0 ADJOURNMENT The next meeting of the Regional Council will be held on September 11, 2008 at SCAG offices in downtown L.A. Pr;# SOUTHERN CALIFORNIA ASSOCIATION OfGOVERNMENTS iu` Western Riverside Council Of Governments General Assembly Business Session AGENDA Thursday, June 19, 2008 6:30 p.m. Morongo Casino, Resort & Spa 2nd Floor Ballroom Cabazon, CA 1. Public Comments At this time members of the public can address the General Assembly regarding any items with the subject mafter jurisdiction of the Assembly that are not separately listed on this agenda. Members of the public will have an opportunity to speak on agendized items at the time the item is called for discussion. No action maybe taken on items not listed on the agenda unless authorized by law Whenever possible, lengthy testimony should be presented to the Assembly in writing and only pertinent points presented orally. 2. Approval of Minutes from the June 21, 2007, General Assembly P. 1 Requested Action: 1. Approve minutes from the June 21, 2007, General Assembly. 3. Approval of WRCOG Fiscal Year 2008/2009 Budget P. 3 Requested Action: 1. .Approve the Fiscal Year 2008/2009 Budget. 4. Awards and Recognitions Requested Action: 1. Present the following awards: - Award for Distinguished Service Larry Parrish, County Executive Ofl!cer, County of Riverside - Norton Younglove Air Quality Award Barry R. Wallerstein, D. Env.,. Executive Officer, South Coast Air Quality Management District Robert A.Wolf, President Emeritus, Germania Corporation - WRCOG Technical Committee Chairs for FY 2007/2008 Shawn Nelson, WRCOG Technical Advisory Chair Juan Perez, WRCOG Public Works Committee John Terrell, WRCOG Planning Directors Committee 5. Selection of WRCOG Executive Committee Chair, Vice-Chair, and Second Vice-Chair P. 7 for Fiscal Year 2008/2009 Requested Actions: 1. Appoint Jeff Stone, Supervisor, County of Riverside, as WRCOG Executive Committee Chair for Fiscal Year 2008/2009. 2. Appoint C. Robin Reeser Lowe, Council Member, City of Hemet„ as WRCOG Executive Committee Vice-Chair for Fiscal Year 2008/2009. 3. Appoint John Zaitz, Mayor Pro Tem, City of Canyon Lake, as WRCOG Executive Committee 2nd Vice-Chair for Fiscal Year 2008/2009. 6. Adjourn Western Riverside Council of Governments Executive Committee AGENDA Friday, June 20, 2008 10:00 a.m. Morongo Casino Resort & Spa 2"d Floor, Eagle Ballroom Cabazon, CA (In compliance with the Americans with Disabilities Act and Government Code Section 54954.2, if special assistance is needed to participate in the Executive Committee meeting, please contact WRCOG at (951) 955-8320. Notification of at least 48 hours prior to meeting time will assist staff in assuring that reasonable arrangements can be made to provide accessibility at the meeting.) 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS At this time members of the public can address the Executive Committee regarding any items with the subject matter jurisdiction of the Committee that are not separately listed on this agenda. Members of the public will have an opportunity to speak on agendized items at the time the item is called for discussion. No action maybe taken on items not listed on the agenda unless authorized bylaw. Whenever possible, lengthy testimony should be presented to the Committee in writing and only pertinent points presented orally. 5. CONSENT CALENDAR A. Transfer of Wells Fargo Bank Account to Scott Higginbotham P. 1 Security Bank of California Reauesfed Action: 1. Approve the transfer of the Wells Fargo Bank Account to Security Bank of California. 6. SPECIAL LEGISLATOR'S BRIEFING California State Assemblyman John Benoit (64th District), Assemblywoman Bonnie Garcia (80th District), Assemblyman Kevin Jeffries (66th District), Assemblyman Paul Cook (65th District), Republican Candidate Brian Nestande (64th District), Republican Candidate Jeff Miller (71st District), and Larry Grable, Office of the Governor, are scheduled to attend the Executive Committee meeting and discuss key legislative and other activifies of interest occurring at the State level 7. NEXT MEETING: The next Executive Committee meeting is scheduled for August 4, 2008, 2:00 p.m., County Administrative Center, 1s~ Floor, Board Hearing Room. 8. ADJOURNMENT Approvals City Attorney Director of Finance 5~~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jerry Williams, Chief of Police DATE: July 22, 2008 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the month of June 2008. PATROL SERVICES Overall calls for police service .................................................................................................. 7095 "Priority One" calls for service ....................................................................................................... 48 Average response time for "Priority One" calls ...............................................................3.0 Minutes VOLUNTEERS Volunteer administration hours ................................................................................................... 794 Community Action Patrol (CAP) hours ....................................................................................... 161 Reserve officer hours (patrol) ....................................................................................................... 47 Total Volunteer hours ................................................................................................................ 1796 CRIME PREVENTION/GRAFFITI Crime prevention workshops conducted ................................................ ........................................ 1 Residential/business security surveys conducted .................................. ........................................ 7 Businesses visited .................................................................................. ...................................... 20 Businesses visited for past crime follow-up ............................................ ...................................... 10 Crime prevention articles ........................................................................ ........................................ 1 Total square footage of graffiti removed ................................................. ................................. 9,862 Number of Graffiti Locations ........................................................ ................................ 37 OLD TOWN STOREFRONT Total customers served ............................................................................................................... 351 Sets of fingerprints taken .............................................................................................................. 63 Police reports filed ........................................................................................................................ 13 Citations signed off ....................................................................................................................... 44 Total receipts ..................................................................................................................... $5,442.00 SPECIAL ENFORCEMENT TEAM (SET TEAM) On sight felony arrests ......................................... On sight misdemeanor arrests ............................. Felony arrest warrants served ............................. Misdemeanor arrest warrants served .................. Follow-up investigations ....................................... Parole Searches ................................................. Gang Members Contacted .................................. TRAFFIC Citations issued for hazardous violations ....................................................... .......................... 1268 D.U.I. checkpoints conducted ......................................................................... ................................ 0 D.U.I. Arrest ....................................................................................... ...........................40 Nan-hazardous citations ................................................................................. ............................ 363 Stop Light Abuse/Intersection Program (S.L.A.P.)citations ............................ ............................ 179 Neighborhood Enforcement Team {N.E.T.) citations ..................................... ............................ 205 Parking citations .............................................................................................. ................................ 0 Seatbelts ........................................................................................ ..........................66 School Zones .................................................................................. ..........................43 Injury callisions ................................................................................................ .............................. 13 Prese ntatia ns ................................................................................. ............................1 INVESTIGATIONS Beginning Caseload .................................................................................................................... 197 Total Cases Assigned .................................................................................................................. 49 Total Cases Closed ....................................................................................64 Number of community seminars/presentations conducted ............................................................ 7 PROMENADE MALL TEAM Calls for service ........................ Felony arrest/filings .................. Misdemeanor arrestlfilings....... Vehicle burglaries .................... Vehicle thefts ............................ Total receipts ............................ SCHOOL RESOURCE OFFICERS ......... 220 ........... 25 ........... 15 ............. 2 ............. 0 $5,828.00 Felony arrests ..................................................................... ............................................................ 0 Misdemeanor arrests .......................................................... ............................................................ 1 Citations .............................................................................. .......................................................... 26 Youth counseled ................................................................. ........................................................ 83 Presentations .......................................................... ..................................................0 YOUTH ACCOUNTABILITY TEAM School visits ................................................................... ............................................................... 34 Home visits ..................................................................... ............................................................... 45 Presentations ...................................................... .......................................................6 Truancy Sweep ..................................................... .......................................................0 Approvals City Attorney S~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: July 22, 2008 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of June, 2008. MEMORANDUM TO: Bill Hughes, Director of Public Works FROM: ~9~ Brad Buron, Maintenance Superintendent DATE:.. July 9, 2008 SUBJECT: Monthly Activity Report - June, 2008 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of June, 2008: I. SIGNS A. Total signs replaced 32 B. Total signs installed lgg C. Total signs repaired 21 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns 11 III. ASPHALT REPAIRS A. Total square feet of A. C. repairs 5,566 B. Total Tons 110 N. CATCH BASINS A. Total catch basins cleaned 139 V. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement 3,200 VI. GRAFFITI REMOVAL A. Total locations 37 B. Total S.F. 9,862 VII. STENCILING A. 571 New and repainted legends B. 9,296 L.F. of new and repainted red curb and striping R:IMNNI'A[N~MOACTRPT Also, City Maintenance staff responded to 50 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 40 service order requests for the month of Mav, 2008. The Maintenance Crew has also put in 120 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of une 2008 was 10 000.00 compared to 94 945.00 for the month of Mav, 2008. Account No. 5402 $ 10,000.00 Account No. 5401 $ Account No. 999-5402 $ cc: Dan York, Deputy Director of Public Works/City Engineer Greg Butler, Deputy Duector of Public Works Ali Moghadam, Principal Engineer - (Traffic) Amer Attar, Principal Engineer - (Capital Improvements) Jeny Alegria, Senior Engineer - (Land Development) o- K i m ~ °a~ o [D m W } 0 O F Q W } o~nm r r r N ~ M ~O n ~ ~r ,o O r W~ ~ M ~ °~ ° ~ ~ ~ o~n o~ r N M .. O O ~ ~ ~ E9 ~ ~ O ~ o O ~ N n n com om rn m M N V N O r r N V t n r V W N W M (O (O M r (p N ~ N o W M °~ M ~ N N J ON V' N Nr ~ oar O ~ O M.-a7~OM M r a r n Q ~ ~ m0 rnro ~ DJ~ m o ~n ~ ONO(OO(O r ro J MMrn Nr <o N r ~ , !li` O ~ N M p N N R ~ M (gyp N ~ W r ~ c ~ r (NO O ~ n v Z ^ N d N O O O y r W O O ' N'. M O) r 0 ~ O O N ' O M W ~ V N ~ 0 M` W M r N~ KJ ~ N O ~ ~ tM OMi ': ~ ~ . - M of !: f0 W u> M n ~ ~ oo.n oo M o ~orvo~om 0 0 0 o o o ~ o 0 o m r ro~ v m ~ N O ~ (V ~ p O ~ N O Q M ~ ~ r r O N ui N ~ ~ ~ M OO V O p0 W mr O O O ~NrMO V aD (O M r M ~ ~ ~ (O N N N M N O 'J ~ O ~ rn ~ h N ~ ~ y ~ ~ o ai co ~ a ~ ~ `" O ~ ~ O O O O O O O ~ O O ~ O V O W~~ (p N V W ~ O p ~ p O O c ~ ~ r 3 a G _ ~ ~ V ~ r M N V r2 N t..) N m M r U ~ m o 0 rL M ~ LL ~ Q O~ W F W } } ~ O O M ~ Q U 'R ~ OOM N (O WO 4i Mr N ~ ~ O O ~(ONMOO~~W R'WLL V N p m ~ ~ ~ a a v, , , ~ c j O O N ~ O O R R O ~ N ~ N M I (D 0 0 ~ m~ W Z O (O ° O) C1 ~ M r "r r N Q p ~ O M V W r ~ ~ ~ ~ F W K ~ V ry Z LL N ~ IL N N lL h a O N O F C~ U Z ~ N N . - R t0 J 3 p. (n ~~ ~ N F LL c y Q a N Z 41 Z a ~ Q~ O~ 3 6 F m . £ o y ~ fp. F m- c E o o U aNU O U c c;., O Z O a 0 Z m~- d a wa E ~ o ~ v7 m m U Q T R U O ~ m U N U -Q ~~ 0 0~ i w m a U ~ d ~ J ~ OI- J U , r2 J ~ J ~ d' ~QI F- = J F z n ~ F W ~ m F ' Q v " 3 3 Z F n c ~ O 'c N ' O I - } ~ c c a i m m 0 ~ yo uo O m N 0 K E O s O v rnrnm d dxm ' ~ O Q ~ ~ N ~ ~ ~r ~ ~ m vic~F-~z¢rnc ~ ono ~ J GI ^ S a - m ~ m\mU d `~ S_- m T E m a y a in .~' °' m m a n m ~ m ova W YF C' a, w W ~+aV°o J ~ Q N m~WS ~_~o N a>z oc~iaa ~a~i z W J W R apyLL a~ w 0 w z STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of June, 2008 DATE DESCRIPTION:. 'TOTAL COST ' ACCOUNT STREET/CHANNEL/BRIDGE OF WORK SIZE - 'CONTRACTOR ~-~ ItENE'S COIVZME$CIALMANAGENIENT .<;, ~, '` ~~ ~ € " Date: 06/08 DEBRIS & TRASH CITYWIDE R.O.W. WEED ABATEMENT # 5402 TOTAL COST $10,000.00 Date: TOTAL COST Date: TOTAL COST Date: TOTAL COST `~ z 'CONTRACTOR s I ~' ~' ~"" ~ " Date: TOTAL COST Date: TOTAL COST ~CONT~GTORx,~, ,,{ ~{~S.i ~ z ~~ ,~~ ~ ~ ` Date: TOTAL COST Date: # TOTAL COST TOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 $10,000.00 TOTAL COST ACCOUNT #99-5402 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF JUNE, 2008 <~ ~~ DA`~'k' r,~ ~£~ ~'~'~`~ ; h t ~z`' wl ~,. Y#p. }a4Y„v ~ V d n ~ , . , , ~r~,~w ~'~ ~ ~ ~ ~~I OCR OBI ~ ~ ~~ p \<4o- ~,x~ ~ ~,~,.N ~~ .,,~~ v.~ 3 _ ~ il. ~~%F" E£ ~ ~ ~~SCOP~®F~RK ~ ~~~~ ..A ;.~w~. ~ r ~~ ,.,~ yT .c S F ~~~ ~ , .. , ~~.~ » TOT;1T, ,~ y= a 06/02/08 SANTIAGO AT CORTE ALMONTE R & R A.C. 360 5 06/03/08 SANTIAGO AT CORTE ALMONTE R & R A.C. 195 5 06/04/08 CITYWIDE POTHOLES POTHOLE REPAIR 57 3.5 06/05/08 SANTIAGO AT CORTE ALCANTE R & R A.C. 297 5 06/09/08 CITYWIDE POTHOLE REPAIR 167 2 06/10/08 SANTIAGO AT CORTE ALMONTE R & R A.C. 240 6.5 06/11/08 MONTELEGRO A.C. OVERLAYS 208 3.5 06/12/08 MONTELEGRO A.C. OVERLAYS 218 4 06/13/08 CALLE RESACA POTHOLE 6 TEMP A.C. 06/16/08 YNEZ NORTH OF PAUBA POTHOLE 3 TEMP A.C. 06/16/08 DE PORTOLA AT JEDEDIAH SMITH POTHOLE 2 TEMP A.C. 06/16/08 MARGARITA ROAD -RANCHO VISTA TO PAUBA AC BERM 352 LN. FT. 12 06/17/08 BUTTERFIELD STAGE ROAD POTHOLE 2 TEMP A.C. 06/17/08 MARGARITA ROAD -RANCHO VISTA TO PAUBA AC BERM 766 LN. FT. 25 06/18/08 MARGARITA ROAD -RANCHO VISTA TO PAUBA AC BERM 735 LN. FT. 25 06/19/08 CITYWIDE POTHOLES 88 2 06/23/08 MONTELEGRO A.C. OVERLAYS 265 2 06/24/08 VIA LAS COLINA / TIERRA VISTA A.C. OVERLAYS 493 2.5 06/25/08 CITYWIDE POTHOLES /OVERLAYS 490. 3 06/26/08 OLD TOWN A.C. OVERLAYS 622 4 TOTAL S.F. OF REPAIRS 5,566 TOTAL TONS 110 R:NIAIMPAIN~ W KCMPLTDWSPHALT.RPR CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF JUNE, 2008 ;eA {t'4S~Y 4".l Dt1~~'~3 ..~ :.. M~: 06/02/08 S .~ u` .'''3V$'S"fi 6Y ~6 -v?j 4 'w ~. 1. s ~~~'~r0~. ~0~ x ~._~ `.~ ~ 7 '~ ,'~ fir.. , s.~ k-„ z,.fti i ~'~-wk.`.x CITYWIDE :X t gA! Y .' N ~*~ ~a5~ ... ~4.*`A~.;:~k 'µ ~r~~~ ~,v„,k~~ CLEANED & CHECKED ~ ~`~ d'sr~s? '{ ^'~i~ ~JP ~T~.D ~'-?.N'~ :,, e 24 CATCH BASINS 06/09/08 CITYWIDE CLEANED & CHECKED 23 CATCH BASINS 06/12/08 CITYWIDE CLEANED & CHECKED 22 CATCH BASINS 06/16/08 CITYWIDE CLEANED & CHECKED 15 CATCH BASINS 06/23/08 CITYWIDE CLEANED & CHECKED 17 CATCH BASINS 06/24/08 AREA 5 CLEANED & CHECKED 15 CATCH BASINS 06/25/08 JEFFERSON CLEANED & CHECKED 2 CATCH BASINS 06/30/08 CITYWIDE CLEANED & CHECKED 21 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED 139 R:\MAINTAIN\WKCMPLETDICATCHBAS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF NNE, 2008 '? ~' DATE . i b"0 ~.+. r r ~ `s -3'k~.z h-v ~^"n 7 ~ > ~~ ,r F ` ~":r~ v N"^'s u'S x lc ^! ~ 2 z ~ r '~~ ~`t ~Cz~TY®N ~ ~a r ~ ~ ~ ~ 6 3,. ~.iv .._*i. ni'A'.t~ aq ,,. oi',..az ^.. a:~~.. v~~. .~.*z + ~+, ~ ,F bn .av t c~ R. Y 4' =a r~.,~ ~x s ~a ~ 'k "~. ORK C©~1VIPI ~'`I~~D~ ~; ffi.Yn,.a / .rv&."2 v. Yrr`-+ ~rcd~ 06/02/08 VIA RIO TEMECULA /TEMECULA PARKWAY REMOVED 135 S.F. OF GRAFFITI 06/02/08 REDHAW K AREA REMOVED 47 S.F. OF GRAFFITI 06/02/08 SANTA GERTRUDIS CREEK REMOVED 115 S.F. OF GRAFFITI 06/02/08 MORAGA REMOVED 33 S.F. OF GRAFFITI 06/02/08 VAIL RANCH AREA ~ REMOVED 16 S. F. OF GRAFFITI 06/03/08 SHARON AT VINE REMOVED 95 S. F. OFGRAFFITI 06/03/08 PREECE AT YNEZ REMOVED 105 S.F. OF GRAFFITI 06/03/08 PREECE AT BUCKEYE REMOVED 55 S.F. OF GRAFFITI 06/04/08 I-15 FWY AT WINCHESTER REMOVED 210 S.F. OF GRAFFITI 06/04/08 BUTTERFIELD STAGE ROAD REMOVED 72 S. F. OF GRAFFITI 06/05/08 VIA LOBO CHANNEL REMOVED 82 S. F. OF GRAFFITI 06/06/08 WINCHESTER ROAD AT SANTA GERTRUDIS REMOVED 216 S.F. OF GRAFFITI 06/06/08 OVERLAND BRIDGE REMOVED 12 S.F. OF GRAFFITI 06/06/08 LOMA LINDA REMOVED 26 S.F. OF GRAFFITI 06/09/08 BRIDGES ALONG SANTA GERTRUDIS CREEK REMOVED 427 S.F. OF GRAFFITI 06/09/08 REDHAWK AND VAIL AREAS REMOVED 79 S.F. OF GRAFFITI 06/10/08 AREAS #2 & #5 REMOVED 188 S.F. OF GRAFFITI 06/11/08 REDHAWK PARKWAY REMOVED 26 S. F. OF GRAFFITI 06/12/08 VIA CONSUELO REMOVED 44 S.F. OF GRAFFITI 06/13/08 PARKSIDE DRIVE AT WARBLER REMOVED 36 S.F. OF GRAFFITI 06/16/08 CITYWIDE REMOVED 1,553 S.F.OFGRAFFITI 06/17/08 AREAS #1 & #5 REMOVED - 3,606 S.F. OF GRAFFITI 06/18/08 AREA #5 REMOVED 76 S. F. OF GRAFFITI 06/19/08 AREAS #3 & #4 REMOVED 263 S. F. OF GRAFFITI 06/23/08 TARGET CENTER REMOVED 200 S. F. OF GRAFFITI 06/23/08 SANTA GERTRUDIS CREEK REMOVED 352 S.F. OF GRAFFITI 06/23/08 I-15 FREEWAY REMOVED 200 -S.F. OF GRAFFITI DATE,~`; ~ ~y :p x i ~~,'~_~...._~....< s ~,.LOCATI,®., ~~r~ -`;,.~ t~s ~ ~,,~z'w~.. s t,`' + ,P.{ '~QMPI~E!I~EA ~~~~F::i 06/23/08 WINCHESTER CREEK REMOVED 100 S.F. OF GRAFFITI 06/23/08 RAINBOW CANYON REMOVED 180 S.F. OF GRAFFITI 06/23/08 33138 TERRACE DRIVE REMOVED 120 S.F. OF GRAFFITI 06/24/08 MAIN STREET BRIDGE REMOVED 5 S.F. OF GRAFFITI 06/25/08 SANTA GERTRUDIS CREEK REMOVED 32 S. F. OF GRAFFITI 06/26/08 VAIL RANCH REMOVED 8 S.F. OF GRAFFITI 06/27/08 NO. GENERAL KEARNY REMOVED 10 S.F. OF GRAFFITI 06/30/08 PECHANGA AT LOMA LINDA CHANNEL REMOVED 572 S. F. OF GRAFFITI 06/30/08 WINCHESTER AT SANTA GERTRUDIS CREEK REMOVED 527 S.F. OF GRAFFITI 06/30/08 RORIPAUGH AREA REMOVED 39 S.F. OF GRAFFITI TOTAL S. F. GRAFFITI REMOVED 9,862 TOTAL LOCATIONS 37 R:\MAINTAIN\WKCMPLTD\GRAPPITt\ O O W ~ o a w ~ ~ ~ O w w ~ z w W F-i Q~ N A ~O O l~ N M ~ V1 ~ d' v~ ~p V M a a U d ~ ~ ~ U W O Z F U O a w J W 2 7 Q J_ K Q Q m W Z a H ~l^ I .-r ~ ~ i ~ [~ N N d ~ ~ Iwo y ~ N s. A ,.; w O .~ F" ~ ~ ~+ ~, O O F ~ h rn U O~ L~ l~ M oo b O M O h ~ N ~ N b W W v~ M h N O~ H 0 aw ~ Y. ~ ~ .. u 'i. T a> _ T ~ .~+ p ~ ti ~ ti S 00000000000000000000000000 oaoooooaooooooooaooooo0000 00000000000000000000000000 ~rn nu~M t-o~ n~nM rrnn ~M ~rn n u~M.-rnn ~nM ~- Lnd' ~~d' ~M MMM MNN NN Na-a-a-~ ~ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS .ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF JUNE, 2008 ~sDATE ~ 06/06/08 ~,~ +4,i`"3~j ' r,, ~~fX' ~ t '+f'~~t yx ~, n ~ ~ z .u .#~~ .: -. s , ~`~' t ~~ LO T~O~~` ~ ~ ~~ x ~ ?~ . ?z~' ~ ~.z., ~... ~ ~ a ~.. ~ ~~ .r ~, . ~ ~ ~ BUTTERFIELD STAGE ROAD "~`>'~y'4 _ ' ` ~~ TRIMMED 3:, r ~ ~a,.~~ RK COMPLE~i'ED ~~~.,. k~ `~ ;, 3 R.O.W. TREES 06/26/08 OLD TOWN FRONT STREET AT MAIN STREET TRIMMED 4 R.O.W. TREES 06/26/08 PAUBA ROAD TRIMMED 4 R.O:W. TREES TOTAL R.O.W. TREES TRIMMED 11 R:NIAINTAIMWRKCOMPLTD\TREES CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY WEED ABATEMENT MONTH OF JUNE, 2008 4 k+~" 06/26/08 ~ fr; y EO.~ IO1VI~~z..,,..~~ ,. ~.; PAUBA ROAD AT LA PRIMAVERA ~F'~~~=~ ABATED .~9J~. Q ~~~BD~~~;'` 3,200 S. F. R.O.W. W EEDS TOTAL S. F. R.O.W. WEEDS ABATED 3.200 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF JUNE, 2008 DATE RECD ~`~ ~ r. "' ;; `: ?I,OC~ITION., ; ' -. ? f4 '{ h °' z ~, REQUEST ? DATE WORK: COMPLETED;,'; 06/02/08 SOLANA WAY / RYCREST DRIVE S.N.S. MISSING 06/02/08 06/02/08 DEL REY ROAD POTHOLES 06/02/08 06/02/08 CORTE CASTRO LIFTED SIDEWALK 06/02/08 06/02/08 MORAGA DEBRIS PICK-UP 06/02/08 06/02/08 MARGARITA ROAD AT RANCHO CALIFORNIA ROAD POTHOLE 06/02/08 06/03/08 27420 JEFFERSON AVENUE CATCH BASIN CLEANING 06/03/08 06/05/08 6T" STREET KEYS IN STORM DRAIN 06/05/08 06/05/08 JEFFERSON VENDING MACHINES DOWN 06/05/08 06/06/08 44672tORRAINE GRAFFITI 06/06/08 06/06/08 RANCHO CALIFORNIA ROAD POTHOLES 06/06/08 06/06/08 CRYSTAL RIDGE POTHOLES 06/06/08 06/06/08 MARGARITA ROAD TREE LIMB DOWN 06/06/08 06/06/08 MORAGA DEBRIS PICK-UP 06/06/08 06/09/08 SUMMITVILLE STREET WEED SPRAYING 06/09/08 06/09/08 DIAZ ROAD R-1 DOWN 06/09/08 06/10/08 39807 WELLSLEY KEYS IN STORM DRAIN 06/10/08 06/10/08 LEIFER ROAD POTHOLES 06/10/08 06/10/08 VIA SALTIO S.N.S. DOWN 06/10/08 06/10/08 69837 VAIL BROOK TREE REMOVAL 06/10/08 06/11/08 CAMINO DEL SOL DEBRIS PICK-UP 06/11/08 06/13/08 RANCHO VISTA AT CALLE RESACA POTHOLE 06/13/08 06/13/08 CALLE CANTU RED CURB 06/16/08 06/13/08 BRYCE CIRCLE RED CURB 06/16/08 06/13/08 CORTE ALAMAR AT CALLE RIO VISTA STREET NAME SIGN 06/16/08 06/13/08 MARGARITA ROAD AT AVENIDA SONOMA GLASS 06/16/08 06/13/08 TEJON COURT OIL SPILL 06/16/08 06/13/08 COUTE ALAMAR CRACKS IN STREET 06/18/08 DATE 1t~C D > J ~. ''w ~. ~~. ,~. ~,'~ "~ sT.OC~TTON D ; . . ~..~ ' a - .- v ~ ~~ ~ =. ? , RE"Q~7EST ~, ., DAT E WORg , ,,., COMPLETED" 06/17/08 MARGARITA ROAD AT AVENIDA SONOMA GLASS IN ROADWAY 06/18/08 06/18/08 MARGARITA AT PASEO BRILLANTE SHOPPING CART 06/18/08 06/19/08 39865 CANTRELL ROAD TRASH 06/19/08 06/19/08 29631 DEL REY SAND REMOVAL 06/19/08 06/19/08 ORCHARD DEBRIS REMOVAL 06/19/08 06/19/08 REDHAWK PARKWAY SIGN DOWN 06/19/08 06/20/08 31668 PIO PICO DEBRIS IN STREET 06/20/08 06/20/08 MORAGA DEBRIS REMOVAL 06/20/08 06/24/08 CHANNEL STREET STANDING WATER 06/24/08 06/24/08 31295 PESCADO DRIVE POTHOLES 06/24/08 06/24/08 31172KAHWEA BEEHIVE 06/24/08 06/24/08 TERRILL COURT DEBRIS REMOVAL 06/24/08 06/25/08 MARGARITA AT MORAGA GLASS IN STREET 06/25/08 06/25/08 MARGARITA AT STONEWOOD DEBRIS PICK-UP 06/25/08 06/25/08 MARGARITA AT MORAGA SAND ON SIDEWALK 06/25/08 06/25/08 MORAGA GLASS IN STREET 06/25/08 06/25/08 SAGE CRACKS IN A.C. 06/25/08 06/25/08 42260 WYANDOT STREET RAGGED A.C. 06/25/08 06/27/08 27360 YNEZ DOWNED SIGN 06/27/08 06/27/08 SOLANA DOWNED SIGN 06/27/08 06/27/08 NICOLAS SIGN REPAIR 06/27/08 06/27/08 29681 AVENIDA DEL SOL DEBRIS PICK-UP 06/27/08 -06/30/08 42130 CALABRIA DRIVE STANDING WATER -06/30/08 TOTAL SERVICE ORDER REQUESTS 50 R:VNAINTAIMWRKCOMPLTD4SOR5\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF JUNE, 2008 k~~ ~A~~P~ 06/03/08 ~~~~~'y :3 xK. L'~,I„"~aw- a'. "+ R~~h# :*~ v k'~ ~, n' 't~"+~c~'v hh ~' ~ ~~ ~"~O .~,'~, '@r~'ro ~~i5' '' z ~" n..C~~?~rb.. ~;#EPii..e wYI L}... 1 vM ~1 C. "Y 4~ CITYWIDE ^xy .., t ~'~!';~ ~ ~ n3r..:5va~~uh<.i r REPLACED c~~ ar g. .. ,~ =3+"~ 1 ~' A u~,.. ~ . '.' $ t~~~ ~D 3' ~' i.. T;vy"il yS4'.~ i ~~' Mai ~Z. ~~.w~ ~i , 4 -REPAIRED2 06/05/08 BUTTERFIELD STAGE ROAD INSTALLED 20 BIKE LANE SIGNS 06/06/08 BUTTERFIELD STAGE ROAD INSTALLED 12 BIKE LANE SIGNS 06/06/08 CITYWIDE REPLACED 2 -REPAIRED3 06/09/08 DIAZ AT VIA DOS PICOS REPLACED R-1-1 06/10/08 CITYWIDE REPLACED 2 06/11/08 CITYWIDE ~ - REPLACED 2 -REPAIRED2 06/12/08 CITYWIDE REPLACED 11 -REPAIRED2 06/13/08 SOLANA REPLACED 1 R4-7, 1 K MARKER 06/16/08 CALLE RIO VISTA AT CORTE ALAMAR REPAIRED 2 SNS 06/16/08 MARGARITA ROAD AT RUSTIC GLEN REPLACED 1 R4-7 06/16/08 MARGARITA ROAD -RANCHO VISTA AND PAUBA INSTALL 2 DELINEATORS 06/17/08 AREA#5 REPAIRED. 5SIGNS 06/18/08 S/B BUTTERFIELD STAGE ROAD AT PAUBA INSTALL 1 -W73A, 1 - W4-14 06/18/08 N/B BUTTERFIELD STAGE ROAD AT PAUBA INSTALL 1 -W73A, 1. - W4-14 06/18/08 CALLE GIRASOL AT WALCOTT REPLACE 1 - R2-30 06/19/08 MARGARITA ROAD -RANCHO VISTA TO PAUBA INSTALL 152 YELLOW RPM 06/23/08 CITYWIDE REPLACED 2 -REPAIRED3 06/24/08 CITYWIDE INSTALLED 4SIGNS 06/25/08 CITYWIDE REPLACED 3 -REPAIRED2 06/30/08 CITYWIDE REPLACED 2 -REPAIRED3 TOTAL SIGNS REPLACED 32 TOTAL SIGNS INSTALLED 185 TOTAL SIGNS REPAIRED 21 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS /STRIPING MONTH OF JUNE, 2008 '~ `., DATE ~ . • ,,. 06/04/08 vN".~ W v ~ Y !tY/ ~J~+rW'.1 ~~ W~N %£ 3 X~ ~ r ' 'tom ryr ~~ , ~0~~~ ON€: ~~~ ~ a~ F =~c ` , na , ...> . s r..f ..,.,.:,.,: a .a .. ww na:ed i?k f ;ra,,:w „#;Y`~:.w.., .+. s AREA #2 CY ~ ~~01 A REPAINTED h g ~ 27-"C'OMk~T:ETy~D ~ '~ 3,484 L.F. RED CURB 06/05/08 BUTTERFIELD STAGE ROAD INSTALLED 23 LEGENDS 06/09/08 OLD TOWN REPAINTED 37 LEGENDS 06/10/08 OLD TOWN REPAINTED 134 LEGENDS 06/10/08 AREA #4 REPAINTED 61 LEGENDS 06/11/08 OLD TOWN REPAINTED 98 LEGENDS 06/12/08 AREAS #4 & #2 REPAINTED 64 LEGENDS 06/12/08 CITYWIDE RETHERMED 5CROSSWALKS 06/16/08 MARGARITA ROAD -RANCHO VISTA TO PAUBA PAINT 352 L.F. OF BERM 06/17/08 MARGARITA ROAD -RANCHO VISTA TO PAUBA PAINT 1,065 L.F. OF BERM 06/18/08 MARGARITA ROAD -RANCHO VISTA TO PAUBA PAINT 735 L.F. OF BERM 06/19/08 MARGARITA ROAD -RANCHO VISTA TO PAUBA REPAINTED 3,660 L.F. OF BERM 06/19/08 AREA #2 REPAINTED 36 LEGENDS 06/23/08 AREA#2 REPAINTED 55 LEGENDS 06/25/08 AREA#2 REPAINTED SS LEGENDS TOTAL NEW & REPAINTED LEGENDS 571 NEW & REPAINTED RED CURB & STRIPING L.F. 9.296 R:U-]AINTA[N\ W RKCOMPLTDVSTRIPING CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report June 1 July 2008 Prepared By: Amer Attar Submitted by: William G. Hughes Date: July 22, 2008 PROJECTS UNDER CC)NSTRUCTION 1. Fire Station -Northeast Site {Roripaugh Ranch} This project will construct a new fire station in the north part of the City. The majority of work was completed by April of 2006. Roripaugh Developer (Ashby) schedule shows access and utilities to the site in August 2007. Because of this there was cost to re-mobilize and complete the project when the aforementioned items are complete, these costs are reflected in an approved change order total, which is the responsibility of the developer. In addition, a fire engine/truck venting system {requested/added on 2106) will be installed when the Contractor is re-mobilized; this cost is also included in the approved change order total. 2. Temecula Education Genter- Rough Grading This project will provide for the grading of the old Temecula Education Center site. All work was completed on March 28, 2007. NPDES work on the site was completed in March of 2008. Additional work is planned to restore the RCWD site permanently and to make the site easier to maintain NPDES compliance is estimated to start in July of 2008. NPDES maintenance will bean ongoing expense. 3. Rancho California Road Widening, Old Town Front Street to I-15 {Southside) This project will construct an additional eastbound lane to provide for a right turn lane to southbound I-15, as well as modify the existing median to accommodate dual left turn lanes from westbound Rancho California Road to southbound Old Town Front Street. AT&T has removed the excess encasement of their facilities to allow the construction of the missing storm drain. This allowed the City to complete the storm drain construction. Construction is complete. Project acceptance and filing the Notice of Completion will be done in the near future. 4. Murrieta Creek Multi Purpose Trail This project will build equestrian and bike trails along Murrieta Creek between Rancho California Road and Diaz Road. The project is funded in part by a $1,214,000 federal grant. Riverside County Flood Control has issued the Encroachment Permit. The Notice to Proceed was issued for March 17, 2008 and a Groundbreaking Ceremony took place on March 18, 2008. On the north side of the project, the contractor has completed grading, mainline irrigation installation and maw curb and is currently installing DG. On the south side, the contractor has completed grading and is installing irrigation mainline. Utility conflicts have been resolved. 5. Traffic Signal Installation -Rancho California Road at Business Park West lJnderthis project, a traffic signal will be installed on Rancho California Road at Business Park Drive West. All work on this project is complete. The signal was turned on on Tuesday 02/26/08. We are working with the contractor to close out this contract. 6. Old Town Infrastructure Projects -Street Improvements, Mercedes St (2nd - 6th) & the Realignment of Main St. and Construction of the Town Square This project includes the construction of the Town Square and street improvements on Mercedes & Main Streets. ~n March 18, 2008, the City Council awarded the construction contract L H Engineering Company, Inc for $3,458,495.00. Work is ongoing on storm drains, sewer, water systems and the Town Square. 7. Old Town Infrastructure Projects -Underground Utility District This project will effectively underground all overhead utility lines along ~Id Town Front Street, between 2nd and 6t" streets, all of Main Street east of Murrieta Creek and Mercedes Street between 2nd and 6~" streets. Herman Weissker was awarded the work at the 3/18/08, City Council Meeting. Work is currently underway along Main Street. 8. Gitywide Concrete Repairs FY 2007-08 This project will remove and replace various concrete improvements including sidewalk, curb and gutter, cross gutters, driveways approaches, and under sidewalk drains. Contract work was completed on 6/24108. The final invoice is being processed. The notice of completion is scheduled far City Council approval at the July 22, 2008, City Council meeting. 9. Citywide Slurry Seal Project FY 2007-2008 This project will slurry seal streets mainly in the Paloma del Sal area. Contract was awarded to All American Asphalt for $361,199.88 on 04/08/06 and the pre-construction meeting was held on 05/29/2008. Construction began on 06/30/08. Roller Hockey Rink Dasher Board System This project will replace the boards at the existing Roller Hockey Rink. YAKAR, the contractor, mobilized and began demolition on 7/7/08. The contract allows 25 working days and the project is scheduled for completion on 8/8108. The new Dasher Board system is scheduled for delivery on Wednesday, 7/16/08. 10. Pechanga Parkway Improvements -Phase II (Temecula Parkway (formerly SR 79 South to Pechanga Road) This project will widen Pechanga Parkway (formerly Pala Road} to its ultimate width from the Pechanga Parkway Bridge to Pechanga road. Construction began on July 7, 2008 and is scheduled to be completed on March 27, 2009. Construction during the first couple of weeks will include the following: utility mark out, surveying, demolition, grading, and storm drain work. The final section of the Pechanga Tribe's Recycled Waterline project between Loma Linda Road and Rainbow Canyon Road is tentatively scheduled to start on July 14. PROJECTS BEING ADVERTISED FOR BIDS None PROJECTS IN DESIGN 1. Pechanga Parkway Storm Drain Improvements -Environmental Mitigation This project includes construction of new wetlands as part of the Wolf Valley Creek Channel -Stage I. The mitigation site is located along the north bank of Temecula Creek {within the flaodplain and floodway area). The environmental regulatory agencies have approved this new mitigation area. RCFCD had na significant comments re the installation work. Mylars are currently under review. The bid document and technical specs will be finalized by the end of the month. The appraisal fora easements is now complete; offers far purchase of the property were made. 2. Murrieta Creek Bridge -Overland Drive Extension to Diaz Road This project includes studying alignments, design and construction of an extension of overland Drive, westerly to Diaz Road, including a new bridge over Murrieta Creek. Caordination with RGFC & WCD and the U. S. Army Corp of Engineers is required. The extra work authorization to complete the 190% design submittal has been signed. The amendment to contract will be sent to the Consultant this week for signature. 3. Main Street Bridge Over Murrieta Creek {Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. Design consultant Simon Wong Engineering {SWE) and the City are continuing to pursue environmental permitting and coordination issues associated with pursuing the bridge replacement as a project separate from the Army Corps of Engineer's Murrieta Creek improvement project. Environmental consultant EDAW has completed biological field studies, and an NES report is being prepared. Geocon has completed an Environmental Site Assessment and it was submitted to Caltrans for review. 90% design plan submittal is expected in July. 4. Western Bypass Corridor -Alignment Study This project will complete an alignment study for the northern portion of the Western Bypass Corridor (from Cherry Streetto just south of Rancho California Raad. The City has received the Final Report and the final Plans from the consultant (URS). The proposed alignmentwas approved bythe Planning Commission on 08/04/08. The proposed alignment will be presented to the City Council far adoption at the 06/24/08 City Council Meeting. 5. PedestrianlBicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approx. 150' ped/bike bridge over Santa Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a NEPA document. Preliminary Environmental Study {PES) farm is to be submitted to Caltrans within the next month. Caordination between the City and Rancho California Water District to acquire a portion of an RCWD-owned parcel needed to construct the bridge continues Staff review comments on 30% plans were returned to the design consultant on 8/19/08; 80% submittal is anticipated by the end of July. 6. Ronald Reagan Sports Park Channel Silt Removal & Desiltation Pond This project includes restoring the Best Management Practices {BMP) of the Stormwater Pollution Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and the requirement of RWQCB by desilting the channel & pond located near the Sports Park. City's environmental consultant, BanTerra, continues to wark on the environmental clearance process; regulatory permit applications were submitted on 12/13/07. Civil design was initiated utilizing the Annual Agreement consultant. Staff is reviewing 94% submittal. Possible mitigation requirements by regulatory agencies have prompted adawn-sized canstruction scope of work. A monitoring mitigation strategy is being reviewed by the regulatory agencies. 441 Certification has been received and the Streambed Alteration Agreement is expected shortly. 7. Western Bypass Bridge Over Murrieta Creek This project involves the design and canstruction of a new bridge over Murrieta Creek at the westerly terminus of SR-79S and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. Staff has received an amended proposal for the design. The proposal received City Council Approval on June 24, 2448. 8. Temecula Community Center Expansion This project will add approximately 4444 square feet of space to the existing Temecula Community Center to accommodate more human services programs. Comments have been received from the EDA and the project has been cleared to go to bid. The plans and specifications will be prepared for bid advertisement and due to federal funding, we will need to advertise this project three times. The project will be bid forthirty days. The project cost estimate is $1,544,44. Concurrently, the plans are being developed far the Escallier House and Barn Renovation. 9. Redhawk Park Improvements, Four Sites This project will add amenities to four park sites in the recently annexed Redhawk area. Due to budgetary restraints, the canstruction was divided into phases over a number of years. At the December 11, 2447 meeting, the City Council approved an agreement with RJM forthe construction drawings of the chosen amenities, which include a half court basketball court, ADA accessible parking, and dog park at Redhawk Community Park; a seatwall and shade structure at Sunset Park. A kick off meeting with the design consultant was held an 42/45/48. The preparation of the construction drawings continues. 10.OId Town Infrastructure Projects -Site Demolition and Site Preparation This project involves demolishing the existing non-historic structures on the City owned parcels at the intersection Main and Mercedes to make way for the Main Street Realignment and the Old Town Parking Structure. The remaining item underthis contract, the relocation of the Escallier House and Barn was accomplished on 46145148. The Notice of Completion for this wark is scheduled far July 22, 2448 City Council meeting. 11.OId Town Infrastructure Projects -Parking Structure & OfficelRetail frontage This project will construct a parking structure, including office and retail frontage as part of phase 1 of Old Town Civic Center project. Plans are approved; Specs are being finalized. Two Encroachment Permit applications {far retaining wall & SD) are under review with Caltrans. The lJndergraund Fire Protection plan is 99% approved. The project is anticipated to be outtobid in July with award of contract on August 26, 2448. 12. Old Town Civic Center Phase 2 Under this projectthe design and construction documents for phase two of the Civic Center Project will be developed. Design consultant NMR submitted second plancheck set. 19 General contractors were approved for pre-qualification at the July 8, 2448, City Council meeting. 13. Temecula Parkway (formerly 79 South} Park & Ride This project will design and construct a park and ride facility on Temecula Parkway {formerly 79 South) at La Paz. The project is still an hold pending TCSD and Planning review. The landscape planting will not comply with the new City Ordinance and will need to be re designed. 14. De Portola Road Pavement Rehabilitation Project (from Jedediah Smith to Margarita) This project includes rehabilitating De Portola Road from Jedediah Smith Road to Margarita Road. This is a federally funded project. The Environmental Document (Categorical Exclusion) was approved by Caltrans on August 8, 2447. Design consultant submitted 94% plans an 5128/48;144% design submittal is expected this month. Request far Federal construction authorization was submitted on 6/24/2448. 15.79 South to Pechanga Parkway -Dual Right Turn Lanes This project includes the design and construction of two right turn lanes on eastbound Temecula Parkway (formerly State Route 79 South) to southbound Pechanga Parkway. The design includes the widening of Temecula Parkway and relocation of traffic signal poles. 144% design plans are complete. The City is in the process of purchasing the required right of way. Once the needed right of way is acquired, construction will be scheduled. 16. Santiago Detention Basin This project includes the design and construction of a detention basin. The proposed basin {1 acre in size) is located on the south side of Santiago Rd between Vallejo Ave and Orsmby Rd. 144°to design plans have been reviewed and minor comments will be provided to the consultant far incorporation into the plans. 17. Pavement Rehabilitation - STPL Project This project will rehab Rancho California Road from Ynez Rd. to the City limits on the east. Consultant is working on the 144% design package. The City received the signed PES farm and the Categorical Exclusion (CE) from Caltrans. The request for Federal construction authorization was submitted on June 24, 2448. The project will go to construction in late August. 18. Winchester Roadl79-North Corridor Beautification This federally funded project will design and construct landscaping and irrigation enhancements to the existing raised medians along Winchester Road between Ynez Road and the easterly City limit. The consultant is working on the 144°lo design package The City received the signed PES form and the Categorical Exclusion (CE) from Caltrans. The City has received approval from RCW D for the installation of the recycled waterline. 19. French Valley Parkway Phase 1 -Southbound Off-Ramp to Jefferson, Auxiliary Lane, and Widening the Bridge over Santa Gertrudis Creek at the Winchester Southbound Off-ramp A southbound off-Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis Creek at the Winchester southbound off-ramp are the components of Phase 1. The City and Caltrans have agreed that immediate action is required to relieve congestion atthe Winchester Road southbound off-ramp. Status is as follows: - PS&E -Consultant is preparing 95°lo plans {retaining walls and landscape/irrigation). - Type Selection for Retaining Walls -Approved November 2007. - Right of Way -Establishing limits of dedication. Discussions are continuing with owners of affected parcels within Phase 1 work. - Construction Cooperative Agreement -Caltrans comments received on 2nd fact sheet submittal; City is preparing additional information requested. - Maintenance Agreement -City preparing exhibit for the first draft. - Declaration of Units -Caltrans Approved Metric Exception for this phase. - lJtilities -Updated pothole plans have been reviewed by Caltrans. Encroachment permits are being sought. - Conceptual Landscape/Aesthetics -Concept was selected, with Murrieta, Caltrans, and IBC concurrence. Selection was incorporated into Draft Structures PS&E submittal. 20.OId Town Gymnasium This project will construct a gymnasium in old town, adjacent to the Boys and Girls Club. The Boys and Girls Club site is too small forthe proposed Gymnasium. This project is on-hold until we can acquire the property required for construction. 21. Re-Stripe Route 79 South to 8 lanes from I-15 to Pechanga Parkway This project will provide four lanes in each direction an Temecula Parkway {formerly State Route 79 South) from I-15 to Pechanga Parkway. City is reviewing 95% design plans. Construction will be coordinated with the following project: Pechanga Parkway Dual Right Turn Lanes from Temecula Parkway, Project No. PW06-11. 22. Pavement Management System Update 2008-2013 This project will update the City's Pavement Management System for the years 2008-2013. This project will update the City's Pavement Management System for the years 2008-2013. The Council approved an agreement with Wildan on March 18th. The Notice to Proceed was issued to the consultant in May. The City forwarded all requested information to Willdan to initiate the project. 23. Localized Storm Drain Improvements This project will fix the drainage problem at the south end of Front Street {at the MW D easement). Baseline right of way, utilities, and mapping are established. This project is currently on hold. 24. Long Canyon Detention Basin -Access Road This project will construct an access road to the Long Canyon Detention Basin. Plans and specifications are 90% complete. City is seeking FEMA funds to remove excess silt deposited within the basin before constructing the access road. Project is on hold until FEMA determination is finalized. PRt~JECTS IN THE PLANNING STAGE 11. I-15! SR 79 South Interchange -Project Report {PR) This project will modify the I-15/ SR 79 South Interchange to accommodate projected future traffic. This is the next step of project development after the completion of the Project Study Report. City continued development of design geometries and environmental technical studies. Status is as follows: - Draft Project Report -Approved January 2008. - Project Report -City is preparing final report per Caltrans review comments. - Advisory Design Exceptions -Approved 10/18/06. - Mandatory Design Exceptions -Approved 10/20/06. - Stormwater Data Report -City is preparing final report per Caltrans review comments. - Traffic Study -Approved 09/11/06. - Modified Access Report - FHWA Determination of Acceptability was approved in July 2007. Final approval pending approval of the Final Environmental Document. - Geometric Approval Drawings -Preparing 2nd submittal for Caltrans review. - Initial Study Assessment -Approved September 2005. - Acoustic Evaluation -Approved December 2005. - Air Quality Assessment -Approved PM10 Nov 2005 and PM2.5 Jul 2006. - Nat Environmental Study -Approved May 2006. - Cultural Studies -Approved November 2006. - Draft Environmental Document -Approved Dec 2007 and publicly circulated 2/20/08 - 3/21 /08. - Final Environmental Document -Preparing final document. - FHWA Air Conformity -Approved June 2008. - Erosion Control Plan -Under Caltrans review. - Life Cycle Cost Analysis -Under Caltrans review. 12. French Valley Parkway Overcrossing and Interchange, Project Report (PR), Plans Specifications, and Estimate (PS&E) Preparation This project will construct an interchange between W inchester Road Interchange and the I-15/I-215 split. The project is moving through the Caltrans process. Current status is as follows: - Draft Project Report -Approved June 2006. - Project Report -Final preparation pending approval of Environmental Document. - Draft Environmental Document -Under Caltrans review. - New Connection Report -Approved by FHWA-HQ on June 26, 2008, pending letter of acceptability from FHWA-Regional. - Traffic Operations Analysis -Approved 02/05/08. - Exception to 20-yr Traffic Design -Approved 12/17107. - Stormwater Data Report -Under Caltrans review. - Mandatory Design Exceptions -Approved 07/18/06. - Advisory Design Exceptions -Approved 07/18/06. - Exception to Ramp Metering Policy -Approved 07105/06. - Geometric Approval Drawings -Approved 07/18/06. - Revised Geometric Approval Drawings -Approved 01111/08. - Storm Drain Study -Approved 03121/08. - Declaration of Units -Request for Metric Exception denied by Caltrans. Freeway Agreements -Revised exhibits under Caltrans review. - Risk Management Plan -Updating as necessary. - Project Charter - 1 st draft is under Caltrans review. - Maintenance Agmt -Preparing 1st submittal for Caltrans review. - Financial Plan -Preparing 2nd submittal for Caltrans review. 13. Temecula Creek Crossing -Access to Highway 79 South (Temecula Parkway) Bridge Alignment Study - Avenida de Missions over Temecula Creek The project consists of performing an alignment study to set a specific horizontal and vertical alignment for an extension of Avenida de Missions southerly to gain vehicular access to Loma Linda Rd., including a bridge crossing over Temecula Creek. The City Council approved the Professional Engineering Services Agreement with Nolte Associates, Inc. for a Bridge Alignment Study at the 06/10/08 meeting. The kick-off meeting was held 06/24/08. a CITY OF TEMECULA PAGE 1 OF 9 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET a7~iai2aag PROJECT PROJECT NAME, DESCRIPTION, PROJECT ~c TIllIE alc ' NO. PRIORITY CONTRACTOR c~ CONTR.~CT $'s ENGINEER COMPLETE C >ONTR.~CT CURRENT STATUS Sr PROGRESS ~sr, omPraaaar~) ::PAID ($) PROJECTS UNDER CONSTRUCTION Raripaugh Ranch Fire Station The majority of work was completed by Aprit of 2006. The remaining work will be completed Tovey Shultz Construction, Inc. $3,298,000 when the utilities are completed with the City's undertaking of this work -estimated in June PW03-01 I Approved Change Orders $212,768.24 David 97% 93% of 2009. In addition, a fire engineRruckventing system (requested/added an 2/06} will be McBride (6/09) installed when the Contractor is re-mobilized, this cast is also included in the approved change order total. Temecula Education Center Rough Grading This project will provide for the grading of the old Temecula Education Center site. All work Contractor: Yeager 5kanska, Inc. $3,155,810 100% was completed on March 28, 2007. NPDES work on the site was completed in March of and Approved/ Pending Change Orders of D id original work ° 100 / i i l 2008. Additional work is planned to restore the RCWD site permanently and to make the PW06-03 I $2,590,802.30 av 100% CCQ#1 ° or g na site easier to maintain NPDES compliance is estimated to start in July of 2008. NPDES McBride work Next 100%CCQ#1 maintenance will be an ongoing expense. Phase (9/08) Rancho California Raad Widening ,Old Tawn This project will construct an additional eastbound lane to provide for a right turn lane to Front Street to I-15 (Southside} southbound I-15, as well as modify the existing median to accommodate dual left turn lanes PW02-19 I Contractor: Sean Malek Engineering & David 100% 94% from westbcund Rancho California Raad to southbound Old Town Front Street. A Notice of Construction $1,732,447 and approved change McBride (02108) completion was approved at the June 24, 2008, City Council meeting. orders totaling $71,778.36. Murrieta Creek Multi Purpose Trail This project will build equestrian, pedestrian and bike trails along Murrieta Creek Contractor: IAC Engineering, Inc. 1,308,148.48 between Rancho California Road and Diaz Road. Riverside Gounty Flood Control has issued the Encroachment Permit. The Notice to Proceed was issued for March 17, Laura 5p% 2008 and a Groundbreaking Ceremony took place on March 18, 2008. On the north PW01-27 I Braggl ( 09108} 40% side of the project, the contractor has completed grading, mainline irrigation Amer Attar installation and mow curb and is currently installing DG. On the south side, the contractor has completed grading and is installing irrigation mainline. Utility conflicts have been resolved. Traffic Signal -Rancho California Road @ Under this project, a traffic signal will be installed on Rancho California Road at Business PW07-42 I Business Park Drive, West Amer Attar 100% 85% Park West. All work on this project is complete. The signal was turned an on Tuesday Contractor: Ramilan Electric, $179,000 (02108 } 02/26/08. We are working with the contractor to close out this contract. Old Tawn Infrastructure Project -Town Square This project includes the construction of the Tawn Square and street improvements on and Mercedes & Main Street Improvements Mercedes & Main Streets. On March 1 B, 2008, the City Council awarded the construction PW06-07 I Contractor: LH Engineering David 33% 4% contract L H Engineering Company, Inc for $3,458,495.00. Work is ongoing an storm (1 C & 1 E) Contract Amt: $3,458,495.00 McBride (12108) drains, sewer, water systems and the Town Square. Old Tawn Infrastructure Projects This project will effectively underground all overhead utility lines along Old Town Front - Underground Utility District Street, between 2nd and 6th streets, all of Main Street east of Murrieta Creek & Mercedes PW06-07 I Contractor: Herman Weissker, Inc. David 33°I° p% Street between 2nd and 6th streets. Herman Weissker was awarded the work at the (1 B) Contract Amt: $129,077.99 McBride (8108) 3/18/08, City Council Meeting. Work is currently underway along Main Street. Citywide Concrete Repairs FY 2007-08 Contract work was completed on 6/24/08. The f final invoice is being processed. The notice Contractor: International Pavement Solutions, Kendra of completion is scheduled for City Council approval at the July 22, 2008, City Council PWOB-01 I Inc. Hannah- 100°/° (06108) 75°I° meeting. Contract Amount: $82,969.00 Meistrell Approved Change Order #1: $20,733.00 wPSO71 oos CITY OF TEMECULA PAGE 2 OF 9 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET a7~iai2aag PROJECT PROJECT NAME, DESCRIPTION, PROJECT ~c TIllIE alc ' NO. PRIORITY CONTR.~CTOR & CONTR.~CT $'s ENGINEER COMPLETE C >ONTRACT CURRENT STATUS Sr PROGRESS ~sr, omPraaaar~) ::PAID ($) Citywide Slurry Seal Project FY 2007-2008 Kendra This project will slurry seal streets mainly u~ the Paloma del 50l area. Contract was PWOB-02 I Contractor: All American Asphalt Hannah- 25% 0% awarded to All American Asphalt for $361,199.88 on 04/08/06 and the pre-construction Contract Amount: $361,199.88 Meistrell { 08108) meeting was held on 05/29/2008. Construction began an 06/30/08. Roller Hockey Rink This project will replace the boards at the existing Roller Hockey Rink. YAKAR, the Dasher Board System gill 10% contractor, mobilized and began demolition on 7/7/08. The contract allows 25 working days PW07-12 YAKAR Construction McAteer B/08 NIA and the project is scheduled far completion an 8/8/08. The new Dasher Board system is Contract Amount $178,350.00 scheduled for delivery on Wednesday, 7/16/08. Pechanga Parkway Phase II Street This project will widen Pechanga Parkway to its ultimate width from Temecula Parkway to Improvements from Temecula Parkway to City Pechanga Road. Construction began an July 7, 2008 and is scheduled to be completed an Limits @Pechanga Road. Steve March 27, 2009. Construction during the first couple of weeks will include the following: PW99-11 I Contractor: All American Asphalt Beswick/ 0% 0% utility mark out, surveying, demolition, grading, and storm drain work. The final section of (Ph I[} Contract Amount: $8,131,964.98 Amer Attar the Pechanga Tribe's Recycled Waterline project between Lama Linda Road and Rainbow Canyon Road is tentatively scheduled to start on July 14. PROJECTS BEING DESIGNED BY CONSULTANTS Pechanga Parkway Storm drain Improvements - This project includes the construction of new wetlands as part of the Wolf Valley Creek Environmental Mitigation Channel - Stage I to include new landscaping and irrigation systems. The site is located Consultants: Community Works Design Steve along the north bank of Temecula Creek (within floodplain/way areas}. The environmental PW 99-11EM I $29,640 Beswi ckl 95% o 95 /° regulatory agencies have approved this new mitigation area. Mylars are currently ready for Mayra De La signature. The bid document and technical specs will befinalized by the end of the month. Torre The appraisal for three easements is now complete; offers for purchase of the property were made. Murrieta Creek Bridge and Overland Drive The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Extension from Commerce Center to Diaz Rd Steve Road with a bridge over Murrieta Creek. Coordination with RCFC& WCD and U.S. Army Consultant: Project Design Consultants Beswick/ 7p°~ Corps of Engineers is required. The extra work authorization to complete the 100% design PW00-26 I Contract: $466,940 Mayra de La 60% submittal has been signed. The amendment to contract will be sent to the Consultant this Torre week for signature. Main Street Bridge Over Murrieta Creek This project will replace the existing Main Street Bridge over Murrieta Creek. Design (Replacement} consultant Simon Wong Engineering (SWE) and the City are continuing to pursue Consultant: Simon Wong Engineering environmental permitting and coordination issues associated with pursuing the bridge Contract amount: $317,719 Jan Salazar/ y0% replacement as a project separate from the Army Corps of Engineer's Murrieta Creek PW03-05 I Amendment No. 1: Contract term extension Amer Attar (1/09) 63%(Phase 3) im rovement roect. Environmental consultant EDAW has com leted biolo ical field P P 1 P g Amendment Na 2: Contract term extension studies, and an NES report is being prepared. Geocon has completed an Environmental Amendment Na. 3: $322,305 Site Assessment and it was submitted to Caltransfor review. 90%design plan submittal is expected in July. Western Bypass Corridor -Alignment Study This project will complete an alignment study far the northern portion of the Western Consultant: URS Corporation Bypass Corridor (from Cherry Street to just south of Rancho California Road). The City has Contract Amount: $265,180 received the Final Report and the final Plans from the consultant (URS). The proposed PW05-10 III Amer Attar !00% 100% alignment was approved by the Planning Commission on 06/04/08. The proposed alignment was adopted by the City Council at the 06/24/08 City Council Meeting. W PS071008 CITY OF TEMECULA PAGE 3 OF 9 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET a7~iai2aag PROJECT PROJECT NAME, DESCRIPTION? PROJECT ~c TIllIE alc ' NO. PRIORITY CONTRACTOR & CONTR.~CT $'s ENGINEE)2 COMPLETE C >ONTR.~CT CURRENT STATUS Sr PROGRESS ~sr, omPraaaar~) ::PAID ($) Pedestrian/Bicycle Bridge Over Santa Gertrudis This project includes the constructlon of an approx. 150' ped~`bike bridge over Santa Creek Gertrudls Creek near Chaparral H.S. This is a federally funded project, which will involve a Consultant: Nolte Associates NEPA document. Preliminary Environmental Study (PES}form is to be submitted to Contract Amount: $132,807 Jon Salazar/ 45% Caltrans within the next month. Coordination between the City and Rancho California PW05-11 ~ Amer Attar (14/09) 25% Water District to acquire a portion of an RCWD-awned parcel needed to construct the bridge continues. Staff review comments on 30% plans were returned to the design consultant on 6/19/08; 60% submiktal is anticipated by the end of July. Ronald Reagan Sports Park Channel Silt This project includes restoring the Best Management Practices (BMP} of the Stormwater Removal & Desiltation Pond Pollution Prevention Plan (SWPPP}, the Water Quality Management Plan (WQMP} and the Env. Consultant: BanTerra Consulting requirement of RWQCB by desiltingthe basin located near the Sports Park. City's -Contract: $67,340 environmental consultant, BonTerra, continues to work on the environmental clearance -Amendment No.i : $25,520 William 95% process; regulatory permit applications were submitted on 12/13/07. Civil design was PW05-13 I Design Consultant: Cozad&Fax Becerra (09108 } 94°~ initiated utilizing the Annual Agreement consultant. Staff is reviewing 90%submittal. -Contract Amt.$24,220 Mitigation requirements by regulatory agencies have prompted adawn-sized construction scope of work. A monitoring mitigation strategy is being reviewed by the regulatory agencies. 401 Certification has been received and the Streambed Alteration Agreement is expected shortly. Western Bypass Bridge Over Murrieta Creek This project involves the design, environmental clearance, and construction of a new bridge Consultant: TYLIN International aver Murrieta Creek at the westerly terminus of Temecula Parkway (79S} and an extension Contract Amt: $378,776.20 William 30% of Pujol Street to the new structure. Once constructed, this will serve as the southerly PW06-04 I Becerra (TBl}) 23% connection of the Western Bypass Corridor. Staff has received an amended proposal for the design. The proposal received City Council Approval an June 24, 2008. Temecula Community Center Expansion This project will add approximately 4000 square feet of space to the existing Temecula Consultant :Meyer and Associates Community Center to accommodate more human services programs. Comments have been Original contract: $138,880.00 received from the EDA and the project has been cleared to go to bid. The plans and PW06- III Amendment#1: $70,052.50 Bill McAteer 99% g0% specifications will be prepared far bid advertisement and due to federal funding, we will 45CSD (07108) need to advertise this project three times. The project will be bid for thirty days. The project cost estimate is $1,500,00. Concurrently, the plans are being developed far the Escallier House and Barn Renovation. Redhawk Park Improvements This project will add amenities to four park sites in the recently annexed Redhawk area. Consultant: RJM Design Group, Inc. Due to budgetary restraints, the construction was divided into phases over a number of Contract Amount: $164,574 years. At the December 11, 2007 meeting, the City Council approved an agreement with Kendra 0% RJM for the construction drawings of the chosen amenities, which include a half court PW06-06 I Hannah- ( ) 0% basketball court, ADA accessible parking, and dog park at Redhawk Community Park; a Meistrell seatwall and shade structure at Sunset Park. A kick off meeting with the design consultant was held on 02/05108. The preparation of the construction drawings continues. Old Town Infrastructure Projects This project involves demolishing the existing non-historic structures on the City owned -Site Demolition and Site Prep gill parcels at the intersection Main and Mercedes to make way for the Main Street PW06-47 Contractor: Addison Equipment Rental McAteer) 100% Realignment and the Old Town Parking Structure. The remaining item under this contract, (iA) I Contract Amount: $49,995 David (06/08) ° 95 /° the relocation of the Escallier House and Barn was accomplished on 06/05/08 . The Notice Approved Change Orders: $6,979.83 McBride of Completion for this work is scheduled for July 22, 2008 City Council meeting. W PS071008 CITY OF TEMECULA PAGE 4 OF 9 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET a7~iai2aag PROJECT PROJECT NAME, DESCRIPTION, PROJECT ~c TIllIE alc ' NO. PRIORITY CONTR.~CTOR & CONTRACT $'s ENGINEER COMPLETE C >ONTR.~CT CURRENT STATUS Sr PROGRESS ~sr, omPraaaar~) ::PAID ($) Old Town Infrastructure Projects This projeck includes the construction of a parking struckure, including office frontage as - Parking Structure & Office/Retail frontage Mayra De La ° part of phase 1 of Old Tawn Civic Center project. Plans are approved; Specs are being PW06-07 I Torre/ Greg 99 /° o 75 /° finalized. Two Encroachment Permit applications (for retaining wall & SD) are under review (1D} Butler (7/08) with Caltrans. The Underground Fire Protection plan is 99% approved. The project is anticipated to be out to bid in July with award of contract on August 26, 2008. Old Tawn Civic Center Phase 2 Under this project the design and construction documents for phase two of the Civic Center PW06-07 I Schematic design, design Development and Greg Butler 95% ° 55 /° Project will be developed. design consultant NMR submitted second plancheck set. 19 Ph2 Construction Document for base two of the p (9/08) General contractors were approved for pre-qualification at the July 8, 2008, City Council Civic Center Project meeting. Temecula Park and Ride (79 South} This project will design and construct a park and ride facility on Temecula Parkway design Development AAE, Inc. (formerly 79 South) at La Paz. The project is still on hold pending TCSD and Planning PW06-49 1 Contract amount $109,085 Bill McAteer 75% 75% review. The landscape planting will not comply with the new City Ordinance and will need to Amendment #1 $20,500 be redesigned. De Portala Road Pavement Rehabilitation Project This project involves rehabilitating De Portola Rd pavement from Jedediah Smith to (from Jedediah Smith to Margarita} Jan Salazar/ Margarita Rd. This is a federally funded project. The Environmental Document (Categorical PW06-10 I Consultant: GFB-Friedrich & Assoc, Inc. David ° 95 /° 67% Exclusion) was approved by Caltrans on August B, 2007. design consultant submitted 90% Contract Amount: $146,100 McBride (8/08) plans an 5/28/08; 100% design submittal is effected this month. Request for Federal Approved EWAs: #1, $11,500.00 construction authorization was submitted on 6/24/2008. Pechanga Pkwy-Dual Right Turn Lanes from This project includes the design and construction of two right-turn lanes on eastbound Temecula Parkway (R79S) Steve Temecula Parkway to southbound Pechanga Parkway. The project includes the widening of Consultant: Cozad & Fox Beswickl Temecula Parkway at Pechanga Parkway & relocation of traff is signal poles. 100% design PW06-11 I Contract: $29,010 Mayra De La 95% 95% plans are complete. The City is in the process of purchasing the required right of way. Once Torre the needed right of way is acquired, construction will be scheduled. Santiago Detention Basin Steve This project includes the design and construction of a detention basin. The proposed basin Consultant: Kimley Harn Beswick/Ma 50% (1 acre in size) is located on the south side of Santiago Rd between Vallejo Ave and PW06-12 I Contract: $65,250 yra De La (8/08) 40% Orsmby Rd. 100%design plans have been reviewed and minor comments will be provided Torre to the consultant far incorporation into the plans. Pavement Rehab - STPL Project This project will rehabilitate Rancho California Road from Ynez Rd. to the City limits an the Consultant: Harris & Associates Kavon east. Consultant is working on the 100% design package. The City received the signed PW06-14 I Agreement Amount: $ Haghighi/ 99% 99°/, PES form and the Categorical Exclusion (CE) from Caltrans. The request for Federal Approved EWA's: $ David construction authorization was submitted on June 24, 2008. The project will ga to McBride construction in late August. Winchester Road /State Route 79 North -North This federally funded project will design and construct landscaping and irrigation Corridor Beautification Consultant: Kavon enhancements to the existing raised medians along Winchester Road between Ynez Road RBF Haghighi) ° ° and the easterly City limits. The consultant is working an the 100% design package. The PWOfi-15 I Agreement Amount: $ David 99 f° 99 I° City received the signed PES form and the Categorical Exclusion (CE) from Caltrans. The Approved EWA's: $ McBride City has received approval from RCWD for the installation of the recycled waterline. W PS071008 CITY OF TEMECULA PAGE 5 OF 9 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET a7~iai2aag PROJECT PROJECT NAME, DESCRIPTION, PROJECT ~c TIllIE alc ' NO. PRIORITY CONTRACTOR & CONTR.~CT $'s ENGINEER COMPLETE C >ONTRACT CURRENT STATUS Sr PROGRESS ~sr, omPraaaar~) ::PAID ($) French Valley Parkway,` Interstate 15 Over- City continued design work. Status is as follows: Crossing and Interchange Improvements -Phase > PS&E -Consultant is preparing 95%plans (retaining walls and landscape/irrigation}. 1 (PS&E) > Type Selection for Retaining Walls -Approved November 2007. Consultant: Moffatt & Nichol > Right of Way -Establishing limits of dedication. Discussions are continuing with owners Amend. No. 1: $ 507,881.00 of affected parcels within Phase 1 work. Amend. No. 4: $ 632,058.00 William > declaration of Units-Caltrans Approved Metric Exception for this phase. Amend. No. 8: $1,087,300.00 Becerral 60°f° > Utilities -Updated pothole plans have been reviewed by Caltrans. Encroachment permits PW07-Q4 I Notes: Avlin (05110 } 54°/° are being sought. > Amend. Nos. 1, 4, & B amend original Odviarl > Conceptual Landscape/Aesthetics -Concept was selected, with Murrieta, Caltrans, and agreement under PW02-11. Amer Attar IBC concurrence. Selection was incorporated into Draft Structures PS&E submittal. > Amendment amounts represent portion appropriated far PW07-04. Other: > Maintenance Agreement -City preparing exhibit for first draft. Old Town Gymnasium gill Design of the approximately 9,004 square foot gymnasium adjacent the Bays & PW47- Consultant: WLC Architects McAteer/ 0°/, Girls Club an Pujol Street. This project is on-hold until we can acquire the property 05CSD II Contract Amount: $307,390.00 David (09108) NIA required far constructicn. McBride Re-Stripe Route 79 South to 8 lanes from This project will provide four lanes in each direction an Temecula Parkway (formerly State Pechanga Parkway to I-15 Kendra Route 79 South} from I-15 to Pechanga Parkway. City is reviewing 95% design plans. PW07-OB I Consultant: J M Diaz, Inc. Hannah- 95°I° 90°/° Construction will be coordinated with the following project: Pechanga Parkway Dual Right Contract Amount: $5,500.00 Meistrell Turn Lanes from Temecula Parkway, Project No. PW06-11. Pavement Management System Update Kavon This project will update the City's Pavement Management System for the years 2008-2013. Consultant: Willdan Haghighil 50/° ° The Council approved an agreement with Wildan on March 1 Bkh. The Notice to Proceed PW07-11 I Agreement Amount: $ David (10/08) 0 /° was issued to the consultant in May. The City forwarded all requested information to McBride Willdan to initiate the project. PROJECTS BEING DESIGNED BY STAFF Localized Storm drain Improvements This project will fix the drainage problem at the south end of Front Street (at the MW D PW04-02 II ° wa N!A easement). Baseline right of way, utilities, and mapping are established. This project is ) ( currently on hold. Long Canyon detention Basin -Access Road ° Plans and specifications are 90% complete. City is seeking FEMA funds to remove excess PW04-07 I ??????? 0 r° NIA silt deposited wikhin the basin before constructing the access road. Project is on hold ( } until FEMA determination is finalized. PROJECTS IN THE PLANNING STAGE W PS071008 CITY OF TEMECULA PAGE 6 OF 9 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET a7iiai2aag PROJECT NO. PRIORITY PROJECT NAME, DESCRIPTION, CONTRACTOR & CONTR.~CT $'s PROJECT ENGINEER ~c TIllIE COMPLETE ~sr, omPraaaar~) alc C'>ONTR.~CT ::PAID ($) CURRENT STATUS Sr PROGRESS I-15 / SR 79S Ultimate Interchange City continued development of design geometries, technical studies, and reports. Status is Project Report (PR} as follows: Consultant: RBF Consulting ~ draft Project Report -Approved January 2008. Contract Amount: $ 325,944.00 > Project Report -City is preparingfinal report per Caltrans review comments. Amendment Na. 1: 98,196.00 > Advisory Design Exceptions -Approved Oct 2006. Extra Work Auth. No. 1: 13,426.00 ~ Mandatary design Exceptions -Approved Oct 2006. Extra WarkAuth. No. 2: 17,732.00 > Stormwater Data Report -City is preparing final report per Caltrans review comments. (Extra Work Auth. Na. 3: 18,428.00) > Traffic Study -Approved Sept 2006. (Extra Work Auth. No. 4: 5,032.00} Avlin ~ Modified Access Report -FHWA Determination of Acceptability, approved July 2007. PW04-OS I (Extra WorkAuth. Na. 5: 21,240.00) Odviar/ g0°/° ggo/° Final approval pending approval of the Final Environmental Document. Nate: EWA No. 3, 4, and 5 will be paid with Amer Attar { 07!08 } > Geometric Approval Drawings -Preparing 2nd submittal far Caltrans review. unused portion of Amend No. 1. ~ Initial Study Assessment -Approved Sep 2005. > Acoustic Evaluation -Approved Dec 2005. > Air Quality Assessment -Approved PM10 Nav 2005 and PM2.5 Jul 2006. ~ Nat Environmental Study -Approved May 2006. > Cultural Studies -Approved Nov 2006. > Draft Environmental Document -Approved Dec 2007 and publicly circulated 2/20/08 - 3/21/08. > Final Environmental Document -Preparing final document. French Valley Parkway /Interstate 15 Over- City continued development of the Project Report and Environmental Document. Status is Crossing and Interchange Improvements as follows: (PA & ED} ~ draft Project Report -Approved June 2006. Consultant: Moffatt & Nichol > Project Report -Final preparation pending approval of Environmental Dac. Agreement Amount: $1,091,693.00 > Draft Environmental Document -Under Caltrans review. Amend. No. 1: 202,652.40` ~ New Connection Report (NCR} -Approved by FHWA-HQ on June 26, 2008, pending Amend. No. 2: 21,630.00 letter of acceptability from FHWA-Regional. CCO No. 1: 25,000.00 > Traffic Operations Analysis -Approved 02/05108. CCO No. 2: 6,000.00 ~ Exception to 20-yr Traffic design -Approved 12/17/07. CCO No. 3: 18,008.00 William > Stormwater Data Report -Under Caltrans review. CCO No. 4: 11,320.00 Becerral > Mandatory Design Exceptions -Approved 07/18/06. PWtl2-11 I CCO No. 5: 37,645.00 Avlin 94°I° ° 86 /° ~ Advisory Design Exceptions -Approved 07/18/06. Amend. No. 3: 283,gg2,52 Odviar/ ~ 09108 } > Exception to Ramp Metering Policy -Approved 07/05/06. Amend. No. 4: See PW07-04 > Geometric Approval Drawings -Approved 07/18/06. Amend. No. 5: 169,000.00 Amer Attar ~ Revised Geometric Approval Drawings -Approved 01 /11/OB. Amend. No. 6: 110,917.00 > Storm Drain Study-Approved 03/21/08. Amend. No. 7: 14,573.36 Amend. No. 8 See PW07-04 Other: Notes: > Declaration of Units -Request for Metric Exception denied by Caltrans. ~ Amend. No. 1 also applies to PW07-04. See > Freeway Agreements -Revised exhibits under Caltrans review. PW07-04 for add'I apportionment. ~ Risk Management Plan - Updating as necessary. > Project Charter - 1st draft is under Caltrans review. > Maintenance Agreement -Preparing 1st submittal far Caltrans review. ~ Financial Plan -Preparing 2nd submittal for Caltrans review. W PS071008 CITY OF TEMECULA PAGE 7 OF 9 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET a7~iai2aag PROJECT PROJECT NAME, DESCRIPTION, PROJECT ~c TIllIE alc ' NO. PRIORITY CONTR.~CTOR c~ CONTR.~CT $'s ENGINEER COMPLETE C >ONTR.~CT CURRENT STATIJS Sr PROGRESS ~sr, omPraaaar~) ::PAID ($) Temecula Creek Crossing -Access to Highway The project consists of performing an alignment study to set a specific horizontal and 79 South (Temecula Parkway) vertical alignment far an extension of Avenida de Missions southerly to gain vehicular Bridge Alignment Study - Avenida de Missions Kendra y% access to Loma Linda Rd., including a bridge crossing over Temecula Creek. The City PWOS-03 II over Temecula Creek Hannah- (12108) 0% Council approved the Professional Engineering Services Agreement with Nolte Associates, Consultant: Nolte Associates, Inc. Meistrell Inc. for a Bridge Alignment Study at the 06/10/08 meeting. The kick-off meeting was held Contract Amount: $87,923.00 06/24/08. PROJECTS WAITING IN THE WINGS Butterfield Stage Road -Roripaugh CFD °~ All work has been an hold while Developer finalizes construction financing. III Amer Attar ~ ~ N!A Diaz Road Extension to Cherry Street This praject is "On-hold"' as it is some what dependent an the final state of the PR'i10-10 I Consultant: Kimley-Horn and Assoc. David NIA°!° WA°!° Education Center property. $167,101.00 McBride Eliminate Entry -Project is dead Citywide Master Drainage Plan % Postponed. PW00-29 II ???????? j ~ NIA Multi-Trails System -Margarita Road Under This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek Crossing under Margarita Road. Data regarding existing utilities are being incorporated into the Consultant: LAN Engineering William design. RCFC has provided an Encroachment Permit. Plans & Specs are complete. This PWt14-13 I Contract Amount: $114,426.00 Becerra 100°!° 100% project cannot be constructed until adequate funds are identified. An application was submitted for State BicycleTranspartation Account (BTA) funds on 12/1/06. Sam Hicks Monument Park Playground This project will replace the playground at Sam Hicks Monument Park to comply with new Replacement Kavan standards. The funding for this project is through Community Development Block Grant. PW06-16 Haghighi o 0 /° N/A Funding for this praject has been reallocated. Postponed until funds are allocated. Auxiliary Lanes on I-15 in Temecula A feasibility study will be conducted to determine if auxiliary lanes can be added between on and off-ramps on I-15 in Temecula to improve the freeway operation. An RFP to conduct Laura the study was published an the City's website on 02/14/07. Proposals were received an PW06-17 I Braggl 0°1° NIA 03/16/07. The City reviewed the proposals and selected a consultant. Due to funding Amer Attar constraints, this project is being delayed until Fiscal Year 200912010. RIGHT OF WAYRELATED PROJECTS French Valley Parkway/ I-15 Overcrassing and Carol Architect has provided final report on costs of Improvements for Basics and Mortuary. PW02-11 I Interchange, Project Report (PR) N!A NIA Proposals from appraisers are being reviewed Chiode PW99-11 Pechanga Parkway Carol Settlement reached with all owners; have to ga back to Closed Session an one parcel due to Chicdo issues with lender. Butterfield Stage Road -Roripaugh CFD Carol Closed escrow on Calixta parcel. Demolition to be scheduled after June 21 st. Waiting far CED 03-02 Chicde Land Dev to complete review of right of way issues to determine if more r/w needs to be acquired. PW 95-27 I Diaz Realignment Carel Need to record various deeds on parcels affected by project. Chi odo W PS071008 CITY OF TEMECULA PAGE 8 OF 9 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET a7iiai2aag PROJECT PROJECT NAME, DESCRIPTION, PROJECT ~c TIllIE alc ' NO. PRIORITY CONTRACTOR & CONTR~C'T $'s ENGINEER COMPLETE C >ONTR.~CT CURRENT STATUS Sr PROGRESS ~sr, omPraaaarQ~ ::PAID ($) Pechanga Parkway (right turn lanes} Carol Received authority in Closed Session on May 13th to make offers; Offer to the property PW 06-1I Chiodo owner was mailed. Pechanga Parkway (mitigation land} Carol Received authority in Closed Session on May 13th to make offers; Offer to the property PW 99-11 Chiodo owner was mailed. Pechanga Parkway Carol Have settled with all owners but have to return to Closed Session to advise Council of Chiodo changes to be made to Agreement for one owner who had difficulty with lender Surplus Land :Diaz Raad Realignment Carol Received authority in Closed Session on May 13th to commence negotiations with Outdoor Chiodo Channel. Riverside County Flood Control Parcels-Old Carol Received Purchase Agreement from RCFC; need to make revisions and send back Town Chiodo Santa Gertrudis Ped. Bridge Carol Have agreed to terms of Purchase and Sale; will need to take to Closed Session; Phase I PW07-OS Chiada Environmental Assessment was completed. Santiago Detention Basin Carol Had scoping session with appraiser; sent Notice of Decision to Appraise to owner Chi ado Civic Plaza Delivered all Entry Permits to 4 owners along north side of new City Hall project; Received Carol Council approval on May 27th to make offers on Entry Permits. Offers were made. Chi ado Policy re: Site Assessments Coral Editing Site Assessment policy Chiodo Miscellaneous Right of Way Related Items Carol review of Caltrans procedures; working on draft of Relocation handout required by law Chiodo On- oin g g NIA SPECIAL AND MISCELLANEOUS PROJECTS Roripaugh Ranch CFD Reviewing submitted Reimbursement Request for the two bridges with the City attorney. CFD 0302 Amer Attar NIA NIA CFD 01-02 Harveston CFD Amer Attar NIA N/A No activities Harveston CFD No activities CED 03-06 Amer Attar NlA N/A CFD 03-01 Crown Hill CFD Amer Attar NIA NIA No activities CFD 03-03 Wolf Creek CFD Amer Attar NIA NIA Processing Reimbursement Requests. Serena Hills CFD Na activities CFD 02-08 Amer Attar NIA NIA Tracking, preparing, and processing Federal and Various Projects. Various I State Funds Reimbursements Julie Dauer On-going NIA Contract Administration Preparation, review and training as required for CIP project contracts, amendments, extra Various I Julie Dauer On-going NIA work authorizations & change orders. Providing assistance to staff in processing contracts and purchase orders for all CIP division projects. Murrieta Creek Multi Purpose Trail Request for Authorization' has been approved for construction. TCSD to develop co-op agreement with Riverside County Flood Control. Awaiting Encroachment Permit from PW01-27 I Julie Dauer N!A NIA RCFCD. Bid Opening August 15, 2007. Prepared "justification Form' for Caltrans for update on project status for the quarker ended 9/30/07. Surface Transportation Program (STP) - De Received approved PES, CE and NES(MI}for environmental clearance on October 30, PW06-10 I Portola Raad Pavement Rehabilitation Julie Dauer NIA NIA 2007. W PS071008 CITY OF TEMECULA PAGE 9 OF 9 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET a7iiai2aag PROJECT PROJECT NAME, DESCRIPTION? PROJECT ~c TIllIE alc ' NO. PRIORITY CONTRACTOR & CONTR~C'T $'s ENGINEER COMPLETE C >ONTR.~CT CURRENT STATIJS Sr PROGRESS ~sr, omPraaaar~) ::PAID ($) Highway Bridge Replacement & Rehabilitation Agreement approved between City and Simon Wong for the environmental processing for PW03-OS I Program (HBRR} -Main Street Bridge Julie Dauer N/A NIA this project. Total HBRR funds $3,920,000. SR2S- Safe Routes to School Program - In process of preparing PES, ISA checklist and NES(MI) documents for environmental Pedestrian/Bicycle Bridge over Santa Gertrudis review. Agreement prepared between the City and Nolte Associates to provide additional Creek to Chaparral High School environmental review and assistance as needed for environmental clearance. SR25 funding PW45-11 I Julie Dauer N/A NIA has been awarded in the amount of $425,520. No State funds are to be allocated for this project, therefore NEPA environmental processes will be required. In addition to SR25 funding we have been awarded $132,000 in S6821 funding. Transportation Uniform Mitigation Fee (TUMF} Quarterly review of expenditures far TUMF reimbursement requests. Various I Julie Dauer NIA NIA TE -Transportation Enhancement PE5 & Field Review forms and NES (MI} and ISA Checklist have been prepared and PW06-15 I Winchester Road/State Route 79 North Corridor Julie Dauer NIA NIA submitted to Caltrans far environmental review. Received comments from Local Assistance Beautification Project and have completed responses and submitted for additional review by Caltrans. Total funds awarded perTE Funding adjustments $1,133,000. PW99-11 Pechanga Parkway Phase II Street Have received environmental approval and are currently in process of completing the right- (Phase II} I Improvements -Public Land & Highways Funded Julie Dauer NIA NIA of-way processes. Completed RFA package will be submitted upon ROW certification. Various I CIP Project Files Julie Dauer N!A NIA Continue process of review of current and completed CIP projects for archiving. Various I Grant Files Julie Dauer NIA NIA On-going review and update of all grant files for the CIP Division. Formulating a list and cross-references far current and active grant programs and projects. Various I Band Releases Julie Dauer N/A N/A On-going processing of bond releases for City Clerk's office for various completed CIP projects. 2006/07 Bicycle Transportation Account 2006/07 BTA funds approved for the preliminary engineering of our Santa Gertrudis Creek TBD I BTA Funds Julie Dauer NIA N/A Bicycle Trail Extension and Interconnect project. Total award $395,000. Quarterly Review Review of Federal and State funding of CIP projects for preparation of reimbursement Varieus I Julie Dauer NIA NIA invoices far costs incurred during each quarter. Also include review of administrative costs for CIP projects and prepare reports for Finance. Standardize the format of the Specifications for Specifications library is continuously being updated and amended. The boiler-plate section all projects David is also being reviewed and updated. Federal Specifications were updated and standardized McBride On-going NIA for De-Portala and Rancho California Road. Circulation Element Implement Plan This Project is to identify all future projects necessary so that the current Circulation Amer Attar/ Element of the General Plan is fully implemented. data entry into the database is complete. I NIA NIA The tasks of field verification, cost estimates preparation, and aerial mapping have all been Laura Bragg completed. This completed project information was submitted to Greg Butler/Bill Hughes on March 27, 2006. Update Plans to Reflect As-Built Candikions for City receives blue prints from many contractors marked with As-Built conditions for various All Recent Projects ~????? On- oin g g NIA Projects. Some of these As-Built conditions have never been transferred to the project mylars. As-Built plans will be created for all recent projects, if it was not done at the time of submission. Consultant Selection An Access database was created far our Consultant Selection List. Information is available Various I Laura Bragg On-going NIA on the City's web-site on how to be placed on the list and responses are being entered into the computer as they are received. W PS071008